The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1894-12-24
Their Cases Go to the Circuit Cour
and Young Weed Is
Discharged.
TEXT OF JUDGE PERRy's DECIsIo>
RENDERED THIS MORNING.
Mr.. Nawahi's Alibi Was Not Established
just what Constitutes n
Conspiracy.

the decision OF Judge Perry on the
matter Of committal. The Judge
read his decision, as follows, hold
Crick, Bush and Nawahi and
releasing Weed;
Republic VS.. +. c. Crick, ct al,
Conspiracy.
The statute of 1892 defines the
duty of this Court, i'll cases of this
nature, to be, to consider whether
there is probable cause to believe
that jury would upon the evidence
adduced convict the accused of the
ofense with which they are charg-
ed. 1t is not i'll its power to say
whether or not defendants are
guilty of such offense.
The essence of the offense here
charged consists in the unlawful
agreement and combination of the
parties, and it is completed when
ever such combination is formed,
although no act be done toward
carrying the main design into
effect. 1t is not even necessary
that the means for the accomplish
ment of the desired object be settled
or resolved on at the time. AS soon
as the union OF two wills is per-
fected, the offense is complete;
at any time thereafter another may
become partaker in it by joining
the contrivers and the least degree
of consent or collision is all that
needs be shown. The joint assent
of the minds may be established as
an inference from the other facts
proved, i. e., by circumstantial
evidence.
First, as to the defendant Weed.
The evidence adduced by the prose
cution, briefly statated, is that at
the time the conspircy is shown to
have existed, Weed INDUCED in
talk against the Republic and said
to witness Osmer, in effect, IF you
have any guns bring them around" "
That thereupon Osmer agreed to de-
liver to him gun on the following
day. which was done; that Weed
also said that he had many men i'll
the palace under his control, ready
for their side, but to whom he re-
ferred by their" witness did not
know; that Weed and Crick were
once seen in saloon engaged III
conversation, which, however wit
ness did not hear. This, it seems
to me, although tending to show an
intention on Wed part to oppose
the Government by force, and,
possibly, that he was in
in league with others to carry out
that purpose, does not show a con-
spiracy by him with the other de-
PENDANTS, or any of them. And
that is what he is charged with. AS
to Weed, then, the testimony does
not, in my opinion, warrant COM
mitment for trial, and he is dis
charged.
The evidence produced against
the other defendants is that they,
Oil NdllOuS OCSdSlOnS, luS HlSl vi
which was August 18th last, held
conversations at the house of de-
PENDANT Bush in the presence of
one or the other of witnesses, Van
Geisen and McEvoy, in the nature
of discussions as to ways and means
for accomplishing the overthrow of
the Government by force; that at
some of those meetings a
map of Honolulu was produced,
tho strategic points marked thereon
and discussed, and the residences
of prominent officers of the Gov
eminent that were to be guarded to
prevent the occupants from rushing
out to its aid, selected; that differ
ent plans of attack were prepared,
and the necessity of more arms,
and especially the lack of money
for the purchase of the same, dwelt
upon; that list was prepared of
the public buildings to be taken
or destroyed, of officers of the
Government whose residences were
to be guarded, and of places where
arms were to be obtained; that, for
the purpose of carrying out the OBJ
ljects of the conspiracy, defendant
Crick procured arms and ammuni-
ton, part of which were stored by
him on the premises occupied by
himself jointly with Van Giesen,
and part delivered to him in Bush 5
premises, and later found there
with other arms by officers, in a
secret receptacle in wall of Bush S
house.
For the defense. evidence was
introduced tending to show that
about the middle Of January last
their attention was called TO
fact that McEvoy was spy in the
employ of the Government, and the
same as to Van Giesen, some time
later. Two men engaged in the
printing rooms of defendant Bush in
the house where the alleged
meetings took place state
that they did not see anything
or hear said conversations, and
that they did not think it possible
that such could have occurred
without their knowledge but as to
this, from the further evidence Of
those two men, | am of opposite
opinion.
Defendant Nawahi denies in toto
the truth of the statements Of
the witnesses for the prosecution as
to his being present or taking part
in any of said meetings, and seek,
to show by his own testimony, a,
also by that of his wife and on,
other witness, that at the time tn,
meeting Of Annnst IL Is ,a;d a.