Evening bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1895-1912, 1909-08-19

rying out said unlawful malicious and
iraum combination and plan. and
all japanese who should fai' or refuse
or assist In using or promoting the use
by others of the indirect sinister aud
unlawful methods and means Aforesaid
cious I'm | fraudulent combinations an.
plan aforesaid; thereby, by indirect
unlawful and sinister means. and IN
the manner aforesaid. and at Tn, tine
aforesaid and at the place aforesaid,
unlawfully malIciOusly and fraudulcnt.
ly to prevent the corporations afure.
said and the managers thereof from cx-
erciging their trade or business AMI
them to impoverish--
Them to impoverish--
HOLY SMOKE! THEM TO M.
POvERISH!
Contrary to the form Of the statute
in such case made and provide l."
Them to impoverish--thcse four
mon, who probably can't say any.
thing about their wealth. or lack NJ
wealth. but just look at them. THEY
ARE GOING TO IMPOvERlSH FIVE
PLANTATIONS. Oahu Sugar Com.
pany until the other day paying two
per cent. per month. mind you two
per cent. per month. on capital that
has been, think perhaps. four times
watered--it Is matter OF common
knowledge. These people we are go.
Ing to impoverish. mind you.
So that the gist Of the whole bust
ness is that we have conspired to-
gether to impoverish these Ave plan.
tations by the certain means named
Now, gentlemen of the jury, His
Honor the Judge will tell you what
the law is In regard to conspiracy. He
will say this to you:
That conspiracy is the malicious
and fraudulent combination or mutual
undertaking, or conspiring together. Of
two or more. to commit any offense
or instigate anyone thereto. or charge
anyone Herewith. or to do what plain.
ly and directly tends to exercise or
occasion offense. or what Is obviously
and directly wrongful and injurious to
another.
And then His Honor will go on and
point out, with our approval and con.
sent. wherein the conspiracy In this
case lies.
Now. gentlemen OF the Jury, don't go
on what l say Is khe law with regard
to conspiracy. may be mistaken. Go
on what His Honor says Is the law.
We are bound by that. His Honor
may be mistaken, but he cannot be
mistaken In this case; as far as we
are concerned II In absolutely the law.
But. above all things, don't, and
pray you. don't 90 on the law as laid
down by Mr.. Kinney. Because that IL
not the law at all.
He gave you an illustration Of
what he thought was the law of con.
spiracy, and II lis this:
He said certain anarchists are to be
imported into the United States. They
are importing them here and don't you
forget 1t, just as far. as they can!
That hasn't anything, has nothing, to
do with 1t, though. An anarchist so.
ciety like the one he referred to has
several members. and Il sends a note
or an order to one Of the members,
saying:
| you find out ut what time such a
man leaves his house to go to such a
place."
Now the member goes of and he
sees. or by what other means he
chooses, and he finds out at what time
that man IL to leave his house to 60
to a certain place. and he reports that
to this society.
You remember what Mr.. Kinney
said. don't you? Now, then. Mr.. Kin.
ney says:
| Another member of the society re.
ceives another order, which is as fol
lows:
| "'Mr. SO-and.sO will leave his house
at such time; he will go to such a
place. You waylay him and kill
him."
Now he says that Is an illustration
OF conspiracy. These two men. the
first man and the second man. are
conspirators. They conspired to dc
an unlawful thing. They didn't dc
anything OF the kind And those two
men II they were guilty of anything al
all were not guilty Of conspiracy
and so the court will tell you. gentle
hoh VI thc jury, IHe court won
mention that particular case, because
II Is not the courts business to say
Counsel in his argument says that t.
be the law which Is not the law. Hui
he will tell you-His Honor will tel
you-that there can be no conspirac,
without what Is called mutually
There must be mutual understand
ing between the conspirators. Ant
that Is the point In this case, and tina
IL the great point In this case. Their,
must be a mutually. Now, says Mr.
Kinney:
"The first man who receives the no
tice may never have seen the secont
man. never spoken to him. but We
they are conspirators."
II Is not so. II Is not the law. Tha
Is not the law. II Is not the law, be
cause Of the absence Of that feature
mutually.
Now let us take another instanc,
that Is the law that Mr.. Kinney cit
ed.
Suppose there Is man In New