The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1909-08-17
Continued from Page One. !

although it is over a mIsdemeanOr,
charge such as might have been tried by
the police magistrate and sentence pro
nounced--0f course with the right OF
appeal to the circuit court. The ex
treme penalty In ease of conviction j!
only a year, but yet this case also be
longs to a class such that weeks have
been spent III getting the case in hand
No more important case has ever gone
to jury in this country. The charge
against these defendants is conspir-
acy.''
Mr.. Kinney then went into a some
what detailed explanation Of what CON
spiracy is as defined by the laws, and
cited a number of examples. econ
spiracy,' he said, - is merely a plan
TO do something wrong which has not
been carried out. These laws
against conspiracy are right laws;
they are the best type of laws, laws
that nip criminality IN the bud. There
is an old saying that an ounce of pre-
vention is worth a pound of cure. = \
SIN the old days Of Anglo-S Saxon law
the poor fool that did the actual crime
was the man we punished, but now
adays we are coming to recognize the
root of the crime and to act according
1y" Kinney then referred to the case
of Herr Most, the anarchist, "a man
who wanted to preach evil, but didn t
want to do it himself. What was the
effecta When he talked to those poor,
ignorant men, he said, Not now, but
after while But his audiences said,
why not now2' He was arrested and
came into court and said, I didn It tell
: H. Il
Most was put behind the bars, where he
belonged.
"President Mckinley, standing with
his hand held out in greeting, was shot
and murdered by Czolgoz. Investiga
ton showed that the poor fool was act /
ing under the influence of Emma Gold /
man. Unfortunately, she was keen
enough to cover her tracks, and she
escaped.
$50 L say that the fact that this is !
in the nature of prevention of crime
should not lead this jury to disregardit.
In February Sega was indicted tor his
utteranees in the Jill. We can see how,
in the delay of his trial, he has used
his time.
81 can feel the smile behind my
back. 1t is not the first time that smile
has been seen in this court It was
smiles and ridicule when Sega was in
dicted. With astonishing audacity
these men stand here and say those ar
ticles in the Jill were innocent and
harmless.
Their position is not one of apology
for this work They say it is entirely
blameless. Here in this trial they
passed vote of thanks to the Jill for
what it has done, and Sega promised
to go on with the work.
1t is right, they say, to vote to
a man. In black and white
Sega declared Sheba has been 50 pur-
sued that he can not show his face III
society.
What ostracism Is.
Do you know what man S feelings
ire who is banished from society, who
meets averted looks, re-
'uffsf 1t is the equivalent of death
Utmost, and many men would prefer
leath. And who has done it if not these |
our menf Sheba says he is broken
nan. And who broke hima What was !
rs otfenseY 1t was that he did not be
ieve the propaganda of these men. IF i
hese men live thousand lives and die |
thousand deaths, they can not eff
ace what they have done. i
The result of these acts was to i'm I
'everlsh these plantations. Counsel will /
'robabfv say they are so rich thew can {
lot be impoverished The amount ism t =
he Issue. It is all the same whether =
is 500 or $500. That they haven t =
'roken the backs of these plantations !
sn t their fault.
A conspiracy may be to do law :
al thing or an unlawful thing. Men l
lay agree to do lawful thing but byt i
nlawful means. 1t was lawful to try
0 get higher wages, but to get them +
y ostraelsm and violence was unlaw-
NJ There would be no society if 81
very time you disagreed with your !"
elghbor You were to say: Il II ostra- d
lze you; III talk of dark nights and P
looniight nights. When IL
oandon persuasion and argument and is
IKE my hsts, that moment | transgress st
ne law There is no law so farreach
u as the law that protects the weak tt
.om the strong hand of the strong. 81
MIND You, the offense consists in W
tanning to do unlawful things. WHY pt
ave we produced all this proof Of
hat they have done7 Because what tn
ley have done is proof of what thew en-
tanned to do. It is not often that st
illnesses are present at a conspiracy. Oh
ell
THE jury are not called upon to nc
" when the agreement was made by
don't matter whether it was the nc
9TH OF January or the 18th of .Juna
it was within two years of the
me fixed. do
1t is not necessary in the case for en-
lie prosecution that although we ia
large number of different Illegal mi
cans sc shall establish them all IF DIR
'u believe that anyone Of these a;f. mi
rent unlawful means was resorte5 - Gle
at is enough. tn,
The court has ruled out a great it
al of evidence by the defense. me
eat many objections have bean o. ma
red. Gentlemen of the inrv mil sta
e Spies case in Chicago not much was th'
iown about conspiracy. The snnren,a ste
'urt OF the United States has MED IN IN
all these matters. And I trust that ~
cause lot of evidence for the de- wI
nse mas been ruled out. YOU win not 81 -
j ink the law is not being strictly No =,
flowed ont. " 4 ~