The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1909-08-17
CONTINUED from Page one.l

the police magistrate and sentence pro
nounced-of course with the right of
appeal to the circuit court. The ex-
treme penalty in case of conviction is
only year, but yet this case also be-
longs to class such that weeks have
been spent in getting the case in hand.
No more important case has ever gone
to d 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 number of examples. Con
spiracy,n he said, els merely 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.
81 In the old days of Anglo-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
ly.' Kinney then referred to the case
of Herr Most, the anarchist, ga man
who wanted to preach evil, but didn t
want to do it himself. What was the
effect? When he talked to those poor,
ignorant men, he said, Not now, but
after while But his audiences said,
why not nowl' He was arrested and
came into court and said, Il didn't tell
them to do these things But Herr
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. 1nvestiga
| 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 / say that the fact that this is
| in the nature of prevention of crime
should not lead this jury to disregard it.
In February Sega was indicted for his
| utterances 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. 1t was
smiles and ridicule when Sega was in
|
these men stand here and say those ar
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 Jiji for
what it has done, and Sega promised
to go ON with the work.
/ 20 t,,hA thnxr To n
ostracize a man. In black and white
sued that he can not show his face III
society
What Ostracism Is.
| "Do you know what a man IS feelings
are who is banished from society, who
everywhere meets averted looks, re-
almost, and many men would prefer
death. And who has done it if not these
four menu Sheba says he is broken
man. And who broke him2 What was
his offense9 1t was that he did not be
lieve the propaganda of these men. II
these men live thousand lives and die
a thousand deaths, they can not eff
face what they have done.
4 L
poverish these plantations. Counsel will
probably say they are so rich they ear
not be impoverished. The amount isr y
the issue. 1t is all the same whether
1t is 800 or $500. That they haven ,,
broken the backs of these plantation!
ism It their fault.
ga conspiracy may be to do law
full thing or an unlawful thing Mel
may agree to do a lawful thing but by
unlawful means. 1t was lawful to try
to get higher wages, but to get then
by ostracism and violence was unlaw
full. There would be no society l.
every time you disagreed with you,
neighbor you were to say: Il II ostra
cize you; l II talk of dark nights an,
moonlight nights When
abandon persuasion and argument an;
take my fists, that moment transgres
the law. There is no law so farreach
ing as the law that protects the veal
from the strong hand of the strong.
"Mind you, the offense consists il
planning to do unlawful things. VIII,
have we produced all this proof o
what they have done9 Because wha
they have done is proof of what the,
planned to do. 1t is not often tina
witnesses are present at conspiracy
Il
"The jury are not called upon t.
say when the agreement was made
1t don't matter whether it was tn
18th of January or the 18th of jun
so it was within two years of tn
time fixed.
sit is not necessary in the case 70
J the prosecution that although W
J charge number of different iuega
means, we shall establish them all. /
you believe that anyone Of these dit
ferent unlawful means was resorted tt
that is enough.
"The court has ruled out a grea
deal of evidence by the defense;
great many objections have been Ell
tered Gentlemen of the jury, unit
, the Spies case in Chicago not much wa
known about conspiracy. The Suprem
Court of the United States has rule
, on all these matters. And / trust tina
because lot of evidence for the dc