The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1909-08-17
STRIKE BEST THING FOR THE
TERRITORY SAYS W. A. KINNEY

hhplhIlf NNNh IL NC uuNSA AhbOhu w
carry out his threat. If these
threats and not to carry them out,
it is no excuse. 1t is just as illegal
as if they had intended to carry them
out.
Another thing, it doesn't make
any difference if the threat is yelled.
The court doesn't put up with any
| such nonsense and juries are not to be
fooled. That's the law that will con.
troll in this case. Why, sometimes
ono man hbels another. He doesn't
want to use the real name of the 9th
er man so he gives a fictitious aamc.
| No such subterfuge as that will work.
So, too, here, if the language is SO
| yelled as to have plea that the
words have a harmless meaning, he
can't escape. They knew how ShetA
was taking it, knowing that instead of
walking the street in peace, as is the
| privilege of all men, he walks it arru-
| ed, not knowing at what moment the
arm of the assassin will reach out and
take from him the life that, once
| taken, can not be his again.
cit is to Taught 1t is in the funny
column. But Sheba did not taks 1t
as joke. And the grand jury in
dicted Sega and called halt on the
funny column. Speaking of man
who had police to guard his house,
whose poor wife was frightened, they
said, THAT man should be taiii.ed, that
man should be bokumetzu-
1t is immaterial who carried out
the plan of conspiracy; the act of one
| 80 8 IL -
that bomb in Chicago was the act
of Spies, though as far as is known
he never knew the man who threw it.
A cowardly Program.
"No right. minded citizen can have
any sympathy with that cowardly pro-
gram that jeered at Sheba. 1t was
the acme of cowardice. If the Japa-
nese didn t want to buy Sheba IS paper,
that was their privilege. But where
these men said they would get up an
association to boycott Sheba's paper,
that was unlawful. 1t was the com
bining to boycott that was unlawful.
Conspiracy can be going on among
men who do not know each other, who
never saw each other, who have never
written each other a word. What is
the history of the criminal organiza-
tons of Europel
"No formal agreement or under.
standing is necessary. 1t may come
about by men getting together inform
ally and talking it over. Conspiracies
are like snakes in the grass. There is
nothing so cowardly as conspiracy.
The very name is synonymous with
darkness and deception.
"In this case the conspiracy did
not prevail; the higher wages were
not obtained and therefore the case
rests upon the conspiracy. 1t is not
necessary that the conspiracy should
be successful.
Who Is Back of the Trial?
j. "You will note that this is a conspira
cy against certain plantations. Tech
nically you will have to- name some
certain plantation. There is absolute
ly no evidence before the jury that
there is any plantation back of this
prosecution. But no side issues must
be drawn into this trial / can do no
more. have done all / can when
this ease goes to the jury. If the case
{ is to go on such issues, well and good
, | can d., no more.
Gone of the side issues that have
been inteIiected into this case is that
the use of certain words taiji', 'bo
kumetzu,' etc., have been used in the
| Shinpo, the Chronicle and the Jiyu. II
makes no difference if those papers
r were dripping with threats. The
complainant here is the Territory d
Hawaii, the people of Hawaii. There
was not the power in all the sugar
: planter combined to stay for one
minute this prosecution. 1t was charg
ed that this was n mere bluff of tht
planters. That bluff has been called
They said there was no evidence tt
= support the charge. You are the judges
| whether this case should not bt
brought. How would you feel if the
! prosecution dropped the charges ant
took the case away from you? If tha
: is to be done, where is this thing Il
: stops
at makes no difference whethe,
i these articles were contributed or not
50 long as the jury is satisfied they
n were put in to carry out the avoweC
V policy of the paper.
I cts all nonsense to tell you tia
+ I.they-these defendants-were threat
. ened, when Mr.. Negoro tells you on tn
! stand it was 10000 Japanese agains
one man. They concede and Sheb
claims he stood alone. The jury nee,
y not worry much about the threats mad
by him. And, anyway, that would b
;. no defense.
), A State of Mind.
e "The court will instruct you that il
determining whether language is threat
r ening OF not, the jury has right t.
g take into consideration the state o
i mind of the men to whom it was ad
f dressed. What was the state o
? mind of the people to whom these arti
, cles were Addressed You rememhe
the language of their own paper wher
4 it said: 1T will be like closing up tn
a mouth of a volcano to refuse the dc
! mands of these men, That was tn
il state of mind of the people to WHOM
these articles were addressed If