The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1909-08-17
STRIKE BEST THING FOR THE
TERRITORY SAYS ". 4. KINNEY

one man hasn't the right to threaten
/ carry out his threat. If these
men planned to make bulldozine
/ threats and not to carry them out
/ it IS no excuse. It is just as illega
| as if they had intended to carry then
! 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
one man hbels another. He 3oesp y
want to use the real name of the 9TH
er man so he gives a fictitious name.
No such subterfuge as that will work.
So, too, here, if the language is so
yelled as to have a plea that the
words have a harmless meaning. he
can t escape. They knew how ShehA
was taking it, knowing that instead of
walking the street in peace, as is the.
privilege of all men, he walks it arIu-
ed, not knowing at what moment file
arm OF the assassin will reach out and
take from him the life that, once
taken, can not be his again.
1t is to taught It is in the funny
column. But Sheba did not take It
as joke. And the grand jury in
dicted Sega and called a halt on the
funny column. Speaking of a 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 boBumetzu-e ed
1t is immaterial who carried out
the plan of conspiracy; the act of one
is the act of all. The act of throwing
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 eowardly pro- |
gram that ieered at Sheba. 1t was
the acme of cowardice. If the Jana
nese didn t want to buy Sheba s paper.
that was their privilege But where
these men said they would get up an
association to boycott Sheba s paper.
That was unlawful. It was the com
olnlng to boycott that was unlawful.
Conspiracy can be going on among
men who do not know each other. who |.
lever saw each other, who have never
written each other word. What is
ne history OF the criminal organiza-
ions of Europea
No formal agreement or under
landing is necessary. It may come
bout by men getting together inform
lily and talking it over Conspiracias
re like snakes in the grass. There is
othing so cowardly as conspiracy.
he very name is synonymous with
arkness and deception.
" In this case the conspiracy did
OF prevail; the higher wages were !
OF obtained and therefore the case
ests upon the conspiracy. It is not .
ecessary that the conspiracy should
G successful.
Who Is Back of the Trial?
you will note that this is eonspira- t
Y against certain plantations. Tech. {
leally You will have to name some !.
erta1n plantation. There is absolute
no evidence before the jury that
aere IS any plantation back of this
But no side issues must
drawn into this trial I can do no
ore. [ have done all ! can when {
us case goes to the jury. If the case
to go on such issues, well and good. /
can DE- no more. t
One of the side issues that have I
zen lnteriected into this ease is that c
lie use of certain words taiii'. tbo- -
lmetzu, etc, have been used in the !,
hippo, the Chronicle and the Jivu. Tt L
axes no difference if those papers =
ere dripping with threats. The +
mplainant here is the Territory Of =
await, the people of Hawaii. There =
as not the power in all the sugar
anters combined to stay for one h
mute this prosecution. It was charg- q,
that this was mere bluff of the h
anters. That bluff has been called. Il
hey SAID there was no evidence to II
pport the charge. You are the Judges Fl
neither this case should not be is
ought. How would you feel if the nj
oseeution dropped the charges and 7;
ok the case away from you? If that st
to be done, where is this thing to W
'p9
Ii Ihahes no d1nerence whether IL
ase articles were contributed or not. III
long as the jury is satisfied they W
re put in to carry ont the avowed di
Icy of the paper. IN,
s all nonsense to tell Won that tn
y-these defendants-were threat fe
I'd, when Mr.. Negoro tells YOU on tbe m,
nd it was 10000 Japanese against in
man. They concede and Sheha tn
inns he stood alone. The Jury need ma
worry much about the threats made a
him And, anyway, that would be
defense. tn
A State of Mind. III
The court will instruct You that in ST,
erm1nlng whether language is threat. il
ng or not, the jury has a right to
e INTO consideration the state Of sic
ID OF the men to whom it was ad- en-
ssed. What was the state of ev
id of the people to whom these arti- W.
J were addressed? You remember es,
language of their own paper where
aid: 1T will be like closing ND the h.
nth of volcano to refuse the de- 90,
1ds of these men, That was the ~
.e of mind of the people to whom o on'
Sc articles were addressed. IF n -
ne is Just balancing on 6 precipice WI WI
SHOVE Of foot will push it over. ~; .,e
L go into a powder magazine with ~