The Hawaiian star., 1910-03-05
HIGHER WAGE
LEADERS MUST
co TO JAIL
CONTINUED From Page one,)


affiant unknown Ito do what plainly
and directly tended to incite and oc-
casion offense and to do what was OBJ
viously and directly injurious to an
other" by conspiring to prevent GER
tain corporations owning sugar plan
tations in the County of Honolulu
from carrying on their business and
operating their plantations by in
timidating and threatening violence
against, and instigating others to in
timidate and threaten violence
against, and melting and instigating
assaults and batteries upon, all Japa-
nese in the City and County of Homo
lulu who opposed or should oppose an
immediate demand being made by the
Japanese laborers upon said planta-
tions for increase of wages and
strike by such Japanese laborers as
were refused the demand and upon
all Japanese in the city and county
who should attempt 70 persuade any
Japanese laborers who should be re-
fused such demand from leaving the
emplovment of the corporations and
refusing to continue or renew it, and
by intimidation threats of vivolence
and instigating and melting others
to intimidate and threaten violence
and by melting and instigating as
saults and batteries upon all Jap
anese laborers upon said plantations
who should continue to work for them
after being notified by the defendants
and their co-conspirators to cease and
refuse working (for them) and con-
spring by similar means to boycott
financially and ostricize socially all
Japanese who should refuse to join
in said unlawful, malicious and frau
dulent combination or to use of assist
in using or promoting the use by
others of the said indirect, sinister
and unlawful methods and means for
carrying out the said combination
and plan and thereby ,at the time and
place aforesaid, unlawfully, malicious
ly and fraudulently to prevent the
said corporations from exercising
their trade or business and them to
impoverish contrary to the form OF
the statute in such case made anc
provided.
June IA, 1909, the defendants were
taken before the first judge of thu
first circuit court sitting as com
mitting magistrate, and, demanding
jury trial, were arraigned upon thu
charge of conspiracy. At the de
PENDANTS request the cause was con
tinued until the following day in or
der to arrange for bonds, etc. OF
June 19 the defendants asked tina
"the matter of plea be continued un
til Monday, June 81, and, the reques
being denied, objected to the proceed
ing on the ground that they had no
been indicted, which objection wa
overruled The, defendants then en-
tered a plea of not guilty an
moved for a continuance until tn
1910 term which was denied. TIL
bill of exceptions sets forth that o
June 19 the defendants moved tina
the cause be continued for plea unit
June 21, 1909, and excepted to tn
denial of their motion. The caus
was set down for trial for June 21, q
which day City and County Attorne
Cathcart appeared for the Territor!
Messrs. Kinney Ballou, Prosser an
Anderson assisting the prosecution
The defendants objected to counst
being employed for the prosecutio
and excepted to the overruling {
their objection. On July 10 a juI
was impaneled to try the cause. A
ter the complaint was read to the jul
by counsel for the prosecution and
statement made of what the prosec
tion expected to prove the defendan
moved that they be discharged {
ground that the facts stated, if prove
would not constitute the offeni
charged and excepted to the denial
the action.
After a trial occupying twenty-ol
days the jury rendered a verdict
guilty of conspiracy in the third d
gree as charged" to which the d
PENDANTS excepted as contrary to la
evidence and weight Of evidence 81
ing notice of motion for new tria
They then moved in arrest on Il
grounds that the court was witho
jurisdiction under the fifth amen
ment that mo person shall be held
answer for capital or otherwise ]
famous crime unless on a prese1
ment or indictment of a grand jury
or the sixth amendment providing +
trial by an impartial Jury, and t
third article of the constitution tn