Evening bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1895-1912, 1910-03-05
SUPREME court
DECISION


Y. TASAKA, M. NEGoRo, FIX.
MAKING.
Exceptions from Circuit Court, First
Circuit.
Argued February 4. s. 1910.
Decided March 5, 1910.
Hartwell, c. j., Perry, j. and Circuit
Judge Whitney In place of De
Bolt, J.
Criminal law-conspiracy-- evidence
order Of proof.
The statute makes combination
DR. mutual undertaking or concert.
ing together to incite acts of vio-
lence and to threaten and intimidate
laborers who should not strike for
higher wages or who should return
to work punishable as the offense of
conspiracy.
A mutual undertaking to arouse
discomfort of a certain class of Jap
anese laborers by speeches and
newspaper articles tending to incite
acts of violence In order to induce
them to strike Is shown by, or may
be inferred from, the evidence in
this case.
A mutual undertaking may be in.
ferred from the conduct of the de-
PENDANTS, their mutual relations to
each other with reference to com.
mon object and by circumstantial ev.
idence. The order Of presenting
proofs Is immaterial.
The intention of newspaper art.
fcles to inclte to criminal acts of
violence by threats and intimidation
may be inferred from their nature
and the fact that such acts followed
their publication tends to show that
the language used In them was sus-
ceptible Of sdch meaning in the
minds of those whom they were In.
tended to reach.
discriminating evidence of papers
obtained from the possession of the
defendants forclbly and without pro-
cess OF law is admissible. - B.
ID practice-instructions.
The attorney general may allow
private counsel to assist prosecu.
ton.
1t is not error to refuse a continu.
ance of two days in which to plead.
ID constitutional-waiveri by statu.
tory authority of the full legll
number OF twelve Jurors and
crnsenting to withdrawal Of one
Juror. AZ
Such waiver Ia not In conflict with
Art. 3 of the Constitution, the fifth
and sixth amendments or Art. SO,
Organic Act. 3
Opinion of the Court by HartweC,
G. j.
The defendants were arrested up
on the sworn complaint of the high
sheriff that on January 10. 1909,
In the City and County Of Homo
ldlu, they unlawfully, maliciously
and fraudulently combined and mu-
tually undertook and concerted to-
gether and with other persons whose
names were to the affiant unknown
Ito do what plainly and directly
tended to incite and occasion offense
and to do what was obviously and
directly Injurious to another" by
conspiring to prevent certain corpor-
ations owning sugar plantations in
the County Of Honolulu from carry
Ing on their business and operating
their plantations by intlmidating ana
threatening violence against, and in
stigating others to intimidate and
threaten violence against, and incit-
ing and >instigating assaults and bat
teries upon, all Japanese In the Cay
and County of Honolulu who oppos-
ed or should oppose an immediate de-
mand being made by the Japanese
laborers upon, said plantations for In
crease of wages and u strike by such
japanese laborers as were refused
the demand and upon all Japanese
in the city and county who should
attempt to persuade any japanese
laborers who should be refused such
demand from leaving the employment
of the corporations and refusing to
continue or renew 1t, and by intimi-
dalton, threats of violence and insti-
eating and melting others to init
midate and threaten violence and by
melting and instigating assaults and
batteries upon all, Japanese Iaborers
upon said plantations who should
continue to work for them after be-
ing notified by the defendants and
their co-conspirators to cease and re-
fuse. working tfor them) and con-
.piring by similar means to boycott
financially and ostracize socially all
japanese who should refuse to join
in said unlawful, malicious and frau
dulent combination or to use or as
sist in using or promoting, the use
by others OF the said Indirect, sin
lister and unlawful methods and
means for carrying out the said COM
binatlon and plan and thereby. at
the time and place aforesaid. unlaw-
fully, maliciously 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