The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1910-03-05

ing NegOrc on cross-eXamination vine
Their "all The gamblers, loafers, thugs
and criminals in jail and out of jail
are on your side, are they not?" ara
(C2) IL he reme.ul0,tG an article IN
the Jill giving as cI.r of the rules OF
the higher wage a. ,cciation in Hama
to refuse to subscribe to the Hawaii
S1inpo;" all of these exceptions are
oveIruled for in none Of them does
error appear, unless in SO, SS, AZ or
60 relating to cross-examination of
Sheba, but If it was error thus to res
trict REORGANIZATION it would not
justify setting aside the verdict.
Exceptions not presented or argued
in the brief are presumably abandon
ed.
Defendants exceptions were allow
ed to instructions 3, 4, 8, 6, Z, 8, 9, 1Oa,
1Od, 'Oe, II, IL, 10, IA, Is, IS, 10, ~,
21a, and lib, but in their brief ms
tructions 6, 8, 10a, 10d, and 13 only
are referred to, their objections being
in substance that and 8 were not
predicated upon evidence; that 1Oa
treated proof of acts done before an
agreement was shown to do them;
that 10d made each defendant res
ponsible for the language and acts OF
the others and that 10 made acting to.
gether equivalent to conspiracy.
The following are the instructions;
&c. In order to find that the de-
PENDANTS conspired to prevent the cor
porations named or any of them from
exercising their trade and to impov'
erish them it is not necessary that
you should find that they contemplate
ed a complete cessation of the work
of the corporations or their complete
impoverishment. 1t is sufficient if
the defendants conspired, by any OF
the unlawful means alleged, to pre-
vent any of the corporations named
from carrying on its business to the
extent to which it otherwise would
have done and to impair its income to
that extent"
80. One person has no right to
threaten another with violence even
in a yelled or guarded manner; all
language, however yelled or guarded,
which is reasonably calculated to In
spire in a person of reasonable firm
ness and courage a fear that personal
violence is going to be used by the
person making use of such language
is unlawful, and any conspiracy to
accomplish a purpose by intimidating
another by such language is contrary
to law"
"10a. If you find from the evidence
that the publication of intimidating and
threatening articles in the Nippu Jill
constituted one of the unlawful means
by which the alleged conspiracy was
to be carried out, the fact that one
OF more of the defendants NAV moi
nave been directly responsible 60,
sucn publications would be No do
tense provided you further find +bot
Such defendants We're PARTIES 70 +ho
conspiracy with those who r,o,o, 49,
r ~ lor the publications; as when
'"e conspiracy is one established The
'''S OF any one conspirator in fur+bor
ance OF the common design become
the acts of ALL"
"lOd' The complaint cbarees +bot
'ne defendants, in combining to ac
oomplish their purpose, made use o.
certain unlawful means among other,
that OF "intimidating and tbreatenin,
violence against and instigating 9th
ers to intimidate and threaten vic
fence against, all Japanese VIII,
Should attempt, to persuade the labor
ers TO continue to work and agains
all Japanese laborers who should con
tlnue to work Notwithstanding tb,
strike.
instruct you in this connection
that when a person or persons ute
or publish threatening words concern
ig another which, in their ordinar
and common Specification woulC
amount to a threat of violence, O
would instigate and incite others t
intimidate and threaten violence 6
gainst any person or persons, it mus
be presumed that the language so III
tered or published was used in its OF
binary sense and so understood b
those hearing or reading the same
and defendant, when prosecuted 10
threatening violence, or stigating an
melting others to threaten violenc
against any person or persons, car
not excuse his guilty conduct by a
explanation in his testimony that h
did not use the words to convey tn
meaning thereby indicated, provide
the jury believe from the evidence
beyond a reasonable doubt that sue
defendant uttered or published Ial
guage of this character.
, Il instruct you, further, that on
| who employs certain language, spoil
en- or published which he knows WI
J be understood by the nearer or reade