The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1910-03-08


said indirect, sinister and unlawful
methods and means for carrying out
the said combination and plan and
thereby, at the time and place afore-
said, unlawfully, maliciously and fraud
ulently to prevent the said corporations
from exercising their trade or Nlsiness
and them to impoverish contrary to the
form of the statute in such case made
and provided.
June IA, 1909, the defendants were
taken before the first judge of the first
circuit court sitting as a committing
magistrate, and, demanding a jury
trial, were arraigned upon the charge.
of conspiracy. At the defendants re-
quest. the cause was continued until
the following day in order to arrange
for bonds, etc. On June 10 the defend
ants asked that ''the matter of plea
be continued until Monday. June 81,
and, the request being denied, objected
to the proceeding on the ground that
they had not been indicted, which OBJ
lection was overruled. The defendants
then entered plea of not guilty and
moved for continuance until the 1910
term, which was denied. The bill of
exceptions sets forth that on June 10
the defendants moved that the cause
be continued for plea until June 21,
1909, and excepted to the denial of
their motion.
Twenty-one Day Trial.
After trial occupying twenty-one
days the jury rendered a verdict OF
equity of conspiracy in the third de-
gree as charged to which the defend
ants excepted as contrary to law, evil
dence and weight of evidence, giving
notice of motion for new trial. They
then moved in arrest on the grounds
that the court was without jurisdiction
under the fifth amendment that "no
, person shall be held to answer for a
capital or otherwise infamous crime
unless on a presentment or indictment
of grand jury;'' or the sixth amend
ment providing for trial by an impair
tial jury, and the third article of the
constitution that "the trial of all
crimes, except in cases of impeachment,
shall be by jury;'' or under Sec. s3 of
the Organic Act that emo person shall
be convicted in any criminal case ex-
cept by unanimous verdict of the
juiy;" or under the sixth amendment
that Gin all criminal proceedings the
accused shall enjoy the right to be in
formed of the nature and cause of the
accusation" or the fifth amendment
that emo person shall be compelled in
, any criminal case to be a witness
against HIMSELF" or the fourth amend
ment requiring "the right of the peo-
pie to be secure in their persons,
houses, papers and effects against un-
reasonable searches and seizures;"
or under the third article of the treaty
with Japan that "The dwellings, man
ufactories, warehouses, and shops of
the citizens or subjects of each of the
High Contracting Parties in the ter
ritories of the other, and all premises
appertaining thereto destined for the
purposes of residence or commerce,
shall be respected. 1t shall not be al.
lowable to proceed to make a search
of, or a domiciliary visit to, such dwell.
ings and premises, or to examine or in
spect books, papers, or accounts. except
under the conditions and with the
forms prescribed by the laws, ordi-
nances and regulations for citizens or
subjects of the country" or under
the fourteenth amendment that "no
State shall deprive any person of life,
liberty or property without due pro.
cess Of law, nor deny to any person
within its jurisdiction the equal pro.
lection Of the laws;" and because evi.
dence was improperly received and ex-
cluded; for error In certain instruc.
ions, and because the verdict was con.
trary TO law, evidence and weight OF
evidence, The defendants excepted 10
the overriding Of their motion in ar.
rest and the court sentenced each de-
PENDANT TO imprisonment without hard
labor In Honolulu jail for ten month";
aud fine ~ $500 and one fourth Of
tho costs, The defendants then filed a
motion for new trial and excepted
/ 20 lts dental,
hippn Jiji's Attitude.
Following this statement 0f fseis
appears ~ analysis u the editorials
appearing in tho hippp Jiii, The sun
hnd substance thereof helnR that tho
court considered tho NTlilnRu which
embodied attacks upon the plantation
pieIesir And lpailed The strikers 10
acts ~ ylelenee, shlsh they eaThpd oGi
eeeoldlnFlf, iieloys eha > paH " tho
fepfplIery alleged
flf feuu iphes faHHlsaanf ~ ihe
lstl ihsl fdiiaI hhsha ~ ihe liaNall
fllhpQ arfllnsd ~ afefpl sny VI he
fsipf fsniFlhatlspf - ispsnfff lpalT