The Hawaiian star., 1910-03-05

whether expressed or implied, is inn
material. Their urging that there be
no violence or breach of the peace or
Ianything unlawful done to incur the
penalty of the law may or may not
have been sincere. When Mark An
thony said to his audience, Let me
not stir you up to mutiny and rage"
that was precisely what he meant to
do and did do. The fact is that those
who "sow the wind must reap the
whirlwind," no matter how fervently
they may have tried to avoid it. Urg-
ing or doing unlawful things is not
condoned by urging that they be done
lawfully.
There was evidence, admitted
against defendants objection of let
ters addressed to Negoro by Japanese
in different parts of the Territory ap-
plauding the course of the Jiji and
urging violent methods for accom-
plishing the higher wage object. Ths
objection made to the evid9d?s was
| that 1t did not tend to sho the de.
fendants' agreement upon the violent
courses recommended or that they
had done or intended or agreed to do
anything to suggest them. Evidence
of serious assaults by the Japanese
at Waipahu upon another Japanese
and at honolulu was objected to
also upon similar grounds. We think
that the evidence was admissible in
tending to show that the persons to
whom the publications and speeches
had been addressed or who had been
! reached by them were aroused there
by to urge the acts of violence and
unlawful courses which they suggest.
There were papers taken from the
Office of the defendant Negoro with
out process Of law and forcibly, in
cluding correspondence of the kind re-
ferred to and an outline of plan
by Negoro for play, enacted by Jap
anese actors in Honolulu, which was
regarded as depicting editor Sheba
as traitor and an Objectionable per
son who ought to be exterminated
Defendants claim that the evidence
was inadmissible because Illegally
obtained is not. sustained. Common
wealth " Acton, 165 Mass. IL; Com
monwealth v. Smith, 166 Mass. $40;
, Adams v. New York, 1872 U. S 585.
: The evidence referred to, in con
= nection with other evidence to be
mentioned, permitted the Inference
/ by the jury that the defendants com
bined and concerted together to Sc
! cure higher wages for a certain clas
: of Japanese laborers and that in OF
5 der to accomplish their common oh
= ject they mutually undertook tt
5 arouse a feeling among the laborer
4 which would induce them to strik
t and that as part of their mutual pla
e and undertaking they used the il!
S newspaper in furtherance of thei
i common object to intimidate an
: threaten Japanese laborers oppose
O to striking as we'll as Japanese VIII
t tried to dissuade laborers from qui
l. ting work, and also that in further
Il ance of and as part of their commo
j. plan the defendants combined to il
r timidate and threaten with violenc
q and to incite assaults and batterie
II upon all Japanese laborers who keI
s on working and that they conspire
" by similar means to boycott financia
v ly and ostracize socially Japanese wh
r refused to join in such indirect, sill
e lister and unlawful methods and NEAR
a. for carrying out the defendants plal
,r the object of which was to preveI
n- the said corporations from exercisin
their trade and to impoverish theI
,e unless the defendants main object
g. enforcing an advance in wages shouI
ID sooner or otherwise be accomplished
,e The jurors as reasonable men coul
IL properly have found the followin
o. facts from the evidence and draw
,y from those tec's The nfrenccs belo
r. stated:
st Q The early history is outline
I'd above of the movement to secu
,e higher wages and the formation
IT, the Higher Wage Consummation A
"a Sociation; (2) that all or the TO
iii defendants were regularly called u
en- on by men on the Oahu plantatio
he for speeches intended to stir up t
,r. laborers and always responded wi
1t- one exception at meeting at Ew
as 90 that Negoro drafted the outli
of the play which as presented W
is calculated to arouse bitter feeli
De- and to inoite violence against She
We ana Cthe opposing the campai
es for higher wages and instructed t