The Hawaiian star., 1910-03-05

ed shall enjoy the right to be inform.
ed of the nature and cause of the ac-
cusation;" or the fifth amendment
that mo person shall be compelled in
any criminal case 70 be a witness
against himself" or the fourSn
amendment requiring "the right of
the people to be secure in their per
sons, houses, papers and effects
against unreasonable searches and
seizures;" or under the third article
of the treaty with Japan that "The
dwellings, manufactures, warehouses,
and shops of the citizens or subjects
| of each of the high contracting parties
in the territories of the other, and all
premises appertaining thereto dostin-
ed for the purposes Of residence or
commerce shall be respected. 1t
shall not be allowable to proceed to
make search of, or domiciliary
visit to, such dwellings and premises,
or to examine or inspect books, pa
I
conditions and with the forms pres
cribed by the laws, ordinances and
regulations for citizens or subjects OF
the country" or under the fourteenth
amendment that mo state shall de-
prive any person of life, liberty or
property without due process of law,
nor deny to any person within its
jurisdiction the equal protection of
the laws" and because evidence was
improperly received and excluded for
error in certain instructions, and be-
cause the verdict was contrary to
law, evidence and weight of evidence.
The defendants excepted to the over
ruling of their motion in arrest and
the court sentenced each defendant
to Imprisonment without hard labor
in Honolulu Jail for ten months and a
fine of $500 and one fourth of the
costs. The defendants then filed a
motion for a new trial and excepted
to its denial.
The exception to allowing private
counsel to assist in the prosecution is
overruled (Territory v. Chong Chak
Lai, 10 Haw. 437; Territory v Ro-
bello, ante p. ~ together with the
exceptions to refusing a continuance
of two days to plead and denying the
motion to discharge the defendants
on the ground that the facts stated by
the prosecution in it's opening re-
marks to the jury would not constl-
tute the offense charged.
Before referring to the exceptions
to rulings upon evidence and instruc.
tions we will consider whether the
, evidence which went to the jury
showed that the defendants had con
, certed together to secure higher
= wages for Japanese laborers by any
4 of the unlawful methods charged il
the complaint, for if there was suct
evidence the exception to the verdic
O and refusal of new trial could no
:. be sustained unless there was pre-
a judicial error in the ruling during tn,
o trial, in the absence of which the
!. verdict would stand subject only t
l. the motion in arrest of Judgment
r. 1t is unnecessary to cite the numerous
n decisions that in determining whe
+ ther verdict is sustained by the evi
l. dence this court does not consider tn,
It sufficiency or credibility of the evi
l. dence but merely it's legal effect upol
It the question in issue, which in thi
IS case, is whether the defendants ha,
4 agreed upon the use by any of then
d of any of the unlawful methods 70
e accomplishing their avowed object.
e A criminal conspiracy, as define
N by statute (Sec. 3O91 R. L., is "a ms
1t licious or fraudulent combination O
il mutual undertaking or concerting t.
le gether of two or more" Q) ito con
Sc NIT any offense or" C2) "instigate an
at one thereto" or (3) charge any on
" Herewith: or" (4) "to do what plail
y, ly and directly tends to excite or o.
Id casion offense or" (5) what is oI
4. viously and directly wrongfully il
Ell furious to another" Among the il
~ stances given in the statute is "a col
OF federacy to commit murder, robber
ry theft, burglary or any other offens
II provided for in the criminal code" il
~ Guiding, among other examples, 81
prevent another, by indirect and si
u' lister means, from exercising his tra(
Us and to impoverish him"
on The charge against the defendan
en- is sustainable by evidence that the
Sc combined or mutuany undertook
OF concerted together to do any one
more of the things charged as IL
ne subject of their mutuai undertaken
OF each Of MI l.,