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r '& .? ' EVBNiNQ BULLETIN, ' HONOLULU, T. II.', TUBSDAY, AGO. n,,190SI.
For Saturday Morning
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German Torchon Lace
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Tapestry Cushion Covers
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MAKE and PACK HAWAIIAN
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Jam, Tamarinds and Papaia
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SPEAK FOR THEMSELVES.
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i enu i"y
Island Views f;0:'' Gurrey's
MORE OF LIGHTFOOTS JURY TALK
REPORT jF SPEECH
DIRECTS ATTENTION TO
GREAT PROFITS OF PLANTERS
Continuation of Address Hade by
Attorney for Defense in Con
spiracy Trial Which .Resulted
the defendants nml imsUt llicm In car-ldo so-nnd-ro." Tin- mnti snys, "Yen, I
rvln:: out said unlawful iinllclnus nml I will ilu ll'nt." And l.o goes to Cniimln
llim li.l..i,l r.,t,,l,liv,llnii ,111, 1 nlnn. mi.l "'' '' " another mail! "Vo
alt J ipnncso win) Kliould fnl' ur ivfusii)
or n'slst In using or promotliiR tin; n.i
Following Is a coiitliuintion of Attor
ney Llghtloot's address to tlio Juiy in
tlio conspiracy trial, na taken down I),
tho olllclnl stenographer. Mr. Light',
foot in tlio iiortlou published yentcr
day w.ib reading fiom "the Indictment
Mid commenting on It., Continuing,!
ho mild: J
You arc trying these defendants on '
tlio 0110 ciibc, on tlio 0110 chaigc, ul
having mutually conspired with oacii
other, and with tho ghouls, to prevent
these plantations from and tho mali
ngers, from carrying on their business.
That is all.
Now tho charge goes on to say, as it
has to, In what manner tho defendants
nro doing theso wicked things,
"such prevention so alleged aa afore
said, to Lu accomplished by the de
fendants above named, and by their
That Is, by tho gliosis aforesaid
"by certain Indirect, sinister and un
lawful means and methods to-wlth, by
Intimidating and threatening vlolcnco
against, and by Instigating and incit
ing others to Inllmldato and threaten
violence ngalnst, and Inciting and In
stigating assaults and batterlca upon
all Japanese In the city and county of
Honolulu aforcsnld, then and thero be
ing who opposed or should oppose an
Immediate demand being made by tho
Japanese laborers employed uKn said
sugar plantations, for an Increase In
wages, and who should oppose a strlko
being started "by such of said lost
named Japanese laborers as wcro re
fused such demand, .
Wo will go on from there. Wo have
seen that wo nro trying theso peoplo,
first, for mutually conspiring together,
tho object being to prevent tho Japan
ese tho plantations from carrying
ami tho managers, from oarrylng on
Now tho means. Tho means Is that
we are threatening vlolcnco wo havo
threatened vlolcnco against and
threatened assaults and batteries
against all Japanese on the Island of
Oaliu who Bhould opposo an Increase.
In wages. That Is ono of. tho means
"Or should attempt to persuade oth
er Japanese persuade- nny of said
JapnncFc laborers who should bo re
fused such demand for an Incrcnso In
wngca fiom leaving tho employment
of the managers or corporations afore
Bald, who wcro or might bo employing
(hem, and from refusing to continue or
renew such employment, and by intim
idating and threatening vlolcnco
ngalnst, nnd by Instigating and Incit
ing violence by Instigating nnd Incit
ing others lo Intimidato and threaten
violence ngalnst nnd Inciting nnd In
stigating assaults and batterlca upon
all Japanese laborers employed uKn
raid sugar plantations by said man
agers and corporations who should
continue to work for tho corporations
and managers aforesaid after being
notified ,by tho defendants and tholr
said co-consplrators to ccaso working
for nnd( lo refuse employment from
the corporations aforesaid and tho
managers thereof; and by Intimidating
nnd threatening violence against and
by Instigating nnd Inciting othors to
iniimiiiato- and threaten violence
i.galnst and Inciting and Instlgallmr
timers to assault and unitedly nnd in
rnmblnatloiuitid subject and according
hi 1110 oruers or iierendants nnd said
other persons to affiant unknown as
aforesaid to boycott flnnanclally nnd
to ostrnclso socially all Junancso who
mould rail or lofuso to Join In with
by others of the Indirect Fillister and
uulnuful methods and means nf.mv.iU
I or ennyjng out kiicIi unlawful, mall
1 ton 1 1111 1 fraudulent I'omliliritlons 1111 1
plan aforesaid; thereby, by Indirect i ,U1,
unlawful and Miilslcr iiicaii', and lu
I ho manner aforcsnld, and at tht tlmn
aforesaid and at the place nlnrcaiild,
unlawfully maliciously and fraudulent
ly to prevent the corporations afore-t-ild
and I ho managers thereof from ex
crchlng '.heir trade or Inuloo.-w mil
them to IiiiikimtIfIi
Them to Impoverish
HOLY SMOKE! THEM TO 1M-POVEIIISH!
In n plain, straightforward way. Then
Is 1111 getting behind ill Wlial the
ease of the heating whs I don't know
The evidence was that lie went them
llii'ic wns 1111 altercation, be threw i
lump nt some fellow, mid cut Mm, ami
tl ey bound him, did all Mirts of lid
dllng things. Now the com I will In
slit.it you, gentlemen of tho Jury, that
the men, ecn though you find that
latu going to kill I he President of the
fulled Slates. Your ihaiu Is In do
"Yes, I will do Hint."
lie ionics lo Honolulu nnj seen the
mail here; bo snjs: '
"Un nrn coins In kill llin I'msliletil
of the United States. You mint do so! these men bate bi-en gullly of eon
Iko. 'spumy, tbnt some men weiu guilty ol
"Yes, I will do that. I this assault nnd battery on tiliclil, yet
Tlioie men may never l-nw met to- you nil not Hud theso nitn guilty of
getliei, never m-cii each ether, and yet iniispliaey on that neeounl. Ileenusc
thero Is that mutuality of purpose, tbein vvus 1117 lime Is no proof ol
don't you soot The' nm going to do. nny unless jou find thero Is proof
mi oil thing)' and they have conspired that theie una a (ouspliaey among
tngitl.er, nnd will bo guilty of contplr-, the defendants to havo this thing
my even though they have never done. That this wns done ns n part
Kien eneb other. of the eonsplmey. In other words,
And, further, nnd ns tlio court will there may have been an assault on
Instruct you. It doesn't mako nny dlf- (lllchl, or even there mhht have been
feience whether they do anything lu n riot nt Kaliuku, certain "Oklntnma
niirRtinnrn nf Hint rnnsnlinov or nnt. men" bnve been ostracised, there nutv
"Contrary to tho foim of the nlnlulo As soon as they hnvo entered Into an havo been Inflammable articles lu the
In such case made aud provl.litl" ngrcemcut to do theso various things, Nlppu JIJI, but unless you liud thai
Them to Impoverish theso four ,hey nrr' Bly of conspiracy, whether tliesc tilings were none ns n result or
men, who probably I cjtn't say any
they did anything in pursuance of a conspiracy you cannot on that nc
that or not Now, that Is conspiracy.
, .blng about their wealth, or lark if , wmU yol Kcnt,cmcn ot Jur'r
euiiu. inn jiisi ioor ai ineiui nn. to bear thnt In mind. Mr. Kinney Is
AHE OOING TO IMPOVERISH KIVK n good lawyer. He has practiced at
PLANTATIONS. Oahu Sugar Com- this liar for a quarter of a century or
pany until the othor day paying two mor,c' nm' ho ls famlllnr with trt-ason
per cent, per month, mind you two JSStTS otht" fflrSK
vi wilt. nji iiiuiiiii, uu 41 v,i.!im lll.ll
has been, I think perhaps, four times
watered It Is a matter of common
knowledge. These iieople we nro go
ing to Impoverish, mind you.
So thnt tho gist of the whole busi
ness is that wo have conspired to
gether to Impoverish these five plan
tations by the certain means named.
Now, gentlemen of tho Jury, Ills
Honor tho Judge will toll you what
tho law is In regard to conspiracy. He
will say this to you:
That a conspiracy Is the malicious
and fraudulent combination or mutual
undertaking, or conspiring together, of
two or more, to commit any offense
or Instigate anyono thereto, or charge
anyone therewith, or to do what plain
ly ana aircetiy tends to exercise or
occasion offense, or what Is obviously
and directly wrongful and Injurious to
And then Ills Honor will go on and
an electric door bell!
ars.i t ,f , ,
m su b l 1UI JUU
vhm BiT 1 t m
nciil JY" "wuw vw.,
Beretania St.. near Fort.
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The best roof paint. Give it a
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THEO. H. DAVIES & CO., Agents.
ieekly Bulletin, $1 Year
IB. R. House and Lot, Ale wa.S 000
a a. a. House and Lot, Nuu-
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a a. a. House and Lot. Auwai-
2 B. R. House and Lot, KaDa-
3 B. R. House and Lot, St.
Louis School 1,125
etc., etc., etc.
3 B. R. House and Lot, Kapalama 12
P. E. R. Strauch
Waity Bldg. 74 S. King St.
And f submit, gentlemen of tho Jury,
that when ho deliberately cites a case
to you that he knows Is not the law
he does It with tho Intent of dragging
the herring across your track, so that
you try to forget that you aro making
a table, and mako a chair.
Now ho says to you plainly:
"(lentlemen. a conspiracy is n com
bination to do a lawful thing In an
unlawful way, or to do an unlawful
And that Is right. And then ho goes
on to say:
"And theso defendants aro charged
with doltiM a lawful thing In an un
That Is to sny, they nro seeking
they nre charged with seeking nil In
crease of wages by the uso of vio
lence." You remember that Is what ho said.
"They are charged with conspiring
together to do a lawful thing, to wit:
tho seeking of an Increase of wages
point out. with our approval and eon-1 by unlawful means, to wit: tho use of
sent, wherein tho conspiracy In this intimidation nnd violence."
case lies. Aro IhnvT Are Ihpvt Tlio rhnren
Now, gentlemen of tho Jury, don't to Is contained In the complaint that I
on what I. say is (,e lawwlth regard read to you. It Isn't contained In the
to conspiracy. I.maybe mistaken, do Imaginings of learned counsel on tho
on what Ills Honor says Is tho law. other side. We aro not trying this
wo are bound by that. His Honor case, gentlemen of the Jury, upon
may bo mistaken, but he cannot bo what may be. Wo are trying this ensa
mistaken In this case: as far as wo upon whnt It Is. And what is, as to
aro concerned it Is absolutely tho law, tho charge, Is contained In tho com-
nut, aoovo all things, don t, and I plaint that I navn read to you. And
pray you, don't eo on the law ns laid tho complaint that I havo read to von
down by Mr. Kinney. Decmisa that Is dcosn't charge theso men with con
not tho law nt all. ' spiring to secure an Increase of wages
Ho gavo you an lllustrntton nf of tho Japaneso laborers by unlawful
what ho thought,' wus tho law of 'con- means,
splrncy, and It, Is '(his: ' It does chnrgc that the defendants
Ho said certain anarchists aro to bo conspired together, and, with other
Imported Into the United States. They persona unknown, to prevent these
are Importing them hero nnd don't you plantations nnd their malingers from
forget It, Just ns far as they can! carrying on their business. That is
That hasn't anything, lias nothing, to tho charge. And It further says that
do with It, though. An anarchist so- thoy wcro going to carry out their
clety like tho ono ho referred to has conspiracy In certain ways. Those
several members, and it sends n nolo ways being to ostraebie nnd boycott
or an order to ono of tho members, and assault nnd battery, and Instigate
saying: assaults anu nutterics upon tnoso who
'You find out nt whnt time such n do not agree with them as to tho In-
man leaves his house to go to such h crcaso of wnges.
place." .. i Tmt is wnut wo aro trying. Coun-
Now tho member goes off nnd ho art said. "I don't know. 1 can't tell?
sees, or by what other means ho and I thank counsel for those words,
chooses, and ho finds out nt whnt time "I don't know. 1 can't tell."
that man Is to leave his house to go Why Mr. Kinney should romo up
to a ccitalu place, and ho rcporfB that beforo you men, who have given us
to this society. your word of honor, which we call an
you remember what Mr. Kinney oath, to try this case according to the
Id, don't you? Now, then, Mr. Kin- law and tho evidence, why ho should
ncy saya: como to you und say that theso men
"Another member of tho society ro- are being tried on ono charge, on.thnt
cclvea nnother order, which Is as fol- charge. No ono knows hotter than Mr.
,ow! Klnnov that lliev nro not bolnu tried
"'Mr. So-and-so will leave his house on nnv such clinrzc. Tho rbarcu hi
at such a time; ho will go to such n contained In the comolalnt. nnd vou
pneo. You" waylay him nnd kill aren't nt liberty, gentlemen of the
him. lurv. In RflV. "Oh. well. It nuv lie that
NOW ho Says that is all Illustration I neurit thnt rlmri-n mimnwherii. It
of a conspiracy. Theso two men, tho may bo that Mr. Kinney is right and
nrst man nnd tho Bccond mun, are tho complaint Is wrong." Uo by the
conspirators. They conspired to do complaint. I don't caro whero your
nn unlawful thing. They didn't do sympathies nro. I don't enro whether
anything of tho kind. And thoso two your cousins, your grandmothers or
men If they wero guilty of anything nt mini owns stock In tho Oaliu Sugar
all wero not guilty of consplrnrcy. Company or not. I tako you ns lion
and so tho court will tell you, gontlo- est men, nnd ns honest men you will
mon of the Jury. Tho court won't try this enso according to that com
mention Hint particular case, because 1 plaint, mid only nccoidlng to that
It Is not tho court's business to say. comnlulnt.
count tlnd these defendants guilt)
You may believe that Gllehl was as
saulted. Unless that assault was due to the
conspiracy of the defendants you can
not on Hint nccount convict them.
You mny believe thnt there was n
riot, but unless that riot was the re
sult of the conspiracy of the defend
ants you cannot on thati account con
You may believe that this was done
or that was done, or tho other was
done, yet, unless you also believe that
that, that those things were done in
pursuance of n mutual understanding
and agreement entered into by these
defendants, you cannot on that ac
count convict them.
Bear that very clearly In mind, gen-
tlemen. Counsel has tried during the
whole of his very learned argument
yesterday afternoon, nnd It wns a
masterpiece, has tried to divert your
attention from tho real facts that you
aro trying, trying to get you to nnd
these defendants guilty of some other
crime that you aren't trying.
Ills Honor will instruct you that It
is necessary for the prosecution to
provo every material allegation In tho
The Court Every material fact.
Mr. Ughtfoot Yes. overy material
fact In tho complaint. I thank your
Honor. Every material fact In the
complaint, that Is, has to be proven.
(Continued on rage 4)
ARMY AND -NAVY
Buford to Honolulu.
Tho transport iiurnsiiio lias gone
from Its station a Seattle In San
Krnnclscii to repair army cables In
San rrunclsco harbor that wcro put
out of service by a recent wreck.
The transport lluford will reach Se
attle, tills week, to get In readiness
to sail for Manila Aug. S with tho
Si! Infantry. Sho nlso will carry
out a largo load of forago for army
uses In the Philippines. She makes
tho voyage In Manila direct without
stops nt Honolulu or (liiain.
Counsel In his argument says that to
bo tho law which is not the-hi w. Hut
he will tell you Ills Honor will tell
you thnt there' ran bo no conspiracy
without what Is called a mutuality.
There must bo a mutual understand
ing between tho conspirators. And
that Is tho point In this case, and that
Is tho great point In this case. Thero
must be a mutuality. Now, says Mr.
"Tho first man who receives tho no
tlco may novor havo scon tho second
man, never spoken to him, but yot
thoy aro conspirators."
It is not so. It Is not tho law. That
Is not tho law. It is not tho law, bo
causo of tlio absence of that feature
Now let us tnko another Instance
that is the law that Mr. Kinney cit
ed. Suppose there Js a man In New
York, ono In Canada, and one In Ho
nolulu. They nro members of a so
ciety, a society of which, tho object
of which, Is to kill the President ot
tho United States. Now, then, Mr.
Jones, a go-between, .ocs to the mun
In New York, mid he says:
Wo aid going In Kill tho President
Ilcmember. gentlemen of the Jury.
that you are trying one fart, whether
or not theso defendants conspired to
gether to provopt these .nvo siignr
plantations from carrying on their
business, from interfering with their
business, and conspiring together to
Impoverish by tho certain means
which Is mentioned.
Now tho court will Instruct you gen
tlemen of tho Jury that tlio gist of tho
crlmo of conspiracy is tho unlawful
combination and agreement.
Now lot us try nnd see If wo enn get
that very clear In our minds. Tho
gist of tho crlmo of conspiracy Is tho
unlawful combination and agreement.
Take the Gllehl caso. Now It Boom
ed to me, I don't know anything about
tho (lllchl case, except ns I havo heard
It In this court. I am not tho attor
ney either for Clichl or his assailants.
It seemed to me, however, that tho
people who testified tor thu prosecu
tion were telling u straight story
about that (lllchl business. There Is
no doubt lu my mind that (lllchl hail
been "done up," and "dono up" pretty
effectually, he mny have been beaten,
bis nrm had been broken, und Iheix
seemed to her It seemed that tlio
dipt. William A. Phllllpsf, Onl.
I)cpt nnd Major T. U Ames have
submitted the Army Ordlnnanco De
partment now devices In telescopic
rlllo sights which are under consid
eration, for trial, at th,o School nf
Musketry at tho Presidio of Monte
ley If they offer advantages over the
sight now In use. fit
The record of tho care of First
Mcut. Frank W. Hall, sr.th U. 8.
Ind has been iccelved at tho War
Department for tho consideration
and action of the President. This
officer wns tried In tho Philippines
on lbs charge of drinking Intoxicat
Wireless communication wns es
tablished at the Now Jersey stale
camp at Sea dirt-by the signal corps
under the direction of Captain Par
kins, Jr., with ocean steamers by
menns' of kites with which tho re
ceiving Outfits wore suspended in
T17E invite small
Wc want the smail
property owner or
investor to sec how
much it is to his
advantage to do
business through a
trust company. Call
our office and learn
how we can serve
A consul htion will cost
Bishop Trust Co.
In the kitchen
in the bank.
ALEXANDER Y0UNO BLDQ.
Expert work at moderate tiriccs.
Berjrstrom Music Co., Ltd.
Odd Fellows' Bide
The Kinp; James standard
edition, the English revised
version of 1881, and the new
American revised version- all
in good bindings.
Complete assortment of
Hawaiian News Co.,
Alexander Young Bldg.
of tho United .Slates. I want you lo story of his iissault was told to you
The !!ureau of Insular Affairs of
the War Department hns Invited bids
to bo opened at !i o'clock Aug. 17,
for Si, 500,000 4 per cent Philippine
public Improvement bonds, In ten
and payable In thirty years froiu tho
date of Issue. They nro registered
and transferable on the books of tho
Iteglster ot the Treasury of tho
United States and exempt fiom tax
ation. Retired Officers.
Capt. aenrgo Ij. Hyroado, U. 8. A.,
retired. Is relieved from duty at
Illees Military Academy, Macon, Mo.
KJrst l.leut. Ocorge O. Mullen, II.
8. A., is lelleved from duty nt St.
MiiIIiow'h Military School, llurlln
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JuUetm Editorial Boom Phone 186,
, lViujtitoi&AiitiU 'A'Muaua; VX'iSw'Aa. it fc. .ixjjyi ( t ,
fr. r f T i'ifrt.if "fat."
w -"fcfL jkAttw 4jituiltj4Ji