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wm nt ens n JVC 4 f EVENING nCM.ETlN. HONOLULU, T. II., SATURDAY, MAH. S, 1910. - r- v r Tmm ' - S T --. fc-, t i. SUPREME gOURT TrnniTony of hawaii v. y. socja, Y. tasaka, m. NKoono. P.TK. MAKINO. Exceptions rrom Circuit Court, First Circuit, Argued February 4. B. 1910- Decided March B, 1910. Hnrtwell, C. J., Pony, J., and Circuit Judgo Whitney In placo of Do Uolt, J. Criminal law conspiracy ovldonco order of proof. ' Tho statute makes a combination or mutual undcrtaklnR or concert ing together to iuelto acts1 of vlo j lence and to threaten and Intlmldato , laborers who should nt strlko for higher wages or who should return to work punlshablo an tho offense of conspiracy. A mutual undertaking to' nrousa discontent of a certain class of Jap anese laborers by speeches and newspaper articles ending to Inclto net v of violence In order to Induco them to Btrlko Is thown by, or may l)'j Inferred from, the ovldence In t this case. A mutual undertaking may be In ferred from tho conduct of tho de rcndnntB, tholr mutual relations tonvlthaut Jurisdiction under tho flti..i I each other with reference to n com- mun object and by circumstantial Idenco. Tho on'er of presenting yc0 infamous crlmo unless on n pre, 1 roots Is Immaterial. scntment or Indictment of a grand Tho Intention of newspaper nrt-jury;" or the sixth nmendmenbipro Iclcs to inclto to criminal nets of .vldlng for trlnl by nn Impartial Jury, vlolenco by threats nnd Intimidation 'n nit iho tiiir.t nnioio nr ihn ..nneii. may bo Inferred from their naturo nnd tho fact that such nets followed i. ..:. . . :. . . . their publication tends to showlhat tho languago tnoj In them wns sus ceptible of such meaning In tho minds of thoso whom thriy wcro In tended to reach. Incriminating evidence of papers obtained from tho' possession of (ho defobdants forcibly and without pro cess of law Is admlscfblo. ' Id. practice Instructions. Tho attorney general may allow privato counsel to assist prosecu tion. It Is not error to rcfti',0 a continu ance, of two days In which to plead. Id. constitutional waiver J by statu tory authority of tho full legil number of twelvo Jurors nnJ wnseptlng to withdrawal of ono Juror. Sueh waiver is not in conflict with 'Art. 3 of the Constitution, tho fifth and sixth amendments or Art. 83, Organic Act t s Opinion of tho Court by Hartwel', The defendants woro arrested up on tho sworn complaint of the high nhcrla that on January 13, 1909, In the City and County of Hono lulu, they unlawfully, maliciously" nnd fraudulently combined and mu tually undortook nnd concerted to gether and with other persons whose names were to tho nfilnnt unknown "to do, what plainly and directly tended to Inclto and occasion offense, nnd to do what was -obviously and llrectly Injurious to another" by conspiring to prevent certain corpor ations owning sugar plantations In the County of Honolulu from carry ing on their business and operating their plantations by Intimidating and threatening vtoloiice against, and In stigating others to Intimidate and threaten violence against, and Incit ing and Jnstlgatlng assaults and bat teries upon, .nil Japanese In tho tivy and County of Honolulu who oppos ed or should oppose nil Immediate do maud being mndo by tho. Japanese laborers upon, said plantations for In crease pf wages and u strike ly such Japanese laborers as were refused tho demand and upon all Japanese In tho city and county who should attempt) to porsuado any Japaneso laborers who should be refused such demand from leaving tho employment fit tho corporations nnd refusing to continue or renew It, and by Intimi dation, threats of violence and Insti gating1 and Inciting others to Intl mldato and threaten violence, and by , Inciting and Instigating assaults and ' l'atteres upon, nil., Japaneso Jnborers upon said plantations who should contlnuo to work for them after be ing notified by tho defendants nnd their ca-consplrators to ceaso and rq fuso. working (for thorn)' nnd con spiring by similar means to boycott 'financially nnd 'ostr'aclzy socially all Japanese who' slioutd refuse to Join in said unlawful, malicious and frau dulent combination or to uso or ns slsf In using or promoting, tho uee by others of tho said Indirect, sin ister and unlawful methods and means for carrying out MQ Bal(1 com" blnatlon mid plan and theroby, at the time and, placa aforesaid, unlaw fully, maliciously and fraudulently to prevent, the. said corporations from exercising tholr Irado or business and thorn to Impoverish contrary to tho form of tho stntutci in such caso nudo nnd provided. s June 14, 1909, tho defendants wero taken before the first Judge, of tho first circuit .court Blttng aa a committing magistrate, nnd, demand ing n Jury tilnl, wero arraigned pl q'u the charge, of conspiracy. At the defendants' rcquost tho causo was continued until the following day in order )o nrrango for bonds, etc., uii June 19 tho defendants nsked that "the matter of pica he continued un til Monday, Juno 21, nnd, tho re- iiuest being denied, objected to the proceeding on tho ground that thoy hart nbt been Indicted, which objec- whal plnlnly and directly" tends to trade," and "raising cane by contract . vio'enco or nny unlawful nets or U6n was overruled. The defendants ( excite or occasion. offense, ol" (u) lis a very good opening for the Jap which n.o of a nitturo tending to In thep entered n plea of ndt guilty and, "what Is obviously nnJ directly oneso laborers;1' and that It wages tlmldate those who oppose striking uuva ior ,u conunuanco uniu, ina wrongiuijy injurious lu anomer. vol common mooters wcru increiJiM or wish lo iciu.ii in worn, ami wicy 1910 term, which was denied. The Among the. Instances gvon In tho to, say, 120, It would b'e moru pro- Itulst tha their coiistnnt prolcjt bill of exceptions sots forth that on statute Is "a confederacy to commit fltnble than raising cane by contrnct jngnli.ct any un awful nets Is con June 19 tho defendants moved .oat murder, robbery, theft, burgMfy or nnd Japanese, In place of being cano rluclve evidence that they did not tho 'causo bo continued for plfti un- nny other offense provided for In the contractors, would become a depen- npprcve them or agree upon using til June 21, 1909, and excepted to criminal code," Including, .among dent class of Idborers; therefore he qr limiting unlawful nets, tho denial of their motion. Trio other examples, "to pfovent another, opposed tho higher wage movement. Thin contention. howeer, cannot cause was set down for trial for June by Indirect and sinister means, fiom "1 did notronvlpco him," snB No- bo unstained. Undir nil Iho eiicuui 21, at which day City nnd County exercising his trade, and to Impov-goro, as ho and also Sheba were "np- stances whHi could hao been found Attorney Cathcart appeared for tho Territory, Messrs. Kinney, llallou, 1 Prossor and Anderson insisting tho prosecution. The defendants object- cd to counsel being employed for the prosccutlon nnd excepted to tho over- ruling of their objection. On July ia a, jury was impaneieu 10 iry me cnuso. After tho complaint was read to tho Jury by coiinsel for tho prose-1 cutlon and a statement made of what ' tho prosecution oxpected to prove tho defendants moed thai the be discharged on the ground that the facts Btated, If provon. would not constitute the offense chnrged nnd;ws which may expose the confed- oxcepted to the denial of tho motion. Aftor a trial occupying twenty ono da s tho Jury .tendered n verdict of."KUllty of consnlrncv In the third degree as charged,' to whlclMhp dc.jS'anii.u evidence irom wnicn mo ' I fendants executed ns contrary to.'nutunl undertaking or combination law, evidence and weight of ovldence, bIvIiie notice of motion for new trial. They then moved In arrest on the grounds that tho court was . vt till: hiuuuuv HIHt VUU Willi Sfc nmcndment that "no person shall ov-'ii.i .. ,- . ,.., i - ". - . ...- tutlon that "thd-trlal of all crimes. except In cases of Impeachment, Bhall be by Jury;" or'undcr Sec. 83 of tho Orginlc Act that "no person s.iall he convicted m nny criminal cobo ex cert by unanimous verdict of tho Jury;;', or '-under the sixth amend ment that "In all criminal proceed ings the accused shall enjoy tho right to bo Informed of the naturo and caue of the accusation;" or tho l.fth amendment that "no person shall bo compelled. In any criminal caso to h a wltuossngalnst' him self;" or the fdurth amendment re- ffulring "the rlgth of tho' people to bo eecuro In 'their persons', houses, papers and effects against unreason- ublo searches and seizures;" or un der tho third article of tho treaty with Japan that "The dwellings, manufactories warehouses, and shops cf tho citizens or subjects of each of tho, High Contracting Parties In mo territories or me omcr, anu an premise appertaining theroto des tined for the. i purposes of residence! or commerce, shall be respected..! ICJ snail noi uu nuowauio lo proceea 10 make a search or. or a domiciliary visit to, such dwellings and prem ises, or to examine or Inspect books, papers, or accounts, except Under the conditions and1 with the forms pres cribed bj the lawB, ordinances1 and regulations for citizens or subjects of tho country;" or under the four teenth amendment that "no Btatc shall deprive any person of life, lib erty or property without due pro cess of l.iw, nor dony to nny person within Its Jurisdiction tho equal pro tection of t'o laws;"' and because evldcnco was Jniprppcrly received am excluded; for error In certain Instructions, and becauso the verdict was coutrary to law, evldenco nnd weight of evidence. Tho defendants excepted to, tho ovorrullng of their motion In arrest and tho court ieu tented each defendant to Imprison ment without hard labor' In, Hono lulu Jail for ten months and a flno of '$300 and oncfourth of tho costs. Tho defoudunts (hon filod it motion fur a new trial tind excepted to Its denial. The exception to allowing private counsel lo nail at, In the prosecution Is overruled (Territory v. Choug Chak l.a!, 13 Haw. 437; Territory v, "'IiObo.lo, nnto p. 7, togothor with tho exceptions tu refusing a continu ance of two dqys to plead and deny ing tho motion to discharge tho de fendants oil tho giound that the facts stated by tho pio.ccutlon In Its open ing remarks to tho Jury would not constltuta the offense charged. IScfore reforrirg to the exceptions to rulings upon ovldonco and Instruu- tlons we will consider whether the evidence which wont tu tho Jury chowej that the defendants had con ceited together to se:ura higher wages for Japanese laborers by nny of the unlawful methods charged- in the complaint, fur It there wns such evldcnco tho exception to the' verdict and refusal of new trial could not bo sustained unless there was pre judicial error In the rulings .during the tilnl, ill tho absence of which the. verdict would stand subject only to the motlpu-ln arrest of Judgment. It Is unnecessary to clto tho numer ous decisions that In determining whetlior u vordlct Is sustained by tho ovldonco this court does not consld- or tho sufficiency or credibility of the ..l.t.... A.. I...i n..1.. Its lnf.nl l.lf.nl I.V1UU.IIU UUI H.mU.y 1VO ll-fcUl .l-MCl. upon the question In, issue, which In this caso. Is whoher the defen dants had agreed Upon the use by any of them of any of tho unlawful methods for accomplishing tholr avowed object. A criminal conspiracy, ns defined hyjitatute (Sec. 3091 It. I..), Is "a mallclous or fraudulent combination ur mutual undertaking or concerting together of two or moro" (1) "to commit any oltonen nr" (2) "Insti gate nny ono thereto, or (3) "chargo' nny ono therewith; or" (1) "to do erlsh him." Tho chnrgo against -tho defendants Is sustainable by evidence that thcyjof tho first article tho "Nlppu JIJI articles or did not wish to Identify combined or mutually undertook or cuntlnuod to publish articles ndvo- themselves with their publication to concerted together to'do any one or cntlTig higher wages" (p. B01), nnd say to, and tho Inference, could pro- moro of tho things charged as tho a controversy on tho subject waajpcrlybo made that ullhough all of subject of their mutual undertaking, I "bitterly waged" between tho Slilti-1 tlicm miy not bo crlm.nally llab'.u for eacn oi wnicn is uniawiui, anu as u Includes tin undertaking to do "a wrong or Injury to any person or, persons or to tho public " (Sec. 2703 It. 1..) malice could bo Interr cd from the nature 'of tho contem plated wrong. Combining or mutu ally undertaking to do things In crates to the penalties of law Is not usually done In the presence of wit nesecs or shown except by tho con duct of the parties and by clrcum . . . . 7". . ..... or concerting together Is Inferred, proposed at, the mooting1' to bring ltoscoe's Crlm. Kv., 6 1M., 383, 38B.'nbout n union of the four Japincso Thli Is so generally acknowledged newspapers published In Honolulu, to bo tho law upon tho subject that fc ' ---- - f . . . -- w 'l needless tu cite dcclsloua to that ,0.encct. The following facta nppcar or could be Inferred from tho evidence, r.Ll;iel! Tho defendant .Negoro, nf- ter returning In Mny, 1908, from studies nt tho Unlversltyof Callfor- nla and ocCup)lng himself In writ- Ing for the press, prepared In Sep' tcmbor of that jear n plan for get ting higher wnges for those Japan- eco plantation laborers who worked by the month for Japanese who had pianung coniracis. anuoa. cauor oi ivec:i .icui nnu Ainxino, who came the JnpaneBe newspaper, the Hawaii , ,, on , Krouni. ,h!lt thc latltr Shlnpo of Honolulu, declined to pub- w ntt a newspaper man (p. CM). Ilsh the article on the ground thatniklno prcslded and proposed a mass It was an Inoppottuno tlmo to stir l,pp,inn. .p T.in.ineso fn. ic.. a up agitation on tho subject among tho laborers and that It would 1)3 bette'r to make nn effort lo Indue the planters' themselves to advance the wages of (his class of tabor after certain question affecting Cuban su gar and Japanese immigration wero disposed of. 'cKoro believed, how ever, tha the tlmo lind come to arouse Jnpancse on tho subject and that Jt.'was not fnlr that thc con jlractors only were doing well or tnnt those who worked for them could obtain good wages for efficiency, )ut that all should receive a higher monthly wage, requiring of course kluo wa5 ci,alrmnn of tho meeting; a higher wago for contractors a8lNecoro Bccrctarv. nnd all of tho do- wcll. The object of Negoro appears to havo been to arouse discontent among laborers employed by con tractors and then persuade thorn to demand nnd Insist upon an Increase of wages. Iletng unablo to Induce! Sheba to publish his aryclo ho got It published In tho Nlppu JIJI, a Ho nolulu nowspaper edited by the de fendant Soga, tho defendants Tasaka nnd Negoro, according to oncf'wltness for tho prosecution, although denied by them, being then or later on as sistant editors. The article, entitled "How about' the Higher Wages," publlsbcl U JUflJ Nlppu JIJI of July 31, 1908, begins, "Wo regret that tho wagss; In H.i-j wall are dtsproportlonnlly low . In comparison with Uio largo profits," nnd presents nn argument why th Japane30 government should lntor- pbso, "for tho Japaneso Government la woll aware that Its subjects are not born to be s'nves of tho cnplta' lsts of Hawal," saying; "Cano con tractors (Japaneso) lire making pro fits and largo number of tticnuaro returning to Japan, thus diminishing tbo number of laborers ' The pro hibition of Immigration lo Hi v. all," ijuj.1 the article, '"Is nu act- sllcii'.'y decnnJlng higher wages and we en Oorso It;" adding: 'Tho Japanese laborois who nro placed In tho posi tion of slave by reason of tho pro hibition of Immigration to America do not havo courage to nsk' for high er wages;" then going on to urgo that he "Japanese Government, tak ing great courage tltsclf, should re quest tho American Government to dissolve the prohibition of emigra tion of Hawaiian Japaneso to tlio Mainland. Tbo tlmo is rise. Though tho Hawaiian Immigrants do not say )t In so many, words, It a their hopo of ycara and their silent prayer thn' they recoyer tho lost liberty tor chooslns and changing' their place of abode, and become a full fledgi man and to be lu a position to ca "i n Just rowlrd foe their labor." Hut there Is ovldence .that Not goro'n plai soon" assumed n soro.'- what different form. He teatWoa1' (p, C8B Tr.), that at tho tlmo that Sheba declined tils artlc!6 ho him self "was not very earnest;" but n few weeks aftor, while in tho ofilco cf tho Dal)y Chronicle (n !jnpanesu newspaper In Honolulu), the hlguer I wage question vvus discussed, "and ...,.., f ...nn .nn ..Innnn 1 ...III I IMIIIh I WUS UIU IfltlllUDCI, i puiu the wages Is too low, mid we should Have higher wages for tho Japaneso laborers,", but Tburiishlma ''planted h'lnselt upon tho contract nstcm" and refused to "go Into the move- 'nientjor urge th? movement," tay- ng that tho Japaneso vvoro "very much nowaday going Intondepen- daut Industries," many of them raising cane on contract and begin lling to permanently reside In Ha- wall; that this wns "a very goon tendency n order to encourage tho ptoplo to got Into Independent posed In principle to tho high wage movement.' After tho publication po ana jiji. auouc rsovcinucr i me JIJI Issued an extra calling for n conference nt tho Asahl Theater which "was tho very first meeting of nny organized effort on the part of Jap anese" and "tho first thing that ma terialized or teak shapo of a move ni ent" (p. C93). Negoro thought Tasalca wroto tho notice but was not sure. "Somo oilo of us wroto It" (p. B9S): thcro were thirteen or four teen present at the meeting; no lab orers; small merchants nnd hutel keepers, nnd (he defendants Soga, .Tasaka nnd Negoro (p. 596). It was being tho Shlnpo, Jiu, JIJI and Chro ---, -,. nlclo (p. 002). One of tho objects ior uie ineotlnK was lo "spread mo higher wage sentiment among Jnp uncto In these Islands by and through the efforts and nsMHanco of the 'newspapers" (p. COC. The next meeting (p. GO?) v. ni at bill's liouso about November 3, called In pursu tmco of n resolution nt tho theatro meeting to get tho newspaper men together, nnd who wcro prctent nt Ishl's house n3 wotl aJ all of tho de fendants. An nltr'citlon arose bc- lWCo!( i,,-' . g(,conj meeting was held at Ishl's houso at which all the defendants were present (p. C21) with the representatives of tile news papers nnd of the merchants' asso ciation. Nothing further was done for about two weeks ''except that the dally, the Nlppu JIJl'f was continu ing to write articles on higher wag es,." when, r.bout tho midlife of De cember, a meeting wns culled at -tho Japanese Y. M. C. A. building In Ho nolulu "with tho purpose of coming to n .definite plan for pushing this question further" (p. C27). Ma- fendants were present. (Uv., of liar bottle p. 15.) It was state J at this meeting that Its purposo was "to consider tho ways and method for securing higher wages for Japaneso laborers on plantations" (lb.); that tho name for thc organization form ed that night, piopoed by N'esoro, was "So Kin' Klshl Kal," meaning "Higher Wage Consummation Asso ciation." After tho namo had been approved onicers wero elected (p. 80), Maklno' chairman; Negoro sec retary, and "Yumashlro, It I remem ber rightly, treasure.-." In MaMno'B speech he dec'nrcd that they should get nt thing.! In "the spirit of old Japan," ''yanmdo tomasl" (p, 14), meaning "tho spirit that drives ov erjboiy nway, no nutter who tho contestant;! may bo. Whenover tho Japaneso go Into a certain thing with n doteriplned purposo of .arriv ing accomplishing a certain thlnr, they uso that spirit, that yamado" (p. 27). Negoro sajs that when tno fctrlko was got up, "Wp went there. Tho InboicrB forntud hUber wagi ns- suthitloiiB but hnd no official connei- tion with us," although "wo agreed to assist It through." (p. 630.' Al though, :i3 li claimed, tho hlghor wago aa'oclatlons throughout tho group hnd no official relations with each other tholr formation was In a way ("caused' by tho Honolulu asso ciation." (p C33). At tho meeting nt tho Y. M. C. A. building the ofil cers, Mnktno, Negoro and Yamathlro, vvere authorized to appoint a com mittee of twenty other members of tho association, Negoro stating tint tho "way or method or BjHtom of sh curlng higher wages was to be left entirely to tho discretion" of tho cnmmlttco (p. 7); Tnsska eajlng, "Wo must do our best and In ordor lo accomplish that purposo wo must Btlck togother" (p. 12), and Maklno nnd Negoro ' urging that hlghor wages be secured "rcgardles3 of con tequonces." (p. 15). , Wo havo rcforred In detail to tho iVellnilnary Btops taken by the de fendants 'for tecurlng tholr nvowed object for 'tho ovldonco permit tho finding that thpy combined and mu tually undertook nnd loucorjcd to gether to stir up Japanese Inborcrs Lby appeals to their patriotism nnd otherwise, as wJIJ bo shown Jioroi uiier, urni iu uciimuu mi uuvuucu i.t wages and then to enforcq the do utand by tho various menns nnd me thods enumerated In the complaint which wcio urged In the articles published In tho JIJI which was tho only uowspapor which Joined their plan and bcc.amo tho avowed nnil generally recognized orgsn of the defendants in their "rlglitoous cam 'palgn for higher wages," nj No goro tcinis It, (p. 043). The contention of the defendants Is that they are not lesponslblo for, because thoy nro not shown tu havo agreed upon, any of tho JIJI arti cles which countenanco or Inclto by the Jury It was the duty of tho defendants who deprecated the JIJI (ho wiltln nnd publishing of tho articles they ndopted and itfod them ns part of their "campaign;" and that they did this by mutual agree ment, whether cxpresred or Implied, Is Immaterial. Their urging that thcro be no vlolenco or breach of tho peace ci un thing unlawful uono to Incur the ponnlty of the law may or may not been sincere. When Mnilc Anthony tald to his nirllence, "Let mo nut Btlr jou up to mutiny and rage," that was precisely what ho meant lo dn and did do, Tlio fact is that U1030 who "bow the wind must reap tho whirlwind," no mat ter how fervently thoy may hav fl it led to avoid It. Urging or doing unlawful things Is not condoned by urging that they ho dona lawfully. There was evidence, admitted ngnlnst defendants' objection, of let ters addressed lo Negoro by Japan tse In different parts of the Terri tory cpp'nudlng 'the course of tho JIJI and urging violent methods for nccompllshltir tho higher wage ob ject. Thc objection mndo to the evi dence wna that It did not tend to shoiv the defendants' agreement up on the violent courst'3 recommend ed or that they had gone or Intended or agreed to do anything to suggest them. H. Idenco of Gerlous assaults by tho Japincio at Walpahu upon another Japanese and at Honoullull was objected to nlso upon similar grounds. Wo think that tho evl denco was admlssablc In tending to show that the pernnis to whom tho publications nnd Bpcochcs had been addressed or who had been reached by them 'wcro aroused thereby to urge tho acts of vlolonce nnd un lawful courses which they puggost. Thoro wcro papers tuken from mo offlco of the defendant Negoro with out process of law and forcibly, In cluding correspondence of tho kind referred to nnd an outline of a p.nn by Negoro for a piny, enacted by Japaneso actors In Honolulu, which was rcgnrdod ns depleting eultor Sheba ns a traitor and 1111 objec tionable person who ought to be ex terminated. Defendants' claim that the evidence was Inadmlsslblo be cause Illegally obtained Is not sus tained. Commonwealth v. Acton, 105 Mass. 41; Commonwealth v. Smith, 166 Macs. 370; Adams v. New York, 192 U. S. 585. The evidence referred to, In con nection with other ovldence to be mentioned, permitted tho Infcrenio by tho Jury that tho defendants combined and concerted together to secure higher wages for n certain class of Japanese labororH and that In ordor to accomplish their common object thoy mutually undertook to nrotpo a feeling among tho labor em which wou'd Induco them to strlko and that as part of their mu tual plan nr.d undertaking thoy used ho JIJI newspaper In farthornuco of their common ohjo:t to Intlmldato mid threaten Japanese laborers op posed to all Iking cm woll ns Jnpan eto who tiled to dlcsundo laborors from quitting work, nnd also that In furtherance of mid ns part of their common plan tho defendants combined to intlmldato and threaten with Wu'nnco and to Inclto assaults and batteries upon all Japanese la bel era who kept on working nnd that thoy conspired by similar menna to boyrott financially and ostraclza (oelally Japaneso who refused to Jcln In such Indirect, sinister and tin awful riiethods mid means tor rarfyliiR nut tho defendants' plan, tho oLJect of which wiir to prevent tho said corporations from exercis ing their trade and to Impoverish them, unless tho defendants' niulu object of enforcing uu advanco In wages should sooner or otherwlso ho accomplished. Tho Jurors ns reasonable men could properly havo found tho fol lowing facts from tho ov Idenco and drawn from thoao frets tho lnfor- ences below stated; (1) Tlio early history Is outlin ed abovo ot the movement to secure higher vagos and tho formation of the Higher Wage Consummation As- f-oclatlon; (2) that ull ot tho four defendants woro rcgulnrly called up' on by men on the Oaliu plantations for Hpccches Intended to stir up tho InLorers, and always responded, with ono exception nt a meeting at Kwn!' (3) that Negoro drnttcd tho outline, of tho play, which its presented was calculated to nrnuso hitter fcollng mid to Initio vlolenco against Sheba and othetH opposing thn campaign for higher wages, mid lusttuctcd the, actors nt rehearsal; (4) that all nf tho defendants woro present at the iioductlou of tho pln hud none pro estcd against Its suggestions of I0-1 onco; (5) that Soga and Tasaka woro admitted!) editors of tint JIJI? that Negoro was also an odllor mid that Mnklno know nf substantially nil of th publications lu tho JIJI and approved ot them; (6) that nil of tho defendants woro pinmptly no- tilled of the' Inflammatory letters re- colved by tbo JIJI and jet mado no attempt to Inform their writers that they were misunderstanding tho pur- port of the advlco published In the JrJI; (7) that all of the defendants made speeches nt Knhuku, and romo of tliotn at other places, encouraging otpulslon nf tho Kvtophnnts from the plantation; (8) that the word "bokumetsti," which Is capable nf meaning "exterminate," w.as used In somo of thc rpceches to the laborers mndo by or In Iho hearing of thc other defendants; (9) that all of tho do- fendants Knew at the tlmo that Sheba feared for his life nnd had n body gtiatd, nnd jet mndo no protest against the publications In tho JIJI ..1.1-1. ... .,,,.,. m, i i.nin-, ,,n. .,l.,l ".. .UfWin.uil u. v...n dcrstood as encouraging nnd Incit ing assaults upon him; (10) tfiat at n meeting of delegates hold to- tl'fl fila 1 lln ntl.l nt t llfl I ft r.nil I ltf (it "Uiun nn; L'sil Ml iv viiihii ri" which meeting nl tnc defendants wcro ptcsent. II na inMilinim.lv voted to extend thanks to Soga for his rfforls in the JIJI; (11) that ono cf the objects of the II. W. O. A.. lu Iho fnrniMlon nnd nulntenance of II of the four defendants Ive wns (Yx A "") "to cs- .:.rBm(..!"... "I.-.. mL which nil wcro ncl lil.tl-l. l.hnHnK ..Dlnflu Iti nmlHl-ll fltf. ItUlllOU lllllllVIl U(HV.a HI t-imilllj Wo- ttl .I1I HA!,,. .in., closely "airillnted with tho association r,SK V own '", ' In Honolulu; (12) that another oh- "Wo will rtrlko the llnnlcrj AW Ject of thc II. W. C. A. w-s (Hx. A nnd p'gs to tho bottom of the holl ut 22) to pro-ure "men of Sogoro " earliest opportunity (innrtjr) type," that Is, men will- "Iho 70 039 will rtriio tho plant ing to suffer and If ncccsnry die or's dogs and ilgs Int.) Iho pen J of ior tlie ndvnnccment of the cause, to provide m a "plan of protection of Sogoro (mar)tr)," "lo pay mo no, to provide work, to bait out, and to provide lawyer," and to en gage lawjers anil pay their foes" to defend officers of bend office nnd ill- rectors, to glvo opinions, nnd to dc-1 fend Sogoro (mnrtjr) of country districts" nnd to pay "traveling ex- pensesof lajwcr and of Intorprctcr;" tu) inai a miliary njsu-ni ui pic- knts. ii.iilim. etc... wns Inniiurnted . , . , , u -- and maintained during the strike, ..111. .1.- I.n .1...I n.l n..n.nn1 nt mm ne Miwnicuhu tutu u,i'iv,i, . nu ut mo ueienuinis, ior mo pur-1 pose 01 provcntiug sinners irom re- turning to work nnd of Intlmldnt- lug them and otherB who might oth- crwlse be willing to accept employ- m.'nt on tbo plnntntlons; (14) tuat ifiiicis iniciiacu tor me 11. v. u. .. woro ordinarily addressed In tho caro of tho JIJI, ot which somo wcro forwarded by Sogn to the officers of, n-forrlng tu b'heba nil anothorr v. tho nssoclntlon and somo were not "on OI10 f lrl0 0Jg3 of tbo Volun so forwarded, nnJ thut Maklno and I CCr j-ject, thcro Is n Japaneso hl.ido Negoro in advanco ngrced with So- three feet In'Jengtli clear nnd bright ga that tho latter should In his dls- i nutumn wntor or winter Icojv.ilt cretlon dctermlno wlint letters to ns (0 como down on tho heads of forward to litem, nnd (ID) tliat tno Honolulu 11. W. C. A. dcfciiued ngnliitt all of tho proceedings with rnfnrittii,. tr thn nlrllm nn,l lla ln 1. dents, except the prosecution against tho nfsallants of all hi ot Kwn, nnd that Maklno nnd Negoro were per-,1 sonnlly nctlve In rendering assist; nnca In tho defense. Kxtracts Inserted hero from transla tions ot somo of tho JIJI articles and communications addressed to the JIJI nnd II. W. C. A. as received lu oil denco wero capable of being under stood by those for whom they wcro Intended as Inciting violence. So nlso aro somo ot tho replies to tluto nt tides and communications. "Them nro In tho plantations ccr tain noxious Insects called Bvculianto. ho peaceful Ihoy constantly disturb tho icIatioiiK of tho planters nnd tho 1 1 borers. So what wo daalro Is that you who Iho on )ho pfanlntlous ihould oxcrt juurstlvcs In getting rid of thc Bjcophantu who aro to bo loun.l hero and thcro on tho plantations. They nro enemies to our labor ers, thoy aro traitors. Tho strikes which havo occurred havo botit tho result of tho baso. malicious arti fices of thcru n cuphants. This Is tho third reason why tl.ey chuuld bo got rid of, why they should bo destroyed." "If they" (referring to SI10I11 nnd others) 'go to cxtrcnioa In vexing tho laborors It Is suro that thoy will not bo allowed to dlo natural deaths" (lit tcrally, dlo on tho mats or In their beds). "It Is said." ("On tho point of death tho best thing thoy can do Is to prepare to dlo nobly, It Is said," "Tho conclusion which ho" (a cer tain speaker nt a mass meeting) "reached was thus statod: Tho 70, 000 Japaneso hcru must uur rnaku that which Is Just nnd right their standard of action hnd must ovtcrmt- uato (bokiimetsu) tlioto Jnprnoso who play the rolo ot Ilusclnn spies, who ro Eemblo tho worms that nro tou.il In tho bodies ot lions." "Ignorant nllku of duty nn I ro- Bponalblllty, "Aro you, tho turf-horn boaBt of a planter's dog, "Suro It Is you aro tho foo ot 70,000 JananeFO. "PrepSio to receive a Bhower of fists,' rrom "a Bong on tho Iilehor. wago question." (1) "Reflect woll on thli, wag03 havo not been Increased up to to lay be cause of tho cxlstcnco of a mUchlev. rus pig nml dog nr p!gj and dogs, (7) Those tame-looking, tall wngglng animals, tho wild pig and tho pralrlo dog, will fall Into tho hands of somo hunter or other. (8) Through out tho eight IslaudB nf Ilinali tlicro Is not n slnglo man who ilnos not hatu tlio dog and, tho pig becauso they pro- vent tho line of wngcB. (9) Tlu can not bo left as thoy nro now beoauso when dogs nnd pins nro fioo to go whero thoy pleaso thcro Is nu sal Ing when, whero or whom Iheywlll bile, (10) As an mdlng of tho affair this time, call togother n fow hunters nn I quickly slay tho dog nnd tho pig.' 'Thrt nnd io and tho planter's 1ob" Lt (thdrff na ovliknco tenlliut to show tint thdso references wcro to Sheba) ' "ihould ba ucstcn to iteatn, . is said." "As for the term Kouen (planter 11 drg) ono wonl I IB" to roierso tno order nf tho phonetic sourtds nhil lead tlicm KcnKo (Knuciio uonesj ns thc planter's dog ontJit to bo given a doso of Iron fists." , "Plantation laborers on each Island. . write out names of ivciphnntB who iwraccuto you and icn.i it In to thin offlcr." "H ' I ,ll!lt tho MfophnnU In U" 1'bintnllons mutt bo ope).c.l quickly." ... "H " I1"1,1 ma, -J0", ?n'', ?'?" cr's dog should be knocked to desth. , , , , ,.., ,, . ,1. nllntn. 11 IB rum imu 1111:1; 13 l ,U1M. worlh his salt who makes life of ills lojal newspapers." "Tbo rascals who do this will later oa rocclvo heavy .. . . '" " " '--,"- "" -"' ' ' ""'" "' v; "" "'' "Hut aKJln&t llioso ho oiiimvi our "'"" '"' "'" "" "ul "' "' rur ll!ca. nn'1 Ts ,n1 "!' .la' -- ..I.- .! .. -.-.. ltt. ,,"''r !; "K : "' '" '. ; "' ,; lin,nmcr, r lr0 nml r,nwcr (ral") llf jl00'1' After rcfcrrlut to tbo Shlnpo nml blood nn I to hell." "Let us ttantn cut these brutes. It wo allow these crerturcs to remain lu this society wo do not know what trouble thoy may cause. Therefore let us taka tho step ee sooti as poi- tlblo." ,.Ar0 J01I not nako jet, you i,riiier? if SOu piuioso Iho Hlal cr vngu Astoclatlon wo will tiy so that jgw ou cannot mijillsh oven n tccal of ,.wj )our taper, jltcro art not.oniy jnwin- n i.iii.. nin,.di, n,, ,i.rlr ntplil lako rt ,111,1 .n u.tii. . , w. m." ..-c"." ,- rnr0 for 1 will fix )ou until yon nro ... n J'. m-. ... ciippiCU. 110 poi lurgfci. tmt ,.01l now j( vici, t3 reBOrt to vlo- , whcujtleadcrii llko Mr. lshll nn( Mr. Negr-o lead tho 70,00 strong ,.,,. nn,i firWard. what cm we not rCC0Im,.h flaeao two men who nro riM oyam.i nnd Toga of Hawaii m rc!y cn us an I far tho planters. Wc win ,7nrk unier (n.- c.jmmaud with tUa 'J? d - toraifnutloitiitn 'dib." ,n1 (hem men. At nny moment It may come norhain when a 'leadlns arttclo mrt B being wilttcn. You had' Klis 1,nnn ncnnio. fn, ,i.i mnlnLiinnnn ,,f ..Wri! tho families ycu will leato behind you." "The strikers of Alea havo taken:jhq .pricaiillnn tn obtain a good fiipnljr . of bu'letri nnl provisions whuuyltjii,to opposo tho planters." ".Now Is." tbo time to rnl3C llui tamo rf tho 'land of Iho Klslng Sun through out.. thp v, or 1,1. Lot tho Sun I'laglbo doail'j f) ' "Ifjjuiy nno trlco to obstruct ourIo djoijvfltir blood rnd lot tho country bo strengthened by tho bones at tho mand.-Jor uur rights wo can stamp thumiout for our" Just delete. It jioacrul method will not do It, though wo haru pity v.o must cat then. Into two vxltli a sword." HxccptloiiB 4 and 5 ns to tho ndnihf tlblllty ot Shtba'g evidence of his irwn plan for raltlag wages hs opposed lo lhatof tho derendants; C mil 7 33,ro latlng tu tho nlmlsslb'.llty ot tho ar ticca In tho JIJI; 31 tn tho papcra'nl- lcgod to havo boon Illegally sclzo.l; 35, 41 and 47 us to commtuloillous to tho JIJI mil higher wago association. tend-, Ing o thow that tho Innguage uicd In tho JIJI articles was accepted liter ally by laborcrsr 30 relating to pa pers selzol In Noeuro'a room; 37 mil 28, refusal of crone-examination ot editor hlmha ns to his' reasons for re jecting Ncgoro's article, and (40, 42 nnd 13) as to hto using similar vituper ative litngtiago In tho Shlupo wllh that of the JIJI, tho defendants being al lowed a certain tlmu within which to proluco Iho Shlipo articles; 44, al lowing ovldence that tho defendants had not objected tu tho JIJI articles; 45, 40 end 49 referring tu tha pl.iy In which tbo Shlnpn nnl Jlu nro mention ed ns Hides nnd tlirf "oppntcrsi driven oat ot tho mcotlng laco," ccnncctoJ' with ov Idenco that h'heba as a spy wal in realistically prcccnted that tho uu dlenco fchnuted, "Fix ho planter's dog" (p. 392); 50, a leJdlng quostlon vujeuiuil iu, "-, " aim ut us i u i- mlselblllty of ot Idenco of nu ussau't ol tho Hn-3 plantation upon a laborer x jt. v.no stayed at woric niter tno sinxu, ,; was iicciaied ny tno litsncr wago as-iJ toclatlon of Kw.a, tho constltutlbn. of , which shows Its official connection wllh tho Honolulu nesoclatlou; G5, 60 , and 57 relating tn a riot nnd Imprison- , incut of, jiollco officers by strikers at Yi'atpuhu; CI ns to asking Ncguroion CHi3ncxamluatlou whether "all tha " gamblers, loafers, tliuss nnd criminals In Jail and out of Jail nro on your side, aro they not7'' .and (62) If ho romrm I erod nu article In tho JIJI giving ai , 0110 of tho rulm of Iho higher Jwaju nsenclatlnii lu Hani tu "refute to sub reilbo to tho Hawaii Phliipo;" Jtll ot thoso oxconions nro overruled far In luno of litem doe's error apponr.'uti less 111 36, 38, 42 nr 63 'relating to ( ross cxinil latlon of Shfba butflf It v.ns orrui hus to restrict croas exami nation It would not Justify tjitln.j acldn tho erllct. ' llxccptlcns not prcscntel or argaeJ (Continued on Face 8.) ' , ' V'! Q t f H ; .' , sit, .lib -1 t ttttf mZ Mr '$ , n Jf H "i n ritt nh til n 'S 'vi t I V e"V dft.Wftr n1 VH