Hawaii Holomua, Volume III, Number 28, 8 July 1893 — Untitled [ARTICLE]

THt gr«at oonspiracT lrial ie I througb il* fir*t act, and the eomxnunitr wa* aadly d:sappointed iu not being furniabed witb all tbe promi*ed and expected di9cl<»«urea —promi«ed and exf*ected, though only by the oorreepoiident« here to the foreign newfp«r>er«. and per- j hape by aome very timid X. G.’e Tba recently appointed Judge be- i lieved in hia decieion tbat twelvc reaaonable men oould be found in Honolulu who, on tbe evidenc« 1 preeent<d, would find Messrs. | Walkar and Sinc!air guilty of the offenee of criminal con«piracy. The faith m the ordinary intelligencc of tbe average juryraan io Honolulu ie evidently not one of the qualitiea of tbeepecificly appointed Judge—but the jurymen inay exeuae hia iaek »f faith in them when 1 they rememl*er tbe very alight ae- I quaintance whieh Mr. Chaa L. Cart«r boldf with them both profesfionally and otherw)ee. Tbat Mr. Carter’e first appearance on the b«nch has not tended to imbue anybody in town with any faith in hia qualifications to eit on the bench, gfK*s without saying. hia extreme youth and in experience may ret though juetify the hope tliat he may improve, and if retained in hie lucrative office Iearn how to fiil it with juetice, impartiality and bonor. Thkrk ie oue thing in the action of Judge Carter, whieh thou gh is tborougb!y incompreheneib':e to anyone. and that ie the proco>edings againet Mr. Crick. When tb e proaeeulion in thie conspiracy eaae rested, the attornev for the d efense madea motiontodi9mi»8theca. se9on j lbegrouudeof insufficientevio enee. ! Judge Carter went home and slept | on the motion whieh he the fol low- ! ing day overruled, boiding that | there woa Hufiicient evidence to j reaaonably expect a jury to eon' vict 1 all the defendauts including Cri ek. j The defen9e then put on a few w it- j neeaea to discr(“dit eome of the wi t- 1 , j neeeee for the pro9tcution, «n « eome of theirstatcmentsrelating t 3 j the alleged meeting ut Cummin». bul not one word or statecnent wn» produced relating to Crick or t*> the evidence ngain9t him.

The poeiUon of Crick as to hia guilt or iunoeeiioe of the Judge exactly the same when the defenee closcd a» when the prusecution reeted and Mr. Creightun’e motion to diemiee wae overruled. Judge Carter went home again and slept on the eaee and lol h« reapjteare and diecharges Mr, Crick againet whom Le a few daye before etated in oj«en court that tbere was >ufiicient evidence. What may we aek transpired whieh could alter Judge Carler> opinion on tbis aerioue matter from one day to the other? Waa it tbat by a more careful atudy of the eaae he eame to the reenlt that he waa in error on b>e firat ruiingT If ao we shoald auggeei to him to tak« a Iittie longer time and reoonaider the «aae again maj bebewiIlthencoroetbe eonelueion that be wwm ae mueh in error in hle deciek>n aa in hta raling. Tbe prooeedinga oow ean only throw rkUeole and doubt on the Jodge and he shonld Hae aod explain. /.»• ■ • «wanaaMa» . > « t , .... yj- -- • j .■ _ ' n ta» ooimom mt m

imhibed, the roore ootra ceouely dH they lie. One witne*s »uted tbat Walker told him tbat he h»d 9evetit«n men retdy (fbr j «<*roe royeterioue purpose) anotber i tbat he said that sixtv-eight men were with him (not in loe ealoon tbough) tb:rd w:lnees testified to i Walker cl«iming 80U n.en. and final!y a fourtb **a«loon fr ; .end" b»d received the ir.f>rmation from Mr. Walker’e o»n lipe that when ' they wereintbe t»alareand heardthe worde “Tom Walker" 1,000 men j wouid ri»e and all tbe N. G. : s then | had to do was to lhn>w d *wn lheir guns aod 9Coot. Mr. Walker ad- 1 mitted at the ttme that he felt ! ratner rocky having partaken the i aighl previousat a 9umptuous din- j n*-r with Clau9 Spreckels, who by the way had put him«elf down for i half a million, au example whieh promptly had been fol!owed by James Campbell with anolber half a million. Tbe government did ! not produce any evidence aa to where the two c»piuli9ts had put lhat million down, so it ha9 presuraab!y not been found yet. The j cbaracter of tbe government’g witnesses shouid on the face of the \ case hav« made the Attorney-Gen . eral go very slow. Herr von Tonar i admit9 wilh »ome pnde that he has j nol heen arrested mueh more than three time9 during the last four- j teen years. We do not deny that : if such ie the trutb he has done belter than we thought. but we bei lieve that if the Mar«hal would | have referred to the records in his department, he rnight have heen able to refresh the memorv of Herr von Topaz in regard to his iormer i connections with the Hawaiian i government. Mr. PreBCott, who is a stranger bere, and had never met Mr. Walker previously, immediateIy received that gentleman’s beer and confidence, and got both articles somewhat mixed up. He was houeel enough to remember though thal Walker said that nothing would be done before tbe United States had decided the Queen’s prote9t,andonly if suchdeci9ion was adversely to restoration. The two witnesse9 from the Boston testified only against Crick, and as he has I been discharged, their evidence ■ has no further bearing on the eaae. Mr. Thoraa8 Wright—the on!y respectable witness produced —knew notbing except that Tom Walker had told hiui at Nolle’a public ; lunch rooms 8omething about hlow- ' ing 6oroebody up, but further particulars had not been furnisbed to Mr. Wright. I ■ —

Fiual!y we hsve to deal with the i)vidence of tbe Arizona detective ! Mr. Manuoni. If there had really I , Ven any conspiracy and Mr. Mar- . Q u*nt was telling tbe truth we must aa 'mit that this wae the only evij e , >oe wortby of notioe. He reported a meeting —a meeting of armed , nen . He had tumbled to the secret °f the conspiratora and he wis, 'hed it underetood that he was no £fool. Now here is aomething wb ■'ioh amelie of oonepiraciee. Who evtr H»eard about a well regulated deot Vit conspiracy withoat armed men (Cr»moiog around presumably to e the attention of the poliee to th> w n»*®ting) and of secret signe and <»th8. We regret Mr. Marmont- o» r Aneooa djdn*t have an oaih. Tk «oa»rtliing miaeing īn ao> M»ep4 rBc y witi»Bt an oath aod *y »sferrin, g to aoaw dlnte oonl we hav «e ao tioofct that tbe Atloroey-Geoe «nī’a d eleolin» ooold hare pradooeil a pxwp«r well—\uroedandaaCSŌ«»Uy bk»odyoath. 6oanhow*w «Mm i». A«an»eyGeuer*l did do 4 aeem *» take mucb •tockiallū«D ooaldMtth«rlM w* «igw.

W* koow of coorse if' Me*«rs. R <sa,Creigbton. and others oonspire against the governmfrnt. but our pereon*l knowledge of their meuUl c*libre is such that we ean refute acy statement tending to «bow tbat they are aspiring i f*r ruom* in the Lunaiie Asylum. , Does Mr Hartwell or his pupil the I A.—G., or Mr. Cha«. L. C«rter reaiI lv believetbat when Mr. R>sa and Mr. Cre:ghP>n meet eaeh other in Kaahumanu Street in tbe morning lhat they plaee their respective ihumhe on their respective no#es and «pread out their other respec ! tīve fiogers at eaeh othere- We believe that the maaana and other secret societies, have gol certain secret signs, whereby they are enabled to rec*>gnire a brother mason who is otherwi9e a 8tranger, but we aave yettolearnthat the masons belonging to the «ame lodge and grade g> around and make sigas at eaeh ) othor in their daily meetir.ga in life. And when Marmont’9 evi dence was 90 distinclly seen to be j a manufactured lie in that one | point why believeany of it —and it j i8 about ihe eame with the other witne99es. The Manhal has lost his notes in this conspiracy case whieh seem9 to us the beat indication that he never placed sufficient importance on the whoie matter to give it his carel’ul consideration. But in the meantime on aueh ridiculous and trifling evidence aa lhat presented by the governi ment three m«n are held for days i under loek and key, forbidden to see their frienda, and for a time j even tbeir counsel. Two of them are to continue their impnsonment i until Augqst. aa *tbe AttorneyGeneral refuses ihem bail. Access to them is denied to their friends contrary to all prison-rule and all legal custora. They are not convicted men undergoing a punisbment, but only held to answer on a weak, flim9y, and nnreliable evidence to a jury for an offenBe whieh ie nota eapilal oflense, This unueual action on the part of the Attorney-General needs investigation. It looks more like persecution, than prosecution more like injustice than tbe justice to whieh every citizen of these I8laude is entitied. i