Hawaii Holomua, Volume III, Number 36, 2 Kepakemapa 1893 — Untitled [ARTICLE]

Mb. NV. O. Smjth §hoold r's : £n . frora the Altorney-Geiier«l8iip. The blunder comraitted by hiin through ihe arrert of Mes?rs Cnck. Waiker aud Sinclair eraph»s;zes hia mability to be at the head of tbe pro*ecuting department in the l- nd Never hae z m >re frivoious and absurd charge been preferred bef >re an intelligeot jury against f«-liow cilizens. Never hag more msnufactured and fix>!ish | evidf nee been given frora lbe wit- ! ues9-b<>x in a Hawaiian court roora ihan was the case in tbe late eon- ' spiracy trial. It is to the cred tof the jury that it only took them twenty minutes to acquit the aecused men, and it is to be bnped that it wiil be the last tirne that »ucb a scand.ilous c*9e is presented in our court9. As loug a.« W. O , Sraith remams in office with the power with whieh he has been inve9ted by the P. G. no man is safe in tfce community. Every man ean | be deprived of hia liberty by Mr. Smith on the f vidence of liorselhieves, criminals and scalawag9. lt is a very senou8 matter indeed. Not alone serious to the treasury i of the country whieh undoubtedly will have to pay heavily for having sept Walker and Sinclair !ocked up in jail for raonths, but the precedent whieh has been established iis of f«r more serious moment. ls Mr. W. O Smith going to be allowed to saddle the already depleted treasury with damHge-suit8.8imply because he sees spook9 while he ' li8tens to the thrilling tales of Gen- i eral von Topaz nf stnped-suit farae, or Mr. Detective (1) Marmont — who, by the way even Smith was aahanW to put on the eiaml at the i tri»l before the jury. After the oonspiracy-case waa finished there ! W88 only one opinion among the j citizens of our community irrespective of polilieal party. or syt-ipa-i thisers, and that was that Mr. \N . i O. Smith sbould reeign. — I I j Mr. Smith in his addres9 to the jury was very amusing e?pecially when coached by Oamaliel Hartwell. The lvarned Attorney-Gen- , eral has so muoh to s«y about Sam i Nowlein and Bowler, and schoolmaster White, that it was a surpnse not to find the menlioned gentlemeu in the dock loug flg >. He fiually got in the naraes of Spreckel8 and Oanpheil, and expres8td his surprise why they were nol called on the stand. At thia point. though, his rnentor oulled hia coat. and whispered 8ome warning words upon whieh tbe learned i \ttorney-General put in a 9tving i claii8e and said that of course, nobH>dy ever believed that Spreokels i aud Cainpbell had anything t<> do with the matter, nvir did the government ever believe that Walser 1 had any men. Wh}* then in the ; name of Holy Moses did the At-torney-General ever start the case, and beside» covering himself with ridicule saddle the country with ' damage suits, and cotmnit an j injustice and an outrage against three citizens and their families. I l j Judge Whiting summed up I as mueh against the pnscners as the law allo«rs a judge to do aud i spread hiroself coDsiderably over ! the **individual” conspiracy theory. j U i« to be regretted tbat ueitber tbe judge nor the learned AttorucyGener*l nor his aseietant Mr. Hartwell ever furnished a few autborities on *‘individual eouapiracie#, n With all due re«pect fbr ihe three le*rned juriete, we are afraid that they attempted tn eoostitute themselvee authorities on tbat newlr iuveuted term —but tbe reeult ahowa that they fail«d otterly. Tbe defenae waa mo«t ably oooOueMl Menn. 0»

1 *nd A.P. Pelenon, wbo were high- j lv con»p!iroented up.>n tbe brilli*nl roanner in whieh tbey h*i<dled the ca«e. Il was genera!ly expecP*d thal * defen*e w.»uld b*ve bevn preseuted. bul tbe Attorney« re■liird fully the neakness »*f the pnwecut«oo aod did nol propn«e U* Ime the iime »u«l try the patīence of tbe jury ro<*re t'<»n oece*s»ry. * Mr Cre ghton*« lengthy :»ddress U» , the jury w*s roa«terly and the :nteuee interesst «*f the joryroen fn*m fir«t tiil Ia»t The n»»Urd c»>a»Dir*cy cj»6 i« fi«»8Ue«l *r»d Ihe go*r.r»iluenl »»#»* b-en r»>uted. May we noa g*-l a ivsl o>* dyn*oaite f»>r a ’ Iittle while.