Thursday, March 30, 2023

The Legitimate Government in Hawaii Series: Case Precedence for Conspiracy etc.

 The Legitimate Government in Hawaii Series:  Case Precedence for Conspiracy etc.

                                                         Review by Amelia Gora (2023)


http://punawaiola.org/es6/index.html?path=/Collections/HCases/Hawaiian%20Reports%20Vol%201%20(1846-1856).pdf


HAWAIIAN
REPORTS,
1851.
67
The
King
1*.
Anderson
and
Russell.
ever
be
justified
in
using
a
deadly
weapon
against
another
except
in
the
most
extreme
cases.
That
it
was
a
mistaken
opinion
that
when
one
man
declined
leaving
another’s
house
the
owner
was
justified
in
attacking
him
with
a
deadly
The
rule
of
law,
said
the
Court,
is,
that
before
as
saulting
an
intruder,
the
owner
or
occupant
of
the
house
must
request
him
to
leave,
and
allow
him
a
reasonable
time
to
depart,
after
which,
if
he
refuse
to
go
out,
the
owner
or
weapon.
occupant
may
use
such
means
to
eject
him,
as
are
reasonable
and
necessary.
He
can
only
use
deadly
weapons
in
defense
of
himself
andfamily;
and
that
if
they
found
that
Howard
assaulted
Hadley
with
the
intent
to
murder
him,
the
accused
was
guilty
under
the
indictment.
The
jury
failed
to
find
the
intent
to
murder,
and
returned
a
verdict
of
“not
guilty
under
the
indictment.”
Mr.
Bates
for
the
Crown.
Mr.
Harris
for
Howard.
THE
KING
vs.
WILLIAM
ANDERSON
AND
J
OHN
RUSSELL.
Every
fraudulent
combination,
mutual
understanding,
or
concerting
to
gether
ol
two
or
more,
to
do
what
is
obviously
and
directly
wrongfully
injurious
to
another,
is
a
conspiracy.
It
is
not
necessary
to
prove
a
direct
concert,
the
jury
may
infer
it
from
the
facts.
The
prisoners
were
indicted
for
a
conspiracy
to
defraud
William
Watson,
William
Burrill
and
others,
by
means
of
a
small
padlock
of
a
peculiar
construction,
upon
the
opening
of
which
they
induced
Watson
and
others
to
bet.
This
case
was
a
very
interesting
one,
as
showing
the
cun
ning
and
artifice
to
which
men
resort
to
dupe
and
defraud
41

*************

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