The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1856-1888, 1874-10-10
A TRIAL FOR TREAsoN.

"aiians' a native named John II. Lephyriua ka-
hoalii, was tried Tor the crime Of trcason. The
Attorney General appeared Cor the Crown, and
the prisoner was defended BY Mr.. Kauai, who IL
District Justice Tor Waimsa. ON tho lsIand Of
KAUAI, and Mr.. J. Porter Green. The evidence
was brief, and consisted almost wholly Of a me.
moral purporting 10 be addressed 10 the Consul
Commissioner of France. written by thc prisoner
and by him caused 10 be circulated for signatures
among the natives. IL never reached the pro-
posed destination, have been seised by the Police,
IN the house Of ono Of their own body, and by
whose direction several hundred f~ctitioau nance
had been affixed 10 il. The prisoner had requested
the man TO procure n thousand names. The con-
ception and execution of the document were folly
in the extreme. but the matter contained was
none the less criminal and mischievous. 90 APP
pears that from the hrst writing Of the MEMORIAL
up to the time Of its seizure by the Police, not
more than a dozen persons had read IL. The in
tention Of the accused, was plainly enough mani
Tested by his acts, which came within the provi-
sions Of the 9th Chapter Of the Penal Code, tho
FIRST Section Of which reads as follows:
Treason is hereby de6aed 70 be any plotting or
attempt 10 dethrone or destroy the King. or the levy
ing Of war against the Kings Government, or the
adhering 70 the enemies thereof, giving them aid or
comfort, the same being done by a person owing allie
glance 10 this Government"
The jury in this case were absent from the Court
room but twenty minutes, returning a unanimous
verdict Of guilty as charged. The punishment is
prescribed in Section Q Of the Chapter referred to,
in the following words:
Whoever shall commit the crime Of treason, shall
suffer the punishment Of death and all his property
shall be eonhscated 10 the Government
n.N Al, ~ l. - 1T So =. r. NJ
Privy Council, has the power, under the Consti-
tuition, to grant r~epreves and pardons, after con
viction, for all offences, except in cases of impoach-
ment.
As a matter Of interest TO our readers. aud rs
literary curiosity, We append the translation Of
the memorial in question.
To he Consul Commissioner Of De Government Of
France at he Court If he Hdpaiidn Islands:
"SIR-We. the people OF Honolulu. Oahu. Ha-
waiian Islands, whose names are hereunto sub.
scribed. ..s II ..tefu44
Whereas, your government. through YOU. have
known of the election OF ID. Kalakana rs King.
therefore. we respectfully ask Of you that you
make haste and inform your government that we
reject ID. kalakaua. And further inform your gov
eminent OF oar choice OF Queen Emma Kaleleona-
lani to sit upon the Throne OF the Hawaiian Islands.
For you are aware that we have sealed our opposi-
ton to the action OF the Special Session Of the Leg
islature OF February 18th, A. ID. 1874. In respect 20
Az RbtAN' VI - NahE " hhN thhNoAik VI ~ Niooa
of the Representatives, and the destruction Of
government property on that day.
Therefore shall be set aside and utterly revoked
the election Of King ON the 18th day Of February
of the present year, and all the acts OF II. Kalakaua,
that he may have concluded with any Of the Great
Powers. shall become utterly void. for the under
mentioned reasons
- LIST R~easOn-There Is now extant the will of His
Majesty w. Z. Lunalilo, wherein he devised the
government unto Emma Kaleleonalani. aa proved
by witnesses. Had be recovered sufficiently. be
snnlA hava aiUnaA his pupno - that wa... 49, 4.
weakness increased until his death, whereby no
WAS prevented from so signing.
End Reasonable present King ID. KAlakauaD
came to the Throne by rebelling against the Queen,
Emma KaleleOnalani, the heir 10 the government
by the will Of the deceased King Lunalilo. and she
was chosen and desired by the people from Hawaii
to Kauai.
" 3rd Reconsideration 10 the election by the
Legislature, w. l.. MOehOnua strongly urged tho
Representatives TO vote for ID Kaiakana only. and
for no one else, and the majority Of the Representa-
tives consented to do so.
4rh Reason-The Hon. Thomas Martin. do
handed OF the Representation that they swear on
the Holy Bible, as a means Of securing their votes
for ID. Kalakaua, and the majority Of the Repre-.
sentatives did SO swear
9th Reason-At Honolulu, Oahu. Feb. IL, 1874,
Queen Emma Kaleleonalani was voted for and re-
ceived 309I ballots.
9th Reason-Before the Assembly met for tho
election Of King, one of the Committee OF the
people took their petition 10 the Assembly. stating
that the people of Honolulu had chosen the Queen,
HHf NA'"V AN-uN
the Assembly to postpone the election OF King,
and that the Representatives return TO their con-
stituents for the purpose Of comforting with them.
Had the Legislature needed this, there would have
been no riot. This petition was placed In the hands
of W. C. Parke, the Marshal OF the Hawaiian
Islands, by 5. NJ. Kamakau, one Of the Committee
Of the people Of Honolulu. IL IL not known
whether or no II was read. hMN
Eth Reason-When the people saw that they
bad been banked, that ID. KalakRua bad been
elected, that the Representatives had disobeyed the
voice of the uatiDu- having rpeeiypd bFIkpa then IL
was that the Representatives were beaten aud the
property OF the government destroyed, on that day.
8th Reason-D. Kalakaua IL not the rightfui
King. Therefore we grieve for the broken peace.
and the loss Of our independence. Because, this
false King is doing that which will destroy our In
dependence, and canse great disturbances ~ tbs
future. For this false King I'd. Kalakana) il very
DESTROYS OF mortgaging the government to some
foreign government. for a million OF dollars, or
perhaps several millions, and be has sent a message
requesting the Legislature 20 make a Law empow-
ering the Ministers TO borrow one million OF
dollars but if the Legislature shall consent 10
this law, il will be contrary to the petition OF 32T
Of MS, on the LIST day Of July, 1874, and now before
the House.
18th Reasonable true Souereign to-day IL the
enc appointed by will Of King Lnnalilo and chosen
by the nation-Emma Kaleleonalani. Therefore
we do hereby declare that she Is the Sovereign Of
the Hawaiian Nation, on the following grounds:
-. Queen Emma Kaleleonalani is the near
relative Of the Line Of Kamehameha.
-. She was wife 10 Kamehameha ".
%. She was heir Of Lunalilo's Government.
-. She was chosen by the nation as the proper
person to sat on the Throne.
81. She IL amiable and good, and suited to tho
people.
Therefore, we ask Of you to regard this, 70
consider it carefully, and graciously hear our
communication.
" We request Of you to assist us. TO assist this
nation. in preserving our independence, and that
you grant this nation the assistance OF one Of your
icaT UeSSeIs to maintain the peace. For there are
some foreigners here who have tried and are very
DESTROYS that they should be injured ia person and
property, in order that we may lose our independ-
ence.
I'VE have no intention whatever in this 10
injure any foreigner living here, and there are
people who it is plain are not friends Of this nation,
By their frequent attempts TO create disturbances
in this nation. The foreigners living here know
that the nation refused ID. Kalakaua when Kane