The Hawaiian gazette., 1883-03-14

evidence which Mr.. Pilipo, one of the witnesses
for the Crown, would be compelled to give and
out of regard for the feelings of the witness he
would ask TO have the Court cleared Of all parsons
except the defendant, the court officers and WIT
nesses. Judge Bickerton in compliaice NTH this
request at 1910 ordered the Court 10 be cleared
and added 10 the list Of exempts, members OF the
press. Upon resumine the examination OF wit
ness His Majesty's Chamberlain was called and
after being duly sworn made the following state
ment which, it will be noticed Is directly at VAR
ance with the testimony Of VIM. Auld as given II
the trial Of Mr.. Grieve on the previous day.
c H. Judd stated VIM. Aud came to my oihca
the Chamberlain's Office, with a roll Of paper,
manuscript think which purported to be list Of
dances or hHl1s. He asked permission to place the
Roval coat -of-arms on the programmes | said
would have nothing to do with them and declined
to allow him TO use the coat-of-arins, saying that
did not think il was right to put the coat Of arms
on such things and he would not be allowed nv
permission. Afterwards hir.J. L .hawalEui brought
the same roll Of papers to the ChamberlaIl's Office
be said they were the same, and spoke about the
printing of the lists; he said it would cost about
So OF SEQ and he wanted to know about getting
the money TO pay for II. said would have nothing
to do with the matter aud referred him TO Mr.. W.
NJ Gibson, as ! had seen a list of moneys for cor
ouati0n expenses and remembered that there was
Gn item Of 800 for hHias ! told him to go TO the
Chairman of the Coronation Committee who had
the funds and ask him. | declined to be response
BILE. He spoke about putting on the ROYAL coat
of-arms said no, that would not give permission.
After he went away found he had left his papers
on my desk and | sent them TO him by one Of the
messengers. That is the last | saw Of the papers
until the programmes were left. l was quite sur
prised when | saw the Royal coat-Of-arms on them.
do not know whether Mr.. kawainui came as a
member OF the. Coronation Committee or simply
in regard 10 the printing. To Mr.. kawginui also
declined having anything to do with the printing,
referring him TO Mr.. Gibson, the Chairman of the
Coronation Committee. The greater number Of
the programmes are still IN my office. Do not
know who distributed those that were distributed;
the distribution was not done by my orders, had
nothing 10 do with the things. Am little ac-
qusinted with the native language. People called
at the Office and helped themselves; there were a
great many inquiries for them, especially from
foreigners. | gave no order to distribute them.
CrOss-eGamined by Mr. Russell. Mr.. Aud did
not ask my permission TO put on the Royal coat
of-arms: he asked 'hOw about the coat of arms!
I said no; Mr.. Puryis and Mr.. Levi kamaka were
present and could hear the conversation between
myself and Mr.. Auld. They were also present dur
ing my conversation with Mr.. haWainui. was a
member of the Coronation Committee. Several
people asked for programmes; | did give some to
man Ot-war officers and others.
Hon G. ". PilipO testified to having seen the
printed programmes of the Hulas at the Corona
ton Of His Majesty, and, referring TO the manu-
script translated through the medium of W. J..
Wilcox Esq, the Court interpreter, the meanings
of several Of the headings TO Melts, some of which
the witness understood to have reference TO Ills
Majesty and the language when translated INTO
English being most obscene and bestial.
In answer 10 Mr.. Russell, counsel for defendant
the witness stated that he had obtained his knowl-
edge Of the native language from his parents, Ha-
waiian being his mother tongue. He had known
people TO be mistaken in the meaningOf Hawaiian
words. His TRANSACTIONS had been made as be uI-
derstOOd the words. Il was the custom amongst
Hawailaus to address meles to different parts OF
the person. Did not attend the Coronation Of His
Majesty. Do not consider the programme of hulas
for His Maiestys Coronation a fit book to be Pc
rused by children.
l.. I,1 NJ
stated that he had had charge of schools IN the
Kingdom; from his knowledge he judged that the
elder school children would be able to understand
the meanings.
Aukai and Kaahamoku both native Hawaiians
agreed with the Hon. Mr.. Pilipo as regarded the
verbal and literal meanings Of the words in the
sentences translated.
Kapapuu, a native Hawaiian. called by the pros
ecution to assist in establishing the obscenty OF
the language used in the programme was most
nOu-committal and one Of his translations when
placed in iuNtapOsitiOn by Mr.. Russell, caused
considerable merriment, the meanings being SO
entirely void Of the Obscenity which the other wit
nesses had testified to, and comica in their signif
icance.
The case was rested here. and Mr.. Russell fol
the defendant said in substance, that, his client
regarded the case Of such importance to him that
he felt that Jury of his countrymen should de
eide whether not literally or by any deduction
or meaning arising from circumstances or posi-
ton that be could be found guilty. These cOnsid
a Jury OF his couutrymen. Mr.. Aud considered
himself unnecessarily assailed. He had only done
that which had become engFafted upon the Gus
tom Of the country. From the importance IF the
case the time had been too short TO cOllate testi
mony to contradict the testimony of what the
Crown had proposed to show. Would not delay
the court by analyzing the testimony which the
Crown had offered, would do that at future
period The testimony for the prosecution die
not seem to be always clear, there was a doubt q
hesitation with regard 10 the erdcf definition OF
the words, vet the testimony was still green IN the
memory Of his Honor and as he had the OppOFtu
nifty both Of hearing and transcrbing the evidence
given it was for his Honor to decide whether his
client could b. found guilty from the eyidencs
offered
Mr. Castle, for the prosecution, said In view OF
what counsel for defendant had said, he lNlr
Castle anticipated verdict for the Crown. llt
felt regret that he had to prosecute Mr.. Aud II
the matter, they were personal friends of Ions
standing and If 1t was merely question Ot fine ht
tMr. e. would rather pay it himself and pay il
willingly rather than that any animOsity should
be engendered between himself and the defendant
Bot lie thought the ease was one of a higher caste
than mere personal friendship The programme
of Hulas for His Aiaiesty's COrOnatiOnl oOmes NJ
to obscene literature, and the proof of publication
is complete What mas already been TRANSLATED
shows that the document is unfit for perusaal by
any person. Webster defines obscene as often
sve 10 chastity and delicacy impure etc. Mha
has been heard translated comes up 30 the deni
tlOn. The counsel said he had no malice whatever
in prosecuting the matter only he wanted the Law
TO suppress this kind of literature Did not wisl
10 prosecute the defendant only in mild way
and ask the court to impose only light sentence
if the defendants are found guilty of the charge.
Judge BickcrtOn delayed until Friday before
giving Judgment desiring the presence of Mr.
Grieye who was charged with printing, and who's,
case had been presented. On that day, judge
Bickerton judged both Mr.. Grieye and Mr.. AUD
guilty in the 2nd degree and levied fine of Sli
and costs on each of them. Appeals were immed
atgly noted, TO the Supreme Court.