The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1885-01-14

The proseCu ton here rested their case,
/ and Captain Tierney gave evidence in his
/ own defense.
/ The Captain stated that he made strenuous
! efforts to return the men, whose looks he
/ did rot like, to their own homes. He ex-
( planned that it would be sure death to them
! # they were landed in any other place, even
on 5heii own island, except at their homes.
/ Re said that = constant watch had to be-
kept over the people while in the group for
/ fear that they woald desert. He could not
| trgsS any of them. When ths boats came
back on the morning liz question, they made
no report. On returning from the second
trip 10 report was made of the fight. As for
the men in the boats being armed, that vas
the universal rule, and necessary to protect
| their own lives. He saw nothing wrong
about the men when they came on board.
! Did not examine the people very closely.
Had never recruited at that island before.
Judged by what had taken place in the past
! 9hst the men would run away if they had
chance. They were all ashore q Jaluit, and
were made to understand as we'll as we could
that they might stay there if they wished.
Cannot fnd the log of the Hazard. Have
made search for it. After the voyage
was completed, the log was so much waste
paper. Mr Cooke had said at first that he
thought he had seen the log, and then
thought he had not.
The defense here rested.
In addressing the jury for the defense, Mr..
Hagtwell said that it vas very evident that
the utmost care had been taken by the
Government and the Court ~ have this case
urged with ali the force that it should have.
All interested. The presence of the
representatives of the British Government
land part of the time that of the United
States) showed that the Republic, az the
speaker SAID he was proud of calling the
British Empire watched the progress of this
case with that vigilance that she has always
taken in guarding the interests of those
countries over which she exercised authority
in greater or less degree. This country
had got to look out that she did not run
against the rights of human liberty, or how
she trod where England had put down her
broad foot.
The speaker had regretted that it was not
in his power to lay before the jury the origin
of this prosecution. Captain Tierney has
none of his officers here TO support him.
He had to rely on his own testimony, and
that of the steward Millet. This witness
evidently told the truth. and his story went
far to convince him 1.-THE speaker) that Capt.
Tierney had no thought + dealing unfairly
with anyone on board the brig Hazard.
He was confident that the jury would mete
out justice to the defendant, and they would
be instructed that they must give the de-
PENDANT the benefit of any reasonable doubt
they might have of the truth of the testi-
mony they had heard against Kim. N n.
Hartwell then called the attention of the
jury to the fact that the statute under
which the defendant was tried provided that
three things must be established.
list, that the offense, that of false impris-
onment, was committed.
I'd, That it was committed on board a
Hawaiian vessel.
Sd, That it WAS within the jurisdiction Of
the Courts of this Kingdom.
The learned counsel argued that aside
from the questions arising on the first two
points that there could be none On the
they must decide that tie Hawaiian Courts
had no jurisdiction.
Again, Capt. Tierney vas baund 10 look
out not only for the safety and rights OF
these few men, but also FOR all on board,
and to do so was obliged to get away from
the dangerous reefs and currents of those
islands as soon as possible. He would
leave the case in their hands, not appealing
to their sympathies for the defendant but
to their sense of justice to acquit him.
The Attorney-G General speaking on be-
half of the prosecution, said that when a
man like Capt. Tierney had placed himself,
not deliberately, perhaps, but through neg
lect of his duty, in the position he now
found himself he certainly needed the SYM
pathy of all men. And in this case justice
demanded the sympathy, and the poor
islanders before the Court also claimed SYM
pathy when they had been deprived of their
rights and liberty. Nothing need be said,
he thought, about running against Eng
lands power. That power had given the
first expression of its intention to exercise
its might in the suppressi III of just such
traffic as Capt. TIerney had been engaged
in. There was omething wrong in the de-
! fendants having none of his officers here.
1t is wrong and unfortunate for him. For
it cannot b. expected that his sole testi-
| mony can upset that of all the others who
agree in saying that the canoe was run
| down and the occupants tied and brought
on board the brig against tueir will.
| The Attorney General reviewed the diff
| ferent clauses Ill tae testimony, laying stress
| upon tine conclusion that Capt. Tierney had
| failed to do MS duty Al Master of the Haz-
ard. He stated that tue Government had
| already given the defendant the benefit of
! the Indictment from kidnapping, which
! was felony, to false i'm prisonment, which
was only a misdemeanUr. As for the cues
ton OF jurisdiction, the jury has nothing to
| do with il. Their duty was to fiud whether
| the occurrences related took place on board
/ the brig Hazard, and whether she was a
| Hawaiian vessel.
In delivering his charge to the jury the
| Chief Justice called their attention to the
| fact that this case was unique one in this
| Court. II WAS full of interest, anu he felt
called upon to compliment the jury upon
tue close attention they had given to it.