The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1889-10-14

abrogation of fundamental law OF this
Kingdom, the constitution OF 1887, there
is no escape from finding verdict OF
| GUILTY.. Should you find that this man
was one of those engaged In this busl-
ness, there is no escape from rendering
verdict of guilty under the indictment:
If YOU believe his own statement tnaV
he was present at the meetings whose
object he knew was to turn out the MIL
listers, to expel them by getting ne"
constitution (the constitution now III |
force does not authorize the King to dis |
miss summarily his cabinet) and that he
knew that arms were procured to carry
that intent into effect and that ne
marched with that body of men, armed
and was within the palace grounds con-
sulting with the leader, talking with the
leader, not demonstrating with him, ana
that he endeavored to get supplies 10
+ them at their request, if you belleVe
these acts are proved by the testimony
of two witnesses, there is no escape from
T finding him guilty. 70,
e l shall read you a little more OF the
o law OF treason:
V Section seven of the Act reads;
+ Gan accessory before the TACT TO urea
S son is guilty of treason ana shall De SUP.
= iect TO prosecution, trial and punishment
+ rectlv concerned have not been con.
" victed or are not amendable to justice,
n IF the principals have not been convicted,
10 the law of this country, and 1t Is the law
Is all round the globe, all accessories before
At the fact OF treason are guilty OF treason
IF and are subject to trial and punishment
~ therefor, although the principals have
q, not been convicted, and it says further.
ne in the interests of fairness and OF liberty
Id that "no person shall be convicted oil
if treason but BY the testimony OF two OF
Id more lawful witnesses to the same over
ar. act of treason whereof he stands charged
if unless he shall in open court confess
" such treason" There is also sector
It of the law prescribing the punishment
mt 1t is also punishable for a person haVln,
Sc a knowledge of treason and does not III
ST vulge the same to the governor OF IN
nd island. There are no governors at pre-
ed sent, so / suppose that part OF the law
he imperative.
he Gentlemen, this is serious occasion
he The Court is we'll aware of it and trust
in you have listened patiently to all tn
or evidence in the case, and that you WI
in give it your serious attention and tn
ect consideration which it deserves. haV
in endeavored to show you the law as Tin
o's it to be. You must take the law trol
on. the Court. Ii l am wrong, there is
sci tribunal that will set me right, but IL
ing plain meaning of the law of treason is {
ing l have stated it.
not [ read from a United States case: 81
ing march IN arms with force marslail'
, q and arrayed, committing acts OF vlolen
ict and devastation in order to compel Il
of resignation OF public ofhcer, ana CheI
,eo- by render ineffective an act of congress
iC biyb treason - ? Dallas H46.
ng- The mere doing of such an act as tea
so. ing down pound Or attacking prlva
ON residence would be a mere act OF riot ;
lon- would not be treason; such an act won
inst not be against the government. 1t mt
nee be against branch of the governme
or for the repeal of law, against t
ton community at large or the governme
e I to be treason. A disturbance agar
the the manager of a plantation would I
,ich be treason, although it might be an I
sted lawful assem- blage and De a very bloc
acts riot. Assaults and batteries might
enc committed and yet not be treasC
lmi- There must be an intent 10 eHecC sol
Julv public purpose, or the force to be us
hey against the government or some pran
the of the government.
, in If you find that the testimony VOL
,me. warrant you in returning such verdi
the gentlemen, it would be your duty
1 to render such verdict, and the respor
thew bility of the law and the responsible
saw. of the sentence or whether it shall
the committed in any way is not with Y
de- You are not law makers, you are not
e as givers, you are merely jurors whose T
it is vince it is to find whether the ia
tute which have endeavored to show .
with are essential to be proved in this C
Mai have been proved against the defend
very at the bar beyond a reasonable dot
tate Understand what that means reas
but able doubt is a doubt for which you n
Omit be able to give substantial reason
the which is not fanciful doubt, and if
facts have any reasonable doubts that
that man was engaged in these acts whit
have have stated to be treason, you will {
him the benefit of them. You will
$ for raise imaginary doubts; they must
MON doubts arising from the testimony.
you You understand, gentlemen, that I
lsion of you arriving at verdict, that vii
party a lawful verdict. You will choose 4 f
iesce man who will sign the verdict.
he up may retire for deliberation.