The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1889-10-29

been very easy to have taken the palac,
when Parker left. Wilcox could hav,
taken it easily and safely if he wished to
Kaaha went for the King little past
O'Clock. When Kaaha came back wal
in charge of gates. Ceased to be in tina
position after the firing, ran and bic
myself Took shelter with about fifty
others in the basement. There is still
a charge of conspiracy pending against
me.
To Juror-Wilcox did not tell us to
fire the cannons. Wilcox did not tell US
any particular time to fire them. We
fired because we were fired at. Would
not have done so unless we had been
fred at. applause from spectators).
The Court-Am sorry that | have to
speak to these people here, most of
| whom, l believe, are out on bail for con-
| spiracy. 1t is very improper to give ap-
plause, 1t is seeming endeavor to influ-
ence the jury. If repeated l shall have
officers to put such persons under arrest
for contempt of Court. May say, that
applause is intolerable to this Court and
will not be allowed. l do not wish to
speak again.
To the Court-Don't know how long
VIC "Clo SOliiS W oIdE' Nual hhAh ooiu
two days.
G. Schumann-Was on the corner of
King and Likelike streets on July 30th
last. Was sent there by the Govern
ment. Sent by the captain of my COM
pany. Belong to Company D, Honolulu
Rifles. Captain Mccarthy was my cap
tain. Think we were acting under au-
thority of Hawaiian Government. l saw
others going out so went out too. l got
into row with some native. l had
orders to prevent any one passing through
Likelike street. Some one yelled from
palace to bring that man in. Wilcox
called out. A native fired shot there.
The native was sitting on top OF the wall.
No guns were fired before that. Could
not tell direction gun was fired. Some
body took my rifle away from me and
then l was taken inside palace yard.
Wilcox spoke to me. He asked me what
l was doing there. Said l was acting
under orders OF the Hawaiian Govern
ment to keep the peace. He said he was
the Hawaiian Government. My cart |
ridge belt was also taken away. Only |
kept under arrest one hour, then l was |
allowed to go outside. Wilcox told me |
to 60 out. During the time | was there |
they were firing at the Music Hall. Will |
cox went all over the yard. Saw him
firing off cannons. When | went out he |
was sitting on back stairs.
Court now took recess until o'clock.
AFTERNOON SESSION.
The Court resumed at l O'Clock and
the cross examination of witness was
commenced by Mr.. Kalua.
g. Schumann-I am not a police off
GER; received my orders from my cap
tain do not know whether the govern
ment gave the orders or not.
Juror Blpikane-Did your captain tell
the people they should clear away.
Answer by witness-I don't know, l
think so, that was my orders.
Juror Bapikane-The road was a pub
ic road, who were the enemies that you
we're afraid of, those inside or those out
side.
Answer Of witness indistinct and in
definite.
Juror Bipikane now said, turning his
ace to the audience: think this man
lsed his gun in a threatening manner
owards the people outside and that is
he reason why they caught him and
brew him over the wall. | think they
we're right; (sensation).
Mr.. Hatch (rising quickly)-H your
Honor please, we feel called upon at
his stage in consequence of what has
'een said by this juror to move your
honor to discharge the jury on the
round of bias and misconduct.
Mr.. Rosa for the defense objected
trongly to the motion and considered
hat nothing had occurred that should
isqualify the jurors; the defendant had
ights that he should be protected in,
nd if the jury were now discharged it
'ould be equal to an acquittal. /
Mr.. Hatch called the attention of the
curt to page $50 Note y of Archibald's
riminal Practice and read
"The law has invested Courts of JUS
ce with authority to discharge Jury
ON giving any verdict whenever in
leir opinion taking all the circumstan-
IS into consideration there is a mani
st necessity for the act, or the ends of
1blic justice would otherwise be de-
ated. They are to exercise a sound | :
secretion on the subject and when a
ga of discharge of the jury is imposed n
lder such circumstances, such plea will !
ot constitute bar to further proceed
gs and will give no right of exception
the prisoner from being again put on
ial."
Mr.. Hatch continuing, said in sub T
ance that there was no doubt that the
ourt had recognized the tone and man
r used by the juror, and further the
ror had stated his opinion, an opinion
lich is not based upon the evidence. a,
lat opinion must have been one which Cii
had formed and concealed it seemed
the speaker that the Juror had en- =
red upon the case prejudiced. on
Mr.. Rosa drew the attention of the an
'urt to Merriam on Juries, page 352
,tion 312 and read:
when prisoner has been arraigned /
d tried upon valid indictment he is
titled to the verdict of the jury before
ey are discharged"
The Attorney-General called to the Re
tice of His Honor Article of the Ha-
iian Constitution which states that
10 person shall be required to answer
ain for an offense of which he has
en- duly convicted or OF which he has
an duly acquitted" He argued that
he case had gone to the jury and ID,
rdict had been rendered they could hi
well revive it. The Court at any
le, he considered, had power to take
} case from jury if it was found not AS
e in the interests of justice to allow it
remain in their hands. 1t was men
ned to him just now by Mr.. Thurston