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

PENDANT.
G. Mahoe-Know the verdict on tw,
Juries on previous cases; would not affec
my verdict in this case.
The defence challenged peremptoril,
Sam Kamaku. The Court thereupon in
structed the clerk to draw another juror
and the clerk stated that the panel wa.
exhausted, His Honor instructed the
marshal to obtain a talesman.
The marshal then called the name o
Kalauakua and it being responded tt
the Juror took his seat and was sworn.
Mr.. Hatch examined the last juror
called on and the answers proved salts
factory to the prosecution.
In answer to Mr. Rosa, the juror
stated that people b ad come to him and
told him what had occurred and he also
knew what had occurred but he did moi
express opinion to any one.
At 20 the defense accepted the jury.
The Attorney-General challenged per
emptorily S. c.. Dwight and he was re-
tired, the vacancy being filled by Hell
Kapu; the examination of juror was
satisfactory to the prosecution and de-
fence. ..r
The Attorney-General now challenged
Lohelani, Keau being called as talesman,
and soon after Napapahulu received the
third challenge of the prosecution, Kalu-
kilaau being called to fill existing va
cancy. This talesman was put through
a searching examination by the Attor-
ney-General, finally resulting in the ad-
| hitting by the juror that he was de-
| fective in one ear and therefore the At
torney-General objected on the ground
! that Juror should hear both sides.
His Honor now stated to the jury that
it was the desire of the Court not to have
partizans OF either side of the jury. They
had all been examined carefully but he
would say that if any of the jurors felt
in their hearts that they could not try
the case by the law and the evidence be
would wish any such to disclose it by
rising.
There was no response from the jurors
but Mr.. Rosa noted an exception to the
remarks thus made by the Court.
At :55 Attorney-General Ashford
commenced the address for the prosecu-
ton, to the jury, saying in substance
that they were called here to do the
highest duties in citizenship and they
were expected to try this case with the
utmost impartiality. 1t was of equal
interest to each side that impartial
jurors be impanelled. If the prisoner
is innocent it will most highly subserve
the interests of justice that he be &C.
quilted; the same occurs if he be guilty
that he be convicted. The Crown
wants no verdict that cannot be OBJ
tanned beyond any reasonable doubt.
The specific charge now brought is con-
spiracy. 1t is fact well known that
Mr.. Wilcox has been prosecuted and is
under indictment for treason at the
present. time. But the Government con-
slider that enough blood has already
been shed and do not want more lives to
be forfeited for the misdoings of that
day. In accord with this policy of leni-
ency thus spontaneously put forth the
charge against Mr.. Wilcox has been re-
duced from treason, the highest penalty
for which is death, to conspiracy the
highest penalty for which is only impris-
onment. The Government in its ideal
character is incapable of feeling resent
ment against any person or thing, and
feeling no resentment there is no desire
that the prisoner should suffer further
penalty than such as would vindicate the
majesty of the law and forbid further
occurrences of like nature. The men,
bers of the Administration have deter
mined to make practical exhibit OF
their disposition to mercy in advance,
and it is eXemplified in this case by the
charge presented.
The learned counsel then presented an
outline OF what the prosecution intended
to prove, ending his remarks at 2 80
o'clock.
AT this point His Honor instructed the
remaining members of the jury to retire
until such time as they would be offici-
ally notified, but requested that they |
make themselves cognizant of the pro-
gress of the case by morning visits.
DIRECT EXAMINATION.
Robert N. Boyd (sworn): Know Will
cox number OF years; know of organ |
ization formed by him; the first meeting |
was at lwilei; was there; found three |
sailors, the man Lutta and two others |
do not know the two by name; Loomens
was there; Wilcox and l the only Ha-
waiians present; there the new constitu
ton and oath Of secrecy were produced
and read; all there took the oath, eight
Wilcox administered the
Odbh bllC AdAlSuelSC IllC l1COOiuS
was English and Italian; meeting was
from then until the next Sun
day; the next meeting was on top of
Punchbowl at p. M. on a Sunday;
same parties present at Punchbowl
meeting; could not formulate plans to
obtain funds; the next meeting held one
week after; held at house of Princess
aabout s p. m. same crowd
vas present as at Punchbowl meeting;
same subject discussed same result;
ourth meeting held at that same place
I'll but one were present; at the fourth
Meeting Wilcox said he had means to
AIRY out object; did not say where dur
ng meeting, but told me privately he
would get it from Chinese; nothing else
discussed; the officers were elected at
irst meeting at Iwilei, Wilcox, presi-
lent; Loomens, vice-president fifth
Meeting was on the 10th of July; held at
'alama; went about s p. m; Wilcox {
esided there; meeting was held in din ]
ngroom the Princess was not then liv- [
ng there; | was placed on guard in the
ront of the house by Wilcox; had a t
evolver; there were about thirteen ]
resent three foreigners viz. /: Loomens, /
.utta and a-sailor; ten others present; '
here were thirteen guns collected; Win
hester, Springfield and Sharp's; saw
hem in Wilcox's room; | bought two OF
ne rifles from Dr. Brodie; Wilcox gave t
he the money; took them to Palama; S
was proposed that night to take pos G
sssion of the palace; the arms were all t
repaired; it was proposed to have new
institution and GUST the Ministers; the 2