The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1889-10-16

Apana VS.. Lula. Assumpsit arising
from lease of land Judgment for de-
fendant. w. R. Castle attorney for
plaintiff, and V. V. Ashford attorney for
defendant.
OCTOBER TERM.
| BEFORE HIS HONOR CHIEF JUSTICE JUDD.
CRIMINAL DIVISION.
The King VS.. Ho Fon, charged with
conspiracy. The Attorney General and
his deputy, and also T. NJ. Hatch, were
attorneys for the prosecution; and Paul
Neumann was attorney for defendant.
The following are the names of the jurors
who sat on the trial: A. NJ. Mellis, c..
Hammer, f. j. Lowrey, J. E. Brown,
A. Ehlers, L. G. Ables, Max Eckart, G.
Crozier, w. o. Atwater, E. D. Tenney
NJ. N. Sanders, and E. NJ. Marshall.
Deputy Acknowledgement Peterson
opened the case for the prosecution, and
indicated what was intended to be
proved.
THE EVIDENCE. DIRECT EXAMINATION.
Robert n. Boyd (sworn): 1 know de-
fendant; his name is flo Fon; used
to be schoOlmate of mine; have not
seen him often since first of June; have
seen him mostly outside his office, on
King street; Office is on mauka side of
street; have seen him also at meetings
held at Palama on July 10th, 18th and
Doth; that on the 10th was meeting
called by Mr.. Wilcox; held at Prin-
cess LIS place; purpose of carrying out
project that Wilcox had proposed to
overthrow Ministry and have a new
constitution; heard this from Mr.. Will
COX; heard it at the meeting at Iwilei.
Mr.. Neumann-Was Ho Fon present
Boyd-No, sir.
Mr.. Neumann-I object, to the answer
OF that question by witness or the offer
ing by him of any hearsay evidence.
Boyd (continued)-Saw defendant at
Palama on 10th of July; was invited to
be present saw Wilcox g O'Clock p. IN. }
Markham, Pania, Bill Cummings, Tesla,
Tom Spencer; there was fifteen alto
gether; Luka was there and LOomens
and sailor; saw Ho FOn there; he
arrived after [ did; | saw him there at
10 O'Clock; saw him in diningroom he
was taking some wine with Wilcox !;
there were fifteen of us there; don't
know what they were saying; | was out
side guarding.
Acknowledgement - What were you
guarding?
Mr.. Neumann-Object to question.
Judge judd see no objection TO wit
ness answering the question.
Boyd (continuing)-Guarding for the
secrecy OF meeting; Wilcox presided at
meeting; was not in the diningrOom !;
was outside OF room on the veranda, a
window looking in; could not hear from
the outside; was on guard about three
hours; was armed had a revolver; Will
cox gave it to me; Markham was on
guard; he was armed; other arms in
Wilcox's room Wilcox was in his room
when l went on guard; meeting had not
assembled then; Ho Fon when | first
saw him he was taking glass of wine /;
saw him talking to Wilcox; could not
hear language; | know what was being
done at the meeting; | know what was
being done by being told by Mr.. Wilcox
and was also told when off guard by
other members that they had voted
against the project; could not tell where
Ho Fon was at this time; did not see
Ho Fon again that night.
Mr.. Neumann-Objected and moved
that Boyd's answer relative to hearsay
| be struck out.
Judge Judd considered that the evil
dence so far is correct and allowable.
Attorney General-What did Wilcox
say?
Mr. Neunann1 II object to the Attor-
ney-Genera asking those leading ques-
| tons.
y-General-"There it goes, l
got along in the other trial tirst-rate be-
cause of different counsel"
Boyd Continuing Heard from Will
cox long time afterwards but heard after
| meeting; do Lot remember who spoke to
me ;they told me Wilcox intended to carry
out project voted down because SO few
present; most OF those in room were
seated; Wilcox by the table, Loomens
| near him; Wilcox was in uniform and
had revolver on the table before him
uniform of lieutenant of Italian artil
lerv; saw Ho Fon on night of 18th al
same place; must be before II o'clock
| did not see him when he arrived; same
Eproiect was to be carried out; the assO
I citation | do no know the name of; the
purpose was to get old constitution back
and put out Ministers; members tool
oath; | took oath at Iwilei; oath was
that we swore to overthrow Ministers
and if ever anyone of us members gave
away the secrets he was to suffer deatt
at the hands of other members; there
were four meetings preceding meeting o
10th of July; there were about fifteen o.
twenty men about premises when L was
on guard Ho Fon was there; the meet
ing had come to order; did not know
what was said; was outside; noticed
that Ho Fon did not say much; Waiwa
was there, Malulani, ID. Crowningberg
Spencer and CroWningberg arrived be
fore y O'Clock; when meeting was
called to order they were there; dom
know whether arrangements were mad
for future meetings, had meeting OF
18th; saw Mr.. Wilcox there; saw HI
Fon there that night; in the din
ingroom there was also there Paup1
and four others all Chinese; amongs
them Mr.. Ho Fon; these were with Nh
Wilcox long time alone talking to him
[ was on veranda; could look through
glass window could only see them talk
ing; Papu was there and | saw him tax
, oath because he lifted up hand, can
swear that l heard it; Wilcox used to
/ minister oath read it from book; h
was reading at time Papu held up hi
hand Ho Fon was there then; stood o
t guard about same time as night before
t these Chinese stayed with Wilcox Ion
l | time | went away and when L cam
2 back only Ho Fon was there with WI
/ cox; Poepoe was there, Markham wa
| on guard; saw Alex. Smith at meetin
~ tho 18th that is the one | am meI