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

Gentlemen of the Jury Il shall have u
10 ask your careful attention for few T
minutes for brief exposition OF what L =
regard to be the law which will govern e
YOU in your consideration of this case. i
Let me remind you that you are now
exercising one of the most, If not the ,
most important duty that private cltl- !
zen is called upon to exercise In behalf {
Of the country where he may reside, and
It makes no difference whether you are
natural citizens of this country, or
whether you are still owing allegiance to
your own country. As long as you are
here pursuing your pleasure or your prl-
vate interests. it will be your duty to
assist the Court If you are called upon to
act as Jurors in the trial of cases that
NAV be brought before you. L have no
doubt that you realize the Importance
Of the occasion. This is an important
| trial. for it is the first time that tor
| eianer by birth has been tried on the
| charge of treason, an Otfense which is |
| recognized in our code as the first ottense |
in importance and place, an ottense |
which is recognized to be the most OBJ
| noxious of all crimes, most destest-
able crime. because it destroys the
| security of life, property, and what is
dearer to all patriotic citizens, the exist
ence of the government itself.
The chapter on treason has not been
read to you, and propose to read 1t to
you, or nearly all OF 1t.
"Treason is hereby defined to be any
plotting or attempt to dethrone or des-
troy the King, or the levying OF war
against the Kings government. or the
adhering to the enemies thereof, giving
them aid and comfort, the same being
done by person owing allegiance 10
this kingdom"
fidelity due to the kingdom from Chose
: under It's protection"
can alien, whether his native country
> be at war or at peace with this kingdom
owes allegiance to this kingdom
d during his residence therein, and dur
n inc such residence is capable of commit
d ting treason against this kingdom"
t NAV say that allegiance IS OF two
characters, natural and local. Natural
: allegiance is that which a citizen born in
u the country owes to his own country,
/ and local allegiance is that which Is due
from every person residing in it to up
n hold and obey the law, except ambassa-
n doris and ministers OF foreign states
e They are not amenable to the laws Of
4 the country. 1t has not, however, been
shown to you that this defendant Is
. within that exception. L charge you
81 therefore, that so far as allegiance Is
/ concerned. being a resident here he
owed allegiance and fidelity to the king
dom. | will 90 on with the fifth sec
a. ton, which reads as follows:
- ssTo constitute the levying OF war con
templated in the first section OF this
CHAPTER, it shall be requisite that the
persons concerned therein be parties Il
t, some overt act Chat is an open act), II
or towards procuring, preparing or usln.
= force, or putting themselves III condl
ton in readiness to use force, either b.
being present at such overt act, or b.
promoting, aiding in or being otherwls
at accessory before the fact to the same"
Sixth section. "In order to consti
- tute the levying of war, the force mus
be employed or intended to be employs
for the dethroning or destruction OF IN
King or in contravention of the laws, Q
in opposition to the authority OF tn
Kings government, with an intent G
p for an object affecting some OF tn
Il branches or departments OF said govern
ment generally or affecting the enactmer
|
or of some general law; or affecting tn
people or the public tranquility gene
allv: in distinction from some speci;
intent or object, affecting individual
other than the King, or particular oil
. trict.'
%. l think perhaps to have you unde
stand it better l might say that form
. erly in England, whence most Of our la
in is derived, high treason was only con
passing the death of the Sovereign, al
pc by various constructions of the la
,rs when a man committed an act, thoug
- not directly aimed at the person of tt
" SOVEREIGN but which would endang
ms him politically, the courts held that tn
no might result in the destruction of h
political life and that was considert
10 equivalent to comprising the death
lie the Sovereign, and finally the law IA
or been amended by statutes from time
~ time; the law now existing in regard
rty treason is that the act may be either
is dethrone or destroy the King personal
nv or levy war against the Kings cover
ment.
1fi- Now good deal has been made
Uil- day of the expression, against t
:, Kings government" and I say that t
'ne law would be just the same should t
inc act be against the government of t
ot Hawaiian Islands, or in fact against
"O government, without saying the Kine
ng government. There is nothing in t
The argument of counsel that as the cons
tuition of 1864 said that the governme
rue was the Kings and that the constitute
are of 1887 does not say that the governme
ers is the Kings therefore the statute
-. Treason is of no effect, and | would Ii
TIC to explain to you how that differer
re arose. l find it in very old book, &C
oon tanning the constitution of 1910, whe
0oN as the government of those early ola
ger was reducing its principles to writir
me there being large numbers then of pc
- erful chiefs that had large numbers of
auy tainers under them, they defined their r
pective rights-there was little histc
given-I am reading on page eleven
the so-called "Blue Book" The orr!
of the Kingdom was this. 1t was I
mehameha 1st "and to him belonged
me the land from one end of the islands
our the other, though it was not his own T
vate property" and then it goes on
describe what the prerogatives of t
King were, "He is the Sovereign of
Der the people and all the Chiefs" and f
re- Their, t''The kingdom is his, he shall ha
- the direction of the army and all the
eh6 plements of war of the kingdom.
nm, sboll. oIco bovo tho diroofiou of tho M