The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1889-11-05

was selected 10 carry messages until
two soldiers came TO my house and told
me that Wilcox wanted me to carry a
message to the King to come to the
palace. Wilcox told me to tell the King
to come up to the palace. Did not wish
to obey Wilcox, but l did carry the mes
sage. met the King personally and
several people heard the conversation
between us. The King told me to see
kahalewai and tell him to hold the bar
racks not to give arms or ammunition
out from there. The King also told me
to tell Parker to hold the palace. The
messages were carried early in the morn
ing. The Ministers were at the boat
house before l was. The Attcrney-Gen-
eral and Minister of Foreign Affairs were
there. Don't know what took place
there previous to my going. After the
Ministers left delivered the message
from Wilcox. Did not carry a message
10 Wilcox to preserve the "sanctity OF
the palace" l am not sure of other
messengers being used. The people l
noticed passing between the boathouse
and the palace. Lokana, servant of the
King was one. Before the firing began,
every one was allowed to enter the palace
grounds; the King did not send me to
express sympathy with the movement
did not express sympathy myself with
the movement; did not say in the pre-
sence of Pahia, to Wilcox that the King
sympathized with him; Pahia and Will
COX came TO my house on Sunday for
they had a constitution prepared and
they wished the King TO see it before
anything was done; they wanted me to
60 with them to see the King; / told
them could not go that day; never
went with Pahia and Wilcox to see the
King; often visited Wilcox as friend !;
the King did not tell me TO tell Wilcox
not to have anything to do with that
haole V. V. Ashford; the King did not
tell me to advise Wilcox to stop the
movement; did not get an opportunity
to tell that to Wilcox; when | heard OF
this movement l told the Minister OF
Foreign Affairs; can't tell exactly the
date told him; told him what had
heard; l said that Wilcox and some OF
his companions were raising a company
to overthrow the Government; had con-
versed with Wilcox about organizing
rife association; was not a member OF
the association; l had refused to Join /;
am not afraid to tell what l know l am
sworn to tell the truth; Wilcox came to
my house at nights and in daytime; l
am not the only officer on the Kings
staff; Kahalewai, J. II. BOYD, Lilikalani.
Iaukea, and perhaps yourself are men,
bers; am one who is supported by the
King. 4 question now asked relative TO
Lilikalani was 4 cause for short dis
cussion.
Mr.. Hatch objected and the Court dis
allowed it.
Witness, continuing-I entered that
morning through the mauka gate; met
Wilcox on the mauka side OF the palace;
we did not shake hands; asked him why
he had sent for me; he told me he
wanted me TO go and tell the King to
come up here; Wilcox also told me that
a constitution had been prepared, he
wanted it signed and then published;
do not remember saying that THAT is for
our good;" l occupied a Government
position previous to the new constitution;
l lost my office; l had been Governor of
the Island OF Maui; have no Govern
ment office now; have stated already
what l recollect; don't know whether
YOU wish me TO tell different from the
truth Ii the King had been really tax
ing part in this movement | would not be
afraid to testify; if the King had been
engaged in anything opposed to the in
terests Of the people l should not he
afraid to tell it.
The Acknowledgement now, at 40
O'Clock stated that prosecution rested
their case.
Mr.. Rosa made q motion for discharge
OF defendant on the following grounds:
l. That by the PRONUNCIATION and adop-
ton by the new constitution OF 1887 the
law of treason was abrogated and there
is now no law OF treason in this King
dom.
>. That the evidence shows that the
object OF the conspiracy to wit, to commit
treason, was in fact committed, con-
spiracy to commit such felony cannot be
indicted and punished as an offense,
distinct from the felony. The one is
merged in the other: Refers to Mass.
page los.
5. That the discharge of the jury in
the previous trial OF this defendant is
bar to the present trial.
His Honor over-ruled the motion on
all points. Mr.. Rosa excepted.
At , :45 His Honor allowed recess OF
ten minutes, and on the re-assembling
again, the defence commenced the pre-
sentation OF their case, the first witness
called being:
A. S. Mahaulu, who on being sworn,
stated-Am under arrest for conspiracy;
l gave myself up; August LIST Mr.. Henry
Waterhouse picked me up near George
Beckley's residence.
His Honor now cautioned the witness
against giving testimony which might be
used against him when on trial himself.
Witness, continuing brought to
Police Station on August LIST; was in the
palace yard July 30th.
a question asked by Mr.. Rosa as TO
"there was firing going on there
that day." was objected TO by the At
on the ground OF irrela-
vancy, and the Court sustained the OBJ
lection. Mr.. Rosa withdrew the witness
and Immediately stated that the defense
rested He then at 8 :05 commenced his
address TO the jury, speaking in Ha-
waiian. He ended at O'Clock, and Mr..
Hatch followed, in argument for the pro-
secution. ending at o'clock.
The CHARGE.
At , :O5 His Honor began his charge
to the jury and ended at 5:45. His
Honor spoke substantially as follows:
Gentlemen OF the jury; this important
ease has had your attention since Mon
day OF this week, this Is now the evening