The Daily bulletin. [volume] (Honolulu [Hawaii]) 1882-1895, 1889-11-01

y
admit those facts 10 he true, that
they are not an offense az inst the
law. only remind you, gentlemen,
that you told me and told tn public
that you would take heed and pay
attention to the instructions OF the
Court in regard TO tue law, say
that in order TO obey the instruc-
lions OF the Court you will have to
convict the defendant, for he has
admitted to you that he has formed
secret conspiracy to repeal the
general law-that is, the Constitu-
tion-and overturn the Ministry by
the show of force. He told you that
he gathered that force together,
eighty In number, afterward in
creased by acquisitions at the Pa
lace, and all armed. But he tells
you that he did not intend to use
force unless he was resisted. Sup
pose a man is charged with robbing
a mail coach: you know how they
do in California. They stand in
front of the horses and order the
driver to "stand and deliver" and
the occupants of the coach throw up
their hands. Not shot is fired but
the driver lets the robbers take the
silver and then they drive on. Sup
pose the robber should be overtaken,
caught and put on trial, and that he
should say. ooh, 1 had q pistol but
l did not intend to use it unless l was
attacked" Every judge would tell
the man that that was robbery be-
cause it was an attempt to get the
silver by force.
You see, gentlemen, Mr.. Wilcox
says that these were not Quaker
guns, not wooden guns, but real
guns loaded that they could be fred.
He also tells you that the rifles,
about 80 of them, were loaded right
there at the Palace gate when they
were told that the gates were shut.
Does not that show you, gentlemen,
that the object was to get the Con-
stitution by show of force, and it
makes no difference that they in
tended only to make a shew of
force. want to put it very clearly
to you because l do not want you to
make any mistakes. 1 will give you
another illustration. Suppose maj
should be charged with burglary
| and he put in plea of not guilty
| Notwithstanding, he goes on the
stand and says: ~ went into A.
BIS store, pried the door open witt
chisel, and took a bag of money
from Smiths drawer. On my way
down from my house l saw police
man, and 1 was afraid he would take
me and so 1 threatened him and made
him come along with me-" Why,
that jury certainly would convict
that burglar although he said he was
not guilty. Now, suppose the bur,
glar said more than that. He says
~ took the money but am pooI
man and Smith is rich man.
wanted that money for the schooling
of my children, so L took it," Sup
pose he said more than that tia
he was suffering from want OF foo,
and that he had not money enuugI
to buy his children bread, whlcl
was the reason he took that money
He would nevertheless be guilty
under the law although his distress
would call loudly for mercy. SO
gentlemen, the mere effort of idea
as to whether this is right or wrong
must not enter into this case at all
but whether the law was broken
If the question arises that law il
wrong-for instance, that people
should have lights on their carriages
would it be proper TO organize {
force of men to 60 down to the Mar
shall to prevent him enforcing thu
law, or would it not be better to g
to the Legislature and get the repea
of the law2
| l do not wonder, gentlemen, tina
Hawaiians are proud of their coun
try; L am proud Of my country
But we want to preserve our institu
tons; we want to preserve the reigl
of law; we want to secure justice
we want honesty in every depart
ment of the Government. No NOR
is honesty required of me as judg
than of you as jurors. What woul'
you think of me, gentlemen, if l re
fused to approve of an indictment i
it was my friend that was charged
with an offense? 1 should deserv
to be impeached and driven from
my office if should do such q thin
as that. Now, gentlemen, we ex
pect you to do your duty. 1t ma
be very severe struggle with you
1 do not think it will though.
also say this: it will make N
difference so far as the law is con
cerned whether His Majesty was
party to this conspiracy or not, O
whetherhe approved of it or not. Th
Legislature passes the law of thi
country and His Majesty approve
or disapproyes Of them. From 1874
down no King has had the power t
make law by the word of his mouth
l put very severe illustration bu
l want you to understand it fully
Suppose the King-any king of thi
country-should engage with othe
persons to commit a very seriou
crime, say murder. The King Cal
[ not be tried because the law aaN