The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1892-06-03
TREASON CASE.
The Last Witness Placed on the
Stand.
Judge HarfWeU Makes a Motion
For a Discharged is Ar
eued and Submitted.

tlOn was placed on the sIanu yes
terdav morning, and after he had
been examined the prosecution
rested.
Judge Hartwell, for the defense,
did not call any witnesses, but
made a motion for the discharge of
the prisoners on the grounds that
there was no evidence presented to
prove that any of the defendants
had been guilty of any overt act of
treason.
The motion was argued and sub
mitted in the afternoon.
MORNING SESSION.
Haleakala sworn | work for the Gov
eminent cutting wood; know defendant
Wilcox, but not Ashford; know defend
ants over there mentioning some names
OF the prisoners); attended one meeting
at Bipikane's house in the evening; Lot
Lane invited me and Wilcox explained
TO me that the objects of the Hui were to
obtain an equal constitution and equal
rights; / took the oath, it was first spo-
ken in English by white man and then
interpreted into Hawaiian by Wilcox;
Ashford looks something like the white
man that spoke in English, but am not
sure il he is the man; the oath was in
terpreted in sentences by Wilcox, which
in substance was "to abide by the laws
of the Hui and whoever turns traitor
no Il 10 - fal w q
body present by joining hands; the white
man gave the oath; l was asked to give
my name first, it was then written down
and | was told that everyone must abide
by the laws of the Hui, anyone that
should turn traitor must die; there was
some talk of dividing the Hui into
squads by Wilcox; do not remember if
the white man said anything about it;
they intended to divide the Hui into
nine squads at some future time; the Of
ficers were to be taken from the Hui
something was said about new consti-
tuition by Wilcox, who also made re-
mark that if the present constitution
cannot be changed perhaps they would
have to use guns: l remember some
thing about asking the Queen for a new
constitution, but nothing was said about
doing anything if the Queen declined to
assist them | am telling the same story
l told you (meaning Rosa) and have not
talked to anybody else about the evil
dence l was to give; l only remember
that Wilcox said that if we could not get
q new constitution we would have to get
guns; don't remember if anything was
said about the throne; nobody has been
to see me in reference to my evidence
to-day.
Cross-axamined: the meeting was last
month, do not remember the exact date
it was q little over month ago; have
been to the Station House three times
about this case; talked with the Mar
shall, the Deputy Marshal, and others
about it; a native boy was there but do
not know him; do not know Kenyon;
the second and third times l went Rosa
was there; nothing was said as to what
evidence was to give at the trial.
The prosecution then announced that
they would rest.
Mr.. Hartwell-I am aware that the
argument that is now to be presented to
the Court is on the assumption that all
the testimony that is presented on be-
half OF the prosecution is to be deemed
to be the truth, and that the Court will
take the view that the jury would be at
liberty to accept that testimony as true
testimony together with all the infer
ences which could legally be made from
it.. Counsel for the defendants have
sought this method OF obtaining the
adjudication of this Court upon the law
Of the case as presented by the testi-
mony for the prosecution, deferring their
own defence to be presented only in case
it shall seem to Your Honor that in law
q case has been presented by the prose-
cution, trusting however, that there will
be no occasion after full and elaborate
examination of the law for the defen-
dants to present their defence, which as
| am instructed, is very full and explicit.
Taking then that view, and endeavoring
to meet it, that for the purposes of this
argument the testimony presented by
the Constitution is to be deemed to be
true testimony, l wish to say that to q
right minded man, every infraction of
the rights of others, whether those rights
are defined by municipal law or are
those rights which are no less sacred and
precious which can be defined by no
human law, involves more or less of
moral turpitude. When it comes to an
infraction of the rights of the whole COM
munity, the rights L mean of safety and
security OF life and property, the offence
becomes an offence of the greatest enor-
nifty, the very charging of which against
anybody places him at an immense dis
advantage in the view OF the community.
Now it is undoubtedly true that in times
of public excitement, when passions,
anxieties and fears are aroused, there is
danger OF assumptions that facts stated
are true, when perhaps they are not
true; danger, not only of invasion of the
rights of the persons accused of such an
enormous crime, but in the desire of the
community for swift justice as they re-
gard it, there may be shipwreck made OF
the law itself. To some extent this state
of things exists to-day in this commun-
ity; so far, that | consider that many OF
the best people in this town, personal
friends of my own for years, regard the
appearance of counsel for the defendants,
seeking to present careful defence
against this charge, as species of at
tempt to clog the wheels OF justice. ]
have never in my experience seen q
more perfect illustration of that popular
error, that counsel at law are supposed
to seek in their defence of persons
accused OF crime to prevent justice from
being done by any methods which their
skill or experience can suggest. This
feeling which | have referred to on the
part of many persons in this community
has been expressed to myself directly
and indirectly during the last ten days
The ill-concealed disapproval of any
elaborate defence shown by frownine
looks, and shown by an evident desire
to avoid even friendly apnearanca nj