The Daily bulletin. [volume] (Honolulu [Hawaii]) 1882-1895, 1892-06-02
Preliminary Hearing Before
Justice Dole.
Before
THURSDAY, June 2.

severaD; attended one meeting at
Bipikane's in evening; Lot Lane in
vited me there was told meeting was
for love of the land and Of the Queen
and an equal Constitution; white
man spoke to me in English and 1t
was interpreted by Wilcox; Cooking
at Ashford) white man looked like
him; was told to abide by the laws
Of the league, whoever turned traitor
should die; took an oath to that,
holding hands all round, the foreign
of the circle; don't remember any
thing else said; Wilcox spoke about
dividing men into squads, but not at
that time, appointing lieutenant to
each squad from the league; there
was something said about getting
new Constitution by Wilcox, just the
same as he has always said round
corners, that if we couldn't get this
Constitution changed perhaps we
would have to use guns; something
was said about demand to be made
, Of the Queen for new Constitution
nothing was said about what would
be done if the Queen refused to grant
a new Constitution.
Q.-Was anything said like these
words -
Mr.. Hartwell objected. When men
we're on trial for their lives on spoken
words, the attempt to get words out
of witness in this way was repre-
hensibe.
Q.-(By Mr.. Rosa.) You don't
remember anything else said at that
time?
A.-No.
Q.-Are you telling the same thing
now you told me?
A.-Yes; don't remember any
thing more than that Wilcox said if
we can't get this Constitution other
wise, we may have to use guns;
don't remember anything said about
the Queen in case she should decline
no person has been to see me since
yesterday with regard to my evil
dence to-day.
Cross-eXamined-Th meeting was
some time over a month ago; was at
station three times about this mat
ter; first time Nahoolewa, Marshal,
Deputy Marshal, one of the clerks
and a white man were there; the
clerk wore glasses, don't know if it
was Kenyon second time met Rosa
and third time Rosa no one told me
first time what | ought to say.
Pros pputiOD rests at 10 .46
Mr.. Hartwell submitted and filed
motion to dismiss the charge and
discharge the defendants without
day on the following grounds:
because there is no evidence
presented which tends to show that
any of these defendants has been
guilty of any overt act of treason,
whereof he stands charged.
because there is no evidence
presented which tends to show that
any of these defendants has by any
overt act plotted to dethIone or des-
Troy Her Majesty the Queen.
3.-Because there is no evidence
presented which tends to show that
any of these defendants has attempt
ed to dethrone or destroy Her Maj
esty by doing any act towards COM
hitting or in part execution Of that
Offense.
4.-Because the most that can be
predicated of any of the evidence
presented is that it might authorize
AN inference that certain of the
defendants have been guilty of "a
mere preparation of the means of
committing the offense" of plotting
or attempting to dethrone or destroy
Her Majesty the Queen: "nothing
being done in execution of the at
tempt to commit the same," and by
the statute such preparation is de-
clared TO be "not an attempt to COM
init the same"
5.-Because spoken words cannot
under the Hawaiian statute of trea-
son, as well as under the Hawaiian
} Constitution OF 1887, constitute oil
form the offense of treason, or con-
stitute or form the offense of plot
ting or of attempting to plot tC
dethrone Or destroy Her Majesty the
Queen.
6.-Because n conspiracy to com
init treason, if such conspiracy were
shown, or to do any other act defined
as treason, is not OF itself treason
nor is il an overt act of treason.
7.-Because an attempt TO levy
war against the Queens Government
if any such attempt were shown, il
not treason nor is it an overt act o.
treason.
S.-Because there is no evidence
tending to show that any of thes'
defendants has been party to any
overt act in or towards procuring OF
using force, or putting himself in {
condition to use force either by being
present at such overt act or by pro
noting, aiding in, or being otherwise
accessory before the fact TO the same
Mr.. Creighton presumed there wa
a copy Of the motion for the prosecu
tion.
Mr.. Hartwell reminded Mr.. Creigh
ton that he had telephoned TO hin
the previous night, asking if the pro
secution was likely to close This
morning, aud was given the impress
sion in reply that It was not. liz
! Was very sorry that he had not hac