The Daily bulletin. [volume] (Honolulu [Hawaii]) 1882-1895, 1892-06-10


gether they did commit treason; it
was running act it was not one
meeting but it was an act to be
inferred from the ultimate result of
those meetings There can be no
distinction between man who was
present on the 9Th day of May and
man who was not present. Espec-
tally rs the last witness has told you
that Colonel Ashford was one of the
leaders of the organization, and the
mere fact that he was not present
does not relieve him from the effects
of that meeting, because I have cited
authorities to your Honor which
state that the declaration and the
act of his co-conspirator is evidence
against him, even done in his alb
sence, and I submit that he is as
much bound by the meeting of the
9Th of May as is Mr.. Wilcox.
I desire to say but few words
more. 1 desire to show to your
Honor that the defense have in no
way shaken the case made out by
the prosecution. I claim that they
have not done so, and hope I have
convinced your Honor that the evid-
ence which they have offered here in
thecannot light of common sense
weaken the case made out by the
prosecutions; claim that the
defense has not made a complete
showing as opposed to the case
of the prosecution, nor can it pro-
duce in the judicial mind anything
but the conviction that that defense
has done nothing more than streng-
then the case of the prosecution.
AS I say, the remark, mo, 1 didn't
do it." is equivalent to nothing more
or less than a plea of not guilty,
and where the Court has held that
there is case made out sufficient to
commit these men the mere saying,
81 plead not guilty" cannot remove
that case or wipe it out. say that
as they stand now they have proved
nothing, they have not in any way
cleared themselves of this charge,
they have merely said, "No, didn't
do it." They say II didn't do it,
as every boy does when he is
caught in the act of stealing apples,
and when accused thereof by his
father, says, 1 didn't do it, but does
that save him from the paternal
slipper? His plea is overruled
and he is punished. Therefore, they
should stand committed for
they have done nothing to prove
that Nawaakoa is u liar and is q
perjurer, as their counsel say he
is but on the other hand they
have corroborated him as far as
they dared to go in their testimony
and case for committal has
been made out. claim in all sin
certify that we are entitled to have
each one of these defendants COM
mitted for trial at the next term.
[ am we'll aware that this is Sc
rious charge, and feel the respon-
sibility of conducting the case for the
prosecution. The charge is serious
to the defendants, and it is serious
to the Government, and affects the
public generally, and the very foun-
dation of the throne is affected by
this case. I do not desire to urge
upon your Honor careful considera-
ton of this case, have too much
respect for your Honor to do so, I
have too much knowledge of your
Honor's careful attention to all cases
which your Honor has presented to
you, to even for one moment make
such suggestion. AS L said before,
in all sincerity. on behalf of the Ha-
waiian Government, whom 1 have
the honor to represent as Prosecut-
ing Attorney, l ask your Honor to
order these men committed for trial
before IA jury of this country. There
is evidence to warrant it, and if your
Honor is satisfied, let the jury say
whether they are guilty or not gull
ty, but claim there is evidence here
that warrants your Honor in COM
hitting for trial.
In regard to the suggestion made
by counsel that your Honor take
weeks or months in deciding The
question | would respectfully COM
bat that idea. This is a case where |
deem it necessary that the result for
the best interests of all concerned
should be reached Ms soon as nossihla