The Daily bulletin. [volume] (Honolulu [Hawaii]) 1882-1895, 1892-05-30
THE TREASON CASES.
Mr.. Justice Dole OVerTuleS The
Demurrer to the Charge,
Counsel for the Defense Appea't- -Ap-
peal Not AllOW.d by III,
Full Bench.

At the opening of Mr.. Justice
Dole's examination of the prisoners
charged with treason, at 10 o'clock
this morning, the Judge read his de-
cision over-ruling the demurrer to the
charge submitted by the defendants.
Mr.. Hartwel for the defense ap-
pealed from the decision to the Su.
preme Court in Banco.
Attorney General Whiting contend
ed that no appeal lay from such Il
decision.
His Honor declined to entertain
the appeal without the consent of the
other Justices, and directed the Off
Ger of the Court to call in Chief JUS
tice Judd and First Associate Justice
Bickerton,
This was accordingly done and the
full Court sat on the bench.
Mr.. Hartwell recited the proceed
ings to this stage and argued that
the sitting of supreme Court JUS
tice as committing magistrate did
not reduce his Court to the plane of
an inferior court. He contended
that there was no reason why the APP
peal should not lie, that there were
statutory reasons why the appeal
should be heard, ana besides there
were public reasons for such hearing
in this case.
Deputy Acknowledgement Creigh-
ton argued, contrary, that there were
no statutory rights of appeal in the
matter, and no public reasons that
should weigh against the statutory
ones. There was absolutely no
ground for Justices entertaining
such an appeal at preliminary eX-
animation while not sitting as court
of record.
The Chief Justice being called
away to swear in members of the
Legislature, a few minutes recess
was taken.
Mr.. Creighton on the Courts re-
sumirg continued his argument. He
argue, ii that the admission of appeal
at this stage would be bad rule for
criminal procedure, involving, as it
might, delay that would be damag-
ing to the interests of justice.
Mr.. Hartwell argued that the risk
of delay should not count against
matter of right. They did not ask
for delay but to have the law pro-
nounced by the full Court.
The Court retired for considera-
ton of the question.
The Court returned in few min
utes and Chief Justice Judd rendered
the decision of the full Court, which
was that there was no appeal to the
full bench from the decision of q
Justice sitting as a committing
magistrate. The Chief Justice and
First Associate Justice then retired.
Mr.. Hartwell requested that wit
nesses for the prosecution when ex
amined should retire, but not be al
| lowed to converse with other wit
nesses outside.
His Honor directed the officer ac-
cordingly.
Captain Harry Swinton was called
as interpreter and sworn.
THE PROSECUTION.
GEO. w. NAwAAKoA, sworn Am
acquainted with defendants; know
about an organization called the Ha-
waiian Patriotic League first became
aware of its existence the early part
of April last ; was member, joined
about April 10; was asked to become
member by Mr.. Wilcox and Mr..
Markham; consented and became a
member; was initiated and became a
member of the executive committee !;
was initiated at house of Col Ash
ford near Queens Hospital; it was
at night Col. Ashford was present,
also Wilcox, Markham and a few
others, cannot recollect all; (asked
if he could remember any other
names) think Maxwell was there /;
cannot remember all there at that
time, attended so many meetings !;
was asked if l knew object of the
League; said no, and was told it was
10 establish equal rights in the king
dom; Ashford made statement in
English and Wilcox interpreted it in
Hawaiian; Ashford think acted as
chairman; Ashford administered the
oath, interpreted by Wilcox; it was
taken with my hand on the Bible,
and was an oath Of fidelity to the
League. Witness here repeated the
oath, which swore fidelity to the
League, secrecy as to its proceedings,
mutual protection to all comrades,
and the promotion of equal rights
and government of the people, by
the people, and for the people, and
the stated penalty for violation of
the oath was death. was asked
and consented to become a member
of the council it consisted of nine
members-Wilcox, Ashford, Bipi-
kane, Lot Lane, Markham, Kahaha
wal, Palau, Baker and myself,
Mr.. Hartwell objected to the ask
ing OF any leading questions
Mr.. Creighton retorted in denial
Of asking leading questions.
Witness Wilcox explained the
objects of the League at the meet
ing; he said there was no other way
! of nbtainin,r riuhto axnnnt l,t non al