The Daily bulletin. [volume] (Honolulu [Hawaii]) 1882-1895, 1892-06-03
TIE TREASON CASES.
(Contiaved from 4th Page.)

Al NOibohN'hS Nh"N VIZ W sa's'''t z
Of associations and meeting in secret |
were not acts OF treason, counsel |
referred to the Moreno episode in
1880. Conservative men came to
him as editor of the Gazette at that /
time, and told him they Intended to
have the obnoxious person put out of
the Kingdom, and advising him that
he should say nothing against such q
course in his paper. He did condemn
the purpose as illegal in the paper,
however, and was told by three of the
principal men in the Kingdom that it
was no time to talk like that with
such a dangerous man here. Well,
now, he proceeded, if those men
who were matchmaking, devising,
planning, plotting, scheming and
talking Of doing an act which was
not only unconstitutional, but which
was directed against the public tran
quillity, against the Kings Gov
ernment and his supposed interests,
had been placed in modern dungeon
at the Station House on q charge OF
treason made ut the instance of the
person or persons against whom those
expressions we're directed, what
would have been the result? Such a
time may occur again. The time may,
any year, any month, arise when or
ganizations for accomplishing public
objects are formed honestly but Sc
cretly, when the leaders of public
opinion come before the country and
announce perhaps unwisely, perhaps
with undue excitement, that their oh
iects must be accomplished at all
hazards, when charge of treason
against those public leaders would
place them where, for weeks or months
during critical time, when their
services would be of value TO the
country, their services could not be
obtained? Charges of treason will
! be rife or may become so at any time
of public excitement; but if in view
of public policy, of the interests OF
this country, the real interests of the
people, in the construction OF our
statutes and Constitution, this Court
shall deliberately, on calm reflection,
after examining the statutes of Eng
land and the United States, the text
writer's and decisions Of Courts on
those subjects, give out the announce
ment that charge of treason rests
upon such evidence as has been pre-
sented in these cases, for one, l
should deplore most seriously, most
sinperely any such result
Mr.. CREIGHToN-May it please
your Honor, in discussing the mo-
ton which has been made by the
counsel for the defendants in this
case, shall endeavor to confine my
self entirely and strictly within the
lines of argument on the law and the
evidence which are necessary to pre-
sent my views of this case. have
listened with great deal of pleasure
to the learned discussion of counsel
on the other side, to his learned lect-
ure on the law of treason from the
earliest to the present time, but |
must confess that during all his
lengthy discussion on that subject
am at total loss to see where one
particle of authority that he has
cited bears at all on the motion at
bar, the motion that is presented to
your Honor. There is no question
but what the law as stated by the
counsel is good. The law as stated
by him in England is good in Eng
land, the law stated by him of the
United States is good in the United
States; but, as your Honor is well
aware, the United States constitution
defines The crime of treason 10 be,
that treason shall consist only in the
levying of war against the Govern
ment of the United States or in adj
herring to its enemies. Under that
. definition if the counsel was TO bring
I into Court all the law books in the
United States and all the law books
in England filled to the brim will
authorities on that construction, they
could not bear one particle on oul
; law here.
, | have examined the statutes OF
treason within the last few weeks a!
thoroughly as The books contained in
this Kingdom would allow, and
must say that nowhere have l fount
Il statute similar to our statute on thu
subject of treason. The charge mad
against these men is that of plot o
attempt to destroy Her Majesty th'
Queen, that is the charge upon whicl
, we ask to have them committed
Treason is defined by the Penal Code
Chapter six, section one, as follows
Treason is hereby defined to be any
plotting or attempt to dethrone o
destroy the King or the levying 0
war against the Kings Government
! or the adhering to the enemies there
. of, giving aid and comfort, etc,
+ There are there if your Honor pleas
three distinct offenses which are trea
son. The first is tue plotting or tn
, attempt TO overthrow or destroy th
King or dethrone the King the next
distinct definition of treason is tn
. levying of war against the King
y Government, and the third one and
. distinct definition of treason, is ad
herring to the enemies of the King
Government, or the enemies OF tn