The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1892-05-31


comfortably filed yesterday morn
ing at 10 o'clock when Justice Dole
entered His Honor at once com
menced to read his decision re-
garding the demurrer entered by
Mr.. A. S. Hartwell, as counsel
for the defendants, and before he
was half through with the docu-
ment, the auditors were aware that
the defendants objection was over
ruled. 1t will be remembered that
the demurrer was interposed on
last Thursday.
AS soon as the decision was
made known, Mr.. Hartwell noted
an exception, and asked for an
appeal before the Supreme Court
in banco. Counsel on both sides
argued pro and con, and the
issue was that Justice Dole sent
for Chief Justice Judd and Justice
Bickerton
Mr.. Hartweil then addressed the
Court in banco as follows:
If the Court please, the charge of
treason having been made against Y.
V. Ashford, Robert w. Wilcox and
others on q warrant issued by Judge
Dole, / think week ago last Thurs
day; the defendants were arrested on
Friday morning and produced before
Mr.. Justice Dole here upon Monday
morning. Counsel for the defendants
then appeared and requested speci-
fication of the acts which the prosecu
ton relied upon as constituting trea-
son. Such specification was furnished
counsel for the defendants on We'd
nesday afternoon, if / remember cor
rectly, and q demurrer in behalf of the
defendants, and signed by each de-
PENDANT, was filed and presented before
Mr.. Justice Dole on Thursday morn
ing, demurring to the specifications on
the ground that they set forth no act of
treason, as we'll as because they pur-
ported to set forth two distinct felo-
MES, namely, an attempt to levy war,
and to plot and attempt to dethrone
the Queen. / think that covers the
substance of the demurrer. That de-
ruled by Mr.. Justice Dole, who has
read q written opinion stating his
reasons why he has so done. The
defendants counsel therefore appeal
to the Full Court from the overriding
of the demurrer, and the appeal is
perfected, so far as payment of costs
is concerned. The objection was made
by the AttOrney-General that no APP
peal lies in such matters, and that of
course is the preliminary question
that comes before the Court. Counsel
for defendants claim that, although
Mr.. Justice Dole, in issuing the war
rant and hearing the charge, acts in
the capacity of committing magis
trate under Section $40 of the Com
piled Laws, which gives to the JUS
tees OF the Supreme Court at Cham
bers power to issue warrants for the
apprehension in any part of the king
dom of any person accused under oath
of crime or misdemeanOr, and to eX-
anime and commit such person tC
prison for trial nevertheless, the
Justice of the Supreme Court eXer.
cising the power given by that statute
remains Judge of the Supreme
Court, the Clerk of the Court attends
the records are kept-it is q Court o.
Record. The fact that the prosecu.
ton i'll any instance sees fit to &C
before Justice of the Supreme Court
for q warrant for the apprehension
of anybody and for his examination
does not reduce such Justice of the
Supreme Court to the capacity of 6
Police or District Judge, who by the
statute keeps no record of the proceed
ings, and is not confined to form. AnC
1t is understood that proceedings of al
kinds, criminal and civil, before the
District and Police Justices are en-
tirely informal; that special pleas are
not expected to be entertained. I con
tend i'll this case the nature and par
ticularity of the acts relied upon a.
constituting the crime of treason hav
ing been laid before Mr.. Justice Dole
Justice of the Supreme Court, anC
having been demurred to by the de
PENDANTS as insufficient and otherWis,
Objectionable, and that demurrer hav
ing been Overruled, that the statut,
necessarily gives to the defendant
the right of appeal. Under Section
S59 an appeal may be taken to tn,
ruiz Court in bancO from any decision
Judgment, order Or decree made by
any Justice of the Supreme Court a
Chambers taken on the record and 81
on. Nothing in this section contained
shall be construed to permit an appea
to be taken from any order by any
justice allowing any warrant, attach
ment, writ or other process, or for the
taxation of costs or any other order o
a like nature. The overruling of the
demurrer is not the allowing of the
warrant, that has already been al
lowed, and | contend that there is ne
reason why this appeal should not bt
heard by the Court in Banco, but tina
there is statutory reason why i
should be. And in addition to that
there are very important public rea
sons why the appeal should now b,
entertained by your Honors.
The counsel for the prosecution
replying to Judge HartwelI, stated
that no appeal can be from thu
decision of Justice Dole in the matter
he added also that there was no Law
IN the Penal Code or the statutes tina
allows an appeal from q ruling on
preliminary trial.
The Court, after n brief recess. de
clded that no appeal could be granted
and the trial proceeded.
THE FIRST WITNESS.
George w. Nawaakoa a special police
man, was called as a witness for the
prosecution. His story is in substance
as follows: The witness was reuueste
IN April last TO join an organization Gale
the Hawaiian Patriotic League. The re
quest; rnoHa Nv