The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1892-06-13
Ashford and Five Others are A.
lowed to Depart.
Statesman Bipikane is One OF
the Lucky Ones-RObert VIII
cox and Five Alleged Con-
spirators are Commit
ted for Trial.

of Ashford and others charged
with treason.
His Honor dismissed V. Y. Ash
ford, J. W. Bipikane, G. Maxwell,
G. Markham, NJ. Ross, Jr., and
Kaimimoku from custody and
committed Robert Wilcox, Lot
Lane, r. Palau, J. Brown, Kaohi-
waiana and Keliikuewa for trial
before the next term of the SUI
preme Court.
After the decision was read De-
putty Attorney-General Creighton
stated that the discharged men
would be arrested Immediately on
a charge of conspiracy.
THE DECISION.
Regina VS.. V. V. Ashford, r. w.
Wilcox, Keliikuewa, J. w. Bipikane,
/ Lot Lane, KaimimOku, r. PaIau, G.
Maxwell, Manuel Ross, Jr., J. Brown,
G. Markham, Kaohiwaena.
In my last decision in these pro-
ceedings, filed June 6, ruled that all
| the defendants who were shown by
more than one witness to have been
parties to either of the meetings of
April Is or May s were liable under
the charge as the case then stood. |
have since then given considerable
thought to this conclusion, as regards
the meeting of April Is. At that
| f1anofincr fha ir1oI Inc fOr
in substance as follows:
Nawaakoa-Objecta as stated byWil-
coX-equal rights, how to get them
leave to by-and by or as the majority
of the council decides, but it is most
certain to have to use bayonets. Some
We're advised to buy guns by Wilcox.
The committee will in some way try
to obtain them for those who cannot
buy them. AT the present time we
can't get equal rights, as the Bolabola
is at the head, and he is a fool Took
in and sWOre new members.
Herman KaOuli-Heard about new
constitution from talk among MEM
bers' meeting. Ashford and Wilcox
didn't say anything about new consti-
tuition, but that the way to succeed is
to provide ourselves with guns. The
way to get equal rights is to provide
ourselves with arms. Didn't know
the use to which the arms were to be
put.
Benito Guerrero-We were told that
we would fight for equal rights. Will
cox said, of course we can't get any of
these equal rights without fighting
for them. There was some talk about
a new constitution; the only way we
can obtain it is to fight.
The charge now relied on is plot
ting or attempt to dethrone or destroy
the Queen. Certain of the defendants
who were present at this meeting
were not present at the meeting OF
May s, in which the expression was
definitely directed toward a revolution
by force in favor of republican form
of government. Now, although there
may be evidence upon which jury
might convict those who were at the
meeting of April Is, but were not al
the meeting of the Sth of May, of 6
conspiracy to levy war against til,
Queens government, it is very doubt
full to me if q jury on the evidence
, would convict them of a plotting OF
attempt to dethrone or destroy thu
) Queen; for, under the peculiar features
/ of our civil institutions, it does no
= appear to be an impossible or even al
unlikely thing that war should be
, levied against the government, will
an entire absence of any conspirac!
:. to dethrOne or to destroy the king
t This was in part what took place il
n 1887, and the insurrection of 1889 wa
an attempt in the same direction
: though in both of these movement
l the continuance of the king in hi
official position was doubtless under
9 stood to be dependent upon his recog
= milton of the objects of the revolution
!, lists.
J, A conviction of these men of tn
4 charge against them would only b.
supported upon the inference tina
> the league at that date, April is
was engaged in q plot to dethrone o
: destroy the Queen, but there is n
! direct evidence of the existence O
}, such a plot before the meeting O
May s, unless we take the discussion
}, of the meeting of April "a, in regar
! to the time of making the attack OF
the Palace, to be such evidence, bu
of this meeting there is but one wit
ness. 1t cannot be confidently con
= cluded but may be duly inferre,
e from the evidence, that on the 1Stl
of April the conspiracy had contem
. plated the overturn of the Govern
l. meDt in favor of a republic. 1t doe
not seem to me that jury ought t
convict of serious charge upon sucl
: an inference.
# 1t might also be argued that levy
g ing war against the Government in
q volved plot against the Sovereign
= but [ think that 1 have shown abOv
n that this is not necessarily so.
g therefore desire to modify my forme
: decision in its reference to those O
the defendants who were parties t,
the meeting of April IS, but wer
s not parties to the meeting of May S
i L feel that there is not probabl
4 cause to believe that jury woul,
convict these men of the offense o
treason by 4 plotting or attempt t,
u dethrone or destroy the Queen upol
e the evidence addueed.
: In regard to the ease as to the res
E of the defendants as it is affected b,
u the evidence introduced on their be
half, do not find that this evidence
has materially changed the aspect o
the case. All of the witnesses 70
the defense are admitted members o
!, the league in question and, although
I three of them had been discharged
= from these proceedings before they
|. testified, and another had not beer
arrested at all, yet these four wer,
!, liable to arrest if they had criminatet
). themselves by their testimony. The
r, rest of the witnesses for the defens,
4 were still prisoners under this charg,
- when they testified. The fact there