The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1892-05-27

fact that there was no grand jury ID |
this country. Certain charges
in courts where English law
was in operation except this were
made either by presentation to
a grand jury or on information
Of the Attorney General. Such in
formation could always be demurred
or pleaded to, and this case was per
fectly parallel. 1t would follow 9th
erwise that defendant could be put
on trial on the gravest charge sub
ject to all the risks and uncertainties
of jury trial, with no man in the
community to say whether the
charge had been legally presented.
That was not in accordance with JUS
tice, nor, he conceived, with the laws
of this kingdom. All the counsel
concerned, and the principal defend
ants. were agreed that His Honor
might reserve all such questions of
law to the full Court if necessary. In
a question so important, affecting the
welfare of everyone, it was important
that such a course be taken.
Mr.. CREIGHTON contended that the
observations of counsel were not In
point. There was no parallel between
this charge and an Indictment or in
| formation. This was nothing but a
preliminary charge. His Honor was
simply in the position of commit
ting magistrate, and the usual course
must be followed. It had been held
time and time again that. a mere YER
bal charge was sufficient.
By THE COURT: Such examinations
are necessarily informal, and only q
probable cause has to be shown, and
I suppose that an informal charge
would have been sufficient In this
case. But, as another course has
been followed, it would be against
the public interest to not allow the
defendants to object to the state
ments of the charge, although it is
unusual, and I will allow it.
The ATTORNEY GENERAL said His
Honor had no power whatever to re-
serve such question for the full
Court. This was an examination for
committal simply. How could the
Court reserve in matter of this kind
when a simple charge of treason or
murder would have been sufficient
for the purposes of the examination
Dole, j., held that it was his duty
to hear the case singly; the oppor-
tunities to submit questions of law
to the full Court would occur later
The counsel accordingly proceeded
to the argument of the demurrer.
JUDGE HARTwELL read the defini.
ton of treason. It consisted of three
things: (D plotting to dethrone or
destroy the king; ~ levying wal
against the kings government; 81
adhering to the enemies thereof. Ii
must be one or more of these three
things. It must be an act, not a word.
An overt act was necessary. No one
could be convicted unless by two
witnesses to an overt act of treason.
That meant also that the overt act
must be charged.
however grave the offense might be,
it would not be treason. (Judge
Dole: Will not that point come up
in the triaD. We cannot, if Your
Honor please, be held to trial
for treason on a charge of at
tempt only. do not doubt q crime
is charged here but it is not treason.
1t is not enough to charge treason
without any specification of the par.
ticular acts of treason. We have a
right to require that at this stage OF
the case. Moreover, this right has
been granted us, and assume that
the Government, after all these
months, has collected its evidence
The expressions in the charge are
taken from English statutes which
have no force in this country. I'm
agining" the Queens death is nc
offense in this country. Our statutes
provide for the punishment of at
tempts not otherwise provided for
attaching penalty of ten years i'm
prisonment where the principal of
Tense was punished with death. Tn,
charge lays two distinct crimes, on'
Of which is a mere attempt, punish
! able with ten years. Imprisonment
while the other is treason and pun
+ ishable with death. There are twc
distinct felonies, and the defendant
cannot be tried for both together 4
, mere attempt to dethrone the Queer
is not a sufficient averment in a tria
for treason. There must be some &C
,, in partial execution of the attemp
averred. What act is here set forth
Is it plotting to dethrone the Queen
That would be equivalent to charging
: a plotting to dethrone the Queen, b,
; plotting to dethrone her =! So in tn
matter of levying war. The forcibl
acts must be averred. The acts con
: stituting the attempt must be speci
! fed. Were they making speeche
j attacking Government officials? I
so, let them be specified, and W
: meet again in demurrer
r Counsel said that he did not ignor
the fact that the attitude of the de
PENDANTS, as expressed in their pub
lie speeches, and their supposed o
alleged intentions, were considere,
by the community generally, anc
! counsel was willing to say tina
he shared in that view, as a menac
to life and property. He was no
there to justify any such conduct
} He was almost tempted at first tc
: keep out of the defense of the case
!. listening to mere self-interest ant
policy. But he trusted that he shoult
never so humiliate himself as to de
5 cline to defend the legal rights 0
/ any man on account of public preju
: dice or passion. 1t was his duty t,
: insist, and he did firmly insist, tina