The Daily bulletin. [volume] (Honolulu [Hawaii]) 1882-1895, 1892-06-10

Jue leabue III quSSbOn auNs oiVhV"Sh
three of them had been discharged
from these proceedings before they |
testified, and another had not been !
arrested at all, yet these four were
liable to arrest if they had criminal
ed themselves by their testimony. |
The rest of the witnesses for the de-
Tense were still prisoners under this
charge when they testified. The fact
therefore that they all with one &C
cord denied having used, or partici-
pated in, or been cognizant of, the
acts of plotting testified TO by the
witnesses for the prosecution, is not
sufficient in my mind to affect the
evidence against the remaining de-
PENDANTS, those present at the meet
ing of May 8, to the extent of JUST
flying their discharge on the ground
of want of probable cause for be-
lieving that a jury would convict
upon the evidence submitted. Mr..
Markhams testimony, that one
of the objects of the league was TO
oppose revolution which they un-
derstood was contemplated by the
Queen, not only stands alone but is
positively denied by four of the other
witnesses for the defense. The pris
oners Wilcox and Ashford, who APP
pear by the evidence to be leaders of
the movement, showed great unwill-
ingness to submit TO general cross
examination within narrow lines.
This refusal on their part to submit
to general cross examination weak
ened considerably in my mind the
effect of their denials.
The evidence against the persons
who were present at the meeting of
May 8, is considerable and circum-
stantial. Two witnesses testify TO
the explanations by Wilcox of the
purpose of the league, which was TO
change the government into repub-
lie by force of arms. Upon this basis,
apparently, new members were sworn
in and the old members renewed their
oath of fidelity TO the league. These
witnesses, Warren and Kaapu, are
not impeached in any way. They
are not shown to have testified under
pressure of any inducement. The
evidence of the prosecution in rela-
ton to the various meetings held by
the league, strongly characterizes
them as secret gatherings for some
unlawful purpose. Until the meeting
of May s, this purpose develops no
more definite character than generally
to levy war against the government,
for forcing some notifications of its
fundamental law, but at the latter
meeting the conspiracy advances to
the more positive stage of plot to
substitute a republic for the mon
archy, not by legal means but by
force of arms.
/ do not feel that those of the pris
oners who were present at this meet
ing are entitled to their discharge
upon the evidence before me. 1t is a
case for jury, there being probable
cause to believe that jury would
convict upon the evidence adduced
in this examination.
Under the foregoing ruling the fol-
lowing prisoners are discharged:
j. w. Bipikane,
Kaimimoku,
Manuel Ross, Jr.,
V. V. Ashford,
Geo. Maxwell, and
Geo. Markham;
and the rest, whose names are:
r. w. Wilcox,
Lot Lane,
r. Palau,
John Brown,
Kaohiwaena, and
Keliikuewa,
are committed for trial in the Su-
preme Court on the charge of trea-
son by plotting or attempt TO de-
throne or destroy the Queen.
(Signed,)
SANFORD b. DOLE.
Acknowledgement Whiting, Deputy
Attorney General Creighton, and A.
Rosa for Crown; Hartwell and Castle
for defendants j. NJ. Davidson for
r. w. Wilcox.
Mr.. Creighton stated that he was
authorized by the Attorney eneral
to say that proceedings for conspir-
acy would be instituted Immediately
against the defendants who were dis
charged.
MIR. Hartwell observed, with re-
ference to remark In the decision,
that the evidence of Wilcox and Ash
ford was confined to the limits noted
solely by his advice.
The Court--Of course l did not
suppose that it was without advice OF
counsel.
Mr.. Hartwell-They earnestly de-
sired to 60 fully into the matter. He
bespoke an early trial for the de-
PENDANTS committed.
Mr. Creighton would try so far as
he was concerned TO have an early
trial.
MIR, Hartwell desired that the
manuscript used by Nawaakoa be
preserved.
Mr.. Creighton could not conceive
the purpose of counsel's address this
morning. The memoranda were moi
part of tho case, they were not filed
in the case, they were no part of the
record, and he claimed he had {