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

his initiation, but said that Ashford,
Wilcox, Markham and many others
were there The witness took an cath
that commenced with Fidelity TO the
League" and ended with death to all
traitors" The object of the League was
TO have equal rights and the future was
to develop the way. II it was necessary
to resort to arms it must be done. The
next meeting took place on April 18th, at
which time Wilcox advised his hearers
to get guns. Ii any members were un-
able to purchase them, the committee
would supply them with arms.
IN THE AFTERNOON.
The Court reassembled at Is % and the
Acknowledgement continued the examl-
ination of
Geo. Nawaakoo-The witness testified
that he was present at about fourteen
meetings. He had made notes OF every
thing; he had a memorandum OF the
meeting of the 18th OF april.
Judge Hartwell objected to the pro-
duction OF any memorandum.
The Court don't think it would be
evidence
Deputy Attorney General-The object
is to refresh his memory simply.
Judge Hartwell knew OF no authority
for any such course.
Mr.. Creighton said there was no doubt
at all as to the right OF witness to refresh
his memory.
Judge Hartwell wished an authority
for that proceeding.
Mr.. Creighton said there was author
ity in Greenleaf which could be produced
if it was desired to go into the elemen-
tary rules of evidence.
The book was sent for.
Judge Hartwell referred to a case in
| the Sd OF Haw. to show that evidence of
this kind was only admitted as an ex-
| ception, ex necessitate. The witness
| had had opportunity to show these men,
oranda to counsel for days or perhaps
weeks. Their use was not necessary f.;
! the witnesses memory had been precise
and full 1t would be illegal and a
course fraught with danger if witnesses
were permitted to come in and sread off
what they intended to testify. We do
not know who participated with the wit
ness, if anyone, in preparing these state
ments.
The Court said the witness could not
of course use them unless he remembered
| indie pendently the facts contained in
! them The authorities seemed to favor
| the rule, without an exception in crimi-
nal cases.
Mr.. Creighton cited a criminal case in
California in which the rule was sup
ported.
Judge Hartwell said the decision gave
no reason at all, land none could be
! given in criminal cases. 1t was not law
here unless the Court made it 50 by its
decision.
The Court said The rule must be ap.
piled with caution. The authorities
however all seemed to support it and he
would have to admit it.
Judge Hartwell claimed the right for
! counsel to see the memorandum.
Mr.. Creighton said the law was
against counsel on that point also.
Judge Hartwell-I will make no srgu-
ment, but 1 solemnly protest.
| The examination proceeding the wit
ness stated that he took notes during
the meeting and Strengthened them out
as soon as he got home after the meet
| ing; that would be in less than half an
hour. The paper he held was not writ
ten in the station house, but at his own
house.
Judge Hartwell said only the original
notes could be produced; no straighten-
ing out would be admitted.
The Court said that such memoranda
as the witness made Immediately at the
witnesses house would not be a copy.
The Court ruled that counsel could no
look at the memoranda.
The witness continuing, said the meet
ing was April 18th, at the house of Bipi
kane. Col. Ashford, r. Wilcox, self
Bipikane, Lot Lane, and Kahahawa
were present and some others. Maxwell
was the Kapai ManuelRoss, Kaimimoku
Hermann Kaouli, Kaohele, Kaoni, Hoo
phi, Klha, Kamakaokalani. ASHORE
asked Mr.. Wilcox to explain the object
of the League. Mr.. Wilcox asked tn
new members if they knew the objects O
the League; they said no. He said i
was equal rights, which could not b
got with Bolabola at the head, who wa
fool and didn't know anything. Tn
next meeting was the following night a
Bipikane's. Ashford, Wilcox, Bipikane
Lot Lane and few others were present
Col. Ashford was in the chair; Wilco
was interpreter. The object was to re
were sworn in by Col. Ashford. The oat
: was administered in English and transla
!, ted into Hawaiian. The oath was as hay
already stated. Wilcox said buy arms
and those who cannot buy any the com
mittee will find a way. Let us prepar
ourselves to shed blood. Names wer
proposed and admitted but not sworn i
until the next meeting. Olepau, Hiku
, Kinolau, Hoomanawanui, Ku and Pu
,, lille were admitted that night. Other
present were Kaimimoku, Brown, Ka
ona, Kaahiwaena. These are anon
the defendants here don't see Kaona
The next meeting was the followin
night at Col. Ashford's on the Goth {
April this year. Ashford was chairma
5 and Wilcox interpreter. Swearing i
new members was the object of tn
7, meeting. Kamaka was there; Kamoe
honua, and think Halopapela. VIVA
was done was similar to the forme
e meeting,
: Col. Ashford-If your Honor please
can't hear half the witness says.
The Court requested witness to spea
4 louder.
The witness continuing, stated h
, made memoranda as usual. The mex
meeting was held on the oath OF Apr
{ at Col. Ashford's. This was a meetin
, of the Central Committee; it was to dc
eide how to attack the Government
| Col. Ashford presided; Wilcox wa
there, self, Bipikane, kahohawai an
others. Col. Ashford favored attackin
2 before the opening of the Legislature, a
l there would only be few men to cop
with; afterwards there would be NOR
men than we could take care of. If W
got arms and took the Palace they woul
/ hold q session aDd och What