The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1892-06-03

Queen and establish an independent
republic. They had proved that the
meetings had been secret; that they
were in fear of the police; that they
were advised TO bring firearms; that
it was discussed when to attack the
Palace; that Col. Ashford said he
would get a hundred revolvers, be-
cause they could be hidden under the
coat. Overt acts had been proved
that they had been advised to buy
arms: that Mr.. Markham went around
inquiring, and purchased a rifle. If
those are not overt acts in preparation
for using force, the speaker did not
know what would be such. The crime
of treason in q case of this nature
must be proved by all the acts of the
defendants, inside and outside Of their
meetings, and their words. From all
that had been proved, only one infer
ence was possible, and that was that
these defendants were preparing to
dethrone the Queen. How could plot
ting be proved except by words? The
counsel contended that he had suffici-
emily answered all the points raised
in the motion. He submitted that it
had been proved by the evidence of
more than two competent witnesses
llldl DScH LII
any case the rule of evidence before
grand jury was less stringent than on
trial. A conspiracy was plainly in
yolved in the facts proved. Words
alone might be the crime itself. He
did not desire to refer to public feel
ing, because he thought it had moth
ing to do with the case. 1t was, how
ever, lucky that the defendants were
not being tried by the public, because
there would be a unanimous verdict
of guilty. There was plain ground
here for a jury to convict, and he sub
| mitted that the defendants should be
committed.
Mr.. Davidson said it was hardly
worth his while to refer to any more
law, as it had been exhausted in the
learned argument of Mr.. Hartwell.
| These men were under examination
for capital offense. Had they COM
mitted any overt act? Had they
plotted? They had met, it was true,
but not with much secrecy. Even
soldiers had been admitted freely.
| The object had been equal rights,
and if that was treason, we were all
guilty. Those who did not want equal
rights, should be sent to Botany Bay.
There were colored statements GER
tainly, colored by too much zeal on
the part of some Government Off
Gals. A witness had stated that he
had been threatened with execution.
That was not proper in any civil
lied land. 1t was not necessary to
summarize this evidence as His
Honor had his notes. 1t did not show
any plot by these men. They were
bound together by oaths, but so were
Masons. On one occasion there were
two empty pistols there. The wit
ness was willing to believe to help
the prosecution out that there were
cartridges in someone's pocket. No
thing was said about attacking any
particular person or place, but to go
to the Parliament for redress. Is
there any harm in that? If they have
no right to assemble they are the
most degraded slaves on the face of
the earth. / look on their faces and
see nothing degraded there. They
had right to assemble at night if
they chose. No obligation was
placed ON them by oath to do
anything and nothing was said
half as bad as what has been
said in public meetings. The speaker
said he took no interest in politics,
never having voted in his life. He
couIu nardly govern nlmself, and did
not want to govern or assist in gov
erning anyone else. But anyone
could see that these people were after
reforms, as they called them. We
have learned experience by the suffer-
ings of great people-the English
under harsh laws-and have learned
to protect the rights of the people.
There were other matters of which
he might speak, but he knew that
the Judge, audience and prisoners
were weary. He confided in His
Honor's knowledge of the law and
well-known impartiality, and believed
that, upon this evidence, a jury would
acquit without leaving the box.
Acknowledgement Whiting called
the attention of the Court to Ha-
waiian case, which he contended was
in point.
The Court took the case under adj
visement, and adjourned at 400.
|