The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1892-05-27
The TirtsCm Case Comes Up
FOR argument
Jude Dole Takes the Case
Under COnsiGeratfon-C Con-
inuance Until Monday.

AlOA u4uS III inc OupIcIlS SOuIb IOOlI
excited very general interest. Before
the appointed hour the Postoffice We
randa and steps were filed with a
crowd eager to see the prisoners go
by, aud there were many spectators
all along Merchant street. The
Court room itself was thronged with
people, many Of whom were foreign
ers. Everything went off, however,
in perfect quiet
Promptly at 10 A. NJ. Judge Dole
entered the court room, and at 1905
Deputy Attorney General Creighton
read the charge against the prison
ers, which at the request of defend
ants counsel, was translated into
Hawaiian. Judge Hartweil read the
demurrer OF the defendant, V. V.
Ashford.
The following is the charge:
Said defendants Wv. Ashford, Rob-
ert W. Wilcox, George Markham,
Kaohiwaena, Baloka, Kahahawai,
John Brown, Manuel Ross, Jr., George
Maxwell, Robert Palau, KaimiOku,
Jim Crow, Alex. Smith, Manuel Es-
pinda, Kila, Lot Lane, J.W. Bipikane
and Keliikuewa, being inhabitants
of and residents within the Kingdom
Of the Hawaiian Islands, and under
the protection of the laws of the said
Kingdom, and owing allegiance to the
Kingdom of the Hawaiian Islands,
not weighing the duty of their said al
legiance, but in contravention of the
laws and in opposition to the author
ity of the Queens Government and
wickedly devising and intending to
disturb the public tranquility of the
said Kingdom, did unlaWfully, falsely.
maliciously and trait0rously compass,
imagine, plot; attempt and intend to
raise and levy war, Instruction and
rebellion against the Queens Govern
ment, and to dethrone and Destroy
Her Majesty the Queen, and in order
to fulfil and bring into effect the said
traltorOus compassings, imaginations
and intentions of them, the said V. V.
Ashford, Robert w. Wilcox, George
Markham, Kaohiwaena, Baloka, Ka-
hahawai, John Brown, Manuel Ross,
Jr, George Maxwell, Robert Palau,
Kain1imoku, Jim Crow, Alex. Smith,
Manuel EspiIda, Kila, Lot Lane, j.
w. Bipikane and Keliikuewa, did.
with divers other persons also owing
allegiance to the said Kingdom, UNI
lawfully, maliciously and traitorously
assemble aud gather together on the
10th day of April, 1892, and on divers
days thereafter up to and including
the 10th day of May, 1892, in Honolu-
lu, Island of Oahu, and then and
there so plot and attempt as aforesaid
contrary to the duty of allegiance of
the said V. V. Ashford, Robert w.
Wilcox, George Markham, ::Kaohwa-
ena, BalOka, Kahahawai, John
Brown, Manuel Ross, Jr., George
Maxwell, Robert Palau, Kaimimoku,
Jim Crow, Alex. Smith, Manuel Es-
pinda, Kila, Lot Lane, J. w, Bipi-
kane and Keliikuewa, and against the
statute in such case made and pro
vided.
The following is the demurrer:
l. That there is no sufficient aver.
ment in said charge of any act or acts
constituting the offense of treason as
defined by the statutes of the Hawai-
ian Islands.
2. That the said charge AYERS or sets
forth no overt act constituting the
ottense OF treason as defined by the
statutes of the Hawaiian Islands.
3. That the said charge AYERS or sets
forth no act or acts done by this de.
fendant toward committing, or in part
execution of any intent to commit
the said offense of treason or any of
tense, or which constitute an attempt
TO commit the said offense of treason
or any offense.
4. That the said charge purports
to present two distinct felon.
ious otfenses, in averring that this de-
tendant did attempt to levy wal
against the Queens Government
and did "plOt [and] attempt to de-
throne and destroy Her Majesty the
Queen.u
5. That the said charge is insuffici
ent, uncertain and vague, and set!
forth no criminal act, in so far as il
specllles and AYERS that thi.
defendant did compass, ina
glne or intend to levy war Of
dethrone or destroy the Queen, or tina
TINS defendant, in order to fulfil anC
bring into effect such compassing
imaginations or intention, did assem-
Die or gather together with others, OF
as in said charge averred.
6. That in said charge no act O,
deed which is therein set forth, aver.
red or charged to have been done b1
this defendant, is set out or described
with singleness or certainty, but that
as to every averment therein con.
tanned the allegations are double, in
formal and otherwise defective,
Z. That the said a rOra II
specify and present an Offense as hav
ing been committed by this defendan
other than the Otfense of treason, 70,
Which alone this defendant was ar
rested and held to answer.
). Wherefore this defendant pray
Judgment that the charge herein FLEE
and presented as aforesaid be dis
missed, and that he be hence dis
charged without day.
j. NJ. DAVIDSON, of counsel for r.
w. Wilcox, ct al, read a similar de
murrer for defendant Wilcox.
Mr.. CREIGHTON said that a demur
rer did not lie in a case like the pres
ent. His Honor was not sitting as
Court of Record, but simply as
committing magistrate.
Judge HARTwELL In reply said tn
practice in the lower courts was no
to require nicely in the charges.
was also true, as MIR. Creighton ha
said, that Justice of the Suprem
Court sat as a committing magistrat
merely, but 1t did not follow that b
should not look intothe suficiencyan
legality of SO serious q charge. Eve
the lower magistrate, if competent
would be required to look into tn