The Daily bulletin. [volume] (Honolulu [Hawaii]) 1882-1895, 1893-12-07
THAT ALLEGED MISCONDUCT.

THAT ALLEGED MISCONDUCT.
Prosecution Comes to Rest-Respon-
dent Wundenberg on tho Stand.
The hearing of the charges of mis-
conduct against Deputy Clerk Wun-
denberg was continued before the
Supreme Court yesterday afternoon.
j. M. Vivas was the last witness
for the prosecution. He and r. w.
Wilcox were talking politics in V. V.
Ashford's office when respondent
walked in; he advised witness, if he
was sure of tho fact, to tell Commits
sioner Blount that tho troops were
landed from tho U. S. S. Boston be-
fore the revolution. Wundenberg
had called U. S. Minister Stevens
san old rascal" He also denounced
tho Provisional Government. The
prosecution rested.
Mr.. Wilcox stated that respondent
did not show any signs of excite
ment, and he did not use certain
language attributed to him by Vivas,
at least he had not heard it.
Fred w. Wundenberg, the respon-
dent, was put on for defense. He
made general denial of statements
made by Vivas. The names of Blount
and Stevens were never used by him
in the meeting in Ashford's
office. AS to using the language
"God damn the Provisional Gov
ernment," that was entirely false.
Respondent was as innocent of using
the word "God" in that sense as he
was of taking liquor. He may have
used the word damn" AS to re-
port made by Cathcart, it was only
joke in Cecil Browns office. 1t
was something about floating some
Government people on the lumber
in Wilder's lumber yard out to sea,
and they'd be singing "Ten thousand
miles away" He did not believe at
the time that Cathcart had taken it
so seriously. On cross-examination
Wundenberg stated that he had at
tended meeting at L. A. Thurston's
house, Saturday evening, Jan. II,
one at w. r. Castles house, Sunday,
Jan. Is, and another on the Monday
following at Fl. Warehouses;. From
the latter place a committee went
to Stevens. He was asked by H. E.
Cooper to sign some document,
which he understood contained an
appeal for assistance from the U. S.
Minister. He refused to sign it.
Was opposed from the start to an.
nexation, and only accepted the
position of Marshal in the interest
of law and order. Was pressed by
w. O. Smith and j. II. Soper to take
the position. After a few other
minor questions and answers the
Court adjourned until 10 o'clock
this morning.
W. o. Smith, Attorney-General
was called on the stand this morn.
ing. He deposed that he was not
made acquainted with the full state.
.ment of Marshal Hitchcock until q
few days ago. Heard about the
meeting between Wnndenberg and
Cathcart in Cecil Browns Office :
few days after it occurred. Knew
of an investigation by the Supreme
Court and its outcome. The wit
ness deemed it his duty to bring the
inquiry, and was not actuated by
articles which appeared in tho Star
or other outside influence. The
statement purported to have beer
made to Biount had something to
do with it.
Chief Justice Judd stated to coun
sci that other evidence had come t.
the Court directly, and he would
give it out. After argument Mr.
Judd said that for one week afte
the revolution tho Justices lost sigh
of respondent but he finally CAM
back while Court was in Arion hall
He was sullen and showed sup
pressed emotion. He told Mr.. jude
that the Attorney General haC
broken faith with him. He hac
been offered the position of Marshal
and Mr.. Smith had gone back o.
his word. The Chief Justice foun,
out later that the kick as to his ap
pointment was in the council, am
told respondent so. About tn
Cathcart incident Mr.. Judd receive,
letter from Mr.. Hatch addresses
TO the Annexation Club. On invest
CATION the matter was satisiactorii
settled. Prior to this he had pei
sonally cautioned respondent abou
using certain language.
Judge Cooper, of the Second Gil
cult Court, was called in rebutta
Witness did not remember askin
respondent to sign any papers j
January. After the arrest of Messr
Ashford and Wilcox in June, lS9
had asked him to sign a paper asl
ing the u. S. Minister to assume
protectorate over the then govern
ment on account of rumors of trol
BILE. Might have asked Wundel
berg to sign as special police durin
the revolution in January, On eros
examination the Judge stated tn;
he was chairman Of tho Commit,
nI ca fnI ~ ~, Innnnr,r IILI :.