The Hawaiian gazette., 1893-08-29
Quilted.
Evidence for the Prosecution.

Walker and Archibald Sinclair were
called in the circuit court before
Judge Whiting yesterday morning at
9:45 o'clock. The foreign jury filled
the auditorium on one side and spec
tators and witnesses filed the balance
of the room and the corridors.
Walker and Sinclair were attired in
neat gray suits and sat at table with
their counsel, Messrs. a. P. Peterson
and Charles Creighton. Hon. Paul
Neumann, who, it is understood, will
sum up for the defense, was also pres
emit, as was British Minister Resident
Wodehouse and Hon. Mr.. Fuiii,
Japanese consul-general.
Acknowledgement W. o. Smith, as
sisted by Judge A. S. Hartwell, ap-
peared for the government.
In securing a jury, w. F. Love and
]. ]. sullivan were challenged by the
government, and Messrs. ]. Steiner,
c. B. Ripley, G. P. Castle, E. W.
Jordan, s. G. Wilder and h. F. Wich-
man were challenged by the defense.
R. ]. Green was excused for cause,
being a government officer. Messrs.
]. X. Wilder, c. Bose and L. c.
Ables were excused by the court,
having formed opinions on the case
when tried in the lower court.
At II o'clock the following jury was
obtained and sworn: J. B. An6erton,
Charles Lucas. F. w. Macfarlane, S.
1. Shaw, Charles Mccarthy, F. ].
Lowery, Henry Davis, Tom May,
Thos. /. Douglass, Godfrey Brown, E.
Lewis and J. ]. Egan.
Mr.. Peterson asked to have the wit
nesses placed under the rule.
Judge Hartwell stated the case for
the prosecution and read the indict-
ment.
SIMON Won TOPAZ sworn: Am a
private in Company E have been for
seven months; am acquainted with
Walker had conversations with
Walker on more than one occasion
with reference to government; met
him on Fort and Hotel streets one
evening with John Bowler.
Mr. Creighton objected to any state
ments made by defendants until con-
spiracy was laid. He read from the
law and American encyclopedia.
Attorney-General Smith withdrew
the question.
Won TOPAZ, continuing: The last
conversation was week before l gave
evidence below; it was at the Royal
saloon; Messrs. Prescott and Sinclair
were there.
Mr.. Creighton objected that state
ments were not admissible to prove
conspiracy, (cited and read law and
cases. claimed there must be some
acts showing the intent to overthrow
the Provisional government before
the declarations can be admitted. The
declarations made in bar room are
not admissible until q foundation
showing a conspiracy has been laid.
Conspiracy cannot be proved by de-
clarations. The evidence is not adj
Missile at this stage.
Judge Whiting held the evidence
to be admissible.
Defense excerpts.
Agreed that exceptions hereafter be
taken from the stenographer's notes.
VoN Topaz, continuing: Walker
and Sinclair were present; both were
not present all the time; Walker was
there first; l introduced Prescott
to him; after a while Sinclair
came in; Walker sent him out; he re-
turned second time; I listened TO
the conversation; Walker stopped
talking and Sinclair spoke to Prescott
about leaving the army and spoke
about getting twenty men out of the
guards; Sinclair said he had arms and
ammunition sufficient for twenty men
hid, but did not say where; Sinclair
said he was in favor of annexation,
but was opposed to the missionary
government the government was
mostly missionaries; Walker said he
had been in military service; Walker
went out to see that everything was
all right; Sinclair said it would be
best for Prescott to leave the govern
ment service; there would be a change
soon; when Sinclair came back wanted
to know what we had been talking so
long about; Sinclair broke telephone
wire on telephone in the room; he
said if it was left whole the central
Office could hear everything; there
was nothing said about traitors while
Sinclair and Walker were present;
that was told me while alone; Sinclair
and Walker said the annexation club
was nothing but Portuguese; said he
had arms for twenty men in his own
place; we had something to drink
while there; Walker furnished it.
Mr.. CREIGHTON objected to any
conversation had with Walker alone.
JUDGE WHITING announced that
argument would be continued after
recess at 1:30 O'Clock.
JUDGE WHITING ruled in favor of
admitting the evidence objected to
when the court assembled at the after
noon session.
Won Topaz, continuing:
Explained that Walker claimed con-
inection could be had underground
with the palace; Walker had said they
had gangway underneath the ground,
but did not explain himself further;
Mr.. Prescott asked how they would
blow up the building, but he didn't
explain himself; Sinclair came in ten
minutes after We came; he came back
an hour after; when he came back