The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1893-08-24
The Evidence Adduced So Far
is Strongly 3 against
the Prisoners.

Judge Whiting yesterday morning at
e:45 O'Clock. The foreign jury filled
the auditorium on one side and spec
tators and witnesses filled the balance
of the room and the corridors.
Walker and Sinclair were attired in
neat gray suits and sat at a 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
ent, as was British Minister Resident
Wodehouse and Hon. Mr.. Fujii,
Japanese consul-general.
Attorney General w. o. Smith, as
sisted by Judge A. 5. Hartwell, ap-
peared for the government.
In securing jury, w. F. Love and
]. j. Sullivan were challenged by the
government, and Messrs. J. Steiner,
C. b. Ripley, G.. p. Castle, E. w.
Jordan, s. c.. Wilder and II. f. Wich-
man were challenged by the defense.
r. J. Green was excused for cause,
being a government officer. Messrs.
J. K. Wilder, G.. Bosse and l.. c..
Ables were excused by the court,
having formed opinions on the case
when tried in the lower court.
At IL o'clock the following jury was
obtained and sworn: j. b. AnGerton,
Charles Lucas. f. w. Macfarlane, S.
/. Shaw, Charles Mccarthy, +. j..
Lowery, Henry Davis, Tom May,
Thos. /. Douglass, Godfrey Brown, T..
Lewis and j. j. Egan.
Mr., Peterson asked to have the wit
,,oSSaS DIaced 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 win
Walker: had conversations with
Walker on more than one occasion
him on Fort and Hotel streets one
evening with John Bowler.
Mr.. Creighton objected to any state
ments made by defendants until con-
sniracy was laid. He read from the
law and American encyclopedia:
Acknowledgement Smith Withdrew
the question.
VoN TOPAZ, continuing: The last
conversation was week before l gave
evidenee below; it was at the Royal
saloon; Messrs. Prescott and Sinclair
we're there.
Mr.. Creighton objected that state
ments were not admissible TO prove
conspiracy, (cited and read law ana
eases claimed there must be some
acts showing the intent to overthrow
the Provisional government before
the declarations can be admitted. Inc
declarations made in a bar room are
not admissible until foundatlon
showing q conspiracy has been lald.
oonnnt ha moved DIV de-
cIarations. The evidence is not adj
missible at this stage:
Judge Whiting held the evidence
to be admissible.
Defense excerpts.
Agreed that exceptions hereafter be
taken from the stenographers notes.
Won Topaz, continuing: walker
and Sinclair were present. DOM were
not present all the time; Walker was
there first: / introduced Prescott
To him; after a while Sinclair
came in: Walker sent him out; he re-
turned a second time; l listened 10
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 ne hau arnl9 aiu
S-an1unition sufficient for twenty men
hid but did not say where; Sinclair
said ne was in favor of annexation,
hut was opposed to the missionary
Government; the government was
mostIv missionaries; Walker SAID ne
had been in military service; walker
went cut to see that everything was
all right; Sinclair said lt wouIu DC
best for Prescott to leave the govern
uoent service; there would be a change
soon: when Sinclair came back wanted
70 know what we had been talking sc
iongabout: Sinclair broke telephone
1vire ON a telephone in the roomi ne
said If it was left whole the centra
office could hear everything tneT'
was nothing said about traitors WINS
Sinclair and walker were Pn;
that was told me while alone; Slhciai
and Walker said the annexation clu'
was nothing but Portuguese; salu III
had arms for twenty men In MS oW l
DIace: we had something to drlnt
while there; Walker furnished IL.
MIR. CREIGHTON objected to any
conversation had with Walker alone
JUDGE WHITING announced ina
argument would be continued ate
recess at 1:30 o'clock.
JUDGE WHITING ruled In FAVOR
admitting the evidence objected 4
when the court assembled ut the after
noon session. -
Won Topaz, continuing:
ExnIained that Walker claimed con
nection could be had unuergSoun
with the palace; Walker had said the;
had gangway underneath the ground
but did not explain himself further
Mr.. Prescott asked how they T T;%n,
blow up the building, but he d : II In,
explain himself; Sinclair came In te,
minutes after we came; he came pacI
an hour after; when he anne PACE
said he would come in anyway; toI'
Prescott the barracks was no place 10
him; the quicker he left the better
met him (Walkerl a week or two DE
fore; don't exactly remember Whenj
reported it to Captain Good, who TOO
1t down; the first time Walker aske,
how was getting along / told him
was getting along well; getting $40
month and good p. G.. grub; Bowie
gave Walker some money after w
met, and we went to the Bay Hors
\ saloon; said there would be a chang
\ soon; the queen was to be restored
\ DO not remember whether Bowler wa
present; Walker said for me to dra'
my $40 and waltz he would eXplal