The Daily bulletin. [volume] (Honolulu [Hawaii]) 1882-1895, 1893-12-06

gued that every man had right to
his opinion, and although respon-
dent had uttered certain language
in his private capacity, nothing had
been said to negative the statements.
1t was incumbent on the prosecu-
tion to prove the words spoken were
uttered in his official capacity, as a
violation of his official oath or duty.
1t was respondents duty when in
terviewed by the United States COM
missioner, j. H. Blount, to give
statements, and these certainly were
not given in his official capacity,
while the establishing of the Gov
ernment was under Investigation Of
the United States. The language
used, "old rascal" etc., may be very
uncomplimentary to that venerable
gentleman, but that was only mat
ter Of opinion. He may express
opinions and use profanity
Chief Justice Judd-Against the
Government whose salary he draws9
Ashford-Yes, against anything.
No one has his tongue tied up and
he may use what language he likes,
Notwithstanding his drawing a sal
ary. With regard to his calling
Government people "sets Of thieves
and pirates" it may have been very
bad taste, but it was worse taste on
the part of the man who repeated
it.
Mr.. Smith wished to exonerate
Marshal Hitchcock Of such an action.
Mr.. Ashford continuing said in
this Western Hemisphere every man
has an unalienable right to his opin-
ion Of the Government. The cur
tailment of this liberty is unheard
Of, and would not be tolerated but
in despotic country. He ventured
the statement that probably respon-
dent had a contemptuous opinion of
Mr.. Cathcart, hence his insolent
language.
Mr.. Smith defended Mr.. Cathcart.
He further stated that the amended
bill was sufficient. He quoted Act
2 of the P. G.. made law on Jan. 20
wherein an oath had to be taken to
an allegiance. There were two pro
visions in this act which had to be
kept and a violation of either is a
misconduct. Respondents conduct
was disloyal. %"
After retiring few minutes the
Court returned unanimous deci-
sion over-ruling the demurrer.
There was some dispute at this
point over the swearing of witness.
es, finally resulting in the Chief Jus
tees administering the oath.
EVIDENCE.
Marshal E. G. Hitchcock, sworn
by Chief Justice Judd-Was in Ho
nolulu March 20; recall the fact by
note in my record book; acquaint.
cd with respondent and met him ir
the Supreme Court clerks office; hao
conversation and it appeared to me
he made very peculiar remarks; first
of damning the Provisional Govern
ment, stating that it was family
compact and that we Hawaiians haC
no part or lot in affairs, strangers
were given principal positions, al
others left out in the cold; it was al
act of pirates and robbers; it was ;
missionary trouble; he appeared te
be much excited; asked him what
was the matter; told him to keeI
his shirt on; that's about the sum
and substance of our conversation
that morning; respondent used the
words, God damn the Provisiona
Governments" his tone of voice wai
like one much disgruntled; hat
another conversation with him at hi
own house in latter part Of April o.
the early part of May; when he uset
profane language against the Gov
ernment, saying that it was not tax
ing any notice of those born il
the country, think he used tht
names of McCandless and Morgan
he said that rich men were running
the Government; such men as re
spondent and myself were left ou
in the cold.
Observation-Disclosures pip
with him on the veranda; know
Wundenberg since 1887; don't re
member any official transaction witt
Wundenberg after my appointment
only two occasions he spoke of tn
AGovernment; spoke toa good many
| w. r. Castle, W. Q. Smith, abou
Wundenberg's position; Ashley wa
Marshal at that time; WundenberI
offered his assistance to mo in m
official capacity, and he told me h
was acquainted with the personne
of the police force; my recollection
was l was enquiring of responder
about Juen, Parker and Mehrten a
to their trustworthiness as officer
Of the Government; the gist of hi
complaint was that strangers wer
employed and Hawaiian-born lef
out; respondent said that he ha'
been promised position as Marsha
but the promise had not been kept
reported only few days ago to "
o. Smith about the second conver
sation with him.
j. A. Hassinger, sworn-Am Chic
Clerk Of the Interior Office. TIL
record of Mr.. Wundenberg's ar
pointment as Deputy Clerk, Feb. 2t
was filed. :.