The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1893-06-24
HELD WITHOUT BAIL.
THE CoNsPIRAToRs STAY IN
CUSTODY.
Intellectual Efforts to Get Around the
Sedition Law-The Prisoners
Very Nervous.

whites, including several leaders of the
Monarchst junta. Many wanted to
see and talk with the prisoners but all
were barred out. Even Attorney
Creighton was not permitted to inter
view the trio although he figured as
their attorney.
Late in the afternoon the British
Vice Consul, Thomas Rain Walker,
called and had a talk with the Marshal
He particularly wanted to know about
Crick, concerning the charges against
whom he expressed surprise. He also
asked to see the prisoner but the visit
was deferred until this morning when
the Consul paid a short call upon Crick
in his cell Before he left last evening
he asked that the man be made as
comfortable as the resources of the
statiOn-house would permit.
Marshal Hitchcock saw that all
three of the conspirators had good beds
with mosquito MEETINGS. They also
got plenty to eat, and passed the night
IN comparative comfort
This morning British Minister Wode-
house called on the Marshal and made
few inquiries He did not see the
imprisoned men.
At half-past nine the case came up
in the District Court, Judge Foster
presiding. AS the prisoners entered
the dock and took their seats it was
seen that they were very nervous. They
kept twisting and turning, their eyes
roved furtiveIy about, they crossed and
recrossed their legs and picked at their
clothing. There was no effort on the
part of any of them to show brAvado.
On the contrary their faces and attitudes
expressed deep detection.
Attorney-General Smith represented
the Government and Attorneys Creigh-
ton and Magoon the defendants.
When Crick, Walker and Sinclair
were ranged in line Def, IRE the Judge
the complaint was read as follows
"E. J. Hitchcock, being first duly
sworn, says: That T. B. Walker,
Archibald Sinclair and f. c. Crick, at
said Honolulu, within three months
last past, were guilty of the crime of
conspiracy by maliciously and treason,
ably conspiring and concerning together,
and conspirng and concertng with
others to the aftiant unknown, to over
throw and put down and destroy by
force the Provisional Government OF
the Hawaiian Islands, and to levy war
against said Provisional Government
and to oppose by force the authority
thereof, and by force to seize, take and
possess certain property of said Gov
eminent, to wit the Government
building now occupied by the Execu,
tive Council Of said Government con-
trary to the authority of the same
"E. G.. HITCHCOCK,
Marshal"
"Subscrihed and sworn to before me
this 23d day Of June, A. D. 1898,
NV. FOSTER,
"District Magistrate of Honolulu"
The Attorney General then asked
the court to grant continuance until
Tuesday or Wednesday morning, saying
that he was not quite prepared to GO
ahead with the case. This brought
Creighton to his feet and he demanded
that, if continuance should be granted
bail should be allowed.
81 have letter from the Marshal,
said he, written at the instruction OF
the Attorney General, which states that
bail will not be granted. | submit,
your honor, that the old bail law has
not yet been repealed and that my
clients have the right to their liberty.
l stand ready to furnish any bail which
may be required" Mr.. Creighton Their
criticised the wisdom of the Provisional
Governments law under which the
arrest of the three men had been made
The Attorney General pointed Out
in reply that the wisdom or unwisdom
of the Sedition act was not in dispute
AS the law stood the offense charged
upon Walker, Crick and Sinclair was
not bailable and the court had no righr
to construe the statute otherwise. AS
to continuance it was quite usual fol
the prosecution to ask for one and be
would see no reason why it should be
denied.
Mr.. Creighton fired up at once anc
declared that these Islands were worse
off than Russia. One man, he said
was holding inquisitorial power and i
was the business of the court to inter
vene between him and his victims HI
repeated his demand for immediate
trial or the release of his clients or
bail, charging that the desire of the
Attorney. General for continuance wa
merely due to want of evidence to con
vict the prisoners.
Mr.. Magoon made an address Of thu
same tenor and the Attorney Genera
was heard again in explanation Of thu
law.
The Judge then said that further dis
cussion was useless. The letter Of tn,
law prevented him from accepting bal
and his powers were too limited for hin
to "construe the statute" He thought
on this account, that such cases sh0ulC
h. hrOnoht hafOra a court of vida