The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1895-02-02


riage Company, identified the tele-
phone entry book; remembered send
ing q hack for V. v. Ashford, and
knew his watch was correct, because
he compared it every day.
V. V. Ashford again took the stand,
and testified as to his business with
Sam Stone In connection with draw
ing up mortgage papers which were
identified. He stated that he was just
about to go down to HOLSTERS when
Stone telephoned to come to his house
at once; went down to Stones, back
to the house, to HOLSTERS, and then
back home to bed.
On cross.examination Mr.. Ashford
said he saw no one at Stones house
except Mr.. Stone, his son and an un-
Gle, who was sitting In room adjoin-
ing reading. Outside the conversa-
ton on the mortgage he remembered
of saying nothing, except whats
the news?n
The evidence being all in, Mr.. Neu-
mann said he would submit his case
without argument.
Captain Kinney said he had cOnsid-
erable to say, and made one of the
strongest arguments of the session.
In substance Captain Kinney said:
The prisoner Is charged with mis-
prision OF treason, and for the first
time In the experience of this Com
mission full defense has been put in,
and the occasion arises for the weigh
ing and q careful and discriminating re-
view and comparison of the evidence
offered for the prosecution and de-
fense. What the intelligence OF the
Commission has had to meet so far is
child's play measured by the task that
confronts them today.
The pleas have thus far either been
guilty, or on the stand they have ad-
mitted their guilt or have not put in
any defense. On such a showing the
Commission could have had but little
occasion for close study or considera-
ton of the question of guilt or innO-
cence on the evidence. Now, for the
first time really, this Commission is
put to the test of deciding between
conflicting evidence. The real work
of the Commission has begun.
AS we lift our eyes to see who
among the prisoners is making the
first stand on the evidence, we are not
surprised to find out who it Is. Though
charged with q much lower offense
than those whose trials preceded them
this trial has now lasted the fourth
day. This fact do not take to indi-
cate either guilt or innocence, but
simply that we are dealing now with
a man of a different class, OF class
which rarely leaves a broad and open
track behind it. And il any one has
expected in this case the same class of
proofs, the same simple evidences of
guilt that Lot Lane, or q BerteI-
mann or even q Seward might fur
nish they must be disappointed.
If one is following fox they must
expect the tread Of an elephant or de-
mand to be shown foot print as plain.
The fox's track may to him who will
study it show proofs as conclusive Of
its origin as any, but the proofs will
not be the same nor will they be as
coarsely and vu1garly apparent. A
smart man leaves his tracks so blind
ed as to enable him to make some de.
fense. To primitive mind, once the
subtle crimes were lost sight OF, only
the open ones were punished. The
machinery of ancient criminal law
would be utterly inadequate TO cope
with the intricate crimes of the pres
ent day. Men are reached and pun
ished now who once could not be
reached. Too often the law punished
the open tool, but could not reach the
one who pulled the wires behind the
scenes.
1t is with this caution that present
the case against the prisoner. He is
charged with misprision. The evil
dence for the prosecution is plain,
unbrOken in cross-examination and
connected. The two direct witnesses
are Nowlein and Davies, one Ashford's
friend, the other not his enemy. They
are condemned because they have
given states evidence. But let US not
be hastv. What motive have either
to falsely implicate the Ashfords
Certainly, what motives when com.
pared with the motives of the Ashfords
10 deny, Nowlein had saved his life:
= III n o0pfassiOD aOIolV about