The morning call. [volume] (San Francisco [Calif.]) 1878-1895, 1895-02-07

and destroy the same and by levying war
against the same.
SPECIFICATION: That the said r. w. Wilcox,
Samuel Nowlein, Henry f. Bertelmann, Carl
Widemann, William H. c.. Greig, Louis Mar
shall W. c. Lane and James C. Lane on the
island of Oahu, one of the Hawaiian Islands,
did at divers times within six months now last
past commit treason, and did abet, procure,
counsel, incite and aid others to commit trea-
sorand engage in open rebellion against the
Government of the republic of Hawaii, and to at
tempt by force and arms to overthrow and de-
stroy the same; and at divers times within one
month now last past did engage in open rebel
lion against the Government OF the republic OF
Hawaii, and did attempt by force and arms to
overthrow and destroy the same and levy war
against the same
Wilcox pleaded guilty to the charge and
specification, as did also Nowlein and
Bertelmann. Carl Widemann, William
Greig and Louis Marshall declined to plead
either to the charge or to the specifica-
ton, acting under the advice of their
counsel, in which case the court ordered
the plea of not guilty to be entered. The
two Lane boys pleaded not guilty.
Judge Advocate Kinney suggested that
those who had pleaded guilty be set aside
and the trial of those pleading not guilty
proceed.
The remainder of the morning session
was taken up by arguments from Paul
Neumann and other attorneys for the de-
tense, who objected to the jurisdiction of
the court, principally because the rebellion
was practically ended. These objections
were overruled by the president of the
court, and, it being noon, recess was
taken.
At the afternoon session United States
Minister Willis, British Commissioner
Halves, Charge d'Affaires Canavarro and
United States Consul-General Mills occu-
pied the diplomatic row. Promptly at :2S
P. NJ. the commission entered the council
chamber in single file. The prisoners,
Messrs. Wilcox, Nowlein, Bertelmann,
Widemann, Greig, Marshall, James Lane
and w. G. Lane, were escorted to their
seats few seconds later.
Deputy Marshal Arthur NJ. Brown was
the first witness called. He stated that he
was sent by Marshal Hitchcock to search
Henry Bertelmann's place for arms; Cap
tain Robert Parker and five native officers
accompanied him; when they reached
Bertelmann's house saw number of ma
tives there; left Captain Parker and other
officers near by and returned to town to
notify marshal and get more men; return
ing met Parker and officers at Sans Souci,
to where they had retreated; was informed
that one of the officers had been shot
Messrs. G. l.. Carter. Alfred Carter,
j. B. Castle and Jack Atkinson,
who had been attracted by the
firing, accompanied the party to
Bertelmann's. Atkinson was sent back
with a message. On arriving at Bertel-
mann's, officers were challenged by ma
tive on guard; advanced and found Ber-
lehman and a woman sitting on the front
| porch; told Bertelmann had warrant to
search the premises; was requested to read
it; went into dining-room with Bertel-
| mann; while reading warrant firing was
heard outside; asked Bertelmann what
firing meant; he replied, didn't know.
At this point diagram of the Bertel-
mann premises was introduced by
the Judge Advocate and accepted
by the defense. When firing COM
menced witness ran out back of house
met Parker with Lane boys; both had rifles
! and belts of cartridges; saw Carter brought
into house and examined him; while doing
this heard more firing outside seemingly
from direction of town; heard shouting,
running and more shooting from toward
Diamond Head; went into room with
Parker and arrested men; went to Nolte IS
| residence and telephoned to town for as