The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1895-02-06

| his daughter was one of the chief con-
| spirators. The doom of a traitor huns
over the fither of his grandchildren
! L ct it not 70 said against Mr.. Cummins
that this son-in-law was not a cr"ditable
member of the family; that he bad been
| so Glossy connected with the postofice
| robbery that he barely escaped being
convicted, and WAS obliged to leave the
country for a number OF years. That
trial cost Mr.. Cummins large sums OF
money, and for many years he contrib
uted largely to the support OF Mr.. Walker
and his large family. That vas Mr..
Cummins' burden and he has borne 1t
well. He has stood it manfully for the
love of his child and her children, and
we should respect him for it. The hui
manIzation of mankind has been great
work since the days OF Greece and Rome ;
the time when father could condemn
his own son TO death, a. also the time
when a father cou d be called to feast
to partake of his son served as boiled
meat and be afterward told the blood
curdling fact, are equally gone trust
forever.
Mr.. Cummins was bound, IN Luty, to
protect even this most worthless son
In the last case there was a claim upon
his hospitality and friendship Mr..
Seward, as is we'll known, has been for
the last few years almost the eyes, ears
aud mouthpirca of Mr.. Cummins. Mr..
Seward has been more than a pri-
vate secretary and business agent for
Mr.. Cummins; he has been on terms of
greatest intimacy with him. The inner
most recesses Of his heart have, as it
were. been opened to this accomplished
soldier. Ii the influence exerted by the
one has had an evil effect upon the
other, let US not be too prone to condemn
the innocent man. Such alliances are
usually pernicious. Sometimes the
brightest and best men become subject
to such influences, and nothing seems to
be able to dispel the glamour that sur
rounds the hideous moral depravity
concealed by a pleasing exterior. Do
you wonder that Mr.. Cummins, infirm
and impoverished in fortune, under the
influence of Mr.. Seward, posing as rep
resentative American and a soldier,
failed to do his duty to the State? It is
almost surprise that he even made the
feeble protest that is of record. We're it
not for his plea of guilty, under the facts
1 think 1 would be almost justified in
asking for his acquittal.
come at last to the question of what
is to be done with this old man.. This
court owes a duty to the community,
which know it must and will perform,
30 far as it can distinguish the right, and
it equally owes to this defendant not to
Judge him too harshly; to temper JUS
tice with mercy, duty which 1 have an
abiding confidence it will perform in a |
that will reflect credit to all con. |
ceTned and command the respect of all |
persons. That these trials are upon the
very verge of what victorious belliger- |
ents can do with the approval of the law |
of nations, will be an additional cause |
for dispassionate and earnest delibera- !
ton.
Ihave said that Mr.. Cummins is brok-
en- down in health. He is prematurely |
Did. He has com plicstion of diseases J
which make it absolutely imperative |
iOr him to have his liberty. To confine |
him in prison would, in all probability, |
result in his speedy death, until which |
lime he would be only q charge upon |
the Government. 1t would be visiting /
him with a punishment disproportion- |
ate to his crime. If this view is accepted |
here remains for the court to impose a
inc only, and the question of how much
viii necessarily engage your attention.
It is my duty TO point out that Mr.. Cum
Minis is not rich man. His lavish hos
oitality has been famous. Hardly a
person OF note has ever come to this
country who has not been entertained by |
him, and now, in his old age, when he |
should have plenty and to spare, he finds
himself burdened with debt and face to
ace with the stern realities of life.
'Oh, Age and Want, that ill-m atched pair.
show man was made to mourn"
He is not the only Hawaiian who has
'quandered fortune in misguided nos
oitality. 1t is a redeeming feature of his
mpoverishment, however, that he did
lot spend his money in a manner which
ilrectly or indirectly could Cypress the
Door: Not MIR. Cummins' faults, but all
hat is good and noble in his character,
appeals to you for mercy. He has done
LII that he could do to repair the wrong.
Late as it was, he took the oath to SUP.
port this Government before his arrest,
md some of those with whom he WAS
associated, and who have openly and
and continually denounced this
government, have not taken the oath to
his day. After his arrest he told, as we
must believe. without reserve, OF his con-
lection in the affair, thereby assisting
he prosecution in every possible way
hat lay in his power. He has pleaded
utility, and l need hardly remind you
hat this of itself entities him to addi-
lonal consideration at your hands.
Mr.. Magoon took the position that the
was law unto themselves,
ut believed they would act in the case
MIR. Cummlns as became men of their
Intelligence. He contended that the
jourt was not necessarily compelled to
ntilct the statutory penalty, but could
impose lesser degree of punishment in
xce optional cases and in those where the
violence justified such action. He con-
ldeTed Mr.. Cummins' case one of these.
nd would urge clemency in his behalf.
Judge Advocate Kinney thought all
he Commission was called upon to do
q this case was to impose a legal
entence in accordance with the evil
eDce. While it was true that Mr..
;ummins took only small part, that
art was treason and should be SO de-
Jared by the Commission. Mr.. Cum
aims had acted as interpreter in pro-
uring arms, and this was about the
xtent OF his guilt. Every one who
ook any part in the proceedings,
'hether to a small or great extent. is
ullty OF treason and nothing else. IF
ne Commission saw At to ask for
I6mRnnU faxyn ~