The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1895-02-08
HER CASE Is ARGUED.
FINAL APPEARANCE OF LILIUoKA-
LAM BEFORE THE COMMISSION.
Her Statement Modified-Argument of
Counsel For the Accused and For
the State.

argument in the case of Liliuoka.
lani Dominis. The Commission
retired to consider the written
statement of the accused filed
Thursday. On returning Colonel
Whiting stated there were certain
matters in the statement which the
Court should request to be with
drawn. The Court started to read
them when Mr.. Neumann asked to
examine the passages marked as
Objectionable, stating that he would
abide by the decision of the Court.
The Objectionable objects were
as follows:
A minority of the foreign popu-
lation made my action the preteXt
for overthrowing the Monarchy,
and, aided by the United States
naval forces and representative
established a new government.
owed no allegiance to the Pro-
visional Government 50 establish
ed, nor to any power or to any
one save the will Of my people and
the welfare of my country.
The wishes of my people were
not consulted as to this change of
government, and only those who
were in practical rebellion against
the Government were allowed to
vote upon the question whether
the Monarchy should exist or not.
This selection was anticipated
and prevented by the Provisional
Government, who, being possessed
of the military and police power of
the Kingdom, so cramped the
electoral privileges that no free ex-
preston of their will was permitted
to the people who were opposed to
them.
All who uphold you in this un-
lawful proceeding may scorn and
dispise my word, but the offense of
breaking or setting aside for spe-
cifc purpose the laws of your own
nation and disregarding all justice
may be to them and to you the
source of an unhappy and much to
be regretted legacy.
Mr.. Neumann stated that the
paragraph relating to the establish
ment Of the Provisional Government
was made as a statement from the
accused, was claimed as an actual
fact, reflected upon no one, set forth
her views and he must decline to
ask his client to withdraw it. The
words land only those who were
in practical rebellion against the
Constitution of the State, etc. d" Mr..
Neumann agreed should be stricken
out. The passage setting forth
that the accused owed no allegiance
to the Provisional Government the
counsel made answer as to the first
item.
The court retired and returned
with the decision that the objec-
tionable passages should be stricken
out. Colonel Whiting read them
and ordered that they be stricken
from the record.
Mr.. Neumann began his argu-
ment. His first point was upon
the jurisdiction of the court, and tc
this he devoted ten or fifteen min
utes. Then the testimony of the
various witnesses was taken W
and treated in detail.
The Judge-Advocate addressed
the Commission as follows:
Nav it please the gentlemen of the
Commission: The acts of treason prin
cipally relied on, foI there are thirteen
counts, are the procuring and engaging
of men for the purpose of carrying ou
a conspiracy to overthrow the Govern
ment, and of procuring of arms anC
ammunition for the same purpose, anC
the partial establishment and prepare
ton of a government and a militar,
force to take the place of the govern
ment that they intended to overthrow
ali of which acts we con- end are clearl,
acts of treason as soon as committed
and which we claim were within thu
guilty knowledge of the accused.
Now, some matters are undisputed ant
undisputable in this case. 1t cannot b.
disputed that an uprising has takeI
place. 1t is now practically a matter Of
history that after some long months Of
mutterings, agitation and Indictment OF
the part of the press and supporters o
the late monarchy the matter took al
active and tangible shape under tn
leadership OF four men, Mr.. Gulick, Mr.
Seward, MIR Richard and Nowlein, ant
those four men procured the landing o
arms both here and abroad, and anu
milton, and enlisted or engaged mel
to take part in the undertaking
that when the affair came of that SOM
200 men were there armed and on tn
field with the intention of taking par
with about 400 rifles as shown by the evi
dence, and bombs and munitions of wa
gathered and partially used in attempt
ing to carry out this purpose. 1t is ais
a matter undeniable that certain com
missions, some eleven in number, for tn
princinal offices under monarchy
were prepared and engrossed, and
new constitution, which fitted the up
rising and which was to be used in cas-
the uprising was successful, was draw
and engrossed together with pre-
clamation of martial law, a proclama
tion for citizens to assemble at tn
station house, and at the governmen
building, and a proclamation that 1t ha
pleased Her Majesty TO appoint 10 Gel
tam offices. This is history. This
not disputed by even the learned coui
sci. But it is contended that the az
cused was entirely unconscious of a
this that was transporting, and present
herself spotless and immaculate betor
this Court with the statement, so lar {
this uprising, which the learned couns
characterizes and dignifies by the chare
of an instruction and riot, is concerl
ed. that her hands are clean, morally an
legally, from any connection wit
it. Says the cused in her person
statement: "rhe movement unde
taken by the Hawaiians last month wa
absolutely commenced without N
knowledge, sanction, consent or ASST
lance, directly or indirectly, and tn
fact is in truth well known to those wi
took part in it. received no inform
ton from any one in regard to arm