The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1895-02-13
AFTERNOON SESSION.

AFTERNOON SESSION.
Before Introducing any testimony
in behalf of the defendant, Mr.. Kane
moved that the case against bis client
be dismissed. In support OF this he
cited that the evidence was incom-
plete in connecting the defendant
with landing the arms.
The court explained that they had
no authority TO dismiss, but must find
on every specific charge, and the mo-
ton would be overruled.
Mr.. Kane then announced that he
would proceed with the case.
Robert w. Wilcox was called for
the defense. He was at kahala night
when arms were landed: Kali was
not there when guns were landed saw
accused about fifteen minutes after
they were landed and secreted; War
rem told Kali to guard stuff over
there guess defendant knew nothing
OF arms to be landed; nothing was
said by Warren that stun meant
guns.
Cross-examined :-Kiliona and ka-
uai were detailed to watch guns;
Warren and Townsend went up and
shook hands with Kali; witness
shook hands with him also; Town
send and Warren were bosses OF the
whole affair; don't know what they
said TO accused about guns; never
saw Kali since that time until at sta
ton house; Warren told Kali to look
after stuff buried over there; Kali Is
head man at Kahala /; he leases house
there.
sam K. Kali desired TO make a
abatement in his own behalf and was
sworn. He leases fishing station
there; have no control over anything
else there; was at Kahala at house
the night arms landed; had occasion
TO get up during night and saw
two boats in front Of my house;
called out in loud voice who owned
those boats received no reply; Later
saw three men coming along beach;
recognized Townsend and Warren
and later saw Wilcox; asked Warren
what have you come here for; be re-
piled they'd brought some stuff and
buried it over there; that's all saidi
they then left and went toward
town; they said nothing to me to
watch stuff and obliterAte any tracks;
did not know what their errand was;
nothing that passed between US would
lead me to know their errand; saw
nothing out there to lead me to ex-
pect "A uprising; remained in town
Saturday and Sunday; was going
back there on Monday; first heard Of
trouble on Monday morning; Warren
didn't tell me do anything; didn't ask
them what stuff was; was arrested
two weeks ago.
Kane made somewhat lengthy argu-
ment. He contended that the evil
dence was insufficient to show the &C
cused had knowledge OF the landing Of
the munitions Of war and could not
be, therefore, guilty OF the charge
preferred against him.
Judge-Advocate Robertson held that
the accused had full knowledge Of the
landing Of the arms; was told to look out
for them and did so. Evidence to this
end was fully corroborated and he
thought the Commission would so
find.
The case against VIM. K. Hutchin-
son, charged with misprision Of trea-
son under thirteen specifications, was
next taken up.
Mr.. Neumann appeared as counsel
for accused.
No objection was entered by the
prisoner against the personnel of the
Court.
Mr.. Neumann entered the usual
objection to the Jurisdiction OF the
Court and which objection was over
ruled by the Court.
On advice OF counsel the defendant
declined to plead, and the Court or
dered plea Of not guilty entered to
the charge and specifications.
Sam Nowlein was the first witness
called. He told the same old story of
the formation Of the plot TO overthrow
the Government; how, when and
where the arms were landed.
On cross-eXamination Nowlein re-
membered the accused; he used to be
q schoolmate OF mine; saw him last
about two years; think he lives on
Maui somewhere; never wrote to him
or told him anything this scheme
or any other.
he had been employed by Nowlein to
20 out and get arms from schooner
and land them. Know Hutchinson;
first saw him on steamer Waimanalo;
he and George Townsend were talk
ing; don't know what they were say
ing; talked with accused about arms;
told him arms be used against Gov.
eminent; defendant slapped Town
send on back and said "why didn't
George said didn't know on what
side he stood; Hutchinson said he was
all right; we were talking often about
attempt to overthrow Government;
accused didn't say much; he listened;
Hutchinson helped TO land arms; he
went off in boat to Rabbit Island with
Townsend.
On eross-examination Warren re-
peated conversations held by him,
Townsend, Hutchinson and Captain
Davies. We all drinking whiskey on
Tuesday; talks were held in Ha-
waiian; on Thursday we broke open
box of samshu nd was drinking and
talking about revolution all day.
George Townsend WAS next called.
he corroborated the testimony given
by Warren. Told how Hutchinson
slapped him on back and asked why
he didn't tell him what was going do
with arms. He and Warren were
talking with Hutchinson about how
and where arms were TO be landed