Evening star. [volume] (Washington, D.C.) 1854-1972, 1895-09-21
HAWAIPS AFT AIRS
Complications Growing Out Of the
Insurgents Trials.
CONVICTIONS BY THE MILITARY COURT
Recognized as Lawful and Binding
by the British Government.
THE AMERICAN CASES
pecial Correspondence of The Evening Star.

HONOLULU, September 5, 1855.
The recent action of the British govern
ment has been exceedingly favorable to the
government Of this republic in the cases Of
the political prisoners appealing for British
interposition. That action has been such as
entirely to dispel the apprehensions which
were entertained that the Dureell claim, pre-
sented by United States Minister Willis, was
intended to be the forerunner of series of
similar unreasonable claims to be urged
against us by Great Britain.
My last letter spoke of the British with
drawal of the claim that Messrs. Richard
and Walker were entitled to British interpo-
sit1en as British subjects, the proofs present
ed by this gov ernment having been accepted
as conclusive that both of them had long
been Hawaiian citizens, Notwithstanding
their affidavits to the contrary. This was
soon after followed by the withdrawal of the
claim made in behalf of Johnston, who was
deported to Vancouver B. c., last February.
and who appealed to the British government
to obtain. for him damages for the injury
dore to him by such deportation. That gov
eminent, after careful examination accents
the evidences offered by this government.
that Johnston's deportation was for good
cause.
But what this government most values
as of the highest Importance Is the formal
and fuli assurance made by the British
government that they regard the military
commission which tried and convicted the
political prisoners last February as a valid
tribunal, and its verdicts and sentences
as being lawful and binding This is a
valuable triumph for this government be-
cause the friends of the convicted insur-
gents have not ceased to proclaim that 1t
would be compelled to release them he
cause the validity of their trials by the
military commission would be disallowed
by England.
The Ashford Case.
The only exception to an entire concur
renee by the British government in the
dealings of this republic with its insur-
gent prisoners is in the case of Colonel
V. v Ashford. I reported the trial of this
gentleman in a letter to The Evening Star
of February 2. He was convicted of mis-
prision of treason, and sentenced to i'm
prisonment and fine Soon after on ac-
count of his i'll health, he received a condi-
tional pardon, requiring him to leave the
country. which he did. The British gov
eminent now express the opinion that the
evidence in his case, which they have ex-
amined, was insufficient for conviction, and
they ask that the findings of the court
should be reversed by this government.
The latter has agreed to carefully recon-
slider the case. The general belief here
is that the evidence constituted a sufficient
case against the accused. 1t is claimed
that he was convicted mainly upon the
testimony of alleged accomplices, chiefly
the military leader of the insur-
rection. who should not be believed. There
was. however, much circumstantial evil
dence corroborating Nowlein's lengthy
statements about repeated interviews ar
ranging for Ashford's leading the intended
rising from the fish market
A very strong confederation of Ashford's
co,1plicity was the written commission
made out to him by Mrs. Dominis to the
associate justice of the supreme court
This could only be accounted for as a high
price to be paid for his military ability
in aid of her restoration. Col Ashford was
one OF the last men among our lawyers
whose character and record Commended
him for judicial Office. What stood yet
more in his way was that on pages 2O2-217
CT Biount's report is lengthy statement
by Ashford. which contains the grossest
charges against the personal morals of
Liliuokalani. She must hava bitterly re-
scented those aspersions. Her motive in
giving high office to so foul a former enemy
could only have been the strongest sense
of ne d of his military aid
That, however, may not technically have
been the sort of evidence required to con-
Wet the accused. although it could hardly
fail tc influence the minds Of the commits
sion, as well as their familiarity with his
previous well-known record as a bold and
INSCRIPTIONS adverturer ready for either
side in the game. There is probably not
an intelligent person of any party in Hon.
olulu who has the remotest doubt that v
". Ashford was fully Informed ard an ac-
complete in the conspiracy which ended
in the instruction of last January Z.
Still. he may possibly be entitled to legal
acquttaL
COnsidernte Diplomacy.
The favorable results gained from the
British government are largely to be at.
tributed to the thoroughness and ability
with which all the subjects in question
have been laid before them by Foreign
Minister F. NJ. Hatch. whose services have
been indispensable during the complica-
tons arising from our late troubles The
government also feel that they are much
Indebted to the very friendly and consid-
crate dealing of the British representative
here, Maj. A. E. Halves. It Is especially
noticeable that Commissioner Halves has
habitualiy made inquiry here into cases
his government. This is quite in contrast
to the course of Minister Willis in the
pureen case. which he referred to Wash
ington without previously affording this
government any opportunity to explain
their action.
In regard to their confirmation of the
validity of the trial under martial law by
military commission, the British govern
compelled thereto by their own conspicu-
GUS precedent in the case Of trials and
executions in Jamaica under Governor
Eyre. Those trials, although universally
received the strongest confirmation Of their
validity by parliament and the courts. 1t
was thoroughly recognized that under the
stress and peril of Instruction ordinary
law Is silent, and government rs justified
in the defense of its life in employing the
most severe and summary methods. The
methods employed in Honolulu last winter
were mild and orderly. They did NOT in
any way differ from the methods in ordi-
nary courts in fairness and elaboration
and in fullest opportunity for defense. The
only difference was that for the ordinary
fury was substituted q body Of six officers
of the volunteer militia, gentlemen all of
high standing in the community. 1t has
been especially noted that it had already
been proved to be impossible by means of
a native jury to convict any insurgent.
This was shown in the case Of Wilcox In
1859, who was released by native jury,
although the avowed leader Of the insur
rection Unless every insurgent was to go
free, the methods of martial law had to be
followed.
The decision of our supreme court upon
this subject has now been published, con-
tanning the briefs Of counsel upon both
sides. The subject was exhaustively treat
ed and the decision Of the court is given in
clear and convincing form. based upon
British and American presidents. 1t is