The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1895-01-18
AN ANSWER ENTERED FOR THE TWO
by THE MILITARY BOARD.
Paul Neumaun As Attorney His
Objection Promptly Over
ruled.
HE CLAIMED THAT THE COURT HAD
NO JURISDICTION.
Evidence Being Taken Against Eight
Misunderstanding Disclosures.
OPENING.

OPENING.
The arrival of the court was an
nounced by Major Mcleod at
1910, and the audience of about
seventy arose and remained stand
ing until Colonel Whiting and his
associates were seated.
A table had been provided for
Deputy Acknowledgement Robert
son and Alfred Carter, who are
assisting Captain Kinney, judge
advocate.
Paul Neumann had a desk in
front of the prisoners dock. Antoine
Rosa sat beside him.
PRISONERS AT THE BAR.
At 1920 the prisoners were
brought in. They were:
Sam Nowlein.
Henry Bertelmann.
Carl Widemann.
Louis Marshall.
VIM. Greig.
Jas. c. Lane.
VIM. Lane.
Robt. Wilcox.
The other prisoners were taken
below.
Capt. Kinney read the record OF
yesterdays proceedings.
Capt. Kinney called upon the
counsel for prisoners to enter a
formal appearance.
Mr.. Neumann responded, saying
that he was with Rosa for the Lanes.
Mr.. Neumann objected to the
jurisdiction of the court. The
rights of the civil courts had not
been abrogated by the proclamation
of martial law. He desired record
made for future disposition. Col.
Whiting said this was somewhat
premature.
Antoine Rosa said Mrs. Nowlein
had asked him to defend her hus-
band. Mr.. Nowlein said he did
not desire counsel.
For his clients Mr.. Neumann said
there was no objection to any mem
bers of the court. Capt. Kinney
asked them all individually again,
if any of them objected. All said
no.
The court was obligated by Capt.
Kinney. The latter was sworn in
by Col. Whiting. On account of
an error in the wording of the oath
this ceremony was repeated.
The eight men at the bar stood
to hear the charge and specifca-
tons. The charge was treason and
open rebellion. The specification
was that they have levied war in
open rebellion against the Republic
of Hawaii and attempt to over
throw.
They men were called upon
singly to plead. They said:
Robert w. Wilcox-Guilty.
Sam Nowlein-Guilty.
Henry Bertelman-Guilty.
Carl Widemann-On advice of
my counsel l decline to answer.
William Greig-Same.
Marshall-Same.
w. c. Lane-Not guilty.
Jas. c. Lane-Not guilty. .
Everyone in the room was nj Der
an intense strain as three of the
leaders admitted fully their guilt.
For the others the board entered
pleas of not guilty. All the men
were quite self-possessed except
big Jim Lane, who was quite ner-
vous. Bertelmann and Nowlein
were soon chatting with uncon-
Germ.
Colonel Whiting now directed
that Mr.. Newmann's protest against
the jurisdiction of the court be pre-
scented in writing. There was a
delay of fifteen minutes.
ARGUMENT.
In presenting his objections Mr..
Neumann said there existed no ex-
igency for the sitting of a military
commission. He quoted the Duke
of Wellington as saying that a
court martial's power was limited
only by the will of the commander
He maintained that under the pres
ent circumstances the prisoners
were entitled to trial under the
Constitution and laws offended, and
not under military law.
Captain Kinney submitted that
martial law was simply necessity
within the discretion of the Execu-
tive. 1t existed, and proceeding
under it must be had Courts were
not proclaimed to be in session ex
cept for ordinary matters. Oppos
ing council says hostilities are over
No man can be certain of this.
QUICKLY SETTLED.
The court retired for ten min
utes. Then Colonel Whiting an
nounced that the objection hat
been overruled and that the tria
would proceed.