The Daily bulletin. [volume] (Honolulu [Hawaii]) 1882-1895, 1895-01-29
ARGUING THE CASE.
Mr.. Nsumann Disputes the
Authority Of tie Com.
mission.
Judge Advocate kinney COutsndS for
The Lesi imdCy snd Expectancy
Of be Court.
TENTH DAY.


Court convened at 10 o'clock.
Minutes Of previous day read and
approved. ,,I
Mr.. Neumaun stated that he would
not introduce any evidence Tor the
defense, but would instead file
written statement from Mr.. Bowler,
Directing to the jurisdiction of the
Military Commission. He quoted
from Sections | and 3 OF the Consti-
tuition OF the Republic of Hawaii in
sustentation of his objections. Mr..
Neumann questioned the right OF
the Military Commission to sit at
this time Of peace to try whom they
pleased. They had only right to
sit, while the exigencies of the mo-
ment exist, in times OF war. The
Constitution is paramount and is
not set aside by a proclamation OF
martial law. Counsel would ask
whence the Military Commission de-
rived its authority to try anyone.
Only men who are answerable to the
military or naval rules are tried by
court. martial, excepting in times OF
actual war. There must be a source
from which a Military Commission
comes, unless the exigencies OF cir
cumstances warrant such. The
Commission usurped the rights
of the civil courts when it
sat where the offence is not in
violation OF the laws OF war.
The crime Of misprision of treason
is against the civil body OF the coun-
try and not against the military.
One is beyond the laws OF the land
when he appears in open warfare
without . commission, and is then
amenable to the jurisdiction OF a
drumhead court-martial. There is
now no state of disturbance existing
The existence Of martial law was not
warranted in these times OF peace
though there may have been cause
for it during the first two days o
the rebellion. Counsel quoted The
casa OF Jefferson Davis, President o
the Southern Confederacy, who wa
prisoner OF war during the rebel
lion. He was not tried by a militar.
commission, although in 1868, be
fore the capture, the writ OF habea
corpus was suspended by act O
Congress. Without authority tn
commission who would sentence an
, prisoner commits murder.
Mr.. Kinney replied that when
came to the contention that the sit
ting of the Commission was illegs
and unjust, he would state tina
everything they desired to do wa
with the wish that it would NEE
the communication and approval c
: the civilized nations. He wished t
meet the sense OF justice OF all or
/ tics. They stood as citizens OF
, sovereign power as long as the r.
public exists, and when it fell IL
critics Judge of the results and col
sequences of their actions. Thel
j was abundant reason for the sittin
:, OF the Commission, going outside {
D its legality. The Judge Advoca'
= held that martial law constitution
ally exists, and the President is r
/. sponsible to the Almighty il
n suspends the same, unless he wi
A convinced that the lives Of law abb
4 ing citizens would bs safe from a
sassination, open rebellion and mu
der. Ii the prisoners were above
II to be tried by a civil court the
2: would be deadlock between tn
a, body and the military authorize
rs Martial law rightfully exists and
d would be- the height OF arrogance
suspend it. The late outbreak "
, guerilla warfare aud not revol
- ton with a worthy aim.
= Recess was taken till l:30 o'clot
Is Afternoon Session.
Judge Advocate Kinney continu
his argument at l:3O o'clock.
!" stated that it was out OF deferen
" to rule OF law that Bowler was II
r. charged with treason. He confer
e. ed that justice aud equity would
'" net er done by the converting OF
"' military tribunal until tranquil
aud peace be restored.
IN Mr. Neumann replied to the arr
Rs. meut OF the Judge Advocate.
eu In the case OF the rebellion
ia Manitoba, Canada, the leaders a
ed followers were captured by the III
+. tary aud turned over to the c
authorities.
The Court retired for delibe
ton. On re convsning Col. Whit
est announced that the plea to the ju
Sc diction OF the Commission was oN
ew ruled, and the Court would proc
he with the trial,
'ut Judge Advocate Kinney then r
lie the following statement:
Statement of +, Bowler.
iris j. Il. Bowler states that there il
viii truth i'm the statement that he eli
mir knew the time or that revolt VIC
in. take place, and that in no conve
cal ton with Mr.. Nowlein was he
ten formed of the arrival or landing
arms or the enlistment OF men
the purpose OF restoring a mona
,ots zeal government or to overthrow
ars- republic. That, like many ott
are, he heard rumors but paid little
Itch tention aud gave as little weigh
re them as to other things he heard
the relating to the politics OF this G.
uld try. =.
8 of The charge and specificat
the against V. V. Ashford were
read,