The Daily bulletin. [volume] (Honolulu [Hawaii]) 1882-1895, 1895-01-18
EIGHT men ON TRIAL.
Three Plead Guilty and Five
are Entered mot
GDilty,"
Counsel for Prisoners Euttr Objection
10 Jurisdiction.

800 fS't'N '"tSo' w ''e'S
aglimpse Of the prisoners on their
way to the Court martial. 1t was
not until after 10 o'clock that the
military under Liutenant King went
to the Police Station to escort the
rebels to the Executive building. At
1920 o'clock Robert w. Wilcox, II.
+. Bertelmann, Sam Nowlein, w. &.
Lane, j. Lane. w. ". c. Greig, Carl
Widemann and Louis Marshall en-
tered the Court room where the
Military Commission had convened
to try them. The room was pretty
we'll filed.
U. 5. Minister Willis, British Com.
missioner Halves, Portuguese Charge
d'Aifaires Canavarro and L. 5. Con
sui General Ellis Mills were present,
as well as Ministers King, Damon
and Smith.
w. A. Kinney, Judge Advocate,
read the minutes of the first days
session. After a slight correction
by Judge Whiting the minutes were
ordered to- stand approved.
Mr.. Kinney stated for the benefit
OF the Commission that prisoners
had secured counsel aud requested
that the same be recorded.
Paul Neumann noted his appear
auce for II. w. Wilcox, w. II. g..
Greig, Carl Widemann, Louis Mar
shall and, with Antoue Rosa, for
James Lane and w. &. Lane. Mr..
Neumann then entered formal OBJ
lection to the jurisdiction Of the
Military Commission. He further
requested that his objection be
placed on record.
Antoine Rosa added that no had
been requested by Mrs. Nowlein to
appear Tor $. Nuwleiu, but had not
had au opportunity to see him, al
though he had often requested the
authorities for such.
Mr.. Kinney then asked Nowlein
whether he had desire that Rosa
appear for him.
Nowlein-No, sir.
Neumann stated that the prison,
ers for whom he appeared had nc
objection to the personnel of the
commission.
A A. Wilder was then sworn as
Court reporter.
The Judge Advocate then swore
the members OF the Commission
and was in turn sworn himself by
Judge Whiting.
The Judge Advocate then read
the charge aud specifications pre-
ferred by John II. Soper, Command
ing the National Guard of Hawaii
L he charge is treason by procuring
abetting and engaging in open re-
bellion against the Republic OF Ha
wall. The specifications are that X
w. Wilcox and the seven other pri
soners have at divers times durins
the past six months made prepare
tions Tor engaging in open rebellion
and during one month last pas
engaged in open war for the over
throw of the Republic Of Hawaii.
The Judge Advocate asked X. w
Wilcox whether he pleaded guilt,
to either specifications or charge.
Wilcox pleaded guilty to boil
specifications and charge.
Sam Nowlein pleaded guilty t,
both specifications and charge.
II. F. Bertelmann pleaded guilt,
to both specifications and charge.
Carl Widemann declined to plea'
to 81 Their specifications or charg e a
read by the Judge Advocate by al
vice OF his counsel. a plea OF no
guilty was entered
W. h. &. Greig eutered no Pile
under advice of counsel. Plea O
not guilty entered
w. T.. and James Lane refused {
plead, as also did Louis Marshal.
Paul Neumann aud Antoine ROs
entered a written objection TO tn
jurisdiction OF tho Commission T.
the Judge Advocate, who read tn
same, on the ground that no law i
the Hawaiian Islands is in vogu
authorizing Military Commission
also that the courts Of the Hawaiia
Islands are ready to do ordinar
business.
Mr.. Neumann argued in favor {
his objection. He stated that tn
crime Tor which the prisoners wei
on trial was committed, if committe
at al not against any members {
he Military Commission, but again'
the Republic OF Hawaii. The II,
public has Constitution and I'll
prisoners are entitled to a trial /
tho authorities under the Constit,
ton. The prisoners are accused
statutory crime and should he trie
by regular court. According I
the proclamation the courts of Il
land are still alive and ready to
business.
Mr.. Kinney held that martial la
is a law of necessity, and the exc
else Of that discretion lies with ii
Executive The Judge Advoca
refused to argue the question whetI
or the proclamation OF martial la
was discreet or otherwise, as all wi
have been aware Of the events SIM
the night Of the 9th we'll kue
whether it was or not,
The Commission, with the exec
ton OF the Judge Advocate, retire
for consultation. On returnir
Judge Whiting declared that Il
tribunal had jurisdiction to +
the prisoners and overruled the o
lection.
The announcement was met wi
stamping Of feet, which was imm
diately suppressed.