The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1895-02-01

deny that he was not aware that ne
had been appointed to the supreme
bench. The defendant had full knOwl-
edge of the coneptracyS he knew about
ways was eogniZant OF the rebellion.
Mr.. Neumann said that the testi.-
mony did not connect the defend
ant. The Judgs-Advocate replied that
1t did: "EnoUgh," he said, "to put
him on his defense
The Court retired to consider the
objection and decided to sustain Mr..
Neumann's objection.
C. w. Ashford was called for the
defense. he stated that he knew
NoWlein; had business intercourse
with him covering few weeks prior
to- the present year; he last spoke to
him On Saturday, December %; had
not spoken 10 him since; he bowed to
him On the 5fh Of January; he had not
written to Nowlein; they discussed at
different times two points: one, in
connection with an anticipated search
OF Washington place for arms, and
rumor about the Wholesale arrest of
royalists; at this visit they talked over
some business matters; he could not
say how many times he had talked to
Nowlein; 1t was about six; Nowlein
called at his Office without being
asked, with the exception of one bus
inees visit; Nowlein had said nothing
to witness about overthrowing the
Government; he discussed with Now
lein about the evidence brought out in
the Bush, Crick and Nawahi conspir-
acy case; they did not talk about any
of Nowlein's plans; witness heard
rumors; did not receive any knowl-
edge of the receipt of arms; he did not
know anything about the bringing of
arms until he returned from Hilo; this
was on the 4th inst; he did not COM
municate anything to his brother about
the uprising; he saw his brother on
the day he returned; was not sure
that was Friday, the 2Sth; was one of
the days when he talked TO Now1ein;
there was 8 time about that date when
he called; witness remarked, 81 see
you are not in custody;" he read
Nowlein a strong lecture, and, de-
clined to have anything to do with
about his plans at the time; Nowlein
asked him not to go to Hilo; witness
refused, stating that he could not
neglect business; Nowlein replied that
if he went away they would get in
trouble; he was afraid that they might
be arrested; witness suggested that
his brother be consulted in case law
Yer's advice was needed; witness in
formed his brother Of the conversation
had with Nowlein; told him that the
case would be in relation to the whole
sale arrest of royalists; there was no
arrangement made for witness and
his brother to meet Nowlein; when he
last saw Nowlein witness had not
made up his mind to go to Hi1o; wit
ness denied the Waikiki road meet
ing; his advice to NOWlein was, If the
officers came with warrants they
would search; there would only be
one way to prevent it, and that was
fight; he said as soon as you begin to
fight you will get in trouble; told
Nowlein to request officers not to
so he could examine the warrant to
see if it was regular and legal; did not
know that the Waimanalo was
employed to land arms; had heard
rumors about natives and Chi
nese arming themselves; wit
ness made no arrangement
whereby his brother and Nowlein
would meet on the Waikiki road
Nowlein's statement is untrue; at no
time did he communicate to Nowlein
that he had received word from his
brother that an uprising was to take
place.
Cross.examined:-C not remem'
Der the date of Nowlein's first visit; it
was in December the first half; con-
versation was in his office; no one was
present at this interview; they talked
about a land question, the arrest OF
Crick, Bush and Nawahi, and the pro.
bable arrest of the royalists he sent
q message to Nowlein to meet him at
Waikiki; wanted to see him in regard
to the Bush-Cric conspiracy case;
wanted to get some information bear
ing on the case he sent hackman
for Nowlein.
In answer to the question, "Who
was the hackman?" the witness de-
clined to answer. Judge-Advocate
Kinney appealed to the Court.
The Court decided that he would
have to answer.
The witness consented, and said it
was a native named Keala, who drove
hack No. 13S, at the | X l. stand; he
told Keala to find Nowlein and tell
him to meet witness at Long Branch;
they remained at the beach for about
half an hour /; he talked to Nowlein
and with G.. B. Wilson, who were
there; when witness arrived, Nowlein
and Wilson were talking together;
after he transacted his business, he
drove through the Park to Waikiki
and then went home; he saw Nowlein
the same night at his house he said
have heard down town that crowd
of police had been sent to Bush's place
to search for arms; Nowlein said he
was afraid they would go to Wash
ington Place on the same errand
He asked what he would do; witness
repIied that he would have to submit
or fight; it would be foolish to do the
latter; witness would not state what
the nature of his conversation with
Nowlein was at the meeting
at the Long Branch; the meet
one, and there was no significance in
the meeting; it was not true that he
had received a message on that day
from the queen; Nowlein renewed his
request for advice at Long Branch;
the advice did not seem to please