The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1895-01-29
MAKING A HARD FIGHT.
STRUGGLE TO SAVE CLIENTS FROM
COMMISSION TRIAL.
Mr.. Neumann Takes the Position Tha
Bowler and Ashford should lie
Before Juries.

1he Military COMMISSION began
work at 10 o'clock today.
Two prisoners, John Bowler and
V. V. Ashford were at the bar.
The latter was present simply to
hear law point discussed.
Mr.. Neumann talked with his
clients for several minutes, and
then announced that no evidence
for the defence would be put on.
Mr.. Bowler, however, would file a
statement of his connection with
the rebellion.
Mr.. Neumann then opened his
argument on objections to the
jurisdiction Of the Court. He was
answered by Judge Advocate Kin
ney and closed the argument him
self this afternoon.
Mr.. Neumann's chief contention
was that the case of Bowler was
one for the civil courts and did not
come within the jurisdiction of a
military tribunal. A military court
or commission was all institution
whose business il was to try
soldiers in time Of peace.
and whose power extended to the
cases of prisoners of war in time of
hostilities. He argued that even
martial law and suspension of the
writ of Habeas Corpus was uncon
stitutional at the present time as
the constitution provided for such
only in time OF actual war. He
assumed that the proclamation of
martial law was really necessary.
Mr.. Kinney replied to this in an
able argument lasting nearly an
hour. His chief effort was directed
to answers to Mr.. Neumann's
points. He held that martial law
was adopted to such times as these,
and cited authorities.
At noon the court took a recess
to 1880 p. m, when Mr.. Neumann
took the stand again for his final
argument.
During the progress of this legal
fight Mr.. Bowler appeared to be
the most interested man in the
house. He sat almost immovable,
his face riveted upon his attorney.
When Neumann would crack one
of his characteristic jokes Bowler
would smile mechanically as if to
fill in the slight pause.
Ashford sat solemn and quiet,
appearing as if he cared little how
the case or the world wagged OH.
At 2:3o this afternoon Captain
Kinney is still speaking.
In his statement John Bowler
will deny the truth Of the state
ment that he either knew the time
or place that the revolt would take
place, and that in no conversation
: with Sam Nowlein was he
informed of the arrival OF
landing Of arms or the enlistment
of men for the purpose of restoring
the exQueen or to overthrow the
Government. That like many
others, he has heard rumors,
but paid as little atten.
tention, and gave as little weigh
to them as to other things which
he heard not relating to the politics
of this country. The statement, o
which the above is the substance
will be written off and submitted t.
the military commission during til,
evening,
STATES CASE.
1t took until o'clock Mondal
, afternoon to finish the case agains
: John +. Bowler. He was connected
with the testimonies Of Nowlein
Bertelmann and the two Fer
!, brothers. M. N. Sanders and Geo
+ Green related suspicious circum
stances.
John Cassidy was called. Knew
Bowler. Remembered Showing
n Bowler through the combined Office
of the telephone companies. Bowie
came to new office and asked to b
shown through. This was betwee
: January Ist and the day of the VI
r rising. 1t was at Bowler's reques
that witness showed him throug
\ the building.
A. G. M. Robertson was called
Saw Bowler in Criterion saloon Sat
S urday night December goth. Bowie
e took Bruins aside and talked wit
o him. Bruins afterward stated t
e witness that Bowler wished him t
! Join IN a rebellion.