The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1895-02-09

Yesterdays sessions of the Military
Commission were entirely devoted to
arguments. The Commission came
in promptly at 10 o'clock, and, after
the reading of the minutes, retired for
consultation.
On returning, Colonel Whiting an
nounced that certain passages Of the
statement made by Liliuokalani must
be withdrawn. A marked copy of the
statement was handed to Mr.. Neu-
mann. The words which did not find
favor were as follows:
ga minority of the foreign popula-
| tion made my action the pretext for
overthrowing the monarchy, and,
| aided by the United States naval
forces and representative established
q new government.
"I owed no allegiance to the Pro-
visional Government so established,
nor TO any power, or to- anyone save
the will of my people and the welfare
OF my country.
And only those who were in prac-
| tical rebellion against the constitu-
tional government.
cali who uphold you in this un-
lawful proceeding may scorn and des-
pise my word but the odense of
breaking and setting aside for spe-
cific purpose the laws of your own
nation, and disregarding all justice
! and fairness, may be to them and TO
you the source of an unhappy aud
much to be regretted legacy.
"The United States having first in-
| terfered in the interest of those found
| ing the government of 1898 upon the
baeis OF revolution concluded to leave
to the Hawaiian people the selection
of their own form of government.
HThis selection was anticipated and
prevented by the Provisional Govern
ment, who, being possessed of the
military and police power OF the king
dom, so cramped the electoral pr1v1I.
| eges that no free expression of their
will was permitted to the people who
were opposed to them."
Mr.. Neumann objected to any sec
I tions being stricken out unless the
whole document was rejected. His
| objection was overruled, and he pro-
ceeded with his argument. He again
| objected to the Jurisdiction OF the
| Commission, quoting from Winthrop
on military law, as follows: GAS to
place and time: A military commits
sion has Jurisdiction only OF offences
committed either on the theater OF
war or in q place under military gov
ernment, or martial law, and COM
mitted during the war or the period OF
the exercise of such government or
law" He held that, provided the
accused was guilty of misprision, no
| act had been committed since the pro-
| clamation of martial law, and that
she was amenable to the civil law ;
hers was an ofense triable by the
civil tribunals. Counsel put great
stress upon the oath which the mem
bers of the Commission had taken,
and that they must convict on the
evidence. He then proceeded to q
summary of the testimony given by
| the witnesses.
Kaae held dual position-secretary
| to the queen; relative of Nowlein's.
| All of his direct testimony shows that
/ he knew nothing of a rebellion ale
| though an intimate and trusted ser
want of the accused; was confidential
enough to question afterwards where
were the Commissions that had been
made out. Forms of commissions
| from Gulick; constitution from Now
| tion from Rickard. No testimony
| that the constitution was signed,
only that it was delivered by
| Kaae to Nowlein after engrOssment,
| and carried away. 1t is curious that,
on the evening of January 9Th, al
| though present when arms were being
distributed to thirty or forty men, he
heard no orders, nor got none himself,
aid yet he was a relative Of Nowlein' g
and trusted employee of the queen!
| He understood that an attack on
Washington Place was to be prepared
| for, but, so little was the dread, that he
staid until between 10 and lilo o'clock be-
fore going home. He understood that
| arms were TO be landed at Kakaako.
| The diary he thinks was burned by
order of the queen; next breath he
does not know whether by her order
or somebody else's, although burned
in his presence.
In his cToss-eXamiDatInn be states
that he has no knowledge OF the or
| ders given relative to the urms.
kaauwae was steward, soldier ana
| gardener. He is another one present
at the distribution OF arms on Ihufs-
day night but had nOue given to MIN.
He saw the arms, 20 he saySi saw
them distributed 10 some forty or nIty
people, yet did not see one single
round of ammunition. De dld not
stand watch that night, although the
| evidence is that the watches were reg
ular from six o'clock to midnight and
from midnight to daylight. He went
| to bed at O'Clock and did not see the
| arms again until Sunday night. Yet,