The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1895-02-06
THE EX-QUEEN ON TRIAL.
WITNESSES SAY SHE WAS FULLY
ADVISED IN ADVA >CE.
Charles Clarke Test hes-Attorney Men
mann Has Many Objections
to Make.

hhNihS DSSh lSdu NSSlClNdN lllS
plea Of the accused was i'll order.
Before pleading Mr.. Nenmann Of
fered objections to the jurisdiction
of The court as the order converting
the military commission had never
been served upon the accused. Mr..
Kinney replied that when the
original charge of treason was serv-
ed upon the accused the printed
order converting the court was
served. 1t was not thought neces-
sary when the charge was reduced
TO inisprision of treason. Mr.. Neu-
mann denied that the order was
never served, whereupon the Judge
Advocate said he could prove serv-
ing the paper by the officer sent for
that purpose.
Major Potter was called i'll and
stated that he served the papers
upon I.iliuokalani, and to the best
of his knowledge he served a copy
of the order converting the court at
the time. The date was Jan
uary 3Ist.
Mr.. Newman admitted the pro-
bable corrections of Major Potter's
statement, but still objected to
the court OH the grounds that the
notice was not served ten days
prior to trial. The court retired
and returned with decision over
ruling the plea.
Mr.. Neumann then made his
regular daily objection to the iuris-
diction of the court which was
overruled.
Mr.. Neumann then objected to
the charge, as it alleges no action
against the laws of war. TO the
specifications objection was raised,
as they were vague and did not
specify any acts of treason or when
the accused had knowledge of
same. The charges against Sam
Nowlein as made in the specifca-
tons did not constitute treason
under the law. The attempted es-
Enlistment of the Government was
not treason. Therefore, the knowl-
edge of the acts alleged and charged
against Nowlein did not constitute
misprision of treason.
Mr. Kinney called attention to
other sections of the law wherein it
is declared that every person who
aids, abets, comforts or assists in
any way the enemies Of the Gov
eminent is guilty of treason. The
commission of treason" said Mr..
Kinney, covers a multitude of
acts" In his reply Mr.. Neumann
said that there was 10 law in the
penal code defining misprision of
treason. The court overruled the
objections. Mr.. Neumann, for the
accused, declined to plead to the
specifications and charge. The
court directed a plea of mot
guilty"
Charles Clarke was the first wit
ness for the Government.
Resided at Washington Place in
December. Was ohua for the
ex-Queen in which capacity have
served for two years. Remember
night January sd, There were
over thirty men at Washington
Place that night all armed. Arms
were dug out of the ground shortly
after dark. Some were in front
yard and some in back, twenty
steps from the main house. Ac-
cused was III the house when arms
were dug out. There were over
thirty rifles, bombs, revolvers and
ammunitio II. The arms were
buried in the ground about time
of Crick-Nawahi arrest. When
arms were taken out men cleaned
and put them on. Posts were put
on. Two fve-hour watches. Six
teen men in first watch, posted all
around. I.ilioukalani usually slept
in Eva corner, down stairs, near
Veranda. Five guards were
posted on this side. Armed the
men because Nowlein had given
orders. Movement to overthrow
the Government was TO be made at
O'Clock that night. Witness
orders were to ho.d Washington
Place against all corners. Bombs
were a part of the ammunition and
were 10 be used.
They were to be thrown into any
crowd that attempted to come in.
A part of the cartridge belts were
made at Washington Place and a
part at Charles Warren's place.
Witness understood thoroughly
what the movement against the
Government meant. AT midnight
received orders from Nowlein to
bury the arms, as the movement
was off. This was done. The
Sunday night following the arms
were dug up again and guards
posted as before. Had received
orders from Nowlein and notice
that movement would take place
that night. Saw accused that night
about 7 o clock. Told her move
ment was to be made that night.
She said Nowlein had told her all
about it, and she hoped it would
be a success. At 9 O'Clock saw
accused again and told her that the
Government was onto the move,
and Washington Place was sur
rounded. Saw Government troops
in Wallis Yard. Next morning
learned from w. w. Hall, who was
passing, that Carter was shot Then
gave orders to rebury arms. The
guards were instructed to oppose
any comers,s
On cross-eXamination witnes,
said he told the ex-queen about the
Ia,