The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1895-02-22

morning was at home; got up pretty
| early; must have left the house about
| six O'clock; took a walk to the post
| office; waited around there for a while
| and returned to the house little after
| eight o'clock; my wife was there; Ke-
| Iiikuewa was there during the morn
ing; didn't hear anything said at the
breakfast table; did not hear him say
| he was going out to Kaalawai; never
heard KeIiikuewa or HAkuole speak
about the revolution.
With Kaae's testimony, the case
was closed, and Attorney Neumann
addressed the Court as follows:
"Mr. President and gentlemen:
'Mr. Kaae is accused Of misprision of
treason and it is with some difficulty
that / address the Court in his case,
for the two witnesses on the side Of the
prosecution have told their stories just
from the pure love of truth, and Of
course cannot be contradicted.
'I claim, gentlemen, on our part,
that the evidence given on the side of
the prosecution is not sufficient to con-
vict the prisoner. From the evidence
given by the witnesses on the defense,
Kaae was not present at bis house on
Thursday night, while the conspirators
were laying their plans.
"Kelfikuewa, the witness on the side
of the prosecution, Is a recognized
drunkard and was in his habitual
state Saturday night previous to the
revolution. He is the only one who
accused Mrs. Kaae of telling him that
If he went out to Kaalawai he would
not be able to get back. He Is also the
one who accused Kaae of telling him
to keep from going out in groups. 1
submit that his evidence cannot be re-
lied upon.
"Before this Court can convict the
prisoner, there must be clear and alb
solute proof that he is guilty. Upon
the ground that he Is a native and, on
that account, must have known some
thing about the outbreak previous to
Sunday night, you cannot convict
him. Legal proof has not been brought
forth, sufficient to convict the prison
er. We want something more than
what we have heard.
"I ask you not to consider the evil
dence which the two witnesses for the
prosecution have brought forth. One
man is a confessed drunkard and the
other a person who makes unreliable
Observation-Disclosures which have
been refuted by the other witnesses.
AT doubt whether, If / were q native,
anything I might have known about
the revolution would have been di-
vulged by me. Kaae is a native.
Gentlemen, he may nave known
something about this outbreak, but do
not convict him for his feelings. You
have the evidence and 1 feel assured
you will do him Justice"
Mr. Kinney addressed the Court on
the side of the prosecution, as follows:
al believe that there has been a
substantial case made out against the
prisoner, Junius Kaae. The cIrcum-
stances, with the evidence, point him
out as a guilty man. One of the
most prominent of the rebels, Robert !
Wilcox, together with the Lanes and |
others, heln conversations in his house |
concerning the revolution. A witness |
has been produced who said that Kaae |
warned the men who started from the |
house, to keep them from collecting |
in groups on the road to Waikiki. |
were planned in his |
house and the men who went to Ka-
kaako on Thursday night, started
from that place.
"I am willing to submit the case to
the Court on the evidence, but I say |
Kaae ought to be convicted"
Court adjourned until $3.50 a. m.yt
Morning. -