The Hawaiian gazette., 1896-10-27
Council OF State Grants Full
and Free Pardon.
APPLICATIONS WERE REFUSED.
The ROr1uEuese MIST Serve Their Short
Observation-Disclosures OF Compsny Has
Set BaIk-Arrlioatioa SrrOnEs Refnsed
Fer Personalities Referrs5 10 Committee

The first meeting OF the Council OF
State since the close OF the Legisla-
ture met in the great hall at the Exc
cutive building yesterday az s p. II.
The meeting was open TO the public
but beyond the press representatives
there were but two persons present
outside the oouneilmen; MesSrs.
Creighton and Jones.
On calling the role the following
members answered 10 their names:
Cecil Brown, Mott, Ena. Robinson, Ma
one. Phillips. Winston. Bolte. Nv. Smith
and Kane. This being the first session
OF the council at which Messrs. Naone
and Brown. elected al the last session
OF the last session Of the Legislature.
President Dole administered the oath.
Secretary Smith then read the minutes
OF the previous meeting. The min
utes were approved and the president
announced that the object OF the meet
ing was 10 consider several petitions
one OF which related 10 the Portuguese
who were convicted and sentenced for
rio1ing some months ago. He added
that The Portuguese Commissioner had
told him that several Of the men ar
rested were not guilty of the crime.
but were arrested with the others
The president had told the commits
sioner that under these circumstances
& petition might be received. This
arrived shortly aflerward. but was
rather vague IS TO persons claiming
10 be innocent as il included all of the
men arrested For that reason the
Executive decided TO lay the matter
before the Council OF State for action.
Secretary Smith, upon the request
OF the president, read the petition
Minister Smith stated the case from
the beginning when Trix Nelson. an
ex-member of the Mounted Patrol
started the row. The combatants were
advised 10 go home and they did, but
afterwards they renewed hostiIitieS
Nelson. he said. made his escape. The
minister then gave 3 history of the
case from the time il went TO trial
and OF the attempt 10 secure new
trial in the Circuit Court on the
strength Of an affidavit from Judge
Antoine Perry in which the latter gave
his version OF the fight and comment.
Cd upon the in6iscriminate manner
IN which arrests were made al thai
time and without the officers being
able 70 see whether the men arrested
were guilty Of & violation OF the law
Minister Smith said he had not at,
tended the trials. but that he had II
his possession about 80 pages OF rype
written testimony Of the trial in The
Circuit Court He had requested E
P. Dole 10 review the testimony in or
der 70 refresh his memory and Jher
give him his impressions. The result o.
The review was that he was convinced
that Two OF the men were more guilty
Of the crime in so far as they seemed
70 be leaders At the time Of the jury
deliberations 3 discussion arose as to
whether one OF all 70 be convicted a2d
Others discharged Through mis-
understanding OF instructions the jury
returned 9 verdict Of guilty in each
case.
As 10 the hardship. Minister Smith
said there was no greater hardship
in this case than in any other: II was
8 hardship for any man 70 have 10 90
10 prison On behalf OF the petitioners
il might be said The Law has been vim
dicaJed by their conviction Owing 70
the recommendation Of the jury the
sentence was made light, though II
might be considered severe
NJ. Brown quoted the law and said
that he would like 70 know what was
wanted reprisve or 6 pardon. Ii il
was for 2 pardon he would say no.
They had been tried and convicted and
II the jury had not believed them guilty
they would have been allowed 70 90
free II the council was 70 take this
action the council might just as well
DO away with iuries If the council
grant E repTieYe 10 those who we're not
believed 10 be ringleaders that is anoth-
er thing. Judge Perry safidayiIis TO the
effect that he found 300 Portuguese
nearly al Of whom we're armed with
pickers- To pardon men who had been
convicted of 2 crime and pardoned be-
fore serving g day was establishing 2
bad precedent
Mr Winston stated that he had talk
ed with jurymzn who gave il as his
opinion that three OF the petitioners
were not guilty, but they had returned
that verdict because they were so in
STucted
Mr. Brovn-That has been denied
M Winston-WeIl. ne told ne so
today.
Mr.. Brown-M-. President. in order
that this matter may be decided,
move that II Is the sense Of the council
that the petition be denied
Mr. Smith would say further that
after the trial in the District Court q
warrant was taken out against two OF
the officers for perjury and both cases
were 1olle pressed Later three war
rants were taken ouI against the men
for assault and these pursued the
same course. This action was taken
because the other case was still pend
ing. Mr.. Browns motion 70 refuse
was seconded by Mr. Ena- The mo-
ton was carried by vote OF 6 70 I
President Dole then announced that
there was another case that Of Nemzn,