The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1896-10-24
THE COUNCIL OF STATE
Concluded from First Page.)

The petition, which was signed by
large number of military and business
men, was read.
The Attorney General reviewed the
case. Fry had recovered. Since then
he had pleaded for the release of his
friend, saying he was equally to blame
for the shooting. Members of the mil
itary company and others had visited
the speaker in the interest of Nieman.
The man pleaded guilty of the assault
and was sentenced to Imprisonment
at hard labor for one year. In the Cir
cult Court this was committed to nine
months. Two months had already ey-
pred Several strong appeals had pre-
coded the one on the table The con-
duct of the man in Jail had been very
good.
Sometimes" continued the Attor-
ney General, Executive cllmency is
for the public good. In other cases il
might prove not for the public inter-
ests. l refused to dismiss the case on
the petition of the injured party, Fry,
for the reason that dangerous
weapon was used and that the assault
occurred in public highway. There
was a danger TO others from the ball.
and the disgraceful occurrence or
public street was an offense against
the community at large. I'm view of
all these considerations | would sug.
gest that the matter be referred to
committee to investigate and report"
Minister Cooper-"Why not ref FIR tn
the Prison Commissioners?
Mr.. Smith-"The man has been in
Jail such a short time that they would
not be able to report one way or the
other"
Mr.. Phillips-"Ths petition is
brought in here because the man is
volunteer. If anyone else had COM
mitted the same crime there would
have been no petition. There was a
reason for these Portuguese we hav'
been talking about to get up a riot
on account of the conduct of the
drunken man Nelson. But there was
no reason for this man Nieman to
shoot his friend. | am sorry for his
wife and children. They are to be pit
led. But he should have thought of
all this before filing up on liquor AMI
using his rife on his friend. Menu
is doubtless a bad man and will COM
NIT another such crime if released. /
will vote against either Il pardon or
reference to a committee"
Attorney General Smith, wish 20
answer Mr. Phillips remark about the
petition, especially as to the connec-
ton of the prisoner with the volun-
teers. The gentleman is incorrect. Be-
| ing a volunteer, Nieman naturally be-
came acquainted with large number
of men and they, of course, acquaint-
ed themselves with the circumstances
of this shooting, which occurred be-
tween members of their ranks. Be
! ing acquainted with the facts, they
petition for the pardon. There ara
| volunteers III pllSoh ioudN III WHO'S
behalf comrades have made no effor,.
Nieman has a wife and seven small
children in destitute condition. This
should also be considered.
Mr. c. Bolte-"l have known Me
man for many years. He was for a
long time luna on Heeia plantation.
| have known him to be sober, reli-
able and very Industrious man.
Secretary &. ". Smith, signed
this petition because | have known
Nieman for several years as a reliable
man. However, | told his wife l would
not promise to vote for his pardon"
Mr.. Brown moved to defer to next
meeting.
Attorney General Smith amended 70
refer to a committee. Mr.. Winston
seconded. Amendment carried by fol-
lowing vote: Ayes-Ena, Mott, Naone,
Winston, Bolte, Kane and Secretary
Smith. Noes-Brown, Phillips and
Robinson. TO postpone to next meet
ing for committees report passed
unanimously. Messrs. Brown, Kane
and Phillips were appointed on the
Committee.
President Dole said the Minister of
Foreign Affairs had another matter 90
bring up.
Minister Cooper-"On account of the
uprising in January, 1895, IA number
| of Hawaiians and others were brought
before military commission, tiled
convicted and sentenced. Among ths
number was Liliuokalani, the ex.
: queen, who was sentenced to five
years Imprisonment and to pay fine
of $1,000. She was confined in the EN.
ecutive building until September 0 OF