The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1896-10-24
No. IIo3

ecutive" If it is a straight pardon,
say NO A jury of peers found these
men guilty of unlawful assembly. At
the trial they put in all the defense
they had. If the defendants tried to
prove that they were not participants
in the riot, it is evident the jury did
not believe them. They exhausted all
their defense and are now before the
Executive officers of the Government
for punishment. We cannot go against
this Judgment. Such policy will
mean to say to the jury You may con-
vict, but as soon as you have made
your findings we will pardon. 1t will
be bad, a dangerous precedent.
With pickets these persons were set
ting the police of the Republic at de-
tiance. You can make nothing less
out of it. | would favor reprieve in
the cases of some of the men. if it can
be shown that they are less guilty
than others. But | cannot sanction
pardons. The lightest sentences pos
sible were imposed. The court con-
sidered the recommendation to
mercy"
Mr.. f. c. Winston-"A juror who
sat on this case told me this morning
that he did not believe three of the
men were guilty, but that the instruc-
tions of the court were to either con-
vict or acquit the whole number"
President Dole-"Who were these
three men?'
Mr.. Winston-"He did not state
President Dole-'rhis is a matter
in which the Executive is unable to
make any recommendations We de-
sire the views and advice of the Coun-
ell of State"
Mr. Brown-''I move that the prayer
of these petitioners for pardon be de-
MED"
Attorney General Smith THE at
torneys of the defendants claim that
! justice was denied their clients in an
other way. While the case was pend
ing warrants were taken out for two
police officers on the charge of per-
jury. The Deputy Marshal entered
nolle prosequi in both cases. Later,
three officers were arrested on the
charge of assaulting certain of the
defendants. MOL pros. was also entered
in these eases. This course was taken
| by the authorities for the reason that
the whole issue was pending, with the
same parties concerned and the same
witnesses. 1t was desired to avoid the
confusion of having cross cases on at
the same time The impression the
defendants received, however, was that
| the police officers were unduly sup
ported by the department."
/ Mr. Wnston-''What is the general
character of these men? Are they
| honest?'
MIR. smith, know nothing TO the
contrary"
Mr.. Winston-"Was there not con-
siderable feeling among them and
their friends after the arrests Wrr
made and while the cases were pend
ing?"
Mr. Smith "Yes, there was some
feeling; but | think this was on ac-
count of the opinion, which prevailed
generaly among them, that the wrong
men were being held"
Mr.. John Ena-"I second Mr..
Browns motion"
Mr.. Browns motion to deny the pc
tition was put and obtained by the
following vote: \ycs-Brown, Ena
Mott, Robinson, Naone and G. W..
Smith-6; Noes-Winston Bolte.
Phillips and Kane
The second matter brought up was
a petition, with long list of signers,
asking for the pardon of Nieman, the
man who shot Jacn Fry about three
months ago. President Dole detailed
the circumstance OF the case The
men We're members of a volunteer
Company Company N. While re-
turning home one night, both men
under the influence Of liquor, Fry. ac-
cidentally or otherwise, was shot by
Nieman. The offensc was a serious
one and the Executive would make no
recommendations. At the same time
the petition sent in was signed by a
Confined on Third Pare