The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1896-10-24
LILIUOKALANI NOT
UNDER RESTRAINT.
Council of State Grants Full
and Free Pardon.
APPLICATIONS WERE REFUSED.
The Portuguese Must Serve Their Short
Sentences-Nemann of Company Has
Set Decentralization Strongly Refused
For Present--Matter Referred to Committee

Inc nrSt meeting OF the council or
State since the close of the Legisla-
ture met in the great hall at the Exc
cutive building yesterday at 3 p. M.
The meeting was open to the public
but beyond the press representatives
there were but two persons present
outside the councilmen; Messrs.
Creighton and Jones.
On calling the role the following
Cecil Brown, Mott, Ena, Robinson, Ma
one, Phillips, Winston, Bolte, CIV. Smith
and Kane. This being the first session
of the council at which Messrs. Naone
and Brown, elected at 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 to consider several petitions
one of which related to the Portuguese
who were convicted and sentenced for
rioting 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 afterward, but was
rather vague as to persons claiming
to be innocent as it 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 to go home and they did, but
afterwards they renewed hostiIities.
Nelson, he said, made his escape. The
minister then gave a history of the
case from the time it went to trial
and of the attempt to secure a 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
ed upon the indiscriminate manner
in which arrests were made at that
time and without the officers being
able to see whether the men arrested
were guilty of a violation of the law
Minister Smith said he had not at
tended the trials, but that he had in
his possession about 80 pages of type
written testimony of the trial in the
Circuit Court. He had requested E.
P. Dole to review the testimony in or
der to refresh his memory and then
give him his impressions. The result of
the review was that he was convinced
that two of the men were more guilty
of the crime in so far as they seemed
to be leaders. At the time of the jury's
deliberations a discussion arose as to
whether one or all to be convicted and
others discharged. Through a mis-
Of instructions the jury
returned a verdict of guilty in each
case.
As to the hardship, Minister Smith
said there was no greater hardship
in this case than in any other; it was
a hardship for any man to have to go
to prison. On behalf of the petitioners
it might be said the law has been vim
Dictated by their conviction. Owing to
the recommendation Of the jury the
sentence was made light, though it
might be considered severe.
Mr.. Brown quoted the law and said
that he would like to know what was
wanted a reprieve or a pardon. If it
was for a pardon he would say no.
They had been tried and convicted and
if the jury had not believed them guilty
they would have been allowed to go