The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1896-10-24
EARNEST DISCUSSION ON THE
QUESTION OF PARDONS.
Unanimously in Favor of Liliuokalani
Petition for Portuguese Rioters
Denied-Nieman's Case.

| The Council of State met with the
! Executive in hall of the House of Rep
resentatives at o'clock Friday after
noon, President Dole in the chair.
Present were: Ministers Cooper and
Damon, Attorney General w. o. Smith
and Councilmen Brown, Ena, Mott,
Naone, Phillips, Winston, Bolte, Kane.
Robinson and Secretary George w.
Smith. Members Brown and Naone
were sworn in, after which the min
utes of the meeting held July 3 last
were read.
President Dole said: Gentlemen of
the Council of Ctate--The Executive
has deemed it advisable to consult
with you on several matters which IT
now has before it. One of these is the
matter of the Portuguese rioting case,
with which most of you are familiar.
Early in April last certain Portuguese
had difficulty with certain other
persons and the police at the head of
Emma street. What was supposed to
be the disturbing element was arrest
ed, charged with unlawful assembly,
tried, convicted and sentenced to thir-
ty days Imprisonment each. Appeal
was taken to the Supreme Court On
motion for new trial; but in that
court the decision and sentence were
confirmed.
"A few days ago Mr.. Canavarro, the
Portuguese charge d affairs, repre-
sented to me that there were several
men among the number arrested about
whom there was a doubt as to their
connection with the riot. He stated
that petition for Executive clemency
in the cases of the men would be sent
in. | requested him to include all
these facts in the petition that the
Executive might have the full case to
work upon. This has not been done
The petition is here, but it pleads for
all the men and omits any reasons
why clemency should be extended
therefore submit the matter to you
without any suggestions, trusting You
will give it your most earnest consitl-
eraton.'
Secretary Smith then read the petit
ton, which was signed by the seven
accused men.
Attorney General Smith - "The
brawl was caused by one Tricks Nell
son, a man once employed in the po-
lice department, but at that time not
connected with the Government in any
way. He committed some meanness
up there and great excitement was oc-
casioned. Nelson escaped from a
crowd which, it would appear. turned
out to settle with him. Then came
the difficulty with the police. 1t was
"A rough affair, rioting. Several Por-
tuguese We're hurt and two or three
police officers received severe blows
One came near losing an eye as the
result of a blow. The principals, as
near as they could be identified, were
arrested tried, convicted and sen.
fenced, as has been stated. After the
, jury trial Circuit Judge Perry filed
; his affidavit, which would seem tc
r have an important bearing on the case
+. But the Supreme Court ruled this evil
, dence out, as an argument for a new
trial, on the ground that, while avail
able, it was not used at the proper
time.
Then the claim was made that the
jury misunderstood the instructions
of the court, believing it to be that
it must convict all or acquit at
} Four of the jurors in the case have
signed letter to me in which they
say they so understood the court. My
deputy, Mr. L. p. Dole, conducted the
prosecution in the Circuit Court.
have asked him il, from his knowledge
of the case, he considered any man oI
: men of the lot less guilty than the
1 others. He replies to me that hi,
opinion at the time of the hearing
was that Muniz, Rodrigucs and Jar
dine were most guilty of melting the
crowd to riot.
"On behalf of the petitioners
would say that the law has been main
}. tanned. They were arrested and hav,
v been sentenced. 1t does not appear, il
: view of all the circumstances, that i
, is essential to enforce punishment. On
4 the other hand a jury has convicted
/. the men, and they have what tn,
court deems proper sentence. Tn,
mercy of the court was recommended
by the jury, and was shown, as will
d be seen by the very light sentence i'm
0 posed. Ordinarily the sentence 70
o rioting is from one to five years. On
d month is very lenient.
D, Mr.. Cecil Brown-"l would like b
ask what is recommended by the ES