The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1898-08-06
WAS ON WITNESS STAND
MINISTER COOPER TESTIFIES IN
HAMILTON'S CASE.
Hawaiian Government Has Not Yet
Been Officially Informed of the Pas
sage of the Newlands Resolution.

The hearing of the habeas corpus
case of W. ID. Hamilton, charged with
murder i'm the first degree, before
Chief Justice Judd, came up at 10
o'clock this morning. Judges Stan
ley and Kalua, Marshal Brown and a
number of attorneys were interested
listeners besides "a number of others,
mostly Hawaiians.
Attorney Davis for the petitioner
read the application for the writ,
which attacks the jurisdiction of the
court on the claim that the sovereign
ty of these Islands passed to the Unit
ed States on the signing of the New
lands resolution. I'VE do not deny
that the courts have power to act,''
contended Mr.. Davis, but we insist
that they must act under the new in
stead of the old sovereignty, in other
words under the constitution of the
United States instead of Hawaii"
After some legal sparring y. l.. c.
Atkinson, who appeared with the dep
uty attorney general for the govern
ment, admitted that the Newlands
resolution had been passed by Con-
gress and that the printed copy in
court was correct. He would not ad,
nit that the Hawaiian government
had received any official knowledge
thereof.
Minister Cooper was then sworn as
a witness for the petitioner and testi-
fled that in his capacity as Minister o.
Foreign Affairs he had received no Of
fetal communication from the United
States concerning the Newlands res
olution through the ordinary channel,
which the Minister explained meant
in writing. He had been verbally in
formed by the United States Minister
that the resolution had been passed,
but beyond that verbal intimation
nothing had been received by the Ha-
waiian government.
rs there anything legally required
to be done by this government, the
Senate or the Legislature, to make the
| Newlands resolution eifective?' was
/ the direct question then put.
YES" answered the Minister, "the
formal exchange of ratifications be-
| tween the two governments which
will take place next Friday"
In answer to "A question by the Chief
Justice, Minister Cooper said that the
United States had not as yet eXercis-
ed any act of sovereignty under the
resolution.
Deputy Attorney General Dole ask
ed if the exchange of ratifications was
not similar to the passing of deed
and mortgage, but the court ruled
the question out as a matter of opin-
ion.
The witness was then excused and
Mr. Davis went on with his argument
which he said was liable to last till
the flag went up.
just before noon the Chief Justice
announced that he was prepared to
decide the matter. He should hold
that as the United States had eXercis-
ed no act of sovereignty since the pas
sage of the resolution that the SOW
ereignty of the Hawaiian government
had not yet ceased. With regard to
the question of an Indictment drawn
under the Hawaiian laws conflicting
with the constitution of the United
States, it would be time enough to
go into that when the sovereignty of
the Islands had been assumed by the
United States
The defendants attorney announce
ed his intention of taking out anoth-
er writ as soon as the flag went up.