The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1899-11-30
COUNCIL OF STATE
Ihara Reprieved to Third
Friday in July, 1900.
Discussion by neutrality-suspicious.
of w. n. Coulter for Pardon
Laid on Table.

| president Dole, 10 consider tne Ludllel
of the petition of Ihara for commu-
tation Of his sentence to death for muir
der, and that of w. II. Coulter for par
don.
There were present President Dole,
Ministers Alex. Young, II. E. Cooper,
Z. A. Mott. Smith and Theo. F. Lam
sing and Councilmen a. G.. NJ. Robert
son, John Mott, ]. l.. Kaulukou, Cecil
Brown, c. Bolte, John Ena, p. c. Jones,
]. A. Kennedy and \. V. Gear.
| The minutes of the previous meeting
were read and approved.
President Dole informed the Council
that it had been called together to con-
slider two cases of Executive clemen-
CIV. The first was the case OF lhara,
convicted of murder committed i'll the
riots occurring some time ago. In this
case the execution of the sentence had
for various reasons been twice with
held awaiting the final decision OF the
| Supreme Court. Since Ihara was last
| reprieved the court has rendered its
decision sustaining the verdict. There
are questions relating to the extension
of the Constitution of the United
States to this country, as to unanl-
nous jury verdict, etc, which must be
| considered before sentence IS carried
out 1t seemed to the Government
that IL would be unwise to intilct capl-
tai punishment with this uncertainty
hanging over the case. The natural
thing TO do would be TO reprieye again
were it not that the evidence anu the
comments of the courts made Ii DOUBT
full if capital punishment under the
circumstances was public policy. me
Supreme Court had found that the
lower court was justified, as the evil
dence in the case sustained the verdict,
but the Supreme Court could not en-
= ter upon the question of reconciling
, the evidence. Taking these facts into
consideration the Cabinet has recon-
) mended the communication of the SEN
tence to Imprisonment for life. The
President further stated that the Chi
: nese Consul had that morning called
upon Minister Mott-Smith regarding
the matter, which he would lay before
the Council of State.
Minister Mott-Smith said the Chi
nese Consul had called upon him that
morning and had stated that he haC
&c intended to- prepare formal proteS
against Communication of the sentence
hut found he had not now time before
the meeting of the Council OF State IL
the afternoon. He stated that the Chi
nese residents were taking great in
terest in the case and were very mucl
in favor of the sentence of capital pun
ishment being carried out. He though
that should the sentence be commute
trouble might arise, not with the GOV
/ eminent or Honolulu, but that Their
- might be some disturbance connecte
with himself. He then went into
statement of the details of the cas-
from the Chinese standpoint.
Minister Cooper said he believe
there should be a communication of I'll
sentence. He thought this was cas-
of Individual opinion largely. n
case was connected with the riots b.
tween Japanese and Chinese laDore
on plantation, where three men we
killed and twenty or more wounde
Minister Cooper here related the q
tails of the case as brought out by Il
testimony.l He pointed out that
lalibi for Ihara was almost proved
the evidence for the prosecution. Tee
nically speaking. he thought the Jul
was right in their verdict. The )
nreme Court also took that view. Inc
was no positive evidence that Ina
had struck the fatal blow. On t
other hand, he had shown premedlt
= ton in arming himself. The theory
\ conspiracy had been abandoned by I
- prosecution early in the trial. In VII
of these considerations he thought I
sentence should be committed to L
4. prisonment for life.
Mr.. Robertson. who was counsel
nil Tiara at his trial. pointed out at sol
W. length the discrepancies OF the e
rr dence as they appeared to the de1en
He said that the verdict mad stoou
for conviction and two Tor acqultt
He thought there should be comrnu
ton of the sentence, and that e1tl
the conflict of testimony or the Uni
~ States constitutional question was
lL ficient ground therefor. He did
III believe it would be safe to hang In
as long as the constitutional quest
was unsettled. He thought the [
nese protest should have no wei
with the Council of State, and said
ar attitude of the Chinese showed
Me dictiveness; it was their manner
getting even.
Councillor Cecil Brown said
ne' il IL we're not for the constitute
phase of the case he would vote aga
'e' a commutation He believed the [
stitution of the United States was
force here. and to hang Tiara the
eminent would be committing muir
Minister Cooper said he did not
auee' lieve in committing the sentence
cause il was illegal, but urged
there were other grounds which
ported such action.
Councillor P. c. Jones thought IL
'eS possible to reprieve in place OF c
70 CONSTITUTIONAL q
ton could be settled. This he tho'
would be better than communication
: would not vote for communication,
preferred a reprieve.
President Dole stated the petitio
the prisoner was for communication
he thought the Council of State c
change il If necessary.