The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1908-11-14

the same and for the reasons following
to wit:
/. Because this court is, and was al
all times herein. without jurisdiction
to try he said defendant for any such
act set forth in the said indictment
or for any act set forth in any coun:
thereof;
? Because the statute upon which
the Indictment herein is predicated, to
wit Revised Statutes of the United
States. Section 1899, is unconstitution.
al and void;
8. Because no Judgment against
said defendant can be lawfully rem
dered on the record herein.
And this the defendant is ready to
verify
Wherefore. and for other errors man
fest in the record herein, the said de-
PENDANT prays that Judgment against
him be arrested as aforesaid, and that
he be discharged and allowed to go
hence without DELAY.
Honolulu, November Is, 1908.
(Signed) JOHN WYNNE,
Defendant above named.
From the courtroom Wynne was
taken to the Marshal s Office while
the mittimus was being made out.
Here Wynne was visited by McAller
and Fitzpatrick of the Alameda, mem
bers of the same union as Wynne, and
acquaintances and friends of his. Tie
was also visited by Joseph T. Liddy
= +Io Soo,,,o,, 70 T-u;o,, 1I-bo hoe +oIyan
a very great interest in Wynne's case
and has been active in securing for
him a defense.
Wynne did not care to say anything
regarding himself or his sentence. But
after talking with his friends for some
time, the mittimus having been made
out, and the patrol wagon having ar
rived, he babe his friends goodbye in
an airy sort of way and went almost
jauntily to the patrol wagon which
was waiting outside to take him to the
prison, where he is now under the
death watch.
"No, Wynne had nothing particular
to say" said Joseph T. Liddy. "He
took it like the brave man that he is
AS brave as any old Trojan or Spar
tar ever was. Of course, he felt a bit
put out that he had to be hanged. But
he never will be. He'll go before the
Supreme Court of the United States.
owe don It deny that he did the
killing, and that he ought to be pun
ished for it, say fourteen or fifteen
years But the very atroclty of the
crime shows that he was not response
BILE. 1t was the swinging of the ham
mer as he struck the blows that splash
led the blood on the ceiling and sides
of the room-this didn t come out in
the evidence.
& And on such contradictory evil
dence that they should find the man
guilty There can It be any doubt but
that he was drunk when he did the
deed
How viii funds be raised for to
Iut CdSS " mig SOuAG
am not at liberty to state, but I can
tell We how they might be raised. He
belongs to the Marine Firemen, Wa
ter Tenders and Oilers Union, which
is affiliated with the international Sea-
mems Union which will hold its an
nual meeting in New Orleans in Janu-
airy. This gathering can vote an rs
sessment on the members of the Fire
men, Water Tenders and Oilers
Union. That numbers not less than
three thousand members. An assess
ment of four bits member would
raise $500, and certainly no member
would be so un-Christlike as to refuse
20 pay four bits for to help get this
nan new trial, especially when the |
evidence is so contradictory. At any |
ate, the case will be taken to the SUI
,reme Court of the United States -
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