The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1908-11-17

INSTRUCTIONS ne mas received.
His Excellency Tang Shaggy, special
Ambassador of the Emperor of China
to the United States to convey the EN-
peror's recognition of the voluntary re.
turn to China of the American Boxer
indemnity, accompanied by Prince Tsai.
Flu and suite of fifty-five persons, ar.
rived in Honolulu yesterday on the
Pacific Mail steamship Mongolia and
was accorded the honors due his high
official rank by the representatives of
the Federal and Territorial govern.
ments.
AS the Mongolia came alongside the
Hackfeld wharf after dark, battalion
of infantry, comprising two companies
of the goth United States Infantry, un.
der command of Captain Parsons, U.
- y - " " y y - " y - y - y y ~ y
wit, Revised Statutes of the United
States, Section $3.50, 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
ifest 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 10, 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. He
was also visited by Joseph T. Liddy
of the Seamen's Union, who has taken
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 bade 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.
ono, Wynne had nothing particular
to say" said Joseph T. Liddy. che
took it like the brave man that he is
AS brave as any old Trojan or Spar
tan ever was. OF course, he felt bit
| put ont that he had to be hanged. But
he never will be. He'll go before the
Supreme Court of the United States.
1--WE don't deny that he did the
1dilling, and that he ought to be pun.
| ished for it, say fourteen or fifteen
years. But the very atrocity 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
| ed the blood on the ceiling and sides
of the room-this didn't come out in
| the evidence.
"And on such contradictory evil
ldence that they should find the man
guilty. There can't be any doubt but
that he was drunk when he did the
deed.
elbow will funds be raised for to
carry the case to higher courtf
am not at liberty to state, but / 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-
mem g Union which viii mold its an
nual meeting in New Orleans in Janu-
airy. This gathering can vote an rs
sessment on the members of the Fire
mon, Water Tenders and Oilers
Union. That numbers not less than
three thousand members. An assess.
lment of four bits a member would
raise $500, and certainly no member
would be so un-Christlike as to refuse
to pay four bits for to help get this
man a new trial, especially when the
evidence Is so contradictory. At any
rate. the case win be taken to the Su-
preme Court Of the United States"