j;atcaumila24tfy - evols

il
$.- -
it .
ivai--
la
ailiiatj
imI
a
SSFREUE COtiKT.
AT CHAX5KK-- . 1
MbVbat, Oct,
ms momm; xistxx XTOfu.w
MWRATS WTIMN'.
05019 of liech Alclntvre, de--
mWt of J. S. WMknr for
at hwu.s tHschxrce.. and
BBdodmrof dStrifeatioa. Partly heard
ssi obbtbb 8 it. J. S. Walker present in
bb ot Hope. Petition for Jet--
startmn. lie Opart sr- -
J- - A. fao aamiatstratQr usdr
J. A. for
OcL iS.
TW Coast at 5 a. m Chief
JaaVi an the Boach. The. case
i was sot ior
: w&s tans of Ja . Bush
ar--
of which he was
ssnW editor and be
ctatTMa ami viiwts
f the ah The de-- '
wv
1
aar wss at dates the
r of the Mirer called
4a? Iv Lao o ka hot was
the Ka but
that in that
Tar
in 3tr.
aaWthenrtxa
2$.
Msgcoa
MoxnaY.
eMvoned
specially
pahhshias: certain
aewsttere
responsible
AaoraeyHieaeral
vcvMUfA
inrinai arttdes.
iwfei mentioned
aaMtsher Lahui," Oeuo,"
articles pahhshed
bnas the Oert of
Anatag ilwaeral then presented
Ivaae
to sriowart the of
ot and :
Mr. he
: aeB5saaiMr. wtan; K
anatfdat as aoase; kaawthopaper
Ka Lpo o Laaat ; aw had caaversa-taa-i
wnn hiatreLrtrw to his newspapers;
h saic fee a daily v&ar would
V Hi . he did not sav he weld start a
Ca: girianiafii Caa versakka was
Mar taw sea; Mita Sohe aad
are the aahbsaed edfeorsof the
5Cn Lv o ka Lam.
W. C. Avni .twr Attacnev-Oenera- l: I
Mr. Bash ; he ssed to have parr
V m has noose, and papjernriaied at
WtatM-r- V aadarrod that
JGkn d6e aad
adMors, laskad
named has aca
justice
are nahashed
him hr he
made matMcarUT
he
he was
the
oas wane aaanil
' he t one
" f are
r hr Ki I
.. .. . -
The tor wairtt I oed M
mx aaNatad m it
vaax paaer
jahh t
aaaeanacat a
xttornev
waweh
Ashford
hua
statemoat
rfanay.Bt called
Bash;
ttwnyat
oake;
Kaaaa
shaaki have
sshi chance
aatil after
caaeaamcr
Um
have
"Ka Leo,"
Itan.l tfeio: Mr.
my coaaset: doat
he rmrpd beiaf
b: I acid Mr BashlffOB
press;
of the aaaiished editors
aoad; thank ooaversaoon toak
'Jatraam; doan saxr now
35?
acts in evidence
of ham, ampeis OamherlSthand
shonae 'mtiamfy of araoes.
Jfra-araXM- K than tasted.
Mr. Kasa then m defease.
handred
handrei
returned
sumecmes
itoatnam
Itatorsw
she
edrtor
DepotT Obiedd
aaV xecacmeafts oaefc wttn
Maka and Jha Sheafan t
OBBatha.ce hoea Bmd: Bash, Eaaoa,
nmkn Soae, J. SaeUaa aad
hyrtati seenrinr
land the oaamas by eoanseL
J4fca
cited
mWig."--
-.
iar the vackaar andissa- -
Sash what says issae
iatr
comfamu.
peooB-- -
nmeneSBsd
"Ka Leo." Mnta
Leaf
have fuM
dmfmaOaS&i
natfv
"SaLea,
nWxams
on CBnmw
shetr
aaiy
pap
oy
jbVt
team
and
sui tar
she
wwffl
vcacmce
Btesh
is&ztela:
nasSae
-- ssatSafe
saassfediSir
ari:ri- -
cftxfCar
r'lar
aii.e
nw s&ocS xrtaces
-- sseemlfce
&xjzs
BMnse
ass: she Hx--
3&3esi sSiSiS pcE--
ZS
aaaams
is
ot
as
at
Bmmr-J- j aW- bWt
AB
BJteaa.
;ta
m;
m
of
E. I
tc he
ot
ot ate at
am ot tae
--t
me
I
""63
ec
SZSZZ&KB&jGli
rit"..nJni.tnri, --S2
nonnxxMl and if Your Honor should find
ap5nt m yw haw nm.tvlw. Submit
ijlTe manner o. gross and not specific
cnarges mams us unaoie
answer theni.
Attoroev-Gemer- sl Ashford considered
that little need b said. Mr. Bush's
evidence as being
His xveuhar religions tenets
influence the onke. The identity of
tjp he has endeavored toexplain. Ex-
tended srsunient would be a waste oi
breath. Another point is that printers
are pid oot of fund. Mr. Aehi is
specific in his statement, Mr. is
less specific in his denial and not
impeach statement of Mr. Achi, the arti-
cle cited were in direct violation of sec-
tion IS chapter of the Penal Code,
The speaker alsoquouxi Kapalje bn con-
tempts sections 2S. 24 and 56 and
cited case of Sturoc-i- S New Hampshire
Substance of remarks of Court in re
contempt J. Z. Bnsh. Am fully aware
of crea; power invested in the It
is one the Court has for its protection
the iorv and to insure
there, shall
no improper
ihnMKrh the rabuc influence exerted
press ior. purpose
of prtypadicing the public or obstruct ad
nuiu?iratoa ot justice,
not to take into consideration
aavef jhe items leveledatia as presiding
odcer of Court, It is quite an ac-
cident that I prswe this, term, it is not
my resadar term. Judge McCally asked
July to allow him to take that
term anil cast the October term
upon me,
So far the first oaeatioa is concerned
reardias: the respjosibiuty of Mr. Bush
the articles published in the "Leo o
Ka Lahui I am of the optaioa that it
has been proved to my satishu-iio- a
he is resMosible ior the articles,
although impossible ioran editor to
write au aracies mms-en- . xie is
and entitled share of what-
ever profits are and it is under
same admuiisUaUou and same resjxxaji-biMt- y
I have doubt ha:evwr.
toe case little worse for Mr. Bush to pet
forward a couple of msKnincaat men
like --Mr. Mika aad Kaaca as
the responsible editors but that will not
wetsb in my mind.
bis ior the
pnbUshed in Ka Otsio Leo
oKaLahuion the 3th ins;. The first
lines it a comment on preeeed-ins- s
pending trials, that gives Coart
jarisdtcuon. and the langasge in
which he characterises people, the ntse-teat- hs
of the popat&ce sympathise
he soM sritfc and have an idea that Mr. Wilcox
ns iMn; mwr eat of ta is who saesinced his liberty tor love
of cannery and that they Christians,
Wiw.ii .(MMHoaniMd Mr. the other one-tent-h iart take the other
snow
Maei
of
3Mfc:
cdfei
vew are "mordennf Aaa-t.nnst- s-
The Uw fair criticism of all
in bat where a newspaper
by its articles and by its editorials
well its items publishes material
which leads to make jurv ieei that
i thev woald be doinc what is wronc, and
vnat is nncbnstian woold be mnr--
deriag aati-Chris- ts or nafopoiar
man even be is peovea
Liaty I think that is dasereat, the
mfet dcioedry K.
eae is not subject to appeal,
which makes me inconed
a merciful of the cae.
The jeoakv of the law is
who seated fce editor is Mika ' three months imprisonment ami one
I am his sssfetsat; vare re-- r dofsirs ine in the discretion
Mr. Sash has not secanv-- otthe Coart--
do wick the nmaasagM : Mr. The seateaci the Giert ts that Mr.
difiar and mantcer of the Bash, be &? one Scilsrs and
I take the cash lac reeewts f Cftsts of this prcceedio-r- .
Lc :" do aac artiefes to Mr. His noaor bow stated that the next
far "SI Lee : we vmS: eharre I ease was the ioe vs. "WiSeox and asked
"Km. Lo" nest came oat : titelr f if Wlicax was Court. Marshal Sjfer
had so macn n do Fiank Metcalf : retired and ouscil v Kfe the
a&s my tnrirwa ; on the 25th of ' deJendant. His Hoeer thea. iastracted
i Sate xs edmar. f the Oec-- to azs.Tr ahe jary wfidch was
anm:
by Mr. I i dsae aac thej wers a?jkl. SxasaLi- -
andertakes.
Mika Sofee wrote i ierr Pesrsoe,
ana we nsed oabidecs; as assist- - Exrt.xtfe I was one of psnel at
I know of eanle wirn wraa? : f the itst trM of the defendant.
aeadoc wtaas the aractes f Anomey-GeBer- al
he ks ti liali sx to tne seebb: ot anv bboes wbo sat on
I bm1 mmS'Jt aad the seaasers : former case.
- V
&
, m
I maim
Soae ; Bash
Metcatf are
Mr. Kosa the
of
J
kBBBBBBBBBUBaSBB f1-- '"
Kftj Attatnjy lijBjcaX to
as
ks
.sraaacn) dm not
Mr. . mss
dau as a
the
aire
tne
far
ot
dacEi
l
tiiTannnm
nssaed
aati9
aafarto
akss
hath hate lees
3anh
Sohe Xaaoi
saey
hofct
eaten
asurs:
m of ae
LiLaL aV
3tr.
Bash rsspicsfei-.- il
-- oSsat- aae
tze xradfts
i-?ia- ar yuitBiiiawrr it.tr ssse
Jliiupar
aos?
:I3PSCSXre
Ibe
own him re-
sponsible.
Bush
.2S
42$.
the
ior
that
quite,
made,
Makes
admits
leader and
show
who
do-
ings Court,
and what
biw
torams
more
take extreme
sahmtt
Tihe tmai&eiarr was bv
AttKnevSeaeral
Mr. Eosa Obieated
aav sdh motioB.
zzzaoas
The Oert Tnoesht thii ajassrwaoi
had ior krser nart three davs
aad heare evidence distfe&assd aad
shall rme "Yoa amy stand aside
Mr. Eariostie--A- .
GOsas, W. HoBt, Ihca.
Mshce. Bright, and Sawashoa, Lnfeab.
mmuBsed, having nrevioes
Kimhih-Tii- r was encased lowest
fceiatr ssrerameat sriaol master.
D. ?. Kelktfs opEBioe vas she sar
kii.mt.dj evidence coahi not ehaase.
Kvgased.
TleCkrkaarwssiSdc that the panel
w&s exhaassed Cfert rdec
the "VtirhTi ohtaan mace afcsBes- -
&. isSt rots eicaseJ greaed
that was hdl fcc reharre arristai
sxBe
driradiW
Jonm j&k. Hadx axed
eridenctr -- S3sfci aot those: aad he
SM3RSrdL
S. T.araBBi Wss is siisse
that wxs iocarr trai
Leo never rvk: ti&ni semtv
axe cm-- and w? exeosed.
the Brills; essemV P. Bosbsob Hid stare onnka
9ek Oemtiar Soa exnesised aad waf exueseJ.
of the osticae fi-- J. Mis Wa5 fcecaabe had
os
of Oemaer aen asswerati assstaaoasry.
resocss Ka nai "wii Was; exeesei
iiiimFi csnas fcahiliu aewad echer
the traastaibces were inewrir" t&ss the aw aad the erir
""hidiin hat; atvxvs dtaatfi.
tTf rairv wece oKeoc. GJnMtad axai egfeiee
ABOBsew-eaec- al tcssaacuiv- - vsksh chaatr. Jxzasad.
dW Oaae; nWse TaSssses cectiaettlj csJfeti
its of the Ka Lea: snooty rjcranc-e-s xaic lz oroces:
Shui was!
ij'or.'
jfej Kx ets
meooka. Lahm ss esnraf eacx.xsr exxssisitaic fxs
iaA? ;fd zrt-- 1 vi? qi:.'i,J1it
ss -- & Cnx srere Lifttrf Ta Mr. Fetssssz.
sciodii
He
ssis&sec
martrct 135?
ctnw-Trre- fi,
Etf
va-v- s
Sam
StdfeCK esc--:
Ski. Iire
sis: sagsis
aas
tsar;
1
1 ii
W
:
I
wt.
ats cr
n
nJk
kjw
te
fee- - &e
ja
cf
BO
e--
J-- 4-
r
io pruperiy
one
does
22,
Court,
of
that
to
prefer
me ia
as
to
Sofre S. P.
He
in
used
invites
as
a
is
bv covec
This reason
to view
of
id
tena
Pe--
of
to aae
sat the cf f
is
so
2t os
of
a
as ;
the
C- - oa
on daarr s
C-- the
ha.(fe
: i
: r as
. ! eajtse
11th ;
af D. os ar--
--- J M I ec So fce hw
:
;
i
I obk Sm. i.
hr t sec
f f w-- e so
St is sac , ac
4rr3icvr
was
he
sC
M.
he
Ces-- s raiass ai zSi
he zbk ec
s asie
mi
s
at
s
?
ttt
nt
get
ec
ss
J
I
a
is
as
a n
a as
I
a a
...
v. K.
a
x
F
he
I
6 flu
i I
:
'
ii
-
:
'
r -
-- 1
t
.
.
i
t x
Zrie
...Jrw.
mssbSer
JDttx Lyccessttij' fcosH.
Mr.EteCerscn: wxe carif
s piEccxI. erasi eccaai psmx
grurrgas ECES.
cut- - XX CHiS? W2J2
in x
ia
ti T-- tM
.n.
irtriBsluft ovbMbir 8, ISM
is treason, Uio converse is readily under-
stood, because it successlul there is no
ersovnment punish. Consider this is
the way that the question should be put.
The "juror In this case 1 would bo
guided by the law and the evidence to
obtain my verdict.
To Mr, Peterson I would accept in-
structions of Court regarding facts
against the law, if they were in accord
ance with my understanding of the evi-
dence.
To Mr. Kosa I intend to be impartial,
I have no feelings of pity or aloha for
defendant ; I don't uphold" law-breake-rs.
Mr. Peterson submitted that the an-
swer! juror disqualified hiiuin regard
to his duty. He thought he could bring
it out if necessary that this man was on
the jun- - of those'mutineers the other day
and they brought iu a verdict in direct
opposition to the charge of the. Judge.
The Corut On this man's statement
I do not consider that I can disqualify
him.
The Attorney-Gener- al considered that
juror was too intelligent, he. seems wil-
ling to sit in judgment on the Judge in
presentmc the law.
Lohilanl, to Mr. Peterson Whatever
the Court, does according to law I will
follow: the evidence by witnesses
which the Court approved of would be
mv suide,
The Court I do not think juror ,is
disqualified in his answers.
vapauilua Am a harness maker; I
read the papers; the Elele, Oiaio and
Ka Leo Lahui ; I subscribe for all ; read
articles relating to trials ; read last Fri-
day's Elele but not the others; dismis-
sing of jurors in this case has not influ-
enced me; I worked last SOth July;
worked till 12 o'clock ; have not had
much talk on the affair; formed opinion
then; hoW it still, it would require evi-
dence to remove it.
To the Court Do not think I would
be a fair juror. Juror excused.
Sam Kamukc Was at workJuly 30th ;
take PaeAina, Kookoa, Bulletin,
ss;
take Mr. Bush's paper;
did not read articles in his papers; have
not formed any opinion of gudt or inno-
cence of Mr. Wilcox ; no oae has asked
me to subscribe to expenses of this trial.
To Mr. Kosa I have not expressed
opinion ; have read accounts of trial in
newspapers; nave not wirmea opinion;
in one issue of the Pai Aina it said that
those engaged ia the affair ought to be
hang; l"am a special policeman; still
hold that appointment.
G. W. C-- Jones. Jr., to Mr. Hatch-Kn- ow
of no reason why I should not sit;
could render verdict according to law
and evidence.
To Mr. Kosa I am nineteen years cf
age. will be 20 ia December.
The Court I think Mr. Jones is not
qcauned, although law does not speci-ncall- y
state, yet think the law means
adults, and that to my mind means that
iorors shoeid be 21 years, el age.
Mr.akwnu. to "Mr. Hatch I have
expressed aa opinion oe the 3Xh July;
evidesce woaki be reooired to remove it;
opinion is not fixed, it might be removed ;
am a fisherman.
To Mr. Rosa Those two verdicts have
f changed my opinion somewhat.
To Mr. Hatch I coefet tallow instrae- -
t tiens ec tour: ; ccafcl give venues ae- -
eosrxnag toevni&Eee prcaecea,
J. K. Kasehko to Mr. Hatch Am not
related to any of those connected with
i aEisret jeiysjsn;can re a iair jcror;
am a e&rpenser; rtive rea-- i rejxjns ioj
.bteie, i"ae Aina aaa KaiEOJ-anm;aon-
't'
know what charge ikox wul now fctj
tried far; part o my decisiea wocM be
gvemed by the evidence, the jeeher part
I.y the instroetiess: of the Coert; wocld
BaQtkW imzrrvtinB d Cosrt.
I T t?irir I trirl irit (tht -- -
was g3tagoa down town; have not ex-sress-ed
opinios.
KahaEfikawua to Mr. Hatch Week
SccHoI&ter; was at work Jrfy 3th;
stopfi alter lairly fcegaa; went home
iminediitely, staid home all that day;
read aeeeants in Oi&io and Ka Leo
Lain; have no: made bd my miod
front what I have read; can cive verdict
oatawanderidenre; woold wec-- h evi
dence and instrBCbess of the psdge.
To the Oeert I have never been ec
jasriewce.
Mr. Hatch, thoasst the wror was
asajat&liBed iy stating that be woeid
weigh the iatstraetioas of the jadge.
The G&sit did not so consider.
To Mr. Ecsa Have lived here seven
ere regarded by tfe Crass Is tbcstytazj; rgcetTed e&xaiiQa it Hifcj and
and
he
as
ieaec?
tins
as-
to
civen
raiv
Lahainafana.
J. Bcoaaifcii Live a: Giife Hem;
week in same E&ee, HoHisier7?, asprc-vioe-ier- or;
sec relatai to his; have
ace exprescif opinioa oa arTiir cc Jely
Sfch, worked JBlySXh.cntSfairiv- - cecr-jaeaee- d;
staid at toese aS day after
eavsagwori; weafrlfce saded by evi-dea- ce
and instrseoses cc the Cccrt.
To Mr. Bssa My eeapioyers have ncc
sc&es to ia? aioet the aftir; have read
ae-sspu- ec at-osn-ts aJbias the trio!; this
is the Sest time called to sit oe a jery;
was xt work and t wxs sent far.
Tto the Oaart I was aiocttcfi at
csssssaaa strhoife cs Mas..
S. K. Meetaps to Mr. Hateh An a
us&nr, vsrt cr Mr. rrider; feire c&c
flajcr3wca ic aid cf descsa; wxs at
vwi terta wei
iaED street and ko&ai cs; feare read
Kaoksis, Ofti.Kj. Leo Lahsi; xzreed
with soee cc the opiniaaf expr&eel
there; I dws't thjak I have sk ce--
z dais case.
At3:-- Hy, Hoasr dedhrai x seem
i recess ccc--
f dKcC tfee BefKes wxs en&aac&i.
AfciZCTi --Tfj -- a, Kr. Hifen irp &
csaKctBBtsr ia Asrzssnszz. coee; I fexrs
Ssnzed ss eotasis r&nnSar ssi& er e:--
LZECgoes cf &sBita ; tare x xal cpfc--
Tari-- TVBZlZa-
IfTrihrfr-B- t Hxie set
xzEiesiiSc of
hxxe ra.i
cttwsaicer xnaKse; curse, istasw fc--
f srrciEe cc Cet: rcxr5er te b.w.
XoMr. Bosl Lwas $& zlcaz tee
v'ij!;i?T-i.- -
ttt! x cc 32 errxsi xsd p.
Jfrfx 3It3 - J fctv fear:5vwfcrS 5eci-Cio- 'tz& szjt&r tse Pxa Afe
acxrfei
sza. LxSsrr;
Jey31ca;2XT tsq xsy P1552S grre cpcsse TreTfi; rrxTe
cciiK3ce; streraxa ssgnyess. xra x cc jjctj eegs eagre.
snfessseer x xifc x cxizair cf ricpss; I Ssusfxt de Ex Crax S5d ret fff--r as
ji j, r 00c lire " ' tsxx t xsaexrrssr cf Pirf Aro.: ci icsy-j- z aseazllc ss : tfes kes, sr3; tfnie cc p:y;
jcaaK- - oosEsei ssses: reT2r"i tne crn waa I fcurre reiif : xxs3rileadi3rTs,TerS:X3cr-s- - s h.sr szH
tfitzc
3
t
ess
iam
a i piece jso2Dx. eTacenre ; hue no sexrien cecacn i xs:
-- a poSorxJ ffiognr, cf wterL Mr. hz Sacra'' sSere xtai 6xre Suczetiises ex--
js
ST
don't
pes-g- ei CCG2EE SSZ 3t XDJCXEScdwEh
WBcnx,
4 rSvCcax"cxvasTSe;izid Ss ecc--
The Cos; stai x sersac nzEyfes-iEijiEKe- ii; isis Eeea tx?hza xEcet x r-s- ai
jnssfxcfe cs cse ferce.ye xreyw swaat'ifrt!rFcstze;gssc;iigye txixai x. grsa.
t aaaassc acy. xac sea txis tne- - grnrri-e-- r. I aeai; i wecht ce ycsxzzessZ fcr vsa
? y--r- orri-rT- P- gf &- - re-- V pior.i ctt, ExE3af- -
1 t 6E6
Mr
isc cxTe pxi 23-s-- R J"-- lpjargxs: ..rr ssfes!E2 2
TeficarScf jjerraa et
aXjtt -- e --.wsr- 33; asms gneaa-cchSiisr- as. t jj.gr.irf fir w-a- r
-,..- .-,i,. fci--g rn yLZ-sszs- aa iLms-icu- s tag oita-u-c ceo-t.wT.- ivj . &
4l.:
xxszcni isr x.z. rxsara;
2 case; cant x fe--
Wddii mrvrv& ZSTT
.fc. j. i . f.-- .v . si--. x s
Mr
' Z - ' '" "T W f.i ."iT. --....
. . rrv.fc - - - . . T-
&- - 5r cxa-HExs- ai JS Ssfc eregS3te;isirxni. caae oig; fcryg seavS 2&t tfrzz. Kkdfeg.
Ss4el3ae essctatTR fexTef TE&Oxzz amf nspmnwed rwrwsng f agTaattf:; exa girefca3e&-recsgfc- .
;. ,..
;
;
;
5
c
VigwIWfa.lVtllWnM0WWWW8WWHlwyiMMiii
HAWAiutf Gazette.
Jmy2tsh;xscrariHe:
cfe&E3aBtc,-whaefc-
To Mr. Rosa Was found ia Us Blreet
on way homo to dinger when sum-
moned ; have not boon on jury before ;
dou't know ,what a juryman gets, have
heard?.! per day; gt raoro than that
from my regular bulws; firat time
I havo Eooti K. W. AYileox; know W. L.
A ilcox,
K. AilautoMr. Hatch Ilavo talked
about caso ; expressed no opinion ; was
in William's office July 30th.
To Mr. Rosa Am a printer by trade;
know of venlict riven by foreign jury
that would not influence tiio in this caste:
last worked in the Gaettts office; my
mind is now impartial; have been a
juryman before,
S. Aki Work John Nottfa; have ho
decided opinion ; know tho duties of a
juryman.
To Mr. Rosa llsivo read accounts in
nearly all the native papers ; I subscribe
to all of them ; I was going homo at noon
when summoned here as talesman;
niind is unbiased.
This finished the examination and the
prosecution stated that they had no
challenge to make. Mr. Kosa'now chal-
lenged peremptorily Sam Kamaka and
his place was filled by the Marshal call--
Moses Patau Am a salesman in
Fishel's store ; knew of no reason whv
he should not sit; would be governed
certainly by what would take place in
the Court.
To Mr. Kosa 1 read the newspapers ;
am entirely unbiased.
At 4 :45 the defense stated that the jury
was satisfactory.
Mr. Hatch then challenged peremp-
torily Lohelani, and David Hoapili was
called, and who answered as follows:
Am a salesman in T. H. Davies dt Go. ;
have made up my mind for the defend-
ant. Juror excused.
Manuel Silva called, and being sworn,
said Am proprietor of the Bay Horse
saloon ; could give unbiased verdict.
To Mr. Kosa Was previously in dry
goods business ; never been on jury be-tor- e.
Mr. Hatch challenged peremptorily
Xeekapu, F.Harvey being called, he said":
My business is shipping master for
Inter-Islan- d S. Go. ; have talked over
case; have opinions formed; don't think
tuey can be chanced. Juror excused.
Marcus Colburn sworn said Have
termed opinion could not try case on
evidence and ask to be excused. Juror
excused.
Herbert Mossman sworn Am preju-
diced could not give fair verdict; I car-
ried a gun that day and was against the
movement; have a fixed opinion. Juror
excused.
John M&na sworn said- - Am a hack-drive- r;
have formed no opinion.
To Mr. Rosa This first time called to
act as juror; educated at common
schools and T.nhainalnna.
Prosecution now uses their last per-
emptory challenge and retires Kaoliko.
Chas. B. Dwignt states Have formed
an opinion; could not be changed by
evidence. Juror exensed.
Joseph Aio Am doing nothing just
now ; have not talked this case over; no
opinion ; live at Pataxna.
To Mr. Rosa Have been idle about
three weeks; have net discussed this
affair; heard down town that I was
being looked for as a juror so came up.
At5:lS the jury was again declared
acceptable and His Honor warned them
against conversations with persons out-
side regarding this case. The jury was
then sworn by His Honor after which
the Court was adjourned until 10 o'clock
next morning.
The jurv as now completed consists of :
S.K.Aki, C.K-Xn- i,
S. C. D wight, J.
K. Ailau, M. Palan, M. Silva,-- TV. K.
Ka?aghv, J. Pcmaikai, J. B. Nakumn,
J. M. Kanalekacila, John Mans, J. A,
Aic
AT CHAJ3ZES.
TrisnAY, Oct. 29.
bxtosj: ms eokok ocstice dole.
eqcttt eitcsioit.
Mxry C. Beckley vs. George Lacas,
executor, et al. Bill for specific per
formance return day. By agreement
ef coenset the hearing is contfEued nntil
Thersday October 31st.-- J. M. Mon-sarr- at
attorney for plain tirf. C. L,
Carter for G. Lucas, and C. Brown for
J. F. Morgan et aL
SEFOSS HIS E0502 JTSTICS PKESTOX.
xjlw rarrszos.
In re baiinrptcy of M. Dickson.
Binfcrcpt's petition for discharge.
Ordered that he be discharged from his
debts. C. Brown for petitioner and peti--
ticnerin person.
PSC3AI3 cinsoy.
In re estate Henry J. Hart of Hono-iel-e
drceased testate. Final acccact of
Alex. J. Csrtwright, one of the execn-trx- s,
xsd his petition for discharge.
A&o the petiticc cf Mrs. Annie Si Parke,
execxtxix of W. C. Parke deceased, who
withe ether execctcr, for discharge.
Ordered that the acccGsta te approved
x&l ifaster's repcrt therein cccfircried,
xi that execnters be discharged and
their tcc.4 cxscei!eI. C. Erown attor-
ney fcr petftfocer and petitioner in
cerscc
a2jZ2 Els COLLI 3ZS7ICZ JUDO.
TLeCwirt wxs opened as-- S o'clock,
Chif Jcsfce Jcdd prsadmz. By pre-vke- gs
anaragrrrert the divorce case2fo.
Ifcc GrxrnLerg vs. Gnmberg, was called,
W. O. Scikh appearing: for plzinfiff.
Case W25 heard and His Hoccr reserved
his dectsiec Eecese ms. nxd at 9 :3Q
Es3 19 octoci.
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in
S.
iCTKs: er tee wncox cgsszsziet
TEUX.
At 10 GfckcJt the Cccrt
xd the prsEniicary p7ecxrxtccs fbr
prcgrrffirgg with tie trtxl d E.W.Wilcox
cfctrgai with ccnspfxxcy.were proceeded
Eefere xiirsssfr? the fcryis thexoore
f exse the AticieT-Gersx-l sczted trrTBs
EcccrthxtiJ.fctdb2es decided thtt the
Gc7reci TTodt&ra loess? fcZksvuo
Ithechxrs-- s c trexsca xssfzs: the de
feri-c-jr- . szd be desired to ezte? x soCe
crxe. Hs Hcccr ordered cJerlc Henrv
Sa, to rxis esirjee tee Cfcartrs- -
exz&cL tie sase prcs. xzxisit Wilcox
ea the ctttt ci tresscc
lbs At'-j7-GEer- xi ttafed fcrther
text ts dixrga ggzfr.t Sacn Eoci (Cxse
So. W, tzxzEgbzcj kxd tees drepped,
tfaers cct fcersr scfect eriicEce to
cccrrat. He x&o Stsd that x eatzs--
Ht. X xttocser nsmn l r rnn
cc zrt jXrmi
JLs tg
3zz?t&2 az. caas mt
zzcze cf prrrxte &zn pctds
Extrre Le ecc&zsd it ms jxtex to
scxzzjs. fzzibez a&xg&za ia tbsi
TteAHnxzej-Gzsec- sl aorldfip
criairiKdhSix.'iirsaetofeeferr is. ibe
lcaaecfE-W-lli3c3steferjEdTK-
t&c
ccc--
sprracj. 'ine speaker toarfcaf. epos toe
fats ntxh. &. atosseaBaB. wosld &1--
rmes ssd. sketea. tie
em pjan-i-irti:-ii irsSa. ike eqmsSm&e bam f
ft
.fc Ai OT.J
x x
-- -.
.
Ufk
its Inception to tho itMwrrectory move-
ment on July 30th. He claimed that
tho prosecution on tho charge now pre-
sented, need but otFer proof of tho con-
spiring together of defendant with others
to form a conspiracy and that would bo
sufficiently well shown. To-da-y defen-
dant was not charged with treason hut
with a conspiracy to commit tho crime
of treason.
At 10:50 tho first witness for tho
prosecution was called, being
KobcrtBoyd, who on being sworn,
stated in substance that ho had been
abroad in Italy, studying for eicht years
under the auspices of the Hawaiian Gov-
ernment j two other Hnwaiians accom-
panied him, Wilcox and James Booth.
.Witness then recounted tho story as
previously told by him and which has
been fully published in the AnvKirriSKR,
relative to his connection with a secret
organisation through the medium of
Wilcox's influence. The gist of wit-
ness evidence tended to show that
Wilcox was president of tho organiza
tion ; presided at the meetings held at
Iwileiand Palama; administered oaths
to new members and was recognised as
the head.
At 12 o'clock nis Hotf or onlered a re-cft-ss
nntil 1 o'clock, Boyd being still
under direct examination.
arTEKXoox session.
Court re convened at 1 p. m. and Mr.
Hatch for the Crown contiuued the
direct examination of Boyd. It was
noticeable that but few people were pre-
sent to listen to testimony given. The
bulk of the testimony of this witness re-
lated to the events directly leading up to
the inarch in tho early morning to the
palace. Ho testified to Wilcox being
the originator of all movements made,
up to the time of entrance within the
confines of the palace yard. Witness
stated that he had drilled the soldiers at
the barracks at the request of Wilcox ;
had drilled them in the use of the can-
non ; Wilcox had previously drilled the
men.
At 1 ioQ the cross examination of wit-
ness was continued by Mr. Kosa, Boyd
saying: I heard that the drilling was
done at the request of the King; this
was some three months after I returned;
I returned some time in 1SS7; no con-
spiracy existed then that I know of;
Wilcox led us to the mauka gate; he
was very confidental with me in a good
many things ; I have several reasons for
exposing Wilcox; one of them was on
account of being in prison ; another be-
cause I have a wife and child to look
after; have become a father since being
in prison ; no members of my family cau-
tioned me, they could not, they knew
nothing about this : James H. Boyd is
my brother, he never chided me for
plotting against the King ; I said once I
thought the King a weak man ; I said
that on account of Wilcox ; my brother
thought 1 was in with Wilcox" working
against the King, that was why I made the
expression ; did not take my brothers
advice because I think I am quite
old enough ; considered that what I was
doing with Wilcox was right; even after
being shot and while treated at the hos-
pital I still thought I was right but had
failed ; I was in fear of being hung; was
told by the Attorney-Gener- al there would
be two or three on the noose ; supposed
as I was one of the ringleaders I should
suffer; did not like to be hung and leave
my wife and child in despair. Do not
remember my brother saying "Bobby I
won't stand your plotting against the
old man." Don't remember that my
brother ever said that he would "tell the
ministers if I did not stop." On the
Saturday- - preceeding the 29th of Jul- - I
went to Jive with Mr. Wilcox. We had
been very intimate friends, almost like
brothers. At the meeting when the
wine circulated I was the one who sug-
gested to move that night. Was afraid
that the affair would leak out and also
hoped for John Baker's influence. Baker
said that if any one should try to hurt
the King, even if bis hands and legs
were shot off he would still try to hife
that man. Our meetings were not
against the King. Got the idea of this
movement from my own personal feel-
ing. Felt bitter because I came back
here to loaf about when I would have
been all right if I bad stayed in Italy.
I felt despondent, this being my own
country. Heard that present constitu-
tion was obtained in a very unlawful
manner. Arms came in at the fifth
meeting. The rifle association was called
Kamehamefia Bifie Association. Wil-
cox, Boyd, Markham, those are all I re-
member as members. The King was
an honorary member. Held meetings
in Wilcox's office. Poepoe was a mem
ber of both the rifle and secret associa-
tions. Also Maiulaui and Kaiua, went
into palace yard to obtain objects of the
constitution. Objects were to dethrone
the ministers and obtain a new constitn-Mo- a,
We expected to find the King
there present. Wilcox never read to me
the constitution. It was the rumor that
the King sympatbixed" with n3. Can't
tell who told me. I really thoaght be
wocld have signed it. We would have
had trenches for our cannon if we ex-
pected firing from the. outside. Was in
palace with Wilcox Saturday previoos
to the 23tfa. Went to see the King. Did
not see him. Went into barracks before
that. Went to see where the gnns were.
Went alone. Kahalewai was not present
when Wilcox and I went to see the King.
One of the palace soldiers told us that
the barrack soldiers were all with Wil-
cox. They are the King's soldiers.
Heard that there W23 s split in the rifles
and that two companies sided with us.
There was something in the oath about
"natives not beinz treated right in their
own cocntry" and that it might be
righted by overthrow cf the ministers.
Oxth was noc taken in the "name of
God." "Joraments" is the Italian for
fcath, this wxs a little different for we
did net swear to Goo. Ihd not expect
any resistance from the King. Do not
thixx movement wedd havj- - taken
p!a K fat JZinz. showed zny rmisiznee.
Kiies I hoczht from Brodie were first
csed for rie aegccfatioa. Hare not
made statement that I wocld implicate
others net in. this Uzjiszcdaa, did net
dhczse sail sained "with Markham.
H--d not say that yea iMr. Bosz) or Wm.
Weed were connected with it.
To the Cocrt Wilcox was dressed in
IiaHxn zriSlery cnifbnn.
Io the Attorney-Gener- al AU I can
raeesaber is thai the Attorcey-Gener- al
said there wocld be scone in a noase.
To the Cccrt-- Yes, I knew right along
that the pesaity for trexsca was hang-in- z;
'twagjgopatricticonnrypart; I
me ia. despair.
XbMr.Bcsft Ihaye been Hberxfed,
aac fejejxcrj rsr rsxde waa that I
tefl the trs4h aad scthisg bst ike troth j
was bted ibe secxd dy t ikelooEiem
hraJ.
Gtectas Mnrirhaa wm rxnr cailed'bj
the Crown, aad alter the nitnese was
sworn Els Hofccr at 2:15 (ekekver- -
za&CilxS&xmcemrjiVmmiEmt&i.
(ten wnemhliKg, aW Aitersey-Gea- -
.V. '' -
iMmlM,iV"-'nTri-
-I'
m
I
eral commenced the direct aKamiMriaw
of the witness, Markham, who in Ml
anawers corroboratenl tlve gtrttomaahi of
previous witneaa rcKwlif the pnmnie
of Wilcox at meeting fliHl his apparont
authority. Ho a!io tcetlfted to Witeor
being in command of tha battalion oa
tho march to tha palace and aiao la
Wilcox ordering a police officer into Ike.
Cross-examinati- by Mr. Koea Tin
polico officer I saw taken in Una did not
resist; Kahananui was the one who pro-
posed going to tho palaco and we M
voted in favor of 'his motion; I under-
stood that His Majesty know something
about being at tho palaco ; I knew the
King was not at tho palace before we
started : I supposed ho was in his i
at Honuakaha.becauso saw lights in
room ; went to the palace rather than to
Government building because we wasted
the King to bo with us ; had arms be
cause tho King might have gone beck on
what he proposed; got idea that the Ki&g
had proposed to sign, from Wilcox;
arms were for the purpose as I have
stoted, he may have said "yes" before
hand and then gone back. Carried gwte
also for self-defen- and also to protect
His Majesty and keep the peace.
Thought tho "King would have enemies
if be had signed tho constitution. We
proposed to go into tho palaco and take
it and the guns. We wanted to take the
guns so as to use them, if necessary,
against those who might wish to capture
us. Did not intend to hurt the King.
Did not intend to kill tho Ministers or
do bodily harm to them. Had no inten-
tion to do anyone bodily harm. Wilcox
cautioned us not to hurt anyone, nor to
destroy property. Wished Baker was
with us on account of his influence A'ith
the household troops. The " wine"
meeting was the first one I attended at
Palama. I went into the movement be-
cause I thought Hawaiians were not
treated as they should be. Did not think
meetings, etc., were unlawful. Wilcox
did not instruct us to shoot any person.
I am now free. Told my story to author-
ities so that I should be nolle pros'd. No
other reason. I was told also that na-
tives had given it away. Found out
since that two or three had not given
statements. I knew Boyd had given his
statement before I gave mine. Suspected
it first and was then informed by people
in prison that Bovd had made a state-
ment. Was told" if I told the truth I
would be nolle pros'd. Took no oath to
any deity to preserve the secrets of the
organization. I took it as a binding
pledge. No one told me that I was to be
hung. Was arrested in the Police sta-
tion. I was wounded and had been
brought from the palace. Was shot in
the right shoulder by some one from the
Music Hall.
At this point a question asked of wit-
ness by Mr. Rosa and which trenched on
the forbidden ground previously ruled
on by His Honor, was objected to by the
Attorney-Genera- l. In the argument
which followed, His Honor said that he
considered that the prosecution had
opened their lines further than was really
necessary to prove the allegation charged.
If he had charge of the prosecution be
thought he would have conducted it in a
different manner.
Mr. Rosa From what has been said
by the Court in one way and another I
feel as though I did not know how to
conduct this case properly.
His Honor said, "It looks very much
that way, Mr. Rosa."
Mr. Rosa Then, Your Honor, it would
have been better if we had not come into
Court.
The Court --Mr. Rosa, your client is
charged with conspiracy. Confine your
questions to matters that are relevent
thereto ami- - which --are brought forward
in the direct examination. You well
know the question you ask is improper. -
Las put.
uness, continuing, Baid I knew the
penaltyfor treason was death. I wis
charged in the Police Com--t with treason.
Made my statement after. Boyd was
also charged with treason. Did not know
I was committing treason on the 30th.
Knewthat we were doing wrong if we
did not succeed. If not successful thought
there would be no prosecution. I did not
intend to squeal, don't think others
should aa we took pledge not to. It
was reported to me that Kau-ban- e
had given a correct statement.
I had counsel all that time. Had heard
th3t persons bad turned State's evi-
dence. Alex. Smith made statement
before I did. I did not try to get Smith
to torn State's evidence. I deny that I
told Alex. Smith to turn State's evi-
dence. I asked Smith if he did not re
member getting 115 from Wilcox. Three
five-doll-ar pieces. He paid $14 for the
guns. He said he did not know. Asked
him regarding this only the other day.
Have become a father since my impris-
onment. Gave my statement after the
birth of my child." That was one of the
reasons that I gave my statement, be-
cause I thought of my wife and child.
David Crowningberg now, at 4:55,
took the stand and was questioned by
the Attorney-Genera- l. Witness stated
he went to Palama with Markham and
Spencer on July 10th and named several
he saw there at the time mentioning
Wilcox among others. Wilcox told faira
about the project of getting the King to
sign a new constitution. Was invited
there to a feast by Markham and
Spencer. First thing after getting there
I drank some wine. Finding things
different from what I expected I kept
annting ana oye-ana-o- .Markham led
me into a little room where there was a
keg of wine and I staid by it. Took no
oath. Tried to escape when I found
tfaing3 different from what I expected,
bnt waa stopped by a foreigner who had
a bayonet. Wilcox did not explain to
me how he intended to get the new con-
stitution.
Cross-examin- ed : Spencer urged me
the most to go. Markham. did not say a
word, did net see gnns that night. Heard
remarks by Boyd, Loomens and Poepoe.
Heard Wilcox gay that bethought that
rights of Hawaiians were trampled dews
and hoped they might be got back by
this new constitution. Did not way
Einci attention tonis lonner remark,
m? time being taken np with the keg of
wine.
,
Be-direc- t: Poepoe and others we
opposed to going to palace that night on
account of not having force enough.
His Honor now said to the jurors, be-
fore disrating them for the night, thai
be hoped that last night the merabew of
the jury did not think ranch over tfcs
case. It was net well fcr jarora (ogive
too much thoaght to a case until tho
evidence was in and theCoort hadtkv
Hvered the charge. He caotkwwd wow
against allowing any outrider toeon-Tens-e
with then oe Mat case histmctfcot
it woeld be detrimental to the iUtmU
cfaay person reported to him asfeavMf
Usemded each rate,
pf Marshal Chad, llopk'x m&
tO daek this Taesday morning,
lCetfsE4 6a page ).
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