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THE DAILY BULLETIN
III KIT SOMiAl PI '
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J. S. ANDRADE,
CLOSING THE CASE.
His OommlsM.. b,rlits Out
.Put of ihe ExQttren's
Aftimeat bCoars-.l In the Dtf&nse a?d
ih3 kit AdYcat.
Court couvonod at 10 o'clock.
Aftor readiug of miuutcs of pro
ceedings of tho preceding tiny Col.
Whiting announced tho court clear
ed for deliberation. The Court ro
turnod in a few miuutea and an
nouncod that there were certain
parts ot tho ex-Queen's statement
mado yesterday which ho regretted
to say would hare to be withdrawn.
Ho ind'cated the objectionable pas
sages atid would read thom if desired.
Mr. Neumann preferred to examine
theui first aud would ho propose.
Col. Whitiug announced that the
decision of the Commission would
take its course, aud handed tho tnle
ment to the Judge Advocate. From
the Judge Advocate tho &tatomout
was hauded to Mr Neumann.
Mr. Neumanu, after porttsal of the
revised statemeut, replied that ho
would decline to advise his client to
withdraw tho first part of the state
ment otdered stricken out, namely,
that paragraph beginning. "A minor
ity of the foreign population made
my ni'tion the pretext, etc.
To tho other clauses, namely, those
beginning, ''I owed no allegiauco to
the Provisional Government," etc.,
"Tho wishes of my people wero uot
consulted," etc., "This seloction was
anticipated," etc., "By my com
mand," etc.. "1 must deny your
right," etc., "There may bo in your
consciences a warrant," etc., anil
"Iwould ask you to cousider," etc.,
Mr. Neumann stated ho would either
withdraw or amend.
Col. Whitiug said that the Court
had already stated that all tho para
graphs indicated would bo stricken
Mr. Neumann obictod to the re
jection of any part of tho statement
less than tho whole. If the Court
insisted ho would withdraw tho en
The Court retired for delibera
tion, and ovorruled the objection of
Mr. Neumanu began his closing
address for the dofeuso, Baying he
would cousume as little time as pos
sible. He recited his objections at
tho outset to the jurisdiction, and
now would also object to tho naturo
of the ovideuce takon. The olTeuo
for which tho accused was tried was
testified to havo been commited at a
tiiqo antedating tho proclamation of
martial law. There was not a parti
clo of ovidenco to show that tho ac
cused was guilty of misprision of
treason after tho proclamation of
martial law under which this Court
was couveued. If sho committed
any offense it was before the procla
mation of martial law, and sho is
amenable only to thu laws of tho
land just tho same as if martial law
was never proclaimed. Ho held that
no offeuso committed boforo martial
law was declared could bo tried
by a military commission. Author
ities wero quoted directly iu support
of his contention. If that is tho
correct doctriuo, and it certainly is
tho logical doctrine, an olTenso of
i tho kind charged can only bo tried
I by tho civil tribunals. He would go
1 further and say that, notwithstand
I iug the extensive poweryof courts
martial, their jurisdiction ended
i with tho termination of tho neces
sity. No war was in existence whou
tho accused was arrested. Thero
had been uo battlo even, the more at
. l A i I 11 'r
tempt to ovonurow tno uovernmoni j ue oeggeu oi tno tjommissiou 10 re- ou ou oucuiunuj iuuv eveu mo jjux
nevor having ripened. Doubtless member that a pormanent record of eyed Marshal, who could discover
Nowloiu made a movement with I this trial was in existence. Also ho bombs growing in a gardon and rifles
treasonable intentions, but he had I begged of them to romember that in a rubbish pile, could not unearth
Iomi unable to put armies in the
fifld. If his coutfiilion wis uot cor
rect, then no had no ciril law in the
laud but ver under military rule.
Where was the Provost Marshal if
military law hnd boon supremo over
Hid civil lnw at tho date of the up
I risinir, to whom commuuicalioui
coultl be iniule and bv uhom orders
should iri'iie. Col. Wiulhrop wai
citt-d in the opinion that martial
law could only uxNt on the netttal ,
theatre of war. Whatever runups
the Commission liad made lie re
spected, but he hopod the Coinmis- (
siou wuuiu i it km nun iiiiui inn
raised before into poriom consider
atiou, a it involved the question of
whether the Constitution and laws
of this country wee still in force.
If tho principles of "Gro-wlonf on
Evidence" wore observed by Hib
Commission, tho accused ought to
bo acquitted Tho rulos of evidence
wore tho same boforo a court-martial
as auy civil tribunal, aud the
court was bound to pay due regard
to those rules. Misprision of trea
son wa the concealment of know
ledge of intended treasonable action,
but there was not a particle of evi
dence to show that tho accused
knew of tho proposed act of war.
Clark's evidence, which was denied,
ditl uot go any further than Now
loin's, which had not been denied
Several reputable persons had sworn
that Clark was uiteilv unworthy of
beliove. lie would drop Clark be
cause tho subject was to6 unsavory.
A person who had eaten tin bread
of charity from the hautl of the ac
cused for two years, aud then had
como on tho stand and lied against
her, u n, as ho had utatod, too un
savory a subject for discussion.
Counsel lies' reviewed tho evi
dence of Kaauwai, who had boon
put in prison simply to give evi
dence, and long before tho trial had
beon examined by tho Judge Advo
cate. Kaauwai was simply a garden
er aud had taken no part in the
emeuto. Thero weio no witnesses
produced who had substantiated
anything like a caso( against tho
accused excepting witnesses who
had been intimidated. Ho had
nothing but respect for tho Com
mission and its decisions, but he
would say that tho authorities of
this laud had used illicit means to
procure ovidonce against tho ac
cused. It was only necessary for
him to quote tho evidence of Mr.
Ilobortsou ou this point. Poor
harmless natives, in terror of the
whites as they always havo boon,
after being thrust into jail wore
threatened with diro peualtios if
they did not givo evidenco against
other prisoners. No Attorney-General
that over hold office iu this
country had ever been guilty of such
an offonso, that of suborning evi
dence, of which tho authorities in
this instance bad undoubtedly been
' guilty. With regard to Kane's evi-
donee, counsel contended that tho
signing of commissions, proclama
tion, etc., was not a treasonable act.
Eveu if sho had signed a now Con
stitution it would not be treason.
The commissions must havo beon
dolivored and accepted, and tho con
stitution proclaimed, before treason
could be committed. There could
not bo misprision of treason with
out there boiug treason at tho timo.
Treason according to tho law that
the accused is charged with violat
ing makes treasou the lovying of
war agaiust the Government. It
was unquostionablo that no acts of
treason were committed within hor
knowledge, aud therefore thore
could havo been no concealment
or misprision of treason. Nowlein
denied tho ox-Queen's prior know
ledge of the Thursday evening
movomont, and repeated tho denial
with regard to the Sunday evening
attempt. The geutlemen of the
Commission might beliove in their
own minds that tho accused had tho
guilty prior knowledge, but their
belief did not weigh a particle in
tho decision thoy must make. They
wero obliged to decide wholly by
the testimony before them, and to
convict tho accused they should find
tho most undoubted proof of guilt
, iu that testimony. Thoy could boo
from Nowleiu's tostimony extracts
of which eouusol read that infor
mation of thu intended movement
was coueealou iroin tue nuousoa
Sho was not aware that arms woro
Vin!nr tniwl.wl nltlimtirli tnld nfinr
- ! the ovont that arms had been landed.
i I -r-r . , I ". A -,.
any mistalto they might make now
would heavily fall upon thom here
after. It wa well for thom to re
metnlwr that they wore not to give
way to prejudice t lint thoy wore
under oath that they wero bound
to givo tho accused tliu benefit
of any reasonable doul t. It. had
not at first been hi intention to
ariMio tho case at all, but he decided
to draw their attention to the saliont
points in tho testimony which wero
in favor of the accused.
Hpecch of tho Judge Advocata.
Captain Kinney, Judge Advocate,
in beginning to cIomi for tho prose
cution, stated tho nature of the
charge. Certain matters iu ovideuce
were indisputable, such as the fact
that there had been an uprising, fol
lowing an agitation in a portion of
the press for tho restoration of tho
monarchy. It was undeniable that
arms and ammunition had been ob
tained, that a movomont to over
throw the Government had been
planned by four men Gulick, Rick
ard, Seward aud Nowlein and that
eleven commirsious to high olllce
had been signed. The accused had
positively declared that her hands
wero clean of all complicity iu tho
insurrection. Counsel read passages
from the statement of tho accused.
Ho was with opposing counsel iu de
siring that the judgment of the Com
mission should bo rendered entirely
ou tho evidence. It had been at
tempted to be shown that tho whole
movement was desigacd to bo a big
surprise party to "her majesty," that
tho person who was to bo tho princi
pal beneficiary by it knew nothing of
tho plan. Vet it was undeniable that
the leader of the uprising was living
under the roof of innocence, aud tho
confidential servant of tho accused.
It was coutouded that her premises
were mado an arsenal for gutis, am
munition and bombs without her
knowledge, whilo she was pursuiug
her object along tho paths of calm
and peaceful diplomacy. .
The Court took recess from 12 to
Tho Commission did uot resume
until 1:30 p. m , owing to a ttolay iu
Mr. Neumauu's arrival. At that
hour tho Judo Advocate spoko to
the Court, saying ho was reluctant
to continue his address while tho
accused was not attended by coun
sel. Mr. Neumann just thou arriving
said ho understood recess had been
takon to half-past quo.
Colonel Whiting said tho Court
had distinctly stated that recess was
to be for one hour.
Captain Kinney,resumiug, said it
had been conclusively proved that
eleven commissions had boon signed
on December 27, aud that tho accused
knew that arms had boon landed.
The accused had stated that tho
comniissions.wore signed in view of
legitimate restoration. Now, while
tho Commission was asked to absorb
this information, eight out of tho
eloven persons commissioned wore in
jail for a plot to overthrow the Gov
ernment with arms. These docu
ments wore iu tho bauds of C. T.
Gulick, but they flitted into tho
hands of innocenco. It was astonish
ing how these docutnonts passed
from tho hands of guilt into those of
innoconco. They wero asked to bo
liovo in this extraordinary coinci
dence, with their invoked oaths as
tho only obstacle. It was strange
that iu 1889 out of tho promises of
this lady marched Wilcox and his
followors to make a revolution: God
know what might happen if this lady
had turned hor thoughts from peace
to war, when her acre lot was a
crowded arsenal. From whoso long
bow had como tho ehargo that tho
Govorumeut had accused thu Ha
waiiaus of bloodthirstiuoss? When
thero was published a talk about de
capitation and forfeiture of proper
ty, did anybody i magi no thai it rep
resented tho Boutimouts of tho Ha
waiian race? It was a pity that
tho instructions of tho missionary
fathers had fallen on such bar
ren soil in tho house of tho
accused for tho past two years. Sho
sat thero aud hoard metnbors of hor
own household toll of her houso bo
iug throngod with armed men whilo
sho was pursuing the paths of peaco
and diplomacy. Those iucrimiuat-
' ing documents had all beeu destroy-
-.1 T ..1 .. . 1 1 . H..I I U 1
thciu. Perhaps boforo the parting
of the ways between herself and her
eouusol, he could eiplain why tho
document? wero destroyed. He sub
mitted that every circumstance of
tho cao pointed uutnistnkably to
the guilt ot the accused. What had
beeu produced in her ilefeuse was
worthy ouly.of a petty larceny cast
iu a police court. Thero wero
men there, b'iru ou the to of this
country, sitting in tho palneo of that
lady's illustrious predecessors, who
bad supported the monarchy until
to tio so moan.t the sacrifice of their
self-respect. There was uot one of
these men who would havo put hor
in the unfortunate position i-he occu
pied to-day. Did anybody believe
that with eyes to see, a mind to un
derstand, and intelligenco to grasp
facts, she did not know what was go
ing on iu her house that Thurhday
night, whenasliulf iuhornpartmeiits
boro the evidence of her guilt, autl ou
hor private desk was tho tell
tale fragmeut of a bomb. When
her biolhur wrecked his throne
in 1887 by a carefully planned
illicit opium deal, there wero Alml
oms within the gato to whisper in
his ear thst they woultl try to right
his wrong. Ami for the past two
years Almloms hail been nt the
gales of Washington Pl.'fe to whis
per iu tho ear of that lady that her
wrougs would be righted," after she
had brought about tho overthrow of
her throne by a lottery bill nud au
opium bill. U-cmsn thu authorities
had told priscueiH that guilty pur- '
sous would bo puuUhod, they are
charged by counsel for the defunso
with subornation of perjury. Yet
ho stooJ there iu the light ot day
and represented rd-haudud treason
to lie only a trivial matter. The
prosecution hud no viudic'ivoness
agaiust the pri:ot:ur, but only sought
to pi event a lectirrence of such pub
lic disturbaucfs as had just been eu
oountnred. Captain Kinney closed
by expressing the hope that tho
accused would, boforo vory long,
have her desire for peaco and pros
perity realized iu her own peaceful
.vxUteuco yiujer tho flag of the
At 2 o'clock Col. Whiting an
nounced thu caso closed, and order
ed (ho Court cleared for tho day.
Boukruptoy and Probate
Heard at Chambers.
Buforo Judge Cooper to-day,
thirty-six creditors proved claims
amouutiug to $27,120 IU against C.
L. Brito, bankrupt, and F. W. Mc
Chosney was appointed assignee.
Tho accounts of J. A. Magoou,
guardian of llobocca Paueo Hameku,
Tho accounts of F. A. Schaeter,
trustee of the estate of A. A. Cor
niot, deceased, were approved. Re
ceipts woro 12101.90, expenditures
$1582 70 and balance &22 20. Tibe
estate is inventoried at $18,222 20.
Important Annexation Argutnont.
We havo not a doubt that if tho
aunexation of Hawaii bad beeu ac
complished last year thero would
havo beon plenty of ship loads of
American visitors to tho beautiful
American islands in the Pacifio thitj
winter. With a coupleof ship-shape
aud fast American steamers ruuuing
botweon San Francisco and Hono
lulu, makiug tho voyage in less than
four days, with an Amoricau ocean
cable uniting tho two cities, with
Amoricau law for tho protection ot
life and liberty, thero would be
many thousands ot American visi
tors to Hawaii overy year. Tho
trip is an enjoyablo ono. New
Smallest Living Colt Foa'ed.
Tho smallest living coll over foal
ed in tho United States mado its ap
poaranco at Hartford City, Ind., in
188'J. When two days old it moasur
' od 9 inches from tho mane to tho
root of tho tail, was only 2L inchos
high, and weighed but 27J pounds.
It was of tho Shetland broed.
At Williams' Studio are to be seen
Portraits on Watch Dials, which he
is making a specialty of. Lantern
Slides for locture by the tet or
Doily Bulletin 50 centt per month.