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Ktabllshd Jalr 2. 1838. VOL. XXI.. .NO. 3905. HON OIOTjTJ. HAWAIIAN ISLANDS, WEDNESDAY. JANUARY 30, 189 PBICE: 5 CENTS; -..-;v v-.--' y. " f ; , 1 ' ."'.. - - v t . ' J . . ii t ti .4 7h Bnsinrss Cars. G. BREWER & CO., LIMITED Queen Street, Uonolala, H. J. AGENTS FOR Hawaiian Agricultural Co., Onomea Sugar Co., Honomu Bugar Co., Wailuku BugarCo., Waihee Sngxz Co., Mskee Bsni Co.. Haleakala Ranch Co., Kapa psua F-Pf " , Planters' Line Ban Francisco Packets. Ghas. Brewer A Co.a Line ol Boston Packets. Agents Boston Board of Underwriters. Agents Philadelphia Board ol Under writers. LIST OF OFVICKR8: P. C. Josrea President . Ozo. II. Rosxxrsosi Manage E. F. Banror Tres. and Becy. Col. W. F. At.t.ct Auditor C M. Cooxx ) II. Watxxhous -. . ... Directors O. L. Oiarxx ) YOU CAN GET HaTil&nd China, plain and decorated; English China, White, Granite; Cat Glass ware Moulded and Engraved Glassware, Agateware, Tin ware, Lamps and Fittings, Flower Pots, Fruit Jars and Jelly Glasses and a thousand other useful and ornamental articles at I T. Queen Street Stores. 3S07-tf Tli Haraiian Ini'sfnient Co. .. . - SEAL ESTATE -AKD- pob SALE. Desirable Property in all parts of the City. Four Houses on Punchbowl street at a bargain. A 4-acre Lot at Makiki. Lots 4 and 5, Block 25, Pearl City. A2)-acre Lot at Kali hi. Residence at Kalihi with barn, pig pens and chicken coop, 120x10; suitable far a Chicken Ranch. 13 and 15 Kaihnmann Street Telephone 639. Near Poetoffice. Castle & Cooke L'd. LIFE AND FIRE INSURANCE AGENTS. AGENTS FOB NEW ENGLAND UUTUAL Life Insurance Company OF BOSTON". tni Fire Insurance Ccapy O? HARTFORD. HONOLULU CARRIAGE MANUFACTORY ! W.W.WRIGHT,' - Proprietor. Carriage -: Builder AND KEPAIREB. WATERHODSeS . All orders from the other islands in the Carriage Building. Trimming and Painting Line, will meet with prompt attention. CCTP. O. BOX 321. IIOS. 128 AND 130 FORT STREET 385y Dusinrss Caris DR. R. I. MOORE DENTIST. OSes: irlhttsa CcttJf, Eotsl Eire CCT'Offloe hours : 9 a.m. to 12 u. and 1 p. k. to 4 r. u. 3S60-lm M. E. Grossman, D J).S. f" DENTIST, $3 HOTJL 6TBCT. S. NISHIMURA, COMMISSION MERCHANT, DEALER IN Japanese Provisions, Dry Goods, Fancy Goods, Etc, PRICES TEISY MODERATE. Foster Block, Nuuanu Street. New Goods A FINE ASSORTMENT. TILES FOR FLOORS ! And for Decorating Purposes ; MATTzaro or ajx Horns, Hjlkxzjl Cxgasb. WING WO CHAN & CO. No. SJI 2Tuxianu 8trt. F. W. MAKINNEY, TYPKT7RITER, Cflmejancer and Searcher of Records riBE. LIFE A2fD Accident -: Insurance. All kinds of Typewriting done, promptly, cheaply and accurately. ALSO 1 GENERAL COLLECTOR. omci : 318 rosT stkzxt 3S43-tf PIONEER Steam Candy Factory and Bakery F. HOKN, Pretlel OonfetJoor and Baker, NO. 71 HOTEL STREET. 3753-tf TO. L. PETERSON, Notary :- Public, -: Typewriter AKD COLLXCTOB. Omci: Over Bishop & Co.'s Bank. 3318-y- DR. J. UCHTOA, Physician and Surgeon. No. 5, KUKUI IiANE. Office Hocrg: 8 to 12 a. m. and 2 to 8 p. xn. Mutual iei. &L HOHOLULU IROn WORKS CO., Steam Engines, Holler, Saar Bill Coolers Srm mmi Ld CMtlaffs, And machinery of erery description zaada to order. Particular attention paid to ships' blacksmlthlng. jod work excuted on the shortest nouc. JOHH T. WATERHOUSE, Xapcrter mud Vait la OEHEEAL LIEEOn A1IDISE. a.ts-n Bttt,Hoao!ia Massace. S (TRfl. PRAY WOULD ANNOUNCE i?l that she will attend a limited num ber of patients. Address at H. M. Wnitney'S, iking st. ; lieu ipwmB to. JENNIE L. IIILDEBRAND, M. D. Homeopathic Physician. t HOTEL STREET, Opposite Y M. C. A. X7" Office hours : 9 to 12 a. m. and, 2 to 4 p. m. Mutual Telephone No. 610. S83S-3m 8. T. AIXXA3DIR, u. P. BAUD WIN. ALEXANDER & BALDWIN. Commission Merchants No. 3 California St., San Francisco. land orders promptly filled. 33Q7-6m A. PERRY, ATTORNEY AT LAW Aat Notary Pablfe. Office: Over Bishop's Bank. S692-ly WILUAU C. PARKE. ATTORNEY -AT -LAW 9nttotk AknowUdgMnU. OrricB No. IS Kaahumanu 8trMt, Hono- 1U1U.U.1. GONSALVES & CO, Wholesale Grocers and Wine Merchants. 5 Queen Street, Honolulu, H. I. H. MAY & CO., Wholesale and Retail Grocers 98 FORT STREET. Telephones 22. P. O. Box 470. 3450-y HAWAIIAN HARDWARE CO., TTARWARE, Cutlery and Glassware 807 Fort Street. : 3575-ly BEAVER SALOON, TOST 8TBXJET, OPPOSITE WILDIB A CO.'S EC J. NOLTE, Troprletor. Firet-clasa Lunches served with Tea, Cof fee, Soda Water, Ginger Ale or Milk. OPSM PBOK 3 A. M. TIIX 10 P. M. Smokers' Beouisites a specialty. WM. F. THRUM, SUE VEY OR. Boom No. 11, Spreckela' Block. 38S9-6m LEWIS & CO., Wholesale and Retail Grocers 111 FORT STREET, Telephone 840. P. O. Box 297. LEWERS & COOKE, Successors to Lewers St Dickson. Importers and Dealers in Lumber And all Kinds of Building Materials. NO. 83 IORT BTRKET, HONOI.UI.TJ CONSOLIDATED Soda Water Worh Compy, limilei IVplinidt, Corner AUea and Fort Bts. HOLLISTER & CO., 3710 155-lr Ascents. U. W.-.MHESM & SONS WHOLESALE GROCERS AFD DXALKS 121 Leather and Shoe Findings HONOLULU. 1 fl'n'MTQ Flonololu 8op TTorks Co., AuiilllO HonolnlB Tannery. H. HACKFELD A CO., General CoraroisHion Affents Cor. Fort anHQneen ts.. Honolnlo. T. E. LINDSAY, llannfactarer ef Native Jewelry - DZAXXB IS Imported Jewelry, Gold and Silverware, Diamonds, Etc. Just the things suitable for the holidays. 22 O 8 MERCHANT ST., Between Fort and Kaahumanu streets. 3S61-3m BOVLER'S VRITTEH STATEMENT He Is an Injured ilan According To Its Wording. V. V. ABIirOKD OBJECTS TO COURT. He Does Not Want ?aptatn Zleler or Pratt to la Jadpnent on Him P. Xianuuta 8ay tHe Court Cannot Try Bowler Captain Kinney Answer. ' The principal part of the sessions of the Military Commission yesterday were . devoted to Mr. Keumannfs en deavors to argue the Commission out of existence and Captain Kinney's equally strong support of that body. The Court opened promptly at 10 a. xn. Alter tne reading or tne minutes Mr. Neumann stated he had no evi dence to submit beyond a statement made by Mr. Bowler. Attention was then turned to the objections to the jurisdiction made by the defense, which are as follows : John F. Bowler being arraigned up on a charge of misprision of treason, makes the following objection to the jurisdiction of this Court. First. That there Is no actual state of war in the country. Second. That the proclamation of V. V. ASSFOBD. martial law does not-authorize the trial of any person by a Military Com mission, or a Court Martial, unless he Is a member of the Military or Navy of this country or, if actual war exists, that he has committed an offense against the laws of war. Tnlrd. Tne crime or wmcn tne pris oner is accused is Misprision of Trea son, a statutory crime Which, by its definition under the law, is not an of fense against tne Jaws or war. Fourth. That under the Constitu tion and laws of the Republic of Ha waii the prisoner is entitled to a trial by iury upon information, indictment and complaint, except in cases of im peachment. Mr. JNeumann called attention to Section 1, of the Constitution; which says, "God hath endowed all men with certain inalienable rights, among which are life and liberty." The right of trial by jury should be maintained inviolate; neither the proclamation of martial law or the suspension of the writ of habeas corpus had suspended the rights of the Constitution. Have you the right in times of peace to sit on cases coming'under the penal code? The counsel maintained that there was no necessity for the proclamation of martial law; it only placed the police power of the State in the bands of the military. The Military Commission could only derive its power from the law of nations ; there was nothing In the Constitution giving it authority. The law of war cannotlay down what you will do, but it does tell yon what you must not do. Every offense against the law of war comes under your di rection, but as long as the crime is not against the law of war you have no more right to try the accused of mis- Srislon than to try him for bigamy, isprlsion is not an offense against the safety of the soldiers or the com-mander-m chief. The case of Jeffer son Davis, who was a prisoner of war during the crisis of the rebellion, was cited and Attention called to the fact that but one Military Commission bad been given power to act in the United States, that action being upon the assassins of President Lincoln. Before you have a right to sit in trial on these people you must show that that rifjht exit9 by law, book or precedent. Captaiu Kinney said when it came to a question whether the action of the Court is Just, lawful and right, that body must he goveri.d by what civilized m-n f whatever nation would do under the sams circum stances; we mut nitMy our own con sciences and that i enough. Are we working properly and not tnkiug ad vantage of circumstances. At this hour we know notwhnre we stand; we do not know who tnay be co-couspir-atorsor when and how the rebellion started. Should the accused be tried by jury we do not know what men might sit on the jury who if the truth were sworn should be in the prison er's dock. The very law by which the assassins of President Lincoln were tried and hung was made by act of Congress 0r and was not the result of the action of one man. Our constitution gives the right to suspend the writ" of habeas corpus, and it is not for us to say whether or not that right has been, properly exercised. Considering the population of the islands: would it not nave been criminal' neglect and in sanity for those who made the consti tution not - to have : allowed ' that power. Martial law legally exists and furthermore it would' have ' been criminally unjust . bad .this "power been left out or neglected. All the courts' of the nation' are tributary to the Mill tary : Commission.' The fact that the , counsel has : admitted . that guards and vigilance on the part of the authorities i3 necessary today is confession that an unusual state of affairs exists. It is impossible to try these men before' tho civil1 courts while martial law exists.3 ' , . w The noon' hour having passed Cap tain. Kinney gave notice that lie would close his argument at the after noon session. A recess was declared until 1:30 p. m. AFTERNOON 8XSSIOS. Judge-Advocate Kinney continued his argument. He said in partr Mar tial law is used at different times in different senses., each differing from the others, as follows: . . . First-The law martial exercised by the constable- and marshal over troops in active service." v 1 s - - Second "The same system in time of peace or emergency and especially for punishment for breaches of the peace." ' .- Third,,For the government of standing armies, under the Mutiny Acts and the Army Discipline Act," Fourth "The common law right of the crown and its representatives to repel force by force in case of rebellion or insurrection and to act against reb els as it might against invaders.0 It is obvious . that trials of a case like this do not come under the first, third or fourth definitions of martial law. .They, come more correctly un der the second definition: Now it may be true, It is true, that this sec ond exercise of martial law is declared by courts to be illegal by the petition of right, which expressly declares that trials in such cates cannot be had. There is in the Hawaiian Constitu tion no such constitutional prohibi tion. But in cases of necessity mar tial law has been declared in several British colonies, as at the Cape of Good Hope, in Ceylon, in Jamaica and in Demarara. The view of the Eng lish law is that necessity alone is the Justification of martial law; and, that martial law is ratner a stains wmcn exists, whether with or without any proclamation of it, and that It does not depend for its validity or legality upon any enactment of the law-making power. The United States Constitution also contains no express power authorizing the President or even Congress to de clare martial law. The declaration of martial law by the President of the United States was under what were called the war powers of the Constitu tion, and being a war power it would of necessity extend no further than the actual existence and the necessi ties of a condition of war required. All this is entirely different from the Constitutional powers of the Pres ident of Hawaii. He may not only suspend the writ of habeas corpus; he may not only declare martial law; he may place the whole or any part of the Republic under martial law, not only in case of rebellion or insurrec tion, but when there is imminent dan ger cf rebellion or Insurrection and the public safety requires. He may not only use the military force to suppress an insurrection and during its actual continuance; he may use military force and martial law for the prevention of any recurrence or repetition of an insur rection, that is to say, while there is "imminent danger" of it, and if he may govern the country under such circumstances by martial law for any purpose, he may do so for all pur poses. Counsel for the prisoners has confined his argument to the meaning of martial law in one only of its different-aspects, and sought to have it restricted and limited in Hawaii by English constitutional requirements not existing here. As stated in Hal leck's Int. Law, Chap. 32, Sec. 20, "Martial law extends to a great varie ty of cases not relating to the disci pline of the army, such as plots against the sovereign and intelligence to the enemy." , The Hawaiian law, unlike English and American law, authorizes the establishment and continuance of martial law in time of peace as well as war. It may be also that the prisoner has, by ids crime, made him self liable before the civil courts of the country if they were now performing their functions in cases of this nature. There is no inconsistency in the same conduct being punishable as well by municipal as by martial law, or In the same act, being criminal, as well by municipal as by martial law. Today each and every provision of the Con stitution of Hawaii which conflicts with martial law is superseded by the martial law, which is supreme today. The mere suspension of the writ of habeas corpus mlgbt perhaps, imply that the civil processes would subse quently apply in any case not strictly a war case ; but the Hawaiian Consti tution coes further than to suspend the writ of habeas corpus and makes martial law, and nothing but martial law, now supreme upon the island of Oahu today. Mr. Kinney closed by stating that it was due only to a rule of law that Bowler was not charged with treason. He knew about the landing of arms; he was one of the men who were to seize the telephone office. He was as guilty of levying war as those who took the field. TPublic tranquility will not return until this Cdmsilsalon brought the guilty to Judgment, concluded the J ude-Advocate. 4 Paul Neumann answered, and con tended that the court had no existence under .the law of the land; it could not try anyone for an offense cniiss committed since the proclarnaticu cX martial law. '.Bowler's cCensfci if any, precedes the proclamation, and there- lore coma not be tried by this court. The -court "retired for deliberation. On? Its return, Colonel Whiting-renounced: that i the objections ci the defendant were overruled, r . , . . A "written statement from BoY2er was tben readr It1 wsi us follow. J. F; Bowler states that Jfiierr la no truth in tbu I statement that he cither knew the. time os fact of that a revilt .would take place, and that in no con versation with Mr.'Nowleln was he informed of the lurlval cr landi&frcf arms, or the enlistment of men for ihs purpose of restoring a monarch! ;ml government; or to orerthroTT 7ha Kenubllc- That, like- xn&ay others. nenas neara- rumors and resa ab :;ut them iu newspapers, but paid shuttle attention and gave as little weight to them as to other things which he heard not relating to the' politico of this country. - -a.vu - kV. Vi Ashford's case was thei taken up. Paul Neumann objected to the trial golng oni on the ground that the aftCUSfv) TV ft a tin kvri nrtth wm f the charge -made 'against him within five days after his arrest; v s Judge-Advocate Kinney replied that in a case of the kind before the Court it was not necessary to comply with that formality'.' It was learned later ; that a copy of the- charge and specifications vras served on last Saturday evening. a "o vuuri . uuuounceu uiat me ob jection would be considered.5 ; ' When asked if the defendant had any objection to the Court, Paul Neu mann arose and said that they object ed to Captain Pratt. " The Captain said that as an objec tion had been made against him. he hoped the Court would 'sustain the objection. ; He was excused. .Mr, Neumann objected to Captain Zeigler also, saying that in behalf of his client he would state that Captain Zelglers character was not in ques tion, the objection being made solely on account, of ' the strained relations that have existed between the two men for some time. - Captain Zeigler asked to be excused. Granted. -.s----; The Court then consisted of Colonel Whiting, Captains Camara and Wilder and lieutenant Jones. - - Paul Neumann was satisfied to hve the trial go on with the gentlemen named. ' 8 The Court adjourned till 10 o'clock this morning. ALL KINDS OF NEWS. Socio Important Adnca to Residents of this 'City. No other publication is in it for a moment with the Hawaiian Ga zette. It is popular with every one and each mail carries away a large number. Extra editions have been demanded for some time, and no matter how many copies , are struck off, they do not remain at this office much longer than it would take a thirsty native to dis pose of a large bottle of saki. The number issued yesterday is a particularly good one, containing, as it does, all the news for the past few days. The report of the cases now on trial before the Military Court. cannot be duplicated, and will bo read with intense interest by tout friends abroad. If you wish to keep your correspondents posted on Ha waiian affairs you nmst send them the Gazette. For sale at this office or at the newsdealers. To Leave This Afternoon . The following persons are booked to leave for San Francisco in the Australia : Fred. Dutton, E. Caw scon and wife, Peter Dean, J. A. Horboch, Miss Dean, Judgo W. F. Frear, A. Young, Jr., - wife and child, Mrs. B.5 Friemann, Irs. F. Boardman, Dr. Penny, Mrs. E. R. Hendry and son, J. W. Sprague, Miss Widdifield, M. Green, George C. Brown, Mrs. George T. Castle, Mrs. James B. Castle, W. H. Gur ney, R. Oxnard, Mrs. Edgerton, Mrs. Wetherbee, F. S. Winston and wife, Mrs. J. A. Lowell and child, C. W. O'Neil, and Captain Schmidt. Tom Holllnger Injured Early last evening as Tom Hol linger, the well-known horseshoer, was driving across the Waikiki bridge the animal ehied,' causing the buggy to run violently against the Bea wail. ' The vehicle was up set and Hollinger thrown out. lie was somewhat bruised and stunned by the fall. The horse kicked the buggy into splinters. Hollinger was assisted to his home by per sons present near the scene of the accident.