Newspaper Page Text
TILE PACIFIC COMMERCIAL A PVKKTISEK: HONOLULU, FEliRTJAIlY G, 1S95.
cist of the charce was that the accused had a euilty knowledge of the upris ing. Tne subject matter wai loiauy different from the cases already beard. Mr. Neumann contended again that the court was not competent to try another case o' the kind. The court retire!, and. riter con sidering the matter, returned. Colonel Whiting announced that the objection could not be entertained. Mr. Neumann then objected to one member to secure a test ruling, and named Lieutenant-Colonel Fisher. It transpired that the officer named bad not beard any charge of misprision of treason, and was excused. Captain Zeigler was then challenged, and ad mitted ttiat be sat through the Bowler trial. The court overruled the objec tion. Captain Kinney then read the charge and specifications, and, when be finished, Mr. Neumann asked that the case be remanded until today, as he was not ready to go on. His re quest was objected to, and, after a great deal of legal sparring, the court decided to grant the continuance. AFTEKN'OON SESSION. The court assembled at 2:f. The attendance was considerably less than during the morning. Captain William Davies and John A. Cummins were arraigned on a joint charge of treason. J. A. Magoon appeared as counsel for Cummins, Captain Davies desir ing no attorney. No objection wa9 offered to the per sonnel of the court by either of the accused. Judge Advocate Kinney read the following charges and specifications against the prisoners: Charge First: Treason, for that they, the sail John A. Cummins and Willi iiu John a. cmmixs, who plead guilty to A CHABQE OF TREASON. Davies, while owing allegiance to the Republic of Hawaii, did engage in open rebellion against the Republic of Hawaii and the Government thereof, and did at tempt by force and arms to overthrow and destroy the fame, and did levy war against the same, and did adhere to the enemies of the Republic of Hawaii, giv ing them aid and comfort within the Hawaiian Islands and elsewhere. First Specification : That the said John A. Cummins and William Davies, at Honolulu, in the Island of Oahu, one ox the Hawaiian Islands, while owing allegiance to the Republic of Hawaii, at divers times within six months now las past did commit treason by engaging in open rebellion against the Government of the Rspubhcof Hawaii, and by at tempting by fores and arms to overthrow and destroy the same, and by levying war against the same, and by adhering to the enemies of the Republic of Ha waii, giving tnem aid and comfort with- in the Hawaiian Islands and elsewhere. Second Specification That the said John A. Cummins and William Davies. upon the Island of Oahn, one of the Ha waiian Islands, while owing allegiance to the Republic of Hawaii, at divers times within six months now last past, did commit treason by procuring and providing munitions of war, arms and forces to be used and which were used in levying war against the Republic of Hawaii, and in attempting to overthrow and destroy the same. Third Specification: That the said John A. Cummins and William Davies, upon the Island of Oahn, one of the Ha waiian Islands, while owing allegiance to the Republic of Hawaii, at divers times within six months now last past, did commit treason by partially organ izing and establishing a military force and a pretended government for the par pose of overthrowing, destroying and displacing by force the Government of the Republic of Hawaii, and did appoint agents and officers for such pretended government and military force afore said. Charge Second: Treason, for that they, the said. John A. Cummins and William Davies, while owing allegiance to the Republic of Hawaii, did aid, abet, procure, counsel, incite, countenance and encourage others to commit treason and to engage in open rebellion against the Republic of Hawaii and the Govern ment thereof, and to attempt by force and arms to overthrow and destroy the same, and to levy war against the same, and to adhere to the enemies of the Re public of Hawaii, giving them aid and comfort in the Hawaiian Islands and elsewhere. First tipecificatioa : That the said John A. Cummins and William Davies, in tne island of Oahu, one of the Ha waiian Islands, hile owing allegiance to tne nepnbhc of Hawaii, at divers times within six months now butt rvast riirf commit treason by aiding, abetting, pro- curing, counselling, inciting, countenan cing and encouraging others to commit treason and to engage in open rebellion against the Government of the Republic of Hawaii, and to attempt by force and arms to overthrow and deatrov th and to levy war against the same, and to adhere to the enemies of the Republic of -Hawaii, giving tnem aid and comfort within the Hawaiian Islands and else where. Second Specification: That the said John A, Cummins and William Davies, upon the Island of Oahu, one of the Ha waiian Islands, while owing allegiance to the Republic of Hawaii, at divers times within six months row last past, did commit treason by aiding, abetting, procuring, counselling, inciting, coun tenancing and encouraging others to commit treason and to procure and pro vide munitions of war, arms and forces to be used and which were used in levy ing war against the Republic of Hawaii, and in attempting to overthrow and des troy the same. Third Specification : That the said John A. Cummins and William Davies, upon the Island of Oahu, one of the Ha waiian Islands, while owing allegiance to the Republic of Hawaii, at divers times within six months now last past, ) t fefcJi k to 1 did commit trea.m yb aiding, abetting, procuring, coanfelhng, lucitia.', coun tenancing :ind ncou raging others to commit treason and to organize and establish a military force and a pre- tendfd Government for the purpose of overthrowinz. destroying and displacing by force the Government of the Repub lic of Hawaii, aod to appoint agents and officers for such pretended government and military force aforesaid. Cantain Davies was first called on and plead not guilty to first charge and first specification thereunder: guilty to second specification, and not guilty to additional cnarge ana spec ifications. The Judge Advocate was willing to waive the further prosecution of Cap tain Davies, being satisfied with his plea of guilty. Ufl the charges ana specincatioiis being read, Cummins plead not guilty to first charge and first specification, but guilty to second specification. and not guilty to second charge and specifications. He desired to make a few remarks. and through interpreter Wilcox said he gave testimony before the Commis sion a few days ago.- He wished that statement to stand without any addi tions or alterations. The statement included everything be bad done in tbe premises, and If the contents there of proved him guilty, then he was guilty. He expressed sorrow for the part played by him and now saw the extreme folly of it. The Court desired to have a plea of guilty or not guilty, and acting upon the advice of Attorney AlagooD, Mr. Cummins entered a plea of guilty to tbe second specification of the first charge. He was fully aware of the nature of the charge and was acting of m tn 1 a i i ms own tree win ana accoru anu wiiu- out prejudice or expectation of re ward. A plea of not guilty was en tered to the remaining charge and specifications. Judge Advocate Kinney read for the information of the Court the testimony given by Cummins during the trial of Major Reward. After which he stated he was willing to accept the plea of guilty entered by Cummins without going further Into the case. The Commission thought it advis- able that Captain Davies make a brief statement concerning the part taken by him in procuring and landing arms for the rebels. Captain Davies said he was master and owner of the steamer Waimanalo: had been employed by W. H. Rickard for $10,000 to go out and get the arms and land them; he had full knowledge that the arms were to be used in an uprising against the Government; the transaction was strictly a matter of business; his steamer wan open for charter by any one ; made no written agreement with Rickard; witness was paid $20, with which he purchased coal to be used during the trip. Mr. Magoon then presented the fol lowing masterful plea in tbe case of Mr. Cummins, during the continuance of which the prisoner was visibly af fected: May it please the Court One of Ha waii's most conspicuous sons stands be fore yon at this time for sentence. He has pleaded guilty to the charge of trea son. You have heard his statement, and what he has related to you constitutes his crime. I assume and believe that he has told you the whole truth. Every thing that is known to us of this lament able business strengtkens this assump tion. II this is so, I feel that I need make no apology for coming before 3 ou to plead for mercy in his behalf. .tuo vuiub uiusu xu ma case, Mivest it Self of all that relates to bombs and in discrim'nate slaughter. With all his faults, Mr. Can: mins would not be a party to such methods. I am free to say that the Hawaiian is not the one to orig inate or countenance such horrid work. Much as it may shame us. we must look nearer home to find the authors of such infernal measures. We are apt to asso ciate cruelty with the savage; but there is what is known as refined crneltv. which as the expression would indicate. exists only amonz the wholly civilizvi. The former, when compared with th latter, is as the shades of evening are to me aarKness ot night. Kighthere is the keynote that prompts the action of the Government and its supporters. There are agencies which if allowed to obtain control would paralyze the will. A man crazed by drink may become a demon ; stupefied by opium, an imbecile. These are illustrations of physical agencies. Those which I refer to are moral agencies. It will make any decent man want to hide his head with shame to read some pages of Hawaiian history. It is almost incredible that Anglo-Saxons, so late as the middle of the Nineteenth centurv. could publicly advocate and violently enforce the most bestial immorality ii these Islands. Those men and their shameless suc cessors have systematically inrnlrated their noxious principles, until they have literally poisoned the minds of many a lovable Hawaiian nature, and deprived him of the power to even understand the right. There are none of us who want to see such poor deluded people severely puniehed. They must be taught; they must be dealt with in such a manner as to prevent a repetition of their offenRe. This poisonous atmosphere has turned some Hawaiians. and thev are onlv a ew, into leaders in a most diabolical plot; it has turned otuer and they are more numerous, jet comparatively only a few. into followers and supporters. It has from the very nature of things drawn other Hawaiians (and if their number could be definitely known this class would be larger than the other two) into passive sympathizers of a move ment fo restore the foimer imeen. This last class, also from the very nature of things, could have but a dim and uncer- I tain knowledge of the manner in which the plan whs to be earned out. In this last clifca I place Mr. Cammins. I feel certain that the Court will aree with m that his was more the sin of omission than that of commission. Although he is guilty, his guilt is so slight that 1 eub mit it just bring bim within the law, and that is all. It is the duty of ever; good citizen to expo-e ail traitorous con spiracies. It was the duty of Mr. Cum mins so to do; and most of all wa it h:s duty not to allow himself to be used s a tool to assist it There are severed mat ters to te confederal, however, which muit palliate hi offense in the first plac the Government ol hi native land had been overturned and a Government of the foreigner eHtahiinhe.! m n nlar..- 1 he. former he was bo-n under and lovpd. He loved it thougn it h.-d fallen into dis- rapu e. t wak thy love for a Wdvwnrd chi.d. This Court would lirr8pc-ct rim if he did not :ov-. it. L viiikf ir. hn lmd no Tlae in his heirt for it sueces'or. It in net natural to xreci that he would be eater, even wem there no other lea- sons why he 'io'ild keep silent, to dis close to th authorities the plo; to over throw the overuri'ent. In tbe second place, the husband of his daughter was one of the chief con spirators. The doom of a traitor hung over the f uher of his grandchildren. 1 et it not said against Mr. I u mm ins that this son-in-law was not a cr-ditable member of the family; that he bad been so closey connected with the posteffice robberv that he barely escaped being convicted, and was obliged to leave the country for a number ol years. That trial cost Mr. Cummins large sums of money, and for many years he contrib uted largely to the support of Mr. Walker and his large family. That was Mr. Cammins' burden and he has borne it well. He Um stood it manfully for the love of hi! child and her children, and we should respect him for it. The hu mamzation of mankind has been a great work since the diys ol Greece and Rome; the time when a father could condemn his own son to dea'h, u also the time when a father cou d be called to a feast to partake of his son served as boiled meat and be afterward told the blood curdling fact, are equally gone I trust forever. Mr. Cumojius wa bouad, la uuty, to protect even thif most worthless son In the last case there was a claim upon bis hoepitalitv and friendship Mr. Seward, as is well known, has been for the last few years alracst the eyes, ears aud rnouthpirc ol Mr. Cummins. Mr. Seward has been more than a pri vate secretary and business agent or Mr. Cummins; he has been on terms of greatest intimacy with him. The inner most re.?e&ses of his heart have, as it were, been opened to this accomplished soldier. If the influence exerted by tbe one has had an evil effect upon the other, let us hot be too prone to condemn the innocent man. bach alliances are usually pernicious. Sometimes the brightest and best men become subject to such influences, and nothing seems to be able to dispel the clamour that sur rounds the hideous moral depravity concealed by a pleasing exterior. Do you wonder that Mr. Cummins, infirm I by reason of age, broken down in health I and impoverished in fortune, under the influence of Mr. Seward, posing as a rep- resentative American and a soldier, failed to do his duty to the State? It is almoet a surprise that he even made the feeble protest that is of record. Were it not for his plea of guiltv, under the facts I think I would be almoat justified in asking for his acquittal. 1 come at last to the question of what is to be done with this old man.. This court owes a duty to tbe community. which I know it must and will perform. so far as it can distinguish the right, and it equally owes to this defendant not to judge bim too harshly; to temper jus tice with mercy, a dnty which I have an abiding confidence it will perform in a manner that will reflect credit to all con cerned and command the respect of all persons. That these trials are upon the very verge oi what victorious belliger ents can do with the approval of the law of nations, will be an additional cause for dispassionate and earnest delibera tion. 1 have said that Mr. Cummins is brok en down in health. He is prematurely old. He has a complication of diseases which make it absolutely imperative for him to have his liberty. To confine him in prison would, in all probabilitv. result in his speedy death, until which time he would be only a chare a nnon the Government. It would be visiting him with a punishment disproportion ate to his crime. If this view is accepted there remains for the court to impose a fine only, and the question of how much will necessarily engage your attention. It is my duty to point out that Mr. Cum mins is not a rich man. His lavish hos pitality has been famous. Hardly a person of note has ever come to this country who has not been entertained by him, and now, in his old age, when he should have plenty and to spare, be finds himself burdened wirh debt and face to face with the stern realities of life. "Oh, Age and Want, that ill-matched pair, show man was made to mourn." He is not the only Hawaiian who has squandered a fortune in misguided hos pitality. It is a red earning feature of his impoverishment, however, that he did not spend his money in a manner which directly or indirectly could oppress the poor. Not Mr. Cummins' faults, but all that is good and noble in his character, appeals to you for mercy. He has done all that he could do to repair the wrong. Late as it was, he took the oath to sup port this Government before his arrest, and some of those with whom he was associated, and who have openly and violently and continually denounced this Government, have not taken the oath to this day. After his arrest he told, as we must believe, without reserve, of his con nection in the affair, thereby assisting the prosecution in every possible way that lay in his power. He has pleaded guilty, and I need hardly remind you that this of itself entitles him to addi tional consideration at your bands. Mr. Magoon took the position that the Commission was a law unto themselves, but believed they would act in the case of Mr. Cummins as became men of tbeir intelligence. He contended that the Court was not necessarily compelled to inflict the statutory penalty, but could impose a lesper degree of punishment in exceptional cases and in those where the evidence justified such action, lie con sidered Mr. Cummins' case one of these, and would urge clemency in his behalf. Judge Advocate Kinney thought all the Commission was called upon to do in this case was to impose a legal sentence in accordance with the evi dence. While it was true that Mr. Cummins took only a small part, that part was treason and should be so de clared by the Commission. Mr. Cum mins had acted as interpreter in pro curing arms, and this was about the extent of his guilt. Every one who took any part in tbe proceedings, whether to a small or ptp fcumy oi treason and nothing else. If the Commission aw fit to ask for clemency in favor of Mr. Cummins the .Executive would, no doubt, take full cognizance of it. On occouotof the age of Mr. Cummins and his pre vious position in. the couutry, Mr. Kinuey thought these would undoubt edly weigh in favor of the accused. Whatever was done in the matter would be just and proper. So far as Captain Davies is concerned, he will bear me out in saying that no prom ises of any nature whatsoever have been held out to bim. The Govern ment has used him aud others as wit nesses, and this fact will be duly con sidered in coming to a couflusiou re garding the sentences to be inflicted. As there was no further business oeiore tn cjommision, at 3:18 the Court was cleared until 10 o'clock Wedutsday morning. From A Gloomy Prospect Changed to Brightness and Health Dyspepsia and Kidney Trouble Perfectly Cured by Hood's Sarsaparilla. Goo.l hralih you cannot have without j disease of the kidneys, and gave uie the pure o ocu; ihftclore, to keep well, puri fy your blood by taking Hood's iarsa paril'a. This u.e licine is jeculierly de igned to act upon the blood, and through that upon all the organs and tissues of the body. It has a specific action also, and as sists nature to expel from the system all humors, impure particles and effete matter through the lungs, liver, bowels, kidneys and tkin. Jt effectually aids weak, im paired and debilitated organs, invigorates the nervous system, tones the digestion and imnarJs new life anu enenrv to all th function. of lh hnlr. A noonlin ?' v Hood's Sarsaparilla is that it strengthens and builds up the fystem ulule it eradi caies disease. Tlun it is that nervous ess, loss of sleep, loss of appetite uT. zen.ra! d.b.lity all disappear when Hood's Sarsaparilla is persistently taken, and strong nerves, sweet sleep, stron- body, diaro avmetite. and in a won? 1p-iU) ot-.,i - ' -- nappiness, iuhuw me use oi iiooa s Sarsa parilla. Vhat more need be said? If you are sick or run down, is it not the medirine fnr yuur uiuers xiave laxen it ana found it O All.. 1 , . ;ict wanting. Amoni: these icav be feien- ned M. T. Dormell of Honolulu, H I., . hose interesting letter follows: " Honolulu, If. I., March 3, C. I. lived & Co., Lowe!!, Mass. : Dear Sir: I have been intending to :ite you a few lines jn regard u Hood's rsaparil!a. For the past six or seven ears I have been troubled with a lme :ick, more especially in the morning, 'ter five or six hours in bed- Finallv. nn ine 12, 1892, 1 had to call in a doctor, and ter an examination he pronounced the ue to be Bright'3 disease of the kidneys. Veil, after a month's doctoring I went to .be country, and took" several bottles of medicine. I came back to town in Decem ber, 1892, Looking Bad and Feeling Worse. I rall?d in another doctor, who, after an xamiuation, also pronounced it Bright 's HOBUON DRUG COMPANY, Wholesale Agents. WRINKLED BEAUTIES SHOULD Use Lola. Montkz CaEsns. Skin Food and Tissue Builder. Does not cover, but heals and cures blemishes of the skin. Makes the tissues firm and builds up the worn-out muscle fibers, and makes them plump. Lowest in'price and best in value. 75 cents large pot. WkiUi iAK8.nARKi80N'si?ACEJJLEA.cH. Uures most aggravated cases rwuti'v f of Freckles. Blackheads. Fleab. Worms. Rnnhnm. Kinwnaoo an,i Moth Patches. Quick in action and permanent in effects. Pkice $1. Mrs. Harrison's Face Powder. Pure adhesive and positively invisible Three shades white, flesh, biunette. Will not clog the pores, stays on all day. Price 50 cents. j Mrs. Harrison's Hair Vigor. Stops Falling Hair in one or two applications. Prevents Gray Hair and causes rich and luxuriant growth of Hair to grow on bald heads. Cases of years standing specially invited to a trial. Price $1. Mrs. Harrison's Hair Restorer. Only four to ten days required to restore hair to its natural color. Is not a dye or bleach. No sediment or stickiness. Color is permanent when once your hair is restored to its natsral shade. Hair becomes gioesy ana clean, .trice ?l. Mrs. Harrison's Frizz. For keeping the hair in curls a week at a time ; not slicky ; don't leave a white deposit on the hair. Price 50 cents. MRS. NETTIE HARRISON, America's Beauty Doctor. 26 Geary Street, San Francisco, Cal. X7"For sale by H0LL18TER DRUG COMPANY, 523 Fort Street, Honolulu. WAuy lady call at Ho) lister Drug Company will be given a Lady's Journal containing a Beauty Lecture written by Mrs. Nettie Harrison. ATTENTION. A Special Christmas Sale, commencing MONDAY, December 17. everything regardless of cost for 8 davs onlv. CZUorae and Inspect our stock of YOKOHAMA BAZAAR, MURATA & CO., EVERYBODY KNOWS Geo. W. Lincoln Is Burned Out, but Still Prepared to Superintend or Build Anything" from a One-roomed House to a New City Hall. All Orders Left With John Nott, King Street, Will be promptly Attended to. ; Daily Advertiser, 75 Honolulu cheering information that with care I might be on the top of the ground for a number of months longer. Both doctors, by the way, are considered here to be A No. l. In January, 1S33, 1 had dyspepsia ana a poor appetite, could eat little or ; nothing but what caused great distress ien, as mougu i naa eaten small blocks or stones, and also had headaches and dizzi ness. In February I was no better, and in March commenced taking Hood's Sar sapariUa. The first bottle used Cleared Mv Head and befnrp tho c. i oi ' . , -,uu" uuiue was used ' IT . W813 had followed the head trou- up me ble. - ; , Ve taien 6even hot' - : II? W'ted wonder- I have not the 22d of ta, ToTtX,. r "l' ' again, after being laid up for sixteen ? months, and now I feel hrw wnv thnti t k ... lutme past eigni years I Honestly Believe it is Hood's Sarsaparilla that has helped me to get about again. I either did not have the kidney disease the doctors said it was, or Hood's Sarsaparilla has knocked the spots out of it. It is the best medi- 1 cine I have ever taken, and I have taken almost everything that people have told me of or what I thought might help me. My friends here are surprised to see me about again as in former years. I: there is anything in the foregoing that you can make use of you are at full liberty to do so, as it might be the means of helping some one as much In Need of Help as I wa. There are plenty of people here who can certify to what I have written, as I have been here for the past 26 years. "I will answer more fully inquiries that may be addressed to me or references giv en, provided stamps are enclosed. Hoping this may be of some use to you or others, I remain, yours truly, M. T. Dosnexl.'' TKA'm fill are hand made, and perfect In proportion and appearance. 25c. per box. We will Holiday Goods; the LOWtf-ST and BEST. CORNER NUUANU -AND- HOTL STREETS. Proprietors. Cents per Month BYAUTHORITY. PROCLAMATION, KXECUTIVE BUILDING, Honolulu, H. I , January 7, IS05, , The right of WRIT OF HABEAS CORPUS is hereby suspended and JUAKiiaL, is instituted and es tablished throughout the Island of Oahn. to continue until further notice, during ing which time, however, the Courts ill continue in session and conduct ordinary business as usual, except as aforesaid. By the President : SAN FORD B, DOLE, President ol the Republic ol Hawaii. J. A. KING, Minister of the Ioterior. 1 i NOTICE. Commencing January 30th, 1895, and continuing until . further notice, all liquor saloons will be allowed, to remain open from 6 o'clock a. m. to 6 o'clock p. m. subject to 6uch regulatious as the Marshal may see fit to make for the sale of draught beer only. The sale of all other liqior is strictly prohibited and any violation of this will subject the sa'oon to be closed without further notice. Tbe presence of any person under the influence of liquor upon any saloon pre mises will also be sufficient to cause such saloon to be immediately closed. E. G. HITCHCOCK, Marshal, Republic of Hawaii. i 3905-tf NOTICE. All persons are hereby notified that they are stiictly forbidden to use fire crackers, Chinese bombs, or any fire works whatever within, the limits of Honolulu. E. G. HITCHCOCK, Marshal Republic of Hawaii. Honolulu, January 22d, 1895. 389-tf NOTICE, Special Orders, No 26. The Military Commission now in ses sion in this city, convened bv Snecial M. Orders No. 25, dated January 16, 1895, from these Headquarters will hold its sessions without regard to hours. By order of tbe Commander-in-Chief, JNO. H. SOPER, Adjutant-General. Adjutant-General's Office, Honolulu, January 19, 1895. 3897 tf General Headquarters, Republic) op Haw An, v Adjutant General's Office,) Honolulu, Island of Oahu, H.I., Jan uary 16, 1895 . Special Order No. 25 . Order for a Military Commission. A Military Commission is hereby ordered to meet at Honolulu, Island of Oahu, on Thursday, the 17th day of Jan uary, A. D. 1895, at 10 o'clock a. m., and thereafter from day to day for the trial of such prisoners as may be brought before it on the charges and specifica- uona w 06 presented by the Judge Ad vocate. The Officers composing the Commis sion are: 1. Colonel William Austin Whiting, First Begiment, N. G. H. 2. Lieutenant-Colonel J. H. Fisher, First Begiment, N. G. H. 3 Captain C. W. Ziegler, Company F, N. G.H. 4. Captain J. M. Camara, Jr., Com pany C, N. G. H. 5. Captain J. W. Pratt, Adjutant, N. G. H. 6. Captain W. C. Wilder, Jr., Com pany D, N. G. H. 7. First Lieutenant J. W. Jones, Com pany D, N. G. H. Captain William A. Kinney, Aide-de-Camp on General Staff, Judge Advo cate. By order tf the Commander-in-Chief, (Signed.) JNO. H. SOPEB, 3393-tf Adjutant-General. MERCHANTS' EXCHANGE, CHOICE LIQUORS AND FINE BEER, Corner cf King and Nuuanu streets. CTTelephone 805. 3907-tf