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fr vuv- It mi 4r t - AX A Established July 2. ig36. VOL. XXI- JNO. 3914. HONOIjTJIiTJ. HAWAIIAN ISIiAKDS, SATURDAY, FEBRUARY 9 1895. PRICE: 5 CUNTS. '-V - . : "- " i i f i i i ii ' - ri 7 A J S3 Bnsintss ari)s. C. , BREWER & CO., LIMITED Queen Street, Honolulu, H, I. AGENTS FOR Hawaiian Agricultural Co., Onomea Bngar Co., Honomu Sugar Co., Wailuku Sugar Co., Waihee Bugar Co., Makee Bazar Co., Haleakala Ranch Co., Kapa pafa Ranch. Planters Line Ban Francisco Packets. Ohas. Brewer & Co.'s Line of Boston Packets. Agents Boston Board of Underwriters. Agents Philadelphia Board of Under writers. LIST Or OFFICERS: P. 0. Jonxa President Oxo. II. Robxbtbon Manager E. F. Bishop Trea. and Becy. Col. W. F. Allen Auditor O. M. Cooks ) H. Watxbhocsb . . . .... Directors C L. O astir ) THE HAWAIIAN SAFE DEPOSIT AND- INVESTMENT COMPANY, HONOLULU, II. I. Have Safe Deposit Boxes of various sizes to rent by the month or year. Stocks and Bonds Bought and Sold AGENTS FOB Sub Insurance Office of London. AGENTS FOB Great Northern Railway. Ticket Sold to All Points. AGENTS FOB The Hawaiian Land and Improre ment Company (Limited). Some of the finest Coffee and Fruit Land on the Inlands for sale upon very favorable terms. 3878-tf The Hawaiian Investment Co. HEAL ESTATE -A2TD- .TOR SAIiE. 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 Ealihi. Residence at Kalihi with barn, pig pens and chicken coop, 120x10; suitable for a Chicken Ranch. - 13 and 15 Kaahmanii Street Telephone 639. Near Postoffice. Castle & Cooke ITd. LIFE AND FIRE BEAM AGENTS. AGENTS FOE NEW ENGLAND MUTUAL Life Insurance Company OF BOSTON". Stna Fire' Insurance Conpy OF HARTFORD. HONOLULU CARRIAGE MANUFACTORY ! W.W. WRIGHT, Proprietor. Carriage Builder AND REPAIRER. UJ All orders from the other islands In the Carriage Building, Trimming and Painting Line, will meet with prompt attention. CTP. O. BOX 321. HOS. 128 AND 130 FORT STREET . 3S63-y Massage, MS P?A Yt WOULD ANNOUNCE that she will attend a limited nam tor of patients. Aadresa at H. M. Wbitaey'e.Kingst.; BeU Telephone 7L. Business Cards. DR. R. I. MOORE DE2STTIS,1 Ofles: irluton Cottage, Hotel tre SJOfSce hours : 9 a. h. to 12 k. and 1 p. m. to 4 r. m. 3860-1 m M. E. Grossman, D.D.8. DENTIST, 58 HOTIL BTtn. Otrtca Houb 9 i.M.?oir. u. S. NISHIMURA, COMMISSION MERCHANT, DEALER IN Japanese Provisions, Dry Goods, Fancy Goods, Etc, riUCES VERY MODERATE. Foster Block, Nuuanu Street. New Goods A FINE ASSORTMENT. TILES FOR FLOORS! And for Decorating Purposes; . MATrora 07 aix Kutds, Mawiia. Cigabs. WING WO CHAN & CO. Xfo. M Nananu 8tr. SS51-q F. W. MAKINNEY, TYPEWRITER, ConTeyancer and Searcher of Records FIRE. LIFE AND Accident : Insurance. All kinds of Typewriting done, promptly, cheaply and accurately. ALSO GENERAL COLLECTOR. J-QYTICXZ 318 rOBT STREET 3848-tf WE L. PETERSON, Notary Public, -: Typewriter AND COLLECTOR. Office : Over Bishop & Co.'s Bank. S818-y DR. J. UCHTOA, Physician and Surgeon. No. 5, KUKUI LANE. Office Hours: 8 to 12 a. m. and 2 to 8 p. m. Mutual Tel. 532. HONOLULU IROn WORKS CO., Steam Engines, Hollers, Sarar XXllls, Coolers. Brwrn and LeU Caatlngm, And machinery of every description made to order. Particular attention paid to ships' blacksmithintr. Job work excuted on the shortest notic. LEWERS & COOKE, Successors to Lowers & Dickson. Importers and Dealers in Lumber And all Kinds of Building Materials. NO. 83 FORT STREET. faPWOLPLU P.O. Box 3S6. Mutual Tel. 544. NAN-YD COMPANY, MATED, Commission Merchants T IMPORTERS AND DEALERS I Japanese -:- Provisions AND GENERAL MERCHANDISE, 411 KING STREET, Honolulu, Hawaiian Islands. CGNew Goods by every steamer. 3878-ly Bnsinrss Carfcs. JENNIE L. HILDEBRAND. M. D. Homeopathic Physician. HOTEL, STREET, Opposite Y. M. C. A. SOffice hours: 9 to 12 a. m. and 2 to 4 p. m. Mutual Telephone No. 610. 383S-3m C. J. WHITNEY, Teacher ot Elocution and Dra matic Art, Arlington Hotel. 3884-1 m 8. T. ALEZAKDXR. n. P. BALDWIN. ALEXANDER & BALDWIN, Commission Merchants Ko. 3 California st., San Francisco. C7"Ieland orders promptly filled. 3397-6m A. PERRY, ATTORNEY AT LAW And Notary Public. Office: Over Bishop's Bank. 3692-ly WILLIAM C. PARKE. ATTORNEY -AT -LAW gnt to tk Acknowledgment. Omoi No. 15 Kaahumann Street. Hono- lulu, H.I. GONSALVES & CO, Wholesale Grocers and Wine Merchants. oo- Queen Street, Honolulu, H. I. H. MAY & CO., Wholesale and Retail Grocers OS FORT STREET. Telephones 22. , P.O. Box 470. , ; 3450-y ' Ji ; HAWAIIAN HARDWARE CO., Cutlery and Glassware 307 Tort Street. 3575-ly BEAVER SALOON, FORT 8TREET, OPPOSITE WILDER A CO.'s II. J. NOLTE, Proprietor. First-class Lunches served with Tea, Cof fee, Soda Water, Ginger Ale or Milk. 'OPEN PROM 3 A. If. TILL 10 P. X. Smokers' Reouisites a specialty. WM. F. THRUM, SURVEYOR. Boom Ko. 11, Spreckels Block. 3859-6m LEWIS & CO., Wholesale and Retail Grocers 111 FORT STREET, Telephone 840. P. O. Box 297 CONSOLIDATED Soda Water Works Company, Limited Esplm&de, Corner Allen ind Fort Sts. HOLLISTER & OO., 3710 15K3-1T Agents. H. W. llcCHESNEY & SONS WHOLESALE GROCERS AND DEALERS Dt Leather and Shoe Findings HONOLULU.. AflTTNTS Honolulu Soap Works Co., AULUllO HonolHln Tennerr. H. HACKFELD & CO., General Commission Agents Cor. Fort andjQaeen ts.. Honolaln. T. E. LINDSAY, Manufacturer of Natfa Jewelry DEALER IN Imported Jewelry, Gold and Silverware, Diamonds, Etc. Just the things suitable for the holidays. S08 MERCHANT ST., Between Fort and Kaahumanu streets. 3SGl-3m I'S CASE ( Argned and Submitted to the Mili tary Court Yesterday. CAFT. KINNEY'S MASTER EFFORT. l'enl Neumann Gives II i Keaioni Why tbe Accused Should be Acquitted. The Judge-Advocate Answer the ex-Queen's Talented Attorney. Yesterday's sessions ot the Military Commission were entirely devoted to arguments. The Commission came in promptly at 10 o'clock, and, after the reading of the minutes, retired for consultation. " On returning, Colonel Whiting an nounced that certain passages of the statement made by Lilluokalani must be withdrawn. A marked copy of the statement was handed to Mr. Neu mann. The words which did not find favor were as follows : 11 A minority of the foreign popula tion made my action the pretext for overthrowing the monarchy, and, aided by the United States naval forces and representative established a new government. I owed no allegiance to the Pro visional Government so established, nor to any power, or to' anyone save the will of my people and the welfare of my country. 41 And only those who were in prac tical rebellion against the constitu tional government. ,!?'A11 who uphold you in this un lawful proceeding may scorn and dea- Sise my word ; but the offense of reaking and setting aside for a spe cific purpose the laws of your own nation, and disregarding all justice and fairness, may be to them and to you the source of an unhappy aud much to be regretted legacy. . :"The United States liaving first in-, terfered in the. interest of those found ing the government of 1893 upon the tasls?crf revolution concluded to leave ta the Hawaiian people the selection of their own form of government. ' This selection was anticipated and prevented by the Provisional Govern ment, who, being possessed of the military and police power of the king dom, so cramped the electoral privil eges that no free expression of their will was permitted to the people who were opposed to them.'1 Mr. Neumann objected to any sec tions being stricken out unless the whole document was rejected. His objection was overruled, and he pro ceeded with his argument. He again objected to the jurisdiction of the Commission, quoting from Winthrop on military law, as follows: "As to place and time : A military commis sion has Jurisdiction only of offences committed either on the theater of war or In a place under military gov ernment, or martial law, .and com mitted duriDg the war or toe period of the exercise of such government or law." He held that, provided the accused was guilty of misprision, no act had been committed since the pro clamation of martial law, and that she was amenable to the civil law ; her's was an offense triable by the civil tribunals. Counsel put great stress upon the oath which the mem bers of tbe Commission had taken, and that they must convict on the evidence. He then proceeded to a summary of the testimony given by tbe witnesses. Kaae held a dual position secretary to the queen; relative ofNowlein's. All of his direct testimony shows that he knew nothing of a rebellion al though an intimate and trusted ser vant of the acccused; was confidential enough to question afterwards where were the Commissions that had been made out. Forms of commissions from Gulick ; constitution from Now lein; martial law and proclama tion from Rickard. No testimony that the constitution was signed, only that it was delivered4 by Kaae to Nowlein after engrossment, and carried away. It is curious that, on tbe evening of January 6th, al though present when arms were being distributed to thirty or forty men, he heard no order?, nor got none himself, aiid yet he was a relative of Nowlein's and trusted employee of the queen! He understood that an attack on Washington Place was to be prepared for, but, so little was the dread, that he staid until between 10 and llo'clock be fore going borne. He understood that arms were to be lauded at Kakaako. The diary lie thinks was burned by order of the qut-en; next breath he does not know whether by her order or eomeboly else's, although burned in his presf uce. In his cos9-exauiinatin he states that he ha, no knowledge of the or ders given relative to the urnis. Kaauwae was steward, soldier and gardener. He is atjothc-r on present at the distribution of arras ou Thurs day night but bal none giveu to him. He saw the arms, o he say; saw them distributed to seme forty or fifty people, yet did ot see one single round of ammunition. He did not stand watch that night, although the evidence is that the watches were reg ular from six o'clock to midnight and from midnight to daylight. He went to bed at 9 o'clock and did not see the arms again until Sunday night. Yet, LILIUOU CLOSED ix9 says, Clark told him to clean the guns, be on the alert, and "when the time came to work to do it" His an derstandlng of "work," as told to the Judge-Advocate, was to 'fight." The order was given, aa he says, by Clark between the hours of 6 and 7 o'clock, yet at 9 o'clock he was in bed, asleep. And asleep he staid until tbe arms had disappeared again and he went on guard, In the morning, unarm ed. He was asleep all night, the Kakaako affair had happened during the time, yet he boldly ac costs the accused with the news that the "work did not get on very favora bly;11 and, he says, she answered "yes." The witness said, to Judge Advocate, that by "work" he referred to "revolution." I believe, and so does the Court, I think, that Nowlein told the truth when he stated, in answer to a ques tion by the Judge-Advocate, that, he managed and planned the affair, to overthrow the Government, without any aid or assistance from the accus ed. He does not beat about the bush, his answers are straight and, although incriminating himself, he acknowl edges the affair as his plan to restore the monarchy and by force. His story for the prosecution, as against himself, should receive proper recog nition at the hands of the Court and should weigh well in favor of the accused. The Waimanalo went out. Nowlein sent her. The agents on board, Warren and Townsend, were Nowlein's. The date set for the up rising was January 2d. Nowlein knew it. Thursday was made the day for the venture, and, only then, does Nowlein believe thai the hour is at hand for he gives orders to Clark for the arming of men to guard the residence and person of the accused while he, full of his mission, maybe believing that he may never again see his beloved chief, visits her, on her veranda, where she is sitting, sur rounded by other ladies. At 8:30 o'clock, on Sunday morn ing, Nowlein, the commander-in-chief, the manager and the planner, as he testifies, of the revolution,' in order to be at hand when the move to be made takes place leaves Washing ton Place for Diamond Head, he bids adieu to his chief and, although with his mind full of the hazard, leaves the presence of the accused with lips still sealed to her of the purport of his mission. "Then I went off," he says, and have not spoken to the queen since leaving heron Sunday morning. The cross-examination is a clear and honest renunciation of having given any.information.tothe accuse about the rebellion or any intended plans or movements. 4 '. Captain Kinney opened the argu ment late in the forenoon and had not finished at the noon hour when a re cess was taken to 1 o'clock. Captain Kinney's remarks were as follows: May it please the gentlemen of the Commission: The acts of treason principally relied on, for there are thirteen counts, are the procuring and engaging of men for the purpose of carrying out a conspiracy to over throw the Government, and of pro curing of arms and ammunition for the same purpose, and the partial establishment and preparation of a government and a military force to take the place of the government that they intended to overthrow ; all of which acts we contend are clearly acts of treason as soon as committed, and which we claim were within the guilty knowledge of the accused. Now, some matters are undisputed and undisputable in this case. It can not be disputed that an uprising has taken place. It is now practically a matter of history that after some long months of mutterings, agitation and incitement -on the part of the press and supporters of tb late monarchy the matter took an active and tangible shape under the leadership of four men Mr. Gulick, Mr. Seward, Mr. Rickard and Nowlein ; and those four men procured the landing of arms both here and abroad, and ammuni tion, and enlisted or engaged men to take part in the undertaking; that when the affair came off that some 200 men were there armed and on the field with the intention of taking part with about 400 rifles, as shown by the evidence, and bombs and munitions of war gathered and partially used in attempting to carry out this purpose. It is also a matter undeniable that certain commissions, some eleven in,- number, for the prin cipal. offices under a monarchy, were prepared and engrossed, and a new constitution, which fitted the uprising, and which was to be used in case the uprising was successful, was drawn and engrossed together with a procla mation of martial law, a proclamation for citizens to assemble at the station house and at tbe government build ing, and a proclamation that it had pleased Her Majesty to appoint to certain offices. This is history. This Is not disputed by even the learned counsel. But it is contended that the accused was entirely unconscious of all this that was transpiring, and presents herself spotless ana immaculate before this court with the statement, so far as this uprising, which the learned coun sel characterizes and dignifies by the charge of an insurrection and a riot, i9 concerned, that her hands are clean, morally and legally, from any connection with it Says the accused in her personal statement: tTbe movement undertaken by the Ha waiians last month was absolutely commenced without my knowledge, sanction, consent or assistance, di rectly or indirectly, and this fact is in truth well known to those who took part in it. I received no Information from any one In regard to arms which were or which were to be procured, nor of any men who were induced, or to be induced, to join in any such uprising. I do not know why this information should have been with held from me unless It was with a view to my personal safety or as a precautionary measure. It would not have received my sanction and I can assure the gentlemen of this Commis sion that had I known of any each Intention I would have dinraaded the promoters from such a venture Now I submit and ajree with coun sel that this case should be decided upon the evidence, and I am willies: and most earnestly desirous that it should be decided upon that and nothing else. - I wish to call attention to certain other facts which are prac tically undisputed in this case, before we come to the question of the knowl edge of the accused of tbe entire affair We find in the first place that the en tire uprising was In behalf of the accused. It was accordlcr; to her ver sion a surprise party tendered to Her Maiesty by the residents of these Isl ands, a conspiracy far reac&Ingr, wide, and extending over monthi, but with a caution that was only equalled by their Hve and affection. The whole affair was hidden In .: a Christmas stocking to be opened on the Christ mas morning that was to inaugurate the completion of all that could be de sired. Ve draw more upon the fund of our credulity, and advance to that point to which we must advance if we are to follow the will-o-wisp of inno cence which she has displayed before this Commission and which this Com mission, If It Is to follow, must follow through swamp and marsh aud you may well put on top boots before starting, tiet us admit that in this surprise, the one who was tobesur- nrfRAd Atirl rvltrft fhA Kon ofl t esf If aft did not know anything about it . We have gone that far, and perhaps some foolish man may not be willing to ac cept that, .put I, am willing that we should start at that point. It is. understood further that one of the four men who carried out this conspiracy actively, earnestly working night and day, was housed under tbe roof of innocence, her confi dential servant and advisor, the man who among those four was selected to D&ss the. word alomr throughout the Island -pf Oahu, as he himself admits to everybody, to get ready to do the work when tbe time came to do it. I understand from this statement, made upon the honor of a aueen. that this was going on when srie was engaged as maicaiea. oy ner. statement, "xo prevent the shedding, of tbe blood of my people, , natives and foreigners alike, I opposed armed, interference, and quietly yielded to the nrmed forces trronsrac against my tnrone,'ana ud mitted to the arbitrament of the Gov ernment of the United States the decision of my rights and those of the Hawaiian people. Since then, as is well known to all, I have pursued the path of peace and diplomatic discus sion, and not that of internal strife." And while the mistress of the house was pursuing "the path of peace and diplomatic discussion," her headman, her confidential advisor, the one close to her, under her own roof, was pursu ing the path of peace with a bucket full of bombs in his hand and a rub bish pile full of rifles at his command, all under the roof of the accused. Tbe learned counsel has reminded this Commission repeatedly of its oath, as if only the disregard of your oaths stood between the acquittal of the accused. Let us swallow that It turns out that while the accused was fa pursuit of truth, some one, against her will ,nOT n v. r -.v. j smuggled this arsenal right into her own grounds, and in different parts of her' yard, and that her household, forty in number, that Thursday night were armed to the teeth and surround ing her in the pursuit of peace and diplomatic discussion. We are told that she knew nothing about it Some men in the bog suggested, might gO in over their heads at ooce, but I urge the Commission on, in order that no injustice may be done, to hunt out some solid piece of ground in sight and let us get on ii if we can and think of this individual with forty men the learned counsel says there were only ninety engaged in the war; we will take his say so for that in side the acre lot occupied by tbe inno cent accused, armed to the teeth that night, five of them within fifty feet of where she was in the habit of going to rest Upon the evidence it appears that certainly not over 200 men were in the field or prepared to go into the field, and out of those 200 men over 40 were in the Queen's yard ready to take a hand, according to their own evidence, and 50 out of the probable 400 rifles used were hidden on the premises as were also most of the bombs,: only a few being elsewhere, and abundant ammunition for the forty men and the fifty rifles. The Queen Is made to say in ibis statement that she bad no in formation from anyone in regard to arms that were to be procured. That is a matter to be submitted to the Commission upon all the evidence. By the undisputed evidence it is shown that commissions were drawn by tbe direct order of the accused and signed by her on or about tbe 28th of December, at an hour when tbe evi dence showK tbe Waimanalo was out for the arms, the schooner had been sighted and the revolution was upon their hands whether or no. It further appears that within a few days of that time a proclamation by her of martial law, carrying with it all the signifi cance that that document means, the proclamation to loyal citizens to rally to the support of the Government and to the preservation of property and to appoint certain persons were in her u&nus at wasnuigiuu tiaue. .uw (ha laaniJ Annnul XVnillil htVA IT uuuersuina, wuue Auuuuug u viv allege in regard to these suggestive . . . ... J . 1. 1 1 . documents, asserts in co:a oiooa uizz all this admitted action on her part s