J) u~~~~~~~~ MAD~~~~~~~~~~~~~~~5~~~3 3,~1~"~j~f~f. 1.UVZ3 Library of WALTER SCOTT PENFIELD WASHINGTON, D. C. i 55 5F - - --- __.M Nll&_7_- 11Z M-1- M_ - I r__ _-, II v.1 A - I -9 ' -— 4 oj. f-,- 3 -J -I b'~~~~~~~~~~ r~~~~~~~~~~~~~~~ 0 r K,~~~~~~~~~~~~~ 1~~~~~~~~~~ 4 ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~~~~~~~6 pL CORRESPONDENCE Between the Government of the Republic of Hawaii AND Her Britannic Majesty's Government IN RELATION TO THE CLAIMS OF - CERTAIN BRITISH SUBJECTS ARRESTED FOR COMPLICITY II THE INSURRECTION OF 1895 IN THE HAWAIIAN ISLANDS. HONOLULU: HAWAIIAN GAZETTE COMPANY, I899. I C, r u ~I r " ...; 7!:.1 SYNOPSIS OF CORRESPONDENCE. Letter. Page. (1.) Aug. 26, 1895, Mr. Hawes to Mr. Hatch: Submitting " " " claims of J. B. JOHN'STONE (claim withdrawn page 1)....... 1 " " " CHARLES E. DUNWELL (claim paid page 151.)................... ' " " JJAMES BROWN (claim withdrawn page 23)...................... affidavit enclosed.......... 2 i' " " IjELEWIS J. LEVEY (deceased 22nd August 1896).................. 1 affidavit enclosed.......... 3 '" " I. C..BAILjEY.................. 1 affidavit enclosed.......... 6 " " F. H. REDWARD................ 1 affidavit enclosed.......... 7 " " THOMAS R. RAWLIN'.S.. 1 affidavit enclosed.......... 8 "' " ARTHUR McDOWALL............ affidavit enclosed.......... 9 "" - " F. HARRISON................... 1 affidavit enclosed.......... 11 " i - '".C. W. ASFORD................. 1 affidavit enclosed.......... 14 " G. CARSON KENYON......... 1 affidavit enclosed.......... 17 - " EDWARD B. THOMAS........... 1 affidavit enclosed.......... 19 (2.) Aug. 28, 1895, Mr. Hatch to, Mr. Hawes: acknowledging receipt of claims and submitting statement of JAMES,BROW N..................... 21 (3.) Aug. 30, 1895, Mr. Hawes to Mr. Hatch: withdrawing claim of JAMES BROWN.. 23 (4.) Sept. 9, 1895, Mr. Hawes to Mr. Hatch: Submitting claim of W. F. REYNOLDS.... 24 (5.) Nov. 4, 1895, Mr. Hatch to Mr. Hawes: Brief and affidavits in answer to claims of F. W. HARRISON, Brief....... 26-38 affidavits............. 39-52 ix SYNOPSIS Letter. Page. (5.) Nv. 4,lS~d~E. B. THO1'.M AS, Brief.....26-38 affida~vits........52-71 ARTHUR McDOWALL, Brief..26-38 affidavits........72-87 C. W. ASHFORD, Brief.....26-38 affidavits.....;.87-111 Exhibit A. See Aippendix A.. 157 " " " ~~F. H. REDWARD, Brief.....26-38 affidavits........111-120 W. F. REYNOLDS, Brief....26-38 affida~vits..........120-130 Exhi~bit C. See Appen'dix~ B. " " T. W. IRAWLINS, Brief. -26-38, affida~vits..130-133 " " " ~~G. CARSON KENYON, Brief..26-38 affidavits..........133-142 " " " ~~L. J, LEVEY, Brief.......26-38 affida~vits........142-148' M. C. 'BAILEY, Brief......26-38 affidaivits........48-152 '(6.) May 248, 1-896, Mr. ffawestlo Mr. coper: R~ejply to 1b1iels and a~ffidavits of MAai-. 4, 1895...... 152 (7d) Dec. 17, 1897, Mr. Co~oper to; Mr. Jienny: Proposal to re~comm end to Legislature payiient of DUINWEjLL'S (8.) Jan. 17, 1898, Mr. Kenny to. Mr. Cooper: asking - F'or~mal R~eply to. letter of May 28, 1896.153 (9) Feb. 1, 1898,' Mr. Cooper to, Mr. Kenny: Disclaiming liability of Ha~wa'iia:n -G~overnm~ent..L.....5 (10.) May 3, 1898, Mr. Co~ope'r to Mr;. Kenny; N~oti~ce of -, appropriation by Legislature in setftlement ~of DUNWEIIS, claim...........155 (11.) July 5, 1898, Mr. Kenny to Mr. Cooper: offer~ to arbitrate claims.5 (12.) July 15, 1898, Mr. Cooper- to Mr. Kenny: Noti~ce — of Annexation of Hawaii to, the United States and inability to, Atrbitrate.156 CORRESPONDENCE IN RELATION TO THE CLAIMS OF' CERTAIN BRITISH SUBJECT'S ARRESTED FOR COMPLICITY IN THE INSURRECTION OF 1895. Mr. HF!awes to Mr.1Hatch. BRITISH CONSULATE GENERAL, Hon~oluh~t, August 26th, 1895. F. Ml. HATCH., ESQUIRE, Ministe~r of Foreign Affairs, etc., etc., etc. Sin -HerMajesty's (loiveinrinent ha~ve,had under their c~onsideration in communication with the Law Office of th~e Crown the proceedings of t~he Hawaiian G~o~ve~rnme~nt against Britis~h Subjects for complicity in the recent ri sing incases where the persons in question have-suffered airre~st and de~te~ntion under the powers -conferred on the Executive by the prucla~ination of Martial La~w, without havking been. brought to tr'ial. The cases -in questi-ont which exhibit the same genera~l char- acteristics, viz. a~rre~stc' — on suspicion 'of complicity 'in them revolution; more, or less prolonged detention in pris~on; some - severity of 'treatment while 'so detiiined.; and -inducement by undue pressure to, le-ave the country, were these, of J. B. Johus~tone Charles E. Dunwell1 James Brown Lewis J. Le-vey M. C. Bailey F. H. Redwalrd Thoma~s W. R~awlins Arthur, MDoawa-ll F. Harrison C. W. Alshfor'd G. Carson Kenyon Edward B. Thomas In the ca-se, 'of J. B. Jo~hustonie Her Majesty's Governhient are advised that 'there is no, ground for -protest or claim, his confession to, me a~t't~he time ofhis dep~ortaiti~on, that he- could n~ot fac~e a trial, w~hich was rep~orted 'to! Her Maje~sty's Governiimnent on the, 7t.h of February last, being considered practically tantamount to an ad'mission 'of guilt on, his p~art. T'he, explinations. your Go~vernmient offere-d in the c~a~se 'of Charles E. Dunwell aire already in. the possession of H. M. Government. 2 CLAIMS OF BRITISH SUBJECTS. In regard to the other persons above mentioned I am directed by Her Majesty's Government to express to you their desire to be acquainted with the contention of the Hawaiian Government las to the cause of arrest in these instances and the reported vigorous treatment, and generally as to the rights and wrongs of these proceedings; with that view I have the honor to enclose extracts from the swlorn statements lof the above named British subjects bearing on the points 'to which Her Majesty's Government have asked your attention. I have the honour to be 'With the highest 'consideration etc. A. G. S. HAWES. H. B. M's Commissioner and Consul General. [Enclosure 1.] I James Brown of Honolulu, declare upon oa:th that I was arrested on January 9th about noon by D. H. Davis and taken to the Station House; no charge lagainst me was made, and nol warrant for my arrest produced. In answer to my question for what I was arrested, a clerk at the Station House said "for safe keeping." About three o'clock in the afternoon I was taken with others tol the prison, and put into a cell there with another m'an, herle I remained for two, weeks, being 'allowed four hours' exercise daily. Then I was put into a separate cell, and for three days I was allowed only half-an-hour out each day, and not permitted tol speak to 'any of the other prisoners. On the night of January 25th, alt 5 o'clock Mr. Kinney came, said he was sorry to isee me in this cell, that hel had come to. see me becausel hie was, a friend of mine and thought that I would tell him all I knew; he. said that he was pretty certain, to t'he best of his knowledge that five men would be shot viz: Mr. Gulick, Mr.;Rickard, Major Seward, Mr. W'alker and Mr. WVilcox; that he thought Carl Widemann wwould get, life sentenceeand $1(0,000 fine, Marshal and W. Greig would get 20 years and $5000 fine, and one native would get five yelars for just taking food for. the rebels, he advised me then, if I wanted to gelt out of it, to tell all I knew. He to'ok ml out of the dark cell, wh'ere I had spent the night (there was no bedding or blanket, and I had to sleep on the bare floor), to Mr. Low's, bedroolm. I told him I knew nootthibng. He said, "Oh no, you ar'e lying, you know lots." He then asked me if I had driven any of the principal insurgents. I told him, "Yes," land that I had driven ialmost.all of them for years back: explaining that it, was in the ordinary coursle of my blsiness. He, askeid if I had driven anyone to Kakaako on Thursday evening, January 3rd, I said I had not and that I knew nothing abiout;the Kakaaklo rackets CLAIMS OF BRITISH SUBJECTS.3 3 until next morning. lHe asoked me, particularly if I had driven B~owl~er or others, in, such a way as to know anything, of their political movemlents: I said no,,and that I kn~ew nothing. HEe then Sat quiet for a, few. minutes, 'and said hie, would give me an opportunity 'of 'tel ling what I knew,!saying 'that he' had witne~s~s to, prove, thiat I knew as much as. anyonej about the plot. He then sen~t me back -to, the dark cell, in, spite ~of my strong remonstrance,; but a, few minute~s lat~erJI was,-, released, and put -in my old cell. A few days afterwards Mr. Kinney came again and questioned me about Mr. Bowler, saying that he had e~vidence of Bowler having sent for, me, -t~o drive, him on the night. of January 3rd, I told h~in I was in bed at the-hour he me~ntiolned. A few weeks later he came. again,;and said, "Do you want'to, gelt out to-day?" I replRied that I did; and he:said, "Then -tell mme what yo~u know."1 I repeated that I knew nothing at all., and had nlothing -else, to tell him. Ue, took a paper and pencil,;and told me to, tell what, I knew, I persisted thoat Ilhad ao~thing else to tell1 him, and walked away froln him. He, called me. back, but I would not come, and he threatened me~ with thfe dark cell again. I was- however, allowed toi go, back to, my own cell. One, day the, Marsha~l came, I. think on February 7th, to speak of my leaving the, co~untry until annexation sho~uld take~ placee. I d~eclin~ed to, be, pnt onl board-steame'r under la guard, as he proposed; but said that if I were set at liberty.1 should likc t~o att~,nd tosm bii netss land accompany my moathier to, San Franlcisco. He saiid that lie had evidence enoiugh-,dgainst me, to impri.~_on m~e for five years. A fe'w dylaeIsine1aper with Mr. Ne~umaRn'ls appravai;,-.an~d was released; by- the -paper, Iagre~ed. to leave, the, coun1try until permitted-by -the, Foreign Ministler to return. (Signed) JAMES BROWN. Signed and sworin ~to this 21-st day of Fe~bruiary, 1895, be~fore, me. (Signed) THOMAS RAIN WALKER. British Vice-Consul. [Enclosure 2.1 I, Lew is J. Levey, a, subject of Great Britain, resident of Honolulu, Hawaiian Islands, up~on being duly sworn depose and say: I have resQ.ided in Hono-lulu 1-3 years, engaged in business.of auctioneer tat corner of Queen and Fort stre~ets. Was in my officer at 2:30 P. m. on January 9, whe~n Richard D~avis, a sp~ecial p~olicemau, and Captlain Scottt, member:of the police force,, entered and informed me-that the Attoirney-Ge~neral desired my pre~sence at thie Station. House. Both officers were armed and I accomp~anied them. Arriving at the, Station 4 CLAIMS OF BRITISH SUBJECTS. House I was ushered into, a, private office, in which were sitting W. 0. Smith, Attorn'ey-Generall, and Jaimes A. King, Minister of the Interio~r of the Republic of Hawaii. Captain Scott delivered me into the hands of the Atto~rney-Genera~l who requested me to, be seated. The following convers4ation between the Attomrney-Geinerar l and myself took pla~ce: Have you within the last two weeks s~tated that you knew the namme of the vessel that brought the arms for- the rebels? No sir! You lie! Have you within. the last two, weeks stated that you knew wrho furnished 'the money with which to purchase the arms used by the rebels'? \o sir! You lie! Captain Scott Who was present during the interview was then instructed 1to take me b~elloiw and c,,o-nfinle me in oine of the c(ells. I wanted to ask the Attolrney-General for permission to cormmnunicate with I1ny family but was not permitted ito, spyeak. On rea(ching the cler~k'as desk, I wais searched and relieved of miy watch, chlain, keys, ~money. etc., 'and afterwards placed in a very dirty cell in wlhichl- ahn American, known as_~ "Ala.banma." Mitchell and a kanlaka were confined at the, siam;e time. After, a detention of perhaps thirty minultes, the ceill doior~ was opened and I was o rdered to get in line, withi fifteen others. 'We were surrounded by an ar-mled biody of men and marched thro:-,ugh the public streets to the O1ahuin Prison, where we arrived about 4 o'celoick that afternoon. In -company wi th Fred'erick_ Harriton also a citizen of Great Britain, I was placed i.n rather a small cell, perfectly bare off furniture land bedding and kept under lock aInd key until the next afternoon at. about 4 o'cloack-twice duiing this. period 5 i?. M. and 7 A. M. some hea d breoad and la tin cup full of tea, was pa:&s,;4~d through the - door. At 6 i,. M. my wife sent me bedding land a, mosquito net. A/t 5 rI. M. on the second day we were giv~l soume, meat and l),-tato~es whihb we wer~e forced tio eat with 01 nrhalnds as knives, and forks were forbidden. After the meal we were allowed Iinety minutes exercise in thle prison yard. Dur'ing the time of my inea-ceatfioo n I was allowed four-' hiours exercise in the prison y-ard out olf twenty-four hours. The day after my lat'rest my wife applied ito the Marshial of thle Republic fo~r p'ermission to: visit me atnd was given an o~rder upon the go~ve~r~n~or oQf thle prisoln whq refused to, alliowed hei inside. On January 12, H. B. M. Comminissioner A. Hawes called to see m~e and asked jf I had seen my faviily. and when informed of the circumstances r-elated ablove, expressed surprise and he wmould enq'uire into, it. On Mondlay following my wife and brother were perfmitted to, visit me and converse in thte presence of ~the governor of the prison. I had several inter CLAIMS OF BRITISH SUBJECTS. 5 views with H. B. M. Commissioner Hawes and urged him to have a day set for my rtrial or to try and have me admitted to bail. No charges had been presented and I had nol knowledge, beyond what I may have gained during the conversation with the Attorney-General on the day of my summary arrest, as to what I was to be charged with. Three weeks, after my larrest, and consequent upon it my wife, was taken seriously ill. I was also ill and was o'bliged to call the services of my family physician. During the fourth week of my incarceration H. B. M. Commissioner Hawes called upon me and asked if I knew myself to be in such a position that it would be desirable to sign a document which would bind me tol leiave the country until permitted by the Minister,of Foreign Affairs to return, I said I did not 'and should refuse to 'sign such docu-. ment. This I refused in the presence and upon the advice,of my attorney, Mr. Paul Neumann. On the 37th day of my imprisonrment, 'however, I yielded to.my -w.ife's entreaties and signed the documen't as stated above and was released from' confinement. During 'the thirty-seven dlays I was in Oahu Prison I wa!s denied newspapers and my letters were taken from the Post Office by orders; of the Marshial and opened and read by him or persons connected with his office. My business suffered from. mry.absence and through t;he arrest of my 'book-keeper,-; M. C. Bailey, presumably for the same.realsoi as m.ys-elf.. In closing tlhis. I wish to state clearly and emp'hlatically tha;t' I ha.d no, know'ledge whll.atever lof the revolution prior to the',.: time it began; that I knew nlotling,of the vessel landinlg a.rms.'. until it was published in the newspapers nor had I \any knowledge 'tlhat money was furnished with which' to, purclchase munitions 'of war to he used by persons in any attempt tlo overthlrow t'he existing government. I never stated to, 'anyone that the governm ent 'ould not find arms which I 'h'ad coincetaled in my premises for 'the simple reason t:hat I h'ad no'ne to conceal. On the night 'of 'the revolution I was l'at o-llnme with my family as it was wont to' be. XWTVh.le my sympathies have been and are witlh the late Imlonarchy I have never, by word or deed, done oughlt thalt might be colnsttrued.as an attempt to overthrow the present governm ent by revolutionary m easures. I wish to state, further, t'ha't in signing the paper presented to me by the government, whereby I,obtained my release, I, in no way admitted, a;ny coonnection with the revolution; it was simply the ch'oice o'f two evils after I had been informed thliat it might be sixty days before I willd be 'breought to 'trial. (Signed) "nswrs J. LEVEY. Signed and sworn to the 2St1-l day of February, 1895, before me. (Signed) THOMrAS A RAIN WALKER. British Vice-Consul1 6 CLAIMS OF BRITISH SUBJECTS. [Enclosure 3 ] Personally appeared before me M. C. Bailey this 4th day of March, 1895, being duly sworn, depose and say: I was arrested on the 12th day of February, 1895. Taken 'to Oahu Prison and locked in a cell, next morning was let out in the prison yard for ninety minutes, and there met Mr. Fred. Harrison and others, I knew, I had a talk with Mr. HIarrison and got from him an account of the treatment he had received, it seemed to me very severe, he had decided to! leave'the country, seeing he could not get 'a trial, he strongly advised me to accept golvernment terms unless I wantled to, go through the same he and others had done. On the 14th-'of February, 1895, Mr. Hitchco'ck, the Marshhal, told me (in th'e office 'at the prison) that Ithe best thing I could do would be to sign the government document and so secure my liberty. On the 15th February, 1895, Mr. Kinney (Judge Advoctate, etc.) sent for me and said while Lewis, J. Levey is in prison we shall hold you, and that while lie admitted they might not have a strong case against me (they had enough to be sure of a conviction) very little evidence was needed these times of one thing, ihowever he was dead sure, if they could not convict me here. Under martial laws they had the power to deport me to San Francisco, for the authorities there 'to deal with me, as he was informed I was wanted, thesle I tried to argue with him that I did not think the, San Francisco authorities were looking for,me, that his, proposition was laltogether illegal that my consul would protect me. Yes, he says, protect and what can that do, for you, we don't care a dam for English, American or any other Foreign Representatives, t'hey knew 'England and America. sided with whart they were doing, I found it was nol use contradicting anything he said, his manner was so over-bearing and severe, 'he said sharply to me, Bailey, Mr. Levey 'has your fate in his hands, to save yourself you pursuade him to, sign document government wants and we will let you go where you like so long as it is 'out of this country, if n,ot we may deport you to o San Francisco by the next S. S. Australia. Mr. Levey being sent for, we were allowed,a private interview and I told Mr. Levey whlait had piassed. I did not think I could' get 'a flai'r trial, neither did I coinsider their military commission a legal tribunal. I looked upon it as a hopeless tribunal, I did not like the idea of w'aiting in prison two, months for a 'trial. Mr. Kinney having told me there were 100 prisoners to be tried before mine land Levey's could be reached. I further make oath and ssay th'at I ihad no connection with any rebellion olr plot aga'inst the Ha,waiian Government and that I was unaware of any. That I know of no just cause of my arrest and depriva'tioln of liberty land that I have co'mmitte'd no offence CLAIMS OF BRITISH SUBJECTS.7 7 against said Hawaiian Government war anting any deprivation,of my liberty. *** (Signed) M. C. BAILEY. Signed and Sworn to at Honolulu this 4th day of March, 19,before me. (Signed) TiHOMAS RAIN WALKE R. British Vice-Consul. [Enclos-ure 41] I, Fred Henry Redward, declare upon oath that on the, 7th. day of January, 1895, I was arre'sted whilst at work in King Street, Honolulu, by ithree Special policemen whose names I do nolt know. I asked for what I was arrested, but could obita-in no explanation, and was 'told ito, '~come, on," no warrant for arrest was shown me;- I asked ito, see one, but was told that, I did not require any. I was taken to. the Station-house,and searched; I objected to being searched. I -demanded the reason of my arrest and after-some delay was,told "'for conspiracy."1 I was, after being there for, abhout an hour-, marched, to Oahu Gaol., wheire I remain until February 13th. During that time, after Iha~d been imprisoined. abou t a, fortnight, T'. B. Walker told. me, fand others that he was Sent by the, Marshal to 'Suggest to us that we should sign an!agreement to leave,the c'ountry. I told him that I was 'ready to, stand -my trial,at'any time,'though no-charge, wa~spresen'ted 'to u~s, and would not sign 'such an agreement. When I with others saw Mr. Hawes, the British Commissioner, we told him of this prop'os~ed agreement, and as~k h-im to try ito 'have us, brought for trial or released 'on bail. On o'r about February 11th. James Br'own, who -had agreed 'to sign an agreemen't such as the afores-aid, told us that we,,oiuld get out that day if we would s~o ~sign; I refused. Next day I s-en'tto the, Marshal, told him that I 'was, willing 'to Stand my trial, as I was n'o't guilty of anything,,and k~new nothing of the, rising;on January 6th, but that,' ra~ther than remain a furthe~r -indefinite period in prison, I would sign an agreeent to, leave 'the country, the Marishal saying that probably I ~sh~ould be'able in a short time to return. 'My only reason for consenting 'to, go, was, thait I did not know how mu~ch. longe~r I migh't be k~ept lockled up before being 'allowed to go up for 'trial. (Signed) F. H. REDWARD, 11) order to' leave, t'he country thlrough the said agreement, I ',have 'had to sell 'most o~f 'my property 'at gre~at lo'ss. My 'hou~se was searched by the police the day alfter my arrcst in my absence, I being in prision. ('Signed) F. H. REDWARD. 8 CLAIMS OF BRITISH SUBJECTS. Signed land swiorn to this 23rd day of February 1895 before me. (Signed) THOMAS RAIN WVALKER. British Vice-Consul. [Enclosure 5.] I, Thomas William Rawlins, a British subject, hereby solernnlv dec:larte upon oath that I have resided in Honolulu for 20 years; that on Tuesday, 8th. January 1895, when about to depart from the Pollice Station, Honolulu, where I had been to deliver up my gun and anmmunition in compliance with the government requirnements, I was arrested by (us Hammer, the Plolice Statfilon clerk, without any warrant, and eseorted inside ithe Police Station by a man armed with gun land fixed bayonet; rthat when taken inside, I was asked, if I w.ou1ld (allow ilmyself to be searched that I replied in the affirm'atiV(, tbut lesked the re"I;ason for sul'ch searchli; that Rosehill, the p.oli~ce clerk replied "Don't ask any questions" and that Hammer ithe other po1lice clerk present said "I lhave no time 'to answer," 'that after beinig searc(hed and the contents of my po'cklVe:ts takeli forom me, I was about to be locked up, but I said "Hold on, before being taking belo.w, I wish to, call,on that gentlemlan wrho is si'tting outside in my buggy; I wish to tell him how I am. situated;" that Mr. R. Collins, tlhe party relferred to, was then,admitted and I then said to him "I am under arrest, and in- ylour presence I now make a strong protest against my 'deltention, as I anm an innocent man and there is nb charge nmade against me;" i'that I was not feeling well, locked up in a cell by mysel f; thaat subsequently I wlas released fromIl the cel11 antd allowed to, walk in the sta!tionn-~house yard; that alfter'bei-ng' confined in th.e yard for 3 or 4 hours, W. 0. Smith, tlAittorney-CGeneral appeared on the scene; that I went to him and,said: "Mr. Smith I am under arrest and do hot know what its for;' I'that Ihe' repl.fied to me in a very surly manner, saying: "Sit down!and mneditate," that he then left me, but returned a little ]aiter on, when I again repeated my request 'to know the reason of my arre!st and detention; that he answered by saying: "Well, if you want to know, you are arrested for ctonspirac-~; "'that towards dusk, I was marched under arlmed guard thronughi thle principal streets to the, Oahu Jail; that when in Jail I was served with one small dirty blanket whic(h had evidently bheen used folr a considerable time by 'one of tlhe *)rdinary prison` inmatels la.nd c-onsequently I hadd tlo procure bed clothes from 'my house;. that the cell in which I was confined measured about 6 feet by 5 feet or thereabout.s and that there ere re two of us 'confined in the same cell; but I was shut up in the cell during 20 hours lout of every CLAIMS OF BRIITISH- SUBJECTS.9 1), 24;- that some days I wa~s allowed less than 4 h~our~s f or meials an~d exe~rcise in the yard; that on~e day whil-st I wa~s confined in prison, Thomas B. Walker, one ~of th~ose who had been. arrested, came into, the ya-rd when we were at brealkfast; that he took me aside and informed me that he had been sent by M~ar~shal Hitc~hco~ck to, speak -to, me; that h e said the Mar~shal. had sent, him, that the Government was in po~ss,,e~ss-ion of all the necessary evidence requi~red 'to ha~ng me and that he. advised me. to accept the. offer, of leaving the~ country without being tried by Court-Martial; that I enqluired of Waflker what authority he had for making this offer,, thinking that he might pos~sibly be ~chaffin~g me,; that Walker then said: "T have, the Mar~shal's authority for it,," and at the same tim~e produced a, piece of paper on which was written a, list of those persons, in ja~il whom he had been instructed by thte Mairshal to interview; that my name was ~on -the list; that I also remaember seeing Fred H-arris~o~n's name, on the same, list; t~ha-t I laughed at the idea a~nd refused his offer to leave t-he country; that later on I found that Walk1er had. aipplrio~ache.)d othler of the vurisoners ~in the saeway; that I heave also been info~rmed byv vaiouT'))s, ur~isoluers thtat whils,,t confafined in Jail they had been interviewed by Groverinmentf Offi-iails- w~ho:by threats and intbuidtloiT haid enduea vouiced to, ut incrimina ting ev~idence against other~s or tried toget them consent to leave the country; that I was inc.arcerated in jail for four weeks viz: from Tuesday, Ja-nu~ary 8th. until Tuesday February 5'th. that on1 the latter'date Hen-ry Waterhouse, 'a membeir of the Adviso~ry Council ~of the, Hawaiian iRepublic, c~ame to the pri~son and I was callIedto, his presence; that on h is speaking to me, I aisked him in what c~apaceity he wals addressing mncand that, he replied, in that iof Deputy Ma~rsh.al that 'he took me, and J. S. Walker, another priso~ner to the Police Station where I wa~s informed by MarshalI H~itc~hco~ck that he had been ordered by the Cabinet to relea~se me on my own recognizancee to appear when called upon. * * * * (Signed,) T. W. RAWLINS. S'igned and sworn to in Honolulu thi~s 4th. day of Mar~ch, t895, before me. (Signe~d) TT OTNAs, R A IN W A L KER. British Vice-Consul. [Eiic'osure 6.] City of Honvolulu1 Island of Oahu. Arthur McI~owafll being duly sworn on his oath. deposets and s~ays,, am a British subject-, wa:s.~ born in North Brito~n, L~on 10 CLAIMS OF BRITISH SUBJECTS. don, England, oln the 9tLh day of January, A. D. 1855, have been ia resident of Honolulu since the year 1877 and was married on the 28th day of August, A. D. 1888, to Anastasia Swift, also a native 'of London, England. During my residence in Honolulu and up 'to the 7th day of January, A. D. 1895, was never charged with any offence against the laws of the Hawaiian Islands. On the 7th day of January, A. D., I was arrested by two armed men, "The Rev. H. W. Peck and one, named Allen," without any warrant and conveyed to the Oahu Prison, where I was confined until Friday, the 15th day of February, A. D. 1895, and although I many times requested to know wha:t I was charged with, never was informed nor was brought to trial. During my confinement in the Oahu Prison I was placed in company with a kanaka who was very dirty and I was not allowed a bed, ha:mmock or blanket, in fact nlothing but the blare floor, I was kept in such cell until the 11th day of January, A. D: 1895, when I was allowed out about five minutes, I. was allolwed to. go to, the tap tol wash my face, but was not alloewed soap for that purpose and then was made to return to my cell and remain there until 1:45 p. M. of Saturday, the:12Ah day of January, A. D. 1895. I was nlot allowed tol wash myself until then. My food consisted of two very hard biscuits in the morning served 'at 9:30 and a pannikin of cold tea, and two biscuits and a pannikin of soup in the afternoioni at 3 oclock. On two occ.lsions I got three biscuits and once I got a small piece of soft bread., I many times demanded to know the rea.son olf my harsh treatment. On one,occasion I was informed Ithat I was brought to jail under different circumstances than the rest of the men and,o'n anlother occasion I was told Ito'l shut up, and go Ito Hell, oither similar remarks, were passed during my confinemenit. Since the 12_th of January, I had very good food and got four hours exercise every day and was locked up the remaining twenty hours. On the 31Slt of January, A. D. 1895, Mr. T. B. Walker, a p.olitical prisoner, was broughit to, the jail 'and allowed his freedom in the yard with me. Hoe informed me ithat Marshal Hitchceock had lasked him to see me and endeavo'r to induce me to leave the country by the n'ext steamer as lit wvould be better for me. I told him that as I had done nothing Whatever I should not think of leaving. Since then Mr. J. A. Magoon s'aw me on three different olccasions and told me the government thad very strong evidence against me and advised 'me to' leave. On each 'occlasion Ihe told me, a different!tory and I declined to go. On Friday, the 15th, Marsrfal Hitchcock interviewed me and wanted me tot leave in the Alameda, then hourly expected, I refused positively and was then locked up in a cell without CLAIMS OF BRITISH SUBJECTS. 11 any window, no light, but what could come in the grating of the dloor fro m the dark cell. Again I was interviewed and on account of the severe strain brought to bear on me by my wife (who been sent to me that same morning) and other official, I consented to leave here by the Warrimolol oln the 23rd oif February, 1895. I had nothing whatever to do with the rebellion in any Shape or form. Hlad no arms or ammunition nor did I assist anyone in getting arms or ammunition, nor had any knowledge of arms )or ammunition being brought to the country for revolutionary purposes or any knowledge there was to be a revolution nor even any reason to suspect the same. (Signed) ARTHUR McDOWALL. Subscribed and sworn to before me this 21st day of February, A. D. 1895. (Signed) TEIOMAS RAIN WALKER. British Vice-Consul. [Enclosure 7.] Statement of Frederick HTarrisoln sworn tol before Thos. Rain WValker, H. B. M. Vice-Consul,at Honolulu on 2nd day of March, 1895. The Sundlay night tof the trouble, January 6th, I was at home with my wife and family 'and servants* at my residence at Waikiki, my wife being at that time sick in bed from childbirth, on Monday afterno!on I moved my wife and family for safety to her father's residence in town and I slept at my home each night. On Wednesday morning I visited my wife and family and had not been there thirty minutes when two, white police under arms came to the house (it was about 11 o'clock A. M.) and placed me under arrest without any warrant, I was then taken to the Station House, my watch, money, and keys were taken from me, and on enquiry was informed there was, nio charge against me. I was then removed tol a cell occupied by one olther man and detained there until about 3 o'clock. during whic'h time Mr. James Brolwn, a Britis'h subject, was arrested and placed with me. I and others then ordered out and with fourtee'n or sixteen others were, marched between,an armed squad publicly through the streets to, Oahu Gaol, I was then placed in an empty cell with another British subject, Mr. L. J. Levey, and kept inside without liberty until about 4:30 P. M. the following day, Thurs day, when w'e were let out in the rear yard. Until this time in the jail all that we had was hard biscuit and tea, given tol us in our cell, that afternoon they gave us meat and poltatoes, for a few days we were allowed liberty twice during the day, in all about two hours a day. At this time my attention;and others was called by Mr. A. 12 CLAIMS OF BRITISH SUBJECTS. McDowall, a British subject, who was then confined in a cell with 'a kanaka folr five days on prison fare, hard bread and tea, and tlhat he had never been out of his. cell, he asked us to try and help him get relieved, we stated we would do so if we could, as we pitied him. About three days later Mr. Levey and I wiere removed to another cell outside the main building and were let out for exercise thlree times during the day with orthers that had been previously arrested, we golt about four hours;liberty out of twenty-four. About twelve days after my arrest, one night at about nine o'clock two guards came to my cell land ordered me 'to get all my clothes, etc. I fully expected to be removeed to 'the Station House as, others had been previo'usly removed, 'it was knolwn they were at the Station House, I was then taken into the main building where Low Gaoler, stated without question t'hat he! did not knot w t'he reaso ns for' r.emoving me but tlihat he was ordered to, do) so. They then put lne into a cell which was far inferioir toi the o'lne I had left, las it was anmongst oth'lers that cointained kanakak s, (lose and badly ventilated, I wa.s, then given about twol hours liberty a day and only for myself, being forbidden to) commulinicate wilth any other person. During the next day I was removed 'to, another cell, only two cells away from tihe one. I had occupied. About twlo days after, about 10 P. M. I was disturbed in my sleep by two guards being in my cell before I was awalke, which was (luite a surpr'ise. They had no shoes on 'and 'seemed,as t'hough they lhad been t'o bed, las they were partly dressed. I asked what they wanted, they stated in ltow tones they were to put me 'in ainofther cell, only three cells fro'm tlhe former' one, it was very unpleasant and so'rrying to. be changed so, often iand at that time. A few days after, during the day, my cell wais olpened and Mr. T. B:. 'Walker, who I understood 'had pleaded guilty to a charge o'f 'treason acnd was waiting sentence, stated 'he was sent to see me and otherse. The guard opened the dolor of imy cell and Mr. Walker camne in, he showed me a paper with a list of 1names 'as follows: (My n amle wais first) F. Harrisoln, Norrel, Hy. von Werthen, H. Juen, T. W. Rawlins, 'and F. Redward. He a:sked nme not to' say anything about him showing mel the list. He stated that the governmeint wanted me to' leave t'he couuntry, and th'at they,.-laid they Ihad enougth eviden:ce to' convict us all, and no doubt tlhey would confis(cate all my property. I told him I would not accept the overtures, as I was noit afraid if they gave me a, fair trial, but was only afraid of manufactured evidence, and I would stand my trial. He bid me good-bye alnd I have not seen 'him sineel to speak tio,. I,also told him to informn those that sent him, that wlhaitever busine'ss they had in regard to. myself tol do the slame through my counsel, Mr. Neumann. I saw Mr. Neumann a few days after and told him about the proposal. He said my CLAIMS OF BRITISH SUBJECTS. 13 trial would likely come up at,any day an'd that he was trying to get everyotne out on bail or bolnds. After this I was again removed to another cell below, on the ground floor, the same floor as the dark cells are on. I told Mr. Low, the jailor, that I was tired of constantly being moved and as-ked him his reasons fo,r doing so and he said he was only fulfilling orders. A few days after, I was allowed out in the rear of the building with several others together, whichh I appreciated after being by myself so long, having been in solitary confinement about eighteen dlays. At this time I knew iof Mr. Wundenberg and Mr. James Brown having promises of leaving the country. Mr. Brown questioned me a)bout the same and acknowledged that Mr. Low had told him to influ;ence ime to go. He told Low that I would nolt leave. I told Mr. Neumann abouit it and 'he promised to see into the matter. During this one night Mr. Low sent for men to see me alone in th:e office. He told me lie was a friend of mine and that the native's were giving everything away, and that they had evidence to convict everyone that was there and he thought best for me to lenave and go iaway, it would be only for a short w'hile. I thonght oveer the matter quickly, and told 'him, which he did, to telephone to Mr. Jorhn Nott, my fatheir-'in-law, to' come at 6:30 A. M. next day, also for Mr. Neumann at 8 A. M. to consult over the matter. Mr. Nott camle and advised me to go, as my wife and children were very sick and worrying over my imprisoinmen!t. I said I would not conclude, tol leave till I 'had seen Mr. Neumann. In the meantime Mr. Nott saw my wife and asked her tol write mle a letter as he could not get me to agree to go. I afterwards saw Mr. Neumann and he advised me it would be best for nme under the circumstances, as he could not tell hlow long they would keep me waiting trial. After which Mr. Low sent for me and told me the Marshal wanted 'an interview with me. The Marshal told me that I had enemies here and that if I went away it would not be very long before we had annexation here and could return. THe showed me a form o'f 'agreement, the time of leaving was by the S. S. Australia. I tolld him that I wanted time to close up my business, etc., and 'that I would leave about March 4th on the "Miowera" for Vancouver. He s:aid he woulld 'have it altered and be back again in the afternoon lat 4 p. M. and that I would share my liberty. In the afternooin the Marshal came and I had a private interview with 'him, Mr. Low leaving the room, who was afterwards called to witness my signature to the form. He gave me one of the formsl to sign and in reading over the same I recognized that additions had been made that were not on the,one previously shown, that I agreed to sign. In the first one shown there was nothing in regard to complicity in anyway whatever, the oine signed read as follows as near as I can recollect: I, Frederick Harrison, having been 14 CLAIMS OF BRITISH SUBJECTS. detained in Oahu Prison for complicity in the insurrection against the Hawaiian Government, agree to leave the country by the steamer "Mio'wera" about March 4th, during my life time never to return unless by permission of the Minister of Foreign Affairs and approved by!the Marshal. The Marshal then called Mr. Low tol witness my signature to, tlhe same. * * * * [Enclosure 8.] Statement of C. W. Ashford, sworn to befo;re Thomas Rain Walker, H. B. M.'s Vice-Consul, at Honolulu;on 4th day of March, 1895. CAPTAIN A. G. S. HAWES, Her Britannic Majesty's Commissioner and Consul-General to Hawcaii, Honolulu, H. I. SIR: —I have the honor to represent to yolu the facts here following: * * * * — * * * * *The Hawaiian molnarchy, having been succeeded by a Provisional (CGovernment, which in turn gave place in July, 1894, to, the Republic of Hawaii, there occurred in Honolulu, on the 6th day of January, 1895, a riot or insurrection against the authority of the Republic which'was noit entirely suppressed for several days following. That neither my brother nor myself participated, or was in anywise concerned in the said riot, or in the plolt or plan of the same. Yet despite our innocence of any complicity therein, we were by order of the government, and without warrant from any court or magistrate, arrested, at our respective homes, on Tuesday, January 8th last, and thrust into prison, and from thence to the present time neither of us has been Charged or arraigned before any civil court in respect of the cause or causes lof 'such imprisonment. On January 24th, after 16 days impris!oinment, I was ordered, into solitary confinement, and so, held for 31 days, until the end' of my imprisonment. Owing to the leniency of the jailor, Mr. Low, and his desire toi mitigate as much as possible the severity of his orders in my case, I was furnished with a light and airy room and was otherwise comfortably attended; but the prohibition of intercourse with others, continued during that period, began to so far' affect my mind and memory as to awaken my earnest solicitude for my mental health, and as 'an important factor in bringing me to accept the terms of release offered me by the government, 'hereinafter referred to. The reason of my segregation from others was never explained CLAIMS OF BRITISHI SUBJECTS. 15 to me. From first to, last I was noit served with any charges or specifications of any accusation against me, nor do IYknow to this date for what offence I was imprisoned, this being left entirely to conjecture. Uplon the arrest of my brother and myself, we olbtained audience of the Attorney-General, (who was in charge of the matters pertaining to arrests) and we were by him informed that we were arrested for conspiracy. In description of our several offences the Attorney-General accused us of having each attended a meeting of conspirators, but which meetings were never attended by eitl:er' of us,, nor to the best of my belief, have the meetings ever been held as alleged. We have not since heard of those alleged meetings, but, on the contrary, are credibly informed that the 'officers of government, for some weeks after our arrest, confessed to our friends that they had no sufficient evidence to justify placing either of us on trial. But after the creation o'f the military commissdion, pressure and pr'omises were brought to, bear upon rioters by the goivernmnnt, to obtain evidence against white men suspected and hated by the government, my brother and myself included. The record,of evidence in my brother's case will show 'that Nowlein denied having been so influenced, but his release from custody and departure folr another island of this group since theln is eloquent in contradiction of his assertion. By this means the government secured such evidence as they prlesented against my brother and their efforts is that direction both as to, my brother and myself were unceasingly exerted on all h'ands. Thus, for example, a BritisFh subject named Charles E. Dunwell, was thrust into prisoin without aTny charge against him (as I understand) and he was to the knowledge of myself and many other inmates of the prison, brutally confined in the dark cell of the jail for ma;ny hours, for the purpose, a,s stalted to him by the Marslhal and others, of extorting from him some evidence against my brother. For proof of this fact I respectfully refer you 'to Dunwell's statement, as furnished to' you. The government sent to Hilo, 250 miles, arrested a British subject named F. M. Wakefield (a practicing attorney), charged hlim with treason, gave him solitary confinement f'or 48 hours, and brought him to, Honolulu in order to extort from him evidence against me, a course followed presunmably because Mr. Wakefield had formerly been for s!everal months in my office, and was my confidential friend. Numerous Hlawaiians, supposed by the government to, be in my confidence, were imprisoned for weeks in the effort to extort from -them evidence damnaging me, but all to the best of my knowledge, without success. My office clerk, a young Chinaman, versed in,several languages and for years acquainted with my mode of life,, was arrested and placed in la dark cell of 'the Statioln House, in an unsuccessful effort in the same direction land he 16 16 ~~CLAIMS OF BRITISH SUBJEC(TS. and wif e we're Visited by the inquisitors of t;he~ government and cajoled and threatened, with the same object. In ~co~nsequ~enc~e particularly of my -apprehension thusreasonably excited, of the results to. expected from a, trial by an illegal military commission before whomn innocence, is no defense, and partially because oaf the necessities of my business and my family interests, that I should obtain reirase from imprisonment, and 'also in part, because of the treatm~ent injury to mny me~ntal 'health in case ~of my longer restraint under the existing conditions of solitary confinemient, I 'accepted, on February 23rd last, the propo-sitioan of the government to releais~e me, frolm prison on condition. th~at I slhould agree, to leave'the country not to return until the Minister, of Foreign Affairs,-, withi the approval of the Mars~hal (a. subordinate officer, in cha-rge of the police) should consent to. Such return. I sign~ed anagreement to, that effect, not in anywise, admitting,any compli'city in the riot or guilt 'of 'any other offence, and signed it under duress,, als a mean of escap)ing from a most arbitrary, unjust, an'd illcgal imprisonment. I was. further impelled to that step by the information -that -the Marshal had openly boasted, sooon after my arrest, that I should ne~ver 'again be allowed to practice law in Hawaii, and in -view of my reluc.tance, to re-embark in controversies withi the of'ficers, of the go~ver-nment which I was convinced their, unscrupulous and malignant characters would force upon me 'in case I should remain in Honolulu and continued in legal practice. In othier w'ords thie perse~cutlion's to, Whichr I h~ad been subjected, and which were threatened f'or the future, not only 'by'the, express words 'of the, Mjarshal, but by thos~e of other partizens of the government, -bro~ught~ to, my notice, co'upled with the, excited state 'of feeling against -all who, declined sub se~rvient submission to the pretentious of -the, dominan't faction, convinced me that the prudent thing for, 'e was, to, accept government's offer of liberty, 'and withdraw temporarily froml this stage. of action, until the flames of Irate,'and prejudice, shall have time to, sub~side.~ I protest, however, 'and submit that it amounts in effoart, to. my deportation from the country, against my will, and without pr'ocess, 'of law, or any legal warrant, 'and I further protest and allege that I' propose. to carry, oult my 'agreeniuent to, l'eave thie country' merely as means of a~voiding ohr results at the hands of. the' government, equally unut and ilIeg~a Iand. more, s~:erious to. my. health, my liberty and my estate.~~~~~~~~~~~ * * * * - ~ * * (Sign,d) CLARENCE W. AsHFoRD. CLAIMS OF BRITISH SUBJECT'S. 17 [Enclosure 9.] Statement of G. Carson Kenyon, sworn 'to before Thos. Rain Walker, H. B. M. Vice-Consul at Honolulu, on 19th dav of March, 1895. About 8 o'clock in the evening lof January 12th, as I was proceeding peacefully about my business down Fort street, I was arrelsted by two offic(ers, one armed with, a rifle. Their names were Albert Mc('iurn and Aleck George. I was taken to the Stat.ion House and searched and my keys, watch, chain 'and pendants, knife, lead p)encil, money and papers were taken fromn me, my pipe and tobacco and ma:tches were left on me as well aei mly card case whic'h escaped their notice. I was then hustled down into the yard of the Police Station and put into a, cell. Tiere was only a. hxard wood bench in the cell, nothing else-. A blanklet wa's thllrusit in through the window to me.. I requested to send tliree messages. The mnan who,(. thrust the blanklet in said I could:hamvl\ noi paper olr writing nmaterial, but tlh at they would a1ttend to the, mnessages themiselves. I told hinl I wishled w(nord sent to my aunt, Miss M. F. Agnew, with whom(. I Ireside, that a.sl she was a.lone in the honuse and my nonrletur'n tfl'halt nlight would( c(aulse l(he' anxiety, my wmhereabouts and my arres;t might be, told her, anld also to my employer, D. Logan, editor of the "Bulletin" and also that I wished to see t e::ritish (Conmmissioner. He said those things would be attended to, but I afterwards learned they were noAt. About ten minutes afterwards I wa's taken out of that cell and put into another wherein werel two thalf-whitesh named George MAtarlkhalam and HII. S. Swinton and a dirty rep)ulsive whiitemlan usua..lly styled \lablala, Mitchello. Hlerle I lspent tlat night lying down in my (clothes a's I had no, c(hange of gariments olr night (clothes wies wit'eh e wlen arrlestedl. Tlhe followiinng day, Sunday thte 1:'th, I spten:t in thallt (cell only being allowed out folr }puI"pose of nature rand tllen with l a guard at my heels all the ti'lme till I returned to -rmy cell and the, door was, locked. Swinton. wasr treated in the same manner, buit Markham and Mitchlell we're allowed out freely art their own requests as often a:s tlhev liked and were not fol'lowed abholut. Some of the native prisoners told me 1t'hat they believed theese men to, be government spies, merely arrested and put into, cells with other people for the pu:pose of eliciting incriminating facts from those (confined with them that w'as also my own opinion based on knowledge. Du.ring the morning Stwinton was taken from the cell. On his return in about two hou-rs he told me he had been up-stairs in thel Marshal's office whtere 'his alleged connection with the revolution was investigated and his statement put down in written form by Chief Justice A. F. Judd. About 3:45 P. m. I was taken out of the cell. I thought it was for investigation, but T was told I was to go over with 2. ' 18 CLAIMS OF BRITISH SUBJECTS. others to the jail I was then handcuffed to T. B. Walker, the turnkey saying to me, "I am sorry to do this, but it is my orders and I will handcuff you and Walker together as, you are the only two white men," I replied, "If it is your duty, you must do it." Shortly after we were marched on foot thus handcuffed two and two through the streets crowded with spectators. There were about thirty of us altogether. The rest being natives or half-white, we were in charge of armed guards carrying magazine rifles and wearing cartridge belts. On our arrival at the jail we were released from the handcuffs (being about 5 P. M.), and ordered to give up any knives, papers, matches, and writing material, we might have but not personally sear!ched, Walker and I were then to 'have some food, and then placed togetherl in a cell oni the ground floor, where a hammock and a blanket were given me. A bucket with a wooden cover was the only olther furniture of the cell. The door was locked on us about 5:30 P. M. and not opened until about 8 o'clock the next morning when we were allowed out to breakfast and returned to the cell in an hour, allowed out again the same afternoon for supper and that night we were shifted into a different cell. The cells are about seven by five feet and nine feet high. I was altogether in seven. different cells during.the time I was in jail. Sharing them respectively with T. B. Walker, C. Dunwell and E. B. Thomas. Our 'hours in the, cells were excessive, being confined in that small space more than twenty out of the twenty-fiour hours, and at first being from 5:30 P. M. coninuously to 9'o'clock the following morning, then. from 2:30 p. M. to 4:30 P...our food ' was 'of poor quality aind badly coooked and at times insufficient to me'et the demands of ordinary appetite. No reading was possible in the cells except 'after 7:30 A. M. and before 5:30 P. M. owiiig 'to want of light. The' stench from the bucket in the cell was at all times bad and sometimes insufferable. The guards and jailor's were civil enough to me, as far as the regulatioins permitted. On the mloirning following my arrival in' the jail I asked tol be allowed to write to the.British Colmnissioner. I was refused, bu't Jailor-Low told me he would telephone my request, but no message was sent to him. A week later or so I was allowed to see the Commissioner who visited the prison. In course of time as with other prisoners in the same gang with me offers were made and influence brought to bear on my aunt to induce me to sign tha;t I was guilty of complicity in the rebellion and would leave the country if given my liberty., These offers were not made to me personally by any official of the jail, police or military, but 'as in the case of others first from T. B. Walker after 'his conviction (as he stated by the authority of the Mars'hal aind Judge Advocate Kinney) and then through.each of ithe others who, signed the document and CLA.IMS OF BRITISH SUBJECTS. 1 19 then fo~r our Ja~ilo~r Low to, my aunt, Miss Agnew, telling her if I didn't sign I would get sur~ely three or five year imprision men~t at hard laboir. I spurned all these offer's and the. accompanying threats of imprisonment with indignation ais I had no, part in or, knowledge of the, attempt at revolution prior to its outbreak. On the 25th of February, I was told I1 was relea~sed. I asked Mr. Low "What for?" Hie replied, "I d~on't kno~w. I was telepho~ned to, discharge you so I have, no further authority to hold you."1 I am a British subject by birth an~ parentage and am duly registered 'as such in both the Vice-Colnsulate a~nd ConEsulateGenerail in J-on~olulu. I hold letters of denization from the laite king and from the Repu blic of Hawaii. I held w~hen arrested oin the 12th of January a, pass writ ten in his own hand writing by Marshal Hitchicocek under the authoirity of Martial Law empowering me to go, anywhere by day'o~r night- g~ood till the 15th Janua~ry. NNo explanation was o~r has been made, to me why or what offense I was arrested, no, explanation g~ixen of my deprivation of liberty frome the 12th Janua~ry to, the 25th of February, arid I have never been exaimined in~terrPo~g~a~t( o~r cross-qet -eddring thait time and I 'have never been brought bef ore any tribunal-competent or othierwise-f or (any offense. My 'h~ouse was searched twice in one day durii g my enmforceed detention in jail and my aunt-the only reliatiye. I have oln these islands —brutally assaulted without cause, by an employer of the, government while, on her, o'wn fee, simple premises while I wals in jail una~ble to, defend her,. I have lolst my elunploymnent through my abse-nce from work while I was in ja~il and 'other injuries, small but 'annoying have happened from the same cause. My letters we-re, -taken from the Postofflee without,my consent during my incarceration and opened and s~o a, knowledge of my private affairs giv'en to the, Marshal1 and his subordinates without my cons~ent. (Signed).G. CARSON KENYON. Signed a-nd 'sworn to -at Honolulu this 19th day of March, 1895, before me. (Signed) THmOMiA5 RAIN WALKER. Briti~sl Vice-Consul. [Enclosure 10] Statement of Edward Bedford Thomas, sworn tol before Thos. Rain Walker, H. B. M. Vice-Consul at Honolulu, on 8t`4 day of April., 1-895. On January 7th, 1895, 'in consequence of a revolutionary uprising of armed Hawaiians under twoi half-white~s, Saniluel INowlein and Robert W. Wilcox, Presidient Sa~nf ord B. Dole sus 20 CLAIMS OF BRITISH SUBJECTS. pended the writ of halbeas cio~rpus and proclaimed martial law on the Island of Oahu. On that same afternoon:and within a few hours after thee -issue of such proclamation while I wa~s laying down on my bed in my cottage in the rear of 'my business orffice oln the corner o'f King and Smith stre~ets, ilonolulul, 11 heard the voices of strnangers,, and ablout 3:45 P. M. three strange men, armed with magazine rifles, came 'to my door and said to me that, the Ma~rshal wanted me at the, Station House. The men could not have been long residents, in the country as I knew not one of them. We went together and as,.., I entered the Stalt'ion House I was told to, throw np my arms to, be s;earched. I o'bjected and said I wish to know what I was arres-ted for. They t-old me for conspiracy; sO I subiuitted to' being searched and they placed mue in the yard among other prisoners and ii abkout twenty minuites after they marched mne off in company with abto~ut twenty others, 'escorted by armed guard to OaCihu 1Prison. 'With eighteen years' experience in this city I must say, that, with few exceptions -this &trmed guard appe'ared to, be composed of the lowest chlaracters in the city. We arrived at Oahu Pris.on abouit ',half pxtast four o'clock and after behing sea srched, I wais, pul into a cell. I was given ua sailor's hiammock (no, bed) atnd a Iblanket (which was so, full of 'holes thaat 'it put me in m1imid of a fis'hermna-4's niet), a can o'f tea, and two hard biscuits. 'We were loclked up, from 'the time, we, ente-red um til 1:30) r. M. the followino' dayv. In thee cell, whicbh I occup)ied,'the'y 'also locked up 1l1ariy -von Wer\thern. When we two, were, lo~cked up in the (eli, which was 'about five feeit wide and sevexin feet long, an open bucket was also plaeed in with us as ' the only receptacle to be used for' purposes of naurle during that twenty-one h-ours' c~onijfintcement ini that small cell, and this wheT n necessa-ry w~e- had to carry out ourselves. In the' ollrnin~g another can. of tea, without miilk and tw-o~:ship bisenits apiece' were br~ought to us for, brieakfast. About 1:30 P. M. -we were allowed out until f3 I'. v. an'd,aga~in later for another hiour. We were a-gain lock-ed np at f4:30 mp. ii. and remained in tlie, cell a: -l-before till -2:30 I.r. 2U."the following day. After that we were allowed out three timi-es a 'day for meals and exerc::ise, never exceeding a, toltal of font hours, in the twenty-four hourt's. After 'thus being;deprived o;,f liberty for, about three weeks, I1 was tappr:oached by T. B. Walker, British born bitt an Amnerican clitizen, who had'pleaded guilty to, a charge of trealsoan before' the Clto-urt Martial with a proposition, that, if I would confess myself, guilty of complicity in the rcevolution and leave the country, I would be given my liberty to leave. He told me, he w'as spedally sent by the Marshal and Judge Advocate, Kinney to make this.- proplosition to me and others. I contemptuously rejected the proposition. Some week's afterwards Mr. Tietjens, my book-keeper, made the same proposition to, me amd strobngly CLAIMS OF BRITISH SUBJECTS. 21 urged my acceptance of it but I again refused. Some days later Mr. Kinney personally urged me to do the same, having taken me for a private interview tlo the top of the battlements of the prison, for about an hour and a half telling me that it was a chance for me to get away and if I did not, I woiuld get five years on the reef. Mr. Low, the chief jailor, 'also told me, that, if I did not sign to go away, the least I wiould get, would be five years imprisonment and that none of tholse in prison under arrest would get off unless they signed. I refused all these offers and scorned these threats las I was innocent and would nolt sign a lying document confessing my guilt. My business and private letters, were all opened before I received them and my foreign mail delayed in its delivery. On the evening of the 1st of March, thirty-four days of imprisonment, Miarshal Hitchco'ck came to the prison and sent for me. He told me he had an order for my release but thiat I could be re-arrested at any time and that one of the conditions, I was released on was to report daily at the Station House. I refused to leave with any conditions as I would be di.scharged as an innocent and 'a free man or I would stay there till tried. After a long argument I was released at half past six that evening without trial and without any conditions being imposied on. me. (Signed) E. B. THOMAS. ilMr. lHatch to iMr. Ha7wcs. DEPARTMENT OF FOREIGN AFFAIRS, fonolulu, H. I., August 28th, 1895. SIR: —I have the honor to acknowledge the receipt o f your despatch of August 26th informing me tf:ait Her Majesty's Government have had under their consideration, in communication with the law officlers of the C(ro'wn the proceedings of the Hawaiian Governmen't against British subjects for complicity in the recent rising in cases where the persons in question have suffered arrest and detention under the powers conferred on the Executive by the proclamation of Martial Law without having been brought to trial and enclosing extracts from sworn statements made on the subject by James Brown, Lewis J. Levey, M. C. Bailey, F. H. Redward, Thomas W. Rawlins', Arthur McDowall, F. Harrison, C. W. Ashford, 22 CLAIMS OF BRITISH SUBJECTS. G. Carson Kenyon, Edward B. Thomas, and informing me of the desire of Her Majesty's Government to be acquainted with the contention of the Hawaiian Government, as to the cause of the arrest in these instances and the reported vigorous treatment, and generally as to the rights' and wrongs of the proceedings,. I have the honor to inform you, that the matter will receive the immediate attention of this Government, and a detailed statement in regard to the above named cases will be made to you at the earliest practicable moment. In regard to James Brown, I desire too state to, you, at this time, that I lam informed by the Attorney-General, that this James Brown was born in Honolulu where he has resided all, his life excepting such time. as he was, in California in 1895, that his father Edward Brown was domiciled in this country where he carried on business to the time of his death; that Jameis Brown has never lived in, or visited any British territory, that 'he has accepted the privileges of Hawaiian citizenship by registering and voting as, such. Under these circumstances jurisdiction over him must be claimed by this government. I beg to inquire if the above facts are admitted by Brown, or if evidence is desired upon them. At your request, a short time since I caused the records of naturalization to be examined to a!scertain if Ja:s. Brown's name appeared there. No, record was, found as I informed you. The fact of Hawaiian birth was not within the knowl-:' edge of this office at that time, and has since been ascertained by report from the Attorney-General's Department. For your informaition and as throwing some light upon the,position which James Brown should be held to occupy in this matter, I enclose a copy of letter addressed by him to this Department requesfing permission to return to Hawaii and on which his return was allowed. I have the honor, etc. FRANCIS M. HATCH. [Enclosure.] San Francisco, al., April Ist, 1895. To HIS EXCELLENCY FRANCIS VI. HATCH, Minister of Foreign Affairs, Honolulu, H. I. DEAR SIR: -Possibly enough time has not yet elapsed to allow of my return to Honolulu, but after several interviews with Consul Wildeer and h Kinney, and upon their sug CLAIMS OF BRITISH SUBJECTS. 23 gestions I have decided tol ask Your Excellency for permission to return,home. My past record or behaviolur is the cause of my present position, my past associates I now fully realize ha!s caused me to be classed as one opposed to the present government, if such be the case I can only say that I am exceedingly sorry for my past actions, but if allowed to return home I can assure you that henceforth my behaviour shall be that not even suspicion can be held out against me. I am ready land willing Ito take the oath upon my return,,and will at all times oppose any faction or party that tends to threaten the peace of the co-mmunity. I have now been away from Honolulu five weeks, during which time I have had ample opportunity to realize that my present condition has been brought about by my 'own shiftless conduct. I hlold no, ill feeling against the present government whatever for their treatment towards me, but on the other hand I feel that by their acts they have taught me a lesson which I trust will make me a better man. I am virtually without means, with no prospects in view. I have only been',here four weeks, but it is long enough for me to realize that I have in the past made a fool of myself. I can.now only ask that!my past record be blotted out and that I may have the opportunity to redeem myself. Trusting th'at you will see your way clear to allow me to return by the return "Australia" and again assuring you of my desire to redeem myself. I beg to remain, Yours most respectfully, (Sig.).JAMES BROWN. Mr. Htawes to Mr. Hatch. BRITISH CONSULATE GENERAL, Honolulu, August 30th, 1895. SIR:-I have the honor to acknowledge the receipt of your despatch of the 28th instant and in reply have the honor to state that I am unable on my &wn authority to accept the claim made by your government to "jurisdiction" over James Brown if I am to understand by that term that yoou claim him to be a Hawaiian citizen. My instructions on the question of children born abroad of British subjects are very clear. Those children are entitled to claim British nationality. They may however at the age of 21 years make a declaration of alienage and from and after the making o'f such declaration they cease to be British subjects. With some countries special agreements have been made; 24 CLAIMS OF BRITISH SUBJECTS. in French territory, for example, a child born of Britisah parents is bound at the age of 21 years to decide whether he will take his British nationality, and failing to do, so irrevocably Ibecomes a French citizen, but as far as I am aware no agreement has been entered into, between the British and Hawaiian Governments on this particular point of nationality, and I shall therefore refer the matter to myn government for their decision. The particulars stated in your despatch in regard to the birth, residence here, etc., of James Brown, and of his having registered and voted aree all admitted by him. ' With regard to the letter addressed tol the Foreign Department of your gover.nment by J(amues Brown, copy of which you enclosed, 'have the honor to state that it appears to me to be a clear admission of guilt on his part. I shall report the matter to my government, and in the meantime I beg you will consider his name removed from the lilst I forwarded to you on the 26th instant. I have, etc. A. G. S. HAwES. Mll. Hazces to Mr. Hatch. BRITrrIStH CONSULATE GENERAL, Honolulu, September 9th, 1895. SIr: —With reference to, my despatch to you of tie 26th of August last expres:sing the desire of Her Majesty's Government to bec acquainted witih the contention of the Hawaiian Government as to the cause of arrest and reported vigorous treatment shown to certain British subjects who suffered arrest and detention in prison without having been brought to trial during the recent of Martial law I have the honor to enclose an extract from a sworn statement made by W. F. Reynolds, a, British subject, and to ask you to be pleased to add his name to the list of those already sent folr the consideration of your government. I have, etc. A. G. S. HAWES. [Enclosure.] Honolulu, June 28th, 1895. To A. G. S. HAWES, ESQ., Her Britannic Majesty's Commissioner and Consul-General. SiR:-I beg to lay before you the following statement: On Thursday, the 17th of January, however, immediately CLAIMS OF BRITISH SU'BJECTS. 2 25 after lunch at 1:15 P~. M. the Deputy Marshal entered my store and walking to my o~ffic-e said, "Mr. Reynolds, I ami instructed by the Mar~sha.l to' arrest you for treason." I replied. interrogatively "For treason!" and he Said, "Yes," I asked for a few minutes' time to, arrange, with my clerks a,,nd was taken to, the Police Station where 1 was se~arched like a, common felon, and with the remiark "Go, bel~ow," I was in jail. There I remained without warrant and without specificationi of chavrges for six weeks les~s one day. My release waseqal a~s peculiar, as my arrest; the Mai.,Ehal. merely care, to the, jail on Wednesday, the 27th of February, ~and calling inc to -the o~ffict, remarked, "Mr. Reynolds, I amn instructed to give you your liberty, but be guarded in your speech as exclitemient still prevails." My incarceratioll was. s-imply atroc(-i~ous, 'after I was searched, I wa~s sent into, an enclos-ed yard where I remtained until night, when I was lock-ed up in a cell with coniumon drunks, C'hinese, Portugue,-re anid ~Japanese; on protesting against such an indignity I wa's later removed to more, comfortable. (?) quarters. For four weeks I1 remtaiined in the Station House, anld during the last two! weeks I slept bet-ween two~ men who, w~ere furnishing inforination to the gover~nment lagainst persons who! had been arpreste(I without, suffhcient e —vide~nce to, convict. After this I. was sent to' the "reef, as the, jail is called, for Iwo weetcs. There I. was locked in a, cell five by e'ight feet, f~or fourteen c~ous,,,ec(-u'tive hours,,, with, for a, compainion during the night, a pail which wa~s my utrinal anid closet. Out of twentyfour houllus, t-wellty were so~litary confin~em~ent with no. one to spe-ak tfo during my -Imprisonmnent. All1 my pi)vate 'and business,, coarrespondence, wa~s opened by persons who,, though holding official positions, yet were more, or less' competitors against ine in business, which in itself was a shameful and unwarrantable, fivas*o~n of my private rights. On one, o~ccasion, 'after being confined for some t'hree we~eks, 1 saw tire Judge Advoca~te, of the Military Comimission and asked hili whene I,-hould be, brought 'to trial as it was an outrage tol keep, mie there, away from mv~ business at great lo~ss to myself, when I knew that'it was next to, ilipossible, to, find one scintilla, of evidence, agalinst me. For satisfaction I wa~s informied that'they were, doing the best they could. I -have n~ot be-en guilty o~f any one act that could be, by the widest stretch of imagin~atio~n, (on Kd-e-red treasonable. I remain, etc. (Signed) W. F. REYNOLDS. Signed -and sworn 'to at -the IBritis'h Vice-Consuliate Honolulu, this 28th day of June, A.. D. 1-895, b'ef ore me. (Signed) THOMAS RAIN WYALKER. 26 CLAIMS OF BRITISH SUBJECTS. Mr. Hatch to Mr. HaweS. DEPARTMENT OF FOREIGN AFFAIRS, November 4th, 5. SIR:-In further reply to you despatch of August 26th ult, informing'me of the desire of Her Majesty's Government to be made acquainted with the contention of the Hawaiian Government as to the cause of arrest and reported vigorous treatment of certain British subjects and generally las to, the rights and wrongs of the proceedings taken in connection therewith, I have the honor to lay before you the following,affidavits: In the case of F. W. Harrison: Affidavit of E. G. Hitchcock with exhibits A, B, 0, D, E. " J. A. Low, L" "Vr. A. A. Kinney with exhibit F. In the case of E. B. Thomas: Affidavit of Capt. Kaai, " " J. L. Osmer, " " B. Fennermnann, " " William Hicky, " " Charles F. Day, " "'Wm. Davis, c" " A. D. McEvoy, " Thomas Black, " F. J. Macdonald, " " Peter Higgins, " " M. Davis, " " E. G. Hitchcock, '" " A. M. Brown, " " James A. Low. In the case of Arthur McDowall: Affidavit of E. G. Hitchcock with exhibits A, B, C, D. " "' W. A. Kinney, " " Tihomas Black, " James Donnelly, u" " A. D. McEvoy, " W. H. Smith, and further affidavit of W. A. Kinney with exhibits A, B, C. In the case of C. W. Ashford: Affidavit of E. G. Hitchcock with exhibit A, " James A. Low, c " M. M. Scott, " W. A. Kinney with exhibits A, B, C, D, E, F, G. CLAIMS OF BRITISH SUBJECTS. 2 27 In the ca~se of F. H. Redward: Affidavit of E. G. Hitchcock, " "W. A. Kinnrey with exhibits A, B, C, D, E. Th~oma~s Black, A. D. McEvoy, James Car-ty. In the case of W. F. Reynolds: Affidavit of WV. A. Kinney with exhibits A, B, C, D, E, F. In the ca-se of T. XV. Rawvlins:Affidavit of E. G-. Hitchcock, " W. A. Kinney, " James A. Low. In the case of G-. Clarson Kenyon: Affidavit -of E. 0-. Hitchcock, Jame~s A. Low, J. 0-. M. She~ldion, W. L. W~ilcox, W. A. Kinney. In the case, of L. J. Levey: Affidavit iof. E. 0-. Hitchcocek, W. A. Kinney with exhibit A, W. Da~vis, J. McLain, J. A. Low. In the case of M. C. Bailey: Affida~vit of W. A. Kinney, E. 0-. Hitchcock, " "James A. Low. To be able to form a just conclusion as to. the "rights and wrongs" of the proceiedings in question it is necessary to view the situa~tion o~f this. community at and immediately proceeding-the outbreak of January last. *During all. of the, previous year, persistent attempts had been made by a. cla-ss, of foreigners domiciled 'here. t~o excite am~ong native Hawaiians feelings of race, prejudice, and animosity a id to. urge them -on to, ac~ts of lawlessness and violence. Both in certain newspapers and in open clonversati~on upon the sltree~ts time attaceks made upon 'the Government were bitter and persistent. The who~le. tendency was toward insurrection. A cons~pira~cy to, overturn time Gove-rnment was formed. Arms were introduced frolmabirolad and s~ecretly landed. And finally in January last the plolt culminated in open. rebellion. The extent of the conspiracy was unknown. At the time, the occasion appea-re~d critical in the. extrem~e. 28 28 ~~~CLAIMS OF BRITISHl SUBJECTS. The danger that the unorganized -and undisciplined mo~b in the field migh~t be Joined by such a mnob in the town as a somewhat cosmopohitan seaport affords was not fanciful.. Subsequ~en~t devel~opments pro~ved that exiactly that plan wais under contempla~tion and a, quantity of revolvers, had been illicitly introduced into, the country -and circul~ated 'among that class, it being considered that revolvers were- the most effectual1 weal)ons a, mob could be armed with. If 'the plan had 'succeeceded, no: man can say what the limit of the exc-esses wo-uld have been. Thip question presented was no~t one of politics, but a, much more serious on~e of protecting life and property. It happened that no, national vessel. of a~ny power was in plort at the tlime which could serve as a. place- of` refuge for the unprotected. Under -such circumstances this (~o~vernmen t clai me(I and n-ow cl~aimis the mo'st unqualified right tootake 'such mea-sures. as at the time mighlt s-eem necessary to preserve. the, peaces. WhTl~atever may be the outcome of the, recent Political devel'opments in this archipela-go,, it was the determination of the committee ~of citizens who assumed the government -at a, period ofanarchy that p~ubli~c ord~er, should be.. maintained 'at a~ny c~ost. In this effort the government confidently explects the sympathy and if necessary th~e, assistance 'of the great powers whose interests are repre-sented here by so m-rany citizens:and by- so, much property. The insurrection passed beyond the power of the, civil. authorities 't~o control. Mar-ti-al law was declared, 'and was in force durihg the wh~ole Period 'of the, detention iof the complainants. The following extract from 'the decison of the $Supreine court of Ithis country in a. case entitled "In t~he matter of Jonah C. Kal'aniana~ole, Petition for, writ of Habeasg Corpus," M'ay Term, 189.5, clearly sh~ows the condition of the country during the period in question. "On the evening of the 6th of January 'last an insurrection "broke out in the suburbs ~of Hono~lulu, 'the obj ect'owhc "~was'the 'ov'erthrow of -the Republic and t~he restoration of the "Mona~rchy. The fujll extent of 'the conspiracy is. unkno~wn, ",but it was carefully planned and was-evidently deemed by "its leaders -to be -sufficient in numbers'and equipment for the "~successful acc~omplishment'o'f its purpoise's. Its numbers un",doub~tedly ran in-to' hundreds,and included th'e ex-Queen and ",other promin'ent personsl of various nationalities. The equip"ment consisted chiefly of 288,rifles and 30 revolvers, imported "Secretly fromn San Francisc~o,, besides bombs manufactured4 "'and firearms collected here. 'The community wais at once "thrown in-to, great uncertainty;and,excitement. Ordinary "busines~s ceased, the courts 'were clo'sed. In addition to 't'he "~regular and volunteer forces, nearly all of the more prominent "'residents were engaged in active military and police service CLAIMS OF BRITISH SUBJECTS. ~29 '"as Citizens' Gutards, day and night. Engagements took place "between the Government forcees and the insurgents on Sun"day, the G6th, and on Monday and Wednesday following, mlost"ly at long range, and with but little loss, the w~ouinded numn"bering five, and the killed three, one of whom was shot by "mistake. On the 14th, the. eigbhth day 'after the, outbreak, the "principal leaders were captured, and on the 17th, -the eleventh "day 'after the outbreak, 'the last of the leaders was taken; "soine subordinates were not captured until later still. In "the course of ~a week or so 'after the uprisqing, residents not "engaged in the regular forces returned to their various or"dinary pursuits. The courts, however, wer~e not so, soon re"stored to t'he unobstructed exercilse of their jurisdiction. The "Circuit C(ourt lof the First C:ircuit, for instance,, which is the "court of general originual jurisdiction for the Island of Oahu, "and in which cases of treason and mis prison of treason aris"ing on this Island would or-dinarily be tried, did little busi"'ness of any kind and held no trials (indeed, no, jury was sum"m-toned), as it would, but for the insurrection, have done at the "r~i.,egulaur term. which byr law sho~uld 'have. been'held during the "four weeks beginning February 4th and ending March 2nd. "Onl the 'morninlg after the oultbreak, the 7th of January, the "TPresident, by proclamtation, suspended the privilege of the "'writ of — ha1beas corpums and lhlaced the Island of Oahu under "Martial. law, to continue until, further, notice, during which "tin e, howeWverS, the courfti-s werle to coonnduct ordinary business "as usuial, iexcept as (afore;,said. The petitioner was arrested "on the 8th 'of January. On the 16th ', by a special order of the "President as Commander-in-chief, a Military Commission was "ordered to meet on thle 17th 'and thereafter, from. day to, day "for t ie1 trial of such prisonerss as might be brought before "it. ')o charges and specificationsto be, presented by the Judge "A dvotcate. Nea rly two hundred prisonerss were tried by this "Comn0lmissi-,,1on 'o8 n charges of treaSO.an and mis'prison of trelasnon. The Colmmission1 practically completed its "lalbsor in the elarly part of March, anidon'the 18th, by pro~cla"m'ation of thie President, the privilege of the writ of 'habeas "corpuls.s was,,~ restored 'and Martal law f erminated."1 The mnatter o'f inquiry divides. itself into t'hre-e branncthees:.A —Th e arrest, ii The detention, C ---The treatment, -The stipulation tocleave the, country. A-TilE ARREST. The copies of affidavits filed herewith show, I submit, that 'the Marshlal, 'then acting as a Provoast Marshal, had not only reasonable and probable clause to make the arrests, but that the grouinds fo~r belief that these, men were engaged in the 30 30 ~~CLAIMS OF BRITSH SUBJECTS.' conspiracy, were so, strong it would have, been a, gross breach of duty on his part to have left them at large. It must be lZept in view that at the time of thtese arrests. the extent of the conspiracy was not at aill defined; nor to this day has, it been fully ascertained. In no case was the arrest without caulse or with-.out some distinct information laid before, the Marshal. The right however to arrest on suspicion of felony cannot be questioned. Even at common law and under peace conditions such an 'arrest would be fully j ustified. The Marshal acted on three sources of info~rmation, all of which were combined in many of the causes: 1. Repo~rts of special officer's, 2. 'The public declarations and acts of the parties, 3. His QjTH knowledge. Without discussing in detail the testimony submitted, pa-rts 'of which are the o~rig~in-al state-meniits;,. made, at th~e time to the Marshal which have been offered without revision; it may be pointed out that the evidence was of such a, nature as to cause the Marshal to, believe it; and that he dlid believe, it and acted 'in the utmoist go~od faith 'in the whole, proceeding cannot be (luestioned. Another observation that may be made is, that the persons in question have no jus~t cause of complaint that the M(arshal took thiem~ a't their word. For nmo're( than a year thes~e men had' been talking sedition in the mnost open manner. The, unrestrained 'license of 'attack indulgled 'in 'by them is something to whiclh nol governmen'tis b ound to submit. It is no't tolerated in other countries. It is not -a -thing, which an'alie~n can indulge in, as a matter of right, with impunity, relying upon the interference of his own government to; protect him if called to account. The utterance~sat the, public 'niee'ting on April 9th, 1894, called to a~rous~e fe~eling aga-inst the proposed Con~stitution Conventionall tended tolward insurrection. This was understo~od 'and designed ~by 'the speakers. Th~e' intent was to, infla~me the minds of 'the -native, Hawaiians to, play upon theirpr'ejudices and pas'sion-s and to, prevent, any conc~essions from being accepted by theln. 'Without questi oning the right of f reedoln of speech and of opinion it is submitted that per~sons who endeavor to. keep a community in a state of tur~mo~il by such ',an abuse. of th'eir, liberty, do so-at their- peril.. Th-ey have, no just ca~us~e of complaint if when their agitation bears fruit in open in~surrection they are, placed where they can do n10hqrim 'and are held for investigation. Upon -the, facts as appearing from the affidavits herewith it is, contended: (1.)- T'hat th'e'arrest's were, justifiable on common law principles, even though complainants, were innocent. (2.) Th'at the question of reasonable, or probable cause for CLAIMS OF BRITISH SUBJECTS. 31 the arrests is not dependent upon the fact of guilt. (3.) That no presumption of want of probable cause arises from the discharge without trial. II. (1.) During Martial law greater powers of necessity musit be conceded to a government than in time of peace. (2.) The rights of individuals must yield tot the obligation of a government tol protect the lives and property of persons under its protection. III. By recognized principles of international law complainants are not at this time as a matter of right entitled to Diplomatic intervention. (1.) In consequence of their Hawaiian domicil. (2.) Not having exhausted their remedy before Hawaiian courts. (3.) In consequence of participation in seditious and treasonable acts. I. That the arrests were justifiable on common law principles even though complainants were innocent. A man arrested without a warrant on supicion of felony may be held. "At least till he can be brought before some Justice of the "Peace." 1 IHale P. C. 587. "Until inquiry can be made by the proper authorities." Beckwith v. Rilby, 6 B. & C. 635. "Until he can be brought before a Justice of the Peace, and "have his conduct investigated." Addison on Torts 152. "Only for as long a time as is reasonably required by the "prosecuting attorney to prepare the case of t'he State for "trial." Tiediieman Limitation Police Power 86, see also Davis v. Cappa, 10 B. &. C. 28. "If treason or felony be done and one hath just cause of "suspicion, this is a good cause and warrant in law for him to "arrest any man, and he must show in certainty the cause of "his suspicon,and whether the suspicion shall be just or law"ful shall be determined by the Justices in an action for false "imprisonment brought by the party grieved or upon a Habeas "Corpus." Coke 2 Inst. 52. "A constable having reasonable grounds to suspect that a "felony has, been committed is authorized to detain the party "suspected until enquiry can 'be made by the proper author"ities." Beckwith v. Shilby, 6 B. & C. 638. As to how far information received from another reasonable CLAIMS OF BRITISH SUBJECTS. and probable cause, see: Lister v. Perryman, 4 H. L. (Eng. & Ir. Appeals, 521). Reasonable time under exceptional circumstances may be a matter of weeks and months. See Johnston v. Sutton, 1 Term Rep. 493 and 510; Wiggins v. Naughton, 83 Ga. 148, 9 S. E. Rep. 607. (2.) That the question of reasonable or probable cause for the arrest is not dependent upon the fact of guilt. "Probable cause is such a state of facts in the mind of the "prosecutor as would lead a man of ordinary caution and pru"dence to believe or entertain an honest and strong suspicion "that the person who, is arrested is, guilty." Phillip v. Waller, 5 Hawaiian R. 610; Bleckwith v. Philby, 6 B. & C. 635. (3.) That no presumption of want of probable cause arises from the discharge without trial. "The abandoning of a prosecution lmay arise from the most "honorable motives, and the nicest sense of justice, instead of "necessarily proving that the prosecution was wantonly and "maliciously instituited; and the facts which justified the pros"ecutors conduct may be klnown only to himself." Lord Ellenborough in Plurcell v. M'N'amard, 1 Comp. 199, 203. "In the following term G:urney moved to set aside the non"suit............ but the conrt were unanimously of opinion "that it was incumbent upoln the plaintiff to give evidence "of the want of probable cause, observing that if they were "to hold that the mere circumstances of the defendant's non'appearance at the trial was sufficient it must follow that "every person who institutes la prosecution and sees, reason "to drop it, is prima facie 'a malicious prosecution." Purcell v. Mitamura, 1 Comp. 205. II. (1.) During Martial law greater powers of necessity must be conceded to a government than in time of peace. Martial law in this instance was legally proclaimed under the Constitution and Laws, of Hawaii. In re Jona'h C. Kalanianaoule, Supreme Coourt, Hawaii, May Term, 1895. "There are sometimes circumstances which in themselves 'are a command of arrest as imperative as could be any corm"mand by official authority. These cases in general are plain "and rest upon the inherent right of society to defend itself "lagainst sudden assaults, not by regular proceedings merely, "but in emergencies by the spontaneous action of its numbers." Cooley on Torts 174. Elarl Russel in a debate in the House of Lords apropos of the civil war in the United States said: "In such circumstances as these it is usual for all govern"ments to imprison upon suspicion persolns who they con "sider are taking part in the war against them." CLAIMS OF BRITISH SUBJECTS. 33 In Phillips vs. Eyre, 6 L. R., Queen's Bench Cases, page 16, the court say: "To act under such circumstances within ti'e precise limit "of the law of ordinary peace is a difficult and may be an "'impossible task, and to hesitate or temporize may entail dis"astrous consequences. Whether the proper, as distinguished "froim the legal course, has been pursued by the Governor in so "great a crisis, it is not within the province of a court of law to "pronounce. ' * * " "It is manifest, however, that "there may be occasions in which the necessity of the case "demands prompt and speedy action for the maintenance of "law and order at whatever risk, and where the Governor may "be compelled, unless he shrinks from the discharge of para"mount duty to exercise de facto powers which the legislature "would assuredly have confided to him if the emergency could "have been foreseen, trusting that whatever iie hase honestly "done for the safety of the state will be ratified by an act of "indemnity and oblivion. "There may not be. time to' app(eal to the legislature for "stpecial powers. The (lovernor imay have upon his own re'sponsibi.lity * ' * to, arm loyal subjects, to seize "or secure arms * * *. * * to detain suspec'ted persons "and meet force by armed force in the open field. If he hesi"'tates the opportunity may be lost of checking the first out"break of insurrection * * * * In resorting to strong "mleasur(es Ie may have saved life and property out olf all pro"portion 'to the 'nmistakes he may honestly commit under in"formation which turns. out to, have been erroneous o!r treac'h"erous. The very efficiency of his measures may diminish the "estimate of the danger with which he had to cope and the "danger olnce passed every measure ihe has adopted may be "challenged as violent and oppressive and he and everyone "who acted under 'his authority may be called upon in actions "at the suit of individu'als dissatisfied with his conduct to "establish the necessity or regularity of every act in detail by "evidence which it may be against public policy to disclose -- * * * -X - (2.) The rights of individuals m ust yield to the obligation of a government to protect the lives and property of persons under its protection. "In a state of war civil rights and remedies are extinguished "or suspended so far as necessary or proper to accomplish the "purpose of military rule whlich is the restoration of the "normal state of peace. What may be necessary or proper in "any particular case is determined by usage or the commnon "law of war." In the matter of Jonah C. Kalanianaole, Supreme Court of the Hawaiian Islands, May Term, 1895. "The mere temporary arrest and detention of a citizen of "the United States in France, during the Franco-German war 34 CLAIMS OF BRITISH SUBJECTS. "of 1871, does not of itself, give ground for a claim against the "French Government unless it be shown that the arrest was "without excuse or probable cause. Citizens of the United '"States in common with other foreigners who; were unfor"tunate enough to be residents of France during the period "to which iMr. H.'s, memorial refers, were rendered liable to "certain inconveniences which seem to have been unavoidable "under the circumstances, and are inseparable from a condi"tion of war such as France was then in." Mr. Fish, Sec..of State to Mr. Washburne Oct. 19, 1872, Mss. Inst. France; Wharton Int. Dig. II., p. 578. By recognized principles of international law complainants are not at this time as a matter of right entitled to Diplomatic intervention. (1.) In consequence of their Hawaiian domicil. "The distinction between domiciled persons and visitors in "'or passengers through a foreign country is never to, be lost "sight of; because it must affect the application of the rule of "law which empowers a nation to enfore the claims of its sub"jects in a foreign State. The foreign domicil does not indeed ''take away this power; but it renders the invocation of it less "reasonable, and the execution of it more difficult. * * ' * "He cannot therefore expect tha:t every complaint, which he "may be disposed to urge on 'his native government, with re"spect to these matters, will of necessity be considered as re"quiring national 'interposition." 2 Phillmore, Int. Law, 6. "It is essential to the indeplendence of nations, and to the "public peace, that there sghould be soime limit to the right and "duty of a government to interfere in behalf of persons born '"or naturalized within its jurisdiction, who, on proceeding to "a foreign country, and being domiciliated there, may receive "injuries frowm the authorities thereof, by the general law as "'well as by the decisions of the most enlightened judges both in "England and in 'this country, a neutral engaged in business in "an enemny's country during war, is regarded as a citizen or "subject of that country and his property, captured on the high "seas, is liable to condemnation as lawful prize. No. sufficient '"reason is perceived why the same rule should not holld good in "time of peace, also, as to the protection due to the property "and persons of citizens or subjects of a country domiciled "abroad." Mr. Marcy, 'Sec. of State, to Mr. Clay, May 24th, 1855, Mss. Inst. Peru. (Wharton, Int. Dig. 11, 447.) "The general rule of the public law is that every person of "full age has a right to change his domicil, and it follows that "when he removes to another place, with an intention to make "that place his permanent residence fo!r an indefinite period. CLAIMS OF BRITISH SUBJECTS. 35 "it becomes instantly his place of domicil; and this is so, not"withstanding he may entertain a floating intention of return"ing to his original residence or citizenship at some future "period. The Supreme Court of the United States has decided " 'That a person who removes to a foreign country, settles him'self there, and engages in the trade of the country, furnishes "'by these acts such evidences of an intention permanently "'to reside in that country, as to starmp him with its national "'character;' and this undoubtedly is in full accordance with "the sentimenlts of the most eminent writers, as well as with "those of other high judicial tribunals on the subject." Report of Mr. W\ebster, Sec. of State, to the President, Dec. 23, 1851, 6 Webster's Work, 522, 523, (Thrasher7' case.) (2.) ANot havling exhausted his remedy before Hawaiian Tribunals. "The (case in which this Governlment assumes to interfere in "behalf of one of our citizens, where redress may ordinarily "be had in the courts of the country in which lie claims to have "been wronged, is that of a denial to himn by those courts of "the usual means of redress. For the present, therefore, Mr. "Davis, who has never resorted to the Court of Great Britain, "must be remitted so far as recovery of pecuniary indemnifica"tion from the authors of the trespass is concerned, to the "usual remedies, to which persons in his situation are by the "laws of Great Britain entitled." Mr. Bayard let. (Wharton Int. Dig 11, 438.) "'\hen I)iplomatic intervention is asked to press payment "for an injury sustained by a foreigner in this country, it is "first considered whether the party complaining has duly pur"sued the ordinary remedies provided by the laws, as was in"cumbent on him, before he would be entitled to appeal to the "nation and if hle has, whether that degree of gross and palp"able negligence has been done by the national tribunals which "would render the nation itself responsible for their conduct." Mr. Jefferson, Sec. of State, to the Att'y Gen. Mar. 13, 1793, Mss. I)orn. Let. (2 Wharton Int. Dig. 675.) This course was followed in the matter of the claim of the owners of the British Ship "Madras" against the Hawaiian Governmlent. It is respectfully suggested that there is more reason why these claimants should be remitted to the same Court which settled the "Madras" case in consequence of their Hawaiian domicil. The owners of the '"Madras" not only were not domiciled in Hawaii but had never been here. 3. In consequence of participation in seditious and treasonable acts. "Lord Castlereagh distinctly said that the grounds on which 36 CLAIMS OF BRITISH SUBJECTS. "these two subjects (Arbuthnot and Ambrister) had been con"sidered by the Cabinet as having forfeited the rights of pro"tection from their Government were, that they had identified "themselves, in part at least, with the Indians, by going among "them with other purposes than those of innocent trade; by "sharing their sympathies too actively when they were on the 'eve of hostilities with the United States; by feeding their "complaints, by imparting to them counsel; by heightening "their resentments, and thus at all events increasing the pre"dispositions which they found existing to the war, if they did "'not originally pr'ovolke it." Mr. Rush, Minister at London, to Mr. Adams, Sec. of State, Jan. 25th, 1819, MsS. Despatches, (r. Brit. "Such is understood to have been the course pursued by the "United States during the late civil war. In September, 1862, "the British Charge d'Affairs at Washington requested the "discharge of one Francis Carroll, a British subject, who had "been arrested by the military authorities in Baltimore. Mr. "Seward refused the request, and in a note to Mr. Stuart said: "Is the Government of the United States to be expected to "put down treason in arms and yet leave persons on liberty "who are capable of spreading sedition? * *' * Cer"tainly the Government could not expect to maintain itself if "it allowed such mischievous license to American citizens'. "Can the case be different when the dangerous person is a for"eigner living under the protection of this Government." Dip. Corr. 1862, p. 228. (Wharton Int. Dig. 11, 452. Mr. 4Vreylinghuysen, Sec. of State, to Mr. Loyell, Apr. 25, 1882, Mss. Inst. Gr. Brit. For. Rel. 1882. B-THE DETENTION. The affidavit of the Judge Advocate shows that the greatest diligence was used in the preparation and prosecution of the cases presented to the Military Commission. I may point out that the Commission was presided over by a. Judge of the Circuit Court who resigned and was given a Military appointment for the sole purpose, ensuring a trial according to! legal principles. In all 190 cases were tried and some thousand were investigated. The investigations were made after hours and in the night after the Commission adjourned for the day. As the investigations proceeded, so much of the plot developed that it became clear to the prosecuting officers that it would be a breach of duty to discharge any of the accused until the cases were completed and all sources of evidence exhausted. There is absolutely nothing on which to base a charge that one of these men was detained for the purpose of punishment or for any ulterior, or other object than to, prepare the case and to proceed with it in due order. No discrimination was used in the selection of cases for trial. They were presented as soon CLAIMS OF BRITISH SUBJECTS. 37 as prepared. It undoubtedly was a misfortune as far as these men were concerned that the Writ of Habeus Corpus was suspended at the time they were under arrest. This was an inconvenience suffered by them in common with the rest of the community, differing only in degree. The solution of the question how long the necessity existed for the continuance of Martial law was a matter solely for the determination of the Executive. The action of the Executive in the premises cannot be made the subject of a personal grievance. -"And it is obvious that by the same reasoning the President "is the sole judge of the time during which Martial law shall "continue as well as of the necessity for proclaiming it in the "first instance." In the matter of Jonah C. Kalanianaole, Supreme Court. Hawaii, 1May Term, 1895, Pamphlet p. 194. "The right to suspend the Writ of Habeus Corlpus is one of "municipal law to be declared to foreign Governmenlts by the "President through the Department of State; and it is not "colmpetent for foreign (-;overnments to, question the accuracy "of such declaration." Mr. Seward to Lord Lyons,, O)ct. 14th, 1861. 2 Wharton, Int. Dig. 650, sec. 230, a. If commluitted for trial at the next quarterly term of the Circuit Court the clatimants would have been detained in confinement a mnluch longer period than they in fact were. By Act of June 2nd, 1893, they were not entitled to be admitted to bail without the consent of the Attorney-General even in time of peace. That Statute provided that offences of a seditious nature should not be bailable. C-THEI TREATrMEN'T. In the cases of the men whose cases are still pending, save Dunwell, no sotrt of harsh or vigorous treatment was adopted. Such force as was necessary was used to make the arrests. From that moment until the discharge the men were treated with all of the consideration possible under the circumstances. The Oahu Prison is conducted on humane principles. The acts, of the Jailor are subject to the control of a Board of Prison Inspectors who are not otherwise connected with the Government and serve without pay. The Prison is frequently visited by Diplomatic representatives in Honolulu, and the Government at all times invites the closest scrutiny of the institution and the methods pursmued there. Dunwell's case was exceptional and has been fully explained. D-THE STIPULATION TO LEAVE THE COUNTRY. Messrs. Levey, Bailey, Redward, McDowell, Harrison and C. WV. Ashford were released from arrest on their undertaking to 38 CLAIMS OF BRITISH SUBJECTS. leave the country. T1,1ey chose to doi this rather than stand. trial. Th~e stipulation wa~s in the following words: "'Whereasj, I......., am now held in co~nfinemenlt fo~r "ceomplicity in the recent insnrrection against the Ha~waiian, "Go~vernment, and have exlpressed a desire to; leave the coufl"try not to return, pro~vided the said government shall. in its, "clem~ency cons~ent to such expatriation, now th erefore- I, the "said........,in consideration of the consent of the Ha"waiian Government, that I s-,hallJ leave the Hawaiian Islands "immediately upon being released (it being understood and "agreed' by me, that said charge is in no, wise, withdrawn nor inl d~ny sense discontinued), do hiereby agree that when. allowe-l "~to lea-ve the cust,,Aody of the. Marshal, I ~sha~ll and will leave the "Hawaiian Islands by the S. S., leaving Honolulu "f or........ on A. 1). 1.895. and will not return during my "lifetime with-out lthe written., consent of the Minister of For"~eign Affairs, or other, officer haviing charge!of said Depart"ment, approved by the Marshal. "Witness my hi-a-nd this... day of.......... 1895."1 This stip.-ulation. clearly amnounts to, an admission of some degiee of Y uilt and in conclusion o~n the question of probable(Cause. It w~as'-, so understood by claimants. They all, had opportunity to, consult with you, Sir, and with counsel. In at least one instance the opinion was plainly expressed by you in thme presence, of offricers of this G~overnment that signing the stipulation amounted to such admission. No valid ground has been- suggested why these stipulations should -not stand. It is not claimed that 'they were obtained by fraud or compulsion. In th~e abhsence of 'Such showing the, stipulation. must stand. T'h'e f'act that these, men we-re all released an~d given time, varying f romn four to twenty days without any restraint to, settle their aff airs, during whichi period they had ample time f or, reflection and f or consultation, and tihe f urther fact- that they'all carried out -the terms of the stipulation witho~ut 'any compulsion. from the G1overnment, conclusively settl~e the char~acter- of the tranw-'action, and put it beyond 'the power' of these men to now attack the, good fait~h of the proceeding. In this con~nection. reference may be umade to 'the 'cas~e of WV. P. K~apu, anr Hawaiianicitizen formerly a, missionary in the servic~e of the. Hawaii'an. Board of Missions who, was deported from the Gilbert Islands by tile Captain of Her Majesity's Ship "~Royalist" in 1892. In November of that yeia~r the, matter, was referred tol Her Majesty's Government by 'the Hawaiian Government and a claim for reparation m'ade. No respon-se having been rec-eived, the matter was again called to! the attention of your Governwei-.t oifn July 25th, 1893. The -only reply received was a, verheal statement by Her Mlajesty's late Minisiter at Honolulu in CLAIMS OF BRITISH SUBJECTS. 39 1894, to the effect that his Government had made inquiry into the matter and acknowledged no liability. That Kapu was found to be a "mischievous fellow" and was sent arway. The ruling made in Kapu's case seems to have a direct bearing in the matters under consideration; this similarity exists: that the action in both instances was taken by military commanders in times of local disturbance. The distinction in favor of this Government however is obvious; no sort of compulsion was used by this, Government in the cases in question. The opportunity merely was given to depart, whlich was accepted. I submit therefore that sufficient has been produced to; make a prima facie showing of reasonable and probable cause to make the arrests and hold in detention the persons above named. The showing is not exhaustive. On a trial much more could doubtless be produced. It is fair to point however, that in the cases of those who left the country no further investigation was made after the stipulations were signed, and witnesses, whose evidence would have been available were allowed to depart. In expressing the hope that the investigation made in these cases will prove satisfactory to your Government, I take the opportunity to renew thie assurances of the distinguished consideration with which I 'have the honor to be sir, Your most obedient servant, FRANCIS M. HATCH, Minister of Foreign Affairs. AFF'ID)AVITS. In the matter of the claims o'f F. W. Harrison, Affidavit of Ex-marshal E. G-. Hitchcock. Hawaiian Islands 1 Island of Oahl, s E. G. Hitchcock being duly sworn, deposes and says: I know F. W. Harrison. He has, resided in Honolulu for many years, being a permanent resident thereof until lie left the country. He has been an active participant in local politics for some years, and was particularly friendly with Charles B. Wilson, the ex-queen's late Marshal and personal confidant. After the overthrow of 'the queen, the claimant took s'ides against the (Government. He can not be said to have remained active in politicse after 'the overthrow, foar his position in common with other "Royalists," as they were known, consisted of simply refusing in every way possible to, recognize the validity and even the existence of the Government, and in advo 40 CLAIMS OF BRITISH SUBJECTS. eating the restoration of the queen. There was no roloim for such views in the legitimate politics of the country, and he put 'himself outside the pale of politics from the start. After the foreign powers, including Great Britain, had recognized the Republic, and all hopes of restoration except by revolt had ceased, Mr. Harrison did not change his position, but still advocated restoration of the queen as openly,as ever, predicted her speedy restoration, used threatening language towards the Government and Government supporters, and,openly resisted recognizing the Government as strenuously as he had before the new Government had been recognized by his own country; he advised and counselled others to hold out against the Government, and expressed to the natives his sympathy with them, telling them t'hat thie Government was an unjust and illegal one and could not and should not last, etc. The royalist party thereafter became of necessity a revolutionary party. It stood avowedly for the restoration of the queen, a revo'lutionary proposition; it refused to register or vote or otherwise avail itself of any political privileges under the new Government, which involved an acceptance and recognition of the same. It offered no peaceful solution but simply predicted the speedy destructi.on of the Government in such language, and with such significance as to leave but one impression,. to wit, that revolution was to accomplish their purposes. Such expressions as thesle: "You will see shortly;" "I know what I am talking about; "You remember what I now say;" "We are nearly ready for yolu;" and thle ike were repeatedly used by Mr. Harrison and his pollitical associates in connection with their prophecy that the Government would be speedily overthlrown. Their sentiments were as well known in this country as the political sentiments of O'D)onovan Rossa are known in (Great Britain, or Herr Most in the United S'tates. Mr. Iarrison!and 'his remarks have been reported to me dozens of times since I have been Marshal, and.since the recognition of this Government by Great Britain took place; it would be impossible for me to name the persons or the times or the exact language reported, but in substance the reniarks were as above stated. Mr. Harrison's associates were almost exclusively royalists. He was often, when under the influence of liquor, very foul in his abuse of the Government and of the supporters of the G-overnmuent and no1 citizen, to the manner born, could have exercised more liberties in a political way than did Mr. Harrison. Some of Mr. Harrison's intimate friends were leaders in the uprising on January 6th. He was very intimate with Henry Bertlemann, who was Nowlein's right hand man, and the one who did a great deal of the planning and selecting of men to take part in the uprising. Thomas Walker, another very intimate friend and associate of Harrison, was by his own confession to be the leader of some CLAIMS OF BRITISH SUBJECTS. 41 sixty men set apart to take the Polic!e Station of the city of Ionolulu in the uprising in question, and it was he who made bombs to be used in the uprising, and otherwise took part prominently therein. Mr. Harrison was known to be in frequent, secrlet conference with Messrs. Rickard and' Gulick, at (ulick's office on Merchant Street, in Honolulu, two men out of the four who planned and originated the entire uprising and secured the arms from San Francisco. He was also frequently at gatherings and private conferences of Royalists in L. J. Levey's auction rooms. Moreover, the friendship between Mr. Harrison and many of those who took part in the said uprising grew up by reason of their mutual political sympathies, and was not known to have existed prior to the: overthrow of the ex-queen. On the afternoon of January 6th, when I had reason to, believe from information received, that a large amount of firearms had been landed at Bertlemann's residence at Waikiki, and when I sent out the police to search Bertlemann's home, it was Mr. Harrison who slipped into, Mr. Bertlemann's premises and informed him that the police were outside watching. (See Affidavits of A. M. Brown, R. W. Parker, H. F. Bertlemann and A. L. C. Atkinson, marked Exhibits A., B., C., and ).) I arrested Mr. Harrison for conspiracy, Wednesday, January 9th; his conduct oln the afternoon and evening of the 6th of January, alone justifying such a course in my opinion, and upon his arrival at the police station the usual entry was made in the usual record. I see that Harrison says in his complaint to the British Government that he, Harrison, was informed at the police station that no charge was entered against him, but does not state who it was that said so. I certainly did not say sao, or authorize any one else so; to do. I attach hereto the affidavit of Jailor Low as to the treatment of Mr. Harrison while in his charge. Upon the 13th day of February, A. I). 189.5, Harrison voluntarily and after full and due consideration, and after consultation with his relatives and counsel and with full opportunity to communic'ate with the British Minister, as he well knew, signed an agreement to leave the country, a copy of which is hereto attached and marked Exhibit E. It is absolutely false that there was, any change made in the form of the agreement while it was being considered by Mr. Harrison, or la:t any other time. There was but one form used in all the cases. The name of the prisoner, the date of sailing being left in blank and was filled in according to the circumstances of each case. After Mr. Harrison's arresst the authority and control over his case passed into the hands of the military autholrities. (Signed) E.G. HITCHCOCK. Subscribed and sworn to before me this 4th day of November, A. 1. 1895. (Signed) HARRIET E. WILDER. Notary Public. 42 CLAIMS OF BRITISH SUBJECTS. Exhibit "A." In the matter of the claim of F. W. Harrison. Affidavit of A. M. Brown Honolulu, Oa'hu, ss. A.M. MBrown, being duly sworn, deposes and says: I am Marshal of the Republic of Hawaii, and was Deputy Mars.lal during the late uprising, January last; Sunday afternoon, January 6th, 1895, the Marshal, through a detective received information that a lot of firearms had been landed at Henry Bertlemann's residence, which is on the sea-shore at Waikiki, just below Diamond Head, and some three or four miles froml the City Post Office; the information was so direct and positive that I was despatched forthwith on horseback to, watch the place until a search warrant could be drawn and the police larriye with it at Bertlemann's. When I arrived at the entrance to the Park, I found F. W. Harrison and Mr. Cunha standing together at that point; I do not know what they were doing there and I passed on to Bertlemann's. Upon arriving outside of Bertlemann's I was surprised at the number of natives, who were passing along Bertlemann's towards Waialae. As it afterwards turned out I was then within ten minutes walk of-the sentries posted by the insurgents on the side nearest town and these natives that I saw going along the road in twos and threes were on their way to join the insurgents. Not realizing the truth at the time, but withimy suspicions aroused, I tied my horse to a tree adjoining the road and hid myself so that I could better observe and study out w'hat all this meant. In a shfort while, who should come along from town way but F. V. Harrison, alone. He must have followed after me right off and walked quickly to have come when he did; he passed Bertlemlann's gate, when 'he caught sight of my horse on the side of the road; he knew the horse and knew it belonged to me; I saw him pause and then walk on undecidedly and slowly; at that point he was within ten minutes walk of the sentries aforesaid, with nothing between him and them except two or three unoccupied summer houses and a fisherman's, hut on the beach. Being satisfied that Harrison knew that I was around I came out on -to the road in his rear and walked up towards him and up to my horse; he turned and I said "Good evening" to him; he 'acknowledged my salutation and then started back towards town. I was convinced that he had followed me as a spy and to learn what I was up to. I went up to my horse and by the time I was on his back and turned towards town myself he had disappeared. He did not go into Bertlemann's through the front gate, for I could not have failed to see him if he had, my horse being only a few feet away from Bertlemann's gate. As it afterwards turned out, he slip CLAIMS OF BRITISH SUBJECTS. 4 43 ped into B'ertlemann's' and gave him the alarm. And he must have got there 'by pass-ing through a lot and getting out upon the beach and thence, back to Bertlemann's. I1 considered his actions extremely suspicious.,and his giving information to, Jertlemaiin, who, as it af terwards turned out, wa's one of the. most prominent of:the, insurgent leaders, a direct act of hostility, the insurgents, then being in the, field in numbers, under arms and having already captured and mnade prisoners *of supporters of the (G1overnmnent, and having committed other acts of open 'hostility and war. C"aptain Robert, Parker of the regular p~olice., wit ii several of hli's offic'ers, arrived at Bertlemaun's about 5 or ten mdinutes after Harrison disappea red. as, aforesaid. I met Parker and his' me on the town side of Bertlemaun's and after giving himi instructions, rode back towards town fir, re-enforcements as,, I was satisfied by that thime that Qsamething very sernens. was, in the, wind. Parker-, it seemns, in going on. to, Bertleinanii's, ran llp against Harrison. coming Out of BerttIemnaun', s gate. To heave got ther~e he maust have turned back after I saw hmint starting towards town. It turned out that the boats and (rews which landed the arms left t~ie beach fromn Bertlemaun's house to go af ter, the same, but in landing the, arms they went fur~ther to~ward~s WVaialtae and there hid theni in the stand. I commu1111nicated 11Iarerison 'is condluct to, the Marshal either that night or the next day. (Signed) A. M. BROWN, Marshal. Subsci-ibed — and sworn t~o before me this 29th day of October, 1895. (Signed) Wm. J. FORBES, Notary Public1. Pe Fred Harrison. Honolulu, s.s,.: Robert Parker Waipa. say's: I am senior captain in the Honolulu Police force. On Sunday eveninDg -Of January 6th, 1895, in company with Depnity Marshal, A.. M. Brown and a, detail of police I went to lBertlemann's place at Ka~luahole beyond Kapiolani Park]- to search for arms. Upon arriving in the neigh'borhood I saw that Fred H-arr~iso~n was %at Bertlemaun's place. He, came, out as though to return toward town, but seeing us immediately turned round and went back inside, undoubtedly to, inform Bertlemann of the arrival of police. When we. made the, searc~i and found arms and a company of natives who afterwards proved to be insurgents, Harrison was not there..But, ini view of his friendly relations and close personal acqmuiintance with Bertle 44 CLAIMS OF BRITISH SUBJECTS. mann and those people, he undoubtedly knew fall about the arms and the intentions, of those people. (Signed) R. PARKER..Sworn to before me this 20th day of February, 1895. (Signed) W. R. CASTLE. Notary Public. Officers Holi, Luahiwa and Chamberlain say that they were in the detail of police sent to search for arms at Bertlemann's and know the foregoing statements to be true with regard to Fred Harrisoln. (Signed) Jos. LUAHIWA, (Signed) WILLIAM HOLI, (Signed) JAS. CHAMBERLAIN. Sworn to before me this 20th day of February, 1895. (Signed) W. R. CASTLE Notary Public. Exhibit "C."' In the matter of claim of F. W. Harrison. Affidavit of H. F. Bertlemann. Hawaiian Islands, s Island of Oalhu. ( s I, H. P. Bertlemann, being duly sworn deposie and say: At the time Judge Advocate Kinney was' investigating the cases of various persons charged with complicity in the late uprising, and while I was under arrest by the authorities for connection with the affair, I made several statements to Judge Advocate Kinney, in t'he presence of a stenographer who; took down what I sa'id in shorthand, of my knowledge and information in regard to this uprising. These statements that I made were true. 'Among other things I made the following statement in regard to Fred Harrison: Q. "Harrison was in this thing, he knew, about it?" A. "Yes, of course I spoke to him about it, he didn't want "to take any active part in it on account of Ihis family and one 'thing 'and other." Q. "But he knew what was going on at Kahala?" A. "Yes." Q. "He knew the arms had been landed?" A. "Yes,'." I wish to make the following correction in that statement. I do not think that Mr. Harrison knew that the arms were CLAIMS OF BRITISH SUBJECTS. 45 landed at Kahala, for I did not know exactly myself at the time where they were landed; but I knew and Mr. Harrison also knew that they had been landed somewhere near Diamond Head. My conversation above recited took place several days before the uprising took place. Previous to that I had!been told by Nowlein that Harrison would take part in the uprising; but that is the only conversation I had with Mr. Harrison himself. A little before dusk, January 6, Mr. Harrison came into my house, near Diamond Head, and told me that the Police were stationed outside my premises. That was the first I knew of it. About two hours or so later an armed conflict took place between these Police and the insurgents. I told the authorities of Harris-on's visit when I made my statement to them as aforesaid. (Signed) H. F. BERTLEMANN. Subscribed and sworn to before me this 19th day of October, A. D. 1895. (Signed) EDWIN A. JONES. Notary Public. Exhibit "D.' Re Fred Harrison. Honolulu, ss.: A. L. C. Atkinson says: On Sunday evening of the 6th of January, 1895, I went on my bicycle out to Mr. C. L. Carter's at Kapiolani Park. As I crossed the long bridge and was about entering the Park I noticed Fjxed Harrison standing near the end of the bridge by telephone post. He called me back as I passed and we had quite a talk. He began speaking himself of the Government, spoke very hotly and as though full of strong feeling, and against everything that the Government did. He was very angry at the Government having places searched for arms. I do not relember the full conversation as the event which happened immediately afterward drove it out of my mind. But he wa's very aggressive indeed. He had seen police going,out to search. During this tallk he hailed two hacks one after ithe other as they drove into town. To; one h'e called out "John," but the driver answered "No,." 'No one was in either beside the driver. A brake with three persons also driving toward town he hailed, but he must have thought they were not sober for he called out, "Oh, I guess you fellows are jagged.'? Mr. Cunha came up during the conversation and I very soon went off. As, I left he said, "I suppose you will tell your partner Charlie "about me and what I have said." 46 CLAIMS OF BRITISH SUBJECTS. With Carter and Castle I went out to Bertleiann's and was there after Carter was shot, after which we took Nick Peterson's hack and conveyed Carter to his home. (Signed) A. L. C. ATKINSON. Sworn to before me this 20th day of February, 1895. (Signed) W. R. CASTLE. Notary Public. Exhibit "E." Whereas I, Fred Harrison, am now held in confinement for complicity in ithe recent insurrection against the Hawaiian Government and have expressed a desire to leave the country not to return, provided the said Governmuent shall in its clemency consent to such expatriation, now therefore I, the said Fred Harrison, in consideration of the consent of the Hawaiian Government that I shall leave the Hawaiian Islands immediately upon my being released (It being understood and agreed by Ime that said charge isn in nowise withdrawn nor in any sense discontinued) do, hereby agree that when allowed to leave the custody of the Marshal, I shall and will leave the Hawaiian Islands by the S. S. "Miowera," leaving Honolulu for Vancouver, British America, on March 4th, 1895, and will not return during my lifetime without,the written consent of the Minister of Foreign Affairs, or other officer having charge of said Department, approved by the Marshal. Witness my hand this 13th day of February, 1895. (Signed) FREDERICK HARRISON. Witness: (Signed) JAS. A. Low. (Signed) E. G. HITCHCOCK. In the matter of the claim of F. W. Harrison. Affidavit of James A. Low. Honolulu, Oahu. S James A. Low being duly sworn, deposes and says: I received F. W. Harrison at Oahu Jail, January 9th, A. D. 1895, at about 3:30 P. M., as a committed political prisoner. The first statement in Mr. Harrison's complaint to the British Government, as, to his treatment at Oahu Jail, to wit: that he was kept in a cell without liberty until 4:30 P. M. on the day following his arrival at Oahu Jail, is false. Mr. Harrison was liberated tlie next morning at 9 o'clock and given an hour and a half liberty, during which time a breakfast was CLAIMS OF BRITISH SUBJECTS. 47 served, consisting of soft bread, beefsteak, rice, potatoes, taro and a cup of tea. In regard to the food given Mr. Harrison on the day of his arrival, I have this to say: Prisoners arriving at the jail after provision has been made for the evening meal, receive nothing but crackers and tea, or perhaps soft bread and tea, because they come too late, and so on the first days in many cases, and perhaps Harrison is one of them, they failed to get the regular supper, but this hals always been the case with aill classes of prisoners. I would state here that there was a special bill of fare provided for.untried political prisoners which was the same as the food that was put on my table as jailor; it was cooked with my food. And further, anyone of these political prisoners was at liberty to order his meals from the city; Harrison, the first morning after his arrival, requested me to order meals for him from the Arlington Hotel twice a day, which was done, and they continued to come until he was released; anything in the way of delicacies, fruits or cakes sent to them were delivered at once. I have already stated that Mr. Harrison had liberty the next morning after his arrival, his statements to the contrary notwithstainding, 'lie h:ad an hlour and a half liberty perhaps two that sama.e afternoTon, and during which time he ate his supper which had came from the Arlington. And on the next day, Friday, January the eleventh and every day thlereafter while he was in Oahu Jail he and all other political prisoners, excepting the natives or some of them, were allowed liberty three times a day, covering from four to four and a half hours. In connection with this matter of liberty I wish to state that the uprising had resulted in crowding Oahu Prison to its utmost capacity so much so that I had to refuse t'o receive more prisoners. Before the uprising I had about 160 regular prisoners; the uprising filled the jail full to the number of 300 and finally I had to establish a temporary branch prison at the old Barracks to which I removed 60 of my most harmless and reliable regular prisoners; about 150 political prisoners were added to their number, all of wlhom: I had to supply with food and provisions; the result of all this extra labor was some confusion and inconvenience for a day or so, but I solemnly assert that at no, time while these political prisoners were there in rmy charge were any hardships or neglect or imposition put upon them. Many nights I didn't get more than three or four hours sleep, and I received a gold headed cane from a dozen or sol of the political prisoners, among whom was F. W. Harrison, T. R. Rawlins, and others; also P. G. Camarinos. Mr. Harrison was one of the chief movers, if not the chief mover in presenting me with this testimonial. It is true-that Mr. Harrison was removed by me from the cell that he was occupying with L. J. Levey and was thereafter 48 CLAIMS OF BRITISH SUBJECTS. kept separate from the majority of the other foreign political prisoners; this was done by the orders of the Judge Akdvocate; he was at liberty however, to see relatives and friends that came to visit him, and he was further allowed, while at liberty, to converse and associate with certain of the foreign political prisoners' whol were at liberty during the same hours and who were mostly in the same corridor as Harrison; it is not true that his liberty was shortened; the only change was in the hours of the day, the duration of time remained the same. It is true also that I shifted him occasionally from cell to cell, pursuant to orders received from the Judge Advocate who s-tated that Harrison was not. allowed to. communicate with such and such prisoners, and if after receiving such an order I found that his cell was close enough so that he might communicate with the party whom I had received orders to keep away from him I had to shift his cell immediately to, another point; I received several such orders from the Judge Advocate from time to time as he was investigating Harrison's case, and I carried out his orders at once whether 'they came in the daytime or night; these investigations by the Judge Advocate and his assistants were running night and day, and I received orders quite as freely at night as in the day time. In short, the separating of Harrison and the sihifting of him. froml cell to cell was done to avoid the possibility of collusion a.nd the suppression of evidence and lhad nothing personal in it whatever, my feelings towards Harrison being most friendly. It is true that T. B. \Walker was allowed to visit Harrison's cell, and also to mingle freely with the other prisoners, which was done by the order of the Judge Advocate. It is true that with Mr. Harrison I did what I did not dol with others, to wit, advised him to leave the coiuntry, but this was done unofficially without the direction or knowledge of the Government and solely from personal friendship to Harrison, as I distinctly told him and there was no chane for him to mis.understand me; I knew that the authorities were going to push his case before the Military Conmm:ission and that he had made himself extremely offensive and unpopular throughout the community and there was a strong feeling against him and in talking with him I reminded him of these facts. He took it on the same spirit in which I gave it and thanked me for the personal interest I had shown him. (Signed) JAMES A. Low. Subscribed and sworn to before me this 30th day of October, A.D..1895. (Signed) WM. J. FORBES, Notary Public. CLAIMS OF BRITISH SUBJECTS. 49 In the matter of the claim of F. W. Harrison. Affidavit of W. A. Kinney, late Judge Advocate. Hawaiian Islands Island of Oahu. - ss WV. A. Kinney being duly sworn, deposes and says: The case of F. W. Harrison was turned over to'me for investigation as Judge Advocate as well as all other casees growing out of the late uprising. The Marshal informed me in substance of what he had sworn to in his, affidavit herein. His belief, and conviction that Harrison was a party to. that uprising and was one of the conspirators was dire'ctly confirmed by the evidence of H. F. Bertlemann and Samuel Nowlein, who in their original s-tatements and confessions made to me at various times while in Oahu Prison last January directly connected F. W. Harrison with the conspiracy. (See Exhibit C in the Marshal's affidavit, and Exhibit F attached to mine.) I tolok a number of sample statements from those who had heard Harrison's talk, and which bore o'ut the Marshal's information to me. Mr. Harrison's talk Ihas been suchll as to make it a matter of common knowledge in this city. With the evidence of Bertlemann, Nowlein, A. M. Brown, his police, and some evidence of the way he had been talking, and acting for the past year or so, I was prepared to prosecute him for misprison of treason before the Military (Commission and his case would have been tried after that of C. W. Ashford if he had not expressed his willingness to leave the country and signed an agreement to, that effect. After he was out of the jail he expressed himself very freely to, the effect tha.t he had a!cted the part;of a foloil in the past and was glad h had agreed to' leave and hoped.when he came back to act differently.' He so pexpressed himself 'to me and I heard of his making the same remarks in substance to others. In the entire investigation of his case I found nothing to indicate that any mistake had been made in his case or that the information'that we had been relying uponu was false or mistaken. In looking lover Mr.. F.. Harrison's complaint to the British Government, I notice that he lays special 'stress upon the fact that he was approached as to, whether or not he would leave the country if allowed to do, so by the authorities, and refers specially to a conversation had at that time with Mr. T. B. Walker. The facts are 'these: I had heard from various sources, shortly after the uprising began, that there were a number in the jail who were willing to leave the country for good, if the Government would allow them to do so. I found that the Cabinet was willing to 4 P_ ii " V 50 ~~CLAIMS OF BRITISH SUBJE CTS. let oe~rtain -of theni go; but did -not care. to make, the offer, until,they knew that it would be accepted. I accordingly asked Tonm WIalker, who had been convicted of treason, to find out if he would, from among his associates sucth as Harrisson, Rawlins, Redwa rd, Thomas, Kenyon and others, if they would a~ctept such an off er, from the Go~vernmnent if it was made to them. 1 told Wlalk~er not to, let them know that the Government was at the back~ oif this proposition, assuring Walker. that if they were willing to, go 'that the Government would follow it up then 'by an open propo~sition. Walker sounded them and reported that two, of them were willing to go,, to wit: iRitnman and White; bult s~aid that the b-alanice were unwilling to' go,. 1Harris~on being amiong their -numbers. WAhi-te and Ritman were allowed to, go even tho~ugh they confessed their guilt and were, concerued in 'the making otedynamite bombs found in the b *nds, o~f the insurgents. I never attempted thereafter to approach Harrison in a~ny -way; but p.~repa~red to, try 'him, and'Ite, surely w~ould have been lpu't to tri~al by inc before the, Military Commission fo~r mnisIpris'on ~of. treason, if he, had not agreed 'to leave, befor~e' an opportunity offered to; Jut his.&ase on. The reat~son that the G'ovrernment were. willing that Harriso'n, Redward and thte othters,-. above named sho~uld leave the c"ountry was 'that the, chief desire of the, Government was to lbe relieved fromii their, incessant active hostility, and the necies:; sity of Watching themn, and this e~nd was gained as fully by -allowing them to leave a~s by incarcerating them 'in prison, from whenqce they would come, out probably more embittered than ever. No, man- was apiproached to leave the country, soa fa-r as I kn~ow, who wa~s not conscientiously believed to 'be, guilty of statutory, off ences against the Governmient. It was due, to my 'orders 'that, Mr. Harrison wa~s separated fromt the, oflther political. prisoners. My reasionis for s~o doing a~re fully expl)afined in the ca-seof C. W. Ashford. I had in my hands sufficient, evidence to, warrant iney putting Mr. Harrliso~n on his trial], and therefore gave the order in question. (Signed) W. A. KINNEY. Subscribed and sworn to befor mthis;44th day of November, 1895. (Signed) HARRIET E. WILDER. Notary Public. (CLAIMS OIF BI-ITISH SUBJECTS. Exhibit "'F." In the matter of the claim of F. W. IHarrison. Affidavit of Samuel Nowlein. Hawaiian Islands ) Island of Oa'hu. Samuel Nowlein being duly sworn, deposes and says: I know Fred Harrisoun, the brick-layer and contractor. He was a prominent royalist, and was commonly known as such. I was intimate with himn as I was with most of the white royalists. AWe knew each other, and our political sympathies us together. Fred Harrison had given me to understand that he would take a hand in restoring tile monarchy by force whenever the occasion. arose. When the "Wahlberg" hIad communicated with the shore, in December last, and I knew that the arms would be landed in a few days, I sent Henry Bertlemann, who was acting under me in these matters, to ask Fred Harrison to take a, hand. I was not present, of course, when they met. I sent Bertleemann to him with the idea of placing Fred Harrison in charge of the squad who were to seize the telephone office. Bertlermann brought back word that Fred Harrison said he could not take a hand, or any active part, as his wife was in the family way, and just about to give birth to her child. I did not understand that Mr. Harrison had abandoned us or was out of sympathy with us; but simply that he begged off, and consequently Mr. John Bowler was selected by.me and appointed by me to the position that I had intended for Harrison. The above statement was made to the authorities' while I was under arrest, and they had knowledge of what I know about Harrison as above stated, while Mr. Harrison was under arrest and the Military Commission was still sitting. I was one of the leaders of this uprising, in fact I may say that I was the one that organized the native branches of that uprising, and was the one consulted by the white leaders. The white royalists had been urging and encouraging the idea among the natives that the Republic should be overthrown by force, and that that was the way to restore the monarclhy, long before the. uprising came. Such men as Mr. Fred Harrison, Mr. F. H. Redward and Mr. E. B. Thomas,, certainly took that position tol my personal knowledge, and it was a commonl understanding among the natives by reason of what the white royalists had said to them that they would assist the natives in overthrowing the Government. The uprising never would 'have taken place if the white royalists had noit agreed tlo join in. The white royalists were counted all right for any uprising that might take place, the doubtful question was whether the 52 CLAIMS OF BRITISH SUBJECTS. natives would "toe the mark" or not. The chief reliance of the leaders of that uprising was upon the whites. They were expected to lead, as the natives had had little for. no experience in such matters. (Signed) S. NOWLEIN. Subscribed and sworn to before me this 23rd day of October, A. D. 1895. (Signed) WVM. J. FORBEs, Notary Public. Statement of Captain Kaai, re E. B. Thomas. Captain James Kaai being duly sworn, deposes and says: Op a certain Saturday the Marshal seized some giant powder and fuses and caps on board the schooner Haleakala; and he can fix the date better than I; it was some weeks before the revolution, I was master of the Haleakala at the time; when that wrecking syndicate bought the hull of the "G. N. Wilcox," then stranded on the Molokai coast, they chartered the ' schooner Haleakala to assist in the wrecking, James I. Dowsett being the owner of the schooner; when I was preparing too go to sea for the purpose aforesaid an express wagon came down to the schooner, driven, I think, by a white man, carrying a box which afterwards turned out to be giant powder, together with some fuses and caps for exploding the same and also,ome implements and tools, etc., such as hammers, drills, etc. Galnay and E. B. Thomas who seemed to, be directing things for the wrecking syndicate told me to place this giant powder, fuses, aft in the cabin, as there might be some mishap if it was put in another place with the common freight; I did as directed; there was also giant powder outside of the box, some sticks wrapped up in papers; when the schooner arrived at the wreck they used up the sticks that were outside of the box in trying to blow up portions of the wreck, but the current was so strong that it was not successful and they desisted, leaving the box of powder untouched and which remained aboard the boat a number of trips; on the Wednesday before the Saturday on which the powder was seized we arrived from Molokai on the Haleakala with a load of firewood, a matter unconnected with the wrecking syndicate; on the next day, Thursday, Thomas, it seems had called at the schoioner and asked for me but I was absent; the next day, Friday, between two and three in the -afternoon Thomas came aboard the schooner and went down in the cabin without saying anything and pretty soon came up and said that he had got his things together and that I was to give them to an expressman who would call for them; no one called that day; upon going down CLAIMS OF BRITISH SUBJECTS. 53 into the cabin after Thomas left I found that he had wrapped up his mattress and pillow in one bundle, put his coat and clothing, together with the giant powder, fuse and caps into a bag separately and had tied the opening of the bag up and that he had put the box of giant powder intol another bag, (sugar bag,) by itself and tied that up with a string, making three bundles in all. The next day, which was Saturday, we hauled around in the morning between seven and eight o'clock from the dock where we 'had been lying, which was below John Colburn's feed store, over into the stream maka.i of the Fish Market, at which place the giant powder, caps and fuses was seized by the Marshal, as aforesaid at 12 o'clock Saturday. There was other stuff aboard the Haleakala belonging to the wrecking syndicate on deck, which was not touched by Mr. Thomas and in reference to which we received no orders and which was lost with the schooner the other day when she was wrecked off Waianae. his (Signed) JAMES X KAAI. mark Subscribed and sworn to before me this 11th day of February, 1895. (Signed) ALFRED W. CARTER. Notary Public. Statement of J. L. Osmer taken before W. A. Kinney, at the station-house, February 11th, 1895. Honolulu, Oalhu. ss. J. L. Osmer being duly sworn, deposes and says: I know E. B. Thomas and have known him since 1889. About a year ago Mr. E. B. Thomas was arrested for assaulting his wife and at the time I was turnkey at the station-house and had the opportunity to show him some favors; he came down to, the station-house without any proper clothing and without shoes and that night I helped him out with my own clothes and in the morning he wore my clothing out of the jail and he seemed tol be grateful to me for it and from that time on showed a very friendly spirit towards me. I was suspended in the first week of November last for a dispute and fracas with Captain Parker. I tlhen 'entered the secret service of the Government. I was suspended on the 4th of November and since then I 'have been in the secret service of the Government. Between the time of my quitting as turnkey and the last 54 ("LAIM~S 'OF BRRTTTISM SUBJECTIS. week in November I had several conversations of an indifferent character with E. B. Thonmas, but which were in the line of getting his confidence and to assist in getting into closer and more intimate acquaintance. By the last week in Novemebl we had several conversations.and 'at tlhat time he invited me into his shop on King street, between Maunakea and Nuuanu on the mauka side of the street, aand after I was in there lie. said, among other 'things, "There is no use Osmer, we have got to "do these missionaries up; their (Iovernment is not going 'to "last very long anyhow." I should have said before this that since my discharge as turnkey I had given out that I was very hostile to the Government and was willing to take a ihand in any movement to down the Government and I talked in that, strain right along, so that at the tim e I had this conversation with Thomasp the last week in Novemllbekr I was' considered a pretty good royalist. Mr. Thomas then went on to say! in that conversation that last week in November, tlhat hel hlad 50 pounds of giant- powder ready at any tinme to be used. In conversations with himn prior to that he had slpoken generally about blowing people up and blowing buildings up so that when he. referred to. the giant powdelr I was already prepared to hear him talk about it and hear him talk that way. In that conveirsation in the last wee-k in Novemrber, when he spoke of giant powder, he said it could )be ulsed to blo,-w thlesic people up. This conversation which took place in the last week in November was reported forthwitl by nme to,Captain Parker with whom I was then working; wo)rking up the. Crickl and Bush cases. On the first day of December last, which was at Sa:tu:rdaly, in the afternoon, at the corner of Nuuanu and King, I again mll't Mr. Thomas; he was with L. RC.Walker, who was intoxicatted. T'hormas asked me tol go in and talke a drink with hinml at the Merchant's Exchange; I did so; we went in alnd had our drink and he tiern told me that Von Topaz had commrlitted suiicide by shooting himself, a fact which I then knew, but which I pretended not to know, Thomas said "That son,of a bitcl of a Topaz has shot himself; we have got one less man to work agains't us." I came out and jo'in'ed T. B. Walker, and went up Nuanu street with him; this conversation with E. B. Thomas was, reported by me to the Marshal and by his instructions 1kept a record of the different events that I have above recited and which I state hereunder. On the Thursday night following Saturday, the 1st of Decem-,ber, which would be the 6th of that month, I went to the Merchant's Exchange at about half-past seven or eight o'clock, about nine E. B. Thomas came in. There was a drill of Company A th.at night and after a while Corporal Fennemanni and an outsider named Johnson, of Love's Bakery, came into the Merchant's Exchange and I had a few words with Fennemann. CLAIMS OF BRIITISH SUBJECTS. 5 5 5 The corporeal was~ growling at me for not attending drill.; For since my apparent discharge, fromi the Police Station and the, publication in the newspaper that I had turned royalist I had n~ot attended drill but had explained partially to-'the captain,, though the men did not understand what it all meant, and If thought best to, stay away from drill until later on. While the, corporal was there E. 1B. Thomas aske~d me how that man stood and asked me, to in~iroduce him to. the corpo~ral, whichl I did. He then aske~d me priva~tel~y'how that man stood, whether he was with us, Imeaning the, royalists, or not; I told himn yes, he was on our side; he was aliright. Mr. Thomas to~ok a, dollar or so, and asked me to treat the corporal and his f riend; lie said.he did not want to~ treat themin hims~elf; 'he, did not want it said that he, was treating theni himself. The, corporal aiid his friend to~ok the drinks, also myself and Mlr. Thomas. Then Mr. Thomas, stated that formerly liehad been a, lieutenant in the Company A. himself; oii previo~us occasions before, thkat night lie had sounded mie as.,to, how the memi in Company A sto~od, on political mnatters and whetheor they woul1.d turni out for the (Goveriilnent in case o)f trouble'. 1 -had re presen,,-ted to hini that a great many of thent were luke warmn and migh-lt be lpllled in by mte to! a~ssist the. royalists. Mr,. Thomas latei' on I~1ave~ mine $2 mnore to, use in treatimig and nmeanwhile lie stepped over to his own office and brought back some envelolpes;-, stamiped with a Hawaiian flag printed omi thtem with Company A envelopes, which had been u~sed at- "Conipany A's ball. iii '89 or '90; he show ed us-th~ese., and divided the~m up amiiongst us; lie gave some to me, aiid to C~orpowral Fennemaun, perhaps he, gave somie to Klemmie. I don't know. One of tho~se enve~lopes I remember I gave to Loi ert, a. spe~ciial who, is. now in the service o'f the, Gover-nment, and if I miistake not Corp oral Pennemann, has somieof those envelopes no-W. The' next conversation I 'had with E. B3. T1h1omias was on Saturday night, the 8th of Decembiier, it maust have' be~eni,half past eigh.lt or' meo'clocek and jutafter, the arre~st of Blus'h and the searcehing of th~e Merchant's Exchange,. We, two, a-lone were present. Thomas then told me. thmat in thesac of the Merchant's Exchmuge the police, had founid a, glmiupi Klemm's rom whch Klemmnie said belonged to, me; Thomias, 'saidyesthatis so'; I 'said I amn likely to, be arre —sted and. Thtomas said if thiat is So von,1 Will ha,1ve somre one, to bail yo~u out; that is all. he said at the tinie. The miext morning about seven I went out to Captain 1lkm1rk~er'E house; it was thtrough Captain Parker at his house that I usually (omn'1unica-ted. to, the, 1olice Station as it was riot safe for, iie to co-mne down directly there, I represented to Ciaptain Parker, that it would be well to have mae arr~ested in (connection with his guin -that was f'ound at the. Merchant's Exchlange so, that the royvalists with whioim I was work-ing would get the~ imipre~ssioni tha(~t I 56 CLAIMS OF BRITISH SUBJECTS. was allright; was in with them and was being arrested as well as other royalists. Parker agreed to this and accordingly Sunday morning an officer came out to my house and arrested me and took me down to the Station House and a charge was entered against me; under cover of that arrest I had access to the Marshal and Attorney-General and made a full report to them personally of all I knew at the time. At that time what I had to do with E. B. Thomas was only a small part o f my work, the principal part of my work was in connection with Crick and Weed and the Bush conspiracy; the conversations with E. B. Thomas were only a side show at the time. I was put down in a cell and pretty soon the Clerk of the Station House, Zablan I think it was, came to me and said that Thomas - asked what my bail was and said 'he would go, out and get the money; later on I telephoned to Klemme and he came' down and bailed me out and just as Klemme and I went out up on Nuuanu street I met E. B. Thomas who told me that he was coming down to bail me out, E. Klemme was with me at the time I met Thomas; that was all the conversation I had with him at that time. On that same day that I released on bail, toa wit, Sunday night at about i eig o'clock, just opposite the Salvation Army barracks on King near Fort, I again met Thomas and ha.,,a conversation with him; he took me up to Hotel street to the Chinese coffee saloon, opposite Roach's barber shop; Thomas commenced to vent his feelings of hostility against the Government but I quieted him down and told him that it was no place to talk, and from there we went along, Hotel to Nuuanu and then went down to the corner of Nuuanu and King and stood there for a half hour's conversation. At the time he said to me, in that conversation, that something ought to be done; that he had the giant powder to do, it with and I said, well, where can we get it and he said, "It is on board the schooner; I have it in the harbor here," and he then said he wanted the help of ten men. I having assured him before that I was right in with him to do this work he said that he wanted to blow up four men anyhow and named W. 0. Smith, the Attorney-General; E. G. Hitchcock, the Marshal; President Dole and Minister King. He said it would need about eight or ten men. On that Sunday evening's conversation 'on the corner,of King and Nuuanu, Thomas then asked me when I told him that I would stand in with him, he then asked me to meet him at 'half-past seven Monday evening at the Merchant's Exchange; I understood at that time when we met that we would get the giant powder; Monday morning at half-past nine or ten o'clock I went to W. 0. Smith's office. 'Mr. W. A. Kinney being present and I asked some one to. ring him up; it seems that he was at the Police 'Station and he came on down to his office and I there met him and had a conversation with him, CLAIMS OF BRITISH SUBJECTS. 57 and I there asked him at the time to post men on the wharf to watch for a schooner and E. B. Thomas, as I understood would get that giant powder from off the schooner that Monday night; my understanding with the Attorney-General was that if this mnan he placed there caught Thomas alone or with me coming away from the schooner with any package or parcel to arrest us at once and take us to, the Station House; after making this report to W. 0. Smith I also told Captain Parker about it that' Monday. In pursuance of that arrangement some 13 or 14 specials as I afterwards learned were placed along the dock; at the appointed time I met E. B. Thomas, at the Merchant's Exchange and to my surprise he knew about these specials and said, "There,are 14 men posted along the dock. It is evident that some one had given the matter away. I felt certain that it was Cohn, a special who just before that had come into the Merchant's Exchange, and called him, Thomas, aside and had some conversation with him, as also certain other persons'in the room, Klemme and others. After Thomas had told me the balance of us concluded to, go down to the dock as they said to see who these guards were and so we went; in our compa.ny was H. and C. Klemme, Old Henry and one or two others; E. B. Thomas did not go, but we went along the dock and afterwards came up by the Police Station; that evening was December, 10th. E. B. Thomas, before we went down to the wharf told me that the matter would be put off for a couple of nights. Up to this time he had been a little vague as to where the schooner was, simply saying that it was on a schooner in the harbor but,otherwise he gave me no clue; I supposed it was on the Waimanalo,. I next met Thomas on Thursday night on the corner of Nuuanu and King at about'half-past seven or eight. Thomas and I had a few words about my case which was coming up the following Monday at the Police Court. He said your case will not be tried, the Government will be done up before that time, the royalists are all ready. On Friday, the 14th of December, he said to, me, look here Osmer, I am told you are a spy; I said to him, if you think I am a spy you should not have anything to do with me; he said, how about White, the scholol-master? I said that fellow is working on three sides at one time. He said, did you see him much while you were turnkey, and I said I saw him there all the time and he is giving you fellows away, and he said, I thought so all the time. I have been feeding that bastard down to my house and I will go down there to my house and kick him out; after that he seemed to get more friendly towards me and he said, Tim Murray hasl come to,me and told me to look out for you, but I told him I believed you were allright. On Monday, the 17th of December, my trial came up and the 58 CLAIMS OF BRITISH SUBJECTS. case against lmyself and Klenmme was nolle prosequied and on the Wednesday following I was called as a Government witness against Bush and Crick, which ended my connection with Mr. Thomas. He never loloked at me or spoke toi me after that. E. B. Thomas was, very intimate with T. B. Wallker and was very frequently in his company. (Signed) J.. OSMEI. Subscribed and sworn to before me this 12th day of February, 1895. (Sig]ned) A.. Bi. (N. Notary Public. Statement of B. Fennemann taken before A. WV. Ca.rtel at the Station Hoause, February 12th, 1895. Honolulu, i Oahu. B. Fennemann being duly sworn, deposes and sa s: Am a corporal in Comupany A. On a Tlhursday night in the early part of D)ecember. last I visited the Commnlercial Exchange; I met there Osmer and E. B. Thomas; O()slle introduced mne to Thomas; I had my military pants on, just coming frorm tlll. Osmer sFaid, here (comnes`a, soldier and Thomasi took us uf and treated us. Thonas said he was an officer in (C1ompany A formnerlyy. He asked if I would like a remremnberanceof the old (:oionpany; I said es ad he went away for a1 short while and brought back some envelopes witlh Hawaiian flag and "\" printed on themn. -He gave some to me, sae to E. IKl].eme and some to ()smer. (Signed) B. FE NNE:IMAN-N. Subscribed and sworn to before me this' 12t1t day of February, 18895. (Signed) A.LFRED) N. (ARTER. Notary Public. Statement of William Hickey taken before W. A. Kinney, February 26th, 1895. In re E. B. Thomlas. Honolulu, s. Oahu. AWilliam Hic;key being duly sworn, deposes and says: I am acquainted with E. B. Thomas; about a week or so-, I think it was, before the uprising and while I was in the pay of the Government as a detective, as a special, (secret) I had a conversation with' E. B. Thomlas about the Government. It was the Saturday night that there was a big ro'w in the Empire C"LA.IMAS OF BRITISH SUBJECTS'. Saloon; the saloon had been full. of natives who, got -into a row w~ith the barkeeper and caused his arrest, 'he, be-Ing a-cco~mpani~ed down t~o the Station House by the whole. gang who were very much excited; -the barkeeper, McNicols, was', ~bailed out by E. B. Thomas, or else E. B. Tfhomas went down to bail him out, anyhow Thomas came ba~ck with him soon; he there met me and saidtme "HRickey, loo~k out for tha t man, pointing to mny brother-in-law, Frank"(Cunning-haumi, whether he knew 'he was my brother-in-law, or not 1 do not know, but I do, not think so. Continuing Thomas said., "He, is a son of a bitch and a, spy." He also said, "I want another row oi two like this one to-night and then we will go down and tarke that Station Hous;,e." I reported thiis conversation to the, MaLrshalt at the tim~e. (Signed) W ill. TIIC K EY. Subs~cribed and sworn to, before me, this 26th. day of Februa-ry, I1895. (Signed) A'-\V m. J. FVo I IBESB Notary Public. Statenment of Charles T. Da,,y taken before WV. A. Kinin ey Februiarv 25th, 1-895. Ho nolulu I1., (iimarles T. D)ay being duly sworn, depos~es and says: I ami the, brother-in-law of IE. B3. Thom-as; have. neve~r beenfamiliar with hiln, never having approved my sister,'s marriage: but I have, no special grievance against him, I simply have n-ever liked him and 1ilave had not, anything no-re to, do) withhim than 1 (could help; he, is a rank royalist as everyone knows; he is, not one that is secret in the, exp~ression of hIis opinions, in fac —t he is quite, tile reverse, particularily when hie is inliquor; when in liqu~o~r lie talks very freely and very frequently ab~out thme polities of these Iszlands, going to such an extenti that I have felt that'lhe was laying hiumIself -open to time very trouble, that has come upon him, namely, his arrest antid detention in jai~l; he Ias, often announced (himself) in mx-y presence as irreconcilably opposed to, the Governmient, as omme who was friendly to, time monarchy and who~se opinion could not be altered or changed by anyone; hie is fomid of spe(aking of hinmself as an Englishman, but the, recoginition of this Governmn-ent by the English Government has had no effect iii modifying his talk or opinion; after such recognition lie still continued to say that this Government could not last and would not last long and that the mnona~rchy would be restored. I can't remnember afll of his talk, no one, c~ould as there has been so much. He has 60 CLAIMS OF BRITISH SUBJECTS. made himself simply notorious as a royalist and one hopelessly hostile to the present Government. (Signed) CHAS. T. DAY. Subscribed and sworn to before me this 25th day of February, 1895. (Signed) C. D. CHASE. Notary Public. Affidavit of William Davis re E. B. Thomas. Republic of Hawaii, Honolulu, Oahu. William Davis being duly sworn, deposes and says, that he knows E. B. Thomas and has known him for a number of years. He has personally associated with him, talked the political situation over and knows that said E. B. Thomas is a pronounced and ardent royalist and hostile to this Government, a fact which is well-known to all, as Thomas has not taken pains to conceal his, sentiments nor has he been cautious in about what he has said.. His language has been very violent and to the effect that the present Government had stolen the country from the natives and that this Government could not last and that it had got to come to a fight some time, and expressed his sympathies so plainly that there could be no concealing that he was in sympathy with such a movement. That deponent remembers particularly going to the Molokai coast with E. B. Thomas to wreck the "Wilcox." That on that trip he expressed himself as above indicated. That his royalistic sentiments are as, well-known as that of any man in town. (Signed) WM. DAVIS. Subscribed and sworn to before me this 10th dav of February, A. D. 1895. Affidavit of A. D. McEvoy re E. B. Thomas. Republic of Hawaii, l Honolulu, Oahu. A. D. McEvoy being duly sworn, deposes and says: On or about the 1st of January, I called at E. B. Thomas'. He used the following language: That this Government is no good, that it is run by a, family compact, that the Queen was dethroned by fraud, but he damned if it was going to continue long, that all we need is good leaders and plenty of arms and ammunition and the present Government could be easily overthrown, that he be damned if he was going to live under CLAIMS OF BRITISH SUBJECTS. 61 a Republican form of Government and he would spend his last dollar towards its overthrow. (Signed) A. D. McEvoY. Subscribed and sworn to before me this 10th day of February, A. D. 1895. (Signed) ALFRED W. CARTER. Notary Public. Affidavit of Thomas Blaok re E. B. Thomas. Republic of Hawaii, i Honolulu, Oahu. Thomas Black being duly sworn, deposes and says: I was born in Scotland 27 years ago and have resided in this country 18 months; employed by the Honolulu Iron Works Company as an engineer and reside with Mr. Reid, pattern maker in the same establishment, on Kinau street. I am acquainted with E. B. Thomas, and have known him for about 3 months during which time I 'have been quite friendly with him. He has indulged in violent talk against the Government during my acquaintance with him and in my presence. A great deal of this talk particularly the, most violent has come from him when under the influence of liquor during which time he is especially belligerent against the Government and against the supporters of the Government and uses threatening talk against them that one does not hear from him when sober. He has' I understand got into several personal encounters with supporters of the Government for no other reason than that they were known supporters of the Government and for that reason offensive to him when under the influence of liquor and when he has not got control of himself. He certainly is an ardent royalist and as far as I could see and observe irreconcilably opposed to, the present Government. (Signed) THOMAS BLACK. Subscribed and sworn to before me this 10th day of February, A. D. 1895. (Signed) ALFRED W. CARTER. Notary Public. J. McDonald being duly sworn, deposes and says: That I have known E. B. Thomas over a year: within two months previous to November last. I have frequently met Mr. Thomas in Honolulu and have frequently heard him use strong and condemning language with reference to the Government of the country. I have heard him say that it was, not a legitimate I2 (CLAIMS OF BRITISH SUBJECTS. (Governmlent. On November last I accompanied Mr. Thomas and Toni Walker to Molokai on the Waimanallo. He upon that occasion said that there would be a change in the Government shortly and that when it came it would come swift. I have known him for the past year to be a pronounced and irreconcilable royalist and opposed to the present Government. Upon the trip above mentioned the gist of his conversation on political matters were to the effect that something would happen at no distant date and he approved and hoped for it. (Signed) F. J. MACDONALD. Subscribed and sworn to before. me this 21st day of February, 1895. (Signed) A. W. CARTER. Notary Public. Statement of Peter Higgins taken before A.. XV. Carter at thle Station House, February 12th, 1895. Honolulu., s Oahu. 's Peter Higgins being duly sworn, deposes and says: Was, born in Scotland; am 38 years of age; have been in Honolulu a little over a year. Know F. W. Harrison. Know him to be a. royalist and an opponent of the Governmnent and have heard him assert that the Queen would be restored. J. F. Bowler and E. B. Thomas and F. H. Redward were frequent visitors at L. J. Levey's auction roolms, Mr. L. J. Levey bears the reputation,of being a royalist of the radical stamp. Know F. H. Redward. He is a royalist and antagonistic to this Republican Government and has said that it would be overturned and that restoration would be accomplished. E. B. Thomas was a very much dissatisfied royalist and has told me that the Government wouldn't last long. (Signed) PETER HIGGINS. Subscribed and sworn to before me this 12th day of February, 1895. (Signed) WM. J. FORBES. Notary Public. Re Fred Harrison, F. H. Redward, E. B. Thomas, etc. HonI:Iiulu, ss. M. Davis says, I keep a store on Nuuanu street and live near the end of the tramway line in Waaikiki, and going back and forth eivery day, I see a great deal of and converse with, at one CLAIMS OF BRlITISH SUBJECTS. 063 time or another, Fred Harrison, E. B. Thomas, Johnnie Bowler, Henry Bertlemann (on the cars) and others of the royalist crowd. Everyone of them has had a perfect hatred of the Government. For the past two years I have had a pretty hot time of it for they have all known that I believed in the Provisional Government and the Republic. They always called me "That miserable P. G-." Although their talk always has been of a very bad character, s howing their desire that the Government might be overthrown and the Queen be restored, it is not till quite recently that their talk began to sound to me as though they were really planning an insurrection, and were determined to, overthrow the (:overnmlent. Their talk sounded so strong and although they really had plans, that I felt quite seriously once or twice that it might be important enougih to inform the Marshal, and I now think I made a mistake not to have done so. But at the time I really could noit believe they would be such fools as to undertake to really fight with the Government. At several different times just before the actual breaking out of this rebellion both Redward,and Thomras, but I think separately, they have advised me to change and to stand from under for, they have said, in a very few days the Government would fall and they would be "on top." These people had talked so mu(ch, said such hard things and been so ugly, that I could not stand it and taunted them with their inaction, but a number of them said, "Our plans are not yet quite perfected; wait a few days more and you will see the.'end." At my last talk with Thomas a few days only before the outbreak he spoke in such a positive and certain waNy^that I really felt that something was coming. I have been very outspoken in my defense of the Government and opposition of the plans of these people, and quite recently Jim Brown, Nick Peterson and John Raden of the United Carriage Co., who have also been active and loud mouthed royalists, whom I have known for a long time, have avoided me in a very marked way. I tried a short time ago to have some further talk with Nick Peterson, but he said, "I will not talk with you at all; we are on different sides.'7 While I cannot say that any of the people mentioned in this affidavit have exposed any definite plans to me, yet I have had no doubt, particularly in the past few months, that they were actually working evil against the Government. I have noticed that their talk has been jnore defiant and ugly since the withdrawal of an American war vessel. (Signed) M. DAVIS. Sworn to before me this 20th day of February, 1895. (Signed) W. R. CASTLE. Notary Public. 64 CLAIMS OF BRITISH SUBJECTS. In the matter of the claim of E. B. Thomas. Affidavit of E. G. Hitchcock. Hawaiian Islands, i Island of Oahu. E. G. Hitchcock being duly sworn, deposes and says: From the 23rd day of March, A.D. 1893, to the 31st day of July, 1895, I was Marshal of the Hawaiian Islands coming into office under the Provisional Government, and resigning under the Republic. When I took office, revolutionary talk against the Government, rumors of plans and plottings to overthrow same, and incendiary talk to that effect were all ready matters of fact. The natural unrest of those who had gone out of power by reason of the overthrow of the monarchy I found was stimulated and stirred up to an unnatural degree by the incitement of foreigners, and there was no one among these foreigners more notoriously and assiduously engaged in such actions than E. B. Thomras. His influence was far less than many others who said much less, and I did not consider Mr. Thomas at any time one who would.be able to exercise much influence among intelligent men, but he undoubtedly had a considerable influence among a certain class of natives and white mechanics, and was reported to me, when Marshal, and believed by me then and now to be one of very rash temper, just the man to be worked up by skillful and designing imen, to do a violent and desperate deed. He was known to me, during my entire incumbency as! Marshal, as one. who, was intemperate and a frequenter of saloons, where he had had rows from political wranglings. During the period that I was Marshal as aforesaid, I knew that he was in the habit of openly talking to natives and others against the Government expressing hopes for its overthrow by force, claiming that it- should be overthrown, and otherwise stirring up unrest and discontent. These facts are and have been simply notorious in the city of Honolulu. I had Thomas watched at different times during the years 1893 and 1894, once or twice for several months at a time. It wasi owing to such mischief as was done by Mr. Thomas and, others that an act was passed by the Provisional Government providing for seditious offences, Act 8, Provisional Government Laws. The conduct and remarks of Mr. Thomas were unquestionably calculated to stir up and did stir up dpconitent and foment sedition and revolution at the very time when the unrest among certain classes of the people made such talk peculiarly effective and dangerous. So, frequently were seditious remarks of Mr. E. B. Thomas reported to me, that I finally failed to take special note of them, hoping that he would wear himself out and finally stop; the attention of the Government being more particularly and closely directed at the time to acts and remarks which indicated an actual plot CLAIMS OF BRITISH SUBJECTS. 65 and plan growing out of the seditious and revolutionary talk to overthrow the Government. The first distinct step taken by Mr. E. B. Tihomas', outside of seditious and revolutionary talk was brought to my knowledge by J. L. Osmer, a secret detective in my employ during the months of November and December, 1894. I have read Osmer's affidavit taken by W. A. Kinney at the Station House, February 11th, 1895, and it correctly states in all essentials what Osmer communicated to me from time to time, either directly or through Captain Parker, during the months of November and December aforesaid. I then believed that the conversations' between Osmer and Thomas, as related to me by Osim er, and whichi are correctly set forth in 'his affidavit, aforesaid, are true, and I believe so still. The acts and conversations of E. B. Thomas for the year and more that I had been' in office, prior to his plottings with Osmer, justified the belief that the time would come in his career when he would have either to) cease his dangerous and mnischievous talk or would be led into, some overt act against the' Government. Prior to Osmner's reports to me, neither I nor any official, so far as I know, had any knowledge whatsoeverf th itene of th e of fifty pounds 'of giant powder with the accolmpanying caps and fuse, which was afterwards found by me tlholugh OsmTner's information upon the "Haleakala7" under tlhe control of E. B. Thomas. It was solely throlugh Osmer that this information came to us, and the discovery of the giant powder by reason of what Osmer had told me, led me to believe that E. B. T homas' was on the verge of doing a desperate and criminal deed. During the months of November and December, 'in which tlese c,(onve'rsations took )lace between Osmner and Mr. Thiomas, feeling was running pretty high and exct t iteent ad itterness was growing aimong the revolutionary element, anld none were reported to, me as more outspoken than E. B. Thomas, who would certain ly have been prosecuted before the revolution, had not other more important events taken pla.ce and d crowded his, case out, to wit: The arrest of Bush, Crick and Nawahi oni the 8th day 'of December, A. D. 1894, for conspiracy, and the collecting secretly of arms for. revolutionary purposes, whIich event and their trial was followed shortly by the revolution itself. When Osmer was finally persuaded on Monday, December 10th, 1894, that Mr. Thoimas would go down to the wharf and locate thfe giant 'powder and take it away, Mr. Osiner laid this information before the Attorney-General and myself, and he askled that specials be placed upon the wharf to follow up Mr. Thomas, if lie attempted to remove the giant powder, so as to see how far he would com'mit himself in carrying out the proposition he made to Osmer, which was accordingly done. At that time Osmrer could not state what schooner was carrying this giant powder, but Mr. Osmer stated to me, and which 5 66 CLAIMS OF BRITISH 'UBJECTS. does not appear in his affidavit, that the schooner- was expected soon with the giant powder upon it. The powder was finally believed by us to be on board the "Haleakala" owing among other reasons to the fact that Mr. Thomas had been on that schooner to the scene of the wreck of the "G. N. Wilcox," and when the specials on Monday, December 10th, who had been posted along the wharf, failed to make any discovery, at the latter end of the week I ordered watch to be made on the "Ilaleakala," which meanwhile had arrived. Finally I had her searched and thereby located and found the exact number of pounds of giant. powder that Thlomas had told Osmer he had in the harbor under his control. After the seizure of the powder, Mr. John Walker, assuming to represent a wrecking syndica:te who were wrecking the ";G. N. Wilcox," and 'had -etmployed Mr. E. B1. Thomasl for that purpose, came to the Police Station and clain:id tlhe po. lwv(der, saying that the same hlad be-en purclhased by the syndicate fromi the Hawaiian Hardwarae (Compaany to be used in wrecking the "G N. W. ilcox" and it was understood that whatever powder was not used should be returned to the Hawwaiian Hardware Company. At the time that this powder was alleged to have been purchased or proc:ured from. the H-awaiian lHardware Company, the sale of giant )powder without a, permit from. the Police Station had been prohibited. A r ecord (-f su!ch permits had always been kept by the Police Department and in it could not be found any record of this delivery by the Hawaiian Hardware Company to the syndicate aforesaid. The Police Station under the circum:stances prompntly refused to surrender the powder and Me(ssrs.- Walker and Thomas never pressed the' claim. Meanwhile canme the other events above referred to. This powder S1remained in the possession of the Police Department until a few months agol when it was, by order of my successor, sent to Messrs. E. (). Hall )and Sons for sale on account of thf( Hawaiia.n (ovelrnment. Atthe time that the powder was seized, the riati.ve lMaster of the vessel was examined by me, and his affidavit was taken later by Mr. W. A. Kinney, after the Revolution, and it will be f'oaund among the papers submitted to the Foreign Office, in connection with this claim of E. B. Thomas. 'Particular attention is called to the fact that while the powder, ca. ps and fuse were taken down openly and uncovered to the vessel, they were found later enclosed in gunny bags,,tied up, which had been done by E. B. Thomas preparatory t'o bringing this powder ashore. It was further known to me at the time that Mr. E. B. Thomas was intimately associated with and a friend and follower of T. B. Walker who, upon his own confession, manufactured the dynamite bombs which about that time were being prepared to be used in connection with the Revolution on the 6th of January, and some of which were distributed to, Revolutionists and taken by them into the field. CLAIMS OF BRITISH SUBJECTS.' 67.Of course I did not have the prio~of s of this making of bombs by T. B. Walker before the Revolution, but 1 had abundance of eVidence to satisfy me long before the Revolution came, that he was one of the most dangerous,~ and desperate men among the Revolutio-nists, and he had in fact been arr~ested by me and charged with consjiracy to overthrow the Government. but owing, as I believe, to the leniency ard slort-sightedness of the jury be wi'; acquitted. I have examnined the, affidavits as to the gcrieral character of E. B. Thomas pollitically, wiich were taken by Mr. Carter,and Mr. Kinney after thte Revolution, and whilh thcex were exaniining into the casze of -E. B. Thbomas, and tlh x a-re d, fair samuple of what I had heard in season and out of sejasconl, all the time that I was in office and fromt many differenti sources. I know a, nunruler of the. affiants in question. Somle a me _British subjects, others Anierican citizens. Affidavits, to t'he sanie eftlect could lbe miiultiplied indefinitely. Ti e has beeirn an a-c-tve ard pier;,istent, intermieddler in Hawaiian politictsamitad;has done his best -to work ctomiinoi pol]itic(s into, ai openrevgolution against the, GIrovernm-nent, and it is with all this kniowledge, and inforimation that I had of E. B. Thomas, aIS herein 'above sworn to by mie. that I arrested him when the Revolution actually came, as I then believed and wals certain 'that lie had unquestioniably been a. party to the same,, andl would openly have oined thle Revolntionists if they had arrived in the city, according to tme origina.l plans, instead of being discovered ard shut out some six hourns before the start was- to be niade. Mr. Th-omas has'belen repeatedly mentioned in tlhe reports of May different detectiveCs. Slome of them report hin aas having been present at cemtai in mleethings at which. the Revolntion was planned and plotted annd at which he~ was na-med as o;ne 'of Vfe probable leaders fof the same. I caused his a-,rrest on the, 7th day of January, A. I). 1_895, for c onspiracy. T\After his arrest, Iris case, in clommion with all lothers involving complicity in that uprising, was referred to the Military Authlo rities, represented by tire Judge Advocate and others Ifr investigation, and. my authorfity and control over the matteir ceased, except -that I, thr~ough my-NT Jailor,, had him in charge. I 'have read a copy of thle statement of Mr. E. B. Thirmas, as sworn, to be~fore the British Vice-CoGnsul, Mr. T. R. Walker, on. April 3rd,' 1895, and so far as I am mentioned or involved, I wish to say that with the exception of my simply askingy Thomas as to, his willingness to sign an agreement to leave the Islands, his statements about me are not facts. I herewith append a statement made by the Jailoar of Oahu Prison rehative- to his treatment of Mr. Tho'mas while in confinement. (Signed) E. G. HITCHCOCK. 68 CLAIMS OF BRITISH SUBJECTS. Honollulu, ) Island of Oahu, ss. Hawaiian Islands. On this tenth day of October, A. 1). 1895, personally appeared before me, William Lucas Stanley, a Notary Public for the Island of Oahu, duly commissioned and s-worn, residing in Honolulul, in said Island of Oahu, the above named E. G. Hitchcock, who on oath deposes and says that the matters and things herein above stated and set forth are true, save as to those whi ch he avers on his information; and belief, and those he believes to be true. (Signed) 'E. (. H-I.ITCHCOCK. Subscribed and sworn to this 10th day of October, A. D. 1895, before Ine. (Signed) W\II.I.IAM LUCAS STANLE]Y, (Seal). Notarvy Plublic, First Judicial Circuit. In the matter of the clair of E. B. Thomas. Statement of Arthur M. Brown, Marshal of the Republic of Hawaii. Hawaii.n Islands, ) Island of Oahu, Arthur M. Brown, being duly sworn, deposes and 'says: I am Marshal of the Republic of Hawaii, having succeeded Mr. E. G. Hitchcock in that office, on the 1st day of August of this year. Prior to that time I was Deputy Marshal under him, and to a very large extent was cognizant of the secrets of the office, and of information coming into the office through the secret service. I had held office as Deputy Marshal since the month of February, 1.893, being associated daily with the Marshal during his entire incumbency aforesaid. I thereby acquired a knowledge of the reputation of Mr. E. B. Thomas, long prior to tthe 'tiie that I became Marshal, and was fully informed of Mr. Thomas' radical stand against the Government. This was a matter of common knowledge in the Marshal's office, and for that mmatter on the streets as well. The character of Mr. Thomas' conversation was calculated to bring the Government into disrepute and to foment discord, sedition, 'ill-feeling and unrest. The gist of 'his talk being that the Government was founded upon fraud, had outraged thel natives and robbed them of their rights, and would be surely overthrown by force in a short while, and that it should be wiped out of existence, and that he would never recognize it as a, Government, and that the natives should not do so either, and so forth. Since E. B. Thomas was released from confinement in Oahu Jail, for compliciting in the late uprising, I have had occasion to inform myself of his sayings and doings. From CLAIMS OF BRITISH SUBJECTS. 69 various reliable sources I am informed and am convinced that Mr. Thomas is pursuing substantially the same course that he did prior to the Revolution, and is now saying upon the streets and in the bar rooms that the Government will soon be overthrown by force, and saying it in suc.h a way and under such ci rcumstances as to. carry the impression that he has reason to believe what he is saying, and that he hopes and wishes for the result that he predicts. It is my experience and observation that the late Revolution was largely fomented and brought to a head by just such talk as Mr. Thomas iis indulging in today. The preaching to the natives and others that the Government is an unjust one, and that it has no right to exist and that its overthrow is near at hand, and so forth, is calculated to recreate and prolong the unsettled condition of things which existed prior to the late uprising. Mr. Thomas, is perhaps more cautious in expressing himself; but the purpose and intent of his talk is the same which actuated his talk in the past, as far as I am able to judge from the reports brought to me. The Marshal's Department is being run at an extraordinary 'and unusual expense and taxpayers are carrying the extra burden, on account of just such men as E. B. Thomas. I can truthfully say that he is today, while claiming to be a British subject, a factor in the political situation here, having more to say than 'most citizens of the country. While it has not been found necessary.to make a special study of the acts and doings of Mr. Thomas, he is still under the eye of the Department, and I consider it necessary that he should be, so, long as he continues to act as above indicated, so far as the native population is concerned, the Police Department could in my opinion abandon all special alertness without fear of political disturbance, were it not for their being egged on by the talk of such men as E. B. Thomas. I do not wish to be understood as conveying the impression that I consider Mr. Thomas a man of much influenle,-quite the contrary; but in a 'small community like ours, every man counts, and the influence for mischief even of insignificant persons over the ignorant, and with our diversified population, compel the Government to notice even such persons as Mr. Thomas, and the mischief-making that they are up to,. Mr. Thomas, owing to his 'association with the late revolutionary element, is known to be in a position to learn of anything in the way of plots and plans among that class and therefore his public statements in bar roomns and upon the streets, that the Government is about to be overthrown leaves an impression of unrest upon the minds of some at least who desire peace, and what is still more important stimulates and encourages others to continue holding out against the Government, and to refuse to give in their allegiance. (Signed) A. M. BROWN, Marshal Republic Hawaii. 70 CLAIMS OF BRITISH SUBJECTS. Subscribed and sworn to this 10th day of October, A. D. 1895, before me. (Signed) W. L. STANLEY. (Se al) Notary Public. In the matter of the claim of E. B. Thomas,. Statemlent of James A. Low. Hawaiian Islands, Island of Oahu. ss This is to certify that I have read a sworn statement made by one, E. B. Thomas, under date of April 8th, A.D. 1895, to H. B. M's. Consul, Mr. Thomas Rain Walker, appertaining to his treatment during his confinement at the Oahu Prison in the mnonth of January last, A. D. 1895, and that the same so far as it assumes to describe hIis treatment in the Oahu Prison is false. I will state that as much as could be was down for Mr. Thomas' comfort. That I immediately telephoned to his friends within fifteen minutes after his arrival at the Jail for mattresses, bedding, and clothing, and put myself out considerably so to do. That he was received at Oahu Prison at 4 p. m., January 7th, 1895, and was searched for knives, pencils, etc., as per Prison rules, and shortly afterwards was locked in a room, in one of the outer corridors. The same was furnished with a hammock, blankets and a covered bucket, notwithsitanding his statement to the contrary, all in good and clean condition, and that at 7.50 a. In. next morning he was released and ate a breakfast of cooked beef, potatoes, onions, bread, rice, taro and tea, which was the fare given all foreign Political Prisoners, and was not again locked up until 11:45 a. m. As to the fare given him, every foreign prisoner can verify my statement. On this Tuesday morning the Turnkey asked Mr. Thomas along with the others which occupied the same corridor in which Mr. Thomas was situated, and were not all ready so doing, to take their buckets with them. That one of the gentlemen of that corridor instantly remonstrated (Mr. John Bowler) and appealed to me, I being immediately below them in the yard, speaking as if he was the spokesman for them all, stating that they were not c(riminals, and had done nothing; but were gentlemen, and British and American citizens, and should be treated as such. That I answered theni that they were correct and that they would not be compelled to do the work of carrying their buckets from their rooms to the yard, and that I thought they had misunderstood the Turnkey, for he had not intended that they should wash or empty their buckets. I then immediately gave orders that all work of taking the buckets, scrubbing and sweeping of the rooms must be CLAIMS OF BRITISH SUBJECTS. 71 done for those gentlemen. And I know it was done, and that Mr. Thomas deliberately falsifies in his statement to the contrary. The rooms contained covered buckets continuously, and were used principally for urinating purposes. They were removed morning and evening. When Mr. Thomas desired to go to the closet during the hours in which he was confined to his room, other than between 7 p. m. and 5 a. m., he was, released by the Turnkey for that purpose, and allowed to go:to the closet in the yard. I know he took advantage of this privilege, as I saw him often so doing. Mr. Thomas was again released in the afternoon, on this same day, the 8th of January, for his supper, at 4 p. m., and again locked up about 5:45 p. m. On the next day (Wednesday, the 9th), he was released with others from his room in the morning, at noonday and in the evening, for a period of time covering from 4 to 4 and a half houirs, per day. This system was continued until his release. In reference to that portion of his statement which reads as follows: "Mr. Low, the Chief Jailor, also told me that if I did "not sign to go away, the least I would get would be five years "imprisonment, and that none of those in Prison under arrest "would get off unless they signed." I say that it is false and untrue, for I never advised or threatened him in this manner, and never sought to converse with him on thisi subject, and I remember him often in his eccentric way broaching the matter to me, especially after his book-keeper had left him, I also, remember his book-keeper, Mr. Tietjen, asking me to persuade him to take the opportunity of going away. This was done at a moment when Mr. Thomas had absented himself from the office for some soiled clothing which he wanted the book-keeper to take with him. I told Mr. Tietjen it was very much out of place for me to do so, 'and I could not advise Mr. Thomas in the matter, nor did I ever advise him. (Signed) JAMEs A. Low, Jailor Oalm Jail. Oct. 9th, 1895. Honolulu, Island of Oahu. ss. Hawaiian Islands, On this tenth day of October, A. D. 1895, personally appeared before me, William Lucas Stanley, a Notary Public for the Island of Oahu, duly commissioned and sworn, residing in Honolulu, in the said Island of Oahu, the above named James A. Low, who on oath deposes and says that 'the matters, and things hereinabove stated and set forth are true, save to those which he avers upon his information and belief, and those he believes to be true. (Signed), JAMES A. Low, 72 72 (.Z~CAIMS OF BRITISH SUBJECTS. Subscribed a~nd sworn to, this 10th day of October, A. D. 1l89~5 before me. (Signed) WILLIAIM LuCAS. STANTLEY, (Seal) ~~~~~~~~~Notary Publ~ic,,. In the matter of the c~laim of A. Mcl)owail. Statement of ExMa(rs'hal E. G4. Hitchcock..E. (ClT. Hitc-hcock, beuing (lilly s~worn, deposes and, says: Within a few months after my assuming the, Mars~hals-,hip of thte Hawaiian Islands,,, I b~ecamiie acquainted with the, fact that Arthur McIDowall of H41onolulu was, very violent in his talk against the JHawa iian (Governi-ent; he, was,, at that timie running or keeping the KiKing Street Lodging House," situated on the corner of King() and Alakea Streets. The King Street H1ous~e had ti e reputatio'n of being almost exclusively occ~upied by persons kno~wn to. be, or Strongly suspected of, strong Royafis, —tic'tenrdency. Accordingly, instructions were given by me to, uy detectives to, properly watch Mr. McDo-wall. and his' premisesi, a~nd the -instructions were carried out, and from tnime to tim'e reportis were, ma-de to. me of wha~t was see-nand what Mcl~owall's true position was'. At times my detectives rented raoomas in the Pingy Street House 'and we-re able to' mnak-e truthful statem-ents a~s to events transpirin-g,.at the King Sreel, House, during their stay there, a~nd did, so I believed a~nd tild'o believe, i-fiake truthful stateme~nts of all. matters coming under -their knowledge concerning McDow'all and other person',s residing there. Mr. McDow~all was a resident at the King Street House from January, 1893, until the, 7th day of Jannary, 189.), and wa' the keeper of the King Street House during the whio~l~e of that time, and until his arrest, for conspiracy againsit the Republic of Haw~aii, ointhe, 7th day lof January, 1895. The rep'.)orts made' to me fromt time, to' time., s'ometimes written reports and m'ore frequently verbal reports, relative to Mr.. Mcl-oall11, during the p)erlod as between April 1., 18S93; and January 7thI, 1895, all gave good pro~of to' my mind that Mr. MciiDowalli was inciting, by his language as against 'the GIovernment, all over, whom he. hIad 'influence, to, overthrow theGo~vernment. Reports werle sent in orw brought, me, that boxes 'of ammunition had been s~een in and around the, King Street Hose and als~o o'f Mr. MeDo~wall's oft repatd tateme-nt that the C-over-nnulent wa~sr agovernmient of thieves and robbers, and rotten, and that he, had arms and ammunition in his pos1se'ssi~on. 'and was ready and would fight for the purpose-'of overturning the Government an'd. restoring Mrs. Domini's or "The Queen" as he called her, to her thron~e; he, also, was reported to CLAIMS OF BRITISH SUBJECTS. 73 me by others whom I knew to be supporters of the Government, but whlo were not employed by the Police Department, as using expressions that would lead to the belief t'hat he was a pronounced enemy to the Go-vernment, and would do anything in his plower to aid in thei overthrowing 'of the Government. I did not consider Mr. McDowall als capable of being one of the chiefs oir leaders of the Rebellion, but he was able to inclite, by his italk, Isuch Ipersons as were in his own rank of!society and lower ranks also, to overt acts against the Government, and I at the time,of ordering his arrest, did so because I believed and felt sure that he had!been and still was one of the whites who had priomised their armed assistance to, the Hawaiians to overthrow the Government and resitore Mrs. Dominlis, and was guilty of conspiring tol overthrow the Governmeint and that it was dangerous,, the Revolution 'having commenced, to leave him any longer at liberty. After-his arrest and placing in the Oahu Prison, I had nothing more 'toi do witl himi except when he requested Jailer Low of Oa'hu Prison to telephone to mme Ito gol over and see him in re Ilis signing the paper that allowed him to be.set 'at liberty; I at thait time used no reasons, or threats of any kind to get him to sign the paper, as at that time ithe matlter so far as I was concerned-as, Mars'hal, was not in my jurisdiction. I attach hereto,a, copy of said 'agreement marked Exhibit I herewith attach Jailor Low's statement, marked Exhibit "B " as to what Mr. McDowall alleges, in his complaint about his treatment while in Oahu Jail. I also attach hereto extracts, marked Exhibit "C," from the written reports of Jobhnsstone, then one of my detectives about McDowall which will serve as specimens of what I heard from many sources of this claimant. Mr. McI)owall Was arrested on January 7th, 1895, and discharged February 15th, 1895. He was charged with conspiracy and the same was duly entered in the Official Record at the Receiving Station 'of the Police Court. Mr. McDowlall, in,his statement, saysl 'he frequently asked what he was charged with but dioes not state who he asked or any particulars; all I can say is that he never asked me directly or indirectly. He, had a lawyer and wais in commuinication with -the British1 Minister and there would have been no trouble to find out. MMr. McDIowal'l's charge thahat I asked!or urged him to leave February 15th, or at any other timle is false. Jailor Low telephoned to me on the 15th, Ithat McDowa4ll wished to see me and wanted to leave the country, I went out and took with me the form of ithe agreement we w'ere u!sing. McDowall saw it, agreed to, it, without any talk on his lor my part, and I went back 'to the Police Station to draw up tlhe agreement with his name and the Steamer he was to sail o'n and the date of sailing 74 74 ~~CLAIMIS OF BRITISH SUBJECTS. inserted which I did. 1 then returned to the, jail lie' signed the plaper packed up his effects and le-ft, that is all there was to it. When the time came round for his departurehie, was unable to secure pass-age. He came to, my office and signed another agreement hereto. attached market Exhibit 1). His passage was paid by the Government. Mr. MeDowall's reputation for truth and veracity is very bad. (Signed) E. G. IIITCHICOCK. SSubscribed and sw~orn to, before me this 4th day of November, 1895. (Signed).HARRIET E. WILDER, Notary Public. lExhibit "A." XWhereas I, Arthur MeDowall, am now held in conf inemen for c~omplicily in the recent insurrection agist the, Hawaiian Governmiient, a nd.have -expressed a desire to leave the, country not to, return, p)rovided the, said (Gov~ernmenitt shall in its (clemenc y consent, to, such expatriation, 10W therefore I, the said Arthur McDowaUl in consideration of the consent of the Hawaiian Government, that I shtall leave the Hawaiian Islands immediately upon beilig released (it being understood arid agreed by mne that said c-harge is, in nlowise, withdrawn no~r in any senseC discontinued) do, hereby agree that when allowed. to lea~ve the custody of the, Marshal, I,sha-ll and will, leave the Hawaiian Islands by the, S. S. "Warrimoo," leaving Hon olulu for the British Colonies on Fe-by. 24th, 1895, and will not return during my life time without thte written consent of the Minister, of Foremign Aftlairs, or other officer, having charge of,said departinent, alpproved by the, Marshal.. Witness miy hand thies 15'th day of February, 1895. (Signed) ARTHUR MCIDowALL. Witness: E. 0X. HITCIICOCK. JAs. A. Low. In the matter of thefclaim oif A. McDoawal~l. Affidavit of J. A. Low. Ilawaiian Islands,Ss Island of Oahu. J. A. Low being duily sworn, deposes and says: I have read the complaint of Arthur, McDowall to, the British Government, dated February 21st, 1895, and in so, far as~ his treatment at Oahu Jail is concerned I have this to, say: CLAIMS OF BRITISH SUBJECTS. 75 He was brought into the prison, on Monday night, January 7th with some 27 natives, whom I understood were prisoners of war, that is in actual 'hostility towards the Government. It seems ~that all of them were but MeDowall, but I did nolt learn that until 48 hours after he had been in jail, when he made it known to me, and I then immediately removed him to a corridor occupied by committed prisoners who were ar:rested for complicity in this uprising; but who were not known to have been in actual hostilities in the field. I had received no express instructions to classify these prisoners; but did so under the discretion allowed ime "a,s jailor. The distinction that I drew between the prisoners of war and those whoi were arrested for complicity in the uprising was simply in the matter of liberty. The parties who were arrested for complicity in the uprising but who, were nlot found in the field, I felt charged tio see t'o their comfort first, and to give them privileges,over -and above those w'ho were out and out prisoners of war. There was so. much confusion and s*uchl large bodies of men. were being brought into the jail that I could not do all that I wanted for everyonlle right off; but in choosing who should have the preference I gave it as above indicated; and as soon as I learned that MccDowall was not a prisoner of war, I put him at once with the' other class and gave him all the privileges I had been giving to oth.ers. About 48 hours after his arrival at Oahu Jail the change, was made as above referred to. Mr. McDowall's statement that 'he wals not allowed a bed, hammock or blanket until the eleventh day of January, 1.895, is an unqualified falsehood. HIe had a hammock and blankets as all prisoners have, and I told him as I told all of thenm that they could have their own beds and clothing, and that I would telephone or send word for their effects if they so desired, and next day, Tuesday, January 8th, at his request I forwarded a note addressed to his. wife for 'his effects, and as soon a's they arrived Wednesday, January 9th, I gave them to him. It included bedding as well as clothing. My official record shows the time. His statement that he was not allo;wed to have soap for, tlhe purpose of washing i;s simply absurd. Prisoners wash' at one place, a large bath house, which has five or six showers for bathing and from half a dozen to a dozen buckets for individual washing. Soap galore is there. and half a dozen or so of large roller towels, replenished three times a day, always hang there. There never is a time, night or day, that the place has not soap. Mr. McDowall was locked up it is true, with a native for the first thirty-six hours, and the native may have been dirty until the morning after his arrival at the prison, for these men were taken right off the field at about dusk Monday night and were 76 CLAIMS OF BRITISH SUBJECTS. brought right in to the Station House and from there to the jail,arriving at about nine o'clock. We could not do anything in the way of cleaning them up that night; but the next morn'ing they lall bathed and put on clean clothes. Marny of them had their clothes sent to, them by their relatives and those few wlho did not were supplied with clean clothes from the jail while their own were drying. If Mr. McDowall did not bathe until Sat'urday it was from choice iand not from want of opportunity. For 'the first forty-eight hours he was given about two hours liberty out of the twenty-four, and after that he had four hours 'and over per day. I wish toL state here that all the foreign political prisoners finally got the same liberty, to wit: four hours and over per day; but for the first day after they were received the liberty of some, was not so great owing to the fact that I had to classify it, and arrange their position in the prison in order that they could get the regular four hours that I wais iseeking to give them all. I divided the political prisoners up into 'two distinct classes. Prisoners of war and those, who were charged with complicity in the uprising though not taking part in actual hostilities. These two sets were kept apart, and had liberty at different times. Mr. McDowall in his statemen.t further isays, that he was told to shut up and go to hell and thtat other similar remarks were passed during his confinem. ent. He does not state who made these remarks, or whether they fell from 'the lips of other prisoners,orx guards'. All I can say is that all profane or harsh language towards prisoners is strictly forbidden by the Prison Rules, and I see to it that my guards live up to the rules, as I am personally averse to such methods,, and will not allow them in the jail. Any guard who would use such language to a prisoner under any circumstances would be dismissed by me instanter, and I should want more than the proof given by Mr. McDowall's statement before believing that any of my guards had used such language 'to him. Certainly it was not reported tlo me. If these remarks were made, they were more than likely made by inmates of adjoining cells, for as far as prison discipline was concerned at that time, I wish to say that from the prisoners I exacted nothing but that courtesy that is due from one gentleman to another, and allowed them to talk, sing, joke, laugh and enjoy themselves as best as they could. As to the food, he received the same food as other foreign prisoners: Tea, (rackers, soft bread, soup, beef, potatoes, taro, beans and pork. Mr. McD)owall refers to certain visits made by J. A. Magoon, such visits were made at Mr. McDowall's request, who engaged Mr. Magoon as his lawyer, and asked me to send for CLAIMS OF BRITISH SUBJECTS. 77 him, which was done. I further allowed Mr. Magoon on his second visit 'to have private consultation with Mr. McDowall as his attorney. What they said I do, not know; but Mr. Magoon certainly was not there for any other reason than that he was sent for by Mr. Mcl()owall. Mr. McDowall makes the following statement in his complaint to the British G(overnnient: On Friday, the 15th February, Marshal Hitchcock interviewed me and wanted nme to leave on the "Alameda" then hourly expected. I refused positively and then was locked up in a cell without any window and no light but what would come in through the door from the dark cell, again I was interviewed and on account of the severe strain brought to bear on me by my -wife, who had been sent to me that morning and the other officials I consented to leave here by the "IWarrimoo" on the 23rd February, 1895. In reference to tile above statement I wish to say that on Friday, the 15th day of February, Mr. McDowall while at liberty, and after his -wife had visited him that morning came to nme and said that he wished toi see Marshal Hitchcoc(k. I think he told me that he wanted to leave the counltry or at any rate I got tlhe idea that that was what he wanted, and telephoned for Marshal Hitchlcock, and he brought withl him the form that was used in these casles and showed it tol Mr. McDowall. Mr. McDowall wall s agreeable and Mr. Hitchcock told him that he would return to town and fill out a form for him, and name the date and steamer by whlich lie was to leave, and would return later. He did so, and that afternoon McDowall was released. I wish to state distinctly that no change was made in h'is, room that day. He was still occupying the saame cell that he had occupied for some time back. I had n'othing to do with his wife's influence over himx nor did I send for her that day. She visited him frequently as the wives of most of the prisoners did. Mr. McDowall had access whenever he soi desired to his Minister, during his confinement, and his wife, friends, and counsel were also allowed to see him. I wish to state that in all statements that I have made, concerning 'the treatment of political prisoners, including McDowall, I have not tholjght it necessary to bring forward the affidavits of other persons in support of my statements; but I can furnish abundant outside evidence to support my statements if necessary, both from guards, political prisoners, common prisoners and visitors at the jail. (Signed) JAMES A. Low. Subscribed and sworn to before me on this 31st dav of October, A. D. 1895. (Signed) EDWIN A. JONES. Notary Public. 78 ( CLIAIMS OFi' BRITISH SUBJECTS. Exhibit "C." In the matter of the claim of A. McDowall. Jas. B. Adams, alias Johnstone, living at the "King Street Lodging House" kept by A. McDowall, reports under date of March 21st, 1894, as follows, viz: "There is probably not in this city a more embittered royalist than the proprietor of this house. He is if possible even more prejudiced than \Walker. He isl cunning and very deep, consequently what information can be ferretted out of him can 'only be got at by extreme cautiousness and slow stages. He stated rather bombastically, I think, the other evening, that if there were anmong the royalists six such men as himself he would quickly re-take the Palace. His plan of action would be to have bombs exploded in different parts, of the Palace the same time. The explosion would disorganize the garrison and capitulation would speedily follow." Under date of May 10, 1.894, he reports as follows: "McDowall wa,^-visited by a young man last Sunday, who told him that he was going off to one of the other islands. "iHe was advised by McDowall not to go as there was going to be la big change in a few weeks and then he would be sure of a good job. The man, however, wisely rejected this advice, but was assured by McDowall that when he returned he would find him in rruch better circumstances." Nov. 8th, 1894, he reports as follows: "McDowall came to me and said he had just been informed by a member of the Schuetzen Club that the existence of the present Government was only a matter of a few days as there were 'to be active measures taken to reverse the present order of things. "McDowall assured me that arms had,either already been or soon would be landed on this Island, and that the utmost caution would be taken in landing them as it was believed that the Government had got wind of the matter."' "He has not been very fortunate lately but he was offered a job to start to-day. He would not start however, as he had been advised to wait until after the 20th. "This is what he told me, a schooner would be sent off from Vancouver by Widemann who would at once make for San Francisco and sail from there for Honolulu. A few days after his arrival the schooner would be landed on the other side of the Island and discharge her guns and ammunition. "The natives, and royalists would then assemble over there and twenty-four hours' grace would be given the Government to get out or fight." CLAIMS OF BRITISH SUBJECTS. 79 Exhibit "D." In the matter of A. McDowall. Whereas I, Arthur McDowall, am now held in confinement for complicity in the recent insurrection against the Hawaiian Government, and have expressed a desire to, leave the country nlot to return, provided the said Government shall in its clemency consent to such expatriation, now therefore I, the said Arthur McDowall, in consideration of the consent of the Hawaiian Government, that I shall leave the Hawaiian Islands immnediately upon being released (it being understood and agreed by me that said charge is in nowise withdrawn nor in any sense discontinued) do hereby agree that when allowed to leave the custody of the Marshal, I shall and will leave the Hawaiian Islands by the.. S. Mariposa." leaving Hocnolulu for the British Colonies on March 14,1895, and will not return during my life tim.e without the written consent of the Minister of Foreign Affairs, or other officer having chalrge of said department, approved by the Mars'hal. Witness my hland this 25th day of February, 1895. (Signed) ARTHUR MCDOWALL. Witness: E. G. G. HIITCHCOCK. J. K..KANEPUIU. In the matter of the claim of A. McDowall. Affidavit of W. A. Kinney. Hawaiian Islands, I Island of Oahu. ssW. A. Kinney being duly sworn, deposes and says: Amuong the cases arising out of the insurrection last January, and turned over to me for investigation, as Judge Advocate, was that against A. McDowall, charged with conspiracy. Marshal Hitchcock communicated to me what he knew about McDowall, which is in substance what he has set forth in his affidavit herein, and which I have read. I considered that anyone who used such language and conducted himself asT Mr. McDowall seems to have done, needed further investigation. Certainly there was nothing to justify his release until all available evidence in regard to the conspiracy had been gone through with, as everything seemed to indicate that Mr. McDowall must have been privy to the uprising and planned to take a part therein. I fully explained in my affidavit in the case of W. F. Reynolds, the position .so 80 ~~CLAIMS OF BRI1TISH1 SUBJECTS. occupied by the f oreign prisoners detained in connection with that uprising, and the course pursued by the (Thvernmnent in the investigation of their cases. McDowtall's, case stood in the same category as th~ose of Thomas', George Lycurgus, F. W. Harrison, F. H. Redward, T. Rawlins and Clar.son Kenyon, to, wit: I considered McDo-wall's case one in which it was our duty to d~etain him, on the sho~wing made by the, Marshall, until all thle- available evidence in regard to, the conspiracy and1 himself!had been exha-usted before coining to any final conclusion as to, what tol do,. This course was pursued with McDow'all. I took a, number of;statements,, in verificatioa of the, Mar'shal's report as to McDowall's maunci. of talking and acting. S~_4omej of them. I had reduced to writing, and atta~ch themt hereto, to wit: Affida~vits of Jam-es Black, J. A. Donelly and A. B. McEvoy, and W. H. Smith. This personal, investigation satisfied me that McI~owall had laid'himiself open -many times over to a~n acc.(.usa,tion of -violtating'the Act against Seditious Offencees Beforc 1 h d comilpleted my investigation 'of the. case, and decidied whether he was guilty of anything more, he signified his willingness~ to, le~ave thte country, (and signed ai agreement to, thadct e(fet, and I ga~ve no f urther attention to, his case. (Signed) W. A.. KINNEY. Subswrbed and sworn to, before me this 4th day of No~vember IS95. (Sign~ed) HAR~I-IET LE. -WILDER. Notary Public. -Affidavit of Thoma~s Black re Ar~thur McDowall. Republic of Haw~aii, 'Honolulu, Oahu. Thomas Blacek, being duly 'sw~orn, dep~o~ses and says: I wais born in Scotland 27 year's ago., and have. resided in thlis country 18 month's; employed by the T-ono~lulu Ir~on Works Coman asaegner,