field and exercise a controling hand. "Carter lost his life through the lack of control of the natives; certainly these leaders should have thought of the women or children in the town who would be exposed to the same danger. There was nothing manly, nothing patriotic, except possibly among the natives who went blindly to the front. The criminal act of the accused was worse than that of pirates, as they were not on the pirate deck."

On the afternoon of the 23d of January, the first lot of natives, twelve in number, captured in the field was brought before the court on the charge of treason. The principal defense of these men as well as the majority of the rank and file of the insurgents who were brought before the court later, was that they had been forced into the fight by the foreign and half white leaders. While it is true that they were willing participants and were possibly inspired by a feeling of loyalty to the ex-Queen, had they been less under the influence of liquor, better aware of the enormity of the crime committed and the punishment to which they were liable on account of their action, it is highly probable that they would have withheld from joining the insurgent forces. The trials of the natives were slow and tedious, nearly every prisoner being enthused with a desire to question witnesses and make lengthy statements of their connection with the uprising. A second lot of thirteen natives. A second lot of thirteen natives was brought into court on the evening of Thursday the 24th, their trial continuing through the week.

The first man to be placed on trial for Misprison of Treason

was John F. Bowler, a contractor and builder of Honolulu, who has always been quite prominent in politics. Counsel Neumann at the opening of this case made a strong fight against the jurisdiction of the Court, additional objections to those presented at previous trials being offered as follows:

First. That there is no actual state of war in the country. Second. That the proclamation of martial law does not authorize the trial of any person by a Military Commission, or a Court Martial, unless he is a member of the Military or Navy of this country or, if actual war exists, that he has committed an offense against the laws of war.

Third. The crime of which the prisoner is accused is Misprison of Treason, a statutory crime which, by its definition under the law, is not an offense against the laws of war.

Fourth. That under the Constitution and laws of the Republic of Hawaii the prisoner is entitled to a trial by jury upon information, indictment and complaint, except in cases of impeachment.

Judge-Advocate Kinney marked the usage of martial law as different times as follows:

First."The law martial exercised by the constable and marshal over troops in active service."

Second. "The same system in time of peace or emergency and especially for punishment for the breaches of the peace." Third." For the government of standing armies under the Mutiny Act and the Army Discipline Act."

Fourth." The common law right of the crown and its repre

sentatives to repel force by force in case of rebellion or insurrection and to act against rebels as it might against invaders." This trial and those for Misprison of Treason that were to follow came more correctly under the second definition. “Under the Constitution of Hawaii the President may not only suspend the writ of habeas corpus; he may not only declare martial law; he may place the whole or any part of the Republic under martial law; not only in case of rebellion or insurrection, but when there is imminent danger of rebellion or insurrection and the public safety requires. He may not only use the military force to suppress an insurrection and during its actual continuance; he may use military force and martial law for the prevention of any recurrence or repetition of an insurrection, that is to say, while there is " imminent danger" of it, and if he may govern the country under such circumstances by martial law for any purpose, he may do so for all purposes.

"The Hawaiian law, unlike English and American law, authorizes the establishment and continuance of martial law in time of peace as well as war. It may be, also, that the prisoner has, by his crime, made himself liable before the Civil Courts of the country if they were now performing their functions in cases of this nature. There is no inconsistency in the same conduct. being punishable as well by municipal as by martial law, or in the same act, being criminal, as well by municipal as by martial law. Today each and every provision of the Constitution of Hawaii which conflicts with martial law is superseded by

the martial law, which is supreme today. The mere suspension of the writ of habeas corpus might, perhaps, imply that the civil processes would subsequently apply in any case not strictly a war case; but the Hawaiian Constitution goes further than to suspend the writ of habeas corpus and makes martial law, and nothing but martial law, now supreme upon the island of Hawaii today."

Mr. Kinney closed by stating that it was due only to a rule of law that Bowler was not charged with treason.

The Commission overruled the objections to its jurisdiction in this as in the preceding cases.

The evidence brought out in the two days' trial showed that Bowler had been aware of the plot of the insurgents, and to him had been delegated the capture of the telephone offices. The non-arrival in the city of Nowlein's forces was apparently all that prevented his taking an active part in the fighting. Bowler, however, made a statement asserting his innocence and ignorance of all plans and intentions of the insurgents.

On the afternoon of January 29, the trial of Volney V. Ashford for Misprison of Treason was opened. Outside the trial of the ex-Queen this was one of the hardest fought legal battles of the trials. The defense endeavored to break down the evidence of Samuel Nowlein who, it was understood, was to be one of the principal witnesses against Liliuokalani. All attempts in this direction were futile, however, it being shown that Ashford had acted as one of Nowlein's advisors and was conversant of the proposed outbreak. V. V. Ashford had always been active in

politics, and with his brother C. W. Ashford, was always known as a rebellious spirit. He had been prominent in military circles during the reign of the Monarchy, and at one time was forced to leave the country for his participation in political plottings. After the overthrow he returned and immediately became affiliated with the royalist cause,

The most prominent persons brought before the Court from this on were ex-Queen Liliuokalani and Jonah Kalanianaole commonly known as "Prince Cupid." Their trial will be dealt with more fully in succeeding chapters. Outside these the time of the Commission was taken up principally with the trial of natives who had been connected with the affair, either as active participants in the field or guards and messengers during and previous to the outbreak.

The trial of the last case brought before the Commission ended March 1. The Commission did not adjourn sine die, however, until March 18, when all the men against whom the government held serious charges had left the country, and many who had been imprisoned during the outbreak were released.

During its session of thirty-six days, 191 prisoners were brought before the Commission. Of the 176 prisoners charged with treason five were acquitted, and in the cases of sixty-four, notably the natives on guard at Washington Place and witnesses who turned States evidence, sentence was suspended. Only two of the fifteen charged with misprison of treason were acquitted.

The

The first of the sentences were made public on February 12, when a number of natives found guilty of treason were sentenced to five years imprisonment at hard labor. A few days latter followed the sentences of Volney V. Ashford and John F. Bowler, convicted of misprison of treason, Ashford being sentenced to one year's imprisonment with $1000 fine, and Bowler to five years' imprisonment and $5000 fine. On Saturday, February 23, the sentences of the leaders were published as follows: Charles T. Gulick, W. H. Seward, Robert Wilcox, Samuel Nowlein and Henry Bertlemann, each thirty-five years' imprisonment at hard labor, with a fine of $10,000. Military Commission had sentenced these men to suffer the death penalty, which sentence was commutted by the President as above. Sentences were suspended in the cases of Nowlein and Bertlemann, they having given important evidence. The other leaders sentenced were: T. B. Walker, thirty years and $5000 fine; Carl Widemann, thirty years and $10,000 fine; W. H. C. Greig, twenty years and $10,000 fine; Louis Marshall, twenty years and $10,000 fine. The ex-Queen was sentenced to five years' imprisonment with $5000 fine and Jonah Kalanianaole, commonly known as "Prince Cupid" to one year with $1,000 fine. J. A. Cummins received the same sentence as exQueen Liliuokalani but was released on payment of fine. The sentences of the others who were mostly natives and half castes, ranged all the way from five months to five years imprisonment, the fine, as a rule, being stricken out by the President.