ANNEX T. 18.

Extract from the Report of the Governor of Hawaii, transmitted by the British Embassy to the Foreign. Office on December 21, 1900.

CLAIM OF E. B. THOMAS.

THE additional matter in this case consists of the brief of Mr. Neumann, counsel for the claimant, and of the claimant's statement.

The most important evidence against Mr. Thomas is contained in the statements of J. L. Osmer and A. D. McEvoy, both Government detectives.

It appears that at the time in question Mr. Thomas was a member of a company in wrecking a vessel which was ashore on the island of Molokai, and for this purpose the company had placed a quantity of dynamite, fuses and caps on board the schooner Haleakala,

chartered by them. Owing to the strong current about the wreck they had not been able to use the greater part of these explosives, and they remained on board during several trips from Honolulu to the vicinity of the wreck. The master of the "Haleakala," Captain Kaai, testifies to this, and, as Mr. Neumann correctly states in his brief, "this testimony of Kaai's shows clearly that the dynamite found on the schooner by the Marshal was there openly and intended for a legitimate purpose, there being absolutely no attempt to conceal it." So far there was nothing suspicious in Mr. Thomas' relation to these. explosives.

Mr. Osmer, who passed himself off as hostile to the Government, had several interviews with Mr. Thomas in which there was considerable seditious talk. He testifies, among other things, that by the last week in November we had several conversations and at that time he invited me into his shop on King Street, between Maunakea and Nuuanu on the mauka side of the street, and after I was in there, he said among other things, there is no use, Osmer, we have got to do these missionaries up; their Government is not going to last very long, anyhow. That he had 50 pounds of giant powder ready at any time to be used. . . .`` This conversation. reported forthwith by me to Captain Parker (Captain of Police) (P.C.B.C.ˇ p. 54). Sunday night at about eight o'clock, just opposite the Salvation Army barracks on King near Fort, I again met Thomas and had a conversation with him; he took me up to Hotel Street to

was

the Chinese coffee saloon, opposite Roach's barber shop; Thomas commenced to vent his feeling 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 halfhour's conversation. At the time he said to me in 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 harbour here.' And then he 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. O. Smith, the Attorney-General; E. G. Hitchcock, the Marshal; President Dole and Minister King. In 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 morning at the Merchants' Exchange; I understood at that time when we met that we would get the giant powder; Monday morning at half-past 9 or 10 o'clock I went to W. O. 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 town to his office, and I there met him and had a conversation with him, 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 that schooner that Monday night; my understanding with the Attorney-General was that if this man he placed there caught Thomas alone or with me coming away from the schooner with any parcel or package to arrest us at once and take us to the Station House; after making this report to W. O. Smith, I also told Captain Parker about it that Monday. In pursuance of that arrangement some thirteen or fourteen specials, as I afterwards learned, were placed along the dock; at the appointed time I met E. B. Thomas at the Merchants' Exchange, and, to my surprise, he knew about these specials, and said: 'there are fourteen men posted along the dock. It is evident that some one has given the matter away. 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 company 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 the 10th December. E. B. Thomas, before we went down to the wharf told me that the matter would be put off for a couple of nights. I next met Thomas on Thursday night on the corner of Nuuanu and King at about halfpast 7 or 8. Thomas and I had a few words about my case which was coming up the following Monday at the Police Court. (This (This was a case about a gun said to belong to Osmer, which had been discovered by the police at the Merchants' Exchange.) He said your case will not be tried, the Government will be done up before that time, the Royalists are all ready." (P.C.B.C. pp. 56-57.) Mr. McEvoy's statement is as follows:

On or about the 1st 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 be 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'd be damned if he was going to live under a Republican form of government, and he would spend his last dollar towards its overthrow.'" (P.C.B.C.. pp. 60-61.) Mr. Neumann argues in his brief that "Thomas' declarations as to the desire to blow up certain persons, as to the possession of giant powder, and his frank statement as to its whereabouts, when considered to have been made in such public places as a saloon, and while he was to a greater or less extent intoxicated, can be considered in no other light than the empty sayings of a man totally irresponsible for his words. (Thomas Affidavit, pp. 2–3.)

This might be a good argument before a jury if it fitted the facts, but, as we get them from Osmer, the four meetings between him and Thomas referred to in the above reference to Osmer's statement were:

1. Last week in November at Thomas' shop on King Street.

2. Sunday night at Chinese coffee shop, and on the
corner of Nuuanu and King Streets.

3. Monday night, the 10th December, at Merchants'
Exchange, the only mention of a saloon, and
Thursday night at corner of Nuuanu and
King Streets,

Mr. Thomas' affidavit does not satisfactorily meet the evidence against him. The statement that he always knew that Osmer was a Government spy does not accord with Osmer's story of Thomas' desire to bail him when arrested (P.C.B.C., p. 56), which is not denied by Thomas.

These detailed and circumstantial statements went to the officers of the Government whose duty it was to preserve order and defend the Government from assault, and it cannot be said with reason that Mr. Thomas' arrest and detention made under this information. and under the circumstances, was without excuse or probable

cause.

I do not find that the additional matter changes the status of Mr. Thomas' case or shows a liability on the Government to damages for his arrest and detention.

ANNEX T. 19.

Deposition of Mr. E. B. Thomas.

· Honolulu, Island of Oahu, Hawaiian Islands, ss. :

I, EDWARD BEDFORD THOMAS, of Honolulu, Hawaiian Islands, a British subject, and petitioner to Her Britannic Majesty's Government for redress against the Hawaiian Government, being duly sworn, depose and say that I desire to present the annexed statement, prepared by my book-keeper. D. H. Lewis, as showing my business transactions from the 1st January, 1891, to the 31st December, 1894, a period of four years.

I present this statement under oath as being an accurate statement of my business for that period, as shown by my books, but not as accurately showing the actual receipts or volume of business of that period, inasmuch as, by the custom of builders and contractors here, many minor and profitable transactions are not recorded owing to pressure of business, or for other reasons not relevant to this matter.

I further say that I present it as supplementary to, and in conjunction with, previous statements made by me in connection with my claim against the Hawaiian Government for redress for my arrest and imprisonment as a political suspect during the months of January and February 1895, and with a view to a fair estimate being made as to the compensation justly due to me for trade losses.

From the summary of this statement it will be seen that for the year ending the 31st December, 1891, the

actual volume of business transacted by me was 46,182 dol. 27 c., leaving me a net profit of 11,760 dol. 85 c.; for the year ending December 1892 the actual volume of business increased to 56,616 dol. 77 c., but the net profits fell off to 9,018 dol. 2 c.; for the year ending 1893 the total volume of business was reduced to 18,278 dol. 54 c., and the net profits to 4,469 dol. 49 c.; while for the year 1894 the volume of business amounted to only 6,291 dollars, with a net profit of only 448 dol. 34 c.

The cause for the decrease of my business in 1893 and 1894 was due to the fact that the influence of those in possession of the Government after the establishment of the Provisional Government in 1893 was brought to bear in opposition to me, and in the encouragement and support of my business rivals. I further assert that it was this same influence which was exerted to cause my arrest and incarceration in January last, in order not only to remove me from the field of competition, but also to injure me in business and to destroy my credit.

During the first six months of 1895 I practically did no business, and yet had expenses to incur averaging about 167 dollars a month. Since my release from imprisonment on the 28th February I have averaged business of about 275 dollars a month, with a net loss of about 150 dollars per month, with unknown prospective profits; but here again I find the influence of the Government opposing me in my business prejudicial to my credit; having been refused a Government contract, although I was the lowest bidder, as will appear by the copy of the bid for tenders and the award, hereto attached.

I would further say that large contracts were open to competition during the early months of this year and during the time I was incarcerated, but from which I was prevented from bidding owing to the circumstances under which I was placed.

For some months during this year I was unable, at times, to procure the necessaries of life for myself and others connected with me, except through borrowing from reluctant creditors.

I believe that I am acting honestly and fairly in estimating my actual business losses as contractor and builder at the equivalent of the average of the earnings of the four years recited in the annexed statement, or 6,425 dollars for one year, inasmuch as I believe that had I not been incarcerated, and my opportunities and credit injured by the imprisonment, I would have been enabled to have made