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the Royalists who were arrested were denied the privilege of sending for attorneys, and he (Mr. Levey) would not be surprised if they arrested him at any time, and, in case they did, he wanted Mr. Ashford to go to the British Consul," for he (Mr. Levey) was a British subject, and had seen the Consul and they had agreed to demand his release, as they would demand a hearing at once, and if they did not find more than two (2) guns, he could not be held as a conspirator. Mr. Levey said the rest of the arms were concealed where the devil himself could not find them. When Mr. Ashford went out, Mr. Levey turned to me says: “ Crandall, in case
we should want a little of your assistance in the way of a pitched battle, within the next week or two, would you be willing to give it?” I told him I would, in order to get all the information possible. He then asked me if I was equipped with any arms and I told him nothing but a revolver, and then he said he would like to get hold of a few revolvers and wanted to know if I could loan him mine, to which I made no reply.
M. F. C.
P.S.-Mr. Ashford asked Mr. Lever how long before they expected that boat. Mr. Levey said as they had had no news they were looking for it at any time.
ANNEX L. 11.
BRIEF BY MR. NEUMAXX. In the matter of the Claim of L. J. Lerey against the
Hawaiian Government. The précis of the Hawaiian Government in answer to the claim of Mr. L. J. Levey, an auctioneer and commission merchant in the city of Honolulu, opens with the affidavit of E. G. Hitchcock, Marshal of the Republic of Hawaii at the time of the insurrection of 1895.
Mr. Hitchcock's affidavit commences with a statement of the political opinion and affiliations of Mr.
leaders of that party
(Royalist) ceased to declare how restoration was to take place, “but gave the other side unmistakably to understand that it was by force.” In support of this conclusion of his, Mr. Hitchcock says:
The extraordinary preparations made by the Government and its supporters is conclusive proof of the genuineness of their belief in the revolutionary purposes and intentions of the restoration party." By this it seems that the Hawaiian Government seeks to justify the arrest of Mr. Levey because it chose to become frightened at the reports of Hitchcock's spies and surround their public buildings with sand-bags and cannon, and to have their armed troops patrol a peaceful town. With equal force could they justify the arrest of Mr. Levey by the “extraordinary preparations,” such as massing of their troops and sand-bags, fortifications, which occurred at the time that the United States Minister presented President Cleveland's futile demand to the Provisional Government in December 1893, or by the like “extraordinary preparations " which occurred during the numerous - scares happening during the existence of the Provisional Government.
Mr. Levey's auction rooms are said to have been “a regular rendezvous for the active workers on the Queen's side,” and that Hitchcock heard that “many private conferences between Royalists were held in his (Levey's) back room.'
Mr. Levey's place of business was a public auction room, open during business hours to the people in general and frequented by all classes of the population of Honolulu, yet, strange to say, the only people noticed going into the auction rooms by the spies were Rovalists"; they say nothing of the others, whites,
and other nationalities, who were not Royalists,” that were in the habit of attending Levey's sales and crowding his place of business. Levey's place of business was situated on one of the most prominent street corners in Honolulu, and is it reasonable to suppose that men, knowing that spies were as numerous as grains of sand on the sea shore, would openly congregate there to concoct conspiracies for the violent overthrow of the Government? If politics was talked on
In Honolulu at that time, the political feelings were at fever heat, and the sole topic of conversation among the people, whether in the counting-house, their homes, or the street corners, was the all-absorbing subject, politics. If Levey was, as Hitchcock says, a leader of the Royalist party, what would be more natural than for his friends, entertaining similar views, to call on him and discuss each new phase of the subject uppermost in all minds? Admitting that Royalists went there 'o talk politics, does that show a conspiracy, or that Levey was in any way implicated or concerned in a deep and dark plot to import arms, ammunition and men to levy war upon the existing Government ?
On the contrary, men entering into such a scheme, the discovery or failure of which would cost them perhaps their lives, at least their liberty, would naturally meet in secret places and observe all possible precautions against discovery, and not meet and expose their plans to the public gaze. What if Mr. Levey attended Royalist meetings and helped to get them up—that was his privilege, guaranteed to him by the Constitution and laws of the Republic of Hawaii. What if he freely and publicly expressed his opinions—that, also, was his right, for the right of free speech is guaranteed and given to all by the same high authority; if he had trangressed the laws by uttering sedition or counselling it, there was Act 8 of the Provisional Government providing for the punishment of seditious offences, under which he could have been called to account. Do any or all such acts recognized by the law indicate a conspiracy? On the contrary, they show the endeavour to accomplish a desired end by lawful
As Mr. Charles T. Gulick had a large and established business as a general business and commission agent, what is more natural than that Levey being engaged in nearly the same line, should have frequent dealings with and have occasion to visit him often. That Mr. Gulick was at these times engaged in a treasonable plot cannot in any way tend to implicate Levey any more that dozens of other's who may have visited Gulick during this period. In order to connect Levey with Gulick's plots and thereby justify his arrest, there must be something stronger showil than the ordinary intercourse of two business men during business hours.
course politically paved the way for a belief on my part that he had talked as reported by Crandall. I believe in his guilt then and now.
The Crandall to whose statement Hitchcock refers, a confessed
spy in the pay of the Police Department and the Custom House, expresses over his own signature, his disbelief in all the rumours he had heard. (From Levey and presumably others.) See claim of C. W. Ashford
Crandall's occupation by his own admission was a unique one, for he says: “I was employed by J. B. Castle, Collector of C'ustoms to follow up the opium swindlers and also to keep an eye on the Royalist plotters. The value of his statement may be gauged by the bias of his mind and too apparent desire to propitiate his employers by laying everything bad at the door of the Royalists, for in the very next sentence to the one above quoted he says: “I very soon found that the smuggling fraternity were also Royalists almost without exception; when I speak of the smuggling fraternity I mean those who are under suspicion.”
Crandall evidently started out with the premeditated intent to find something against the Royalists, whether it existed or not, for he knew that he would lose his situation if he had no reports to make. He had probably heard of the evidence of one of his fellow spies, Henry von Werthem (now in California) in a case in the District Court in which Von Werthem swore that Hitchcock the Marshal, reprimanded him for not reporting something about the Royalists and threatened to discharge him unless he could report something in a short time.
Acting on the privileged principle that it would be better to manufacture alleged statements than lose his salary, especially when such reports in all probability could for ever' remain secret. undoubtedly many of the spies have without foutation accused innocent
Viewed in this light and from the fact that all Levey's statements to Crandall were made in an open and public place, and are entirely uncorroborated, but little weight or credence should be attached to Crandall's report and
is extremely improbable that Levey would, after, as Crandall says, a casual acquaintance of two weeks with a total stranger, make such statements and there expose the plot of the Royalists if one had been in existence. The same may be said of the statement that after he, Crandall, saw C. W. Ashford and Mr. Ross talking with Levey that Levey told Crandall that their conversation which Crandall admits not having heard, was to the effect that
troops were expected from abroad, either from San Francisco or Vancouver, and were to be landed on the other side of the mountain and were to come over the Pali in the night time,'' &c. (see Crandall's statement in claim of C. W. Ashford p. 63). Of this statement, Mr. Crandall reports that his candid belief is that there is no truth in it (see p. 43, same case).
At the time of the arrest of Crick, Bush and Nawahi, houses occupied by Royalist sympathisers were being searched without warrant and threats were openly made by Government officials and their followers that all Royalists were to be arrested, and as Mr. Levey was an avowed Royalist sympathiser, what would be more natural than for him to send for Mr. Ashford who was his attorney and instruct him what course he wished pursued in the event of his, Levey's arrest and detention without bail. But it is extremely unlikely that Levey and Ashford would indulge in any such conversation regarding boats and arms before two witnesses, one an almost total stranger. Nor is it likely that at the time he was expecting arrest that Levey should speak to Crandall about "pitched battles and seek to borrow firearms, when it is remembered that all this took place openly in the public auction rooms. In fact, the inconsistency of Crandall's statements are so apparent that they show how unreliable they are, for in one breath, Crandall says that Levey declared that he had arms hidden and in the next, declares that Levey desired to borrow his revolver. Crandall's statements as to James B. Johnstone, alias Adams, and his conversations with Mike Bailey are not pertinent to the issue and cannot implicate Levey
Mr. W. A. Kinney, the Judge Advocate, in his affidavit after a somewhat lengthy excuse for not being able to find any evidence against Levey, after his arrest and during the five weeks of his incarceration, says: “I had not completed the investigation of vir Lever's case when he