ANNEX L. 14. Extract from the Report of the Governor of Hawaii, transmitted by the British Embassy to the Foreign Office on December 21, 1900. CLAIM OF F. J. LEVEY. THE only new material in this case is Mr. Neumann's brief. Mr. Crandall's reports of Mr. Levey's utterances (pp. 98, 99, 100, 101, and 102 P.C.B.C.) were, I submit, sufficient justification to Marshal Hitchcock to imprison Mr. Levey. Even if it was made up, as Mr. Neumann suggests, it was still a justification for Mr. Hitchcock, if he believed it, or did not know that it was fictitious. He said in his affidavit (p. 143, P.C.B.C.) I believed in his guilt then and now. Mr. Neumann, in his brief (p. 4), says that Crandall expresses over his own signature his disbelief in all the rumours he had heard. What Crandall did say was: "I will give you the last Report, although I do not believe there is anything in it." (P.C.B.C., p. 101.) This is the opening sentence of his Report of the 4th December, and cannot apply to his Report on the same page of 14th December. The death of Mr. Levey makes it unnecessary to consider this case any further. The Matter of Permission to leave the Country. * * Mr. Levey, in his affidavit (P.C.B.C., p. 3), makes no allusion to threats or duress for the purpose of inducing him to leave the country, but says he was advised to do so by his counsel, and did so as a choice of evils, as he had been informed it might be sixty days before he would be tried. G. CARSON KENYON. MEMORIAL IN SUPPORT OF THE CLAIM OF GEORGE CARSON KENYON is a British subject by birth, having been born at Talbot, Victoria, Australia, on the 17th October, 1859. Up to the date in January 1893, when the Provisional Government came into power, Kenyon was engaged in journalistic work at Honolulu, and was also acting as secretary to C. B. Wilson, the Marshal and confidential adviser of Queen Liliokalani. Wilson was the controlling force of a newspaper in Hawaii called the Holomua," a journal which contained both an English and a Hawaiian text. 66 After the overthrow of the native régime in Hawaii, Kenyon devoted himself exclusively to his work in connection with the "Holomua," and conducted it as a newspaper in opposition to the régime of the Provisional Government and as an advocate of the restoration of the Queen. A man named Norrie worked in co-operation with Kenyon, but Kenyon personality. was the dominating In the autumn of 1893 the financial difficulties and ceased publication, but was Holomua got into reorganised with Norrie at the head of it, and Norrie continued to run the paper on the same lines as before. From the reorganisation in October 1893 up till July 1894 Kenyon was without employment, and then became bookkeeper for the "Daily Bulletin," another Hawaiian newspaper, but he had no connection with the publication or editorial management of that paper. It is stated that he contributed articles occasionally to the "Holomua. In October 1894, Kenyon received letters of denization of the Republic of Hawaii, and took the usual oath required in that behalf, but under that oath his British nationality and allegiance to the British sovereign were specially reserved. It is admitted in the affidavit of E. G. Hitchcock, Marshal of the Hawaiian Government, that Kenyon took no part in the actual hostilities. He received, in common with all other newspaper men, a pass, good up till the 15th January. Kenyon states in his affidavit that pass empowered him to go anywhere by day or night. [11488] this The story of Kenyon's arrest is contained in his affidavit of the 19th March, 1895.(1) He was not arrested until after the rising had been crushed, and Mr. Hitchcock's affidavit (1) states that the arrest was effected after actual hostilities in the field were over and because the newspapers began to make themselves heard again, and, therefore, it was considered dangerous for Kenyon to be at large. Kenyon was arrested on the 12th January and taken to the Station House and searched, and his keys, watch, chain, pencil, money and papers were taken from him. He was then taken to the yard of the police station and put into a cell containing only a hard wooden bench, a blanket being thrown in through the window. Kenyon asked to be allowed to send word to his aunt, Miss M. F. Agnew, with whom he lived at Honolulu, and who was alone in the house; to his employer, the editor of the "Bulletin, and to the British Commissioner and Consul-General. He was told by his gaolers that the messages would be attended to, but they were not. A few minutes later he was taken out of that cell and placed in another cell with two half-whites and another low-class person named Alabama Mitchell. In the afternoon of the following day Kenyon was taken out of the cell and was informed that he was to go with others to the gaol. He was handcuffed to another British subject named T. B. Walker, and, while handcuffed in this manner, was marched through the streets through crowds of spectators. The company conducted to the gaol consisted of about thirty people, most of whom were natives or half-whites. The party were in charge of armed guards carrying magazine rifles and wearing cartridge belts. The handcuffs were removed on arrival at the gaol. Kenyon and Walker were placed together in a cell on the ground floor in which Kenyon was given a hammock and a blanket. The conditions of his imprisonment may be judged from the following extract from his affidavit: A bucket with a wooden cover was the only other furniture of the cell. The door was locked on us about 5:30 PM., 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, (103) Annex K. 2, p. 296. and that night we were shifted into a different cell. The cells are about 7 feet by 5 feet and 9 feet high. I was, altogether, in seven different cells during the time I was in gaol, 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 always more than twenty out of the twenty-four, and, at first, being from 5.30 P.M. continuously to 9 o'clock the following morning; then from 10-30 A.M. to 1.30 P.M., and then from 2.30 P.M. to 4.30 P.M. Our food was of poor quality and badly cooked, and at times insufficient to meet the demands of ordinary appetite. No reading was possible in the cells except after 7.30 A.M. and before 5.30 P.M., owing to want of light. The stench from the bucket in the cell was at all times bad, and sometimes insufferable. civil enough to The guards and gaolers were permitted." as far as the regulations me Attempts were made, while Kenyon was imprisoned in the gaol, to induce him to sign a statement that he was guilty of complicity in the revolution and would leave the country if given his liberty, but he refused to comply with these suggestions. On the 25th February he was released unconditionally. During the period of his detention his house was searched and his aunt, Miss Agnew, assaulted. He also states that he lost his employment through his absence from work while he was in gaol, and that his letters were taken from the post office without his consent and opened. On the 26th August, 1895, Mr. Hawes, British Commissioner and Consul-General, made formal representations to the Hawaiian Government on behalf of the British subjects who had been arrested in January, including G. Carson Kenyon, (104) and transmitted in his note Kenyon's affidavit of the 19th March, 1895.(195) The reply of the Hawaiian Government was contained in Mr. Hatch's note to Mr. Hawes of the 4th November, 1895.(106) It contained affidavits by E. G. Hitchcock, the ex-Marshal; J. A. Low, the gaoler of Oahu prison; J. G. M. Sheldon, a half-caste, who had worked under Kenyon on the staff of the "Holomua"; W. L. Wilcox, who had for a long time been official interpreter and (104) Annex 13, [11488] 293. p. |