translator to successive Hawaiian Governments, and, as part of his duties, watched the newspapers; and W. A. Kinney, who acted as Judge Advocate in January 1895.(7) These affidavits and the relevant portions of the note constituted the reply of the Hawaiian Government to the British representations. A comment and criticism on the evidence then supplied by the Hawaiian Government will be found in the brief of Mr. Neumann, counsel acting on Kenyon's behalf, (10) attached to which is a second affidavit by Kenyon, dated the 7th December, 1895.(199) Compensation is claimed on behalf of G. Carson Kenyon on account of his imprisonment and the indignities suffered in connection therewith, at the rate of £15 per day, viz., £675, together with £200 for loss of business, and £250 for the legal and other expenses to which he was exposed; i.e., £1,125, with interest from the day on which the case was first brought to the notice of the Hawaiian Government up to the 26th April, 1912. List of Annexes. CONTENTS. ... Page 293 ... 296 ... 299 300 ... 305 307 ... ... 310 ... 311 K. 1. Affidavit of G. Carson Kenyon, dated March 19, 1895 1895 K. 3. Affidavit of J. A. Low, gaoler of Oahu Prison, dated November 4, 1895 K. 4. Affidavit of John G. M. Sheldon, dated November 2, 1895 ... K. 5. .. W. L. Wilcox, dated November 4, 1895 W. A. Kinney, K. 6. (107) Annexes K. 2, K. 3, K. 4, K. 5, and K. 6, pp. 296–306. (109) Annex K. 8, p. 310. ANNEX K. 1. (Enclosure 9 to Annex 13, see p. 44.) Statement of G. Carson Kenyon. ABOUT 8 o'clock on the evening of the 12th January, as I was proceeding peacefully about my business down Fort Street, I was arrested by two officers, one armed with a rifle. Their names were Albert McGurn and Aleck George. I was taken to the station-house and searched, and my keys, watch, chain and pendants, knife, lead pencil, money, and papers were taken from me. My pipe and tobacco and matches were left on me, as well as my card-case, which escaped their notice. I was then hustled down into the yard of the police station and put into a cell. There was only a hard wooden bench in the cell-nothing else. A blanket was thrust in through the window to me. I requested to send three messages. The man who thrust the blanket in said I could have no paper or writing materials, but that they would attend to the messages themselves. I told him wished word sent to my aunt, Miss M. F. Agnew, with whom I reside, that, as she was alone in the house, and my non-return that night would cause her anxiety, my whereabouts and my arrest might be told her, and also to my employer, D. Logan, editor of the Bulletin," and also that I wished to see the British Commissioner. He said those things would be attended to, but I afterwards learned they were not. About ten minutes afterwards I was taken out of that cell and put into another, wherein were two half-whites, named George Markham and H. S. Swinton, and a dirty, repulsive white man, usually styled “Alabama Mitchell.' Here I spent that night, lying down in my clothes, as I had no change of garments or night-clothes with me when arrested. The following day-Sunday, the 13th-I spent in that cell, only being allowed out for purposes of nature, and then with a guard at my heels all the time till I returned to my cell and the door was locked. Swinton was treated in the same manner, but Markham and Mitchell were allowed out freely at their own requests as often as they liked, and were not followed about. Some of the native prisoners told me that they believed these men to be Government spies, merely arrested and put into cells with other people for the purpose of eliciting incriminating facts from those confined with them. That was also my own opinion, based on knowledge. During the morning Swinton was taken from the cell. On his return in about two hours he told me he had been upstairs in the Marshal's office, where 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 I was told I was to go over with others to the gaol. 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-whites. We were in charge of armed guards carrying magazine rifles and wearing cartridge belts. On our arrival at the gaol we were released from the handcuffs (being about 5 P.M.) and ordered to give up any knives, papers, matches, and writing materials we might have, but not personally searched. Walker and I were then taken to have some food and then placed together in a cell on the ground-floor, where a hammock and a blanket were given me. A bucket with a wooden cover was the only other furniture of the cell. The door was locked on us about 5-30 P.M. and not opened till 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 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 130 P.M., and then from 2:30 P.M. to 440 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. The guards and gaolers were civil enough. to me as far as the regulations permitted. On the morning following my arrival in the gaol I asked to be allowed to write to the British Commissioner. I was refused, but gaoler 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 that 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 gaol, 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 Marshal and Judge Advocate Kinney), and then through each of the others who signed the document, and then from gaoler Low to my aunt, Miss Agnew, telling her if I didn't sign I would get surely three or five years' imprisonment at hard labour. spurned all these offers and the accompanying threats of imprisonment with indignation as I had no part in, or knowledge of, the attempt at revolution prior to its outbreak. On the 25th February I was told I was released. I asked Mr. Low, "What for?" He replied, I don't know. I was telephoned to discharge you, so I have no further authority to hold you. I am a British subject by birth and parentage, and am duly registered as such in both the Vice-Consulate and Consulate in Honolulu. I hold letters of denization from the late King and from the Republic of Hawaii. I held, when arrested on the 12th January, a pass written. in his own handwriting by Marshal Hitchcock under the authority of martial law, empowering me to go anywhere by day or night, good till the 15th January. No explanation was or has been made to me why or for what offence I was arrested, no explanation given of my deprivation of liberty from the 12th January to the 25th February, and I have never been examined, interrogated, or cross-questioned during that time, and I have never been brought before any Tribunal-competent or otherwise for any offence. My house was searched twice in one day during my enforced detention in gaol, and my aunt the only relative I have on these islands brutally assaulted without cause by an employé of the Government while on her own fee-simple premises while I was in gaol unable to defend her. I have lost my employment through my absence from work while in gaol and other injuries small, but annoying, have happened from the same cause. My letters were taken from the Post Office without my consent during my incarceration and opened; and so a knowledge of my private affairs given to the Marshal and his subordinates without my consent. G. CARSON KENYON. Signed and sworn to at Honolulu, this 19th day of March. 1895. In the matter of the Claim of G. Carson Kenyon. AFFIDAVIT OF E. G. HITCHCOCK. Honolulu, Oahu, ss. : E. G. HITCHCOCK, being duly sworn, deposes and says: I know G. Carson Kenyon, he has resided in this country for a long time. Has been a schoolmaster in the Government employ in schools composed of native children. Of late years he has drifted into newspaper and clerical work. He is a good Hawaiian scholar and can read, write and speak the Hawaiian language fluently. He has associated with the natives considerably more than most of the foreigners, who have been and are still agitating for the restoration of the Queen. Prior to the overthrow of the Queen in 1893, Mr. Kenyon was personal secretary and amanuensis for Charles B. Wilson, then Marshal and confidential adviser of the Queen. Mr. Wilson was then running the "Holomua as his personal organ and Kenyon was doing the writing for the paper: when the overthrow came Kenyon seemed to devote himself exclusively to the paper and ran the same in English and Hawaiian as a radical and violent opponent of the new régime and as an advocate of the restoration of the Queen To the Holomua, as conducted by Kenyon, and later by Norrie, |