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Reports of Committee on Foreign Relations 1789-1901 Volume 6 pp820-821 300dpi scan (VERY LARGE!)

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The Chairman. Who were the supreme court judges of Hawaii?

Mr. Alexander. A. F. Judd, R. F. Bickerton, and W. Frear. The first is chief justice and the other two are associate justices. They are in for life—good behavior. They can be impeached.

The Chairman. Mr. Dole, the present President of the Government, was a member of that court?

Mr. Alexander. Yes; he resigned.

The Chairman. Did he resign during the reign of Liliuokalani?

Mr. Alexander. Yes; the last day of her reign, or the day of the revolution.

The Chairman. On the 14th or 16th of January?

Mr. Alexander. I think it was the morning of the 17th.

The Chairman. To whom did he address his resignation, to the Queen?

Mr. Alexander. To the cabinet.

The Chairman. Are you positive about that?

Mr. Alexander. No.

The Chairman. It was to Liliuokalani or her cabinet?

Mr. Alexander. Undoubtedly.

The Chairman. He did not resign to the Dole Government?

Mr. Alexander. No.

The Chairman. You are sure of that?

Mr. Alexander. I think so; but that is rather an inference on my part. The fact can be accurately ascertained. The new Government had not been organized. I think there is reason for believing it was to the old government that he resigned.

The Chairman. Did Mr. Dole's resignation leave 3 judges on the bench?

Mr. Alexander. No ; it would leave 2.

The Chairman. You have just stated that the court consisted of three members, and you gave their names.

Mr. Alexander. The question, then, is when Frear came on to the supreme court bench.

The Chairman. Did Frear take Dole's place?

Mr. Alexander. I think he did; yes, sir.

The Chairman. Who appointed him?

Mr. Alexander. Frear had been appointed during the Queen's reign to the position of circuit judge when Jones and his colleague were ministers.

The Chairman. The Wilcox cabinet?

Mr. Alexander. Yes; I think they appointed him circuit judge.

The Chairman. When did Frear become a supreme court judge?

Mr. Alexander. He was appointed to take Mr. Dole's place.

The Chairman. By the House?

Mr. Alexander. By the present government, I think.

The Chairman. I would like to have those facts accurately, if I can get them.

Mr. Alexander. I can verify it when I go home.

The Chairman. I wish you would; I would like to get those things down right. Have you any knowledge of a case where a clerk of the supreme court was removed because of disloyalty?

Mr. Alexander. I have heard of a case.

The Chairman. Who is the party?

Mr. Alexander. F. Wunderberg.

The Chairman. Is he a man who had been previously connected with some of these political affairs?


Mr. Alexander. Yes; he took an active part in this last revolution.

The Chairman. On which side?

Mr. Alexander. On the side of the revolution. He was one of the committee of safety. He was employed to look up arms.

The Chairman. Is there any other person of his name who has been connected with these political affairs?

Mr. Alexander. No; he was tried before the court on this charge.

The Chairman. Before what court?

Mr. Alexander. The supreme court.

The Chairman. Was he the clerk of the supreme court?

Mr. Alexander. He was clerk of the supreme court.

Senator Gray. When was he tried?

Mr. Alexander. Well, it was recently.

The Chairman. Under the Dole government?

Mr. Alexander. Yes.

Senator Frye. It was treason under the Dole government?

Mr. Alexander. Yes. He had a hearing before the court, and I think he had an attorney. I think C. W. Ashford assisted him as attorney. The case was argued before the court.

Senator Gray. What was the result of the trial?

Mr. Alexander. I know the judges removed him.

The Chairman. For disloyalty to the Dole government?

Mr. Alexander. Yes.

The Chairman. Was some one appointed in his place?

Mr. Alexander. Yes; but I am not certain now who it was.

Senator Gray. What sort of trial was it? Do you mean it was an indictment for a criminal offense, treason, and regularly prosecuted?

Mr. Alexander. No; I think it was not a trial.

Senator Gray. It was an examination before the judges, who had the power of appointment to that position, for the purpose of determining whether they would remove Mr. Wunderberg—that sort of trial.

Mr. Alexander. Yes. Then he said he must have a public hearing, a chance to defend himself in open court. I think it was not a criminal trial.

Senator Gray. Do you know Mr. Wunderberg personally?

Mr. Alexander. Yes.

Senator Gray. How old a man is he?

Mr. Alexander. I should think he was 40.

Senator Gray. Is he the man whom the Provisional Government offered to make collector of customs?

Mr. Alexander. Yes.

The Chairman. The information in that case was printed in the newspapers in Honolulu?

Mr. Alexander. I think so.

Senator Gray. Was Mr. Wunderberg a man of good character?

Mr. Alexander. He was a man who was honest in business matters— financial matters.

Senator Gray. Did he bear a good reputation for honesty in the community in which he lived?

Mr. Alexander. I think he had a fair reputation for honesty; he had been politically a singular man.

Senator Gray. I am not talking about that. I know you gentlemen have very intense feelings in politics. Separating that entirely, is his character for honesty and fair dealing between man and man good or bad?

Mr. Alexander. I think it was.

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