Mahalo to MAB for pointing to this article on the Kaheleiki trial, 1863.

“Better that Ten Guilty Should Escape, than that One Innocent should Suffer.”

One innocent Hawaiian, named Heleiki, came very nearly being hung in San Francisco, under the authority of the Supreme Court of the United States. The report of his trial and release have already been published, but the case is one which presents many interesting and important points of consideration for judges, lawyers, witnesses, philanthropists, and all who can employ the sentiment of the old Roman poet, Terence: “Whatever concerns humanity, concerns myself.”

In referring to this case, we shall allude to events which transpired even before the murder of Capt. Hussey, of the William Penn, off Strong’s Island, on the 6th of November, 1852. In October of that year the schooner Glencoe was cut off and burnt, and every man killed, at Ebon, one of the Marshall Islands. The natives disposed of some of their plunder and money taken from the Glencoe, to Capt. Hussey. A few days subsequently, Capt. H. was killed by a native of Oahu, one of his sailors. By referring to the Friend of July, 1853, we there find published a letter written by Dr. Gulick, and dated “Ascension, Feb. 19, 1853,” and from this communication we quote as follows:

“It is reported that a California schooner has been cut off in the Radack Range, at Boston or Coville (Ebon is the native name) Island, and a whaleboat’s crew who arrived, too weak to walk, were also killed, as they crawled up the beach. * * * Several whaleships have since taken from that island considerable sums of money. Capt. Hussey, it is said, received over a thousand dollars. It was for this money that one of his crew, a Oahu native, killed him. That native has since been killed on Simpson’s Island, by one, it is said, whom he himself was about to shoot. Thus do ‘the dead bury their dead,’ and murderers execute murderers.”

Now, after nearly ten years have rolled away, certain persons belonging to the William Penn inform against the innocent Heleiki, and he is thrown into prison in San Francisco. Most providentially for the interests of justice, and the fate of Heleiki, Dr. Gulick was passing through San Francisco, soon after the man’s arrest. He visited him in prison, and became throughly convinced of his innocence. He now set to work with the spirit of a Howard. But we cannot go into a full detail of particulars, although they deserve to be collected and put into some permanent form for preservation. We hope when Dr. Gulick returns, that he will do it. Suffice it to say, that through the courtesy of United States Judges, the ability of able lawyers, the correspondence of consuls, the collecting of evidence, and, finally, the visit of a deputation of witnesses, sent to San Francisco by the Hawaiian Government, the man Heleiki is fortunate enough to escape without being hung and has returned to Honolulu.

This case is most interesting and important for several reasons:

1. The man’s life is saved, and the innocent escapes a felon’s doom, on the evidence of men belonging to a copper-colored race! Mark you, there are some parts of the professedly civilized world, where the testimony of His Honor Judge Ii would not have been admitted. It is only recently that his evidence would have been admitted in the State Courts of California; but to the honor of the U. S. Court, there was no question upon this point.

2. The Hawaiian Government has shown a magnanimity and zeal in behalf of one of its humblest subjects, when falsely accused in a foreign land, worthy the most enlightened, most civilized, and most Christian nation on earth. We feel proud to dwell under its broad Ægis. Here let us remark, that while citizens of the United States may feel proud of their Supreme Court, and Englishmen may feel proud of their high Courts, so may Hawaiians be equally proud of their Supreme Court, presided over by such judges as Chief Justice Allen, Judge Roberson, and Judge Ii—the latter having just returned from his most honorable mission to California.

3. This is a case which cheers the heart of the missionary and philanthropist.

4. This is a case which should teach witnesses that they ought to be very cautious how they swear as to the identity of a man, after ten years have elapsed.

[See earlier article: Government officials to go to California to defend a Hawaiian citizen. 1863.]

(Friend, 5/1/1863, p. 33)

"Better that Ten Guilty Should Escape, than that One Innocent should Suffer."

The Friend, New Series, Volume 12, Number 5, Page 33. May 1, 1863.

Mele Inoa for Kauikeaouli, Kamehameha III. 1862.

HE INOA NO KAUIKEAOULI.

Auhea wale ana oe, kapua hau o Maleka,
Ke au nei ka manao, Pehea o Niagala,
Kela wai kamahao, wai halulu o ka moano,
Nene i na moku, lohe aku nei Lukini,
Ua ana ia Kuleke, aohe i hopo Ladana,
I ka nui o Asia, hue a ke kaona nui,
Laki ka moana Iniana, ehuehu Enelani,
Ke kowa o Sekotia, aita oe e palau,
No’u o Ainahau, a ka wai o Nolewai,
Pau mai ko’u palena, ilaila a’u la oki,
Lawe u’a linohau, a ai ka manu iluna,
I kilohi iho kuu hana, he nani o Hudesona,
Kaikuono Papine, mea ua ae ia,
Me oe a ke aloha iwini o ke aumoa,
Auhea wale ana oe, e ka uneune puuwai,
E ke kaukini ma-lo, nana i ue laholio,
Hoomaloe i kuu kino, hooueue i ka moe,
Lana koi kahi manao, halanalana i ka leo,
O ua mea ino nei, he hoouluulu ia,
Keehi pono i ko haka, i luhi lai ko kahu,
A ao luau ai, pau ko aumakua pi kai a kaua,
I ka lihi kai o lalo, eia la he manao,
Kai hiki mai ia nei, e kali iki iho oe,
A hala ae Welehu, ka malama ino ke kau,
Hiki ae la ia Nana, pe oi kahi manao,
Olu ka noho na o ka lani me oe a ke aloha,
Iwini o ke aumoe, i mai nei o Piuta,
Ua hala kou palena, aohe koina oonei,
O kou la luu loli, a lae hao au lohe,
Ilaila ka wahine Ia, nana i nai ka moana,
He ukali aina ahi, i ka lae o Kepohoni,
Aia iho o Palema, ke noho la i ka hema,
Nana e kuhikuhi mai, ka lonitu akau,
Ike ia na degere, na kuea o ka honua,
Alo mai Kapena Kuke, ka noe i Nouaiki,
Ikiiki wale hoi au, i ka lohe pepeiao,
E ake ko’u manao, ka ike ia Panama,
I pau kuu kuhihewa, i ke kai o Inia,
Nopia o Iapana, ke hui me Ualana,
Me oe a ke aloha, iwini o ke aumoe.

Ii.

Honolulu, Aperila 14, 1862.

[This is a mele known as a mele inoa for Kamamalu, but here it is submitted by Ioane Ii as a mele inoa for Kauikeaouli.]

(Hoku o ka Pakipika, 5/8/1862, p. 4)

HE INOA NO KAUIKEAOULI.

Ka Hoku o ka Pakipika, Buke I, Helu 33, Aoao 4. Mei 8, 1862.

People from Nuuhiva, 1867.

[Found under: “LOCAL NEWS: OAHU”]

The Nuuhivans.—Upon the sail of the New Hokuao to Fatuhiva, eight Nuuhivans returned to the land of their birth, those were the people who lived with Rev. J. Bicknell [Bikanele] in Ewa. On this past Sunday night, there was a great gathering at Kaumakapili Church, to hear the words of gratitude by some of these people as they leave Hawaii nei. Here are those who were placed in the church of Ewa from amongst these people: Daniela Kao, Davida Line, and Iakobo Hiki. And these three were the ones who gave speeches at the church in Hawaiian. All who entered listened carefully to their speaking of Hawaiian. According to them, they are returning to teach about the light of life in their unenlightened lands; and they bid all of Hawaii to pray on their return, that they may be put on land safely, and soon teach the words of the kingdom of heaven. Before being released, the entire congregation donated money for their daily needs, and $40.00 was collected, along with capes that were gifted. Last Monday, the benevolent brought gifts and gave it to the treasurer of those people. Therefore, it is as if this is the enlightening voice announcing to the devout Hawaiians to pray for them. And we can say without doubt that you will all join in in praying for them.

We are appending the names of the people who returned: Daniela Kao, Davida Lima, Iakoba Hii, and Elizabeth Kahiau. They joined the church of Ewa this year. Tahuhu, Patehe, Tahu, Waitoi, and Mego (female), did not become brethren. According to them, they came along with the Honorable John Ii; there were twenty of them. When they landed in Honolulu, 11 of them lived with John Ii, and nine went with Rev. J. Bicknell to Ewa, and one of those died; those in Honolulu from amongst them are 6. One stayed in Hawaii, and one went on a whaling ship. They came all together, and a portion returned home.

(Kuokoa, 3/30/1867, p. 2)

Na Nuuhiva.

Ka Nupepa Kuokoa, Buke VI, Helu 13, Aoao 2. Maraki 30, 1867.

Alii of Fatu Hiva, 1867.

[Found under: “LOCAL NEWS: OAHU”]

The Body of Kieekai.—This kaukau alii from Fatu Hiva [Fatuhiva] to Honolulu by the Honorable John Papa Ii [Ioane Ii], and he came here in search of health. It was Ii who cared for him at his own home along with some others, and Kieekai died. At the death of this kaukau alii, The Honorable One spent his own money to purchase the three caskets for the body. Being that the Hokuao is on its way to Fatu Hiva, he asked the Hawaiian Board of Missions [Papa Hawaii] to return the body to the land of his birth. It was agreed to, and when the Hokuao left, the body was taken. The Honorable One is appreciated for his fine care.

(Kuokoa, 3/30/1867, p. 2)

Ke Kupapau o Kieekai.

Ka Nupepa Kuokoa, Buke VI, Helu 13, Aoao 2. Maraki 30, 1867.