Mr. Thurston to Mr. Gresham.

Sir: I have the honor to inform you that evidence has come into the possession of my Government tending to show that the arms and ammunition used in the late insurrection in Hawaii were procured in the United States and forwarded from San Francisco to Honolulu by the [Page 868] American schooner Wahlberg, Captain Martin, under conditions which constitute a violation of the United States neutrality laws.

The circumstances connected with the matter, as I understand them, are as follows:

The material was purchased either directly or indirectly by one Major Seward, now resident in Honolulu, and put on board the said schooner by a tug in the harbor of San Francisco, about the 1st of December, 1894, the schooner sailing immediately thereafter, proceeding to the Hawaiian Islands, where, about the end of December, 1894, she ran close in shore at night and landed a part of the arms and ammunition by boat on Rabbit Island, a small island lying off the northeast coast of Oahu, and distant about 15 miles from Honolulu. The schooner then stood out to sea, and on or about January 1, 1895, transferred the remainder of her arms and ammunition to the Hawaiian steamer Waimanalo, which landed them later at a point near Honolulu, at which point they were distributed to the insurrectionists.

I inclose herewith the statements of Chas. T. Wilder, Hawaiian consul at San Francisco; Captain Davis, of the steamer Waimanalo, and Geo. Townsend, bearing upon the subject.

I am informed by my Government that one of the rifles seized was a carbine rifle numbered 462248 B. I am informed by the Winchester Arms Company that such rifle was sold through their New York agency, but I have not been able to obtain definite information as to when or to whom.

I would also state that the importation of arms and ammunition into Hawaii, except by the Government, is prohibited by Hawaiian law.

I understand that there is other corroborative proof in the hands of the Government in Honolulu which can be made available if required. Consul Wilder will also furnish to the United States authorities any other information coming into his possession concerning the matter.

I respectfully request that appropriate proceedings maybe instituted by the proper officers of the United States Government to bring to trial the parties who may be found to have violated such neutrality laws.

With assurances, etc.

L. A. Thurston.
[Inclosure 1.]

Extracts from statements of Hawaiian Consul Wilder, at San Francisco.

The American schooner H. C. Wahlberg was sold on November 20, 1894, by the United States marshal, and was purchased by one Mathew Martin. On the same day other sale she was towed to Sausalito by the American tug Ida W., captain, Dan James; owner, Mr. Tietjen.

On November 23 the tug Ida W. took stores from the Howard street dock to Sausalito and transferred them to the schooner, which was at anchor off Sausalito, and the same evening the tug towed her to sea, leaving Sausalito some time between 10 and 11 o’clock.

Upon obtaining the above information I thought it advisable to see the captain of the tug and if possible to have him make a statement to me regarding his part in the work; consequently, I sent word to him that I would like to see him at my office; to which he replied that the Hawaiian consul could go to hell, etc.; whereupon I immediately called upon the owner of the tug (Mr. Tietjen) and informed him that I was in possession of evidence enough to complicate his tug in the shipping of arms to Honolulu, but if the captain of the tug would make a clean breast of the whole matter to me I would not enter my complaint against the tug; if not, I would have him turned over to the authorities. This threat seemed to work nicely, as the owner immediately demanded the captain to call upon me, which he did the following day. I had a long conversation with him, and, as I had expected, he denied that he was a party to any such work. He however admitted that he took stores from the [Page 869] Howard street dock to the schooner, hut did not know what the stores consisted of. His statement is as follows:

“Took on stores at Howard street dock on the afternoon of November 23. Left the dock about 5.30 p.m. Steamed over to Sausalito. Went alongside the schooner Wahlberg and transferred the stores, after which I towed her to sea, leaving Sausalito about 7 o’clock in the evening and returned to my dock (Mission street) not later than 9.30 p.m.”

I questioned him very closely regarding the general appearance of the stores, and he stated as follows:

“Some six or seven sacks of potatoes and onions; one large case about 3? or 4 feet square by about 4 feet long; several cases similar to potato crates, but tightly boxed. None of the cases seemed to be very heavy, as two men handled the largest without any great exertion. Was paid by Martin $10 for towing schooner to Sausalito, and $15 for transferring stores and towing to sea. Do not know where stores came from. Saw two drays deliver stores on dock. Do not know who drays belong to. Could not identify drays. Did not suspicion anything wrong. Looked upon stores as general ship’s stores.”

After the above interview I learned that the first mate of the Wahlberg (Mr. Lucas) had left the schooner the day of his departure for the reason that he could not get any definite information from Martin as to his plans and destination. After considerable work I managed to locate him (Mr. Lucas) on one of the coasting steamers, but as the steamer was going to sea the same day I was unable to have a very lengthy conversation with him. What he did state is about as follows:

“Was first mate of the schooner Wahlberg. Left her because I suspected something mysterious about her mission. Could not obtain any definite information from the captain regarding his mission. Was instructed by the captain (previous to my refusal to go on the voyage) to select a place in the hold to store 28 cases about 40 inches long by 15 inches square. Captain did not state what cases contained; only said that they must be stored where they could not get wet. Saw the tug come over from the city the same evening and put stores on the schooner. It was in the early part of the evening. Was standing on the dock at Sausalito at the time. Do not know where the stores came from, but am almost positive that they came from a wholesale grocery store on Market street, within three blocks of the ferry landing, on the right-hand side of Market street. When I return from this trip, which will be in about ten days, I will hunt up a man that left the schooner about 9.30 o’clock that night. Do not know his name, but could find him if I had a little time. He, no doubt, can give more definite information than I, as he helped transfer the stores from the tug to the schooner. I think that he can tell you where the stores came from. Watched the tug until she towed the schooner to sea. They left Sausalito about 11 o’clock. Can not state the exact time, but I will make oath that it was after 10 o’clock.”

After my conversation with Mr. Lucas I sought an interview with one of the deck hands of the tug. He stated as follows:

“Was not working on the tug on November 23. Commenced work about the first part of December. Know a man that was working on the tug the night of November 23. Do not know where he resides. See him occasionally around the water front. When I see him again will bring him to you.”

Since the above interviews I have been looking for the above-described men, and yesterday located the former deck hand of the tug at Dunsmuir. Last evening I dispatched a man whom I have working for me to Dunsmuir with instructions to find the man, if possible, and obtain from him a sworn statement regarding the affair. Expect my man to return some time to-morrow.

I have had several conversations with the manager of the Winchester agency in this city, but he will not give any information whatever regarding what sales he has made during the last three months. I gave him the number of the rifle you sent me and asked if he would be kind enough to tell me if such a number was ever in his stock. Later he replied by letter, stating that he had written to the factory regarding the matter, and would advise me in about two weeks. Some few days ago I received a letter from him, in which he stated that the gun was sold from the factory and was shipped through New York. This is all the information he would give, notwithstanding the fact that I tried to get him to tell me who the purchaser was and to whom the goods had been shipped.

[Inclosure 2.]

Extracts from statement of Capt. William Davis before Attorney-General Smith.

I am master of the steamer Waimanalo. W. R. Castle has a mortgage on her. I am running her for myself. I bought her, but she is mortgaged to him. Last week, [Page 870] Thursday, I landed arms and ammunition from the steamer Waimanalo at Waikiki. I was engaged to go and get them ten days before by W. R. Rickard.

* * * * * * *

I was to receive $10,000, $1,000 in cash, to bring those arms ashore. I was to go off Waimanalo. There had been a schooner lying off there with them for a week. He did not tell me the name of the schooner. He did not tell me where she came from. I found out afterwards that she left San Francisco. He did not say when the schooner was to leave San Francisco. He did not say when she was expected; he simply said she was there off Waimanalo.

* * * * * * *

I left Honolulu to go and get the arms on a Friday. I started for Kaneohe on the 28th day of December. The instructions Rickard gave me were to go about 25 miles off Waimanalo. North-northeast there was a schooner. I should take off the things on board and come back to Rabbit Island. By “things” I mean the arms and ammunition. I did not ask Rickard what kind of arms they were. I did not know of any cannon. I knew there were rifles.

* * * * * * *

George Townsend went too; he was sent by Rickard. I know this because Town-send told me so. He did not tell who or what he was. I went to Kaneohe and landed some paddy; that was on Monday. I left Kaneohe and put to sea on Sunday night, or maybe Saturday afternoon. From Kaneohe I went to Waimanalo, and then stood off to sea north-northeast until Tuesday. Monday we saw nothing at all. On Tuesday at 12 o’clock we sighted the schooner; she was plainly in sight. She had a boat in the water and we sent a boat off to meet her. George Townsend and my men and the men on the schooner brought the arms on board. They made two trips. The captain of the schooner came aboard. The name of the schooner is the W. Hicert or the H. Wichert; some such name as that. There were two names on an angle around the stern. San Francisco was in small letters underneath. She was from San Francisco. The captain said he was twenty-five days out. I met him on Tuesday, the 1st day of January—on New Year’s day. The arms given me were carbines. I don’t know how many. They were delivered to Townsend, not to me. Yes; I was chartered to go and get them, but Townsend was acting for Rickard, and I kept no account of them. There were supposed to be 300. There were seven or eight gunny sacks full of ammunition. I don’t know how many cartridges there were. There was nothing else landed except the arms and ammunition. I don’t know where the schooner was going to after that. He said something about wanting ballast, and Townsend told him to go to the leeward side of Lanai and he could get ballast there. The schooner was about 75 tons burden. Townsend told me that she was towed out of San Francisco and the arms put on board of her by a tug. The arms were on the tug and were put on board the schooner outside. I got the arms on board about noon. Then went to Rabbit Island, off Waimanalo. Got there about 9 o’clock in the evening and sent a boat ashore. Townsend and two of my men went in the boat. He came back. He was away about two hours. He came back and he brought another man back with him. He did not tell me what he went ashore there for, but Rickard told that it was to send word to Honolulu. He came back and we stood off to the north about twenty-four hours and came back to Diamond Head. A boat came off to me from the shore. Some natives and Rickard were in it. There were six or seven men in the boat. W. H. Rickard came aboard and stayed aboard. The boat returned to land. A letter was sent back by Rickard addressed to C. T. Gulick. After the boat left us I stood off southwesterly about 25 miles, and then came back to Waikiki—back to the same place. I was under Rick-ard’s instructions. Two boats came off. I think they must be Bertlemann’s boats; there are no other whaleboats out there. We were expecting to land the arms at Kaakaako. Rickard went ashore and sent word back by the same boat he went ashore in not to land them there—to land them some place else or throw them overboard. While he was ashore Wilcox came aboard in a canoe and consulted with Townsend. Wilcox said, “No; you don’t throw them overboard.” They gave no reason for the delay. I think they were not ready; that is all. I talked with Wilcox, and he said they wanted to be too smart; he meant Rickard. After Wilcox and Townsend consulted, the native boys took the arms ashore in the boats—the guns and ammunition. They were landed about 1 o’clock. Then I came on to Honolulu at night. I came in about half past 4 in the morning.

* * * * * * *

When I came round in the neighborhood of Diamond Head I took the precaution to put my lights out so as not to be seen. The boats came out for the arms. They were ordinary whaleboats. I picked up Rickard and stood off to the south about 20 miles. I could not have been seen from Diamond Head. I met no vessels. The schooner I got the arms from was an ordinary fore-and-aft schooner. She had no [Page 871] topsail. She had one topmast. She had no foretopmast; it was gone. She had a maintopmast and flying jib. The flying jib was in. She was just such a looking craft as the Norma. She was painted black, and had a big cabin. She had a straight bow. I do not think it was the Norma, though she looked just like her. Her name was the H. W. Wichert or Hichert. I don’t know much about the Norma. I have seen her at the wharf. This schooner was just such a vessel. She had two whaleboats—one on each side—hanging on the upper deck right on top the poop. I didn’t notice whether she had a bobstay under the bowsprit—what we call a martingale. I was within 100 yards of her. She had about four men on board. There were three white men and a negro. The captain was a German. His name was Martin—Captain Martin. He was a big, tall man, stooped a little in the shoulders; florid complexion. I have seen the mate down here somewhere. I don’t remember his name. He is a medium-size man, German appearance.

* * * * * * *

The guns were all on deck in cases, loose. The cases were not aboard my ship. They were taken out of the cases. I don’t know who shipped the goods from San Francisco or who paid for them. I heard that they were put aboard a tug and the tug put them on the schooner. I didn’t hear the name of the tug or whose tug it was. I heard that the captain of the schooner was a cousin of somebody interested in this movement. I don’t know who. Rickard didn’t tell me the date the schooner left San Francisco; he told me she was there. Rickard did not tell me he had heard from her. He told me she was there; that was sufficient. I heard the signals were showing a blue light off the island and answering with a red light. Townsend said he was there when they saw the signal and answered with a red light. This was at Rabbit Island. Townsend said he was on the lookout for her for ten days. He said nothing about receiving information from San Francisco, nor did he say where she sailed from. I don’t know where the schooner was to go to. He was asking for ballast, and Townsend told him to go to the lee side of Lanai. I don’t know who this letter was from that Townsend gave the captain of the schooner. I don’t know where the schooner was going after getting ballast.

[Inclosure 3.]

Extracts from evidence of George Townsend, given under oath before the court in Honolulu January 21, 1895.

George Townsend—age, 39 years in July; born in the islands; been seafaring man; was first approached in this matter on December 8 by Charles Clark; Clark said Sam Nowlein wanted to see witness; saw Nowlein in rear of Bertelmann’s office; he wanted witness to go to Koolan; witness could go up on 5 o’clock car to end of line; would be met near cemetery by boy and Charles Warren with horses and ride to Koolan; didn’t meet horses until? o’clock, near Shaefer’s place; met John Liilii on beach; went to house near Makapuu Point; stayed there watching for schooner until near Christmas; was given letter for captain of schooner and six lights; Nowlein told witness and Warren to go to Koolan and remain until schooner arrived; schooner would bring 400 rifles and revolvers; revolvers were to be landed at Rabbit Island; further notice was to be given as to landing rifles; schooner was sighted on December 19; witness and three others were present when schooner was sighted; knew schooner by signal lights; vessel showed blue light; we answered with red; schooner responded with bright light according to agreement; witness went off in boat; before getting alongside captain called for password; witness replied, “Missionary;” was then told to come aboard; captain of schooner asked witness before he went aboard if he had a letter; witness said yes, from the major; thought letter was from Major Nowlein; captain gave the witness no letter; soon as got the stuff sent off men to town to let parties know everything was all right; brought revolvers to Rabbit Island; put them in sacks and buried sacks in sand; men started for town at daylight; told them to go around town and tell schooner had been met; witness waited at Rabbit Island until men returned; they returned 10 o’clock Friday night; witness reported to Nowlein on December 21; was told to go and get Waimanalo to meet schooner and land arms: went back to Rabbit Island; picked up boat and instructed to land part of arms at Kaakako and balance at fish market; Davies was captain of Waimanalo; saw him Thursday; letter witness gave captain schooner was addressed “Captain of schooner;” it was dirty, and rolled up like a cigar; witness noticed handwriting.

Waimanalo left Thursday evening, December 27; witness went down to steamer about 4 in the afternoon; went to sea Friday night; Nowlein gave witness a letter to give Captain Davies when steamer got out to sea; two letters were in one envelope; witness read both letters; one gave Davies instructions to lay 25 miles off Rabbit [Page 872] Island until schooner was met; other letter was copy of letter received by captain of schooner; after getting arms on board Waimanalo the steamer was to cruise around for fifteen days; if cargo not taken off in that time the steamer should go to the southern coast and dispose of cargo; Nowlein gave witness letter to deliver to captain of schooner; writing on letter given witness to give Captain Davies when out to sea resembled that of one delivered by witness to captain of schooner; put to sea on Waimanalo on Friday evening at 9 o’clock, last part of December; daylight next morning was 30 miles offshore; cruised around Monday and Monday night; early Tuesday morning saw schooner about 35 miles offshore between Waimanalo and island; witness knew schooner at once; came alongside schooner on New Year’s Day; arms on board were ready to be landed; gave captain letter; after reading, captain said all right; arms were passed from schooner into boats; came back and got second load; someone said there was whisky and cigars aboard the Waimanalo for captain of schooner; Captain Davies, witness, William Hutchinson, a Norwegian, and two Chinamen were on the Waimanalo; Warren was on schooner; schooner named W. C. Wehlborn, and was from San Francisco; witness thought captain of schooner was a Swede; had but little talk with him; captain asked how things were in Honolulu; wanted to get some ballast, but didn’t care to go anywhere where he would get into trouble; witness told captain to go to Lanai; after getting arms on New Year’s Day Waimanalo went back to Rabbit Island; got there about dark; anchored and put out signal; got no answer; witness went over to Rabbit Island in boat and roused men up; told them we’d got arms all right; went to sea again in northeast direction; ran in again; Waimanalo was to get message off Diamond Head; whaleboat came alongside about 11 o’clock; W. H. Rickard and four other men were in boat; Pau, the long-haired native, was steering.

Rickard came aboard the Waimanalo and went into cabin; Rickard said can’t go in to-night; not ready in Honolulu; had 285 guns, ammunition, and belts on Waimanalo; ammunition was in five little square sacks; Rickard pulled out letter from inside pocket; asked Warren how many arms he had; letter had some blank spaces; in these Rickard put number of arms; he said steamer couldn’t run in at fish market on account of dredger being there; after Rickard filled in letter in pencil gave it to Pau to take ashore; Rickard remained on shore and told Captain Davies to put to sea; we took course south-southeast; witness was sent to wheel by Captain Davies; next day (Thursday), at sea, got short of coal; ripped up some planking; came in Thursday night; met two whaleboats off Diamond Head; Pau was in one; one was white; other white and blue stripes; Wilcox came alongside in a canoe; said can’t land at Kaakako, as place guarded; Rickard went ashore; sent letter back to Captain Davies telling him to either go to sea or land arms at some safe point; Captain Davies said dump them overboard; Wilcox said to land them; arms were put in two boats and started toward Isenberg’s place; landing was made along the beach; one load was buried in sand; one was taken to Black Point and hid; Wilcox, Warren, and witness were together; rifles were afterwards taken out and distributed among natives; they are same as used by Wilcox and others in fight with Government troops on Sunday and Monday; they were short sporting rifles; witness was captured at Black Point on Tuesday afternoon; been under arrest ever since; Rickard talked with Captain Davies; heard nothing about any office he or anyone else was to hold.