The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1856-1888, 1883-04-21

were found there. At the time of the search he
suggested to me while / was alone with him in
the upper story Of the store that l should give
him money, or our property would be sold ut
auction, and l placed on the reef. In case the
money desired was paid Akana proposed to keep
the opium from being brought before the court
aud screen me from punishment. When / asked
Akana how much he wanted he said $500 at
first. | replied that l did not possess 50 much,
and after dropping the amount desired to 5000.
an understanding was finally reached on the
basis of $500. On the same day | paid Akana
500 on the Monday following, the day of this
payment. / went to Akana's house aud gave him
$50 more in coin and bills and a draft, as a
compensation to Akana for screening me from
the penalties of importing Opium. a draft or
chequs was handed TO SitnesS.) l recognize
this As the draft given to Akana by me on the
occasion when ! paid him the $50 at his house.
At tina time he spoke 10 me about more money
which he said he wanted 10 distribute among the
officers of the poles force white men and all.
When the first payment of $3.50 was made TO
Akaua in my business house up stairs, Akiona
put the opium found ON the premises into a
basket, covered it to hide il and took il away.
When L gave Akana the money he answered me
that l would be screened. When my partner was
released from the police station he objected to
the course l had pursued,
Witness was cross-examined by Mr.. Russell
for the defense. When [ first came home from
the police station and held the conversation with
Akana, Akiona and the white police officer were
down stairs, we were up stairs alone at the time.
The rest of this witnesses ~estimon on cross
examination related To minute explanations OF
the construction of compartments of the build
ing occupied by his firm and minor particulars,
and in the mann corrobortted his previous di-
rect testimony, although he once admitted him.
self confused.
In redirect examination a few unimportant
questions were put to the witness by the Attorney
General, ami All Wong, the bookkeeper who
entered the amount said to have been paid
Aaaaa. in Lin Wo a Co.'S books, was called to
3 IL. - II go anlEE.nfTallE
Ga the 26ta lay of February | saw some money
paIG out All LIN went 10 the safe and got some
out, and took II upstairs. On the next Monday
evening | entered the .Inuunt paid out on the
company's books. / do not know what became
of the money. only that it was taken out of the
safe. kOm kwcI, All Inns partner, was re-
leased about that time, but ne refused TO make
the entry when All Lila tpii him what the money
had been paid out for. (ln this particular the
witness contradictrl n, form II testimony before
the Police Court, where swore he made the entry
in kom KweI's absense.) | went up stairs twice
the day ALI Lin took the money from the safe.
He requested me to bring some matches, and up
there l saw a basket fnll of tins of opium, which
We're carried away by Akiona.
Cross examined by Mr. Russell witness said
When / first went up stairs l saw four persons
there, three police officers and All Lin. Before
L went up stairs 1 asked the latter what he took
the money for and he answered nothing. When
he afterwards called me up stairs to bring the
matches and | saw the opium he told me 1t had
q DGSu lOuui.
The counsel for the defense examined The wit
ness at some length in reference to what he had
testified before the Police Court in this case.
The witness became considerably involved if he
did not positively contradict the former EVIL
dence.
Kan kwai was the next witness called. He Is
the co-partner of All Lin. To some extent his
evidence at first corroborated what had already
been adduced, but there were some discrepancies.
And finally the witness broke down entire y.
He fatty contradicted his former evidence be-
fore the Police Court, III that he there testified
that Akana had been paid $500 at one time,
whereas he now declared it was paid at differen:
times. This and similar contradictions made
the evidence for the prosecution appear unmls-
takbly unreliable. And the court with the con-
sent of the ACKNOWLEDGEMENT let the case go
directly to the jury with instructions To bring in
n verdict of not guilty, which was accordingly
rendered and the defendants discharged.
Last night, after the decision Of the jury was
rendered. the Marshal, not having time to COM
municate with the A~cting-Governor, re-instated
both of the constahles, subject To the approval
of His Excellency Governor DOninis on his re-
turn from Maui. where he now is. The entire
action of Marshal Parke in this matter has Teen
most judicious, efficient and just.