The Hawaiian gazette., 1888-05-01

ELft[C Ms : slfTGS-COE4,SsEteA CteAl> IL
r.scy Instead os s. tvo-Siie1 one,
Il he believed HavIev, II dce> not
make him Snv les 3 coUSp5rator
in couSpiriug with Mt, Hayley And
NJ. CSnavSTro together. The SrSI,-
ulent TelStive Il the Do0-p0o1Uetlon
q SsssadsntsS books vSS dealt with.
/ The counsel for defendant had assumed
the responsibility for Withholding the
bockS Sni he h2i asked Whist the
u7aa.ntson would hSve done only for
admissions. But II the pSnSlgy u the
+ law should be the result 81 the trial,
4 counsel would then assume the X
1 SponSSbilitv bv proxy. With Teser-
sDce 70 admissions, he f2&d only 70 say
I ti1sr DEFENDANTS counsel led their
I client into the ofsice ~ the Minister a.
I Inte-5o-, an5. under their advlce. he
Z hs6 given zvSv his whole cas- - OH
ts-S G. The Government Nh. luee
Z had testified Oh the witness stand AMI
ST The interview that liz had no SC
count with Af-. C9navSyTc 81 me time
rhe Criar VS. made He had testified
aEzlu thai part II sEs -oo-i> Withdrawn
On 5hz- order wen. into stock IL X
u.See GODS purchased ty Nj Cana
Z vE--C How IND such goods ~ into
sock e. rS2lacs goods plCch2>sl by
Nh CS-zv0rrC Il ID >-lc& purchases
ever existed : Tn u-Ovs conspiracy, II
{ ! -o- necessary 10 show Sc[Ual CON-
mission II she C-tsn>e- II vs> only
Z Necessary To show rfac mems minds
ulef % Sr-SuEs SD6 plSE the means
( whereby an sci O conspiracy VS. 70 re
I performed. T1e f2l>e preIenSs : eN-l-
6enced by the e7ieF itself
The Attorney General here eN-
I plSiued the connection between Ihe
several points % the indictment, ard
, proceeded 80 show thzt surprising part
1 q .he goods in the order WAS 70 re-
I piSce go.oiS purchased by Mr.. Cans
Z yz-ro, the remaining part pissed IN
1 stock vas Clearly : yi0l41Cn Q. lSyy 3nd
I 5 fraud on the Hawaiian Government.
/ The attention ct the Jury w&S also
Z directed 70 the evidence which showed
Z that Nj Luce h2i placed some $50 10
the credit O. M C4nsy2rTO 81 the
( time % the receipt q the goods de-
4 >erfbe5 On Ehe faee q his order ST the
3 Custom House. and inst Mr.. Cana
T y2-ru'S purchases UP 10 October
{ amounted 70 shout So, which were
Z uzii for in cSSh. au6 rhzI nothing WAS
& arrsnzu.s,d u De shown - 70 how the
. SSa2 credit vs. El2ls av4ilSble % Nh.
+ C4-Sva--o'> u>e.
me Attorney Generals address.
{ from which the foregoing notes aCe
( given. occupied an hour ana , minutes
TIE JUICES CHARGE
BIS Honor the presiding Judge
E charged -ile Jury, Substantially - fol
e lows. Gentlemen. YOU aTe not % con-
E 5use the C=feCSsS o. gross cheat au1
4 CbtaininZ goods under false pTetenceS
with c1uSp5r9cv- The giSI 81 the Of
Tense i ColSUiracy- Other things in
t-CGuce,i need lo- have happened q
uzkp the CIfsuSe complete. Even II
the e0nSriracy ESG nor been carried
OUT Il would only b necessary 70
prove the intent u the TWO persons
I nsuei in the case tMeSSEs- Hsylsy
sid I.1eea 10 perform the sets charged.
Under the first count. 1t requires
proot q the using q fslSe prstenSeS
in intent 70 defraud. I ehArze You
4 rfzt the first count hiss nOt been proved,
To prevent the collection Of duties
I dos not constitute grOSs chest.
Under the second count. in which
I injury 20 the Government Is charged,
- =
Suire-i 10 do the ac-- defendant i liable
whether he did II or not
With regard % rhe third count the
statute does uot require that the IL
uovaI q suoiS from the Custom
y House should be charged 70 be unlaw-
ful 10 constitute the oEfeuse charged.
The question i whether defendant
combined or entered INTO ST 6gTee neni
p =r-
Custom House and lent himself ID the
E ulzn proposed by Hayley = obtain the
goods without payment q the duties
II n did. ne / I5sl5le under the second
sid third counts Thele 2re excep-
. lions 10 the Law requiring duties 70 bE
u5iI O. gods before their removal
Il VS. the privilege q defense 10 show
Slzt EfLzT had removed the goods II s
lawful mzuIE@E = Tor the Use OF the
King. the QGsen OF representatives OF
foreign governments II they have
not shown this. they have not cleared
Themselves q the charge
HIS Honor here mad Ihs statute
bearing upon the mzCtsT q iDpoTta-
tons q goods f16e q duty for foreign
representatives
The Jury VS. charged that defend
z--L = Lll-lAA EA-Lla ---E = LA4 4-4-s
point but ne was not bound 10 know
ITi15CheE Mr.. CsusyaETO had qualified
himself 70 b entitled 70 the ex-
emT-50Is zlTeady referred 70. He
might take II for granted thsI 3Ir.
{ Cznavsrr0 had duly accredited him
{ self 81 foreign representative
A. the exemptions from the pay
meut q duties. under the set Tefel
only 70 iup0Er2Ci0ls By those pEivi-
legged persons specified, the defendant
BsS MT within the statute in with
6rsEaIs for the purpose q placing
goods OF sale The defendant was
bound 10 know that goods cannot bs
taken, without payment q duties, By
foreign representatives. except f0T
their Own private use and cOnsump D
ton
II / not within the statute for de-
isuFant 10 obtain goods On such az
order 8 that presented II Court With
4 out payment q duty, and put them il
his private s-ock- II = no defense Il
the diplomat goes zfterEzrd 70 buy
s1ue q tie goods O. II they are 20 Ill
Y I'd fUImeT purchases.
With respect u tnduoemsnI- II /
{ not necessary for the Crown 10 prove
5uiurement- II HaTiev wanted to de-