The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1888-04-25

MOTION OVERRULED.
Some little time was occupied in dis
cussing a motion made by the counsel
for the defense with regard to the indict-
ment not being explicit enough, but His
Honor over ruled the motion.
THE EVIDENCE.
Attorney General Ashford, at 10 :43
o'clock, opened to the jury, briefly re-
viewing the facts of the case for the pros
ecution. He also gave brief outline Of
the law on the subject. The first wit
ness he called was
w R. Castle, who being sworn, stated:
am member of the Legislature. Dur
the session of 1887 was member of
special committee appointed to examine
into a tabular statement OF the with
drawal of bonded liquors from the Gus
tom House. In performing the duty L
went to Mr.. Luce about a certain with
drawal by the Portuguese Commissioner.
Exhibit A was here introduced and was
the order for the liquors. l saw him
about this order at his store and asked
him about it. He told me the order was
handed to him by Captain Hayley with
the erasure on the back. He stated that
he filled the order in himself and showed
me the stub He said Captain Hayley
received the credit of the RENTED
duties That was about the first of the
conversation. 1t occurred at Mr.. Luce's
store, Merchant street We were alone
until he showed me the stub when we
went into his office. | believe Mr.. Cecil
Brown was there. Luce said it was Gus
tomary to have the orders signed in that
way | think something was said about
the disposition of the liquors.
Cross-examined-I was chairman of
the Special Committee and made thor
ough investigation. Found a large
amount of Withdrawals. The amount on
that tabulated statement was nearly
SAC, 900. l found Withdrawals by Mr..
Canavarro. The duties RENTED were
somewhere about the amount of 81 200.
1t was in November. | also went to
Macfarlane's store. l did not find at
third party.
l.. A. Thurston, sworn, stated: am
Minister of Interior. Have held Office
since July l, 1887. / know defendant.
[ am aware of the nature of this prose-
cution. [ have had conversation with
def ,ndant about it. 1t was in March of
this year at my office, in the presence of
Messrs. Hartwell, Hatch, Whiting, the
Attorney General and myself On the
LIST of March [ received an application
for renewal of license from Mr.. Luce.
duplication here read.] Upon the
same date | received a letter from the
Attorney General Directing to renewal
of the license for4 certain reasons. In
consequence of the protest [ wrote to
Mr.. Luce. Letter here read.l 1t was
dated March I'd. On March Sd I re-
ceived letter from Luce asking for an
interview. Letter read In reply I
made an appointment for an interview.
1t was held, [ think, on the Monday
following. 1t lasted about an hour and
a half. The subject was about the with
drawal of liquors, more particularly
with regard to the order on which this
prosecution is based number of
statements were made by Mr.. Luce
Many questions were also asked him.
The latter said Hayley had liquor &C
count with him, Canavarro did not.
Hayley said he would bring an order
from Canavarro, the remission of duties
on which would amount to $500 He
(Luce) approved of such proposition on
the part of Hayley and the latter did
bring the order. The order was in blank
and was made out by Mr.. Luce for such
liquors as he chose to fill in. He made
out list of liquors, the duties of which
RENTED would be about 1904. He with
drew the liquors as filled out in the
order. That the liquors were not de-
livered to either Hayley or Canavarro,
but went into his general stock of mer-
chandise. He then placed $500 to the
credit of Hayley and the balance to Can
avarro although he had no account with
the latter. Luce stated that liquors
were sent to the Hawaiian Hotel stables
by the order of Hayley, who stated they
were for Canavarro. With regard to the
erasure on this particular order, he
Uuce) stated he did not see it. He also
stated he did not then see the limitation
to the order for one case of wine. He
stated if be had seen the erasHre or the
limitation to one case of wine he GER
tainly would not have filled out the
order. He disclaimed any wrong in
tent; he supposed it was all right, as
Hayley told him 50. He thought that
Canavarro had told Hayley to fill out
the order. [ knew Hayley. Believe he
WIS Intnllinnncn OHinor II, tho un,uo;;o.,