The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1888-03-20


rowed 500 from Freitas a week or
so before the arrest, and borrowed
another $50 from him two days after
his acquittal and got an extension of
the former loan at the same time.
Freitas himself substantiates this
and they both say the first $50 was
repaid, the Judge says in January
last.
The Judge denies the corrupt
offer to bribe him and his acceptance
of any money from Freitas to in
fluence his judgment in the case.
We are much impressed with the
truthfulness of Cano, but are un-
willing upon his testimony alone to
come to the conclusion that the
money was actually paid to the
Judge as a bride. But the Respond
ent'S utter want of appreciation of
the dignity aud purity which should
surround a Magistrate which is
evidenced by his being a willing
party to two interviews between
him and a man charged with an
offense, in which his case was
discussed and in which he sug-
gested points of defence and
his seeking loans without interest
from a defendant in such circum-
stances would indicate that he is not
unassailable by corrupt influences.
Who could trust a Judge that
would do such things? The COM
munity would have right to be-
lieve that he was susceptible to
brides, and as it is essential to the
proper administration of Justice that
the community should have conf
dence in the integrity of those who
administer the law, we do not feel
authorized to allow the Respondent
to longer remain in this responsible
position.
There is other similarly objection
able conduct proven against him.
a policeman, I. B. Arcia, says, that
a Chinamm, Ahoe, was to be tried
one morning for an offense and stood
at the door of the Court House wait
ing for the Judge with some money
in his hand, and when he came
shook hands with the Judge who
clasped both his hands over the
Chinaman's and they had a whis-
pered conversation and then the
Judge went into Court, the case was
called and the defendant acquitted.
The Judge admits that he received
some money from the Chinaman as
above, but says that it was rent
which was owing.
The Respondents accounts to the
Auditor-General are very unsatis-
factory. He is required by law to
send monthly to the Treasury all
fines and costs received by him and
to furnish monthly an account of his
receipts and disbursements to the
Auditor. 1t so happens that since
Ist Jan'y, 1887. but one amount
which his account to the Auditor
shows was RENTED to the Treasury
corresponds with the amount actually
RENTED, and the sum total of actual
remittances for this period exceed
by S150.70 the sum called for by his
reports.
The fact is he made remittances
hap-hazard and, at the end of every
month, got from the Deputy Sheriff
the fines which had been paid in
and from it paid out shares of fines,
and for services of process to unpaid
police, etc., and made up an account
which contained only the net
amounts and did not state the pay
ments made by him.
The Judge says he was unable to
send these accounts monthly to the
Auditor as there was no one in the
district before whom he could swear
to the correctness of the account and
he had 10 await the coming of the
Circuit Judge before he could do
this. But this is no reason why the
accounts should not correspond with
the amount RENTED even if not
sworn at the time they were made up.
So far from this balance in his
favor being creditabIe to the Re
spondent, as urged by his counsel, it
makes it impossible to ascertain ex-
cept by other data not accessible,
whether the account is Il correct
statement of all sums received by
him.
Upon the admitted facts we
think the usefulness of Mr.. Kalai as
Police Justice of Kohala is at an end
and consider that good cause has
been shown for his removal from
office-and it is so ordered.
Acknowledgement Ashford for
prosecution; ]. L. Kaulukou for re-
spondent.
March -, 1888.