The Hawaiian gazette., 1888-05-01

TO sue him; he, Hayselden, said he
had or would get and give an order on
the Custom House; Henry told me
/ not 10 be annoyed rs he would attend
TO il; since then, he had nothing to do
with the account; the settlement was
made while he was away in england.
On eross-examination, defendant said
he was aware of large amounts OF
| liquor being shipped 10 other islands;
n rough memorandum was being kept
of them;S the orders from the King and
| Hayselden were being filled; did not
/ object to it; could not tell why Hay
selden ordered so much; was in Homo
/ lulu nearly all of 1856; he did not
| know as he looked at the Kings
/ account during eight months OF 1886;
he generally looked at the trial bal
| anee; memorandum was being kept
of liquor being sent out for election
| liquor; the account was not closed up
TO February 5, 1887, election gin ac-
/ count; defendants brother told him
the King had accepted orders for cleo
| ten liquors; he, defendant, knew ap-
prOXimately what Hayselden ordered
TO be about $1,000; did not know If all
was entered in Hayselden's name;
think it was in August | first spoke TO
Hayselden about settling his account;
Hayselden said he would bring in an
order for certain amount; don't
know how much; Hayselden said he
was attending to it with Henry; un-
derstood day or two after he brought
an order from the King to settle that
account; the order was matter be-
tween him and my brother against
these purchases.
At ls:45, the Court took recess till 1
O'Clock p. m.
On the Court reaSsembling,
Mr.. Hatch opened to the jury on be-
half of the defendant, claiming that
the transactions alleged by the prose-.
cutlon were performed in the ordinary
course of business, and that the ac-
count against which the RENTED du-
ties on the orders We're credited was in
no sense Mr.. Hayselden's account.
r. c. Macfarlane, ealled-Was in Ho-
nOlulu i'm 1856; was employed in firm
of c. w. Macfarlane & Co. as general
managing clerk, one of the head
clerks; was there when liquors re-
ferred TO in this case were ordered and
delivered and charged to Hayselden;
the goods were ordered by different
parties; first | knew of was deliveries
of liquors; liquors were ordered by
Hayselden and the King; principal
orders by the King; there were also
orders by Kapena, Keau and Lili-
kalani; would say about two-thirds
were ordered by the King, in person
and by written orders.
The Acknowledgement moved that
evidence respecting written orders be
excluded unless the written orders are
produced.
The evidence was allowed.
Witness cOntinued-Had converse.
ton myself with the King on these
orders; | saw deliveries being made
received verbal orders from the King
personally; the goods were sent away
to different points around the islands;
some Went to luaus before and after
the election.
Q.-Was any statement made to you
by the King as to the use he intended
to make of the goods? Collected to by
the Acknowledgement as irrelevant.
After argument, the question was
A.-The first conversation with the
King was at the Palace; King said be
wanted special account of THIS; that
would afterwards fgO over
1t; the account was kept on the back
Of the bl0tter. attorney General
here interposed objection that this
evidence is not competent without
producing the books. Objection al
lOwed)
Afterwards objections were made to
orders, as he almost in
variably turned up drunk; l went to
see the King about it; he said "Let
Keau take his place." The Kings
accounts were kept separate, mer-
chandise account and wine and spirit
account.
Evidence relative to the Kings ac-
count was objected to by the Attorney
General. Court allowed witness to Be
on this matter, with the
DrovisO that it would be ruled on af-
erwards.
Q.-How was the Kings spirit ac-
count settled?
A.-By cash, notes and orders on
he Custom House
Q.-State whether this account flor
liquors sent over the islands, was the
Kings debt.
A.-Yes, it was so assumed by me.
Q.-State whether the King owed
my amount at that time for liquors.
A.-Yes, a large amount.
Q.-Has the King settled that in
ebtedness?
A.-No; it has been settled in part.
On what manner?
A.-By cash, notes and Custom
House orders.
Q.-To what extent has orders for
uties been given?
Atty.-Gen. - Stop L object to
his without these orders being pro-
uced.
Mr. Neumann-You have them, at
east the Government have them.
Atty. -Gen.-Then you ought to
make the Government produce them.
The point was further argued by
ounsel.
Court ruled that this is secondary
whence unless accounts are produced.
Mr.. Hatch-We don't ask what the
mounts were; we only wanS to as
ertain what principle, plan or method
doing the business was pursued.
Q.-What method was pursued with
egard to these rebates of duties?
Ave computed the duties on
Gods in the account, and took cash,
otes, etc, in settlement.
Q.-State whether, in the last set
ement with the King, the Haysel-