The Hawaiian gazette., 1888-03-20


F. H. Hayselden. Conspiracy. At
! torney- General for the Grown, Neu-
mann and Hatch for the defendants.
Hearing in the two cases of conspi-
racy before the Chief Justice acting
committing magistrate.
The warrant under which Mr.. Iuee
was arrested not having specified n
time for defendant to appear, the Court
allowed an amendment to the warrant,
that he appear at o'clock p. m. on the
18th of March,.
Mr.. HartwelI moved that the war
rant, under which the books Of defend
ants were placed in custody of the
Marshal, be quashed.
The Court was occupied during the
afternoon in hearing arguments of
counsel on the above motion, counsel
for the defense maintaining that the
seizure of books of account belonging
to defendants for the purpose of evf-
dence is unconstitutional as being one
and the same thing as compelling de-
PENDANTS to give evidence against
themselves. The decision on the mo-
ton was reserved until Thursday.
THURSDAY, March 18th.
BEFORE CHIEF JUSTICE JUDD.
The King vs.. w. s. Luce. Conspir-
acy. On the motion, made Wednes-
day, by counsel for defence, to quash
the warrant under which defendants
books were seized, the decision Of the
Court was that the warrant was inn
properly issued. Hearing on the charge
of conspiracy was set for Monday 10th,
at 10 a. M.
The King VS.. F. II. Hayselden and
Geo. w. Maefarlane. Conspiracy.
The decision, as stated above, in the
matter of the seizure of the books of
w. s. Luce, also applies to the seizure
of the books of CIV. Maefarlane & Co.
Hearing of Mr.. Macfarlane's case was.
proceeded with in the afternoon. IN
Messrs. Boardman and Tewksbu1E
of the Custom House, H NJ Chamber
lain Col. Iaukea and Mr.. e. Maefar-
lane were called for the prosecution,
also Mr.. Lishman, employed in the
Macfarlane firm. Mr.. Lishman was
on the stand when the court rose at A
p. m. During the hearing of the last
named witnesses testimony, point was
raised by counsel whether he might
be Intercepted about entries made in
the books of the firm, he not being
bookkeepeT. The decision of the Court
on this point was reserved.
FRIDAY, March 10th.
BEFORE CHIEF JUSTICE JUDD.
Continuation of the preliminary
hearing in the conspiracy case, Col. G.
w. Macfarlane, defendant
The point raised by counsel ON
Thursday afternoon relative to the
right of the prosecution to interrogate
NTT I iGl1r II IL In,
books of the firm of Macfarlane & Co..
was disposed of by the prosecution
agreeing to dispense with Mr.. Lish-
mans evidence on the matter
The Acknowledgement went on the
witness stand and testified to an inter
view between Col Maefarlane and the
Cabinet in January last, reciting the
statements made by defendant in that
interview, and also testified to certain
entries he (AttOrney-Generall had 4,
found in the books of Macfarlane & Co.
on personal inspection of the same,
Col. Macfarlane at the interview above
mentioned having suggested such in
spection to cOrrobOrate his eXplana-
ton of the circumstances of the with
drawals of liquors from the CUSTOM
House before referred to in this case. ~
Col. Macfarlane and Mr.. j.. c. Mac
farlane gave evidence for the defense.
The examination of the above three
witnesses occupied the day from 10 a.
m. to p. IN. with a recess of one hour
at noon.
The evidence being all in, it was
agreed between the Court and counsel
on both sides that the hearing of argu-
ment on points of law be postponed
until after the hearing of evidence in "a
the Luce case, which commenced on
18th inst, the law questions in
both cases being Identical The result
of the examination in the present
case will not therefore be announced
until after hnarinn of thn L 1lca casa