The Daily bulletin. [volume] (Honolulu [Hawaii]) 1882-1895, 1888-04-25
THE
WEDNESDAY, APRIL 25, 1888.
SUPREME GOURT---ApRll TERM.
TUESDAY. April 24.
DOLE, j., PRESIDING.


The Court opened at 80 o'clock,
A. Nj, when the case of the King vs..
w. S. Luce was called. About 80
minutes were occupied in empanel-
ing jury. The following gentle
men finally constituted the jury:
r. j. Lille, +. j. Spaulding, W.
II. Mclean, w. Lantz, W. G.
Wilder Jun, p. Opfergelt, I. X.
Moore, r. W. Podmore, S.
Ephraim, Jas. Mott, j. D. Tucker,
and f. w. Wood.
The Attorney-General, assisted
by his deputy, prosecuted. Messrs.
Hartwell, Hatch, Whiting, and
Creighton were counsel for the de-
fence.
Mr.. Hartwell moved that the
prosecution elect upon which count
of the indictment they prosecute.
He contended that there were three
separate and distinct charges of
conspiracy.
The Attorney-General stated that
there were not three conspiracies
charged, but only one.
The motion was overruled and ex-
ception noted.
The first witness called by the
prosecution was Mr.. W. Il. Castle,
who testified: am a member of the
Legislature. had something to do
with the investigation of Custom
House affairs. was one of com
mittee to inquire into the withdraw
ais of liquors from the Custom
House without the payment of du.
ties. went to Mr.. Luce to learr
what l could about goods charged
against the Portuguese Consul, Sen
hor Canavarro, and drawn from th'
Custom House. (EXhibit A, whicl
was an order filled out by Luce, wa
shown to Castle, and he said that b,
went to Mr.. Luce about this order.
He (Luce) informed him that thu
order was handed to me in tha
shape. had piece of paper, ;
copy of this order, that indicated
what it was. Luce said the paper
was handed TO him by Captain Ha
ley with the erasure on the back.
asked him who filled in the order
He said he did, and showed me ;
stub. l asked him who received
credit for this, and he said Capt
Hayley. / understood him to sa,
that the Portuguese Consul had IL
account with him at that time
There was some other conversation
This occurred at Mr.. Luce's plac
of business. We were alone. II
came to the front part of the stor
and showed me the stub. Their
was gentleman there. There wa
no one there that knew. He sal
it was customary to have order
drawn in that way. | think ther
was other conversation about thi
matter. l don't remember what wa
said about the disposition of th
liquor, but / know what my impre'
sion was. / think it was said thu
the liquor was not delivered t
Capt. Haley, or the Portuguese
Consul, but j don't think those wei
just the words.
Cross examined: i was chairma
of the committee to investigate will
drawals from the Custom House.
found large amount of Withdraw
ais, about $4,000 was withdraw
from 1st October 1885, to 1st Oc
1887. Mr.. Canavarro withdre
about 81, 200 liquor in that time.
am not sure whether it is 81 POO {
$4,000. | followed up his will
drawals to certain extent. w
had this talk in November last yea
about the middle of the month.
The Attorney-General asked if
following up these Withdrawals, di
you find any withdrawal credited {
third party as in this instance?
| did not. So far as / examine
did not find any, but did not e
into a careful examination.
Mr.. Thurston testified: / am Mil
lister of Interior. Know the defenC
ant. j am aware of the nature
this prosecution. have had con
versation with defendant in regar
to the matter of this prosecution j
my office early in March, in the pre-
sence of Hartwell, Whiting an
Hatch.
On the 1st of March l read an al
plication from Mr.. Luce for r(
newal of his licence. ] received
letter from the Attorney-G eneri
against granting the licence. the
sent Mr.. Luce a letter, the sui
stance of which was that the licent
could not be granted as at an inye
tigation by a committee from Il
legislature, certain frauds in gettin
liquors from the Custom Hous
were attributed to him, and th