The Hawaiian gazette., 1888-05-01

dL>ehl 10 OF ii months. Had no
agreement whatever with Hayselden
with regard TO the settlement of his
account; all / ever had TO do with
Hayselden was: In August, 1856, /
heard him and Henry discussing the
matter OF checking over the orders:
my brother seemed ANNOYED over the
delay HaySeldeu was showing in the
matter; forgot whether il was on that
or another day that | noticed Henry
pressing him 10 attend to the matter:
saw my brother q good deal ANNOYED;
was not on speaking terms with Hay
Selden; took occasion to speak sharply
10 MN about the account; spoke of
SUNG him, he said, it is all right,
Henry and 1 are attending to il; it will
oe settled by a Kings order or in some
other way; | said, well, settle it some
way or other; left him and supposed
he would attend 10 the matter; shortly
after that l went to San Francisco:
previous 10 this interview, for some
months, | had not been GA terms
with him; he was fighting in Mr..
Spreckels' interest during the whole
OF the session of the Legislature: [
knew he was opposing the loan bill.
with Mr.. Gibson, III Mr.. Spreekels'
interest; the disagreement became
hotter and hotter between US during
the session; [ met him afterward; he
offered 70 shake hands, said he did not
want to keep up any ill-feeling; | said
L had no desire 10 keep up the quar-
rel In the interview before the
Cabinet, | stated what | had learned
from my brother; I did not say that [
had sold goods TO Hayselden; / used
the term ''we;n | was speaking of the
firm; L knew Hayselden was buying
these liquors; he said they We're on the
Kings account, but my brother had
all TO do with the matter; the firm
looked TO the King for the payment of
the account; Hayselden had little or
no Individual credit at the firm; would
not have extended a credit of $1,000 10
blm without some guarantee: heard
my brothers statement with regard to
the settlement Of the account: it was
correct as far as 1 knew.
CrOss-eNamined by the Attorney
General first learned of this settle
ment after my return from England,
about two months; a trial balance Is
generally handed me at the end of
each quarter; | make remarks on
accounts; give Instructions relative to
accounts that seem TO need looking
after; l was in Honolulu in 1856 until
after the passage of the loan bill; was
in charge Of my business; do not re-
member specially locking ut the
Kings or Hayselden's account; was
aware of considerable orders being
nlled To different parts of the King
0om; and 10 whatever persons His Ma
jeSty directed them to 20 or to be sent
was in Honolulu, October y, 1856, and
on April 20, 1855, that Is, 1 suppose /
was
Mr.. Neumann closed to the jury on
behalf of the defendant, and the Hon.
Acknowledgement on behalf of the
The reviews Of the evil
1ence and arguments on all the points
at issue were ably presented by those
two gentlemen.
THE JUDGES CHARGE.
HIS Honor commenced his charge
to the jury at $40 o. m. Said the
lawyers and witnesses had done their
part 1t now remained for the jury
and for him to q their parts. His
Honor then presented to the jury, in
suggested by counsel which
be approved. Following are the in
sTucdons on behalf Of the Crown:
If the jury believe from the eyi-
dence that defendant was a party to
any agreement with Hayselden, the
intent and purpose Of which was to
obtain liquors from the Custom
House for use and sale in the course
IF defendants business, without hay-
ng paid or secured the duties there
IN. or without such duties having
been paid or secured, they should
convict the defendant under the sec
md and third counts.
1t IS not necessary to show, in proof
IF such agreement or combination,
hat a proposition in any exact words /
u terms should have been made by
he one and accepted by the other of /
he parties 1t Is sufficient, if the
ury believe that their minds and in
met upon the purpose to so /
withdraw such liquors, without the /
payment or securing of duties there !
IN.
1t Is not necessary that the Crown |
should prove the acts OF conspiracy |
alleged. to have occurred upon the |
late set forth in the Indictment.
lime Is not Of the essence in a case |
Of this nature If the jury believe /
rom the evidence that a conspiracy
such as Is charged III the Indictment
was made by defendant and Haysel-
len at a time so near that charged in
he indictment as to convince the
Jury that it Is the same offense re-
ierTed to and charged in the indict
nent, they should convict.
1t Is not necessary to constitute a
conspiracy that two or more persons
should meet together and enter into
an explicit or formal agreement for
an unlawful scheme, or that they
should directly, by words or in writ
ing, state what the unlawful scheme
IS to be, and the details of the plan
Or means by which the unlawful com
5ination Is to be made effective. 1t Is
sufficient if two or more persons. in
any manner, or through any cOntriY !
ance, positively or tacitly, come to a
mutual understanding to accomplish
a common and unlawful design.