The Hawaiian gazette., 1888-05-01
THE MACFARLANE TRIAL.
-Coasiuued rom Page Oh


brother. defendant. manages
A--Generally. the foreign branch.
and exercised d general supervision of
The business my brother Henry at
tended 70 the matter of sales. the sales
q goods referred 10 in this ease Were
managed entinely hy my brother
Henry, my brother defendant took
nc part In receipt Of orders or delivery
q goods; he took no part in the settle
msnt- my brother Henry made the
settlement, my brother George was on
MS way 10 or in England, L think.
when the settlement was made: after
the adjournment Of the Legislature in
iSS6 1 cannot say exactly the times
he was here and the times he was alb
sent his time was devoted almost eN-
Clusively. during that session of the
Legislature, 70 the matter Of the loan
blLs relations between my brother
and Hayselden were strained during
that time, after the passage Of the
loSn act, IN September or October. my
brother and Hayselden met at the
Hotel. Hayselden offered his hand
saying, I hope you have no ill-feel-
lngs, regarding the loan business. to-
ward me, my brother answered, dis
claiming any uI-will, my brother
Henry delivered goods on these orders:
Mactarlane & Co.'S part of the tEans-
action was, that the two stores sup
piled each other when necessary TO
MI er0ers Of any kind.
Cros>-eXamined by Attorney Gen
eral:
eli Your brother Henry had ex-
elusive charge OF these orders and de
Gyered. how do You know all the de
tails u the Transactions
Al make entries in the books and
70 from one store to the other every
day and know the Transactions in
both
Q--When, for the first time, did
you advance the statement that these
goods were sold 10 the King or were
settled by the King?
Al never stated otherwise. At
the preliminary examination. I was
Lot asked the question. When YOU
were examining the books g. W.
Nacfarlane & Co. and Were through
with II. I came into the room, and YOU
said that 50 FAR a the entries were con
cemed, all was apparently straight,
bur you would be frank in saving that
you v-suld make the point that the
transactions were contrary to law.
Re-eNamined-The King asked me
20 keep this account separate the
election gin account.
His Majesty the King comes into
Court, takes q seat on the bench, and
i duly sworn
Q--DO you remember about the
purchase of certain liquors from G..
". Macfsrlaue < Co. in 1856 and 1857, .
that were intended TO keep a separate (
account Of
Al do.
Q.-AboUt this particular bill of
liquors, on whose order were they de- /
Iivere52
A.-Diherent persons.
Q.-Who bought the goods
A.-They were bought for my use. 4
Q--NiHt particular directions did 4
you give about the keeping of those +
acCounts
Al ordered the accounts to be I
kept in my name, Hayselden's, the I
Chamberlain and Lilikalani's and !
hapena's sometimes; do not remem- I
Der a to keau.
Odd you yourself order any .
goods in person
Al did.
Q.-Did any other persons order [
any2
A.-Yes; IiIikalani, Kapena, Hay 4
seIden and others.
Q.-How were those accounts set
rleds
Any liquor account was to Doe
Kept separate from my merchandise
account. These accounts were settled /
in cash and Custom House orders.
Q--What proportion Of the spirit
was settled by Custom House
orders
Al cannot exactly remember.
Q.-Was that account your own ac-
cOunte
Al think il was.
Q.-Can YOU tell what proportion of 4
the account was settled by rebates of
iutieS2
Al caunct remember.
Q.-Can YOU state for what part of
the account settled by you Custom
House 0rders were gIYeu2
Al canngt tell.
Q.-Can You tell what instructions (
had been given by you to Henry Mac
farlaRe2
The question was objected TO by the
Acknowledgement, as the orders OF
His Majesty and Hayselden's subse-
quent arrangements might be entirely
different.
Mr.. Hatch claimed that it was COM Z
petent 10 show whether Mr.. Haysel- 1
den was an agent Of His Majesty.
Q.-What instructions did you give
AIr. Hayselden with reference TO the /
Of this account
An my dealings were with AIr- 4
Henry Macfarlane. Instructed him 10 4
make out the account 10 Hay 4
selden. in accordance with in 4
structions given 10 him H Macfar- 4
lane.
Exhibits A, B and C, the three or 1
ders, were shown to His Majesty. I
Q.-Were these accounts settled by !
Your MajeSty's instructions
Al directed the Chamberlain to 4
have the account ali settled.
Cross-examined by AttOrney-Gen- I
ersl forders are presented 10 His Ma 4
Your Majesty signed the 4
orders. were they IN the condition IN +
which they appear now, OF were the /
endorsements separate from the list I
Of liquors
Al carnot say do not remember
that