The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1888-05-01

The witness was asked whether he
believed the order u be = proper one
or not,
y lengthy argument took place be-
tween counsel ON the admission Of
evidence 10 show whether tho Custom
House officers were deceived by this
and other orders OF the like character
The Court ruled that evidence ON
this point was allowable ON Gross
examination of the Witness.
Several other orders for Withdrawals
frOm the Custom House were submit
ted 20 the witness and identified.
Q--Have YOU been present At this
trial during the day.
Al have.
Q.-Have YOU learned anything
about the case that You did not know
befores
A.-No, sir.
The withdrawal orders Just submit
ted 10 Mr.. TewkSbItry were passed 70
the Jurors for examination.
THE DEFENSE.
Mr., Hatch opened the ease of the
defendant, u the jury. He claimed
that there WAS no conspiracy and no
OCCASION for any. There was no mo-
tive Tor any conspiracy aud no Grim
inaI intent, IL was not an unusual
thing; it was the ordinary course Of
business FOR diplomats 10 sign orders
for the withdrawal OF liquors from the
I Custom House without payment OF
duties.
Mr.. w. :. Luce, defendant, sworn,
and teStitied-orier, exhibit l, was
/ shown 10 witness. filled in the order
and got the goods from the Custom
House; did il ut the request Of Captain
Hayley; Hayley was customer OF
mine; told me Mr.. Canavarro had
offered him an order TO obtain goods
/ from the Custom House; Hayley ask
ed ME for blank order; gave him
one, he brought it back with Mr..
I Canavarro'S signature; l received the
goods and put them into my store;
Hayley did not owe ME anything at
that time; these goods We're replaced
( goods that Hayley had obtained for
( Mr.. Cauavarro.
Attorney General here demanded
the production OF defendants books in
. proof OF Mr.. Hayley'S Indebtedness or
I nOn-iniebtedneSs 10 defendant. Ii WAS
claimed by the prosecution that the
I books show an entirely different state
meut from that given by the witness
on the stand
Mr.. Hartweu cited the evidence
I previously given by the Minister of
I Interior and AttoTney-General in
[ their evidence, and quoted Greenleaf
on Evidence in support of the claim
that the prosecution had no right To
I the production of the books.
Attorney General said that the
/ Crown would not have claimed the
/ production OF the books had not de
/ PENDANT gone on the stand, but having
gone ON the stand, he should not be
/ permitted 10 stop half way.
AttOrney-General moved that the
! evidence of defendant with regard 10
/ the state OF Hayley's account at the
/ time of the transaction in question be
stricken out, unless the defense
( produce the books.
The evidence was allowed TO 90 in
without production OF the books.
I Examination eOntinued-QuestiOn
/ by Mr.. Hatch: Had any goods been
/ ordered OF you for Mr.. Canayarro?
A-Frequently; by Captain Hay
! ley; knew Hayley shortly after he ar
rived here; Hayley had acted in the
same capacity-getting orders for
NHquors-fOr other members of the
/ diplomatic corps; he had ordered
largely for three different persons; 1
I had no reason whatever TO mistrust
/ Hayley's statements 10 me; do not
/ know what Hayley's financial posi-
I ton was: would consider him in re-
/ ceipt OF 4 good income; for this place,
= handsome one; he had an income
[ from home, and was in possession of
/ saIaried positions here; believe he was
man that paid his bills, never heard
that he didn't. l do not remember OF
seeing the erasure on the back Of the
order; observed Mr.. CanavarrO's
name; do not think this paper
! the order is the same as it
was then; | saw the paper in the
Court room upstairs and was sur
prised st the appearance of il; filled in
the order at Captain Hayleyis dicta
ton as to the amount Of duties; The
amount OF money was filled in prior TO
{ the sending OF the order to the Gus
tom House; do not TecOllect il it was
filed in the same time as the list Of
LIQUORS: nothing further was said to
me BY Captain HayIey with regard to
that order; had no agreement with
him IS TO the disposition OF these
identical liquors after their with
drawal: had No previous agreement
whatever with him with regard 10 this
transaction; have drawn liquors for
other members OF hediplomatic body;
the orders were in the same form Is
this one; the COnsUFs signature on
the back; sometimes l filed in the
order before it was endorsed, some
times after; stated 70 Mr.. Thurston
that at the time OF the conversation /
did not know how Hayley's account
stood; do not remember saying at that
interview that Hayley was indebted
70 me At the time Of taking that order;
have had dealings with Mr.. CanavarrO
since the date Of that order; do not
think they asked me at the interview
with the Minister Of Interior about
my dealings with Mr. Canayarro
since the date Of the order; / do nos
remember OF saying anything TO them
on that matter, but / said I thought /
had no dealings with him previous TO
the date Of the order.
The Court adjourned at O'Clock till
$50 Wednesday morning