The Daily bulletin. [volume] (Honolulu [Hawaii]) 1882-1895, 1890-03-25
PETITION AGAINST pAIKUll.
Trial of the Contested Kooiau Eiec-
tion In the Supreme Court.

Trial of the Contested KOOiau Flee
tion In the Supreme Court.
The contest Of the election Of j.
n. i'aikuli as Representative from
the Sixth District was commenced
this morning before Chief Justice
Judd in Chambers. The petition for
annulnent Of election emanates
from j. ii. Barcnaba, Is. NJ. Maka-
halupa, VIM. Henry Kailiwai, j. n.
Kaailua, David Watson, Kamalalo,
Lono, ID. Lena, Kia, A. Kei, ID.
Kanea and Keoleo. w. II. and fl.
n. Castle appeared for petitioners,
and The interests Of the member
elect were represented by Hon. A.
Rosa and s. X. Kane. The petition
and answer were read. w. II. Cas-
tie exhibited Kuokoa dated March
22, 1890, with q notice to parties
interested in the above matter to
appear, signed by the Marshal lex
hibit Az and offered to file the Mar
shal's affidavit Of publication.
Mr.. Rosa asked leave to amend
answer.
NJ. Rose, sworn, said--l was
Chairman Of Election Board of the
District of koolau; remember Ka-
uli; cannot now say without book
whether he could read and write
no objection was made TO any voter
that day; Kauli said lie could write
but not read; he was about % or
30 years old; do not know whether
he voted he swore 10 the C0nstitu-
ton and was registered; he was q
seafaring man and had not register
cd at previous election; remember
Mahoe offering to vote; lie was on
the register according ts the state
ment of Kaulia; Mahoe offered two
ballots but they looked like one; /
announced the fact to the inspectors
and spectators we discussed the
matter, Kaulia asked my opinion
l thought it was no fault of voter
but was the fault of runner who
gave it to him; they were separately
folded but Tapped together; l
thought they were accidentally so
placed; we told the man to 60 out
side and return with one ballot; he
did so as the record will show do
not personally recollect.
Cross-examined - Ballots must
have been inside of one another be-
cause they separated in my hands !;
believe the voter did not know there
were two; were not handed one on
top of the other; remember HOopii |;
l could not positively swear it was
inside; Hoapii's case was about the
same his vote was rejected; did
not see any elector fold his vote !;
were presented already folded; all
ballots showed they were folded by
one man on each side; Paikuli's
were folded laterally with the name,
and Kaulukou's crosswisc Of the
name; know this although ballots
Of same size because l was allowed
to open slightly and could see name
Of candidate on some and others l
could not; inspectors were satisfied
that Kaulia could read and write,
and allowed his vote.
Asa Kaulia, sworn-Was one OF
the inspectors at last election; re.
member Kauli; was on the list OF
voters; we thought he could read or
write; he appeared to be over 20
years Of age with shynoss in right
eye; was a stranger to him; it was
on one Of the registration days; he
was asked il he had ever been asked
to take the oath to support the con-
stitution: he said lie had not; he
could repeat the alphabet, and could
spell short words, but long words
bothered him; he could read short
words; he wrote q good signature
the Inspectors unanimously decided
him entitled to vote; he voted on
election day; his name was not on
list OF voters special election 1887
remember MaLoe remember some.
thing unusual about his offering to
vote Mr.. Rose sat OH one side OF
the table, ! Oh the other; Rose re.
ccived the vote and looked on 70.
gistcr for name that was tho way
we had arranged our work ; he offer
ed his ballot Mr.. Rose said that ont
ballot was atop Of the other; wheI
l saw them in Mr.. Roses hand they
were apart; when l first saw then
Mr.. Rose was holding them on
thus; we allowed this vote Hoa
pills case was different, one ballo
was inside the other, and we decided
to reject altogether.
Cross-eXamiued-Had discussion
on the case; on statement of Mr.
Rose he was allowed to Withdraw
and vote, as we thought there wa
no intent Of fraud; il one had bee
inside the other would not have al
lowed him TO vote.
To the Court-Mr. Rose said h
did not consider there was fraud an
| agreed with him; saw the ballo
in voters hand and saw him hand
to Rose.
| Po I;rant-I aaw in Nahon,s I'm nd