The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1890-02-26
IMPROPER ELECTION RETURNS.
The Rev. J. N. Paikui, the Success
full Candidate in the Sixth
District, on Trial in the
Police Court.
The Court Room Crowded During the
Hearing, and the Two Cases List
ened to With Close Attention
Paikuli is Found Guilty in
Both Cases-AppeaIs
Noted.


Paikuli, the successful candidate in the
election at koolau, which were preferred
on the 18th. were heard in the Police
Court yesterday. There was large at
tendance in court during the hearing Of
the cases, which lasted all day In the
first case the charge against the defend
ant was as follows: That defendant
being a candidate within the meaning Of
an act entitled "An act to amend and
and consolidate the election laws Of the
Kingdom" approved September 10,
1888, is guilty OF the ofense OF failing to
furnish the sworn statement prescribed
in section 40 OF said act, contrary to the
provisions OF section So thereof. w. A.
Kinney for the prosecution, j. NJ. David
son, A. Rosa and s. X. Kane for defend
ant.
Ihe prosecution called as the first wit
ness Asa kaulia, who, being sworn,
stated Il was inspector OF election on
election day. There was only one poll
ing place the inspectors We're NJ Rose,
chairman, Jas. Olds and myself. We
gave ctTlIlCdtS vi HIS citCliOD 10 L d.
kuli. | did not receive a sworn state
ment OF expenses from Paikuli, and have
not since.
Cross met my colleagues
afterwards, not as inspectors. 1t was
told me by one OF the other inspectors
that statement of expenses connected
with the election was received. 1t was
remarked that Paikuli had given his re-
nf FOL tn hy-Io
1t was after ten days had elapsed when
[ was told this.
Redirect had no conversation with
Palkuli at all since election.
Jas. Odds, sworn, stated Il am one OF
the inspectors of election OF the Sixth
district. Since election [ have not re-
ceived any statement OF expenses from
Paikuli.
Cross-examined-I have not seen Pal
kuli since.
John 4. Hassinger, sworn, stated -
Am Chief Clerk OF the Interior Depart
| ment. producing document Defend
ant gave me this. Brought III three en-
velOpes; one contained this document
another, the certificate OF election; and
the third was addrt ssed to defendant.
This was returned to him. This docu
ment was opened III presence Of defend
| ant. This, as | remember, is copy OF
| the original document. Cannot account
| for its being IN my possession. Witness
| was here temporarily excused to obtain
/ original document.)
| NJ. Rose, sworn, stated Was chair
man OF Board OF inspectors at koolau
/ for election February ). Received state
ment of Paikuli's election expenses Feb
ruary 10, not from him directly but from
| my wife. Was in the field when it was
| handed to me. 1t was un-enclosed
| Sent it to Minister of the Interior Mon
day, 18th. Noticed that statement was
not sworn to.
| Cross-examined-Live about ten miles
from here. Document was handed to
me by my wife, who said VIM. Henry
gave it to her.
! VIM. Henry, sworn, stated Il deliv-
cred document to Mrs. Rose. Think it
was on Saturday subsequent to election.
| Received it from kailaa with request TO
deliver TO one OF the election inspectors.
| inspecting dCcument.) This resembles
| the paper.
Cross-examined-Was wrapped in a
newspaper addressed to three different
parties.
kailaa, sworn, stated Remember Civ
ing document to Deputy Sheriff some
time after election Did not give it to
Henry. Don't know the deputy sheriff.
He is half-white Gave it to him Sat
urday afternoon. Mr.. Henry and others
were present when I gave it to him.
| Paikuli gave it TO my wife with a. ines
sage to deliver it. Paikui had gone be-
fore | returned. Recognize document in
Paikuli's handwriting. 4 newspaper
was tied loosely about it with a string.
1t was addressed in Paikuli's hand
writing but did not notice to whom.
Cannot positively identify this as the
paper.
r. Makahalupa, sworn, stated Mr.
Rose handed me document to deliver to
Interior Department. Delivered it to
Minister Thurston in person. Was pres
ent when kailast brought it to kaneohe
He brought it on Saturday, saying he
had something from Paikuli, Directed
him to hand it TO deputy sheriff.
John A Hassinger returned at this
point and said-Am unable TO produce
original Of this document IA before IN
tended Am sure Paikuli gave me three
envelopes Wish to correct testimony
Received a letter of date May 18th, men.
tioning enclosure OF election expenses o.
Paikuli and kaulukou. My impression
OF two copies of document before the
| Court is the only one in possession OF the
Interior Department. Can find no other
| Document is endorsed in hand of Jno
H. Brown, temporarily acting as clerk
Mr.. Davidson for the defendant moved
for the dismissal of the case on the
ground that the prosecution had failed
to make out case Alter Mr.. Kinney
had replied the Court denied the mo
ton, ard the defendant was sentenced
TO five minutes impris onment at hare
labor and to pay So - costs The De
PENDANTS counsel noted an appeal
The second charge against the de-
PENDANT was heard in the afternoon
The charge was as follows: The de-
PENDANT was charged with an lllega
practice, in hiring others To act as can
vaasers or runners for the purpose o
promoting the election OF a candidate, L
wit, himself. the said J. y. PaikuH, a
an election, to wit: the election OF rep
resentative to the Legislature from the
sixth district OF the island OF Oahu, a
the general election throughout the
Kingdom, held February ), 1890. for thu
purpose Of choosing by ballot the eIec
tive members Of the Legislative afore
said; such hiring on the part Of defen
dant being contrary to law. and more
particularly the provisions Of an act en-
titled "An act TO amend and consolidate
the election laws Of the Kingdom" ap
proved on the 10th Of September, 1888
w. A. Kinney for the prosecution, J
VI. Davidson, 4. Rosa and ;. X. kan'
for defendant.
w. e. ,,.,.raoC csIla1 was Mr. ROs.