The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1890-03-04

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 Gan act to amend and
and consolidate the election laws of the
Kingdom" approved September 10,
1855, is guilty of the offense of failing TO
furnish the sworn statement prescribed
in section 40 of said act, contrary to the
provisions OF section 90 thereof. w. A.
Kinney for the prosecution, ]. NJ. David
son, A. Rosa and S. K Kane for defend
ant.
The 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 were NJ. Rose,
chairman, Jas. Odds and myself We
gave a certificate of his election to Pal
kuli. l did not receive a sworn state
ment of expenses from Paikuli, and have
not since.
Cross-examined-I 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-
port OF expenses and told to me by Rose.
1t was after ten days had elapsed when
l was told this.
Redirect had no conversation with
Paikuli at all since election.
Jas. Odds, sworn, stated Il am one OF
the inspectors of election of the Sixth
district. Since election l have not re-
ceived any statement OF expenses from
Paikuli.
Cross-examined-I have not seen Pal
kuli since.
John A. Hassinger, sworn, stated L.
Am Chief Clerk of the Interior Depart
ment. producing document.) Defend
ant gave me this. Brought in three en-
velopes; one contained this document;
another, the certificate OF election; and
the third was addressed to defendant
This was returned to him. This docu-
ment was opened in presence of defend
ant. This, as l remember, is a copy Of
the original document. Cannot account
for its being in my possession. (Wltness
was here temporarily excused to obtain
original document.)
NJ. Rose, sworn, stated Was chair
man of Board of Inspectors at Koolau
for election February s. 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-Liv 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:-I 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 document This resembles
the paper.
Cross 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 a half-white Gave it to him Sat
urday afternoon. Mr.. Henry and others
we're present when | gave it to him.
Paikuli gave it to my wife with a mes
sage to deliver it. Paikuli had gone be-
fore L returned. Recognize document in
Paikuli's handwriting. A newspaper
was tied loosely about with a string.
1t was addressed in Paikuli's hand
writing but did not notice to whom.
Cannot positively identify this as the
paper.
K. Makahalupa, sworn, stated Mr..
Rose handed me document to deliver to
Interior Department. Delivered it to
Minister Thurston in person. Was pres
ent when Kailaa 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 as 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 of
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.
III. 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 After Mr.. Kinney
had replied the Court denied the mo-
tion. and the defendant was sentenced
to FIVE minutes imprisonment al hard
labor and to pay So IS costs. The de-
fendant's 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 illegal
practice, in hiring others to act as can
vassers or runners for the purpose OF
promoting the election of candidate, to
wit, himself, the said ]. n. Paikuli, at
an election, to wit: the election OF rep
resentative to the Legislature from the
sixth district of the island OF Oahu, at
the general election throughout the
Kingdom, held February 5, 1890, for the
purpose of choosing by ballot the cleo