The Hawaiian gazette., 1893-04-25
OPINION or TN COURT Pr BIckER7oy, J.

OPINION OK TIE COURT Pr BIcKER7oS, J.
In August, 1891. the defendant q
Chinaman who understands Eng
lish. arranged with the manager Of
the Pepeekeo Plantation. for 8 Job of
clearing g certain piece Of land OF
about eighty-6ve acres in extent
OF It's natural growth 50 as to
be fit for blowing. The price
was TO be $50 per acre. The defend
ant told three Cinnamon named Fook
Lock, Lum Hin and Wong Lum that
he could get such a contract for them.
They looked at the land and author
ICED him to make such contract for
them and agreed TO pay him com
mission Of five per cent. for bis ser
vices in obtaining the contract and
for acting as q middlemsn between
then and the plantation during the
progress Of the work The contract
was made IN writing between the
plantation and defendant. and the
three men. taking in others with
the clearing of 81 acres in about six
months. During the progress Of the
work orders for Chinese provisions
were made by one Of the three part
ners on a Chinese storekeeper. the
goods supplied and the price OF these
as well as the rice and tools furnish
ed By the plantation were TO be de
Quoted from the contract price OF
$50 an acre for 81 acres which
amounted to $3.50 The defendant
drew the money and settled some of
the claims, but did not pay the bal
ance. which is claimed to be $500.
over to the three men above named
who called themselves the contract
ing hui" The jury found the de-
PENDANT guilty OF ENLIGHTENMENT at
the last January term Of the Circuit
Court for the Fourth Circuit
The matter comes to this Court on
exceptions to the verdict as being
contrary to the law and the evidence.
The position taken by defendants
counsel is that the defendant was
partner in this transaction. and was
interested in this fund to the extent
Of his five per cent commission, and
therefore could not be guilty of en-
bezzlement. for man cannot en-
bezzle his own money. That there
never was q segregation OF the re-
speetiye interests Of the partners and
the appropriation Of the general fund
of the partnership.
The prosecution offered in evidence
three pieces Of paper with Chinese
writing on them; these were identi-
fed by the witnesses as coming from
the defendant. When the witness
Lun Hin was shown the one written
on brown paper marked exhibit "A:"
he says Len Tai gave me this, and
that was written in Tong Chong's
place and given me there" When |
asked who wrote ii, he says Len Tai |
wrote It; that was the balance sheet /
drawn up by Len Tai and given to /
the book keeper; Len Tai gave it TO /
me and l gave it to Fook Lock"
The paper is also identified by Fook /
Lock as the paper he got from Lum
Hin; he also says Il know it is Len
Tsi's handwriting" be also testifes
as. to the contents Of the document.
We have had Mr.. Ii Cheung. the
official Court interpreter give Us a
translation OF these Chinese docu-
ments. Exhibit "An is g statement
of account furnished by defendant;
1t shows that eighty-seven acres Of
land has been worked for $3.50; then
an item eighty-nine days work fur
nished by the plantation at 50 per
SIS; then an item Of $50 for
these two items max
ing q total of sos; then comes
memo. When you have received
this paper, please deduct this amount
and after deducting it the remainder
is to be divided. Saturday is the
day fixed for pay. No other news.
Again. the provisions are not IN
Guided IN this statement" This
agrees very closely with the transls-
lion of this paper given at the trial.
The item of $50 is explained in the
evidence Of Fook Lock. as being the
amount p6lQ Q! the plsutdtlOu U
some Japanese to complete the work
to the contract, and had to
,e deducted from the $3.50
Exhibit @Bn dated December 81,
.S9I. is g bill from Quong FoOk /,
Lung TO Len Tai camp. for goods
md provisions furnished amounting
o 1893 ~. Exhibit "BF' dated
January Is, 1897, is a bill from
luong Fook Lung to Len Tai camp
or goods furnished $73S5 and 6
ccount rendered $S9S72s total {
477 571. These two bills are c
OF receipted- This evidence i
lands nnconfrsdicted; these docu- I
rents at once remove the proposition v
Z contention that defendant was 4
srtner with these other men; his o
VI written statement shows him TO q
Z q niddleman or agent; he charges \