The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1894-08-13
V0LNEY ASHF0RD'S HAND
MIR. y. ". BAILEY OF wAILUKU
UNDER ARREST.
How the Job Was Put Up and Carried
Out-The Case Dism issed-The Judges
and Attorney Censured.

and Attorney Censured.
! WAlLUKU, Aug. II The Advertiser
in its issue of the 9th inst. publishes
some supposed facts in connection
with tle embezzlement charge pre-
ferred against Mr. +. II. Bailey of
Waikiki, mentioning Col. V. " Ash
ford as authority for such statement,
which in justice to Mr. Bailey certainly
demands contradiction and explanation.
The main facts in the case are simply
as follows: j. b. Kanana of Waikiki
entered about two years ago into a
cultivating contract with the Hawaiian
Fruit and Taro Company, of which Mr..
Bailey was manager, agreeing to sell
all taro crops raised by him to the
company at specified rate per ton; at
the's same time agreeing to have all pro-
ceeds of such crops paid over to one j.
Gracia, "a Portuguese. who held mort
gage on his lards, which last agree
ment was also embodied in said con-
and Taro Company to pay over any
credits that might accrue on Kauana's
account to said Gracia.
Payments of several hundred dollars
were made to Gracia under this agree
ment, until about last September the
Ii. F. & I. Co. became financially en-
BARI assed and found itself unable to
pay balance of about $3.50 remaining to
Kauanas credit, and the amount has
remained unpaid. The mortgage which
Oracle held against Kanana had in the
meantime been raised by Colonel Ash
ford, Gracia accepting Kananas account
against the Il. F. e. T. Company as part
payment.
1t is hard to explain Colonel Ashfords
motives in making statements to the
Advertiser which lie must have known
to be untrue, in that he stated that
Kunana had paid moneys to Mr.. Bailey
to be paid over TO Gracia on account of
said mortgage, and that Mr.. Bailey had
ordered such cash payments placed to
the credit of Gracia. Neither has Ka-
uana at any time ma such payments
nor does the name of Gracia appear on
the books of the II. +. & T. Co. Had
such been the case in might have been
considered breach of trust on the part
of the company's manager; but under
the circumstances, while Gracia could
possibly have brought an action of
assumpsit against The II. F. q T.. Co.,
there could be certainly no ground for
criminal charge against Mr.. Bailey.
This was undoubtedly the view Sheriff
Chillingworth took of the matter when
he refused to approve the issuance of
such warrant OF arrest, Judge Heleku-
Mkt at the same time refusing to issue
such warrant without the approval OF
the chief executive officer OF this island.
But Colonel Ashford succeeded in con-
vincing Circuit Judge a. n. Kepoikai
that Magistrate Helekuniki was disqual-
flied from hearing this case, being in
competent, ETC., and Judge Kepoikai
Immediately commissioned Judge Copp
of Makawao to act as Magistrate of
Wailuku district.
Considering that Judge Copp has so
far failed to take the oath of allegiance
to the Republic, the issuance of this
commission would appear illegal under
the Constitution. Nevertheless, Judge
Copp heard the complaint and issued
warrant of arrest on Gracia's swearing
to the charge that Mr.. Bailey had fraud
ulently converted certain moneys, the
property of complainant, etc." The
warrant, being in Colonel Ashford's
handwriting, does conflict some with
his sugar-coated remark to the
AdUertiser-that his client did not
claim any fraud on the part OF Mr..
Bailey.
Mr.. Bailey was duly arrested and APP
pearead before Judge Copy at Wailuku
court house this morning to answer
this ridiculous charge. Sheriff I. +.
Chillingworth on behalf of the Republic
of Hawaii, demanded that mol pros.
be entered in favor of the defendent,
stating at the same time, that, on
thorough inquiry into the facts of the
case, he had arrived at the conclusion
that the charge was utterly groundless
and that it would be considered an out
rage and perversion of justice to take
any other course. Sheriff Chllings-
worth in closing his remarks added that
his action in this matter was taken
with the concurrence and full appro Vi
of the Executive and that the defendan
would leave this court house without a
stain on his character. A mol pros.
was entered accordingly.
This case has aroused considerable
feeling in this community, Mr.. Bailey
beng a gentleman of high standing
whose honesty and fairness has ever re.
manned unquestioned and the feeling is
freely expressed that such false arrest
may be the basis of damage suit in the
ar future.
II is rumored here that petition is
now being circulated i'm Honolulu
| among members OF the legal profession
and others to recommission Circuit
Judge Kepoikai. Comment on this
matter is hardly necessary, 1t is well
known to the Government that the
said Judge, has, ever since the downfall
of the monarchy, openly displayed
much antagonism towards the Provis-
ional Government, and only when it
appeared utterly impossible that mon
archy would ever rise to the surface
again did the Royalist Judge lose his
backbone and take the oath to support
the Hawaiian Republic, The loyal sup.
porters have sufficient faith in the Elk.
ecutive of the Government not to have
any fears that such will be the result.