The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1894-11-05
HE COMES BACK INDICATED.
B. 4. Foss Has Had a Trying Time
of 1t.
In Courts On the Coast Since March
Bitter I.neInies--TIle y sopLe CIaat-
ID him Of al Suspicion.

y. II. Foss who left Honolulu March
Sd, az a prisoner charged with embez-
element, returned by the Australia
He will go back TO his old home on
Kauai. Mr. Foss returns TO the isl
ands a vindieated man. The events
occurring during his stay in California
did not shake the faith Of friends here
in his integrity. His return cleared
Of every vestige of suspicion of wrong
doing is a triumph Of which he IL
proud. Mr.. Foss Will resume his po-
sition in the island community as q
nan Of honor.
The gentleman has had a trying
time Of it. He was accused OF having
made away with S270, while superin-
tendent of schools for Plumas county,
California. When he retired from Of
fee the books were exported and re-
ported correct. Before Mr.. Foss left
there had been sitting of the grand
Jury. He was startled then To learn
that subsequent session OF that body
had returned an Indictment against
him. Before leaving here Mr.. Foss
said that old political enemies were
trying to wreak vengeance upon him.
He was entirely willing 10 return and
face his accusers.
Upon the showing Of Mr.. FosS' at
torneys the Indictment was quashed.
The judge in rendering the decision
said the prejudice Of three men upon
the grand jury had been given full
play. They had used the secrecy and
power Of the jury room to satisfy pri-
vate malice.
Being free again Mr.. Foss started for
San Francisco TO embark for Hon0ln-
lu At the last moment ne was taken
from the stage coach by the sheriff.
His three enemies, stinging under the
rebuke of the court and the reproval
| Of several of the community, had
sworn out an information. The
charge was again embeZZIemenf.
As Mr.. Foss was without funds and
| bad not apprised relatives OF his
predicament, he did not have the best
| legal talent. He desired to proceed to
| trial on the merits OF the case. A pair
Of young attorneys took the matter 10
/ the supreme court on a "technicality"
and lost by the ruling of four Judges
against three. They tried another
technically" in the trial court, with
/ the result that Mr. FoSs was convicted
and sentenced to serv- two years ia
1 the state prison. A mistake was dis
covered in his books, nd before law
yers or friends knew what to do the
! trial was ended.
It was 8 bitter DOSE Saws Mr..
/ Foss, but I knew was innocent.
! Luck was against ne and every cir
cumstance had pointed adversely at
| both ends. / was In despair and felt
/ like giving up. When the commun-
/ ity awakened to the fact that great
/ Injustice had been done, 3 revulsion
/ of sentiment took place. I was tried
/ by the people and their verdict was
! that the sentence should not be carried
/ into execution. A petition 70 the
/ governor was drawn UP and the
I trial judges signature was the first on
! the list He said he was positive that
/ [ had done no wrong. The names of
/ the jurors, officials and prominent
men followed. The governor acted
/ promptly. He expressed sympathy
1 for me and declared that he was salts
/ fed ! had been convicted through
/ conspiracy. He psrdoned me, and I
/ am back IN Hawaii 20 live and die. I
/ settled here permanently when I came
! from the Coast first. I only want to
4 make a living, and / have had enough
/ Of politics TO last me the rest OF my
/ days
Mr.. Foss has a number OF friends IN
Honolulu. and sil of these have greet
ed him warmly. His wife remained
on Kauai, where size is teaching
! school