The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1902-11-24
BOYD'S MOTION
OVERRULLED
BY COURT
BOYD'S COURSE INDICATES THAT
HIS DEFENSE MAY BE CLAIM
THAT CLERKS IN THE OFFICE
TOOK MISSING MONEY.

B. H. Wright entered a plea of not
guilty this morning when his embez-
element case was called. James Boyd's
attorneys filed the expected pleas and
motions, which were all overruled, and
another new motion, asking for a bill
of particulars and based upon an affi-
davit which indicates that the defense
may be a claim that clerks in the Of
flee took the missing money, as Boyd
says that most of the Public Works
payments were made to clerks. The
motion for bill of particulars was
granted without opposition.
Humphreys filed a motion to quash
and a plea in abatement, both based on
the same objections to the manner of
impanneling the grand jury which were
made On the opening day of the term,
and Davis put in the same points for
Wright. A plea to the jurisdiction,
based on the objection to more than
one judge sitting at once, followed.
Boyd was allowed until tomorrow to
plead.
During the proceedings Judge De
Bolt announced an extension of the
term of court, for twelve days after
December 2. Humphreys at once rose
and took an exception to the order, on
the grounds that the Hon. John I. De
Bolt had no authority to make an ex-
tension. He also announced that de-
murrer would be made to indictment
number 8, while the course as to the
other two would be decided upon after
the bill of particulars was received.
The motion for a bill was as follows:
And now comes the defendant, James
H. Boyd, in his proper person and
moves the court now here to make it's
order directing the Attorney General,
who prosecuteS in this behalf, to fur
nish this defendant with a bill of par
ticulars setting forth the name of the
person or persons from whom he is
supposed to have received the moneys
in said indictment mentioned, the time
when said moneys were received by
him, the purpose or account for which
said moneys were received by him, and
whether said moneys were paid to him
personally, or to a clerk or another em-
ploye in the office of the Superntend-
ents of Public Works, and whether
said moneys so supposed to have been
received by him We're paid to him or a
clerk or other employe in said office
by check, draft or in specie or curren-
cy or if by check or draft, the name of
the drawer thereof, the name of the
payee thereof, the name of the drawee
thereof and the name or names of the
person or persons endorsing the same.
"This motion is based upon said in
dictment, the record of this court and
Ine dlHuaVlC OF the QeIenuanJ hereto
attached and made a part hereof.
James H. Boyd, in Proper Person.
Robertson & Wilder and Humphreys.
Thompson and Watson, counsel.
The affidavit of Boyd Is as follows:
James H. Boyd, being duly sworn,
deposes and says that he is the defend
ant in the above entitled case; that he
has been the duly appointed, qualified
and acting Superintendent of Public
Duh Nf No Np t.,
wall, ever since the 23rd day of May,
1900, up to and including the day of the
filing of said indictment against him.
That during the encumbency of this
affiant in said office of Superintendent
of Public Works as aforesaid, it was
his duty to receive, possess and keep,
with the aid and Assistance of assist
ants. a chief clerk, clerks and other
person, whom he was by law authorize
ed and empowered to employ, any and
all sums of money which by authority
of law weFelpaid into the Office and de-