The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1902-11-25
BOYD MUST
STAND TRIAL
Technical Pleas
Overruled by
De Bolt.
| WRIGHT PLEADS
NOT GUILTY
Objections to indictment ard
Court Receive Very Little
Weight.

against him by the grand jury for al
legged embezzlement of public funds,
Judge De Bolt having yesterday over
ruled his technical objections to the
charges Humphreys filed a plea to
the Jurisdiction, a motion to quash the
indictment and plea in abatement all
of which were denied by the court
without argument.
Boyd was ordered to be present this
morning at which time demurrer will
be presented to the indictment charging
him with embezzlement while chief
clerk in the Interior Department, prob
of Hawaii was not in existence at that
time
B. H. Wright entered plea of mot
guilty TO the charge preferred against
him. after Judge De Bolt had overruled
the objections to the grand jury and
to his sitting while Judge Robinson
| was also holding court.
Boyd also asks for bill of particu-
| lars as regards the charges against him,
| indicating by his affidavit that he will
| disclaim personal liability for the acts
| of embezzlement alleged. The affidavit
| is in the following form:
| James H. Boyd, being duly sworn,
| deposes and says that he is the defend
ant III the above entitled case. That
he has been the duly appointed, quail
fed and acting Superintendent of Pub
lie Works of the Territory of Hawaii,
even since the 23rd day of May, 1901, up
| to and including the day of the filing
of said indictment against him. That
| during the incumbency of this affiant
in said office of Superintendent of Pub
lie Works as aforesaid, it was his duty
to receive, possess and keep, with the
| and and assistance of assistants, a
| chief clerk, clerks and other persons,
whom he was by law authorized and
empowered to employ any and all sums
of money which by authority of law
were paid into the office and depart
| ment of the Superintendent Of Public
| Works
THAT during the period of time COW
cred by this atlantis incumbency of
/ Sdld OtIlCe DIS dlOIcSclO, ne uld, with
| the AID and assistance of said assist
ants, chief clerk, clerks and other per-
| sons, whom he was by law authorized
and empowered to employ as afore-
| said receive divers sums of money,
at divers times, from numerous indi-
viduals firms and corporations, upon
many and various accounts of the Ter
ritory of Hawaii. That upon major
| H. y, 7iyrnr
sums of money were paid into the Of
| flee and department of the Superin-
| tendent of Public Works as aforesaid,
| the same were paid to and received by
| the assistants, chief clerk and other
persons employed in said Office and de-
| partment of Public Works and not by
this affiant personally.
And this affiant further deposes and
says, that on the 18th day of October,
| A. D. 1902, Sanford B. Dole, Governor
| of the Territory of Hawaii, without
| the authority of law and contrary
| thereto and in defiance of the rights OF
this affiant, did order and direct that
| this affiant be suspended from his Of
| fee and duties as Superintendent of
| Public Works and the privileges there
| Of and that from said aforementioned
| odS anu odl6 up " Tic piGSSlL lAiiiNJ
| this affiant has been denied ingress to
| the rooms occupied and used by him
as Superintendent of Public Works
| aforesaid and access to the records,
books, documents and papers belonging
and pertaining to said office and to the
receipt and disbursement of public
moneys by the Superintendent of Pub
lie Works; that ever since said last
| jax do To -
ing, as this affiant is informed and be
lieves. under orders of the said Govern
or, have stood guard at said rooms for
the purpose of forcibly preventing affi-
ant from entering therein and from
| having access to said records, books,
| documents and papers; that on the day
! and date last mentioned this affiant
attempted to exercise his right and
| privilege to enter said rooms and to
inspect said records, books, documents
| and papers, but was assaulted and for
chilly prevented from so doing by a
| policeman, who acted under the order
of said Governor as this affiant is in
formed and believes.
And this affiant further deposes and
| says that he is entirely ignorant OF the
facts, matters and things to which said
| iuuIClAleilt teISiS, ana Nh1l NiNAAoN -
| DILL of particulars furnishing him with
! a specification of the facts, matters and
things which the Territory proposes to
prove in this behalf, he will be unable
to properly prepare and present his de-
! Tense to said indictment.
"And affiant further deposes and says
that his motion, of which this affidavit
| IS a part is not made cautiously for the
purpose of delay, but that justice may
be done"
There was no objection on the part of
Cathcart to the motion for bill of
particulars and it was furnished, as
follows:
Item. $500, check to James H. Boyd
IN person, dated March 10 or 20, 1902,