The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1902-09-27

When the case of B. Haywood Wright,
charged with embezzling public funds
was called in the police court this
morning, G. w. Ashford asked for in
formation as to the presence of ]. H.
Boyd, and Manuel Cook from the In
terror Department stated that he had
not returned. Attorney Ashford sub
mitted that the defendant being fully
secured, there was no prejudice to the
government. and asked for a postpone
ment.
Mr.. Douthitt submitted that an oral
motion was not the legal method, and
suggested that anaffidaVit should be fill
ed that a material witness was absent,
also stating the probable testimony Of
that witness.
Mr. Ashford rejoined that the custo-
dy of the money in the department
was in Mr.. Boyd's charge and his pres
ence was vital. He declined to file the
affidavit.
Judge Wilcox denied the motion for
postponement on the ground of failure
to file an affidavit. c. w. Ashford
submitted subpoenas to the judge for
witnesses necessary to the defense. The
court then continued the other five cas-
es on the docket until nine-thirty on
Monday morning.
The Attorney General called A. Cart
ley, manager of the Hawaiian Electric
Company to the stand. Ashford OBJ
1ected to a question as to the company
being a corporation and submitted that
the evidence must be in writing. This
was sustained and the books and 9TH
er evidence sent for. The check repre-
senting the franchise percentage due
the government was brought up and
e.l,nx tn hn t2yitn Ashford
objected until the paper had been sub
mitted to him and then objected to it's
going in evidence as no proof was
Ashown that the check had been paid.
The Attorney General stated that the
proof would be forthcoming later. Mr..
Gartley stated that the paper was
check, signed by him and drawn on the
Bank of Hawaii for franchise royalty
of 21a per cent on certain monies of the
gross income by the Hawaiian Electric
Company, Limited, for lighting and
power in accordance with a contract
entered into by the Department of Pub
lie Worle. The check was in favor of
the Department of Public Works for
$92S9.53 and endorsed as paid.
Mr.. Ashford wanted the contract
forthcoming. Mr.. Douthitt submitted
that the statute as shown in the civil
laws was sufficient evidence The check
was then read and submitted as evil
dence. B. H. Wright, chief clerk of the
Department of Public Works was the
endorser. "a Il
Mr.. Ashford brought out the point
that the witness had not personally de-
lvered the check.
Walter S. Binley, bookkeeper for the
Hawaiian Electric Company testified
that he had made out the body of the
cneck and delivered the same, after
signature by Mr.. Gartley, with a vouch-
er, produced by the witness, to B. H.
Wright, who signed the voucher in his
presence. The witness corroborated
Mr.. Gartley's testimony as to the pur-
pose for which the check was drawn.
Frank Atherton, assistant cashier of
the Bank of Hawaii, Ltd, would not
swear to the identity of the check be-
yond the best of his recollection. Ask
ed whether a check of that amount
was paid Attorney Ashford objected
and the question was changed to that
particular check" Witness stated that
Nhe check bore the official stamp of the
Sslnk and had been paid by them Wit
mss was familiar with the signature
of Mr.. Wright and knew it as his.
Ashford again objected that witness
had not proved his ability as an ex-
pert on writing. The check was CASH
ed but he could not swear as to whom
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