The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1902-11-27
MUST FIRST
FIND WRIGHT
Magoon Cannot
Be Tried Until
Then.
PLEA POSTPONED
UNTIL FEBRUARY
Accessory Cannot be Tried Until
After Conviction OF
Principal.

William H. Wright must first be con
victed of taking $4,000 from the Terri
tory of Hawaii before J. Alfred Ma,
COON can be brought to trial on the
charge of being an accessory. Upon OBJ
lection Of Magoon to pleading yesterday
the trial was continued for the term
and Magoon will remain with the in
dictment hanging over his head until
the absconding treasurer is captured
and convicted.
Magoon's case was the first called uI
before Judge De Bolt yesterday morn
Ing the defendant being represented by
E. c. Peters and A. S. Humphreys
though half a dozen other law firms
signed the papers as his attorneys.
Deputy Attorney General Catncart
appeared on behalf of the Territory.
first presented, setting out the same
grounds as in James H. Boyd's first
challenge of the grand jury, this motion
being promptly overruled. Objection
was then made to a plea at this time,
on the ground that W. H. Wright the
principal in the case had not been con-
victed of embezzlement. Magoon al
leges in his affidavit:
''That your affiant is informed and
heI; ;,@Fo ;ax,
and belief deposes it to be the fact that
heretofore, to wit: on the oath day of
September. 1902, the aforesaid William
Harrison Wright, so indicted as afore-
said, did depart from the Territory of
Hawaii to parts to your affiant I'M
known and ever since last named day
has been and now is, absent from the
Territory of Hawaii;
That on the 18th day of November,
1902, the Honorable j. T. De Bolt, First
Judge of the above named court, Adid
order d warrant of arrest to be issued
from said court, commanding the High
Sheriff Of the Territory of Hawaii, his
Deputy the Sheriff of the Island of
Oahu, or his Deputy, to arrest and take
the body of the said William Harrison
Wright and forthwith have his body
before said court, to answer the indict-
nent against him, the said Wright
but the said warrant of arrest remains
unserved or executed. and the said
Wright is not now in custody; that
your affiant is Informed and believes
and upon such information and belief
deposes it to be the fact that the said
High Sheriff and his deputies have
made true and diligent search for the
said William Harrison Wright within
the Territory of Hawaii but have been
unable to find the said Wright or to as
certain his whereabouts, and that one
Duffey, Deputy Sheriff of the Island of
Oahu, has made diligent search for the
said Wright within the State of Cali
fornia, but after dliigent search and
inquiry has been unable to find or as
certain the whereabouts of the said
Wright
That your affiant has been indicted
by said grand jury as aforesaid sepa-
rate and apart from the said William
Harrison Wright, and the said William
harrison Wright has not been convict
ed Of the crime of embezzlement as
charged in said indictment against him,
nor subject to the jurisdiction of this
court, and by the law of this land your
affiant cannot be compelled to plead to
the indictment herein or proceed upon
the trial of his said cause until after
the conviction of the said Wright of
the crime of embezzlement as charged
as aforesaid.