The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1902-01-31
4 CHARGE
Of FRAUD
New Sensation in
the kamalo
Case.
(From Wednesdays daily.)

ga nj ~ IA 81 m
,,a @,
No'"P"hs' "H''n mas oee" 'ep'e'e wiz"
sensational surprises, by the charge or
fraud in the incorporation papers,
p,.de nv Judyo uumnbreys
r,a -. 80 a.,a.,,.. 49,,
i'e vase was p'"e'ie"'is e'oseu' anu
the attorneys on both sides had an
nounced that all evidence was N. when
~. oou,, handed 60 tho ao,o,,,,,,,.,
attorneys copy Oh the articles or IN
.oipo,a.'oli, anu calleu 'heir ATTENTION
10 discrepancy III oates Whlch ne
s'ateu us INDICATION OF Iraud. me
papers were sworn to on May attn. and,
the date IN the articles was given as
April zVth. me typewritten copy
showed that me word May mad been
erased ana April substituted In Ink.
INC hummer not having peen cnanSeu,
as 'ie piahk hau not peen niied. Inc
Poiht iiaue ny the court is Oh extreme
!,hpor.at,ce' LOT the testimony curing
the trial mas been that the company
was incorporated Aprll zoth' ana tnat
no assessiheh,s huu peeh reeelNeu pc
iore this incorporation; consequently.
II the testimony Oh uerenaahts was
true ana tne erasure IN the articles
PfoNvh' II WIZ ieaNe .heiii III very
peculiar positlon' as showing that the
assessments hau peen paia 10 the three
oelehuah.s personally ana as trustees,
ana not TO the kamalo sugar Compa-
ny.
Ny. McClahahan disciaimed any
kho"ieuse OF the erasure, as ala the
'eliaii.,hs attorneys LOT the respond
ehts' Messrs' fiankc9 ana hopertsoh.
ana MI Hahkey asked TO be allowed
TO put Hustace on the stand TO testiry
as 10 Wnen the articles were signed
by MN. Judge humphreys stated that
testimony would not nave any weight,
as Hustace was apparently unable TO
remember oates Where thousands or
oollarS were involved. with consent
oil the compartments the defendants
were aAo"eu until this morning at ~
O'Clock TO produce disinterested wit
nesses TO TESTIFY as to the date when
the articles mad peen signed.
FRANK Foster was on the stand dur,
ing lhe Greater part or the uay' ana
Ieiateu what work ne had done TO earn
ceived. He said he had been working
on the project for several years. secur-
Ing options ana examining the land
with view to establishing Il sugar
plantation. He didn't believe the coun
try was ripe for the project until after
annexation, at which time the kamalo
Sugar Company was launched. He told
also of the difficulty in securing water
rights ana related an instance where
nr.cinice tn yet abeah oT MorahaI
Rrown and Alfred Garter Two court
rulaI ont all testimony nc to tha voIma
of tho ontions fnr sarvice. of Tho IA
fandants and bald tha, on,v tba cues
ton Of fraud was involved.
In tho afternoon uuatac. y,, r.-
called bv the cnmniainants IN snita of
tha Oh ioo,tar, 90 ~ rasnanl a.
contended that the n,aintifrs had A.
reodv closed their case
Desnondents made nno,her ,ttomn,
tn secure n continuance hehause of tho
absence of g 7 Fishel who vas want
cd os n uitpnss hut tha cour, baia
tbat nc no u,as not nrasant d,,ri,, 49,,
hearing or thn Case &, u,as not nocas,
sarv to bring him into cour, ,nr the
nrosant triai ~
rho cosa ,,,u nro,o,,,, ,o s,,,,,.,o,
ip,n,odia toll, unor ~ n,,ont,, -, 80.
this morning e -
FEBRUARY CALENDAR.
The calendar for the February term
Of Circuit Court was issued yesterday.
1t contains altogether $50 cases. divided
as follows: Criminal. so: civil causes.
220 jury waived causes. 50: divorce and
separation, 30. A valuable addition to
the calendar Is an alphabetical index
of all cases.
cOITRT NOTES
zen brown yesterday hled ms an
huai ascpuli' III 'he matter Oh the es-
.alo VI hale'pua hanoa, No Inc gross
icceipIs nave neem sz'o'o'oo, the cross
expenditures, N'fs2.o2' leaving sl'6Sf.oS
W De apportloheu among the oeVisees.
~ w. Naupiko' iesa'ee, VINO mas oeen
year.
motion has been filed to set the
uc'lu',er LOT aISuIhent IN the case OF
- rha snoon w. ~, =, aah e, a. A..
estate of Roth vas elod hv canii
Brown Yesterday, The total income for
the year was s9.Oss. 81, and expenses of
administration, s1,O29. 20, leaving a net
income Of $S,059 IA, which was paid to
the widow.