The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1902-12-02
Testimony Taken Before the Com
mittee Which Urged
Dismissal.

committee, consisting OF Senators lstn-
berg, McCaudless and Kalauokalani,
the proceedings were opened by a dis
lcussion, participated In by Mr Austin,
as TO whether counsel should be pres
eut. 1t was decided adversely and Nj.
CathCart, who sat with the committee,
retired. Following are extracts from
the testimony;
Palace Building Monday, Nov. "a 1902.
Attorney Generals Room. p. m.
Meeting Of the senatorial committee,
appointed by the Senate to investigate
the affairs of the Auditor Generals
Department.
Present: Senators u. =. Il. Isenberg
chairman, l.. L. McCandless, and d.
Kal9uokalani.
Also: Deputy Attorney General Cath
cart, II. G. Austin auditor GeueraD, j.
f.. Bush, Hawaiian Interpreter; and !.
Maurice Mcmahon. shorthand reporter.
The Chairman: Mr.. Austin, the Com
mittee of the Senate have asked you
TO come here today to talk over the
charges made against you by the Gov
ernor, and to give you hearing in this
matter.
Mr.. Austin: Before you proceed, Mr..
Isent erg, is it the intention of the Com
mittee to call witnesses and have them
examined?
The Chairman: Examined by the Ser
ate Committee.
Mr.. Austin: Then / would request
that ! be represented by counsel ia the
matter. II there was a chance for cross
examination of witnesses, l would pre-
fer to be represented by counsel. If
there is counsel on the other side.
Mr.. Cathcart: l am a disinterestet
party, unless the Committee should call
upor me for anything. The Committee
will conduct their investigation. and |
would prefer to retire If they wiz per-
init me, and leave the matter in their
hands.
The Chairman: We are no courC, NJ.
Austin; simply a Committee of the Sen
ate to investigate this matter; and OF
course some things perhaps We will
have to refer to counsel, but do not
wish to make this proceeding of
court, as we do not have that intention;
the intention of the Senate Committee
il to have you before us and give you
IA fair trial, and find out what we can.
OF course We have asked the Deputy
Attorney General to be present in re-
gard to certain matters that perhaps
he knows, but as far as counsel is con-
cerned, counsel has nothing to do with
the proceedings.
Mr.. Austin: If it was in the nature
of a court of trial, | expected that
might be the mode of procedure, and
that is the reason | asked to be repre-
scented by counsel OF course | do not
claim any legal knowledge to cross eX-
anime witnesses correctly, and to place
my case before you as well as counsel
could. Still. if you are not going to
have "A regular trial, represented by an
attorney on the other side, | leave my
self in the hands of the Committee.
Mr.. McCandless: My idea would be
to get Mr.. Austins statement. also the
statements from the other parties.
Mr.. Cathcart; Maybe it would be bet
ter, gentlemen, that l retire. | do not
want to appear as counsel against Mr..
Austin, as it is not a trial, and there
is no necessity for il. / have of course
a perfect right to give the names of the
witnesses To the Committee, and they
can examine them just as well.
: The Chairman: l think that would be
very fair, Mr.. Cathcart. If We need
you We will ask for you.
(Mr. Cathcart retires from the room)
THE FIRST CHARGE.
The Chairman: Now, the first charge
, against you is that in the latter part
of August, 1902, you applied to c. f!
Chillngworth, Deputy High Sheriff of
said Territory, to loan you for your
personal use the sum of $3.50 of the pub
lie funds collected as fines and costs
by the sald Chillingworth in his official
capacity aforesaid. We would like to
know what you have to say in the
matter.
Mr. Austin: l do not know what Mr.
Chilliggworth has said. l do not re-
member the date, but in the latter part
OF August l did apply to him for a per-
, sunal loal, | think in the peighborhood
of two hundred and fifty dollars; and
, II he received any impression that l
, expected ii from the fines and costs
p 1t was not in accordance with my in
teution. | had no intention of asking
him for loan from the public funds
! OF fines and costs; it was merely per
soual loan. lie said he didn't have it,
.. Did you on the second day OF Sep
! tembcr renew the same thing?
. A. | DO not know If il was on the
2d Of September; | think il is twice |
asked him for a personal loan.
@ What was the conversation be-
tween you and Mr.. Chillingworth?
e. A. ! asked him II he had money TO
% loan and he said he did not have any
D ut the time, as near as | recollect Il,
mat all his moneys We're in use, and he
hal no funds To loan, | asked him II
: he had turned In his fines and costs 10
! Mr Dow the head clerk ~ the Depart
] mruI ANA he said he had, That is all
. the conversation | remember In rela-
, tlun tu that
4 MT kalauokalani' pii you get two
% hundred ana hfty dollars from Mr.
70 ChllingWorth,
A, / dii not
MI Mcrandless' q Why did you
ASK Mr. rhiImgworlh Il he had turned
ln hls hnes ana costs2