The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1902-11-28
MUST FIRST
FIND WRIGHT
Magoon Cannot
Be Tried Until
Then.

William II. 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 UP
before Judge De Bolt yesterday morn /
ing, the defendant being represented by
Il. c. Peters and A. $. Humphreys, !
though half dozen other law firms
signed the papers as his attorneys.
Deputy Attorney General Catncart
appeared on behalf of the Territory.
An objection to the indictment was
first presented, setting out the same
grounds as in James II. 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. II. Wright the
principal in the case had not been con-
victed Of embezzlement. Magoon al
leges in his affidavit:
That your afiiant is Informed and
believes and upon such information
~
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 afIiant 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. 7. De Bolt, First
Judge of the above named court, did
order a 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-
I ment 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 afiiant 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
u Wright.
That your afiiant has been indicted
by said grand jury as aforesaid sepa-
rate and apart from the said william
. Harrison Wright, and the said William
V Harrison Wright has not been convict
{ ed of the crime of ENLIGHTENMENT as
II charged in said indictment against him
:, nor subject to the jurisdiction of this
t court, and by the law of this land your
u affiant cannot be compelled to plead t
u the indictment herein or proceed upor
: the trial of his said cause until aftel
= the conviction of the said Wright OF
the crime of embezzlement as charged
I as aforesaid,
c u. ALFRED MAGOON."
= 1t was contended on behalf of Ma
II COON that Wright must first be founC
guilty Of ENLIGHTENMENT before he coulC
. be tried as accessory, and it was fur
l., Their set out that a plea to the indict
= ment was part of the trial. There wa
d a long argument over the question
IS cart after replying briefly, stated tina
n, ne would make no objection to a post
~ ponement of the plea.
~ Judge DE Bolt stated that as Their
vas no objection from the prosecution
u he would allow the motion. lie state
le that he did not see that any good pur
pose could be served by a plea at thi
~ time rs there was no chance for tria
SO at the present term of court. lie hel
Pc that as the guilt OF the accessory de
'' pended upon the conviction OF the prln
nj cipal, II could not be determined at thi
he time, in any event A continuance wa
r granted for the term, Humphreys re
.s' qucstiug that II not be taken up unit
h., the next regular term as he intended
"A go 10 Washington az the end ~ "a
~. month, ana would not return unit
- February
~ University uf Colorado students Wei