The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1902-11-28
BOYD SAYS
NOT GUILTY
Is Trying Now to
Delay His
Trial.
CFrom Wednesdays dolly.)

indictments preferred against him by
the grand jury. for embezzlement OF
government funds. To the third in
dctment in which Boyd was alleged
TO have taken 1900 OF the moneys be-
longing to the Republic of Hawaii,
while acting as chief clerk OF the de-
partment OF the Interior a demurrer
was entered. The demurrer was to
the effect that the indictment did not
state facts sufficient for cause of COM
plant under the laws of the Territory
OF Hawaii, though Humphreys stated
that he himself did not have much faith
in his plea.
The trial of the cases will hardly be
reached at the present term, though
the government is anxious to proceed.
The defendants are said to be DESTROYS
of interposing as many objections as
possible in an effort to delay the trial
beyond the present term OF court.
Judge Gear will preside at the next
term OF court which does not meet I'M
til February %. Gear, 1t is said, in
tends to sit alone, even though the leg
islature does not amend the law as re-
CARDS the holding of circuit court terms
concurrently. but he will not assign
cases to the other judges. 1t is the be-
lief of some attorneys that If this is
done. the other judges could call juries
and their actions would have as much
weight as that of the presiding judge.
The question has not been submitted
TO the Supreme Court, the attorneys in
the case in which the matter arises
being not anxious to press the matter,
apparently.
Boyd would much rather have his
case heard by Judge Gear than De Bolt,
who does not have such a fondness for
technicaities in the trial of a criminal
case.
TAX OFFICE CASE.
The first OF the tax Office cases was
begun yesterday before Judge DE Bolt,
but jury had not been secured at the
hour of adjournment last evening. Two
special venires were sent out, but at
the close Of court only ten Jurors had
been obtained for the trial of the case,
with eight more challenges still to be
exercised by the defendant. The indct-
ment is against Alec. Thompson and
JOS. Woodward jointly, but upon action
of the Territory the cases were sepa-
rated, it being the impression that
nOlle presequi is TO be entered as to
Woodward. This is borne out by the
statement OF Deputy Attorney General
Douthitt that Woodward would appear
as witness for the government. Judge
De Bolt stated that he would not allow
the testimony Of Woodward with case
still hanging over his bead and it may
be necessary to dismiss the one charge
I'm order to secure his testimony. Some
sensational developments ere promised
from both sides. If evidence is allowed
aside from the mere statement as to
the two personal tax collections of five
dollars each.
Davis is attorney for the defendant
and he objected to every move made
by the court or Attorney General A
jury had already been called to try
both defendants. when the motion to
sever the cases was made, and Douthitt
then asked that new jury be called.
Davis objected claiming that the de-
PENDANT had been once in jeopardy, but
mis- motion was denied. The panel of
jurors was exhausted in the morning
and ten talesmen We're ordered drawn
from the box by the court. Davis OBJ
jected and begged to quote Justice Gal
braith. when he was stopped tempcrar-
lily by Judge De Bolt In the new mo-
tons Davis forgot all about his OBJ
jections relative to the jury. The spe-
cial talesmen drawn for the trial are as
follows: ID. Kawananakoa, John A.
Hare, Joseph Seabury. G. Il. Ward,
Henry Wise o. c. Swain, J. d. Tucker,
George 5. Harris, Jr., G. H. Clapp, S.
Kamaku, John S. ellis, A. ID. Bolster.
This list was speedily exhausted not
all of the jurors having been served at
the time court opened in the afternoon,
and another adjournment was taken
to three o'clock. At that hour a sufii-
cient number of jurors had not been
obtained and another adjournment was
taken to this morning. Eighteen more
Jurors have been summoned to appear
in court for that hour, being all of the
names remaining in the jury box, which
ordinarily contained fifty names.
RULING IN DOCTORS CASE.
Judge Gear yesterday overruled the
demurrer in the case Of l. Yamara ct
al, VS.. II, f. Cooper, Treasurer, and
gave the defendant five days to answer.
Judge Gear held that the Board of Ex-
aminers which issued licenses was the
de facto board whether legally appoint
ed or not, and that the Treasurer had
TO power to revoke the licenses. Gear
said he would make the injunction per-
manent
BEFORE ROBINSON.
Judge Robinson was occupied the en-
tire day with the hearing OF the case OF
Nakulna VS., Schnack, suit for trespass,
asking $4,000 damages. Yesterday after
noon the jury, with court officials and
attorneys, visited the premises in Ka-
lihi returning later to continue the
trial, The evidence of the PLAINTIFF wa.
concluded, following which defendant
moved for non-suit, which was over
ruled, The defense is that the alleged
trespass was not upon the land Of the
plaintiff, but upon his own property.
COURT NOTES,