The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1902-01-29
A CHARGE
OF FRAUD
New Sensation in
the kamalo
Case.
Defense MAY
FALL THROUGH
Court Calendar for February Term
is Out-Probate Matters
Are Presented.

Another bombshell was exploded yes
| terday In the case Of the Kamalo Sugar
Company. which has been replete with
fraud In the Incorporation papers.
made by Judge Humphreys.
The case was practically closed. and
the attorneys on both sides had an
nounced that all evidence was in, when
the court handed to the defendants
attorneys a copy Of the articles of in
corporation. and called S1eirs attention
to discrepancy in datec which he
stated as indication of fraud. The
papers were sworn to on May 4th, ~
the date in the articles was given as
April Goth. The typewriter copy
showed that the word May had been
the number not having been changed.
as the blank had not been filled. The
point made by the court is of extreme
Importance, for the testimony during
the trial has been that the company
was incorporated April goth, and that
no assessments had been received be-
fore this Incorporation. Consequently,
If the testimony of defendants was
true and the erasure in the articles
proven, it will leave them In very
peculiar position, as showing that the
assessments had been paid to the three
defendants personally and as trustees.
and not to the Kamalo Sugar Compa-
ny.
Mr.. McClanahan disclaimed any
knowledge of the erasure, as did the
remaining attorneys for the respond
ents. Messrs. Hankey and Robertson.
and Mr.. Hankey asked to be allowed
to put Hustace on the stand to testify
as to when the articles were signed
by him. Judge Humphreys stated that
he would not allow this, but that the
testimony would not have any weight.
as Hustace was apparently unable to
remember dates where thousands OF
dollars were involved. With consent
Of the compliments, the defendants
were allowed until this morning at 10
o'clock to produce disinterested wit
nesses to testify as to the date when
the articles had been signed.
Frank Foster was on the stand dur
ing the greater part of the day, and
related what work he had done to earn
the promoters fees which he had re-
ceived. He said he had been working
on the project for several years, Secur-
ing options and examining the land
with a view to establishing a 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, and related an instance where
he was compelled to climb a 5,0o0-foot
Brown and Alfred Carter. The court
ruled out all testimony as to the value
of the options for services of the de-
PENDANTS, and held that only the ques-
ton of fraud was involved
In the afternoon Hustace was re-
called by the complainants, in spite of
the objections of the respondents. who
contended that the plaintiffs had al
ready closed their case.
Respondents made another attempt
to secure a continuance because of the
absence of C. ]. Fishel, who was want
ed as witness, but the court held
hearing of the case 1t was not neces-
sary to bring him into court for the
present trial
The case will probably be submitted
Immediately upon the opening of court
this morning.
FEBRUARY CALENDAR.
The calendar for the February term
1t contains altogether $50 cases, divided
as follows: Sriminal, so; civil causes.
22O: jury waived causes, so; divorce and
separation 80. A valuable addition to
the calendar is an alphabetical index
of all cases.
COURT NOTES.
Cecil Brown yesterday, filed his an
nual account in the matter OF the es-
tate of Kaleieua Kanoa. The gross
receipts have been s2,676.60, the gross
expenditures, s1.4S9.52. leaving s1.6S4-0a
TO be apportioned among the devfsees.
d. w. Kaupiko, a legatee. who has been
receiving $50 a month, died during the
year.
A motion has been filed 10 set the
demurrer for argument in the case OF
I. c. Ables VS. G. ]. Falk ct al.
The second annual account Of the
estate OF 5. Roth was filed by Cecil
Brown yesterday. The total income for
the year was sS.oss.S4, and expenses Of
administration, s1,o2s.7 30. leaving net
income of sS,o59.14. which was paid TO
the widow.
The third account OF the estate of
Codfrev Rhodes was also fled showing