The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1903-03-06
BOYD MAKES
HARD FIGHT
Case May Go TO
Jury Before
Night.
Hard To Connect the
Checks and Cash
With Boyd.
Motion for Directed Verdict
Win be Made by the Defend
ant - The Evidence.

The trial OF the Boyd case may be
concluded today. A jury was secured
ON the opening of court yesterday
morning and nearly all of the evidence
for the prosecution is already in The
prosecution will probably have closed
by noon and the defense will then make
motion to instruct the jury to acquit,
on the ground that no connection has
been shown between the money alleged
to have been embezzled and Jas. II.
Boyd the defendant.
There are three natives on the jury
which is hearing the case, B. w.
Houghtailing being the first man called
yesterday morning, and he was imme-
diateiy accepted. The jury is compos-
ed as follows:
BENJAMIN r. Campbell. Chas. N. Mar
quez. C. K. Quinn. Chas. Dickerson.
Vincent Fernandez. John A. Noble.
Geo. o'Hara, Geo. H Greene, A. E.
Lloyd, Jos. Richards, Benz. w. Hougn-
failing and Bert Sharratt.
At the opening of the trial Mr.. Rob-
ertson for the defense agreed to admit
that Boyd was superintendent of Pub
lie Works during the times mentioned
in the Indictment. Mr.. Cathcart made
the opening statement to the jury. He
said that he would prove that Boyd has
received a check for 5000 from the Ho-
nolulu Clay Co. on March 2, 1902, and
that on the same day he deposited
similar amount to his credit in Spreck-
els bank On the second count he said
he would show that Boyd had received
a check for 1850 from c. B. Cooper on
June 10, 1902. and a day later had de-
posted the sum of $500 to his credit
in SpreckeIs' bank.
r. d. Mead was the first witness. He
testified that he had arranged with
Boyd the quieting of the title of the
land of the Honolulu Clay Co. in Nuu-
anu Valley and had agreed to pay him
5000 for a deed. This was done, the
Jas. H. Boyd by w. o. Smith as trus-
tee.
DR.. c. B. Cooper. the next witness,
testified that he had given Boyd a
check for 1850 on June 10. 1902. in pay
ment for land on Tantalus. and that
the check had been returned to him as
paid by Bishop & Co.
Manuel Cook was the next witness
and testified regarding the payment of
money into the Public Works office.
He related the various payments in the
office as shown by the books. which
were admitted by the court over the
objection of the defendant. He testi-
fed also that his books showed no pay
ment OF the items of $500 and $3.50.
F. c. Anterior of the Bank of Ha-
wall testified that he had cashed the
check for 5000. that the check had been
indorsed by Boyd. but that the money
was not paid to him. He thought |
messenger had cashed the check.
Henry Hapai. registrar of the Treas
ury. testified that there had been no |
payments into the Treasury Depart
ment by the Superintendent of Pubic |
Works from March to October Both, |
1902
]. Tarn McGrew testified that he had |
paid the check of 1850. not to Bovd, |
but to a messenger Of the Public Works |
office who always cashed the checks.
H. H. Walker of SpreckeIs & Co. was
then put on the stand to testify as to |
deposits made by ]. H. Boyd, but the
court sustained an objection on the
ground that there had been no showing
as yet that Boyd had personally re-
eeived the money on the checks.
T. s Boyd, Land Commissioner. testi-
fed that the town lots We're under the
supervision of the Minister of Interior
and later of the Superintendent of Pub
lie Works. He said that the land sold
To the Honolulu Clay Co. was about a
mile and half from town. He said
that they were within the town limits.
and upon Robertson's suggestion said
the town extended from Moanaiua to
Maunalua and from the sea TO the first
ridge
Robertson said that the records
should show whether or not the town
lots were within the Jurisdiction of j.
H Boyd. and the point will be raised
that Boyd had no right or authority
to sell this land as Il was properly with
in the province of the Land Office.
Walker is to be recalled by the pros