The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1904-12-02

/ consumed in the conclusion of all the
levidence yesterday, the trial of Ster hen
Mahaulu for embezzlement of public
money did not go to the jury. Upon
a strenuous protest of Deputy Attorney
| General Prosser against ruling by
| the court on the matter of instructions.
tn the Jury. Judge Gear evidently con-
cluded to sleep night over the ques-
| ton of law at issue. Pending the
agreement on Instructions, the closing
addresses of counsel to the jury are
yet to be delivered.
Judge Gear supported the counsel for
the defendant in the contention that a
person holding position of financial
trust may misappropriate the money
of his employer hundred times. each
time after the first to cover previous
theft or thefts, yet cannot be convicted
of embezzIement, as to any misappro-
priation. excepting for a given sum of
money which is actually proved TO
have been absolutely lost to his en-
ployer through conversion of such sum
to his own use or that of any other
than the owner. Applied TO the case
at bar. Judge Gear thus far holds that
money paid by the Honokaa Sugar Go.
on its own account. which has been
used to pay Interpretations former
ly made on other accounts, and money
paid by Mrs. Clark on her own account,
used to make up the Honokaa account
defalcation, and so on in an endless
chain. is not in any of the cases en- |
bezzled so long as it finally reaches !
the Treasury. Therefore. to obtain the |
conviction of any public official for !
series of thefts it is necessary to prove |
the stealing of the first sum stolen or
else the last-the intermediate mis- !
appropriate to cover all previous
defalcations being a mere matter of
bookkeeping.
Mr.. Prosser in his final appeal, in
formed the court it might as well di-
rect a verdict of acquittal at once. Mr..
Thompson having challenged him on
this to consent to a directed verdict.
the Deputy Attorney General declined
to surrender so easily. Instead he re-
called Mahaulu for the purpose. of i'm
parchment and proved out of his mouth
that he had sworn falsely when he said
that the 1925 received from Mrs Clark
the subject of one count in the in
dictment-had been deposited in the
Treasury, to cover previous shortage
or anything else. The final disposition
of that sum of public money is, up to
this moment, an impenetrable mystery.
CLOSE OF EVIDENCE.
Mahaulu reappeared on the witness
stand at the opening of court in the
morning and his cross-examination by
Deputy Attorney General Prosser was
resumed. He said the sum of 1926 re-
ceived by him from Mrs. Clark was
paid into the Treasury as part of a
payment of $935.37, and when asked
where the balance of S10.37 came from
could not say The schedule was in his
handwriting
You got Boyd to swear to that?"
He swore to it himself"
Defendant testified he knew it was
false. adding that Boyd knew it was
false. He knew that particular sched-
ule was false. Other schedules of Treas
ury deposits now shown him were in
correct. He did not ask Boyd to sign
them. Drew them up for Boyd to sign.
Another schedule exhibited he thought
correct, because it balanced, but he
admitted the false schedules also bal
anced. He was using money that came
in one month to cover up deficiencies
of former months
I'm spite of that oath that the sched-
llle is correct is it unfrue 2''
'I am talking of Royd's schedules"
Make up the schedules myself. Knew
them to be false. Presented them to
Boyd to sign. He Boyd knew they
were false himself. Yes, knew it too.
During all that time never spoke to
anybody about the matter"
Mr. Prosser showed the defendant re-
ceipts numbered I'LL to TIA inclusive
dated October %, 1902, and a check
on Bishop & Co. for S4496. so covering
the total amount of the receipts Ma
hauIu identified the exhibits as repre-
senting a payment by the Honokaa
Sugar Co.. which he could not find en-
tered in either the stub receipt book
or the cash book. The entries were
not there. he testified. The check was
cashed by himself, and the money used
to cover up previous deficiencies. The
$4,000 from the Waianae CO. was used
to cover up that deficiency.
Mahaulu said he had kind of for
gotten conversation between former
Commissioner Brown and Boyd about
Boyd's shortage in Browns time
When the following statements of the
conversation as made by him in the
Attorney Generals office to Mr.. Peters
We're read to him he admitted the re-
port was correct, viz:
Peters--'You heard Brown ask Boyd
where the money wasp
Mahaulu-'Yes."
Peters-"W What did Boyd say?''
Mahaulu-"He went to the safe and
brought some drafts that 1 had given
him.
Mr. Thompson objected to a later
question put by Mr., Prosser. because
carrying moneys forward to cover up
previous deficiencies is not embezzle- |