The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1904-10-14

snfi ~ rent toll hook witness told
sunr me ihefe u vas FtfanHe ihef had
nH ltdtHf fnf these accounts the sliue
De- fof the others They hunted around
aud got this houk witness produces n
huokl u was not written ~ witness
wrote iuost W " up himself some en-
tries being made Wy w. r. Lyons under
his direction. Asked Mahaulu why the
book had been abandoned and was told
Il was by Boyd's Instructions (Con-
verrntion ruled out on Mr. Chilling
worth's objectlou.D
believed Mahaulu had been arrested
then. presumed he was out on bail
Mahaulu did not volunteer assistance.
came into Land Office one day witness
was there.
AFTERNOON SESSION.
when the court resumed at p. m,
some time was spent over the admis-
sbility OF Stenographer Horner's evil
dence. The witness was examined In
the absence of the jury. with his
transcript OF notes OF the interview. as
a basis for argument. Mr.. Chilling
worth objected to the evidence on the
ground that the conversation between
Peters and Boyd did not relate to the
specific charges In the Indictment. He
quoted "Greenleaf on Evidence" and
argued that the report with its dialogue
There was n shortage" mo. there
was not" Yes. there was'-showed
intimidation and threats enough to
bring the interview within the rule
against such evidence. From United
States decision against evidence OBJ
tanned by the exertion of any improper
influence" he contended the evidence
should be excluded. as the defendant was
there in the custody of the High Sheriff.
his denials were contradicted and a
repetition of the question If there was a
shortage implied an imputation that the
defendant was not telling the truth.
After considerable argument the court
ruled the evidence admissible, Mr.. Chill
lingworth noting exceptions.
Mr.. Horner, the jury having been
called in, testified that Boyd, Peters
and himself We're the only ones present
in the tower room off the Secretary's
Office at the meeting on May 20. 1904,
so far as he recollected. j. w. Pratt
came in later. Boyd was not in custody
so far as he knew. Peters asked Boyd
If there was any shortage in the Land
Office at the time he gave up the office
of secretary and sub-agent to become
Commissioner. Boyd said there was
not ana refers asked MIN the question
repeatedly with variations, in substance
accusing him of lying. There was eX-
animation of Boyd on specific amounts.
Witness could not say IL the sheriff was
present, thought he saw him immedi-
ately after the interview did nor
know how Royd got there. he was in
the room when Peters and witness en-
tered
Witness was not allowed IN road from,
his report. though permitted to refresh
his memory therefrom He was NOT
Questioned on the contents bevond what
was necessary to nrove that Rovd IN
the interview denied that tbere was anv
shortage
T. w. Pratt testified he was nresent
at mart of the conversation in the tower
room on Nav 90 Boyd was NOT under
arrest Mt the time
Cross-examined. he knew Boyd was
not under arrest because after the in
teryiew the Governor censured the At
torney Generals Department for not
placinr him under arrest. He nipht
have arrived i'm company with the High
Sheriff, but was not under arrest,
Witness knew this from a conversation
with the Governor in which he took
part.
A motion to strike out Mr.. Pratt's
evidence was denied.
The prosecution then rested.
EvJDENCE EoR DEEENSE
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