The Hawaiian gazette., 1904-06-24
CONSPIRACY
CONVICTION
The Chinese Fund
Brings More
III Luck.
(From Wednesdays Advertiser)

Jonah humalae, @ representative lor
the Fourth district, and Enoch John
son, attorney at-law, were found guilty
of conspiracy by the jury before Judge
O'Clock, after a. elaboration of about
twenty-five minutes. Defendants were
indicted for conspiring to defraud the
Territory of sS12.5O under the head of
expenses of the House special commit
tee on the Chinese fund.
The Jury consisted of David Hale
manu-, VIM. F. Erving, F. L. Dortch,
e. r. Bath, William Dunbar, L. c.
Ables, r. w. Davis, Thomas Andrews,
Charles p. Osborne. Henry P. Roth,
j. W. L. Mcclure and Frank E. Nichols.
In the jury room Mr.. Ables was elect
ed foreman.
Mr.. Ashford made a clever address
to the jury for the defense, laying
great stress on the authority claimed
for Kumalae, as chairman Of commit
'tee, to appoint it's clerk and choose its
legal adviser, Johnson having been
paid for services in both those capa-
cities. When he followed the practice
of abusing the attorney for the other
side, which he did by sarcastic refer
ences to the fishery decision at Wash
fngton, it is doubtful if ne made any
impression upon the practical men of
business who formed a large majority
of the jury.
very able presentation of the case for
the Territory, although at the disad-
vantage of having to break off in the
middle for the noon recess. Still his
concluding remarks were if anything
more closely reasoned and direct to the
points at issue than his beginning.
The claim Of Kumalae's authority in
mourning expenses at pleasure was in
part answered by quoting Representa-
tive Kumalae, in his place in the
Legislature, as saying: Let Mr..
-Chillingworth read the report as he
has done all the work." referring to
the report Of the Chinese fund COM
mittee.
After the verdict had been returned,
Mr.. Ashford noted exceptions on the
ground that it was contrary to the law
and the evidence and to the weight of
evidence, and gave notice of motion
for new trial.
Mr.. Andrews inquired as to when
sentence would be pronounced.
ARREST OF JUDGMENT.
Mr.. Ashford stated that he wished
time to prepare a motion in arrest Of
judgment.
1t was agreed that sentence be con-
tinued until 8 a. m. Friday, when the
motion in arrest OF judgment would
also be in order.
In the meantime Judge De Bolt, while
thanking all of the regular Jurors and
talesmen for their faithful services,
announced that so far as the jury was
concerned the criminal business of the
term was ended with the case just
tried.
LAND OFFICE CASES.
Andrews, in obedience to the courts
order, presented bills of particulars of
the five indictments against Edward
S. Boyd and the three indictments a
Gainst Stephen Mahaulu. These docu-
ments give the items of Land office
receipts which the defendants are
charged with appropriating to their
own use, amounting in Boyd's case to
S10,32749, and in Mahaulu's to SS545.
Condensed in minor details the parti-
'culars are as follows:
BOYD'S INDICTMENTS.
1,-November IA, 1908, s6O6.99, paid by
II. Hackfeld * Co. Ltd, by IL. Schultze,
treasurer, by check on the banking
house of Bishop & Co., endorsed by
Boyd as paid" For royalty on 1913
-eS0-22i0 tons guano from Laysan Is
land.
august 2l 1902 $500, Heretofore
deposited with II. S. Boyd. Commits
sioner of Public Lands by 4. l.. Hollo- |
way. as purchase price In full of lot
3, purchase lease, map 20, Wahiawa,
3,-Deoember 20, 1901. $4,000, paid II. |
s, Boyd, Commissioner OF Public Lands. |
by the Waianae Company, on account |
OF four months rent, portion of ahu-
puaa Lualualei.
i-First count, May s, 1908, SIS paid |
J., s. boyd, Commissioner of Public |
lands, by Ookala sugar CO., In pay |
ment OF siN months rent In advance |
lands IN liamakua
second count July O. 1908, iaslbO |
paid by Throdore y Lansing 10 y, b |
boyd, Commissioner NJ rpplo Lands,
1snl on lease lloprkea
Phiri raunl luly ai 1908 $1,000 |
paid ~ . > BOYD rs ~ liackfsla 4 I
ipl 49, nY n Fphplifs, treasurer pf /
ehpHk nn pankluE h0uts NJ nshup 4 /
Soy mlWHi hY n0}i sH 'pHl /
llNlaill SEA lntu ipRs Npspa Nmpf,i /
lnm iHfasn ilHHa
lNfi m4nl SOM gl lhl 1900 1
lall NHl FNpsB fm Nh mni /
aNnii h. nalsN flFsl ~. M pAlI |
IHnl M LII HHNiN. I4HI IH alfIN.e.