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

Received mail-wul reply.
Received mail-reply unnecessary"
stub There was no record Of the de-
post of this $4,000 up to June 30, 1904
Witness testified regarding the pay
ment of rentals by c. Bolte. 1915. and
by Hamakua Mill Co., sl55250, shown
by receipts exhibited. The Land Office
cash book was in the handwriting of
Edward S. Boyd. Finally he was ask
ed by Attorney General Andrews:
| From your examination of the books
of the Treasury and Of the Land Office,
have any of these three sums been paid
into the Treasury"
mo, SIR was the answer.
Mr.. Fisher identified a letter to his
predecessor. H. C. Austin giving list
Il want to refresh your memory.
Did not Mahaulu come into the office
after being arrested and tender his SER
vices?" Mr.. Chillingworth asked.
II don't think he did. He did not
come there at my invitation. think he
came in consequence of a conversation
he had had with Mr.. Pratt. 1 cannot
say what that conversation was. He
did talk of some matters under investi-
| CATION. l don't believe he was there
more than one day, about half an hour
one morning. He gave me no particu-
lar information. His information was
of no particular use to me, as all the
information / got was in checking up
the books. This showed me that GER
tain payments of leases were aban-
doned. The subject of conversation
| ha Of he,
| Office, why the general lease book had
been discontinued. Had at that time
discovered nearly all the matters and
things about which have testified this
! morning. May have asked Mahaulu
one or two questions about what / had
| discovered Did not have much con-
versation with Mahaulu while he was
there in the office; had none at any
| time subsequently. Previous to Maha-
, illus coming 1 had Pratt with me and
We knew of the defalcations from the
! absence of entries I had list. All
that was left was to compare this list
with the accounts of the leaseholders.
When Mahaulu came in 1 asked him
! something about the books. Had very
little conversation with him. 1t was
intimated to me that Brown would
probably come into the Office that morn
ing"
]. L. Horner, a Circuit Court steno-
grapher, was next called. He was pres
ent at a conversation between Mr.. Boyd
and Mr. Peters deputy Attorney Cen
>eraD, in the Executive building, in a
little room off Secretary Atkinson's Of
flee.
Mr.. Chillngworth checked the witness
from answering a question as to what
the conversation was, saying:
Il think the court should scrutinize
with great care those star chamber in
vestigations held for the purpose of OBJ
tanning evidence" He thought it should
first be shown that the defendant had
been warned before the conversation
that what he said might be used in
evidence against him.
Judge Robinson did not know any
rule of law which required a person
making a voluntary statement to be
cautioned.
Mr. Chillingworth said this was not
an investigation held in defendants
own department, but one by the pros
ecuting officer with a stenographer
present, for the purpose of obtaining
evidence. He thought he could produce
authorities to show that where a trap
had been laid the evidence was not adj
missible unless the person had been
warned. The evidence offered was a
surprise to the defense. 1t might be
taken subject to motion to strike it out
after he produced authorities.
Judge Robinson said the damage
would be done then, as II would be hard
TO disabuse the minds of the jury from
the effect of a confession.
Mr.. Chillingworth said it would take
some time to look up the books and
spoke of being somewhat handicapped
by the withdrawal of Mr.. Dunno.
Mr.. Andrews referred TO the strong
objections counsel had raised To delay
at the outset as inconsistent with the
.e9uest for time in the midst OF the |
trial.
"Mr. Attorney General" the court !
remarked these recriminations are
generally bombast. Mr.. Chllingworth, |
how much time do you want?"
Mr. Chillngworth thought he could |
not very well look up the authorities on /
such an important point before 10 .
O'Clock.
The court at lO:55 took recess until 2
D. M
OF the officers Of the Land once, which |
was signed by T., $. Boyd secretary,
cross-eNamined by Mr. Chilingworih,
Mr. Fisher said he based his statement
that the moneys had not been paid into .
the Treasury on the system ~ duplicate
receipts kept between The Auditors ana /
the Land offices, one COPY ~ tho rec
cent Was kept by the Auditor Drpq-
sits Nere shown by ihe Auditors books
30 deposits made by mo laHd once ln
'korsH ~ M receipts HHs shown by ne
cash book Niinrss bad mHde an eR-
hapailFr examination of ihe hppha NJ
no l-Hnd once % H1i assistance fnf
100 pf ihffe dayH
witness believed he arahf AZ stephen
MUhaulu about ihr arOnunia $3.50 dHY
~ found ihul hHd lreu kfrrins lfatH
lflHfr Hn arrpuni m ra.h lesae ~