The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1904-10-13

Received mail-reply unnecessary
! identified Boyd's receipts for salary as
sub-agent and secretary of the fifth
| land district from September, 1900, tc
March, 1901, inclusive, at $175 month
The payment of rent for Haiku Sugar
| Co., $500, made by John Waterhouse
of the office of Alexander & Baldwin,
Ltd. as shown by defendants receipt,
was not entered in the Land Office
| books. The amount was not deposited
in the Treasury. Witness knew this
because if it had been deposited the
Land Office cash book would have
shown more money deposited than was
received. According to the receipt Civ
en- the official receipt should have been
No 800 in the blank receipt book. No.
800 receipt, shown by the witness, was
still blank and not detached from the
stub. There was no record of the de-
post of this $500 up to June 80, 1904.
Witness testified regarding the pay
ment of rentals by C. Bolte, S675, and
by Hamakua Mill Co, $1552.50, 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
II want to refresh your memory.
II; to h.
after being arrested and tender his SER
vices?' Mr.. Chillingworth asked.
Il 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. I 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 I got was in checking up
the books. This showed me that GER
tain payments of leases were aban-
doned The subject of conversation
generally was the books of the Land
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 I 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 l had Pratt with me and
We knew of the defalcatfons from the
absence of entries. 1 had list. All
that was left was to compare this list
with the accounts of the leaseholders.
When Mahaulu came in I 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 Gen
crab, in the Executive building. in a
little room off Secretary Atkinson's Of
flee.
Mr.. Chillingworth checked the witness
from answering a question to what
the conversation was, saying:
II think the court should scrutinize
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 defendant
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
| Missile 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 it 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
| -eauest for time in the midst OF the
| trial.
Mr.. Attorney General" the court
remarked. these determinations are
generally bombast. Mr.. ChilIingworth
how much time do you want?"
AR Ghillingworth thought he could
not very well look up the authorities or
| such an important point before 1:
| O'Clock.
The court at 1o:55 took recess until +:
| p. m.
of the officers of the Land Office, which
was signed bysE. s. Boyd, secretary.
Cross-examined by Mr.. Chillingworth
Mr.. Fisher said he based his statement