The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1904-11-24
MAHAUL. US
THIRD DAY
Many Law Points Arise
During the
Trial.

lasted yesterday. the third day. 1t was
devoid of sensation, but there was
more in it for the judge than for the
jury to decide. The proceedings DIS
tied all the time with law points on
the admissibiIity and competence OF
tho evidence the Territory offered.
E. S. Boyd, the former Commissioner
of Public Lands, who is detained In
oahu Jail in default of bail on his ap-
neal from conviction for embezziement,
gave some interesting evidence-for IN
stance. that of his having once obtain
ed the combination of the Land once
safe though, according to his own
testimony. he had never handled the
cash. He mixed his dates somewhat
voluntarily changing in the afternoon
evidence he had given in the morning.
ABOUT A CHECK.
At the opening of the morning ses-
sion ]. NJ. Dowsett, treasurer of the
Waianae Company, testified about a
check drawn in his office on January
%. 1903. in favor of the Commissioners
of Public Lands. 1t was for $500, Of
which $4,000 was to pay land rent te
the Government.
Mr.. Thompson objected to the evl-
dence on the ground that a check for
the Commissioner of Public Lands had
nothing to do with the defendant. Mr..
Prosser having shown how the evil
j dence would be connected with the de-
| PENDANT, the witness testified he had
made diIigent search for the check but
could not find it, AS he added that the
check had in all probability, been de-
stroyed with other old checks by his
/ orders Mr.. Thompson objected to the
witnesses further testifying about the
| loss of the check because he had traced
| it into the hands of another. This was
sustained and Mr.. Coombs, an employe
| of Mr.. Dowsett, was called and testi-
fed to having taken bundle of papers
7 to Lucas's planning mills and destroy
| ed them in the furnace.
E, l. Spalding, cashier of Claus
Spreckels & Co.'S bank, was called
about the same check. Mr.. Thompson
demanded the documentary evidence
and the banks check ledger was
produced. AS the witness had not made
the entry about the check, Mr.. Thomp-
son objected to his further testifying
on the subject. B. F. Beardmore, the
clerk who made the entry, was there
fore called and proved the entry of
payment of the check as an original
entry. Mr. Thompsons objection that
the check itself was the original entry
was not sustained.
ED. s. BOYD TESTIFIES.
Edward S. Boyd, former Commission
err of Public Lands, was called and
examined regarding the Waianae Com
pany's payments of rent and Mary E.
Clark's payment of balance, 1925, on
right of purchase lease. He testt- |
fed the moneys were paid to Mahaulu.
He never received any money except
his salary in the office.
On cross-examinatio ton Boyd said he |
did once have the combination of the |
safe. 1t was demanded by him of Ma |
haulu when the latter had been absent |
through sickness for month. Maha- |
ulu sent it to him in a note. The COM |
bination was composed of the initials |
of his (Boyds) wife. 1t was before the |
Senate committee investigated the Of |
fee. He needed the combination to |
make the months settlement with the |
Treasury. Some of the money paid to |
the Treasury had been received by S. !
K. Kamaiopili in Mahaulu's absence. |
Witness could not say whether the |
Treasury receipt for the money was |
marked with the initials of himself as |
the person who paid the money into
the Treasury.
BOYD CORRECTS HIMSELF.
At the afternoon session Boyd volun- |
tarily corrected his testimony about |
the time he had the safe combination. |
Having thought over the matter in the |
meantime. he said it was when he had
returned with the Governor from La
mai. This was after the legislative |
committee visited the Office
Boyd admitted his signature to a GER |
tificate that all the conditions includ- |
ing that of payment of rent had been |
complied with by Mary E. Clark Her
husband, Byron o. Clark, showed him |
the receipt.
You certified that payment had been |
made before the money was paid!' |
Mr.. Thompson asked.
81 presume 1 took it upon that fact"
Boyd answered.
When asked if the money was paid |
to him he said it was paid into the
office
Mr.. Boyd. when asked in the morn |
ing where he lived, said at Oahu Jail. |
To another question he replied that
he was convicted, he was sorry to say, |
of the crime of embezzlement.
ELECTION OF STATUTE.
Mr.. Prosser, after Boyd was dismiss |
ed from the stand, made a statement |
to the court announcing the election of |
the prosecution to proceed under a GER
tain statute Mr.. Thompson objected |
TO the election at that time, after a |
large portion of the Prosecutors case
had been put in. Mr.. Prosser said they |
could proceed under both of the stat
utes in question.
Judge Gear said there was nothing |
before the court
J. H. Fisher. Auditor of the Terri |
tory, was then called. On his testify
ing, from examination of the Land of
fee books, that the $4,000 paid by the |
Waianae Company and the 1925 by |