The Hawaiian gazette., 1904-11-29

element Of public funds made but SLOW
progress before Judge Gear yesterday.
Auditor Fisher was on the witness
stand morning and afternoon, testify
ing, with books and papers Of the Pub
lie Lands Department, regarding the
1925 paid by Mary L. Clark and the
$4,000 paid by the Waianae Company
for certain land dues respectively,
which moneys the prosecution Is at
tempting to prove were converted by
the defendant to his own use. The
Z. 1902, TO the date of the indictment.
evidence covered a period from June
1t was the same intermittent COM
bat over the competency, relevancy
and admissibility OF evidence which
had characterized the trial from the
beginning. One sample of the proceed
ings will suffice for the whole.
The ledger of land rents was intro
duced, whereupon Mr.. Thompson OBJ
jected that its admission was incom-
petent. in that the volume was not
book of original entry. The court sus-
tanned the objection.
Mr.. Prosser then questioned the wit
ness regarding the account of Mary Z.
Clark on page 4O1. On this also be-
ing objected to, the Deputy Attorney
General argued that the evidence
sought TO be presented was an admis-
sion by the defendant in his own hano-
writing.
1T is not a book of original entry"
the court remarked.
1T does not matter whether or not
1t Is a book of original entry" MIR.
Prosser contended, "as 1t is an admis-
sion in the handwriting of the Defend
ant. This is not brought before the
court as a book of original entry, but
as an admission in the defendant
handwriting. showing a sum of money
charged to Mary E. Clark on certain
date"
at only shows that he has copied
that entry from another book" the
court rejoined.
Mr.. Prosser again urged his conten-
ton of a distinction the proposed evil |
dence had from that of a matter of
original entry. on which the court
ruled:
II have no doubt that the objection
is we'll taken"
Mr. Prosser persisted by way of pre-
senting an authority.
1t was then 3:45 p. m. and the trial
was continued until 10 a. m. Monday.
The court adjourned until $3.50 the
same morning.
LATEST INDICTMENTS.
All Of the latest batch of indictments,
numbering twenty-one, returned by the
grand jury were released from the
secret file yesterday morning and a
number of the defendants arraigned.
Harry c Mossman former station
house clerk. is defendant to five indict-
ments alleging the embeZZlement of |
fifteen separate amounts of money, the
first on September 80, 1902, and the
last on the corresponding day of 1904.
The aggregate is Sl77.S0. He at first
reserved his plea, but later entered one
of not guilty, Geo. A. Davis appearing
as his counsel. An application for re-
ductiop of his bail was granted, Judge
Gear making the total $4,000 instead of
$4,000 bond was furnished under
which Mossman was released.
All Tam and eleven other Abs were
arraigned for gambling and r. w.
Breckons, as their counsel, had their
pleas reserved until Monday.
A. McDuffie, former police detective
had his pleas to five indictments for
accepting brides reserved until Mon
day by his counsel, Geo A. Davis.
All on, former policeman among the
Chinese especially, pleaded not guilty
to three separate indictments for re-
ceiving brides. Geo. A. Davis and +.
Z. Thompson are his counsel.
Defendants yet to plead, besides
those already mentioned, are the fol"
lowing: NJ. p. Lugan. embezzlement
burglary; Jose Reveira, Vagrancy; |
Henry Romero. vagrancy; otomatsu
Kawano manslaughter; Gan Gin, lot
terry tickets in possession.
THIRD COMPLAINT.
An amended complaint, for the sec
ond time, has been filed in the action
for seizure and detention of goods |
brought by the firm of yam Wo Tong
against Hofschlaeger & c.. Ltd, and
A. NJ. Brown, High Sheriff.
Defendants are charged with having,
on March 16, 1904, unlawfully, wilfully,
and forcibly broken into plaintiffs store
on t1OleI street, ana tnen ana tnefS
seized and carried away certain goods,
of which an itemlzed list is given show
ing total value of S5OS.42, and kept the
goods in their possession until April, 5,
1904, when they returned them after an
action of replevin had been brought for
their recovery. Damages are claimed
in the sum of $780, together with costs.
AN AGGRIEVED LESSEE.
In the covenant suit of Chung See VS..
Kahanuu Meek, the plea in bar stands
submitted before Judge Robinson on
briefs. l.. A. Dickey for plaintiff; j. ].
Dunno for defendant. The sum of
S2256.50 is claimed, with interest from
March "a, 1898, as damages for termi-
mating a lease on the preteXt of condi-
lions broken. According to the COM
plant, the lease was given to plaintiff
en- July s. 1895, by Keakealani Mekini
and Mekini Ohule, her husband, for the
term of ten years at $40 a year. the
leased premises being on the upper side
of Merchant street, near Alakea street.
On February s, 1897, the lessons con-