The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1904-11-29
ONE MORE
DAY PASSES
Fishers Testimony
Held Good BY
Court.

stephen Mahaulu's trial for embez-
element OF public moneys has dragged
through another day. After Judge
Gear delivered his ruling on the Gov
ernor's refusal to appear as a witness
elsewhere reported, Deputy Attorney
General Prosser moved that the jury
be instructed to disregard the state
ments just made by the court.
quite proper and accordingly in
structed the jury that nothing con-
tanned in the ruling of the court should
be regarded by them as evidence.
Mr.. Prosser was about addressing
Land Office schedules, the admissibility
of which was under contest when the
trial was adjourned on Friday The
court cut him short with ruling that
the schedules would be admitted.
]. II. Fisher. Auditor of the Terri
tory then resumed the witness stand.
His examination on the Land Office
records was concluded. On cross-ex-
amina ton he admitted that upon his
appointment to office he had placed
his resignation in the Governors
hands, and then on redirect examina-
ton testified that he did not know
whether or not his resignation had
been accepted.
Mr. Thompson for the defendant
then moved that the testimony of Mr..
Fisher be stricken out on the ground
that he was not the Auditor of the
Territory because he had given his
resignation to the Governor.
Judge Gear took until after recess
to rule on the motion. When the court
resumed at o'clock he denied the mo-
ton. After some remarks based on
the Organic Act to the effect that the
taking of undated designations from
officials by the Governor was illegal
adding that If the appointment and
resignation were both valid the officia
might withdraw his resignation at any
time, the court thus decided:
There being no doubt that Mr.
Fisher has been and is now acting al
a de facto officer of a de jure Office
his testimony should not be stricken
out, even II he does not hold the offic,
under a full and legal appointment
| The motion to strike out on the grount
| stated will therefore be denied
Auditor Fsher'was then again called
to the stand, this time to be examined
on the books of the Treasury with re
lation to the case.
Mr.. Prosser expects to conclude tn,
case for the prosecution today.
PARKER CASE INNINGS.
There was an Eruption OF attorney
in the Parker guardianship matte
yesterday morning, the Mahaulu tria
being sidetracked for a few minute
until the court should find what 1t wa
all about.
Mr. Magoon, attorney for petitione
Low, wanted TO have the testimony c
for the mainland on Wednesday.
Mr.. Kinney. of counsel for the guar
dian, raised laugh by saying, 1--WE d
not wish to press those contempt pro
ceedings against the court" the allu
sion being to the suspension of the cas-
pending the appeal to the Federal Su
preme Court on the question of juris
diction.
Judge Gear said he had received no re
straining order from the Suprem
Court. 1t was quite proper to have NJ
McCrosson's testimony taken, but tn
court would not hear the whole mat
ter at that time owing to the Mahaul
trial.
The taking of Mr. McCrosson's test
mony was set for o'clock. when
proceeded with all parties to the lit
cation represented.
ARRANGEMENTS.
A. McDufiie's pleas, under indictment
for receiving brides as a police office
were further continued yesterday unit
tomorrow.
William Hoopii pleaded not guilty
burglary.
huramatsu pleaded not guilty
manslaughter.
MANDAMUS TO DE BOLT.
A writ of mandamus to Judge ].
De Bolt has been ordered to issue b
Chief Justice w. F. Frear, on the pet
tion of John ID. Spreckels and Adolp
b. Spreckels, partners under the nan
OF John ID. Spreckels Brothers. TT
writ is made returnable before the ST
preme Court on Monday. Dec. 5, at
a. M, and commands Judge De Bolt I
proceed with the hearing of the caus
of Charles A. Brown VS.. John /
Spreckels and others or show cause I
the contrary.
There is history of the cause give
Ia the petition. 1t is an action in ejec
ment which was filed in the Fourth Cil
cult Court in December, 1899, and can
on for hearing before Judge Little, WI
after one mistrial ordered a nonsuit {
be entered. This order was reverse
by the Supreme Court and a new tri
ordered. Thereafter the present pet
TONERS moved for a change of venu
which was contested by the plainti
but without raising the pOint of -Judp