The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1904-12-03

dictInent charging him with eh'pe@-
z1ng the respective sums of 1925 and
$4,000 from the Territory of Hawaii
while he held the offices of chief clerk
and district sub-agent in the Depart
ment of Public Lands.
The jury was out precisely ten min
,1tes considering its verdict, which was
rendered a few moments before noon
yesterday.
ADDRESS FOR DEFENSE.
Mr.. Thompson had taken thirty min
utes in his closing address to the jury
He informed the jurors that the court
would instruct them that the entering
of a payment on one account to cover
a shortage on another account was not
embezzlement if the money paid ulti-
nately reached the Treasury stress
was laid on the omission by the prose-
cution to produce the Treasury deposit
slip for a deposit of $1400 representing
land sales which Mahaulu said contain
ed the 1925 paid by Mary E. Clark. Mr..
Thompson acknowledged the rotten
state of affairs in the Land Office and
Mahaulu's implication therein, but urg-
ed on the jury that the defendant was
not on trial for conspiracy or ''ungen-
tIemanly conduct" or anything but en-
bezzlement He bestowed considerable
rhetoric on a description of the char
-i.,r,ea
Boyd, instancing an afterthought that
came to Boyd in the Jail yard at recess,
the day he testified, which induced him
to change his testimony OF the morn
ing in the afternoon because he feared
it would let Mahaulu out" 1t was
contended that the crime of embez-
Element had not been proved against
the defendant on either count, and the
Jurors were warned on their oath
against gratifying thirst of some
people for filing the prison for the sake
of their own political preferment. Mr..
Thompson was glad that the prosecu-
ton had exercised it's prerogative liz
wedding native HawaiianS out of the
jury, so that all race prejudice was
eliminated from their deliberations
and the issue left with straight Amer
lean jury.
ADDRESS FOR PROSECUTION.
Deputy Attorney General Prosser for
the Territory occupied scant twenty
minutes in his closing address for the
Territory. At the outset he said one
could generally tell early in a criminal
trial what line of defense was to be
Ia ken. In this case the trial had not
proceeded three hours until it was clear.
that the defendants sole reliance was
upon technical objections. BY far the
greater portion of the eleven days of
the trial was taken up with the discus
sion of the defendants objections on
law points, all of which might have
been disposed of in five minutes. Mr.
Prosser was saying 20 the jury that
when Mahaulu, as he had admitted,
took $4,000 of the Territory's money to
cover a defalcation of E. S. Boyd's he
committed embezzlement just the same
as if he used the money to pay Boyd's
water rates or his wine bill.
THE COURT OFFENDED.
Judge Gear here interrupted the Dep
uty Attorney General, telling him he
had no right to make a statement of
lew to the jury which was contrary
to the intended instructions of the
court as made known to counsel in the
absence of the jury.
Mr.. Prosser remarked that Mr..
Thompson had addressed the jury on
that point and, being informed that his
course was improper, turned to the jury
with the remark:
Having received a polite jolt from
the court, I have no more to say on
this subject
Judge Gear asked him what was the
remark he had made about the court
and when 1t was repeated to him stat
ed that the language was improper and
would not be allowed. Mr.. Prosser dis
claimed any intention of disrespect ard
Judge Gear instructed the jury to dis
regard entirely the statements bearing
on the law of the case which the Dep
uty Attorney General had just made.
STRAIGHT CASE ARGUED.
| Mr.. Prosser then concluded his adj
dress without further interruption. He
showed the cash book where Mabaulu
had marked the item "$935.37'' as the
deposit containing the 1925 Clark money
and, dwelling a little on Mahaulus ad-
| nnitted false swearing, urged that a
clear case of embezzlement was made
out It was time something was done
| to stop the stealing of public money
The jurors were taxpayers as Mr.,
Thompson himself was, but defendant
counsel was perhaps the only one who
was not kicking, as he was going tc
get some of the stolen money hack. Mr.
Thompson laughed witt, the rest of the
audience at this pleasantly.
MASSACHUSETTS LAW GOES.
The courts instructions to the jury
were lengthy, taking thirty-five min
utes to deliver. They contained the Law
Of the Massachusetts decision cited b,
the defense, in preference to that o
the iowa decision cited by the prose
cation, to the effect that rnisaplro
priatiors of money to cover up embez
elements were not in themselves EN-
bezzlement.
MORE INDICTMENTS.
~ There are three more Indictment