The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1904-12-01
A STORY OF
GRATING
CONTINUED from page. u

not possibly have gone into any other
hands but Mahaulu's.
Mr.. Thompson said if it was circum-
stantial evidence all right, let it go to
the jury, but the jury could not find
evidence that was not there.
Mr.. Prosser said there was evidence
for the jury of Mahaulu's receipt for
$4,000 in his own handwriting.
Judge Gear disclaimed the intention
of binding the prosecution down to cir
cumstantial evidence entirely, but said
the court would have to charge the
jury on circumstantial evidence as adj
mitted. The jury having been called
in, the court denied the motion for a.
directed verdict.
Mr.. Thompson then moved that the
prosecution be forced to elect on which
count of the Indictment it would pro-
coed. Mr. Prosser for reply simply
quoted the statute on that point and
the court denied the motion, Mr.
Thompson noting an exception.
LINE OF DEFENSE.
Mr.. Thompson opened the case for the
defense to the jury, saying in SUBJ
stance: I'VE are not going to deny
that Mahaulu received from Mary E.
Clark the sum of 1925. We are not go
ing to deny that this amount is not
shown by the books to have been
credited to Mary E. Clark. We are
not going to deny that $4,000 came into
the Land Office from the Waianae
Company. We are going to show that
for a long time prior to the receipt of
these moneys there had been an indis-
criminate handling of money in the
Land Office. We are going to show
that every dollar of these moneys had
been paid into the Treasury, and that
Stephen Mahaulu never received a dol
lar of them or converted the money
to his own use. When we prove that,
we have proved all we want to-
MAHAULU TESTIFIES.
Stephen Mahaulu, defendant. being
lowing effect:
Am married. Have been in govern
ment employ since 1890, in the Land
Office since 1898. Was clerk in 1901,
sub-agent after that, under E. S. Boyd.
Those in the office were myself. Boyd
and George Rosa. was appointed in
1901 as sub-agent. Boyd was Com
missioner. I took in the cash during
the time 1 was sub-agent. Put it in
the safe.
Myself and 8oyd had access to the
safe. III. K. b." was the conbina-
ton when 1 went into the office. Prior
to the time I was in Boyd was sub
agent. When I went into the Office the
combination was not changed. Initials
in combination We're those of Mrs.
Boyd. The combination on the safe
when I went into the office was con-
tinued all the time I was there. Boyd
did know the combination of that safe,
he did go into the safe. Boyd did not
make a demand on me in August, 1903,
for the combination as he testified. He
never made such demand. He knew
the combination all the time. Besides
myself Boyd went into the, safe.
Q. Boyd testified in answer to
question of the court-s'Did you ever
open that safe and take any money out
of it yourself ?''--''No, sir Is that
true?
A. 1t is not true.
Q. Did Boyd at any time take money
out of that safe?
A. Yes.
Had conversation with Boyd about
1925 paid by Mary E. Clark. There was
a shortage and that money had to go
in to balance the books. Boyd said:
Take out that Wahiawa payment
and deposit it in the Treasury.
1t was deposited with the Treasury,
some time in June (consults book, the
goth. There was no official receipt Civ
en- for that 1925. Boyd told me not to
give an official receipt until the land
had been inspected. He inspected the
land himself. There never was an Off
eia1 receipt given for that money.
Had a conversation with Boyd about
the $500 from the Waianae Company.
He told me to issue receipt for that
money and charge it up to the Ho-
nokaa Sugar Co. 1 got the money
from the bank on the check, it was
endorsed by Boyd. 1t was paid into
he Treasury of the Territory of Ha-
waii. 1t does appear in the general
,ash, Jan. %, deposited with the Treas
Try $4,000. The Waianae check is in
GUIDED in that. He told me to charge
t up TO Honokaa Sugar Co.
@. Did he give any reason why the
1880 should be credited to any other
han the Waianae Company?
A. He told me there was a shortage
n the Honokaa Sugar Co. 1t was cash +,
d by me and turned over to the Treas
Try. The $3.50 of Mau Sing Wal was !.
urned into the Treasury. The $500 of [
r. F. Lansing was also turned into
he Treasury, but is not shown on the
,ooks because it went to cover uD a
heritage I never received a dollar of
hese moneys. The shortage was :,
3oyd's.
remember a conversation Boyd had
With me when he was going out of Of
ice. 1t was in November, 1908 He
aid:
stephen, you had better apply for
ay position and l viii apply for the
osition of bookkeeper. SO we can cover
D the shortag es.''
He told me later he had applied for