The Hawaiian gazette., 1904-12-16
MAY SWORE
At BITING
testimony Somewhat
Sensational In En-
bezzlement Case.
,From Wednesdays Advertiser)


charged with the embezzlemeht o.
$1,000 belonging to the WIDOW OF ui'
late Jose Bettencourt, took a sofne"ha
sensational turn in Judge Robinson
court yesterday when Attorney Bl'liht
was nut on the stand as the chlet VIII
ness for the prosecution. The prosecu-
tion. by the way, closed its case WIN
Mr. FITTINGS testimony and, the de-
fense not being ready to go on, the
eass went over until Thursday morn
ing ~
Mr. Biting had acted as the attor-
pev for the widow Bettencourt IN at
tempting to collect from May the a
mount of the life insurance upon Bet
tencourt's life. He told, in detail ana
with some dramatic effect, the story
OF how he had tried to collect the mon
ey for the widow, and of how May
had evaded the payment of the as
puted sum upon various preteNts
Finally, as he did not seem TO make
any progress in the matter of the col
lection of the money, Biting wrote
letter to the head office of the Ger-
mania Life Insurance Company, In the
employ of which concern May was at
that time. This letter, Biting testi-
fed as an addendum to his main story,
produced results.
'Mr. May came to my ofiice,' the
witness said, "and said to me, You
have pushed this matter to the ex-
treme and, d-n you, 1 will hound you
until l kill you.'"
Nav. who had been sitting beside his
attorney, Mr.. Dunno, somewhat ner-
a. hic nnpIgtnphp laugh
ed a little to himself when this testi-
mony was given, and ripping sfhile
went around through the jury box.
Biting. resuming his testimony, said
that May had called upon him several
times with reference to the claim OF
Mrs Bettencourt, and had finally told
him after Biting had secured a copy
of his release from bond in the sum
of $1,000 for the executrix of the estate
of Bettencourt, that he had invested
the thousand dollars in stock of the
Pacific Mill Company. But, SAID
Biting, "he never showed me the
stock, and l never saw it.
1t developed that the defendant him.
self was the promoter of the Pacinc
Mill Company, and that he had invest
ed the money, according to his story
to Biting, in his own company.
There was no cross-examination OF
this witness, and at the conclusion OF
his testimony Attorney Dunno moved
that the court instruct the jury to ac-
quit the defendant. This motion was
denied Then Mr.. Dunno argued that
the Attorney General should have put
on a certain witness, one Dutra who
was not called, and whom he had ex-
pected to be called. This matter was
threshed out at some length and, as
Mr. Andrews said that he did not In
tend to call the witness, Dunno said
that that determination left him rath-
cr in the air, as he had no witnesses
on hand. 1t was on this showing that
the case went over until Thursday
morning.
The session yesterday morning was
devoted largely to the testimony OF
Mrs Bettencourt, the widow OF the
man whose insurance policy May Is al
legged to have embezzled. She tesu-
fed that her husband had policy for
$1,000 which she had given to May after
her husbands death, so that he could
get the money for her.
May said he would have to have
some proof of her husbands death.
May was agent for the Germania In
surance Company. May had gone on
her bond as administrators and after
she had signed all the papers, May told
her he had sent them to the Germania
Company. She then signed a draft In
Mays office, she thought this was for
the amount TO come from the policy.
May said that he could keep the money
in his Office for her. The arrangement
was that May was to keep the money
for six months so that If there We're
claims against her husbands estate
she need not say anything about the
money. May told her to be quiet about
1t as he was her bondsman and 1t might
get him into trouble.
After Dutra had told her something
about the money she went to see May
and asked him about the amount or
the policy May said he was very sorry
but he had invested her money with
$4,000 in the Pacific Mill. She had not
told him to invest her money at any
time. He gave her no stock, nor even
q receipt After that she called many
times but never got any from him so
she went to lawyer Biting about it,
May told her that he did not like her
getting a lawyer. He got very angry,
Here Attorney General Andrews pro-
duced an agreement which Mrs. Bet
tencourt identified. 1t was to allow her
to reside in a house on Punchbowl
from month to month until he could
pay her $1,000 less SIS a month for rent
She had not signed this paper, May al
so offered her three lots in Kaimuki II
settlement of her claim.
Cross-examined by Attorney Dunn'
Mrs. Bettencourt said that her HUSBAND
left no other estate than the $1,000 pol
Icy. Her husband she knew had beel
in debt and she feared that If the cred
itora knew of the insurance none
they would take it. Dutra suggeste
that May should be asked to act a
bondsman. May at first refused bu
afterwards agreed.
She denied absolutely saying tina
when the money came May could inves
1t for her so that he could pay himsel
for having done the favor to her.