The Hawaiian gazette., 1904-06-03
JOHNSON
KUMALAE
Alleged Payment for
Services Never
Rendered.
(From Wednesdays Advertiser.)


The trial of Jonah Kumalae AM
Enoch Johnson for conspiracy to de
fraud, the prosecution for the Terri
tory alleging that the defendants de
frauded the Territory by collectini
money for services claimed to hav
been rendered to the Chinese Fun'
Committee of the House, but which
services, it is alleged. were never Civ
en-, was commenced yesterday morning
before Judge De Bolt and jury. Mucl
documentary evidence in the shape o.
the House Journal, committee report
vouchers and a warrant on the treas
ury for s312.50, was admitted after re.
peated objections from defendants
counsel, Mr.. Ashford, and the case
finally continued until this morning al
ten o'clock.
The following jurors are hearing the
case: Albert Lucas, Jas. Bcknell, S. NJ
Kamakau, T.. o. *. East, Geo. Childs
G. D. Malone, C. ]. Ludwigsen, C. ]
Fishel, Edmund Norrie, John Coffee
E. H. Wodehouse, Jas. r. Clyne.
r. w. (Wyllie) Davis, trial juror
who was missing when his name was
called last week. to fill this jury, and
for whom a bench warrant was issued,
explained the cause of his non-appear-
ance to Judge De Bolt yesterday morn
ing and was discharged free of con-
tempt. He went to the other side of
the Island under the impression that he
was not a regular juror but only on the
special panel Deputy Sheriff Cox
found on attempting service that Wyl-
lie was out fishing and started after
him in a canoe. AS he caught his juror
well within the three-mile limit Davis
hauled up his lines and came back to
Honolulu. Judge De Bolt cautioned all
Jurors to be sure and find out from
the clerk of the court just how they
stood in order not to duplicate sdch
error
Governor Atkinson was a witness
during the morning, introducing the
House Journal, and Carlos Long and
Chillngworth, both members of the
famous Chinese committee, testified as
to its actions and the fact that Kuma-
lac was it's chairman throughout the
sessions. The vouchers under which
the money was collected call, it is said
for the services of a clerk and for legal
advice given by Enoch Johnson to the
amount of sS0.00
Mr.. Long testified that he did not
know of any clerk having been ap-
pointed or any work done as clerk by
any one but members of the commit
tee and ]. w. Girvin, who drew the re-
port and, to Mr.. Longs understanding.
also did the typewriting. This was
brought out relative to an item in the
voucher for typewriting which is alleg-
ed to be aside from that done by Mr.
Girvin. Mr.. Long further testified that
to his knowledge no legal advice was
given by Enoch Johnson. Kumalae,
said the witness, had acted as chair
man while Chillingworth acted as
clerk.
Corroborative evidence on these
points was offered by the prosecution
from w. o. Smith, J. A. Magoon, II.
f. Cooper W. G. Cooper, Governor Dole
and others who had attended the COM
mittee meetings.
An effort was made by Ashford to
strike out the evidence of certain wit
nesses on the ground that the meetings
which they attended We're not quorum
meetings, having been only held by
Messrs. Chillingworth and Long. 1t Is
claimed by Mr.. Long that he and Mr..
Chillingworth invariably did the bulk
of the work, the other members of the
committee generally being absent.
Judge De Bolt held that if the meet
ings We're regularly called the absence
of these members did not affect the
legality of the meeting as far as the
evidence was concerned. Witnesses did
not see Enoch Johnson at any of the
Henry Hapai was called to identify
the treasury warrant, No. SO, drawn
in favor of Enoch Johnson for $312.50
from the appropriation for House of
expenses.
1.-THE report was the result of gen.
eral discussion by Chillingworth. Ku-
malae and Long" said the last-named,
''and johnson had no part in it's make
up, 1t was presented by Chillingworth
and not by Kumalae, though the lat
ter was chairman of the committee"
Here the House journal was intro
duced to show that Kumalae, on the
floor of the House. stated that Chill
lingworth having done the work should
have the honor of presenting the re-
port AsnloIu pbIttltu lHdt sutH SNuNt-
ments of his client We're privileged
having been made as member OF the
Legislature and could not therefore be
used against him, This objection was
overruled by Judge DE BOLT,
The report, later brought In ns evil
denee after a stubborn fight by Ash
ford II a lengthy document which con-
inina ssyore structure on those whom
tho committed considered responsible
for The loss of tho FUND money ana tha
Escape NJ william n, WHHht
Judge nu hult Trnuy ,hIdri Arh,
fori ana Che Attorney Gyuaml Gov
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80