The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1904-12-02

| Although less than TWO hours was
consumed in the conclusion of all the
evidence yesterday, the trial of stephen
Mahaulu for embezzlement of public
money did not go to the jury. Upon
a strenuous protest OF Deputy Attorney
General Prosser against a ruling by
the court on the matter of instructions
! to the jury, Judge Gear evidently con-
cluded to sleep a night over the ques-
ton of law at issue. Pending the
agreement on instructions. the closing
addresses of counsel to the jury are
yet to be delivered.
Judge Gear supported the counsel for
the defendant in the contention that
person holding a position of financial
trust may inappropriate the money
of his employer a hundred times, each
time after the first to cover previous
theft or thefts, yet cannot be convicted
of embezzlement, as to any misappro-
priation, excepting for given sum OF
money which is actually proved TO
have been absolutely lost to his en-
ployer through conversion of such sum
to his own use or that of any other
than the owner. Applied to the case
at bar, Judge Gear thus far holds that
money paid by the Honokaa Sugar CO.
on it's own account. which has been
used to pay incorporation former
ly made on other accounts, and money
paid by Mrs. Clark on her own account,
used to make up the Honokaa account
defalcation, and so on in an endless
chain, is not in any of the cases en-
bezzled so long as it finally reaches
the Treasury. Therefore. to obtain the
conviction of any public official for
series of thefts 1t is necessary to prove
the stealing of the first sum stolen or
else the last-the intermediate mis-
appropriations to cover all previous
defalcations being a mere matter of
bookkeeping.
Mr.. Prosser, in his final appeal, in
formed the court it might as well di-
rect a verdict of acquittal at once. Mr..
| thompson UdNluB CHdlicH6tu hiiii va
this to consent to directed verdict,
the Deputy Attorney General declined
to surrender so easily. Instead he re-
called Mahaulu for the purpose of i'm
parchment and proved out Of his mouth
that he had sworn falsely when he said
that the 1925 received from Mrs. Clark
the subject of one count in the in
dictment-had been deposited in the
Treasury, to cover a previous shortage
or anything else. The final disposition
of that sum of public money is, up to
this moment, an impenetrable mystery
CLOSE OF EVIDENCE.
Mahaulu reappeared on the witness
stand at the opening of court in the
morning and his cross by
Deputy Attorney General Prosser was
resumed. He said the sum of 1925 re-
ceived by him from Mrs. Clark was
paid into the Treasury as part of a
payment of s935.37, and when asked
where the balance of $10.37 came from
could not say. The schedule was In his
handwriting.
you got Boyd to swear to that?"
He swore to it himself"
Defendant testified he knew 1t was
false, adding that Boyd knew it was
false. He knew that particular sched'
ule was false. Other schedules of Treas
ury deposits now shown him were in
correct. He did not ask Boyd to sigr
them. Drew them up for Boyd to sign
Another schedule exhibited he though
correct, because it balanced, but hi
admitted the false schedules also bal
anced. He was using money that CAME
in one month to cover UP deficiencie:
of former months.
I'm spite of that oath that the SEIZED
ule is correct is it untrue?"
81 am talking of Boyd's schedules
Make up the schedules myself. knew
them to be false. Presented them t
Boyd to sign. He (Boyd) knew the,
We're false himself. Yes 1 knew 1t too
During all that time I never spoke t.
anybody about the matter"
Mr. Prosser showed the defendant re
ceipts numbered I'LL to lila inclusiv,
dated October 25, 1902, and a checl
on Bishop & Co. for $4496.50 covering
the total amount of the receipts. Ma
haulu identified the exhibits as repre-
senting payment by the Honoka;
| sugar w., WiiSH Souiu HOt hid Gil
tered in either the stub receipt bool
or the cash hook. The entries wer,
not there, he testified. The check wa
: cashed by himself, and the money use'
to cover up previous deficiencies. TIL
$4,000 from the Waianae Co. was uset
to cover up that deficiency.
Mahaulu said he had kind of for
gotten a conversation between forme
Commissioner Brown and Boyd abou
Boyds shortage in Browns time
When the following statements of thu
conversation as made by him in thu
Attorney Generals office to Mr.. Peters
were read to him he admitted the re
port was correct viz.t H
bPeters-"You heard Brown ask BoyC
where the money was?"
Mahaulu-"Yes."
Peters-"What did Boyd say?"
Mahaulu-'He went to the safe ant
brought some drafts that had giver
him."