The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1904-11-25
MAHAULU'S
THIRD DAY
Manv Law Points Arise
During the
Trial.
lrrnm rhursaays AdvertIseTl

lasted yesterday. the third day. II was
devoid OF sensation. but there was
more in It for the Judge than FOR the
Jury to decide. The proceedings bris-
tied all the time with law points on
the admissibility and competence OF
the evidence the Territory offered.
L. s. Boyd. the former Commissioner
of Public Lands, who is detained IN
oahu Jail in default of bail on his ap-
peal from conviction for embezzlement,
gave some Interesting evidence-for in
stance. that of his having once obtain
ed tine combination of the Land office
safe though, according to his own
te timony, he had never handled the
cash. He mixed his dates somewhat,
voluntarily changing in the afternoon
evidence he had given in the morning.
ABOUT A CHECK.
At the opening of the morning ses-
sion j. NJ. Dowsett, treasurer of the
waianae Company, testified about
check drawn in his office on January
23 1903, in favor of the Commissioner
of Public Lands. 1t was for $500, of
which s4500 was to pay land rent te
the Government.
Mr. Thompson objected to the evi-
dence on the ground that a check for
the Commissioner of Public Lands had
nothing to do with the defendant. Mr..
Prosser having shown how the evil
dence would be connected with the de-
fendant, the witness testified he had
made diligent search for the check but
could not find 1t. AS he added that the
check had. in all probability, been de-
stroyed with other old checks by his
orders. Mr.. Thompson objected to the
witnesses further testifying about the
loss of the check because he had traced
it into the hands of another. This was
sustained and Mr.. Coombs, an employe |
of Mr.. Dowsett. was called and testi-
fed to having taken bundle of papers
to Lucas's planning mills and destroy
ed them in the furnace.
L. l. Spalding, cashier of Claus
Spreckels K Co.'S bank, was called
about the same check. Mr.. Thompson
demanded the documentary evidence
and the banks check ledger was
produced. AS the witness had not made
the entry about the check, Mr.. Thomp- |
son objected to his further testifying
on the subject. b. +. Beardmore, the
clerk who made the entry, was there
fore called and proved the entry of
payment of the check as an original
entry. Mr. Thompson's objection that
the check itself was the original entry |
was not sustained.
ED. S. BOYD TESTIFIES.
Edward S. Boyd, former Commission
er of Public Lands, was called and
examined regarding the Waianae Com
pany's payments of rent and Mary E.
Clark's payment of balance, 1925, on
a right of purchase lease. He testi-
fled the moneys We're paid to Mahaulu.
He never received any money except
his salary in the office.
on cross-eXamination Boyd said he
did once have the combination of the
safe. 1t was demanded by him of Ma
haulu when the latter had been absent
through sickness for u month. Maha-
ulu sent 1t to him in q note. The COM
bination was composed of the initials
of his (Boyd's) WIFE 1t was before the
Senate committee Investigated the Of
flee. He needed the combination to
make the months settlement with the
Treasury. Some of the money paid to
the Treasury had been received by 5.
X. Kamaiopil in Mahaulus absence.
Witness could not say whether the
Treas sury receipt for the money was
marked with the initials of himself as
the person who paid the money into
the Treasury,
BOYD CORRECTS HIMSELF.
AT the afternoon session Boyd volun-
tarily corrected his testimony about
the time he had the safe combination.
Having thought over the matter in the
meantime. he said it was when he had |
returned with the Governor from La
mai. This was after the legislative |
committee visited the office.
Boyd admitted his signature to a cer-
tlfcate that all the conditions includ-
ing that OF payment OF rent, had been
compiled with by Mary L. clark. Her
husband, Byron %. CLARK, showed him
the receipt
you certified that payment had been
made before the money was paii'
Mr. Thompson asked.
Il presume ! took II upon that fact"
BOYD answered
when asked II the money was paid
o. him he aid it nas paid into the
onlpe.
Mr Boyd wheu asked lu ihs murn-
ing whore hs lived. said ar oahu san
r. another question hr replied tHaf.
d. Eas punyl.tr1. Hs $500 slr-t i5 rag..
of thr crime ~ sHH. llIrm.nl
ELErTI1E OF STATUTE
@r rfaH.r peF BOYD $500 aisuiss-
3 F..