The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1905-08-08

they were worth before Judge Robin
son. sitting as committing magis
trate, by the attorneys for P. D. KEEL
lett, Jr., to prevent his being held 10
the grand jury for embezzlement. E.
A. Douthitt, Oahu county attorney,
prosecuted the charge, assisted latter
ly by his deputy, F. w. Milverton. j.
A. Magoon and J. Lightfoot appeared
for the defendant.
All of the vital objections to the
charge were overruled by the court
and at p. m. the examination was,
continued until 10 a. m. Thursday. 1t
would probably have been concluded
yesterday if Magoon had not refused
to admit, as fact, that the benef-
Charles of the Barete estate offered no
objection to Kellett's appointment as
trustee when it was made. On that
members of the Barete family as wit
nesses. OF these four women and three
little boys were present. so far as called
their evidence bore out what counsel
had refused to admit.
Lightfoot opened the battle by NOV
ing for a bill of particulars which
should set forth every detail of KEEL
let's connection with the $S34.40 that
he was charged with embezzling as
backed the motion with an affidavit by
himself to show that particulars were
necessary to justice.
Douthitt opposed the motion with ar
gument, both counsel tor defendant
having argued for it. and it was de-
MED by the court. Judge Robinson
ruled that a bill of particulars might
be given as a matter of courtesy, but
on a preliminary examination could not
be demanded as a right.
NJ T. Simonton, whose examination
of the Barete trustees account led to
Kellett's arrest, was then called as a
witness He had not got beyond testi-
flying from the court records to KEEL
lett's appointment as trustee when Ma
COON started the fight of the day.
This he did by object1ng to the evil
dence on the ground, generally, that
the Hawaiian statute of embezzlement
did not cover the case of a trustee
who converted trust funds to his own
use. Both he and his associate argued
away into the afternoon session that
the legal title to the property was vest
ed in the trustee, and therefore that
the trustee could npt be guilty of en-
bezzling what legally belonged to him
self. Douthitt came in between them
with argument that the statute was
broad enough to cover the offense with
which the defendant was charged.
Judge Robinson overruled the objec-
| ton and Clerk Simonton finished testi-
flying, only few of many objections to
| his evidence being sustained. When
he went to Kellett's house on Friday,
July Is, the defendant was in bed ill.
He told the witness he had paid the
| taxes On the Barete estate and that
the tax receipt was in his bank book
in Judge De Bolts courtroom. Wit
ness asked him for the key of the desk
| drawer containing the bank book, as
he wished to complete his masters re-
port on the accounts, but Kellett de-
clined to give him the key as he hau
private papers in the desk. The de-
fehdant told him he would be down
next day and produce the book and
receipt. When he came as promised,
however, he said he had made a mis-
take, as the things were at his house,
and he went home, as he said, to get
them but never came back.
| A. w. Nicely, deputy tax assessor and
collector for the first division, Oahu,
came on the stand with the tax records
for the past four years. His evidence
was that the Barete estate taxes for
that period had not been paid. He
remembered having demanded them of
! Kellett at least twice, the second time
about month ago. With the penal
| ties for delinquency the taxes amount
| ed to 1884. 40-the amount defendant is
| charged with embezzling.
1.-THE taxes have not been paid into
the Office the witness insisted over
and over again under Magoon's cross
questioning. If an official receipt had
been given for the taxes hey could
not have been paid withoue lis Knowl-
edge. All of the receipt books except
AiS Tic olc III issue were locked I'D IN
| his safe.
MORE BAIL REQUIRED.
| After the adjournment of the pre-
| limlnary examination Judge Robinson
gave hearing to County Attorney
Douthitt and Mr. Lightfoot on the mat
ter of bail for Kellett under the two
additional warrants served on him yes
terday for embezzlement as elsewhere
reported
1t was pointed out by the county at
torney that P. D. kellett, Sr., was
surety for the defendant on three sepa-
rate bonds-his Barete trusteeship
bond, his clerks official bond and his
bond for appearance under the first
embezzlement charge-and that he
should not be accepted on the new
bonds required, as he did not possess
real estate good for SO many obIisa-
tons
Judge Robinson fixed bail under the
$174S.S7 charge at $4,000 and that under
the $50 charge at $3.50. This makes
kelletts total bail to date $3.50
THE WAIKIKI PONDS.
Lorrin Andrews and VIM. s. Flem-
ing. attorneys for defendants in the