The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1905-08-04
KELLETT CASE
is PUT OVER

p. Danson Kellett. late deputy clerk
Of the Circuit Court, charged with
the misappropriation OF trust FUNDS
and liable TO be charged with several
other things in addition to that, is
out on s25oo bail with his father, p.
ID. Kellett, Sr.. and c. b. Dwight as
his sureties, and his preliminary ex-
animation was yesterday put over by
Judge Robinson, sitting as a commit
ting magistrate, until next Monday
morning at 10 o'clock. County Attor-
ney Douthitt is prosecuting kelett,
ana the accused man is represented
by J. A. Magoon.
In the meantime, the investigation
into the affairs of Kellett is being
continued by the authorities. 1t seems
now that Kellett began to run short
in his accounts with the estates wnicn
represented as long ago as April, 1908.
Among the estates in which he hao
failed to pay out money as adminis-
traitor was that of Keauolani. This
estate has long been closed up, so Tar
as the courts are concerned, and yet
the sum of $1O.25 is still due on an
advertising account for the estate.
This sum was included in the final
account of Kellett's charges against
the estate, and yet there Is no voucher
to show that the account was paid.
And, in fact, it is said to be still un-
paid. although Kellett collected for it
from the estate.
There are a great many other cases
q the same kind, it is thought, that
will be shown when all the bills come
in. Yesterday Judge De Bolt express
ed the greatest surprise at the down
fall of Kellett. 1T would be impossi-
BILE to get a successor in whom l
could have had more confidence the
Judge is reported to have said. Mr..
Kellett was apparently as faithful and
reliable a clerk as could be secured.
He was very attentive to his duties,
and always ready with court work.
No clerk could possibly have kept
things in better shape than he did, and
thought his financial affairs were in
good shape, too
In fact, there was considerable sur
in court circles, but all over town.
And, among other comment upon 1t.
was a very general condemnation of
'the common court practice of making
clerks administrators and trustees of
estates.
"Those men are paid for their time
by the territory" said Acting Cover
nor Atkinson, "and should give their
time for their pay"
1t is felt, indeed, that giving the
clerks these outside matters te handle
not only detracts from their value to
the court, but places before them
temptations to which 1t is not right
that they should be exposed. The ad-
ministration could be handled much
better by responsible outsiders. by an
elected official, and judges would be
more apt to be strict with men with
whom they were not thrown into daily
association. There is nc such practice,
for example, in the Federal Cortland
there are no such scandals, either.
NEXT TERM OF COURT.
The next term of the Circuit Court
will be the first term under the county.
The calendar Is now being prepared
by Judge Lindsay, who will have
charge of criminal matters, and who
will have the grand jury. The term
will be begun on the first Monday in
September, and will be carried on
under the old jury law. County Attor-
ney Douthitt will prosecute all criminal
ceases. The civil calendar will be di-
vided between De Bolt and Robinson
both of whom will have trial juries
II is expected that at this term, which
will be a long one. lasting until the
end of the year, the validity of the
jury law may be tested.
TAX APPEAL CASES.
The tax appeal of the Honolulu Iror
Works, one of the largest hled this
year, has been withdrawn and settled
The Iron Works appealed from an as
sessment of $9S2,672, claiming that tn,
property was only worth $500, 900. Tn,
settlement is on a basis of $3.50. .00
valuation. Two other cases have als'
been settled, namely that of the Waia
nae Company, which appealed from al
assessment of $4,000 on property which
is claimed was not assessable at all
1t has withdrawn the appeal, having
been advised that the assessment wa
proper. Similar action was taken b.
J. NJ. Dowsett on an assessment o
$314713 on agency contracts.
The list of tax appeals in this cir
cult is an unusually small one, and wi
probably be smaller. The list as it
now follows:
Return Assess
Made. ment
A Perry ...........s $500 $3.50
Eliza S. Wilder. r.... 10000 SO,OC
c. A. Riggs. ........... 2,700 3,1t
May I. Peters. 500 81
Queens Hospital ...... ...,.. 1870
r. w. Hoffman. 1900 7,0I
j. A. Magoon. n........... $4,000 2l,5
Maeoon & Lightfoot 10000 1870