The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1905-01-03

COME FORTH
Richardson to Be Tried
Mandamus Case.
Foreclosure.
frrom sundays Adyertiserl

eral Peters before Judge Robinson yes
aerday morning. While he would be
reading one in English, the interpre-
tiers in two other languages would be
dealing out presentments he had pre-
viously read. OF course the accused
did not plead simultaneously. That
would have put the clerk and the stem
ographer crazy, and started free
fight at the bar.
OF % indictments returned by the
grand jury the previous afternoon, the
accused persons had all been rounded
ND excepting one over in Waialua.
Arrangements were as follows:
Domingo Ferreira and John Cahral,
ARRAY. Cabral pleaded guilty but,
having paid a fine in the District
Court, sentence was suspended and
defendant allowed to go on his own
recognizance. Ferreira had appealed
from the District Court. AS he did rot
appear now. a bench warrant was is
sued for his arrest.
j. E. Fullerton pleaded not guilty to
separate indictments for assault and
battery. malicious injury and gross
eheat-all connected with an ejectment
process.
Pedro Ferreira, a young boy, plead
ed guilty to larceny of silver W itch.
Sentence was suspended for thirteen
months.
Sun Hing Chus plea to assault and
battery was reserved, under bond of
$1,000.
Kawasah pleaded not guilty to che
ia tickets in possession and was adj
United to 500 bail.
J. K. Nakookoo libeling Frank IIar-
vey. late candidate for Senator, re-
served plea under bond of $500.
Stephen Umauma, libeling Curtis
p. Iaukea, late candidate for Con-
gress. reserved plea under bond Of
$500.
Takata, murder in the first degree,
had no counsel but pleaded not guilty
Hama Kealoha, burglary in the sec
ond degree, pleaded guilty. Sentence
was deferred until next term.
Chan All, Chin Lung and Chich Chm
Yee. che fa gaming, pleaded not guilty
under two indictments.
Nishimura, attempting to bride a
police officer, was represented by an
other man arrested by mistake. Els
arrangement was deferred.
Fushmura attempting to bride Dep
uty Sheriff Rawlins, pleaded not gull
ty
Hung Chu che IA gaming, pleaded
not guilty and gave bail in 500.
Koseki pleaded not guilty of 1ur-
dering another Japanese at Iwllei.
J. w. Redhouse. larceny in the first
degree for capturing a buggy in the
street which had been withheld from
him by w w. Wright for a repairs
bill. pleaded not guilty.
Yamamoto, on his plea of guilty to
assault with intent to murder, had his
case continued.
Palekapu. pleading guilty to Illicit
liquor selling. was fined $780,
All Lum, che ia gaming, pleaded not
guilty.
RICHARDSON IS HELD.
Edward V. Richardson will have to
stand his trial for embezzlement of
public money BY unanimous decision
OF the Supreme Court the Circuit Court
Is sustained in overruling the demur-
rer to Indictment. Chief Justice Frear
writes the opinion, of which the fol-
lowing Is the syllabus:
I'm an indictment of an officer for
embezzlement, it ia not necessary to
set forth particularly in what manner
or by whom he was appointed,
Under a statute relating to embez-
ziement by officers and others who are
charged by law, regulation or appoint
ment' with the safe-keeping, transfer
OF disbursement of money, 1t is not
duplicitous to aver in an Indictment
that the officer was so charged by law
regulation and appointment instead of |
by only one OF these methods. they
not being inconsistent methods
Under such statute, an inferior
oficer or clerk whose office or appoint
ment is recognized by statute only in
the appropriation bill is within the
statute II he is charged with the safe
keeping. etc, of money by regulation
or appointment; he need not be charg-
ed by law.
"A clerk OF the waterworks NAV be
charged by regulation or appointment
with the safe-keeping. transfer or dis. |
bursement OF money although the su-
perintendent Of waterworks is charg- |
ed by law with the duty to collect all |
water rates from ships and persons in !
Honolulu or its vj-inity'"
T.. c. Peters for the Territory; Rob
srtson & Wilder for defendant.
HoLLowAY's ANSWER
C. s. Holloway. Superintendent of |
Public Works, by Attorney General !
Andrews and ], w. Cathcart has filed |
an answer to the application of Ha-
Waiian Dredging Co. for a writ of
mandamus. He says the approprla-
ton for dredging was exhausted after
December 81, 1903. Respondent and
petitioner made two contracts for
dredging which are explained in the
answer. Under the first. which was
completed, the petitioner was paid the
price thereof. $4,000. and after that
payment and other expenditures for in
spection, etc, there remained in the
appropriation the sum of sSll625. which
under agreement was to be expended