The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1906-12-06
was taken accordingly
AFTERNOON SESSION.

: AFTERNOON SESSION.
A large crowd was present at
o'clock. In Browns corner wer,
Messrs. Gear, Dunno and Douthitt, il
faukea's Messrs. Kinney. Edings anG
Lightfoot, and in front Col J. H Boyd
and Messrs. A. S. Humphreys, Abran
Lewis Jr.. Geo. a. Davis and S. H
Derby of the bar
Mr.. Kinney said he wanted to offer
some proof on the question of the 18th
of the 4th, regarding the alleged
dropping of Browns name on five bal
lots in the count.
W. Lono Austin testified he was the
inspector in the 5th of the 4th who
read off the ballots when counted.
Brock and Ludloff were the others.
Held ballots in my hand when reading
them. Apakimanawai and his brother,
policemen, and John Kaaua, another
policeman, were watching me as I
read.
/ Did you of your knowledge omit to
read the name of Brown on any bal
/ lot?
| No, sir All of the ballots We're TAX
en- out of the box and L read them.
Ludloff kept the tally. To my knowl-
edge no ballots with four supervisors
on them were counted. Witness names
Sidney Jackson and three others who
also kept tally. About twenty persons
were present.
-, Mr. Kinney asked for an admission
that Mr.. Brock would testify the same
as this witness.
Mr.. Gear refused, saying Mr.. Brock
told him a different story. Yes" in
response to a remark by Mr.. Kinney,
81 do consider the evidence of no sig
nificance''
Cross-examined by Mr.. Gear, wit
ness said four persons were behind
his back while he was reading the
ballots. Couldn't say as to all of them
all the time, but knew Apakimanawai
was because he wanted to see every
ballot. Two ballots with marks down
the middle were counted.
Mr.. Kinney reexamined the witness
and then called Sheriff Brown.
A NJ Brown had been informed that
three policemen We're present at the
count They We're not there by his
direction. He presumed they We're
loyal to him, as they We're employed
by him. Jim Kupihea, the policeman
in the Sth of the 5th, he presumed was
also loyal to him.
Mr.. Kinney asked to have the Ter
ritorial election bag of the 9Th of the
5th opened, which was objected to by
Mr. Gear. Asked ,hy the court for his
reason Mr. Kinney said he wanted to
compare the number of voters tailed
with that of the ballots cast as re-
turned by the inspectors.
Let the bag be opened the Chief
Justice ordered after further argu-
ment
A. T. Brock. chairman, said the book
provided by the county was kept by
Austin. Witness explained the division
of labor with his colleagues. Austin
was assisting ignorant voters and his
list tailed out but 401, while Ludloff
had checked off 400. This latter figure
tailed exactly with the ballots in the
box.
TO the Chief Justice-Henry Lancas-
ter did not vote. Think the discrep-
ancy of one vote due to fact that
Board of Registration requested us to
add a name.
Over Gears objection witness de-
scribed the manner of the count. Aus
tin read off Ludloff, assisted by kea-
loha, kept the tally. Did not remember
any dispute When now and then
vote was counted ahead by one taller
an adjustment was made. At the end
ali agreed. He tried to make count as
public as possible. Two Hawaiian po-
licemen were watching behind Austin
while he was reading. Witness also
endeavored to watch Austin, but his
check was not perfect because he (wit-
ness) was drawing ballots from the
box.
To Gear-I can not say that he did
not read the names.
To Kinney-So far as I know he
omitted no names. I looked at three
OF four ballots ahead of the count. Do
not recollect his reading any ballots on |
which four inspectors were voted for. |
One person was keeping tally outside !
Other two were given space inside with ,
a table to make it easy for them. Sid ,
ney Jackson was keeping a tally; do /,
not think he could see the ballots.
To Justice wilder-I do not think the ,
rejected ballots were endorsed reject !
ed" just put them on string. No ,
record was kept of the rejected ballots.
We did not know how many were re-
jected. There was no record kept OF
blank ballots, put them on the voted
Mr. Brock related how he came to
talk to Messrs Kinney and Gear. 1t
vas after the Supreme Court had ruled
put certain kinds of ballots, and he told
counsel on both sides then that he
knew a lot of ballots counted by him
would be rejected.
Mr. Kinney, in answer to the Chief |
Justice. said he understood the entire
ballot was in evidence. He wished to
introduce in evidence the summary OF
he county vote which appeared in Sat
lrday's Advertiser. 1t was made up
~ Mr.. Trent and was received by the
curt
Mr. Kinney showed from this sum-
nary how slightly the votes for other
officers than Sheriff were affected by
he courts rejection of ballots.
Mr. Trent was called, but not put on
he stand
Then the argument ended as above