The Hawaiian gazette., 1906-05-25
IS
PLACED ON
TRIAL

Board of Supervisors that filled the
room and portion of the passage way.
Among the interested spectators, Chief
Clerk auckland doomed up and Sheriff
Brown watched the proceedings with
marked attention. Prior to the meet
ing Chairman Smith requested the
members of the Board to retire to the
clerks office for conference which
lasted for ten minutes when on taking
their seats the roll was called. The
motion of Mr.. Moore, that the body
resolve itself into Board of Impeach-
ment was seconded by Mr.. Cox, and
the minutes of the previous session of
the Board were read and approved.
The defendant sat at the side of his
attorney, Mr.. Achi, and seemed to take
a deeper interest in the proceedings
than when his demurrer was over
ruled. County Attorney Douthitt sat
opposite defendant and his counsel
Pleasant accommodations has been
provided for the press and they were
enabled to hear the testimony present.
ed without strain.
At 7:45 defended pleaded not guilty to
the charges and upon motion of Mr..
Moore, Mr.. Hanalei was appointed by
the chair to be sergeant-at-arms.
Mr.. Lucas moved that the chair pass
upon all motions of counsel and that
his decision be final. This was carried
without dissenting voice.
Mr. Achi remarked that he had fled
a plea of objection to the chair officiat-
ing on the grounds that he had over
ruled the defendants answer to the
charges. This plea amounted to a
charge that having overruled, the
chairman had shown himself to be
prejudiced.
In reply to this the chairman de-
clared that he had followed a ruling
of the Supreme Court in such matters.
He had no prejudice against the de-
PENDANT but he was willing to have
the Board say whether he should sit
as chairman of the Board of Impeach-
ment.
Mr.. Achi differed with the chair and
said the Supreme Court had not de-
cded this particular point. Having
expressed an opinion he was unfit to
sit in judgment, no judge of the Su-
preme Court could lawfully sit in a
case in which he had expressed an
opinion. Mr.. Douthitt stated that Mr..
Smiths overruling the case was in
advertently made and was Immediately
rectified. The fact that the defendant
pleaded not guilty tonight to the
charges raises the issue before you
tonight and that is all you can act
upon.
This opinion was expressed by Mr..
Douthitt when upon reading the min
utes it was found that no mention was
made of oyerruling the answer
MT. Achi saiu ne hau no ooupt oi
.he harness OF the ciiairiiiah ana IL ne
'iau maui 'ie iu'iis o"he ~ an
iaHoe Vi .ne Id" ne WIN aeeepl
'ia' eNpiaiia.ioii ana "ouiu NC ieauS
pio'eeu ai'ei an oo1e.
~ W INC VI nc i'u 90 81
ms wen oiie ''ioii w u
20 inv upon witch
~, ms
''.S 80, 80
w. "n'.r II. o'"ieu ooNe,e.
tie oo1eo'ion' W. A.,ii was onei u'eu
anu ne asheu 'n'I his eA'ep'iois "
ii.v INNS NC No'eu'
Vi IS moi 'i''' sc ""' 'sie' iv"u
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wiz iiau III us
n vi .eu Vi 'aIu
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"tiou' iIe"se W. '" inayei' az
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,' VI uhe Sun Du' henauoha u
, anu a'Neu mayer WHAT nc was
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- an. oo'ee.eu ~ 'lie .o'ii.'
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se uoi .ne ~, 'la' ne mas 80
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nc Doaiu Vi iI'lDea'',,ent was ooin-
Poseu vi iieii "iio are si'.H's do Juuses
anu 'nes couiu liot We Juuses anu pros-
eu.oiS az ,ne SAM .',"e
MI puoAia,u me oieih VI .ne
So, 90 . oo W.. "oin anu pro
o,a 49,, q Ie ''''e' '''' u 'o'e'' III