The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1906-11-27
RECOUNT
HAS BEGUN
Ballot Seals Are Found
to Have Been
Broken,


Arthur N Brown Jared rather poorly
lots for county sheriff before the Su-
preme Court yesterday. 1t looked in
deed, a few moments before the court
adjourned until 10 o'clock this morn
ing, as if the petition hung by only a
hair over the abyss of dismissal.
After finding that Browns allega-
tions that the ballots rejected in the
first precinct of the fourth district were
rejected unlawfully had not a shadow
of foundation, the court at about 4:30
p. m announced that this morning it
would allow counsel to go through the
counted ballots of the same precinct
without prejudice to the matters al
legged of the other precincts. This rul-
ing was made after a consulta ton of
several minutes by the justices.
So far as examination of the ballots
went yesterday it was not by way of
the recount asked, but a preliminary
proceeding to enable the court to judge
whether Brown meant what he said in
his petition, or merely instituted the
suit for the chance of knocking out
enough votes for Iaukea to get away
with his majority of IA, as found by
the county clerk from his tabulation of
the returns of the various precinct
boards of inspectors.
SEALS WE'RE BROKEN.
Rather sensational evidence was
inspectors in the first precinct of the
fourth district, when Justice Hartwell
examined him in a preliminary way.
He said that the sealing wax on the
bag was broken, though it was intact !
when the bag was delivered to the !
county clerk. /
When this bag was opened laters ief
was found that the seals on the en-
velopes containing the ballots were also
broken. The envelopes were open, the !
inserting flap being loose. Mr.. Clark !
was not questioned on the matter, so
that no evidence was given as TO their !
condition when deposited in the bags. !
Mr.. Clark, with reference to the bag, |
volunteered the theory that the wax
might have been broken by contact
with other bags.
PETITION IS AMENDED.
A distinct backdown was made by
the petitioner early in the game, when
Geo D. Gear was constrained to ask
leave to have the petition amended,
his request being granted. The amend
ment was the substitution of Browns
declaration that he made the charges
OF an unfair and Illegal count ''of his
own knowledge" by an allegation that
he did so merely upon information and
belief"
With Mr.. Gear was associated j. j.
Dunno as counsel for the petitioner,
and w. A. Kinney and w. S. Ed1ngs
appeared for the respondent, Curtis p
Iaukea the candidate for county sher-
iff elected on the face of the returns.
A goodly crowd of spectators attended
the proceedings. Before the noon re-
cess Judge s. B. Dole of the Federal
court. in company with Judge Wilhey,
on his way out to take the judgeship
of the L. s. District Court in Shang-
hal, China visited the court.
KALAUOKALANTS KEYS.
Mr.. Gear having opened the case for
Brown, a subpoena was issued to DAY.
id Kalauokalani Jr., county clerk, 10
appear and bring the ballots OF the
county election. stipulation was
suggested by Mr.. Gear that the court
appoint a master to count the paiiols
on which there was no question ana
leave the challenged ballots in charge
of the court. Mr.. Kinney objected TO
such a stipulation, the matter haVlng
only lust been broached to him, ana
as he was ready Mr.. Gear, though not
expecting an immediate trial IN the
merits, went ahead and had the SUD-
1ryat tCcTY
After some delay, from the work OF
TRANSFORMATION of ballots. Kalauokalani
was sworn and examined. He identlfed
tho bags of ballots in court as those
turned into the county clerks once oS
the inspectors of the precincts.
Cross-examined by Mr.. Kinney the
witness said he had noticed red seal
ing wax on the bags but paid no par
ticular attention to the fact BuHdh
dean was A clerk but not a deputy Oh
witness and Buffandeau was the only
one who had a key to the saIe' aiso
the combination of the safe, in Whlch
the ballots were stored aIter INC
election He believed BuHahoeau
was assistant secretary to the ne
publican County Committee Out hau
given up the position after the eiec
Witness had a key to the door OF MS
office. Buffandeau had none. dnly the
janitor had another key Ihere was
no kew TO the door between the super
yisors' room and his office ana II WAS
not locked. The door from the super
visors' room to the hall Iockeo iloiii =
tba inside and witness had the only
KEY. Sometimes he kept this key at
his home and sometimes in the always
locked drawer of his desk.
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