The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1906-05-23
KEKAUOHA IS
PLACED On
TRIAL
Oahu Supervisors Sit
as a Board Of
Impeachment.

The announcement of the impeach-
ament of Deputy Sheriff Kekauoha
brought a crowd to the meeting of the
Board OF Supervisors that filled the
room and a portion of the passage way.
Among the interested spectators, Chief
Clerk Buckland doomed up and Sheriff
Brown watched the proceedings with
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-
Inent 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
Moore, Mr. Hana1ei 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.. Achf remarked that he had fled
q plea of objection to the chair offfciat-
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
prejudieed.
In reply to this the chairman de-
clared that he had followed ruling
of the Supreme Court in such matters.
He had no prejudice against the de-
fendant but he was willing to have
the Board say whether he should sit
as chairman of the Board of Impeach-
nent.
Mr.. Achi differed with the chair and
said the Supreme Court had not de-
cided this particular point. Having
expressed an opinion he was unfit to
sit in judgment, no judge of the Su-
11rene Court could lawfully sit in a
case in which he had expressed an
opinion. BIr. Douthitt stated that Mr..
Smiths overruIing 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 overruling the answer.
Mr. Achi said he had no doubt of |
the fairness of the chairman and if he |
had made the ruling owing to an ig
norance of the law he would accept
that explanation and would be ready
to proceed after interposing an objec-
tion 10 the legality of the Board sit
ting with one absentee. Section so of
the County Act is the one upon which
he based his objection.
The chair ordered the clerk to read
section So. which he claimed covered
the objection. Mr.. Achi was overruled
and he asked that his exceptions to
the ruling be noted.
The original charge was then read. q
In them was one to the effect that
q Chinese who had in his possess
sion a shotgun was deprived of said
sun on the ground that it was con-
trary TO law for him TO have a gun
without a license W. w. Thayer, at {
torney for the Chinese. demanded the !
return Of the gun but Kekauoha de-
cIined and asked Thayer what he was
going to do about it. S
At the request of County Attorney ]
Douthitt. Thomas Kearns was sworn
as official stenograoher and then Mr.
Achi requested that the answer to the {
charges be read.
Mr. Achi objected to the county at I
torney acting as prosecutor in the
Ease for the reason that he was occa- I
sionauy leaving his seat to whisper in Y
The ear of the chairman. He objected
low for the reason that before the
rial is over he may whisper ten times.
The Board of Impeachment was COM @
posed of men who are sitting as judges =
md they could not be judges and pros
scutors at the same time. lG
Mr. Buckland. Chief Clerk of the, c
office was sworn and pro- i;
luced a certified list of voters in Ko- il
olau district w
Mr.. Achi objected on the ground that Y
tfr. Buckland is not the custodian of
he official lists. Objection overruled. e
passed upon the names of the o
Continued on page ~