The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1906-11-26
brown CASE UP
lContlnued from &c onel

dence."
To this stipulation Kinney objected.
He said that Gear had only Just spok-
en- to him about it in court, and he did
not care to allow such stipulation. The
court then asked Gear if he were ready
to proceed and the attorney replied |
that he had not expected to do so. He |
had not understood that he case had !
been set for a trial. Kinney replied |
that he was ready, so Gear replied that '
he would first subpoena Kalauokalani, |
the County Clerk, and have the ballots |
brought into court While the sub !
poena was being made out Justice |
Hartwell asked Gear if the provisions
of the law did not require that the bal !
lots should be opened only by a justice /
of the Supreme Court. Gear did not
seem to think so, and a discussion of
some length ensued during which fol-
lowed by the chief justice holding that
the ballots should be opened in the
presence of a justice.
Chief Justice Frear then called the
attention of the attorney to the fact
that the affidavit of petitioner was stat
ed that some charges were brought up
erything else not our knowledge was
on information and belief, whereas in
the petition there had been nothing
based upon the latter, but all the allie
cations were upon knowledge. The
court believed that this statement put
the petitioner in a very serious posi-
Ton. Especially in regard to that
part where it was alleged that the in
spectors had committed fraud. Gear
admitted that the spirit of the petition
had not meant such a thing, and he
was allowed to amend his petition,
Kinney making no objection.
A recess until II a. m. was then talk
en-.
There was a slight delay in court re-
converting as d. Kalauokalani, Jr., was
detained down stairs from the court
room experimenting the transfer of
| the bags containing the official ballots,
| from the express wagon to the court
room. Kalauokalani was finally sworn
and then questioned by Gear relative
! to the custody of the ballots and the
manner Qf his having secured them.
The witness stated that the ballots
| and the returns had been given to him
| by the various inspectors of the diff
ferent precincts. The ballots which
were secured in bags had been kept
since the election in the safe at the
office of County Clerk.
| On cross examination Kinney entered
at considerable length on the point as
to whether any one but Kalauokalani
had had access to the ballots Kinney
! particular attention to any marks or
| seals upon the bags, and the witness
stated that he had noticed some red
sealing wax but had not paid any par
! ticular attention to it. Kinney brought
out the fact that Mr.. Buffandeau, clerk
at the office of the County Clerks office,
but not regular deputy, had been the
only one else who had key to the
safe and the combination of the safe
in which the ballots were kept. KIN
ney asked if the witness did not know
that Buffandeau had been assistant
clerk of the Republican County Com
mittee.
| Il am not positive" said Kalauoka-
lani. about the capacity in when
Buffandeau acted in the Republican
County Committee, but ] believe that
il was assistant secretary. He gave up
that position Immediately after the
election and returned to work so tal
as I know he had nothing else to 40
ONLY Buffandeau and myself have the
combination to the safe. l have Key
70 the door of my office, Buffandeau
has no such key. Only the janitor mas
another key. There is no key TO Ih'
door between the Supervisors room
land my office and it is not locked Inc
door from the Supervisors room to the
han locks from the inside. I am the
only one who has key. ! keep IhlS
KEY sometimes at my home, sometimes
in the drawer of my desk when IS "i,
wavs locked. How does the janitor ge'
ont of that door Well, perhaps h'
has a kew. l may have stated to you
and Mr.. Mossman several days age
, that I had not seen much of MT bui
fandeau since the election for ne Wa'
lhusv at the Republican headquarters
hut I meant that was before the e'el
tion Since the election Bunanue"'
mas not to the best of my knowledge
haan away from the Office ten mlnuIe'
at n time, but he was not away any
I great length of time. I do not Keel
ooref,,l touch of the time when the mel
may be away from the once, L., ,.o,
Did you not say that Buuahueou n''
l been away so much that you were oe
e hind with your work? asked Kinney
d Il might have said that. But "iiap
d meant was that he had been away DC
t fore the election. I can not say no.
l. much time he was absent from the u
u fee before the election"
y Did you not state to Mr., lauke
e several days after the election Una ma
YOU were the only person who had IN
n combination Of the safe in which thos
n ballots were kept?" asked Kinney,
$ "My recollection of what SAID
r, Mr.. Iaukea was that the ballots ma
IS been saved and were in the safe, re