The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1906-12-07
EIGHTH OF THE FIFTH.
NINTH OF THE FIFTH.

Ohic i Recount. by lnsptrs
Brown .....131 $50 IA
: 1aukea .....l69 167 10
: Blank ...... 9 8
Rejected by Court-Brown, 1; Iau
kea, 2.
In the Fourth of the Fifth there were
no reflections by the court.
Brown made a gain of six votes il
the Eighth Precinct, Fifth District, il
which instance Mr.. Kinney had previ
ously called attention to the fact that
the envelope containing the ballots had
been mutilated and a slit made across
the reverse side beneath the seal large
enough for ballots to be removed and
returned.
CHIEF JUSTICES STATEMENT.
When all the precincts has been ac-
counted for Judge Frear said: cit
looks as if Mr.. Brown was one ahead. ~
He stated that this was merely pre-
liminary step in the proceedings.
Judge Gear counsel for Brown said:
"That is the way we have figured it.
We rest our case.'
Mr.. Kinney then arose and stated:
"Then we have evidence to present"
Judge Frear asked him to present hts
evidence. Mr.. Kinney presented the
paper envelope from the Eighth Pre-
cinct, Fifth District. I'VE claim that
it appears on the face of 1t absolutely
and conclusively that the bag had been
opened We will introduce the three
inspectors and offer evidence that the
paper bag put inside the cloth bag was
in Perfect condition when put in"
Inspector Barker, who was placed in
the witness box, said that the bag mad
three seals on it when it left his hands
and was placed in the cloth bag. He
went on to explain how the ballots
were counted. This was done by M.
Stroup, who read the names with Barr
ker locking on and Ed Fountain tally
| ing Fen Fabian, Isaac Cockett and
jim kupihea, whom Mr.. Kinney desig-
mated as Browns representatives, Were
leaning over the rail and table ard
watched the proceedings closely. which
were conducted in the glare of an eIec-
trio drop light. No objection was made
by these watchers to the result of the
count of the ballots.
Wren an objection was made by Gear
to certain question, Mr.. Kinney said
it was his purpose to bring out tes:i-
mony to prove that the bag had been
tempered with. He said he would have
similar evidence to offer for the Fifth
of the Fourth District. He said that
his client had not been property pro-
tected in his rights. He said there
was not a single safeguard on behalf of
his client
I'VE consider it an outrage and ask
the privilege of showing the facts he
said.
Mr.. Gear said that Mr.. Kinney was a
little late in offering his evidence. He
said that his side had shown afiirma-
lively that these ballots had not been
touched He said every one of the bags
had been inspected by inspectors and
they found everything in the same con-
dition as when they left them. He
said there was not little or jot Of tes-
timony that these bags or ballots had
been tempered with. He claimed that
Mr.. Kinney had had his chance before
to offer his evidence, but it was too
late now. He said he did not accept
the chance to offer his evidence. He
thought the court would stultify itself
to now go into the matter after the
court had counted the ballots to take
time to have offered this testimony
was before.
Judge Frear said that he understood
that Mr.. Kinney had made the rcser-
walton when the envelopes We're open
ed and would present such evidence.
Surely" remarked Mr.. Kinney
Judge Hartwell also stated that Mr..
had reiterated the charge per-
laps twenty times.
Mr.. Barker then went on with his
testimony. The envelope certainly was
not torn when it was placed in the
cloth bag by him.
Mr.. Kinney made reference to the
guardians of the Republican secrets,
md named Buffandeau, Jim German.
charley Clark and Jimmie Boyd as be- ;
ng a few of them. ,
Mr.. Barker was excused until this 8
morning in order that he might get his
5pectacles. as he could not read the {
,Gllots very well without them. {
Mr.. Stroup was put on the stand and s
estified to having seen the envelopes ,
ealed and placed in the cloth bag i.
}. x. He personally toted the bag to
'ounty Clerk Kalauokalani's office Il
bout a. m, November Z, and placed r
t in the latters hands for safe keep Y
ng He told of the manner II which /
he count of votes had been maze. He v
cad the names off the ballots to Foun- o
ain, who tailed them. Fabian, Kupi- I
ga and Cockett Browns watchers,
we're present during the entire count
nd made no objection to the count or
esults. q
When shown some ballots rejected by k
lac court, and when asked whether G
crtain marks on them had been there
hen the count on November 6 was N
ding on. Mr.. Stroup replied that he II
'as certain they were not. The marks k
'ere plain enough to be read by 81
lind man. p
us that the way you read them" h
sked Judge Hartwell. NJ
Mr. Gear showed some ballots to Mr. "
teoLp. His attention was called to a la
lark IN one ballot and he was asked OF
neither that had been there before. II
flcr examining closely, Mr.. Stroup le-
lied that he did not think 1t was there II
hen he went over the ballot d.
Col. Iaukea. whose election as Sheriff al