The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1906-11-27

gerous evidence"
Mr.. Kinney referred to Mr.. Brown
change of base from making oath thi
I such and such ballots, to his knowledg
/ were Improperly rejected to his amend
ed petition alleging such things on h
information and belief.
Mr. Gear, replying, said that til
argument of opposite counsel was base
on an assumption which Mr.. Kline
t did not dare to make, that those bal
G los were tempered with. If not tam
pered with the ballots were the hes
: evidence. If permissible to ask thos
. Inspectors 1t was permissible to as
t every inspector in the county hoy
many votes were cast for the RESPECTIVE
candidates. That would really be al
| appeal from the count of the inspector!
to the recollection of the inspectors.
Chief Justice Frear said the in.
, spectors might testify before the bag
was opened
Mr.. Clark said his fellow inspectors
were Messrs Kamaiopili and Kaohe.
THE BAG OPENED.
BY order of the court the bailiff then
opened the bag from the first of the
fourth.
Mr.. Kalauokalani was recalled. but,
on being asked about the bag of an
other precinct. Justice Hartwell re-
marked that he had already identified
all of them, the Chief Justice adding
that he had ldsptified the bags, but
not their contents.
Mr.. Clark and his co-inspectors then
examined the envelopes turned out of
the bag just opened.
The seals of the envelopes We're found
/ to be broken and the tongue of the
flap loose
Mr.. Kinney, with Mr.. Gear keeping
check, counted the rejected ballots,
finding "a of them as the witness tes-
tilted.
INSPECTORS SUSTAINED.
state your~objection to the ballots,
Mr.. Gear" Chief Justice Frear COM
manded
Mr.. Gear taking up one asked that it
be counted for Arthur NJ. Brown,
Mr.. Kinney indicated that cross
was under Frank Harvey's name. max
ing a mark of Identification. IF you
can put cross there you can make
any kind of mark he argued.
1.-The ballot is properly rejected" the
Chief Justice sententiouslv ruled
THE second we do not contest. and
the third" Mr.. Gear went on
"Cannot counsel run through them
ana see IL there is any which they
contest?" the Chief Justice asked.
"H MIR. Gear produced a ballot on which
only two crosses appeared and these
on the lines between rival candidates
names. 1t showed the intention of the
voter by starting the cross in Browns
space, the attorney claimed.
This seems to be vote for Iaukea
II anybody" Chief Justice Frear said.
a reading glass was used by the JUS
tees to examine the ballot perfectly,
then came the ruling:
The ballot is properly rejected"
Another with the cross in blank space
opposite no name was quickly con-
demned.
Mr.. Gear took the formal ruling of
the court that where four supervisors
were voted for the ballot went out.
That is what you contended in your
petition" the Chief Justice said.
Cross inside the line-'properly re-
jected"
Mr.. Edings remarked, THAT ends the
rejected ballots"
Twelve of them are for Iaukea and
nine for Brown" Mr.. Kinney said.
Brown alleges in his petition that 26
were rejected" /
The three shy in the foregoing state
'ment regarding the actual number, q,
were ballots marked for neither Brown
nor Iaukea.
THE NEXT THING.
Chief Justice Frear called for the
counted ballots of the opened bag.
Mr.. Kinney suggested that it was
then ten minutes to o'clock and want
ed to know what was the object of GO
ing through the counted ballots.
TO show that ballots were not
counted for Brown which We're marked
for Brown. and ballots counted for
laukea which were not marked for
him." Mr.. Gear replied.
FISHING EXCURSION:
Mr.. Kinney objected that 1t was all
information and belief. 1t was purely
fishing excursion. Not scintnla of
evidence was offered to back up the
allegations in the petition.
III they kept on it would be shown
that Mr.. Brown had no foundation
Whatever on which to base request for
a recount with the enormous expense
attendant thereon.
Mr.. Brown ought to make a prima
facie showing. The presumption was
that the returns We're correct. The par,
ties had watchers in every precinct.
Browns own watchers had o K'd those
returns. First he swore Of his own
knowledge and then directly changed
to Information and belief.
1t may turn out" Mr.. Kinney con-
Guided, that Mr. Brown has not n
scintilla of foundation even for his in
formation and belief that anything is
wrong"
What are your specific allega tions
with regard to the first precinct of the
fourth district" Chief Justice Frear
asked.
Mr.. Gear for reply read from the
petition about ballots counted ana not
counted. etc.
OMNIBUS SUGGESTION.
Justice Hartwell said he took It that q