The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1909-12-07
CASES
UP At KAILUA
Failure 10 Post Notices Has MOI
Saved Alleged 6ratterS From
Indictment.

HlIO, Hawaii. November S0.--Spe
cial Deputy County Attorney Carl
Smith, who was appointed by the board
of supervisors to prosecute in the crimi
nal cases before the Kailua circuit
court, returned last week from Kailua,
having finished the work for the term.
which closed on the 23a.
Mr. Smith gave complete resume
Of the work Of the term. as far as
criminal matters are concerned, clear
ing up the Misunderstanding and the
vagueness which has characterized the
information which has come 10 Hilo
about this matter heretofore. The
main point was the fact that Deputy
Sheriff Kekaula was not "freed from
the charge Of extortion by failure to
! post notice about the drawing Of the
grand jury as was announced last
week, but that he is still under indist-
ment, and has been released from Gus
tody only upon furnishing a bond TO
the amount Of $500.
In giving the details Of the work
of the term, Mr.. Smith stated thar
| twenty-one bills had been considered
by the grand jury, true bills being re
turned in ten cases. OF these the de
PENDANT in one case, charged witt
forgery, pleaded guilty, and was sen
fenced TO a minimum term OF So
months imprisonment. In connection
with this Indictment the court br0ughi
up the question of the validity Of the
new indeterminate sentence act, believ-
ing that the law was invalid, bat afte-
a discussion by the attorneys on the
point. the judge was brought 10 believe
that il was a valid and workable act
The case Of burglary, that Of the Chi
nese from Kohala. who was arrested al
Pahoa, was tried, but mistrial was the
result The jury, said Mr.. Smith. stood
ten TO two all the time, L II. hodger
and Henry Martin standing out.
One indictment for embezzlemen'
and seven for extortion were returned
against Deputy Sheriff Kekaula Of kal
and Officer J. hauwe respectively II
the case Of each Indictment IN tbes'
cases Attorney Ashford, Representing
e the defendants. asked that Smith Do
! made to show his authority for appear
! ing for the Territory. The court he'll
that unless that right TO appear weu
= attacked, he would take Judicial notie
= thereof and would not compel smith :
show such authority
, Ashford then attempted to attack In
: appointment of County Attorney Beers
and also discovered that McQuaid, Oh
Of the grand jurors. had not been 4
! resident Of Kona at the time when In
: grand jury was In session, and move
: TO quash all of the indictments on TN
q ground. He called several wifDesss
. TO show that the MeQHRid family I'D
4 furniture had been moved 10 H0nolulI
!. but Smith obtained permission 10 sen
/, for MeQuaid. and he testified that b
? had no intention 10 leave kona. tina
he was engaged in certain busiDes
which would compel him TO return I
Kona soon, and that he would RENAL
Z there for a good long time, If not "a
J, the rest Of his DAYS Ashford S motto
/; was consequently knocked ont
J, The interchangeable Ashford furthe
attempted to throw on the Territor
:; the burden Of proof TO show that II
grand Jury had been properly en-
}, paneled. Smith replied that the bu
;, den Of proof was on the defendant
there had been an improper DRAWN
and that the court would take JudieI
z notice and wonld presume q Tegull
drawing until the CONTRARY appeared /
:, be the ease, and TINS point WAS owe
z ruled also.
Finally Ashford came forth with a
> fdavits TO show that the notice for q
,, drawing Of the grand jury had not bss
posted three times as required by Lar
y, and that such notice had been Sent
y Kekaula to post, bnt thai II mad a
been posted. Kekanla was called al
y, he testified that he had never reeeiE'
the order from the clerk Of the con
to post the notice. although the Gle
had at the same time posted q simiE
notice to Deputy Sheriff Lewis u x
hala, which reached lis destination. T
The court held. on the authority Of L
% case Of Matsumura We the County
Hawaii, that the defect IN the p0stil
Of the notice. If II were q defect. HBr
a. ed no prejudice TO Kekaula, and Il
er point was knocked out just as the Il
er had been.
er The court then called on the defer
J. ants to enter pleas, which they did
l.; November 10, entering pleas Of =
D. guilty. As there was no opportuni
l.; to finish the trial Of the cases befJ
II. the end Of the term, which was
November %, the cases were al e
tinued FOR the term. The bond Of =
1--WE was placed at $3.50. and, az
failed TO furnish such. be was taken
Hilo, and Is now confined IN the II
prison. The bond Of Kekaula was tx
at $500, this being furnished by 30
! Ma0ufra