The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1909-12-04
CRAFT CASES
UP At kA|[UA
Failure to Post Notices Has Not
Saved Alleged Grafters From
Indictment.

elai Deputy county Attorney CarI
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 a 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 to 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 indict-
ment, and has been released from Gus
tody only upon furnishing bond to
the amount of $500.
In giving the details of the work
of the term, Mr.. Smith stated that
| 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 with
forgery, pleaded guilty, and was SEN
fenced to a minimum term of six
months imprisonment. In connection
with this Indictment the court brought
up the question of the validity of the
| new indeterminate sentence act, believ-
| ing that the law was invalid, but after
discussion by the attorneys on the
point, the judge was brought to believe
| that ii was a valid and workable act.
The case of burglary, that of the Chi
| nese from Kohala, who was arrested at
Pahoa, was tried, but mistrial was the
| result. The jury, said Mr.. Smith, stood
| ten to two all the time, L. H. Rodgers
| and Henry Martin standing out.
One Indictment for embezzlement
and seven for extortion were returned
against Deputy Sheriff Kekaula of Kau
and Officer J. Kauwe respectively. In
the case of each indictment in these
cases Attorney Ashford, representing
the defendants, asked that Smith be
made to show his authority for appear
ing for the Territory. The court held
that unless that right to appear were
attacked, he would take judicial notice
thereof and would not compel Smith to
show such authority.
Ashford then attempted to attack the
appointment of County Attorney Beers,
and also discovered that McQuaid, one
of the grand jurors, had not been
resident of Kona at the time when the
grand jury was in session, and moved
to quash all of the indictments on this
ground. He called several witnesses
to show that the McQuaid family and
furniture had been moved to Honolulu,
but Smith obtained permission to send
for McQuaid. and he testified that he
had no intention to leave Kona, that
he was engaged in certain business
which would compel him to return to
Kona soon, and that he would remain
there for a good long time, if not for
the rest of his days. Ashford s motion
was consequently knocked out
The interchangeable Ashford further
attempted to throw on the Territory
the burden of proof to show that the
grand jury had been properly en-
paneled. Smith replied that the bur
there had been an improper drawing.
and that the court would take judicial
nesace and would presume regular
6sawing until the contrary appeared to
be the case, and this point was over
ruled also
Finally Ashford came forth with af-
fidavits to show that the notice for the
drawing of the grand jury had not been
posted three times as required by law,
and that such notice had been sent to
kekaula to post, but that it had not
been posted. Kekaula was called and
he testified that he had never received
the order from the clerk of the court
to post the notice, although the clerk
had at the same time posted similar
notice to Deputy Sheriff Lewis of Ko-
hala. which reached its destination. The
The court held, on the authority of the
case of Matsumura VS.. the County of
Hawaii. that the defect in the posting
of the notice, if it were a defect. work
ed no prejudice to Kekaula, and this
point was knocked out just as the rest
had been
The court then called on the defend
ants to enter pleas, which they did on
November 10, entering pleas of not
guilty. As there was no opportunity
to finish the trial of the eases before
the end of the term, which was on
November %, the eases were all con-
tinued for the term. The bond of Ka-
awe was placed at $3.50, and. as he
failed to furnish such. he was taken to
Hil0, and is now confined in the Hilo
prison. The bond of Kekaula was fixed
at $500, this being furnished by John
Mcguire.
CHANGE or HOUR.