The Hawaiian gazette., 1913-12-05
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HANDY
Breckons Points Out, in Argument
in Lyman Case. How Amy Clever
County official Could Make Hay
While the Sun Shone and
Laugh ct Any Revelations
Made After His Term Was
Over.
lMaII speeIal g The Advertiser.l

mail Special % The Advertiser)
HILO, December THE statute of
limitation, as it might be applied TO
municipal and county grating, is a
mighty handy thing This was pointed
ont today by Special Prosecutor Breck.
Ons, in the argument over the plea in
bar made by Frank Z. Thompson, at
torney for Norman Lyman. member of
the house of representatives and former
supervisor from Puma, who was indicted
on a charge of having falsely certified
to the correctness Of bill against the
county in his capacity of chairman of
the finance committee of the board, the
bin in question being one he is alleged
to have run in his private capacity as
n contractor, while forwarding it to the
county to pay. Mr.. Thompson argued
that the Indictment specified an offense
that had taken place more than two
years ago, and was therefore outlawed.
Mr.. BreckOns pointed ont that if this
plea were sustained it would allow any
county official to graft during his first
month in office and be free of prosecu.
ton If his defalcation were discovered
by his successor.
Other Graft Cases.
There were several interesting eases
resulting from the graft investigation
before Judge Parsons, hut most of them
were continued.
The kealoha pleas were called first
of all, but, an motion by Mcbride, they
were continued until December II.
The mandamus ease against Auditor
Desha, ordering him to pay Kealoha his
5000 back salary, was also continued
at Mcbride Is request.
Enoch Brown appeared in person and
asked that his sentence be continued.
which was granted, as Breckons offered
no objection.
The sentence of David Nation, charg.
ed with embezzlement of Laupahoehoe
Sugar Company funds, was also con.
timed
The Lyman matter was decided in
short order. Attorney Frank Thomp.
son, who came from Honolulu especially
to appear in this matter, filed n plea
in bar to the indictment charging Ly-
man with false certification, the grounds
of the plea being based on the statute
of limitations, rs was predicted by The
Advertiser recently.
Even Breckons Dubious.
BreckOns filed demurrer. and arru.
ment followed for short time. Breck
ons said shat he had found but few
authorities, and they were not partic.
ularly favorable TO bis contention that,
as the false certifcatiOn statute was
passed after the passage of the statute
of limitations, the former was not af-
fected by the latter, particularly as the
existence of a statute preventing prose.
cution after lapse of two years would
allow county officer. who was in n
position to conceal graft, to graft dur.
ing the first month of his term and to
hide his crime until the end of his
| term, when he could claim exemption
under the limitation.
BrcckOns admitted that the Territory
was in considerable DOUBT in the mat
ter of its contention. The reason why
the Indictment had been drafted in this
form was partly due to the fact that
counsel had not been acquainted with
the statute of limitations in question
wnen he drew the Indictment. 1t could
not be denied that there was consid
cradle doubt us to the law in the mat
ter.
Thompson argued very briefly, and
the demurrer was Overruled on the
! spot Rreckons noted exceptions.
The court asked BreckOns if he cared
to traverse the facts ms set out in the
pea in bar, but he answered that the
facts we're mdisputed, ard the plea was
therefore susta'
Embezzlc.EcGt Charged.
This left Lyman free man. but this
state Of affairs was destined 10 be of
but short duration. for few hours
after the false certiGcaton charge had
been killed, Rrcckons filed n complaint
against Lyman, charging him with an
bczzlemcnt
The charge is based on the Twenty
nine Miles, Olnn, contract. whore by
man built a piece of road in his capae.
| ny as n private contractor under the
! Territory, 1iut is alleged no have charg.
ed much of the material used on this
contract TO the county The items Jon
which the charge is based, were select.
ed at random by Breckons. They include
money spent rs follows; three eases of
giant powder, $3.50; ton Of hay,
$685. mule shoes, Sl0,5Oi nails, 1925;
ami rod paint, A.,
II is possible that the grand Jury may
be recalled 10 take up this cnso during
the weckl particularly as there are u
few other FgSkyQi connected with the
eonniy wbHhlff be taken up Al the
same time tn
kona GTafters
! lu Bona lho gafi persecution con.
du'tol hY llcen wac ouurelY sureoss
/ iul Three 'horpos Of conspiracy were