The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1913-05-06
Ruling by Judge Parsons
Said tOInSure Thorough
lnql.rj.
Ali Baba' BreckOnSP ling
Up Evidence for
Prosecution.

HILO. May 4.--"Ali BabaD Brock.
ons returned last Thursday from Homo.
lulu. He is now busy with his investi-
cation of various county records, war
rants and the bank accounts of various
county officials, comparing, sorting and
drawing deductions. He is getting ready
to make some additional charges be.
fore the grand jury, which meets dur
ing the end of the present month There
viii be further charges against Auditor
Mcguire. Whether there will be charges
brought against Others is matter
which Breckons is not discussing Mt
present.
The ruling Of Judge Parsons, made
last week, to the effect that the county
auditor is charged. within the mean.
ing of the statute relating to the EN-
lezzlement of government funds by Of
fcials, with the disbursement of county
moneys, has placed the work of the
prosecution on a far more definite basis
than it has enjoyed heretofore. Breck-
ons can now accumulate evidence and
bring charges with full knowledge of
the applicability of the statute
More Charges Contemplated.
Now that the question of the audi
tors being charged with the disburse-
mentg of county funds has been settled,
] hntends to. bring some more charges
against Magnire, said Breckons last
weekn9"j They will probably be brought
betqre the, grand jury this month";
Aowi that the demurrers have been
overfuled, the, next step is the entering
Of afplea by Mcguire. His attorney,
Carlsplith, says that he will plead not
guilty, and will consequently stand tri,
al. The tsial jury convepes june .,
and shortly after that the Mcguire tri-
ais will probably take place.
There has been some talk that a
change Of venue may be necessary, ow-
ing, to the fact that the Mcguire cases
haiY}e nbqeno sc, ,extensiyely discussed.
Breekpns; says however, that so far as
the, proFecution is concerned, it is per
fectlyt satisfied to stand trial in Hilo,
ass he, has every faith and confidence
in the general integrity of this com
mppity. Garismith said that it was a
matter of little moment what the pro-
seeltipn had to say on the proposition,
asst had no means of securing a change
of Venue AS far as the defense was
concerned, said Carlsmith, the question
had never been considered at ALL and
he was therefore unable to make any
statement in regard thereto at present.
Breckons continues to amuse himself
with discovering oddities and peculiari-
ties In the records and warrants which
he keeps about him in great patches.
Every time he finds something that
looks out of the ordinary, he looks into
the whole transaction from alpha to
omega, not neglecting to trace it to
the bank accounts in case the warrant
involved finally found its way there.
Odd amounts covered by warrants
drawn without authorization as, for in.
stance, SLID, are particularly fascinat-
ing to the Investigator, as they are
more easily traced than those where
some round number is involved which
may refer to various instances.
In many cases the bookkeeping is
humorous, as for instance where it gives
the month of September, 1909, thirty.
one days, which is, however, more
amusing than significant
Checking Up Warrants.
The commission is busy checking up
warrants and accounts, and is making
notes of whatever apparent IRREGULAR.
ties 1t runs across. 1t is not likely
that it Will have any public meetings
Tor the next few days. 1t is, however.
quite likely that the commission will
sooner or later, 90 to Kau to hold n
session there. The names of five no.
lice officers which recur continuously on
the notes and warrants, are those of
kau men, and the commission will prob
hpiy ma 1T necessary to put them
through an examination. 1t is likely
that it will be cheaper for the commits.
sioners to go to Kau than it will be
to pay for the transportation and ex.
pefises of the witnesses, if they have
TO be brought to Hilo, and in such
case the commission will 90 to Kan
There is also a possibility that the
commission will go to Kona for reasons
somewhat similar to those relating to
the Kau trip
"A phase of the investigation which
is interesting those concerned greatly.
is that relating to the possibility of the
county recovering by civil suit the
amounts which it has lost. One of the
most important points in this connec-
ton was brought up in the matter of
the Mcguire demurrer, namely, wheth-
or the bondsmen of the treasurer would
De hkely to have to pay for any illegal
warrants paid by the treasurer. Carl.
smith and Breckons agreed that, if the
court decided that the treasurer had
discretion in the matter of paying war.
rants that is, if it was held that the
treasurer had right to refuse tc pay
warrants If he thought such were lille.
gally issued. then the treasurer s bonds
men might be sued eivilly for the recoy-
cry of the money thus paid out by
the treasurer on warrants which he