Honolulu star-bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1912-2010, 1914-01-24

tCont1nued from page one1
ing almost every division of law
property, realty and personality, agen.
cy and contract, as well IS criminal
constituted the buIwaTk IF the defense
Of Kealoha, by his counsel, Attorney
Mcbride. under trial this week in the
circuit court for alleged embezzling
Of a small sum of money said TO have
been paid TO him by Charles Mcguire
for county crushed rock. .s ..
So entirely legal was the Kealoha
defense that not one witness was call.
ed to prove that he did not take the
money in question, his attorney rely
ing alone on several legal contentious.
These were, in brief, that the rock was
taken from quarry which il is claim
ed is owned by the territory and not
the county; that If the defendant had
embezzled anything 1t was rock and
not money; that Kealoha had no an.
thority 10 make sales for the county
and that the prosecution had
failed to show that by virtue OF els
employment Use wording c. thr in-
dictmentl Kealoha was entrusted with
the collection of money from county
oscillations. And So On in so many
varied forms that almost defied the
expertness OF the court stenegrapher
to keep a record Of the Mcbride Oh
jections. sy= @. s.s
Making his defense Legal one WAS
enc that Mcbride has maintained
throughout, he going back over all the
grounds yesterday afternoon when he
was arguing for a directed verdict of
acquittal for his client and is in fact
the carrying out of the defense which
he started when he BEGAN filing de-
murrers to the many ksaloha indict-
ments. ..-< #
When a part of the legal travail III
the Kealoha trial was ended WeGnes
day by the court ruling that the pros
eeution should show "acquiescenceE
to the sale of county rock by the de
PENDANT, while he was road oyerseer,
the examination of the witnesses was
continued. John Kai was recalled to,
the stand, 1t being a question asked
OF him regarding a superyiSorial res
elution which started the eanncnad-
ing Of the Mcbride objections which
delayed the trial while legal de-
Tense was made. C. II. Will followed
the county clerk, the most damaging
portion OF bis evidence being that he.
had secured eurbfng frcm the Waia.
HuenHe street quarry, it heing known.
that Mcbride was resting faith In the
belief that The prosecution could not
show that the Waiakea quarry is
county property s~2 $50 49,
County Treasurer Swain was an.
other witness. He simply testified to
the entries in the county realization
receipt books and payments made by
Kealoha to the county. Mcbride tried
to- make capital out of the fact that
the receipt books had been out of
his control since the graft in9estiga-
ton started; but Swain would not adj
NIT that the books were any different
from what they were when he last
saw them A sidelight on the county
accounting system was given by Swain
when he found a receipt made out in,
a different hand from his or that OF
his deputy He finally said that he
thought it was Harry Hapai's hand.
writing. Mcbride: asked him., Did.
Hapai have any connection with your.
Officer" sr 20 g. 4
None whatever - responded the
county official. He was unable to en-
plain why the receipt had been filled
out by Hapai but thought it was prob
ably on his instructions. When ques-
toned by Judge Parsons, if he remem-
fc IN hn fTr.RA hA NJ 81 hot
he did not. -..a =.
Mcbride consented to admit the tes-
timony of c. H Brickwood, the for
mer deputy to the treasurer, subject
to a mass of objections he was making
in the same form to the testimony Of
all the witnesses. The objections are
based On contentious which he argued
early in the week that a road over
seer cannot sell county property. q As
he was overruled during the examina-
ton Of witness he would monoton-
ousIy state: Saving an exception"
The purpose of the objections and
saving an exception is to have them
appear in the court record in case al
is returned. so another de-
cision can be appealed from to the
supreme court on the same legal
grounds on which he has made the
entire defense.
The comedy of the trial was fur
nished by the crosS-examination Of
Gooding Field by Mcbride, both Civ
ing and sending as good as the other,
which amused the listeners. After
Breekens finished with Field, who was
a ready witness with much knowledge
of the Mcguire $45 rock amount,
Claudius took his turn at the account
ant.