The Maui news. [volume] (Wailuku, Maui, H.I.) 1900-current, 1915-12-17
Hart'S Shortage May
Not Be Fully Known
Private Funds Entrusted TO Him
Cannot Be Accounted For Books
In Bad Tangle-System Bad.

1t is almost certain that the entire
amount of the shortage of Edmund
H. Hart, clerk of the Second Circuit
Court, will never be accurately known.
Up to the present time something like
$500 of the courts funds have been
checked up as missing. The clerks
cash book shows a balance of some
$1,000, but the bank balance is only
about $500. But the money that can
not be checked with much degree of
accuracy, is that which has from time
to time been turned over to the clerk
as administrator of estates, trustee
ships, and the like. These are not
court monies, and the only way short
ages in this account can be ascer
tanned is through claims filed by per
sons to whom it may be due.
Following his arrest on charge of
embezzlement last Friday morning
Hart was arraigned before Judge
Edings and admitted to bail in sum of
$4,000 This was later furnished with
j. H. Kunewa and d. c. Lindsay as
sureties. Hart is under bond of $25O0,
furnished about year ago at the time
that Judge Edings took charge of the
court. w. 7. Robinson and A. Garcia
are sureties on this bond. While the
amount of this bond does not cover
the amount of Hart's alleged short
age, it is claimed that his former
bondsmen will be responsible for any
defalcations shown to have taken
place before the new bond was ap-
proved.
Complicated Tanee.
Auditor Charles Wilcox has been
engaged ever since last week in going
through the books of the clerk, and
he states that they are in a discourag-
ingly tangled conditions. The county
supervisors, at their session this week,
set aside $1,000 towards the cost of the
audit now being made, and A. G.. Dick
ems, a local accountant, is now work
ing on the books. w. S. Chilling
worth, court stenographer, who is now
acting clerk, and who will probably
receive the permanent appointment to
Hart's position, has been experience
ing good deal of trouble, from the
fact that Hart was far behind in writ
ing up his docket, much of the records
of the court being simply memoranda.
Trial in March.
Hart will not be placed on trial until
the March term of Circuit court, and
it is possible that another Judge than
Judge Edings will be called to sit on
it, inasmuch as the Maui jurist may
be held to be disqualified on account
of his connection with the matter.
Immediately following Hart's ar
raignment, Attorney Eugene Murphy
fled suit against the clerks bonds
men for the recovery of monies al
legged to have been entrusted TO the
clerk. The suit was brought against
Hart, w. T. Robinson, and j. Garcia.
1t has since been learned that J. Gar
cia was not one of the bondsmen. 1t
is highly probable that this is but the
first of many such suits to be brought.
Is Wilcox Responsible?
1t is more than likely that, in case
the bond of Hart proves insufficient
to meet his shortage, that an effect
will be made to recover from the bond
of County Auditor Charles Wilcox, on
the assumption that the defalcations
would not have occurred had he not
been negligent in the matter of audit
ing the clerks books. Mr.. Wilcox ad-
mits that no audit was made during
the past three or four years, but he
claims that he has never been able
to get sufficient assistance in his office
to enable him to spend the time on
outside Offices required. Also, he
points out, that the law on the sub
iect is not specific, and is even open to
question as to whether such work is
required of him. He points out his
efforts, during the past two sessions
of the legislature, to have a bill passed
which would specifically require the
county auditors TO make at least year
ly examinations of the accounts of all
county officials, and to require month
ly reports to him from all Of them.
This bill failed of passage both times.
During the last legislature the bill was
pOcket-yetoed by the Governor, no |
cause ever having being given.
Supervisors Have Not Helped.
Mr.. Wilcox also points out that the |
supervisors have not in the past
shown much inclination to help out !
in this direction. AS an instance he |
recalls the fact that long before the !
recent investigation of the MakawaO |
and the Wailuku waterworks, he call |
ed the attention of the Board TO the |
fact that there were evident irrcgulari- !
ties in these departments, and asked |
for help in digging out the facts, but !
no attention was paid to his request !
Played ends Against Middle.
Auditor Wilcox further declared !
that that under the system in vogue !
prior to Judge Eding's time at least !
an investigation of the court clerks !
books would have probably not shown !
a shortage inasmuch as the clerk !
might be short on court funds, and |
be able to cover the shortage for the !
benefit of an examiner, from estate
and other funds in his hands, for
which he was not required to make an
accounting. II is reported that re-