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VOIXMF I NO. 63EUGENE AVERT ISAGAIN EXONERATED.»kp the *tand to give t^stlmony on ri hn*. 3be walked to th* stand ith the bearing of a qu«**n.'W* will eacfiw all thi* line of t «-a nj u sa*e time ' said Attorney *ri« ~W* wfll admit all the prc*e-itic n Intend proring by these wit-Embezzlement Charge Has No Foundation Whatever.ATTORNEY GENEAZ# DOLE APPEARS IN PERSON TO PROS ECUTE DEFENDANT.Thii completed the rase fo- the prosecutionAnd Mr DavU moved that :h* defen-Alt be discharged.‘*Tb* evidence adduced on the part of th* pmeeentlon. said be. is wholly j «uuSlt; lent u convict the defendant.‘ * There is no evidence to submit toJUDGE SHUMAN DISCHARGES HIM.1 the jury «d «*» »*»lt;* ^find the defendant guilty as chargelt;Mn the Indictment.‘•Chapter XVITT of the Penil Law•? in*b!« Territory. section 157, define# the trim*' of embezzlement to b** Tf ary person who la entrusted with or has ___| the possession. control, custody orj Re. ping of a thing of value of another W aa Aaducea to | .|jy tJ, ? 0f *nthority. direct or Iindirect, of such other, without the | ron«*'»nt and against the will of the owner frardulenMy converts or «*ia-of the *amc. or attempts so to •avert or dispose of *he same to hi-i^n ;i«e and benefit, or to the use and benefit of .mother than the owner or \ person entitled thereto, he is guilty of th#* embezzlement of such thing' 'The crime of embezzlement is pure-Mlitror.g TShv That a Partnership Existed With King Brothers— Lively Proceeding*.i ••ed man. freedomcourts on the The second was brushed i » court it the defense!v a statutory offense and unknown toA I S %* V •71 ft • 1,i th# lurr.V K » w ~ w — ^Tk- im a v.*rv .«n a lvr-r-lisiiij~ A • ■ w+F + * • * « - w ^^ -tor. Like all advertisingl $ i i fg i iuoiHty Avery is fertile ;u1 .w fthat is. in resources where• - - atm i»4-r hitndlse and commo n-. V, iv 14 fi i ra \ iXV 1 • if iJtH, • * i|iH la* tti»: |iiiuiic, parAiio*i* i♦ lit;* .iii‘1 ch^upn*.’?* ot value In reference to t!i?, v«:and luxurk!U**ofatIvmg. On cow* Imprc^ed with he restaurants, •arlv all of theweathe11.. •iii*the■ i ;USVInWplan »v.i rjOfttght he ^ of patrons by * covers in which tilt! In attractively TO wore of heavy a each side a ph -ittng and modest esses would lend . The liiidi* cov-ih ads from busl-rould Ixi- no the cover* f appetite by fur-lum, as i! were.had thought TUT o Eii** own .satinfac-r Brothers and uu-Thcy thought it Melvin and W. C. ;* firm, enu red in-n \ very to canvassthe common law. The evidence adduced discloses that there was a contract and i.gre»nvent ^ptered Into by King with defendant for the getting up and publication of binders for restaurant bills of fare. The-*- bind* rs wer*- to have a Ivertlsements posted in them and defendant was to go around and solicit advertisement. King Brothers were to get their advertisement for nothing, and he was to have the money there was over the cost of the look. There were some* changes made afterward* King had more bills of fare printed than they agreed on. He turned over $1 IS and it clear! .* appeals that the defendant paid over in a* cord-rnce with the terms of his contract all the money entrusted to his keeping bv King There was a partnership; thisits the evidence It therefore followsthit there was no conversion of th* n oney nr that King was deprived of hi* properly by an adverse using orholding/’Many authorities were cit *d by the counsel in corroboration of his argument.Do I made one of his characteristically eloquent speeches, samples of which have been fully reported in The Republican.Judge Stillman discharged the defendant and ordered the cas? stricken from the calendar, statin*, that therew-'fo no grounds for holding Avery :*nteithta!m*m;IKseCcfoaquTIac1ontoWienstiUBtupCtilmththucprBlt;clofnie.vfo\vthe chr.rge.for id*- the covers.. M ftf • • i IkC (Jill t t, V. •. IJirut n^1*i-v _I it' jIS tv* {M i\v.rv wasL K. Halualani if* Dead.L. K. Halualani died Wednesday at hi * r si donee in the rear of the Chinese Young Men's Christian association. He was about 45 years of age and was a member of th» legislature of 1895 from Ewa He owned some land in Ewa be-sldcs other property. The body was taken there for interment.oidtuctoththI he dlt; ta ith«* work. Kinstseth. nam*' ofhe covers.ii- irrested on the Auv-7th at the instigation \ tb- charge of emhez-Tuittai in the policemerit on the charge Of •hr t;rand Jury, ss ^n-DRIVING ASSOCIATION WILL GIVE GOOD RAGES.I.u. Kace uf Attorney Gen-«viite him lt;n the •ntz 572 from King SHHman's court yes-i?f tin day. irors were rmpaneled M. K Keohokal »l-\ V\ C Wilder, !r.. n Waterhouse. H. F. Lnndo. W. W. D;-e. E. S. Cunha, J. H.* » (J Iappe.ired for the de-AN ENTRANCE OF TEN PER CENT OF THE PURSES TO BE EXACTED.Dr. Monsarrat and Prince David Added to the Board ot Directors — Handicappers Are Appointed.Aotnaiirmdiiaei1^tltc\vd.03hiWKinthe•iThe Hawaiian Driving association held its second meeting last night at Hawaiian hotel. There were live new entries made last evening for the coming races. James Quinn. Larry i He. Captain Soule, Prince David and j Will Vida entered horses for the different events..... ----- The ways and mean# committee re- jMr. King, be- ported that the labor unions had pnxn-1,1 s»-0 Melvin. ?ii. • i* lt;^u» 'ar mi»cp*c that theirIEHC(Uh.uhfrthe story )fAustralia. On _Jllng of the into the store an*1lew. . ...Melvin-f Avery until he was Australia. When rest*d he told the witness 4* no use to push the mat-AdtiT a bean, nc's jn ihb way to the po-w .th all kinds of damn cctfiVd them $500 for purses, so that the aport w ill be a means of be*neflt to :he itssoeiatlon. On a motion of Prince David the report was accepted and laid ih the mat- )Y^r until a final report co^ld be made He threat-In (Via iNli’A.*tnrC’clounnerahlp that t'xisiod Avery? asked Af-v-could be looked uponE»/’ answered the wit-‘A*r:•*'I * •further adinltteKl rhat as to divide jl* he uudersUA-d 'I:.- and low«*e wit I: Wery, fnvral Dole showed a 4pts slgmni by Avery to The receipts were for *d from advertisers cnto the director.It wa* decided that an %'ntrauce fc*« of 10 per cent of the purses be charged, money to go to the association.James Quinn moved that the hoard of directors increased to n:ne members. dropping out the officers. Dr. Monsarnt? and Prince David TTew elected to the two new position*.The rules committee reported that they had decided to use the rules of the National Trotting association for harness races and the Blood Horse Running association rules for running events.A great point now came before the concerning the classification• tl* t!osaI\IvVI(1meeting concerning the On every receipt he asked ot hors** \ f-r«it many gentlemenAv^rv s h*ua^ objected to James Quinn entering acertain horse in the three minute class. n*iui*w«T ^ committee of handicappers was ap-'• T.vnt's attorneys offered no p0jnl,sj ^u. under the rules which the:i to ttie lntro,iuction of thr ^^utian h«J Jtut adopted the exist- c... .icoatare was in n$ Aud the witness answered inafllnnativ*bTI0\nr/h* -t*r A. Doyle testified to the ar-n d Avery on the steamer.H . night clerk of the police station jrnUarly known as Jake, was the next testified that when Averylt;nce of such a committee was found ro be illegal and it was forthwith discharged with a vote of thanks.The program was put in the hands of the directors with power fo act. TheH* testified th:i! «hen Avery dj|tp Qf the plnx-I. at the station he had Jt l . . 3l#titold. 63 ■ * nt« In silver and a string?on A'lgust Sl»tU »as decided that the treasurer 1 v . should pay hill# amounting to $30.23.Isa t tt the custom to search all that , t*. r.wirtwi ,hat he brt heaI t it the eustom to search all that ^ sported that he ha'a heard... in there and take all they have Qf mrQ who woullt;i the track Ic-' asked Attorney Davis, and there ordw for 13 a Hay furnishing teams. ,» a ro;. • ;f laughter. Even the cl6- „tf Mr instructed to com-- tx n*.i. u. **tc Mr was msirucicti 10 cx»m-al r iutei.am-e of the court betrayed. plete arrangements with the gectle-men in Question.imllc[Hivis thought It was no laughingiircr.Have you got the money now? heked.it wag returned to him/' answeredpolice :r iulrbcn Attorney General Dole started call all those merchants who had ►*en Avery money and received h!s •Hot* for the same.The treasurer reported $105 in the bank and 127 members enrolled. It was decided that the charter lists should cloee at 150.Before the meeting adjounud Larry Dee delivered a sermon on the ethics of profanity. He objected to profanity on the track in the presence of ladies. He forgot, however, to men-:IHptfs for th* same. ! tjon bla text. The meeting adjourned jdins Killean was the first witness to ^ ^ profound silence. .
Newspaper Details
Honolulu Republican
Honolulu, Hawaii, US
Sat, Aug 25, 1900
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CA 22 Aug 2021
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