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mbmt What is Best for Maui is Best for the News If you wish Prosperity Advertise in the News VOLUME XVIII WAILUKU, MAUI, H. T., SATURDAY, OCTOBER 21, 19U NUMBER 35 Circuit Court .October Term Opens Judge Kingsbury Presiding. The October Term of the Second Circuit Court opened Wednesday. Judge Kingsbury's charge to the Grand Jury was as follows: October 18, 1911. Gentlemen of the Grand Jury, tho law makes it my duty as the Judge of this Court to, on this occasion, give you some counsel, direction and advice regarding your present gov ernmental service. Your faces and names witness to mo that many of you have before this time, and since I have occu pied this seat, served upon the Grand Jury. You, all of you, have a good general knowledge of the functions andduties of your oflice. So true is this, that were I to confino this charge strict ly to your.distinctivo duties, func tions anil lorms. 1 would give no other further or different charge than you yourselves could give if called upon so to do. Well may we pause to contem plate and to rejoice when we see and appreciate the patriotic, educational effects of our Jury system. It is at once the power and tho school, giv ing tho required education for the use of such power, of the people ex ercising supreme, judicial, indepen dent self-government. Permit me to remind you that you aro to keep secret, as if sacred, the transactions and disclosures in bcs sions of tho Grand Jury. These things come to you, not as private persons, but as oflicers, and under your oaths and obligations as such. They are governmental property, not private property. Also remember that no person can be in your room wnen you arc in session except tho Attorney-Gen eral of Hawaii and his certain Dep uty hero on Maui who fills .the of fico of Prosecuting Attorney for this jurisdiction. Nor can ho or his Deputy be in your room when voto is being taken on question of indictment or no. One witness at a time may be present to givo testimony in a mat ter before you and be present only while testifying; or if any such wit ness can not give his testimony in the English language and can givo it through an interpreter, then you can nave with you such needed in terpreter just while and only while ho is so needed and so acting as such interpreter. You aro also reminded that the Statute makes it tho duty of the Court to appoint your Foreman and leaves it yonr duty, on retiring ' to your room, to elect your Score tary. When you do this, you com pleto your organization as a dcliber aitvo body and aro ready to begin your duties as a governmeneal tri bunal of a judicial character. As you know, the County Attor ney of Maui is a Deputy Attorney General and your adviser. He will aid you in the examination of wit nesses and in legal procedure gen erally. .lie has chargo of tho crim inal business ot the Lounty and is best informed as to what matters should bo brought to your attention He will draw your formal charges called Indictments" but will not advice when or whom to indict. You will report your transactions to tho Court when called upon by the Court to do so ; and will, when your labors are luuahed, make your full and final report in open Court lou may yourselves hxetl your (Continued on l'age 6) Honolulu Newsletter )oings at the CapitolStraight Talk to liawaiians. (By Manuel tie Coste.) I have profound respect for Mr. wanzy. Like others in tho com munity I am pleased to accept his opinions on matters relating to the advancement of business in tho ands, but not to consider his final words in a discussion involving the expenditure of much fine gold on the physical development of cer- ain sections of Oahu.thcr.eforo I take issue with him when ho proclaims in a public meeting tho fact that ho objects to persons who do not know how to build good roads criticising those who do. I cannot believe that the constitution nor the magna char- :i closes the lips and makes dum mies of all men outside a radius of which Mr. Swanzy may bo said to be the center. From the remarks of this distinguished merchant I take he is willing for the Belt Road Ommission to spend ten times six teen thousand dollars a mile for a road that leads to that part of Oahu in which ho has a country residence. do not suppose there is a lot owner on the lino of the eighty thousand dollar boulevard who would peep an objection to its construction but the poor devils over here, where good streets aro of greater necessity, do peep and aro peeved because they arc told they notdo know what they talk of. It is presumed Mr. Swan zy docs, but I refuse to believe when Mr. Swanzy dies knowledge "will de part with him; there are others who have read and learned that majority sometimes has an inning. Refer ence i3 made to his oversight of the criticism in tho newspapers of an expensively built road over the Pali. In a way the Advertiser is wrong when it ventures the assor tion that Mr. Swanzy failed to read it in the Thunderer." From what gather he would not look for it in the Times any more than he would in the Freeman's Journal or the Boston Pilot. M'". Swanzy is a son of Erin, I am told, and probably banks on the utterances of his home paper, whatever it may bo. 1 have heard it said ho is a Briton, as ap plied to men who came from Eng land, but I think it is a mistake and that in respect to his dialect he is a creature of his surroundings. But ho is a good citizen, whether he wears the green or tho red; the ioso or tho shamrock, and ho would bo just as valuable to tho community if ho were not so exclusive,, not so high and mighty and if ho did not show an inclination to remain in his hole during tho discussion of public mat ters except on occasions when his personal comfort is at stake Swan zy is not a mixer. He apparently looks for benefits where tho rich aro the ones to pull down the plums. It will be mainly the owners of free and mortgaged benzino wagons who will enjoy the boulevard. God help the poor Palolo farmers. If I had remained another week on Kauai I would have been made a stronger antagonist of thoso who have tho undertaking of a belt road on Oahu. Whether Moragno is a moro economical, a more considcrato or a better engineer than is Gero, or whether ho ia a combination of all of these, I am too much of a novico to say, but the comment I would mako on tho roads on Kauai, con structed at about half tho cost of the one tho commissioners here have just Contracted for would put all but Mayor Fern, who voted against tho (Continued on page 2.) GAME BIRDS A LA MODE. (THEY A!MT NO EVADIN n a-n- THC LAW HEREABOUTS.) JJL CpV 4i jS HSk. JERStfV . I BY HECK I MOSQUITO itlS- SHE '3 COM- , . j628'--fpSrr PLIED WITH ' THE LETTER fi. Telegraphic News. .SPECIAL TO THE MAUI NEWS.. Honolulu News. HONOLULU, Oct 20. The Supreme Court has decided that Cir cuit judges are without jurisdiction until the expiration of 80 days libelee. In view of this decree man The Standard Oil Company will HONOLULU, Oct. 19. Link Oahu tunnel scheme yesterday, Water Co. lie transfers his rights for water originating or flowing 500 Tho federal grand jury has Norman B. Smith for smuggling. It is rumored that a number of white men are implicated with Smith. Dr. Martin, lately a visitor hero wits arrested in San Francisco on the complaint of J. L. Coke for passing bogus checks. He paid up and was released. Rebels Winning. LONDON, Oct. 20. Conflicting reports have reached here with reference to a pitched battle near Wuchang Skirmishing continues around Hankow. SHANGHAI, Oct. 20 in the hands of the rebels, tho Hag of tho republic SAN FRANCISCO, Oct. 20. America have ruised $500,000. UKOSUKA, Japan, Oct. 20. In view of tho EOrious situation on the Yangtso, the government 1ms sent torpedo boats to Ilanlcow. MACON, Ga., Oct. 19. Eugeno Ely tho noted aviator was killed by a fall of 50 feet from his aoroplane. ST. LOUIS, Oct. 19. Aviator Gill remained in the air for a period of 4 hours, 10 minutes and .30 seconds, establishing a new record for sustained flight. Fighting at Hankow. PEKIN, Oct. 19. The imperial troops aro before Hankow. They have occupied tho railway station and part of the trenches. Tho rebelB tire fortified at Wuchang. Hand to hand fighting is being engaged in. SHANGHAI, Oct. 19. Nanking and Kiankiang, the former a treaty port, have been captured. WASHINGTON, Oct. 19. Assurance has been givon there will bo no alliance of forces in China, CHICAGO, Oct. 19. Over 1000 strikers havo returned to work. PHILADELPHIA, Oct. 19. Tho fourth game in the world's championship scries postponed on account of rain. Rehse in New York Evening Mail. to hear or determine divorce cases after the completion of summons on marriages are considered illegal. erect a can factory here. McCandless sprung a joke on tho when he incorpoiated tho Waikane at Ahupuaa, Waikano and Kahana feet above sea level. indicted McMuhon for murder, and It is reported that tho Yangtso country is Three government warships have hoisted -Friends of tho revolutionists in The Latest lnSports What the Wrestlers, Boxers and Base Ball Artists Are Doing. At the Sydney Sports Ground, Jack Donaldson ran 130 yards on a grass track in 12 Fcconds a feat unprecedented in the history of athletics. To find a romparativc perform ance we havo to go back to lou 11 years when, on February 9, at Fenham Park, W. Johnson put up 12163 for tho 130 yards, but it was on a cinder track, which is regard ed as being some yards faster than a grass one. In 1906 A. B Postlo was credited with running 130 yards on a cinder track at Menzies (W. A.) in ten yards unuer even, out mere was a drop of 3ft. Gin. in the path, and the record has not been accepted. That Donaldson's performance was an astounding one, those who witnessed it will readily admit, for he ran magnificently, bound ing over the ground like a ricochett'iig can non ball, his legs and arms moving up and down in perfect unison a real scissors motion that is pleasing to behold. This was Donaldson's first ap pearance in Sydney, but his fame had preceded him, for ho had ac complished remarkable times in South Africa, where the atmos phere like that of Australia by reason of its being thinner than that of England, and thus offering less resistance to the runner, is favoura ble for fast sprinting. However, many of Donaldson's time perform ances have been doubted the world over by eminent sporting authori ties, the majority of whom state it is practicalljMinpossiblo for a human being to run tit a rate .of ten yards inside evens. Yet Donaldson has demonstrated that not only is he capable of accomplishing this feat, but that ho is the fastest runner the world has known. Of Holway, the magnificently- proportioned American, whom Do naldson defeated, it has to be writ ten that he is a very fine runner, capable of doing seven yards under evens for 130 yards, which would, under ordinary circumstances, en title him to bo styled world's cham pion, but Donaldson is living. Ilolway's stylo of running forms a striking contrast to that of Do naldson, for he moves with a very high leg action, and his arms, which aro held at right-angles to his body, are worked to and from the body with a short, sharp motion. There was no error in tho start, and the men, rising instantaneously, Donaldson was tho tirst to show in tho lead, and at -10 yards was near ly a yard in front. He gradually increased his lead, but Holway gamely raced on. At 100 yards tho "Blue Streak" was two yards to the good, and, although the Ameri cans chance of success was now hopeless, ho did not abandon his efforts to reduce tho gap. Tho two men wcro striding beautifully, and right through neither faltered. Hol way mado a vain endeavour to reach his fleet-footed opponent, but mado no impression, and Donaldson dash ed through the tapo a winner by four yards, in tho remarkable time of 12s dead, agreed to by the three official watch holders. The track was measured by ama teur and professional officials, and was found to bo 130 yards ! inches. "I ran a trial during tho week, said Holway. which mado mo do 12 3-10th sec. for tho 13,0 yards.or sev en yards under oven time, and I Genuine Satellites The Stars Put It Over the Wailukus Sunday. The Morning Stars, recently nicknamed the "Hasbeens" by their supporters, put a crimp in the championship aspirations of the Wailukus last Sunday, and inci dently shook off, temporarily at least, any signs of diminishing act ivity as baseball players. The Stars put up a fine game, and though they were lucky in many instances, still it was their accurate throwing to bases that cut off many runs for the Wailukus. The base running of the Wailuku team was pronounced by many as careless. It may have been, but had they succeeded in their at tempts, these same people would have declared it brilliant. It was in their batting that the Stars were lucky. It seemed as though they could not make a mis take. The ball was hit at just the right angle to carry it out of the fielders reach, and time and again hits which looked like easy outs would take an ugly bound, and get beyond the reach of the fielders. Again, as we said last week the Wailuku team is made up mostly of youngsters, and they were ner vous, and showed their nervousness in some glaring errors. Henry Syl va, who pitched for the Wailukus, pitched a mastely game,, and con tinually had the batter in the hole, only to lose him, either by a flu ky hit or the misplays of his team mates. The battery work of the Stars was all that could be de sired. The final score was 6 to 2, in favor of the Stars. At Kahului; the Paias went down to defeat before the Kahului team. The Paias had a number of sub stitutes in their line-up last Sun day, and gi'e this as an excuse for their defeat, but the fact remains that Kahului gave the Paia pitchers quite a drubbing. This Kahului bunch are some sluggers, and that is what counts in baseball. They won last Sunday by a score of 13 to 3. Both games will be played at Wailuku this week, the first game between Paia and Wailuku com mencing at 1.30 and the second game between the Stars and Kahu lui at 3 o'clock. reckoned that I had a splendid chance of winning from Jack Do naldson, and would you not think so if you wcro in my posiiton?'' This query was put to a "Herald" representative, and he answered in tho affirmative, for there havo been very few men in the history of ath letics who havo run 7 yards under evens they can bo counted on one's fingers. Continuing, Holway said: "Would you kindly inform the Sydney sporting public that I havo not ono excuse to mako for my de feat. I am Borry that I did not mako a closer raco of it. I ran right up to my trials but Donald son i3 too good for mo. "No, I don't think I havo a chalice of beating him in Australia. Do you? Of course not! Why, he's tho greatest runner I've ever seen in my life 1 Only chance I'll ever havo of defeating Jack will bo in England, where I stand tho climate much better than tho ma jority of visiting athletes.1' HoU, way mused for a while, then con tinued "Somo folk say I got awtty first, (Continued on l'age 5.)