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.)