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If You want to
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yon llnd It hi
The Star Prints More Local News Than Any Otlier Paper In Honolulu
HONOLULU, HAWAII, THURSDAY, JULY 5, 1906.
I J I
TT A 1A7
WHAT IS THE RULE
(Associated Press Cable to The Star.)
ST. PETERSBURG, July 5. Tho Czar's unprecedented offer to the
Douma directs Duko Nicholas to Investigate the disaffection among tho Rus
Several generals have been dismissed from tho army, in disgrace. '
WIMBLEDHOWN, England, July 5 Miss Douglass is the winner of the
ladles championship singles, as she defeated Miss May Sutton the American
1l ft t.-v Jniton
ACHI'S PROPOSITION ON THE SUBJECT AS MADE DEFORE JUDGE
DE BOLT THIS MORNING E V ERYONE WILL LOSE HIS FAMILY
IF ONE CASE OF CRUELTY ISJTO BE REGARDED AS JUSTIFY
BELGIANS DMT IK
HENLEY, England, July G. The Belgian crew today defeated the Trinity
Hall crow In the finals in the Challenge Cup race.
MANILA, July C The cholera is spreading, but Is believed to be con
INDICTING RUSSIAN POLICEMEN.
BIALYSTOK, July C Twelve poli cemen have been indicted for partici
pating in tho recent massacres at this place.
HUSBANDS WERE VERY STRENU
OUS IN THEIR METHOD OF
ENJOYING THE OCCASION.
There were few arrests made yester
day by tho police. In fact tne number
Is incredibly small, for a Fourth of
July, only two drunks being gathered
In, but it was nevertheless one of the
busiest days that the local force has
known In years.
A great deal of celebrating was go
ing on and a very largo number of tho
celebrants proceeded to observe the glo
rious fourth by thumping their .wives.
'Telephono message ater telephone
message camo over the lines to Station
Clerk Joe McKinnon. 'IHoy, this police
station? Then "HIc" you "hie" send
pllceman. My brother, ho been beat
his wife. Send him wlklwlkl." And
Immediately a bicyclo officer would be
dispatched to Kalihl to hunt up tho
cruel husband. When tho officer would
arrive It' would bo to find tho crowd
"prosting" and every no In a good
humor. No arrests -would be made.
Other times to Kakaako and Palama
the police -would bo hurried in response
to call3 for aid and they would have
to act as peace arbitrators.
It was the worst day for wife beating
tnat. nas been known since the lslarids
were annexed and tho Glorious Fourth
became an official holiday.
BLOWS OUT TWO BOILER TUBES,
GOES AGROUND AND HAS HARD
How many times has a husband a Aehi'a argument. Ho told tho court
right to boat his wifo or bo cruel to that it llad been shown that tho girl
her, before she by reason of such ac- had been sent "up stairs" by her moth-
tlon has a right to leave him and 'take or, when her futher culled, and had
tho children with her? At least moro been told not to come down. Tho fath-
than once, according to Lawyer AchJ, er, under local law, had tho prior right
who told Judgo Do Bolt this morning of authority over tho children, and tho
that If tho court was going to lay down mother's act in sending tho girl up
a rule that the better halves could quit stairs was illegal restraint of liberty.
tho first tlmo "wo should all bo losing Hisana testified for her mother. She
"How many times do you claim It
should occur?" tho court mildly lnqulr
AchI didn't answer tho question, but
talked fairly good English. She em
phatically declared that she wanted to
Ilvo with her mother arid not with her
father. This very largely influenced
mo juugo in dismissing tho petition
ho repeated that onco was certainly not and ordering that tho man who brougnt
enough, and that only one occasion of It, Tatsuzl Nakashlma, pay tho costs,
husbandly cruelty had been shown In It appeared that his wifo had left him
nvldnnrn In tho rnso nnrlnr trlnl whlnh in Ivohnln. nnr inmn fTnnntil,, wT1.
ovldcnco in the case under trial, which
was tho habeas corpus petition in be
half of little Hisana, a diminutive Jap
maiden who looked something Hko a
noster advertisement of a crelsh.i elrl.
"Why," said tho fifth district states
man and attorney, "If that ees to bo
tho rule wo all lose our chceldren. '
in Kohala and como to Honoljlu with
tho child, and he securer! thn writ nf
habeas corpus to get possession of tho
Judgo Do Bolt Intimated that Achi's
propositions as to tho father's right of
control might be considered In a di
vorce or guardianship proceeding, but
SUPREME COURT FINDS POINTS
OVER WHICH THE LEADING A
VERDICT FOR THE PLAINTIFF
IN THE GODFREY-ROWLAND CASH
UTHORITIES ARE IN CONFLICT
IS SUSTAINED, WITH THE CHIEff
"Tn rrnmi -t-Vi r n nnin 4Vt thn nf-Vtnt .nt.i v. .it tft. . . i t
""t)uu"l " "-l'i'-"4 iwi umw ouiu 11U U1UI1 b BliU HOW UU) KUUWIIIK
I (In -tnlnnrl tVt n nnllff nnd annitn Inrd Iti V, n ,1 1 1. n i 1 ... ti
manlfostatlons of surprise and amuse- legal restraint of liberty, hence habeas
mum, out inia ma nop siap mo now 01 corpus would not He.
WAIMEA, KAUAI, IS HAVING A
MERRY WAR OVER THE BOOZE
a lost or burnt treasure. Get
tho best posslblo insurance for
your valuables a box. In our
safe-deposit vaults. Burglars
can't blow open, nor flro molest
this place of absolute security.
The cost Is only $5 per year.
Aro your valuables safe where
The Yacht Anemone which was to
have sailed today for Seattle has de
layed her start until tomorrow as her
owner wishes to wait for the mall
which Is due tomorrow on the S. S. Ala
meda from San Francisco.
Before departing for Pearl 'Harbor
yesterday tho Anemone had tho mis
fortune to blow out two of her boiler
tubes aud that delayed tho arrival nf
the yacht at Pearl Harbor although
she was in time to see the finish nf tho
first boat race.
On coming homo yesterdav rtrnm
Pearl Harbor the yacht went ashore off
Kalihl. T. W. Hobron had piloted
the boat safely to Pearl Harbor and
out again and had turned tho boat over
to Alex Lyle when she went aeround.
une foresails wero set and tho north
east trade winds which wero blowing
took her off of the reef without any
damage occurring to her.
Mr. Tutt expects to sail sometime to
morrow after the arrival of the mall.
Commodore Sinclair of tho Lurllne
may get away for San Pedro tonlnht
but he may decide to wait until tomor
row. He was undecided whether to
leave this afternoon late or not.
coal at hilo
There is a shortage of coal at Hilo.
'Efforts aro 'being made 'by the Oahu
Railway officials to have tho S. IE. Fair
field go to Hilo to discharge tho re
mainder of her cargo of coal. Sho has
about 1.200 tons n-boarri1
of tho cargo having been discharged af
me railway wharf.
Treasurer Campbell has refused three
uppllcatldns for liquor licenses from
Walmca, Kauai, on account of protests
against them by a majority of the vot
ers of the precinct in which tho liquor
establishments wore to ibo conducted.
One of them is that of tho Waimea
Wine and Liquor Company, a corpora
tion, of which C. W. Spitz is a principal
stockholder. It was turned down 'by a
substantial petition of 95 voters, in a
precinct where thoro aro 178 voters.
Tho treasurer also rovoked tho li
cense of tho Kauai Wine and Liquor
Company, of Waimea, on account or
the conviction of Manager Hall of sup
plying liquor to a minor. After an In
vostlgatlon, however, Campbell camtf
to tho conclusion that the case did not
warrant such sevoro action, and ho re
scinded the revocation. The facts of
the case showed that Hall had had
nothing personally to do wlh tho vio
lation of law, and his conviction was
sustained on technical grounds. Tho
application of the company for a re
newal is undecided, however, nnd tho
conviction is a matter to bo considered
in connection therewith.
A fight among liquor dealers, rather
than a wave of tomnorance. is rpftnon-
slblo for tho turning down of tho throe
applicants. Tho other two are S. Osa
ki, against whom 9S voters signed a
protest, and K. Oto. with 91 voters' sig
natures against him.
SUPREME COURT INTIMATES
THAT MRS. ROE WAS DAMAGED
BY PISTOL SHOT.
DON'T TAKE OUR WORD.
About the excellence of our beer;
come in and try it for yourself. Tho
Criterion's tho place.
CHAMBERLAIN'S COLIC, CHOLERA
AND DIARRHOEA REMEDY.
The great success of this nreoaratlon
In the relief and euro of bowel com
plaints has brought it Into almost uni
versal use. It never fails, and when re
duced with water and sweotoned Is
pleasant to take. It is equally valuablo
for children and adults, and is thn nniv
remedy that will euro chronic diarr
hoea. Every .bottle is warranted. Fnr
sale by all doalors. Benson, Smith &
Co., agents for Hawaii.
Georgo D. Gear has OnftTlA1 In tx
flees In tho rooms formerly occupied by
Justice Hatch on Kaa,' umanu street.
Telephone Main 211.
TWO VACANCIES ON ACCOUNT OF
WHICH GOVERNOR CARTER IS
Governor Carter Is considering ap
pointments for two vacancies on tho
Board of Education, tho commissions
of Mrs. It. W. Jordan and H. M. Von
Holt having csplred, Mrs. Jordan has
expressed her intention to roitro and it
Is said that Von Holt Is also willing
to lot someone else tackle the work for
the next term, hence thoro may be two
npw members of tho Board.
This mornlnir tho irovernnr hn,i n.
conferonco with Superintendent Bab
bitt, at which tho maUr of appoint
ments Is understood to have been dis
cussed, Tho Board is to hold a meet
ing tomorrow. The terms of Airs. .Tor-
dan ans Mr. Von Holt both oxplrod last
MORE NEW GOODS.
Dainty fanolos and novoltlsa for la-
dlos wear Just opened and now ready
for your inspection. Bolts, veilings,
laces .and embroidorles aro well worth
8lng. -aw, v .
The Supremo Court held this mom
Ing that Mrs. Evelyn Cooke Roq op
I'uiiMiwy nas a cause of damages a-
gainst Dr. J. S. McGrow on the evl
uence submitted In tho trial of her
huic tor damages for alleged nhnntin.
at or near her by tho doctor, in order
io urivo ner and her husband away
wuih ins x-eari Harbor property. This
is the cas0 in which Roe annearpd ns
uuunsei, anu was promptly nonsuited
Later ho employed counsel and on mn.
iion or uastle & W Ithliintnn thn nr.ir
ot non-suit was vacated. Tim .ir.f,.D
uppoaiea from t i s ordnr.
After disposing of a claim that tho
lower court had no right to vacate the
non-suit because no exception to It
was taken, tho Supreme Court, In an
opinion by Wilder, says:
"Tho second ground depends upon,
whether there was sufficient evidence
to go to tho Jury. The testimony on
behalf of the plaintiff showed In sub
stance that on April 12, 1903, while sho
and her husband wero rowing In a
boat in Pearl Harbor, about fifty feet
away from defendant's nlor. ilpfon.innt
ordered them to go awnv. sworn nt
them, threatened to shoot them with a
pistol which ho was nourishing, and
finally shot at them, the bullet passing
by them; that they then went home,
which was a mile Or Rf) frnm Mm Til nor
of tho shooting; that plaintiff became
sick In body and mind; that Dr. Wood
treated plaintiff professionally on April
17, 1903, and a few times jxfter that, stat-
ung tnat plaintiff was suffering from
nervousness and morning sickness
caused by pregnancy and sho also had
a pain in her knees.
"Defendant claimed that as no ac
tual damaim WHS Shmvn nvnmnln..
dumages could not be awarded, and also
uuu mora was no showing that any
damago was the clear and necessary
conseauonco of tho Rnrt nlloirnri Thn
OVidonco would hnvn
an inforenco that damage resulted from
me assault ana consequently It should
havo been left to the lurv. Thn nnn.
tention of defendant is practically this,
uiuc oecauso tn0 bullet did not hit
plaintiff she suffered nothing. With
this contention wo cannot agree
"Tho oxccptlons aro overruled."
Castle & Wlthlngton appeared for
plaintiff and Thompson & Clomons for
A MAUI VERDICT
Judgo Robinson returned this morn
ing from Maul, whero ho wont tn trv
.tho case of J. A. Aheonflr vs. tho Haiku
hugar Company, n suit for $1500 dam
ages for trospass, Involving water
rights. W.A. Kinney appoarod f orplaln
tiff and W. O. Smith and L. J. Warren
for defendants. The trial lasted twolvo
days, and the Jury was out about three
hours, delaying tho departure of the
Claudlno that Jong last Tuesday night.
A verdict for plaintiff, for tho full sum
asked, was rendered.
i Fine Job Printing, Star Office,
Wlth Chief Justice Froar dissenting,
the Supreme Court this afternoon de
cided the famous Godfrey-ttowland
case, the "Black ond WhIJe" case,
which has been fought In tho courts
hero for many years. In Involves
about $50,000 worth of real property on
Alapal street. The suit was brought
by Frank Godfrey, as trustee for Tho
mas Metcalf, osalnst Helen Rowland.
After weeks of trial, which ended with
tho "Black and White" episode, a jury
before Judge Robinson found for the
plaintiff. An appeal was Immedlntelv
taken and It Is announced that a fur
ther nppeol will now be taken to tho
United States Supremo court.
Both the opinion of the court, 'which
Is by Hartwell, and tho dissenting opi
nion of tho chief Justice, contain re
ferences to the extreme difficulty of
the case. Tho decision refers to tho
"conlllct of Ameriran decisions" on
the points involved. It further says
that authorities are "not quite clear"
and others not satisfactory, and closes
by saying that "upon the whole" tho
court thinks the" verdict ought to stand.
Chief Justice Frear begins his dissent
ing opinion by saying that he dissents
"not without hesitation" for he rea
lizes that "much can be said on tho
other side, both In reason and on au
thority." He quotes, however, a long
LYMM TRIED TO
list of coses In which M ilndp grounds
The points ruled upon are stated in
the syllabus as follows:
"Plaintiff ns trustee for T. M. brought
ejectment for T. AI. as tho only survi
ving lawfully begotten child 'of F. M".
(1) A clergyman's entry of tho W. T.
M., shown to bo T. M was authenti
cated by proof of his handwriting, ha
being In Australla. Held: No. error.
(2) Tho wife of F. M.. having testified
for the defendant that she had two
other sons living, born aftor she had
become separated from her husband
tho plaintiff showed by her testimony)
In rebuttal non-lntercourso with hor
husband after they had become separ
ated and until his death, tho sons hav
ing boon born several years after tho
separation began. The defendant wa3
not allowked to cross-examine her con
cerning her illicit relations with tho
plalntllf. Held: Tho ovldcnco was in
admlsslblo under the rule In Goodrlght
v. Moss. Cowp. C91. which appeurs to
be law In Englnjid still and to havo
been adopted generally In the Ameri
can cases, but the evidence, and thu
refusal to allow cross-examination
were harmless In the view that tho
verdict can stand for the plaintiff oven
If the sons Goorgo and Harry, designat
ed In tho evidence of the defendant,
TORE UP TWO WHEN SEARCHED
AT THE POLICE STATION THIS
Harry Lyman Is onco moro In the
police toils with tho police making an
Investigation that may result In anoth
er charge being filed against him. He
was arrested this afternoon on the
chargo of profanity. When searched
at tho police station lio toro un to
checks on Bishop & Company's Bank,
one for $21 made out payable to him
self and .bearlnir tho slirnnturn nf "f!.
T. Rosenberg" nnd the other for $52.
nearing tno signature of "Fred Wator
house," payable to Lyman. The pollco
tried to prevent him destroying tho
checks but hp ran nliln tn tnnr thoin nn
Station Clerk Joo McKliuon pasted tho
torn naner together nml tnrnnd thnm
over to Assistant Sheriff Henry Vida
who will Inquire as to tho circumstan
ces of Lyman getting the checks.
Lyman was sentence to six months
In Jail recently for awindllnir. Ho an-
pealed tho case. His bondsmen In that
case surrendered him today.
i t t ia
SIX VACANCIES ON VARIOUS
BOARDS TO BE FILLED BY GOV-;
ERNOR'S APPOINTMENTS. . . ;
Six vacancies on various boards ot
registration, two of them on this Isl
and, aro to bo filled by Governor Carter'
in tho near future, and application!
aro being considered. In Honolulu A.
F. Judd, who went to the Philippines,
resigned and A. St. Plianaia has also
given up his seat. On Hawaii tho res
ignation Of W. II. C!. r?llnr.1oll o.i tr
K. Kekaula, now a deputy sheriff, aro
in and on Kauai W. H. Rleo hna v1n-n
cd from tho 'board.
A. F. Knudsen. It is said, win i ap
pointed to fill the vacancy on tho Kauai
'board. It Is thoucht tliflf thorn w Krt
other vacancies on various lain mla tin-
foro tho tlmo for organizing tho boards
ui worn comes.
A GOOD TONIC .
All well brewed beer, used In rentinn.
able quantities, never hurt anyone. The
lnsredlents have been used for cen
turies as tonics. You'll nppreclato the
purity and mildness In Rainier Beer.
THE SECRET OUT.
Small profits and quick sales Is the
reason I can sell Jananese nrovlslnnn
and general merchandise at lower pri
ces than any house in town. IC Yama
moto, wholesale merchant, Hotel St.,
Flno Joh Prlntlnsr. Htnr Offlc.
WE ARE NOW
Headquarters for fireworks tor
pedoes, can nistolS. ronran rannina
torpedo canes, firecrackers, flugs, etc'
Assistant bookkeeper for Plantation
Office. Apply Alexander & Baldwin.
& MATTER OF HEALTH
HAS NO SUBSTITUTE
A Croam of Tartar Powdor. J
froo from alum or phos
nOYAL BAKINQ POWDER CO,, new YORK..
The most oxtensive line, of ladies'
white canvas tlos ever shown In this
All brand new and frosh.
Evory slzo and width Is hero tor you.
Come early and got fitted.
White Canvas Bryn Mawr Wait solo
Whito Canvas Blucher Welt sola tio
Whlto Canvas Christy tio turn solo
Whito Canvas Gibson tie turn BOlo
Whito Canvas Paris Tio Pump turn,
Largo Ribbon lacos In all. Remem
ber tho masses of people buy from us.
'Phone. Main 382.