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W. H. CROSSMAN & BKO.,
shlpplnaiKl c: o m m I m I n
118 Ckambert Street. NEW YORK.
Reference Castle it Cooke and J- T. Waterhouse.
E. 0. HALL
WILLIAMS, BLANCHARD & CO.,
or A' i nrnmivvmii ti trciirtiii
No. 218 California Street,
mt,30 tf SAX FRANCISCO.
CORBITT & MACLEAY,
hipping & Commission Merchants.
13 and 15 Front St.; 10 and 12 First St., Portland, O.
.N FRANCISCO OFFICE, 202 SACRAMENTO STREET.
Cor.siirnments of Island Produce solicited, on which CASH
DVANCES WILL BE MADE. mh23 ly
A. P. EVERETT,
orrfarding& Commission Merchant
4 0. FRONT STREET, CORNER CLAY,
irticular attention paid to Consignments of Island Prr-dure
J. BECHTINGEE, M. D.
By almost cvmj arrival
From England, New York,
Boston and San Francisco.
And have on W.d, A VERT COMPLETE Av.rtm-n:
of Goods in th:r Kn-. We have just reriv 1
from MOL1XE a nw line of
(or viksja. )
PHYSICIAN TO THE ITALIAN T-. A.M)
Frncb M. B , Societies. 711 1 Sacramento Street, ror
-r of Kearny, San Fraociaco, Cal. lies.dence, south-fast
irnfr of Mason and Pacific. Jy2
WDIA RICE MILL !
IISSIOX fc. FREMONT STS., SAX FRANCISCO, CAL.
111 E INDIA RICEMILL HAVING I'NDER-g-one
Material Improvements, is now in Perfect Condition
k DRESSING OF PADDY !
In the Bit Possible Manner. The Price for Hulling and j
r-in,i of IMd Iy has been Rrdnrril 30 Per Cent, j
Cousigumouts of j
5ADDY AND HULLED RICE ! j
WHl tecive rrwnpt and Cartful Attn.llon.
WM. M. GREENWOOD,
ineral Commission Merchant and Proprietor of India Kice
Mill. 00,19 6l" "
MANUFACTURERS AND IMPORTERS
l 1 I 3- M C It I I T I O JV
Superior to anything ever offered in this Market.
TT These have been made for us from our own Patterns,
and are mnch stronger and heavier than any of the Eastern
Made Plows. There are Ten Sizes, running from No, e to 15,
and the number of the Plow indicates the number of Inches it
wfllcut. Many Planters have seen these New Plows, and
consider them JLST THE THING for this Country.
Thefifteen inch HALL STEEL. BREAKER is a
very thorough built Plow, and will accomplich all that Steel.
Wrought Iron, and the Best of Oak can do. We have left, one
heavy DOUBLE GANG I' LOW, with two of our
fourteen inch Steel Plows attached.
Spare Points, Beams and Handles for the above Plows,
constantly on hand.
Moline and Iron Ape Cultivators; Planet, Jr., Horse Hoes,
which we introduced last Summer, and which are having a
wonderful success on all the Islands.
Moline Harrows, with Steel Teeth, male extra heavy.
Horse Cultivators, running on wheels and with shafts.
Wheelbarrows. 4 sizes; Ox Yokes and Bows,
Yates' and Extra Heavy Lane's Plantation Hoes. 4 sizes, with
Pick Axes, Pick and Ax Mattocks, Grub Hoes, 2 sizes;
Bng Hoes, Hall's Kice Hoes, '1 kinds; Spades, 6 kinds;
Shovels, 4 kinds; Extra Stout Garden Hoes,
I'itch Forks, Manure Forks, Hakes.
Hall's Cane Knives, 3 patterns; made by Disston & Son;
Hall's Cane Hatchets, Collins' Matchets, 4 kinds:
Iron Handled Matchets. Horse and Mule Collars, Haioes,
Head Stalls and Keins, Trace Chains,
Double ami Single WhiDletrees, Oo's, 3 sizes;
Oo, Pick, Hoe, Ax and Sledge Handles.
Superior Tools for Ship and Honsf Carpenters,
" 44 Cooper,
Nails of all kinds.
Harness Makers' Tools &. Material of all kluds,
Shoe Makers' 44 44 44 "
California Leather of all kinds.
Frenth Calfkins, tine, :J kinds;
A tery fall assortment of Brushes,
A FEW OF THOSE
PARTIES IN HONOLULU,
or other parts of the Island,
DESIRING FURNITURE !
CAN HAVE TnEIR
Orders Filled at Lowest Rates
By application to Mr. E. P. A HA MS. Queen Street,
who bis our Descriptive Catalogue with Prices.
o nsr hTa. 1ST D !
At Store of L. YT. 1IOPP, Kliiir St.,
Black Walnut Bedroom Sets !
Black Walnut Sideboards,
Black Walnut Dining Chairs.
Oak Cane Seat Dining Chairs,
Cedar Bedroom Sets,
Pine Bureaus, &c, 4-c, 4c.
E. P. ADAMS, Agent for Haw'n Is.
Made by Negretti & Zanibra. of London, true prog
li"ti"alors of the weather.
PLATED WAKE OF THE BEST KIM),
TABLE & POCKET CUTLERY,
Manila Rope, Corn Brooms, 3 kinds; Yard Brooms,
Churns, Refrigerators, Ice Cream Freer.ers, Vises, Anvils,
A Few Keystone PORTA RLE BLOWERS for
Forges, a very fine article;
Cart and Wagon Axles of all Sizes, Carriage Springs, all sizes;
Carriage Bolts, all sizes; Axes, 3 kinds;
Hatchets, all kinds and sizes; Crowbars,
Hammers, all kinds for Carpenters, Engineers k Masons;
IRON PICKETS FOR FENCES, the neatest atid
best article ever introduced here for garden fences;
Black and Galvanized SIIEET IRON, Iron Tubs,
Iron Buckets, No. u Fence Wire, Wire Staples,
Scythes and Snaths,
A FEW MORE CASES OF THE JUSTLY
CELEBRATED NOON-DAY OIL,
(By many who have used it.) considered fully equal to
Downer's best, and which we sell cheaper.
Expected in a Few "Weeks from Boston,
A NEW SUPPLY OF
WARRANTED GEN CINE.
EPPS'S COCOA !
Hy a thorough knowledge of the natural laws which gov
ern the operations of digestion and nutrition, anil by a careful
application of the fine properties of well-selected cocoa. Mr.
Fpps has provided our breakfast tables with a delicately
flavoured beverage which may save us many heavy doctors'
bills. It is by the judicious use of such articles of diet that a
constitution may be gradually built up until strong enough to
resist every tendency to disease. Hundreds of subtle mala
dies arc floating around us ready to attack wherever there is a
weak point. We may escape many a fatal shaft by keeping
ourselves well fortified with pure blood and a properly nour
ished frame." See Article in the Civil Service Gazette.
Made simply with boiling water or milk.
Sold only in rackets and Tins, tb and lib, labelled :
JAMES EPPS & CO.,
49, THRKiDSEEDLB Strkkt, and 170, PlCCAPILLT
Works, Ecstox Road and Camden Tows,
ael Los DOS. Iy
Let the Galled Jade Wince !
A TRIAL is theONLY TEST !
GREAT REDUCTION IN PRICE !
American, Cold A: Silver
A FINE ASSORTMENT OF
COOK STUB HI HH
And a fuller assortment soon to come.
By the Martha Davis fm. Boston,
The Mystic Belle from New York,
And the Iolani from Europe,
Wo :mo Expecting
A VERY FULL ASSORTMENT OF
Huhbuck's Zinc Paint, three qualities;
llubbuck's White Lead, three qualities;
Hubbuck's Raw and Boiled Linseed Oil,
llubbuck's Assorted Dry Paints, in cask.-?.
ALSO, CASKS OF CHAINS,
1-4, 5-1G, 3-S, 7-16, and 1-2 inch,
! Xj T E JS T 23 u :
All of the above, and many other articles not mentioned
h.re, will he sold cheap by
E. O. HALL &. SON,
Fire. proof Store, corner Fort and King Sts.
VATC H ES, WATC H ES,
A Fine Hunting Case Waltham Silver Watch for (i
u b 2(j
.4 .4 M
Gold Watch for 71
k' " n . $Q
. . 44 44
Ladies' Gold Watch, oO
All f (he abave linra of Elgin nnil Wnllhnm
Wntche, will be Mid at the above
Prirra for Ike next GO day.
Every Watch Gaaraaired, or the .Money
Truth is Mighty and
M. MelXERM ,
Sole Agent for the Waltham
jj2i Watch Co.
LO R ILLAE D'S
(The Best ia the World.)
LIGHT PRESS (Natural Leaf),
FINE CUT CHEWING,
.4 r :.;L!..- ' .
. yftnn f
- U "l 1m
And Oralrr in All Kiud of
FURNITURE, BEDDING !
&c, 4c, ic,
Work Shap on aaana St., above Holiister's Storr.
On hand, & for Sale Cheap,
Chinese Long Chairs. Dining Chairs,
Lounges, Bedsteadn, koa and nor' west pine;
Mattresses, all kinds; Bureaus, Tables, &c.
KOA AND PINE COFFINS !
Full Line of Many Other Articles
Too Numerous to Mention.
BEST CURLY KOA BOARDS !
AUTays on Hand.
apl3 3m AHI. 65 Si. IP Xuuanu St.
"KO HAWAII PAE AINA,"
riMlEXEW HAWAIIAN JOURNAL, UNDER
M the management of the Undersigned, who for ihe
past twelve years has had the charge of the Kuokoa, has a
WEEKLY CIRCULATION OF 3,300 COPIES
And is steadily increasing. As an advertising medium, it has
ao equal ou the HawiUaa Islands. TT Advertisements
translated tree of charge. Ofl5.ce, C-s?ette Printing Boom.
JOSEPH jTJ. KAWAJNUI,
ap6 3m Proprietor and ditaf .
. .... PKOPRI.-VrOR
(Kflmmcrrial lbbcr tiscr.
S.4 T UJi DAY, JULY 6.
SUPREME COURT OF THE HAWAIIAN
ISLANDS APRIL TERM, 1878.
C. Van Dtck IIlbbaed
Harris, C. J., J cdd and McCcllt, J. J.
Opinion by Harris, C. J.
Tbia is entiled an action of Trover ia which it
I was alleged that the defendant had converted to
his own use a packet of diamonds, consisting of
! three 6tuds. one ring and other articles, of the
value in the whole of $2,500.
At the hearing the following statement was
made by counsel for the plaintiff : That al
though in the declaration, the sum claimed was
$2,500, from the testimony taken in the morn
ing (at the bedside of Mr. Christie, then very
sick) to be used at the trial, he could only claim
the sum of $000.
The plaintiff put in the evidence of Mr. Chris
tie, which is as follows : " I left three diamond
studs with Henry Macfarlane; they were shirt
studs. About the 11th of November I left them
with him; they were left to secure Mr. Macfar
lane on a draft of about $575. I don't recollect
whether I addressed the box to myself or to Mr.
Hubbard; they were to have been forwarded to
Mr. Hubbard lor me, and no one else. I don't
recollect at the time the diamonds were left
with Mr. Macfarlane whether Mr. Hubbard was
in debt to me. He had owed me. I received
the diamonds myself afterwards from Mr. Mac
farlane. Mr. Hubbard did not know anything
about the arrangement at tne time. 1 never
conveved the diamonds to Hubbard.
leaving for Japan I spent some time in San
Francisco and received more money from Mr.
Hubbard, and whether I gave him my note or
ward the packase to you through Wells, Fargo &
Co. s Express. iaitliluiiy yours,
It appears from the testimony that the plaiatilf
paid the draft ; that the defendant kept the dia
monds in Honolulu, and finally delivered them to
Mr. Christie, shortly after his return to this king
dom, about January, 1877. It is claimed, on the
part o! the plaintiff, that the defendant is pre
cluded from showing that the subject matter of
the action (the three diamond studs) was deposited
with him for a different purpose than that stated in
the letter above quoted, contending for the rule of
law that " where one by his words or conduct will
fully causes another to believe the existence of a
state of things, and induces him to act on that be
lief so as to alter his previous position, the former
is concluded from averring against the other a dif
ferent state of thing3 as existing at the same time.''
(Pickard vs. Sears, 6 Ad. & El., 469.)
This iule of law is not controverted by the de
fendant, but it is said (1) that the letter is not a
statement sufficiently explicit and clear to induce
plaintiff to believe that defendant held the dia
monds as security for him (plaintiff); and (2) that
the other facts in evidence rebut the idea that
plaintiff acted upon the statement in the letter in
paying the draft.
The essential ingredients of an estoppel by con
duct or in pals are laid down as follows by this
Court, in Kauiohai vs. Kahele, 3 Hawaiian. 530 :
In order to an estoppel by conduct, there must
have been a representation, or concealment, of
material facts, kuown by the party to exist, and
with the intention of inducing a party ignorant of
the facte to act upon the representations."
.... 1 i a. I
The representation iu this case was maue uy iLe
nartv who had endorsed the draft to the party on
whom it was drawn.
The representation made by defendant to plaia
tiff was : I have taken his draft on you for $57j,
and hold as security his diamonds, which are
sealed up and addressed to you ; and as soon is
Importers and Dealers in
any other evidence of my indebtedness to him, 1
don't remember. Cross-examination by
'I presume the draft waB paid by Mr. Hubbard,
as it never was presented to me; it was my' own
draft endorsed by Mr. Macfarlane. I value the
6tuds at $1,300 but I would not sell them at
$1500;" and likewise a letter (from defendant to
plaintiff), which, as far as it concerns this case
is as follows :
"To business now Chris, having been pushed
for a little money on his departure, I have taken
his draft on you for $575, and hold as security
his diamonds, which are sealed up and addressed
to you, and as soon a9 the draft is paid, 1 will
forward the package to you through Wells,
Fargo & Co.'s Express. "
The defendant himself took the Btand and tes
tified that he never had any conversation with
the plaintiff relative to diamonds. Christie told
me that Hubbard was indebted to him, and he
left the package with me. Hubbard never
claimed the diamonds of me until this suit. I
returned the diamonds to Christie a year ago in
January. John II. Paty, of Bishop & Co., stated
that on the 11th of November, which is the day
before the date of the letter above mentioned, he
gave up to Christie, a mortgage of the plaintiff's
in favor of Christie on some property in Oak
land, California, which had been left at their
bank (Bishop & Co.'s), as a collateral security
for the payment of Christie's note of $1,500,
which note had been paid by Christie. This
ended the case, and counsel for plaintiff requested
the Court to direct the jury that the letter above
quoted was conclusive as evidence between the
plaintiff and the defendant; that the diamonds
were held by the defendant aa a security for
the plaintiff; which the Court refused to do,
but instructed the jury that the letter was evi
dence for them to weigh.
To this refusal of the Court exception wa6
Now it will be noticed that there is a variation
between the complaint and the proofs adduced by
the plaintiff himself. In hia complaint he pro
ceeds on the principle and on the allegation that
the diamonds are the plaintiff's. In his motion
for instructions to the jury, he avers that they
were only held as a security to indemnify a draft
of $575. In his opening to the jury he claims
that he found from evidence taken this morning
(that of Mr. Christie) that he could only claim
$000, instead of the $2,500 alleged in the com
plaint, and yet the letter, the subject of con
templation, says, " I have taken his (Christie's)
draft on you for $575." Now, he could have
discovered before that morning that he was only
entitled to $600, unless he had altered his mind
regarding the nature of the claim. It would
appear as though, in the first place, he con
sidered that he was entitled to the diamonds at
any rate, or to their full value, and afterward
adopted the theory that he only wa3 entitled to
them as security lor the payment of the draft ;
so it follows that the letter was not so conclusive
to the mind of the plaintiff himself as to enable
him to form the proper conclusions without tes
timony ; and further still, there is no declaration
made upon the draft whatsoever, and although at
the trial it was admitted that the plaintiff had
paid the draft, and it was not proved nor at
tempted to be proved, nor admitted that the
plaintiff had been damnified by the payment of
the draft, it was perfectly competent for defend
ant to try to prove that he paid it from funds in
hand of Christie's. The words of the letter re
lied upon are these, I have taken his draft on
you for $575 and holds a security his diamonds,
which are sealed up and addressed to you, and as
soon as the draft ia paid I will forward the pack
age to you." Now, it will be observed that he
docs not 6ay that ho hejd them as eccurity to
plaintiff, and be offered to prove that the plaintiff
did not regard it so ; which he did, first , by the
evidence of Mr. Christie, introduced by the plain
tiff himself, in which he says they were left to
secure Mr. Macfarlane, and that the diamonds
were to be forwarded to Mr. Hubbard for me
(Christie) , and for no one else ; and the defend
ant supports that evidence by showing that, at
the time of writing the letter, the plaintiff owed
Mr. Christie more than $1,500, and did not pay
the draft relying on the diamonds ; and lastly,
that though the draft was paiJ in due course, the
plaintiff never called for the diamonds, but that
they remained with the defendant until Mr.
Christie returned here twenty-6ix months after
ward, when they were delivered to him ; and that,
in point of fact, the plaintiff never demanded
the diamonds or said anything about them to the
defendant from the day of the date of the letter,
12th November, 1874, to the date of the com
mencement of this suit, 15th December, 1877
more than three years. Now, therefore, inas
much as the letter does not state that the defend
ant hell the diamonds as security for Hubbard,
it was for the jury to determine what thp force of
the letter was, and whether the plaintiff had been
misguided and had suffered loss by it in the pay
ment of the draft : and it waa right that they
should weigh all the circumstances in order to
arrive at a proper conclusion. So that the letter,
as well as all the other evidence in the case, waa
properly left to the jury to consider.
The exceptions are overruled.
Cn.s. C. Harris,
Justice of the Supreme Court.
E. Preston, counsel for the plaintiff.
J. M. Davidson and Cecil Brown, for the defendant.
DISSENTING OPINION OF 1!R. JUSTICE JUDD.
This is an action of Trover to recover the sum
of $2,500, the alleged value of some diamonda
claimed to be the property of the plaintiff.
The bill of exceptions is as follows t
" It was admitted at the trial that the plain
tiff could recover only for three diamond studs,
and it was agreed that their value waa $600,
for which sum the plaintiff should take a verdict
if the Jury found iu his favor.
" The plaintiff, as a part of his case, put in
evidence a letter to him from the defendant,
which is now on file, and other evidence was in
troduced by the plaintiff.
The defendant also introduced evidence after
the refusal of the Court to grant a nonsuit. The
plaintiff requested the presiding Judge to direct
Tljat t.be letter (Exhibit A) ia conclusive be
tween the plaintiff and th3 defendant, that the
diamonds were held by the defendant as security
in favor of the plaintiff."
Which direction the Court declined to give
in terms ; but the jury were directed that the
letter was evidence.
To which refusal to direct the Jury the plain
tiff duly excepted. The letter referred to is as
Honolulu, Nov. 12tb, 1874.
." tiy lzt Hubtan., This st-anier takes over
cur ji -.. I .V:.r.-4 pltu fMr i'hri-i:s).
the draft is paid I will forward the package to you
througa Wells, Fareo & Co.'s Express." It must
be remembered that this was the letter advising
the drawing of the draft, and was addressed to the
person upon whom it was drawn, and who the de-
Ti..fVr i t'endant expected would pay it. Defendant says
uu uriu iut; uiauiunus us cluuh;, iiv.cMjiuj, .vi
whom, but in this connection they may fa.rly
mean as security for himself, for his own endorse
ment of the dralt. But why did he say that the
diamonds were " sealed up and addressed toyoi "
(the plaintiff), and that he would send them to him
as soon as the draft was paid, . unless to induce
plaintiff to pay the draft, and thus relieve defend
ant of his endorsement? If the diamonds were to
be sent to plaintiff merely as the friend of the
owner, Christie, and to be passed over, to him by
the plaintiff, then the writer of the letter was
bound so to represent it to the plaintiff.
The defendant knew the real facts of the case,
and the plaintiff was ignorant of them, for from all
that appears, the only knowledge he had of tLem
was from the letter advising the draft.
It seems to me that facts so important to the
drawer of a draft, that some diamonds were held
by the person who had endorsed the draft or
' taken'' it. as he says sealed up and addrejsed
to him, with a promise that he would forvard
them to him by express as soon a3 he paid the
draft, were made, not as a mere item ofinlli
gence without special significance, but with tie in
tention that the plaiutitf should act upon this infor
mation and pay the draft. But it is said that as
the evidence shows that plaintiff had previmsly
mortgaged some property in California t Mr.
Christie, which mortgage had been used by lim as
collateral at the bank tor a loan of $1,501, this
must be admited as evidence to show that when
plaintiff paid the draft he did so because he owed
the amount of the mortgage to Mr. C, and was not
induced to do so on the representation of Macfar
lane that he would send the diamonds to aim as
soon as the draft wa. paid.
But the mortgagor of land is not bound ti honor
the drafts of his mortgagee. We have no proof of
the amount of the mortgage, or whether it was
due, or especially whether'plaintiff then knew that
it was still in Christie's hands, so that he could be
assured that the amouut of the draft, if he paid it,
would be endorsed as a payment on account of
We do not know whether Mr. Christie uay not
have drawn other drafts on plaintiff, and ve have
Mr. Christitrs own statement that he die1 uot re
member (being extremely feeble from mirtal dis
ease) whether at the date of the draft Hubbard
was owing him or not, but that he had oved him,
and that when in San Francisco he had received
more money from him.
It is certain that Macfarlaue did not take the
mortgage as security for his endorsemuit of the
But as this letter of the defendant works an
estoppel, it precludes him from showing a state of
things inconsistent from those represented in the
letter lo be true. If it be true that Macfarlane
held the diamonds merely for his owl security,
and it was intended that he should pass them over
to Christie himself, or to Hubbard for Christie, he
is precluded from showing it now, for f he made
the representation to llubbard, and Hubbard
acted upon it, he must make it good, if he knew it
to be lalse.
In Stonard vs. Diinkin, 2 Campb. 34-?, the plain
tiff gave in evidence an order lrom Kiight to de
fendants, who are warehousemen, to hold the malt
on the plaintiff's account, a written acknowledg
ment from the defendants that they held it on the
plaintiff's account, and that he had advanced
7.500 to Knight, for which the malt was to be a
security. Lord L'llenborough said, ' Whatever
the rule may be between the buyer and seller, it is
clear the deiendanta cannot say to ihe plaintiff,
The malt is not yours.' alter acknowledging to
hold it on his account. By so doing, they attorned
to him, and I should entirely overset the security
of mercantile dealings were I now 'O suffer them
to contest his title."
By a parity of reasouimg, it is nit now compe
tent for Macfarlane to say tnat he did not intend
to send the diamonds to llubbard vhen he should
pay the draft.
So, in Knight vs. Wiffen, 5 Law R. 2 B. CC0, the
defendant had stated to a station-mister that a
transfer of barley (his property) to a purchaser
was ' all right," and that he wou'd deliver it
when the staiion-master got the forwirding order,
Lush. J., said : I also think the pontiff is en
titled to judgment on this short and intelligible
ground, supported by sound reason and all the
authorities, that the defendant, by That he said
to the station-master, assented to thetransfer, and
induced the plaintiff to belieye that h would hold
the barley to his order.
It is said, however, that Macfarlane did not
iend Hubbard to act upon the representation in
the letter that he had the diamonds sealed and ad
dressed to him, and that be wouldsend them to
him when the draft was paid. But ii Freeman vs.
Cooke, 2 Exch. C54, Parke B., in corrmenting upon
the rule in Pickard vs. Sears, says : By the term
willfully, however, in that rule, must under
stand, if not that the party represei ts that to r
true which he knows to be untrue, a; least that he
means nis representation to be acted upon,
and that it is acted upon accoxlingly ; and
if, whatever a man's real intention nay be, he so
conducted himself that a reasonable man would
take the representation to be true, aad believe that
it was meant tnat he should act upin it, and did
act upon it as true, the party mal.mg the repre
sentation would be equally precluded from con
testing its truth."
It seems to me that a reasonable man would
nave been induced to believe thit the representa
tion that the diamond were In iefendant's bands,
sealed and addressed to plaintiff, and that they
would be sent to blm by express as soon as the
draft was paid, was made with the intention that
he should believe that the dianonds were to be
sent in order that plaintiff mighi have them as se
curity lor his payment ot the drift, and that it was
intended that he should act uion this assurance
and pay the draft
Whether the acts or admissiots shall operate by
way of estoppel or not where toe facta themselves
are not controverted, is a raster of law for the
Court to determine.
This estoppel, if created at 11, was created by
the letter, and its construction properly is a ques
tion of law for the Court. (.Hse Kamobai vs. Ka
hele, above quoted, and Manng vs. Cogan, 49 N.
In my opinion, therefore, tie presiding Justice
should have charged the Ju y that the letter of
defendant precluded him fiom showing that he
held the diamonds for any oiler purpose than, first,
as security for hjs own endosement, and then as
security for the drawer of thi draft, the plaintiff.
This would, of course, not pvent the introduc
tion of evidence sustaining ttc defense of payment.
I think, too. that trover wjs the proper form for
this action, for trover lies wlere the plaintiff has
a special property in tbechatel, and be may main
tain it even against the gene al owner if he wrong
fully deprives him of his posiession. (3 Greenleaf
Evidence. S. C3C et seq.) flaintiff had" a right to
the possession of the diaraords from defendant, in
order that he might realise ipon them to reimburse
himself for paying the draft; and the passing them
over to the owner, and not t plaintiff, was a con
version. For these reasons I am obliged to dissent from
the opinion of my learned brethren, and to hold
that the exceptions should le sustained.
A. Francis JrDD,
Jistioe Supreme Court.
Honolulu. May 4th. !$.
OK ALL KINDS.
It has often been remarked that the latter
years of the current century have not been pro
lific of great inventions, and that the most active
scientific and mechanical minds have been
devoted rather to improving and perfecting past
discoveries than to original research. Within
the last year, however, the discovery of the tele
phone seems to mark a new epoch" and to open
up an entirely fresh field in the rejrion of acous- i
tics by which time and space may be practically
annihilated in the dealings of men with each
other. Closely following upon the invention
of the telephone and phonograph cornea the an
nouncement of the discovery of a third instru
ment called by its inventor, Professor Hughes,
tne micropnone, wnich supplements the others.
Aa in the case of the phonograph, the idea of
which came suddenly to Mr. Edison while expe
rimenting with the telephone, so with the micro
phone. Professor Hughes waa engaged in Borne
acoustic experiments when he accidentally found
a method by which the power of the telephone
might be indefinitely increased and sounds re
ported which were previously quite inaudible to
the human ear. In a paper read before the
Royal Society of London he describes at length
the modus operandi of hia apparatua by means of
which sound ia so magnified that, as it ia de
scribed, " a touch of the finger on the vibrating
plate waa conducted to the speaking end in a
volume of vibration like the rustle of a forest ;
the stroking of a camel's hair brush on a card
waa magnified into the sound of a loud whisper ;
tne Deating ot a pulse or the tick of a watch
was found to pass with perfect clearness through
a resistance representing a hundred miles of
space; and, when a fly happened to walkover
the plate, the tramp of its feet was most distinct
ly caught like that of some six-legged horse trot
ting, and it waa, moreover, heard to trumpet
from ita raised proboscis like an elephant in an
The principle of the instrument consists in
interrupting the telephonic circuit with a finely
divided conducting material, and for this purpose
the Professor inserts a ' transmitter " in the
shape of a stick of charcoal, infiltrated with
mercury, in extremely minute but continuous
particles. In the infancy of the invention it is
impossible to foresee the results which may be
obtained from it. A new world of sound is
opened to our ears, just as anew world of minute
particlea waa opened to our eyca by the micro
scope, and it ia worthy of note that Professor
Hughes, in the proudest spirit of scientific useful
ness, throws open the result of his labor to the
world. " I do not," said he, intend to take
out a patent, aa the facts 1 have mentioned belong
more to the domain of discovery than of inven
tion. No doubt inventors will ere long improve
on the form and materials I have employed. I
have already my reward in the distinction of sub
mitting my researches to the Royal Society."
A New Issue in Europe.
A new question for the consideration of the
Berlin Congress of Powera haa sprung out of
the last attempt to assassinate the German Em
peror. The Crown Prince of Prussia and his
Cabinet are reported aa favoring the introduction
into the Comrresa of debate on the means to bud-
pres8 Socialism. The suggestion ia not unlikely rjrrpAT T TP oriri ntfiov PAI1MTQ I
to be unproved by a majority of the represents- lfli 1 ilLiLlU aDQ Oilier r iUil L O ,
tives, inasmuch aa the evil ia not at all confined
to Germany, but is as rank in France and Russia,
and not less dreaded in Italy and Austria. What
form of repression may be agreed upon should
the Congress entertain the issue, cannot be fore
cast. But there ia no doubt that the heaviest
blow will be dealt against tho press and all man
ner of secret political societies; and this, so far
as Germany, Russia and Austria are concerned,
whether the Congress 6hall agree to it or not.
There can, however, be no agreement of the
Powers to be represented in the Congress on any
thing like another Holy Alliance. The represen
tatives of France and England dare not commit
their governments to that extent against any
form of popular opposition to kingcraft and
standing armies, whether it be called Socialism,
Communism, Democracy or what not. Some
thing, however, must be done, and done prompt
ly, too, on the part of Germany, Russia and
Austria, or each nation will find use for its
soldiers to keep the peace at home, without a
man to spare for foreign wars and dynastic en
terprises. How far the respective armies are
affected by the powerful and popular sentiment
that impelled Iloeffncr and Nobeling to attempt
the life of Emperor William is not known, or at
least not given out by the press. But, since it
manifestly ia a popular sentiment, both from the
tone of the press and the character of the German
Parliament, it is reasonable to conclude that the
German, if not also the Russian, Austrian and
Italian armies, are in danger of corruption by it.
Every man in Germany ia compelled to be a
soldier part of bis life. If half or two-thirds of
the people are convinced that the standing army
ia a standing evil, and that the monarchy and the
aristocracy are ita main pillars, it follows that
they will carry these sentiments with them into
the army itself, and sooner or later produce
about the same contempt for discipline which the
French armies manifested in the first revolution
when the King's officers commanded them to fire
on the mobs of Paris.
The introduction of the issue suggested by the
Regent of Germany into the Berlin Congress
would, if entertained, become a very powerful
argument in favor of peace between Russia and
England. For it is a bad time to engage in a
great foreign war when sovereigns are in mortal
dread of their own subjects and distrustful of the
complete loyalty of their own armies. & f.
Comprising all the usual Stock Sizes in
TIMBER, PLANK, BOARDS,
FENCING and PICKETS.
ALSO ON HAND :
A Most Complete Stock of
Scantling ; Plank, surfaced and rough;
Boards, surfaced and rough; Batten ,
Pickets, Rustic, Lattice, Clapboards.
ALSO. IN STOCK.
A Fine Asst. of WALL PAPER,
BOLTS, SCREWS, &c, &c.
PAINT & WHITE WASH BRUSHES !
CO A I,
DOORS, SASH, BLINDS
OF CALIFORNIA AMI F.ASTF.RN
MAKE, ALL SIZES.
For Sale in Quantities to Suit
The Baker & Confectioner
Has BtmoTfd from his Old Stand to Xf w and
NEATLY FITTED UP QUARTERS,
Directly opposite hn old plarp, ani is noir prepared to Pup-
Best of Bread fresh every day
AMERICAN, FRENCH & GERMAN
The Challenge Standard
Portrait and Landscipe Photography.
rfllllE UNDERSIGNED HAVING NOW ALL
M- the apparatus and conTenieices for traveling, ia prepared
to viait any part of the island and do either portraits or
views to order at ahort notice. First-class work only will be
done. Terms cash, or draft on Honolulu, when lie negatives
are made. Address,
joli H. h. CHASE. Annotate.
Made at the shortest notice and in any quantity. Also,
Candies of Home Manufacture,
nmca ne warrant free frnt all poiaoaona rfrea
and which he will sell at San Frnaeioe Frlrea, the
1'""- urlru uig me uuiy oi za per rrnt.
... " uuru up, in connection with Ins
uasery ana vomecuonery. an
ICE CREAIU SALOON,
FOR LAD IKS AND GENTLEMEN,
All creams being made from the test of Cu-tards and told at
umia ICS13 A ULASS.
Soda Water and Ginger
BEER ALWAYS ON II AND.
ET SPECIAL NOTICE. CAKES
DINGS AND PARTIES
Ornamented in tho highest stylo
Ho ! All yc hi vnnt of
l.ood Mi of fiollio:
WELL .MA UK A M OF
GIVE ATTKMiOV TO Till: Fol.l.d WINU
rpiIE (rNDEHSIGNKD WOI L nUi
m. ittt 11U117 iiii"rrn in. oi i mcri'l" UII'I riMloinrr. f ii
nolulu and the other Iland. that hei mw pi parM loi.ff,., ,
tflBGEST FINEST ST0C1
J-ver li-f,re laid .loan in tl.ls uisrLf', rmiiliiiK in
Hlt i :
l liifsl WM of i:iigliit! nnd C.riinau Ida. I,
MUt T AMI Miliu m,
Hum Um of l oKianj K ,iman ;j(k k
DOESKINS, STOUT AND MEDIUM
A Sulrsitlial tHoiimrui
VERY FINE DIAGONALS
Hlack. lilu.-an,l llrown, all I'Bttrnii and I-'ij-ut.;
English Blue Twill
Puitiil.l.- 1 r Mont Itnaine.. Nulla,
Or Summer t'lotli. in tarioii ati'rpp.
. ire, aln tit. Lliclil w rig In
A VERV LAIM.r. I.IVK or
English, Scotch and German
and ff Various Patterns nnd C'olur, Kxtta II
Medium, and l.iKht-well.i.
.Also, tx few !I?io
CELEBRATED OREGON f
STOTTT AONTXJ TVXX3IDI
Handiome Check mid I'luiJ I'u( t t tii.
SAN FRANCISCO .MISSION M
A Very Durable A I llele.
BEDFORD & WINDSOR C
In Oreat Variety of J'atlerns nnd Color
Also, that very Popular j
llrown, Iironze and Drab Colors The alvc
is a great favorite with Pto'kliieii ti .Un
IT NEVER WEARS
WHITE AND BROWN COT
O O T 1 IT 3 O
WIIiK AMI NAISKOW III II MM)
hli.ut, M' lliuin iiti.l l, rl.t i
WHITE I M I'EIC I t L
Hon l and Mi
i No. I A r
WIIITK AND liKOWN I.IM.N Hllll.l.
M hite. Colored and Fiuured M A It H hi l.l.hC
iiLACKfii.K & mu kh) vkmtim;. i
It LACK MI.K VM.VC.T, a Very rhoir
nnd .Nil ml L'nil
Consisting nriW Wark and Colored ITA LI
FhK.JIO.VW MLKMAP, llullotis, hewini'
MOHAIK 1!1NIIM.)., plain and figured.
Naval & Military Buttons & E
Constantly on liand, and
making up of Military
The Undernipned Is prepared lo msnufm t
flood into hty Hnti nnrt t'ariionitll Oarnimu
LOWEST LIVING I'RICES. or t-
by the yard or pic, at a reasmatl Al ANM
CT Hood Workmen employed, and Nice fit
Orders from the other Inlands promptly attend
Merchant Tailor, Kaahiimanu rUreet,
nearly opposite limhop Co.'s N
ap27 8m Honolulu, Il'twai)
of tho art.
THE OLD CORIVTER
BY THE UNDER
MILL in the Wcjld, s.nl when material used, Pi
Workmanship aod Durability are considered, it is acki
enjeu to do the
CHEAPEST WIMIIL M H USE
We are the ONLY Manufacturers in the World of
THE DOUBLE-HEADER WINDMILL
For power purposes, such aa running Custom
Grist "ilia and Feed Mills.
ALWAYS VICTORIOUS AT FAIRS
And Practical Tests.
THE ABOVE MILLS, IN VARIOUS SIZES,
Tar Irrigation and Pa raping Water for
Stock Farms or Family isf,
XT Two of the latter are now here aad oao Ve effea Cfl ap
plication to the undersigned.
For further particulars, addresi
Coffee and Billiard Saloon,
Half Barrels C. R. Sa
F.X'IKA NO. ,
BARRELS C. R. SAL
HRIRIlT R ED,
CllALLENOK MILL CO..
Batavia, III., V. S.
Or JAMES S. LEMON.
Honolulu, II. I.
TOBACCO & U STORE!
ESTABLISIHED IN 1858,
OrFKR8 FOR BALE A FINE ASSORTMENT OK
Bbls. F. R, Salr
EXTRA DARK RED. A Lf
-A- GOOD QTJ-AlLI
. ao tt
THE MAKAI STORE AND ROOM OVER,
head in the new fire-proof buildinr, corner vT Fort and
W ill be rented separately if desired
Apply to C. BRKWi.ll 4r CO.
200 Coils Best New Bedford Cordage,
ASSORTED SIZES. FROM 1 1-2 INCH TO
4i inch. (uiyS) For Sale by BuLLfcS A Co.
Light and Hard Preised
NATURAL LEAF TOBACCO,
Fine Cut Chewing Tobaceo
Per bark R. C. Wylie fm. Bremen AN ASSL 0F CUT mm TOBACCO
"1 T AHUIIIUCUT, Ql
BSIAB WOOD AND OTHER pipes j
Tobacco Poaches, pjp, gt,
Am her and Horn Mouth Pieces
r;pe notions, Uigarett Paper, ele
H. J, NOLTK.
Corner of Qu., sJ Noaa gu
FOR PLANTATION USt
ajU3m E. C. Mrr Ajni rS
i ., fc '
PRESERVED CORNED BEEF!
PRESERVED II A MS. PR ESER VF
Tongues, in two pound rans.
wr fitle l.y l'Ol.l.l
25 IRON STOCK ANCHORS, sizes from 80 up to 2,300 lot
SMALL CHUN, in quantities to suit, sizes Inch (9
9-16 of an inch,
CHAIN CAliLES, & 8, 3-4. 7-8. 1, H-4, 1 J-j;, 4D(j
inch. For tals lof by
BOLLES k CO.
BISHOP & CO., BANKERS,
ONE HUNDRED AND FIFTT BEST NEW
Bedford Anli Oars sizes from 10 to 22 feet.
ny6 For gale by BOLLES Co.
Uo x o i. v L t:.
till 1 w
CUBE AND GRANULATED SUGAR,
FOR SALE BY
n- v .
r ..m -l0. Cigars, :
;iOM Gktne llEK.s
fr ji." tan r rvr.c.seo.
'.? i. i.a Jiare fex'-a Fair:! Mocr.
ijcideu tia'e B'.r'j K"i,
.itiur. io Flcur.
fVjS fr i - 'y fc'JU. CO
Oowing Boilers. Steam Pipes, &c.
'tc TOE BAXK OF fUIIOEMA. SiS I Kl's
lit) TtlKia 4I.KNTS I"
TIIK ORIKVTAI. BUR (OttPORATIO. i,fJ''U
SAVES frn , rSTm Kl.K,
SKI) THf ia Ulti KCHr IS
S) T. and
ita i 4r '
Anil Tr.n.si I a G.-nrral Hankiny Itcj.n 'I
'8 'i f-
r?r!3UEC TO 57.50
CASES C0RU STARCH,
ASKS LA ROX I'OKV. jl7Tr..
A .1 1 '.
HP, rmnauira. Joaiato hi-V-limi. (Jerkin
.fa and half callon Jr, Clums, Utters. K
! Ur H' rr ail" l.y '
in ' '
., ti .f"