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Watches and Jewelry
AM. KIMXS Ol' JKtt'KI.RY
maim: to okdi:r AT
JAS. M SHAMANS, the well
known watchmaker Is tu ho found
here, mill will turn out nil work in
tip-to ilatc manner Al.l. WORK
Opposite l'encock V Co . - IIII.O
HILO MARKET GO.,
Telephone No. 39.
Bridok St. - H11.0, II. I
Front St., H11.0, H. I
Choice Cuts of
POULTRY of all Kinds
FRESH ISLAND BUTTER
Makes Finest Bread.
Fresh Rolls and Buns
always o hand : : :
Ice Cream for families
Wedding and Party Calics a
Direct Line between SAN FRANCISCO
Hark St. L'atliut'liie,
Hark Amy Turner,
Ifark Martini Datls,
Capt. Warland ,
Capt. McAllman '
For freight and passage apply to
WELCH & CO., Agents, San Francisco
C. BREWER & CO., Ltd., Agents,
H, Hackfcld &Co., Ltd.
Stone Mason and trick Layer
is ready to take contracts for work
in any part of the Island
a Specialty. . .
Hilo, - - - Hawaii
PACIFIC TRANSFER CO.
Handle and Store JJACKJAUE
120 KING ST. HONOLULU
l'houe, Main 58
LAA 4.4L1 fc Lul.LfcA.ik ik.Lli tAA iLllf
FIRST BANK OF HILO
Incorporated Umler the l.ns of the
Territory of I Inwaii.
l'EACOCK BLOCK, HILO.
I' I'HCK I'mlileiil.
C. C KHNNIUW . .. .Vice Irn.
JOHN T. M01K..HU1 Vlcel'rn.
C. A. STOMK Cashier.
A. I. SUTTON Secretary.
J.B.Conarlu, Julm J. ('.race,
I'. S. t.)inin, l. V. Kitten,
Wm. I'lillar. W. II slilpimin.
Uruw lSxcliunue on
I Honolulu -The ll.mk of Hnuiili, Ltd.
San 1'kancisco Wells Fargo & Cu.ll.111k
J Nuw Yokk Wells Furgo & Co'o Hank.
London Glynn, Mills, Curriu & Co.
! Hongkong nml Shanghai Hanking Cor
j ponition: Hongkong, China; Slmng
I liai.China; Yokohatu.i, Japan; Hiogo,
Solicits the accounts of firms, corpora -
tiotis, trusts, iudi iduals, mid w ill prompt
ly and carefully attend to all business con
nected with hanking entrusted to it.
Sells and purchases Foreign Exchange,
iss ics Letters of Credit.
SAFE DEPOSIT BOXES,
Rented by the Month or Year. Par
ticulars on Application.
We h.'tve added a 'Starr
Oval and Circle Machine
to our Framing Depart
ment ... Over one hundred
styles of Moulding con
stantly carried in stock
Wall, Nichols Co.
Matson Navigation Go.
The only Direct Line between San Fran-
cisco aud Hilo, Comprising the
following Fast Sailers
Bark ANNIE JOHNSON
Bark RODERICK DHU
Bark MARION CHILCOTT
l Ship FALLS OF CLYDE
Tui; CHAS. COUNSELMAN
J Launch LURLINE
ncl other Specially Chartered vessels
I makes this trip with at least one or these
1 boats each mouth, carrying both Freight
I aud Passengers.
For dates of sailing and terms,
J no. L). Sprecliels & Bros. Co,
327 Market St., San Francisco.
R. T. GUARD, Agent,
Uncle Sam's Cigar Store
HILO, - - - HAWAII
ROBERT INNES LILLIE
Kxporter of Island Produce.
Hooks Kept aud Auilitul.
R'jiuii 1, Spreckels' lllock, - II1I0
THIS WmSKT.V HILQ TRIHUNH, HILO,
CM.NH'I ITUTIO.VU, NIOIII.KM.
hninv ruiiiMlimnil Tor Mlsilciiicanor
Honolulu, September 17. Heforc
Judge Gear at to o'clock this morn-
ing, Deputy Attorney General
S. District Attorney
V. M. Brooks, V. T.
Rawlins, J. W. Cathcart and several
other attorneys interested, gathered
to argue the question of the convic
tion of persons charged with crimes
IMiiiiiiiuuiu as iiiiiuiiuus crimes wiin-
out a grand jury indictment, a con -
stitutioual question which, as prcvi-
otisly reported, has arisen in the
. ..f lf 11' . 1
case of Wa Sin, charged with sell
ing poisonous drugs without a lic
ense and in other cases, and affects
many cases on the criminal calendar
Judge Robinson sat with Judge
Gear. Hreckons opened, presenting
I "The contention in Wa Sin is
I that the defendant cannot be con-
1 vicled without an indictment by a
grand jury, according to the fifth
I amendment of the Constitution of
'the United States," said Breckons,
j who represents Wa Sin.
"Defendant submits," he con
I tinned "that the crime with which
1 he is charged is an infamous crime
I because it is punishable as such,
I taking the convicted man to the
I penitentiary and hard labor."
The learned Federal advocate,
behind breastworks of formidable
appearing volumes of law, quoted
a generous number of decisions,
j showing that "Imprisonment in a
state prison or .penitentiary, with
I or without hard labor, is considered
Ian infamous punishment."
I Breckons cited a case sunnortiim
I this doctrine where prisoners con-
victeu ana punisued by imprison-
ment in the penitentiary without a
grand jury indictment were liberat
ed, their convictions being declared
to be void. He went on to refer to
other cases in different States, in
which men had been sent to the
state prison or penitentiary for mis
demeanors and not felonies and in
which their convictions had been
declared and, in some cases, the
prisoners had been liberated.
Breckons dwelt on the possibilities
under the Hawaiian statutes, where,
for a trivial offense, perhaps merely
for being drunk, a man could be
sent to the prison on the reef, to
mingle with men convicted of
murder, rape, arson and other ex
treme crimes, and be compelled to
work at hard labor as they were,
there being absolutely no difference
in the punishment except as the
duration of the sentence was con
cerned. This was against all reason
and clearly unconstitutional, and
all this could be done simply on
account of some lesser crime, with
out a grand jury indictment which
was plainly required in any case
where a man was subject to im
prisonment in a state or territorial
prison or penitentiary;
Breckons' client, Wa Sin, if con
victed of a minor infraction of the
law could be made to bear the same
punishment as a muderer under
life sentence and his minor offense
became an infamous crime because
01 tne possible punishment.
"A common drunk," said Hreck
ons, "under the Hawaiian Terri
torial statute, is even subject to soli
tary conl1ne.11e.it, an added infamy,
the additional punishment render-1
ing the offense an infamous crime
by its treatment." He cited a
Colorado case where a man, con-
v.cted of murder, was subjected to
solitary confinement, an added in-
lamy after lie was sentenced, and
his conviction was declared void.
The Federal authorities, accord
ing to Hreckons, were binding on
this court, and established without
the shadow of a doubt the doctrine
that conviction on the charge of an
offense punishable bv imprisonment
in a penitentiary was not valid
where there had been 110 grand jury
"If Wa Sin," said Hreckons,
"charged with selling poisourAs
I drugs without a license, beconv
eu, aim sentenced by Your II01V has no equal. It has the quality
to iinpisonmeut, and, on the saiBof "getting to the right spot." No
day a jury should bring in a verdrct 1 sufferer from these distressing affee
against some man for rape, Your I tions should defer a trial of this
Honor would sentence him to im-, remedy. One application gives re
prisonment in the same institution, lief. Try it. The Hilo Drug Co.
in Oahu prison, to be confined in sells it. !
HAWAII, PRIDAY. BIJI'TKMMiU
. tle Mmc wny, to he treated in tin
1 same manner, to he compelled to
,,.rl. , , t ,, , ' ,.
'work lit hard labor, to wear the
' same garb and to cit the same food.
I The only difference in the punish-
j incut, then, between that which my
'client would receive, ii In wpu
convicted, and thnt of a man con
victed of rape, would be in the
length of term."
Hreckons proceeded to speak of
the Oahu prison, its rules and regu-
J lotions, its conduct and the nature
01 uie institution, lie iclerred to
1 some of the regulations as decided!-,
unique; for example the prison
1 should be whitewashed once every
!. . . . .-.
three months aud prisoners, if they
so desired, were to be furnished
copies of the Holy Bible and the
New Testament. There was no
distinction made between the treat
ment of misdemeanor and felony
inmates, however; only witnesses
were distinctively regulated for.
u sniaii oiieiiEe a man wouiu
have to ioin the hard-laborers on
the public works or be hired out to
private parties to work, bought and
sold, as it were.
Breckons would like to know
from the Deputy Attornc-v General
what the Oahu prison was, anyway,
if not the Territorial penitentiary;
persons convicted of "any old
crime" were sent aud imprisoned
I there from all parts of the Territory.
Attorney F. M. Brooks, who
raised the same constitutional ques
tion in the case of Naka
mura, charged with selling liquor
without a license, and who, if con
victed, would be imprisoned at hard
labor in Oahu prison, such punish
ment making his offense an infam
ous crime, requiring an indictment
to support prosecution, stating that
Breckons had covered his points
aud amued briefiv nlnnrr cimilnr
Deputy Attorney General Peters
in a forceful manner contested the
arguments of counsel, among other
things declaring that all the authori
ties quoted were in Federal cases
and did not annlv to the case in
point and that the court did not
send prisoners to the penitentiary,
but handed them over to the cus
tody of the High Sheriff; that the
Attorney General's Department
spudded such places as were to be
used as prisons and jails and that
Oahu prison could at once be the
Territorial penitentiary and the
county jail, minor offenses being
punishable by imprisonment in the
latter, severe crimes in the former:
the Board of Prison Inspectors could
classify prisoners and say how differ
ent classes should be treated.
Judge Gear took the question
under advisement, argument finish
ing about 110011.
Advertising .Must he Continuous.
Advertising, to be successful,
must be continuous. One big ad
inserted once, or only occasionally,
will not take the place of an ordi
nary ad published regularly. Might
as well think of tak'ing one huge
meal a week, instead of the three
regulars every day. You'd feel
starved most of the time, and so the
business which is renresenteri bv mi
occasioal la"ge ad, or even an oc-
nArlAHltl i...iill m.rt ..,I.......1-..--l 1
ia:,luu"' "' "e, is simpiy starved
in beeweeu times.
What Is 1'iilu llnliii!
niinmln'rlnill1. Pnin llnli.i L n
1 liniment and, while adapted to all
the ordinary uses of a liniment, has
qualities which distinguish it from
other remedies of this class. Pain
Balm is especially heuef.cial for
.rlimiinnikm. 'n,n.wi. -,..
...... . . .,.,, ..,,, ,-, ,i
can be cited in which it has Pm.n.,i
a cure when the sufferer had pre
viously tried the best medical ser
vice without securing relief. Pain
Halm is positively guaranteed to
give relief in the most severe cases
of chronic or acute rheumatism.
Pain Halm heals bruises, burns
and scalds in less time than any
other treatment. It is "antiseptic"
that is, it prevents putrefaction and
by so doing, generally prevents an
unsightly scar remaining after the
injury is healed. Kot lame back,
lumbago and neuralgia, Pain Halm
By each boat from the Coast we receive new assort
ments of everything in the way of canned and bottled
goods, all of which arc sold tinder guarantee of quality
and freshness. We have just landed some
In tins, hermetically sealed; have also a good assort
ment of other breakfast foods.
Is too well known to need comment; over 2 lbs. to roll.
We have for sale a few WHITE PEKIN DUCKS
of a very superior breed.
Jw. TURNER CO., Xwtcl
Steamers ofthcaboe line running in
ill ('mill) ! It f .i.1 C .1 ...... XT O
", ""- " "s
wuv (.onipany, II. C, and Sidney, N S.
I VlllM nllil llr oliuin II ....... .1 ....
Suva ami llmb.mc, Q.. are duo nt
From Vancouver and Victoria B. C.
For llrisbane, Q., and Sjilncy
MOAN'A SKIT. 26
AOKANGI NOV. 21
MOANA DKC. 19
The magnificent new service, the "Imperial Limited," is now n inir dailv
11KTWKKN VANCOUVKR AND MONTRKAI.. making the run in K
without change. The finest railway service in the world.
Through tickets .ssued from Honolulu to Canada, United States nml Kurope
For freight and passage, and all general Information, apply to
Theo. H. Davies & Co., Ltd., GerTI Agts.
WE. WILL J30ND YOU
Henry Waterhouse Trust Co., Ltd.
General Agents for
The United States Fidelity and Guaranty Co.
ASSETS OVER $3,000,000.00.
Issues Surely Ilonds for F11ler.1I anil Territorial Office Holders, Hank
Cashiers and Clerks. Mercantile Kmployees, Contractors, Administra
tors, Guardians, and General Judicial Ilonds
P. O. BOX 346,
J. C. Ohlandt,
N. OHLANDT & CO.
Of Euery Description.
Sulphate of Polasli,
Sulphate ol' Ammonia,
Alaska Fish Scrap,
High (J rode Tankage.
SAN FRANCISCO, GAL.
127 Market Street.
Certificate of Analysis accompanies our shipments, which e guarantee
to he correct.
Agent for the Hawaiian Islands
OltDKKS FILLED AT SHOUT XOflCli.
To call your attention to a new collection of
Hawaiian Songs just published by us entitled
"SONGS OF HAWAII"
This collection contains a number of old Songs
and Hulas never previously published. This
book is beautifully illustrated. Price $1.50
postpaid. Order direct of the
BERGSTROM MUSIC CO., Honolulu
Box 576, Honolulu, T. H.
Royal Mail SS. Go.
connection with the Canadian Pacific Rail-
f 1 . in. ... .. .. . .
uiuutuiuii nun iut v-uiiaiiaii racinc Kail-
V., and culline ot Victoria. II. C. Honolulu.
Hnnnlulimn nr nlmnt i. .V,.io i..i..'.
" '. .'
From Sydney, Brisbane (Q).
For Victoria and Vancouver, 11. C.s
J. A. lluck
C. II. Uuck
AND DKAI.KRS IN
Muriate of Potash,
Nitrate of Soda,
Indiana & Yolo Sis J
The HILO TRIBU
JOB PRINTING DEPARTM