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HttO, HAWAII, PttlDAY, MAY 37, 190$.
FIRST BANK OF HILO
Incorporated Under the lAt
Territory of Hawaii.
PEACOCK BLOCK, HILO.
r. I'HCK IMcMcnl.
C. 0. KKNNKIIV ..Viiol'te.
JOHN T. MUIK...11M Vicfl'rr.
C. A. BTOIIIH Cinlilrr.
TIIOS. 0. KIIHIU'AY, Srctilaty.
J. . C.itutlo, Jolm J. ttinctr,
II. V. l'attin.
Druw ISxclumue on
The Hank of Hawaii, Ltd Honolulu
Wells. Eargo & Co. ll.ink...S.iu l'r.inciseo
Wells, Eargo & Co's Hnnk New York
The National Hnnk of the He- chicauo
P.lyiin, Milh. Curtie & Co I.0111I011
Hongkong Shanghai Hank- Hongkong.
ing Corporation ) Chim.
Hongkong-Shanghai Honk. (Shanghai, 1
inn Corporation ) China.
... .!...!.) Yokohama
ItoiigKong-niiaugiini iwhk- jIit,0
the. Month 01 Year, Par
liculnrs on Application.
Open front 5 A.M. to u P.M.
At Moderate Prices.
Mixed and Fancy Drinks
" Honolulu Primo Beer
Ten Cents a Class
J. C. SERRAO,
fteon Navigation Co.
1 he only Direct Liue between Snn Fran
cisco and Hilo, Comprising the
following Fast Sailers
Bark ANNIE JOHNSON
Bark RODERICK DHU
Bark MARION CIIILCOTT
Ship FALLS OF CLYDE
Tuir CHAS. COUNSELMAN
-uid other Specially Chartered vessels
makes this trip with at least one of these
boats each month, carrying both Freight
For dates of sailing and terms,
' no. D. Sprechels & Bros. Go(
327 Market St., San Francisco.
R. T. GUARD, Agent,
H11.0, "awa" j
The Largest Importers of
Also. Dealers in Dates, Oranges,
Applet. Lemoiih, Limes, Potatoes,
Onions anil All Kinds of Nuts.
L. C. SRESOVICH CO.
S in Francisco. - California
HACKS A SPECIALTY 1
STRICTLY FIRST-CLASS WORK 1
Formerly with RivetMile Shop. j
Ponohawal and Volcano Sts
DKKKUTlVi: lltlAMI JUItV.
Coiivlrlrd Juror Cannot SH All
lnillclmenln to lie (tinnlicil.
Honolulu. Msiv 10. Hecsuise of
IncU divulged iti the motion to
quash tlic finding ngainst him,
IWitor F. J. Testa of the Inde
pendent U relieved of the disagree
nblcticssof having an indictment
for criminal libel against him and
John Kdwards and Henry Hicky,
are dismissed from the Territorial
Judge De Holt this morning
granted the motion to dismiss the
Grand Jury's return concerning a
libel charge which named Testa as
Motion alleged that two members
of the inquisition, Kdwards and
Hicky, were men who had been
convicted of offenses against the
law, the former having served sen
tence yeara ago for larceny in the
second degtce and the latter having
been convicted of having opium in
his possession contrary to the sta
tute. These facts were presented
by defendant's counsel as grounds
for the disqualification of the two
jurots and therefore as ground for
quashing the indictment, iunstiiuch
as the disqualification of Kdwnrds,
and Hickcy left an insufficient
number of Grand Jurors for the
pttrpohcs of indictment.
Attorney General Andrews part
ially admitted the allegations in re
gard to Kdwards. Judge De Holt
stated that there was no question
of law in the matter, only a ques
tion of fact: if facts alleged were
true, then the two jurors named
As the facts in the Kdwards
matter were clear, the Court, after
ordering the dischurge of defendant
Testa, ordered the dismissal of
Tohn Kdwards as a member of the
L,ater the dismissal of Henry
Hicky was also ordered. The loss
of these men left the Grand Jury
without a quorum and a forced ad
journment was taken until tomor
Kditor Testa had entered no plea
to the libel indictment at the time
of counsel's entering plea in abate
ment. It is a question whether, if he
had entered his plea, the Court
could have granted the dismissal
of the true bill against him. Not
(having pleaded the law was clear
and nothing remained but to set
Testa free. 1
In criminal cases pending, where
pleas have not been entered, de
fendants, it is said will be ci titled
to their discharge on the ground
that their indictments are not valid
and they will either be Kiven their
liberty or their cases will be again
considered by the present Grand
Jury, minus Kdwards and Hicky
Of cases awaiting trial, where
pleas have not been taken, the only
important matter is that of the
charge against K. V. Richardson,
alleged to have embezzled funds
from the Water Works Department.
A. G. M. Robertson is his attorney.
It is not improbable that Robertson
will move to qtia.su on ttie same
grounds alleged in the successful
It will be necessary, then to
re-indict Richardson if the pro
secution wants to sustain the charge
agajnst him. Other cases in which
pleas have not been recorded are
minor matters ol assault and battery,
selling, liquor without a license
wherein Orientals are defendants.
Wei-hai-wei, May 20. A British
warship has gone to Newchwang to
protect British interests.
Paris, May 20. The Russian
cruiser Bogatyr grounded in a fog
at the entrance to Vladivostok har
bor and is in a perilous position.
ri,e Bogatyr is one of the fleet of
.four cruisers of the "Commerce
Destroyer" class which has been
t operating from Vladivostok since
the opening of the war, and the
latest exploit of which was the
(sinking of the Japanese transport
Kinshui Maru. The Bogatyr was
built at Stettin in 1900. She is of
1 6,'50o tons, has a speed of twenty-
three knots, and is considered 11
better vessel than the American
built cruiser Varjag, which was
sunk at Chemulpo at the opening
of the war.
U.UJNKM OK l)i:tiVV At K.tll.UA
Attorney (Jr-tir-rul' Ill-pint incut mil
UenpouMble for Court's Mistake.
M. V. I'rosscr, Deputy Attorney
General who is in Hilo in attend
ance on the May term of the Cir
cuit Court, desires the Tkihuni: to
make a correction of Mr. Julian
Mousarrat's statement appearing in
these columns last week regarding
the delays at the Kailua term of
Court. Mr. Prosser said:
delay in the trial of cases
Aptil term of the Third
was not caused by myself
representative of the Attorney Gen
eral's Department. The mistake
occuired in impanelling a petit jury
before calling a grand jury. Upon
my arrival at Kailua on Saturday
Anril to. I found that the ennui
jury had not yet been summoned,!
' ' o I
but that a lull panel of petit jurors
were ready and waiting ' for the
trial of causes. Through misin
formatiqn or ignorance of the law,
the Court offiicials did not regard
it necessary to present any matters
to a grand jury and consequently
had failed to summon the rcquire.il
number ofjurors. Immediately up
on looking over the calendar, I
found seven cases, which required
indictments by a grand jury before
they'couid go to trial. Nothing
could be done therefore until the
grand jurors could be summoned
together, inquire into the evidence
and report their findings. This
was done as speedily as possible,
considering the distance some of
the jurors had to travel, and three
days later seven indictments were
returned. It so happened that
each of the prisoners against whom
true bills were brought by the
grand jury plead guilty, and were
duly sentenced by the Court, which
dispensed with the necessity of
holding any jury trials. The term
was very short and when it was
discovered there was no 'business
for the trial jury, the jurors were
excused. It cannot be .Said there
was any delay occuring because of
the Attorney General's Department
not being ready, for no trials could
be had until the impaueleing and
report of the grand jury, which had
not been called until I arrived and
had rectified the error."
Comity Act Commission.
Honolulu, May 20. Just before
leaving for the mainland Governor
Carter appointed the five members
of the commission authorized by a
joint resolution of the Iegislatuie at
the recent special session, which
body will draft a county act to be
submitcd to the next regular scsr
sion of the legislature. The per
sonnel of the commission appointed
is as follows:
Henry K. Cooper, chairman.
Clarence L. Crabbe,
Fred W. Beckley,
K. M. Watson,
T. Mcdants Stewart.
The resolution provides that the
members of the commission shall
serve without pay, but allows such
expenses as may be incurred by
them, with the approval of the
Governor. Governor Carter en
deavored to make the commission
non-partisan, and after careful con
sideration, at the solicitation of
each of the representative political
parties, appointed Speaker Beckley
as a Home Rule member and K. M.
Watson as a Democrat. All of the
members are lawyers.
Gibraltar, May 20. A British
torpedo-boat has sailed for Taugicrs
to investigate the reported kidnapp
ing of a British and an American
London, May 18 Balfour has
defeated mi attempt in the Commons
to upset the Government on the
fiscal question. By a vote of 306
to 251 fiscal matters were shelved
until the next Parliament meets.
Admiral Togo also reports the
loss of the battleship Ilatsuse one
of the largest of the Japanese fleet. 1
The Ilatsuse was sunk by a Russian
mine while operating off Port Ar
thur. Three hundred of her officers
and crew were saved.
Kaichau' May 18. The Japanese
drove 1,500 Russians out of this
city, destroyed the railroad and
then reembarked. The fleet sailed
south. One thousand Russians
have 're-entered Newchwang but
are'iti readiness to evacuate.
SHOUT (JA II 1,1.0 It A M.S.
New York, N Y., May 19. Re
fined sugar was advanced 5 cents
ptr hundred today.
Newchwang, China, May 20.
The report of the Japanese retreat
from Fengweugcheng is confirmed.
Paris. May 17. A great battle!
is expected. One hundred thou
sand Japanese troops arc advancing
Newchwang, Mayao. It is re
potted that the Japanese army has
been defeated at Fcngwenchcng
St. Louis, May 17. General
Miles expresses the belief that other
nations will become involved in hc
Ifar Kastern war.
r.. . - 1 t
,i.i'cn.uiirB, m i.
show that the Japanese are com
plete masters of all southern ' L,iao
tong peninsula, except Port Arthur.
St. Petersburg, May 17. General
Zassalitch has been relieved of the
command of the second Siberian
army, General Killer succeeding
St. Petersburg, May 17. Seven
teen Japanese warships bombarded
Kaichau and forced a lauding.
The troops marched in the direction
Paris, May 18. The Japanese
have occupied Newchwang and
Liaoyang. The rains and snow
arc impeding operations The roads
St. Petersburg, Russia, May 18
It is officially stated that General
Kuropatkiti, commanding the Rus
sian army in Manchuria, is prepar
ing to retreat from Mukden to Har
bin. Loudon, May 20. The News
correspondent at Tientsin says that
70,000 Russians are marching to
the relief of Port Arthur. The
Japanese are hastening offensive
Tokio Japan, M 18. The
railroad line north of Port Atthur
has been cut in ftVe places by the
Japanese forces. All Russian com
munication with the port by land
is cut off.
St. Petersburg, Russia, May 18.-
It is believed that General Stoessel,
commanding the Port Arthur
garrison, received a supply of war
balloons to be used in the defense
of his garrison.
Tokio, Japan, May 19. Admiral
Togo reports that while off Port
Arthur the Japanese cruisers Kasuga
and Yoshino were in collision and
the Yoshino was sunk. Ninety ol
her ship's company were saved.
Chefoo, May 18. Russian re
fugees from Dalny declare that the
Japanese bombarded Port Arthur
on Monday. They say the Jap
anese battleship Shikishima and
the cruiser Asama struck mines
Chamiikklaik's Cough Remedy
is the mother's favorite. It is pleas
ant and safe for children to take
and always cures. It is intended
especially for coughs, colds, croup
and whooping cough, and is the
best medicine made for these dis
eases. There is not the least dan
ger in giving it to children for it
contains 110 ppium or other injurious
drug and may be given as confi
dently to a babe as to an adult. For
sale by the Hilo Drug Co.
Call at Tribune Office
Be hi! it v
I'nrhftjs you cat cnnii(;li, jet you
do not j;ut much liouulit from yui ,
ln'od. oii keep thin a. id ue.iks ar '
Until alt tlm tlini). and jour nxrws
uio in a bail way. Why tint hlretuM Inn ,
your digestion and gut 1 i.l of Joiir 1
lipail tlirivs words from Mm. I!. (1 "in m
of Culture;, Victoria. Mm. .M111110 uti nomli
"1 mlTcrod crmtly with lnillgrtlnn aril
fleiillity fur 11 Ioiir tlmo. Sleep did no xt
Iri-sli mi", timl 1 wat In a very KiiIkU'ii, Ore
of my I rlttniN Htriiiigly recommended Ajer's
M.irAiiurllU, and Mltern (Tixict dull 11I I if.i
tlnn I mailo up my inhiil tn trjvlt Tn 1
preit nirprlse, I had not til.cn ntis-h It
l-.tlltf liofiin! 1 fcltgrcatly linpnmil ltie
way. I Hilly tiwik tlireo Imttles, and I e .
mi linnc-Mly 8iy tint I am en Irely fi
fmni all nr my old troulile, mid ruiiFn r
myself liorfcctly cured. Aver'n'ir.ni.in.:.i
Is certainly a underfill hloud ineillcliii ."
Ml ELS"i n3)
riioro arc many Imitation Htmaiariilas.
lie turo you get "Ajcr's.
Prcrirtd by Dr. J. C. Ar Co., Lowell, Miss., II. 5. A.
For Sale by HILO DRUG COMPANY
Hilo Electric Light Co., Ltd.
Houses Wired and
In accordance with the rules of the Na
tional Hoard of 1'irc Underwriters.
A comptcl" stock of
Fixtures, Sli.tdes, Tahle, Iltd and Desk
Lamps, etc., always 011 hand.
Fan Motors . . . $15
Fan Motors, swivel frame, 8
Sowing Machine Motor 20
Power for operating them ft a month
Installation charid extra.
Estimates furnUhed on all classes ol
Electrical' Work and Contracts taken to
install apparatus complete.
J. Ivancovich & Go.
SAN FRANCISCO, - CAL.
' IMPORTERS OE
and OTHER ISLAND FRUITS
PAY FOR THE BEST
AND THAT'S THE CLASS 01' WORK
ERONT ST., Op. SI'RECICEL'S I1LOCK
PACIFIC TRANSFER GO.
Handle and Store IUG(UtfE
126 KING ST. HONOLULU
Phone, Main $
J11M-. . s, 1 '.in .i.i
iXmHStf. jiAJv Nil
Vwfllfcflfff. Sim v. s "w
! 2. 2.
i : Jr ;
.11 ji ;
I O O M J
U 'J- ICO 6
: W sc CD
a -2 In
You will find jour fvoiite Mow J
Bock & Co
Sanchez & Haya
El Princlpo Do Calos
Villar & Villar
Always fresh at the
H. L. SHAW, Manager
HILO MARKET CO.,
Telephone No. 39.
Bkimgk St. - II11.0, H. I
Pacific Meat Market
Front St., Hilo, H. I,
Choice Cuts of
POULTRY of all Kinds
FRESH ISLAND BUTTER
Fine Fat Turkeys.
. . Sucking Pigs.
Draught Boor IO Conts
When you need a drink call
at the KEYSTONE, corner
Front and Ponohawai streets.
A first class line of
always on hand.
Kon Lumber In small and large quantl-
I ties; well seasoned,
; Eurniture made to order, any style
j wanted. Repairs made on any kind ot
furniture. Prices moderate.
1 Sorrao Cabinet Shop.
Ajpjy to JOSE O. SERRAO.
Wilrier's Steamship Go.
I Change in Sailing Time of
I Lt ....
X Connecting with
Commencing FE11RUARY 5th, 1904, the
Steamer "MAUI," hVnnett, Master, will
sail from HONOLULU at 5 ji, 111.
With Mail and I'asseugert.
Wilder's StcmiisliI) Co.