Newspaper Page Text
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SATURDAY, JULY II, 1883.
THIS DAY'S DOINGS.
(iynuinsiuin Kxercifces for Liuliea
nml Clllldtcn from I) to 11.
Mr. IC. P. Adams will Mill tit 11
n.in. at Kales Room, u collection of
Band nt Emma Stpuiro, at 4 :!!()
MliiMtrcls, Music Hall, 7:90.
(tcwpi'l Temperance Meeting at
Bethel, at 7:o().
Bethel Sunday School, ut i:lo.
Fort St. Church S. S. nt 'J :lo.
St. Andrew's Cathedral S. S. 10.
Bethel. How Dr. Damon, at 1 1
Kort St. Church, Hew J. A. Cru
zan, morning and evening.
St. AndiewV Cathedral, Hew G.
"Wallace morning anil evening.
Bible Clubs tit Fort St. Church
Vestry, at 3: 15
THE CHARGE OF THE CHIEF-JUSTICE
to the Jury in the first libel .suit
agaiiibt newnpaper on these islands
(the Kawainui Bros, cn&o) was as
follows: Many years ago in that
great country, England, fron which
wc have received most of the laws
at present in existence here, no one
could publish anything except they
llrst got the consent of the Govern
ment. But the progress of civiliza
tion and the spread of free ideas has
liberated the piess from that thral
dom, and wc llnd the present condi
tion of things in the 3rd Article of
the Hawaiian constitution
A libel is a publication in writing
print or by a picture statue sign or a
representation other than by words
merely spoken which tend to injure
the fame reputation or good name of
another person and to bring him
into disgrace abhorrence odium
hatred contempt or ridicule or cause
him to be excluded from society,
and this is the law in all civilized
This is the first case in this King
dom where the newspaper publisher is
sought to be held responsible. It is
moved by the party who believes
himself injured, but this should not
weigh in your minds (although
alluded to by counsel for both sides)
as a large majority of the cases
brought before Courts are so done
at the instance of the person ag
grieved. We have no Attorney General at
present, and even if we had it would
not be improper to employ private
All men may freely speak, write,
and publish their bcntiments on all
subjects being responsible for the
abuse of that light and no law shall
be enacted to restrain the liberty of
speech or of the press except such
laws as may be necessary for the
protection of His Majesty the King
unci Hoyal Family.
It has been said by counsel that
there is a civil charge pending and
that should be enough remedy but it
is also made a criminal offence in
the interests of Society. You can
aee the wisdom of this law as then a
man without any means could vilify
the whole community, and the escape
punishment from his inability to
satisfy the civil damages granted.
As the law has never been put in
operation bofoie agaiut-t a newspaper
it speaks well both for the commu
nity and the newspapers.
i beg of you not to enter into the
consideraiion of this case as if there
weie sides to it. You must iccol
lect that there is a certain Liberty of
the Press. Xo country could have
its liberties without it and it litis
been well said that it is the ' Pal
ladium of liberty" in all countiies.
There arc five points to which I
wish to draw your attention in this
case and the first two you will be
able easily to satisfy yourselves on :
The first is Did defendants pub
lish the article in question? It docs
not matter who wrote it the offence
is in publishing it. It must not
weigh on your minds if Mr. J. II.
Kawainui did agree to disclose tho
jiume and now, on the advice of
counsel, declines to do so. If he
did disclose it it would not neces
sarily absolve him from prosecution
f the injured party so wished.
(2nd). Did the Article com
plained of refer to Mr. Hichardson?
The defendants admit this as you
have heard proved by the evidence
of the Police Magistrate.
(3rd). Is tho article libellous?
Is it defamatory to Mr. Kichardson's
character so that lie has suffered in
(4th). If you llnd it is ho, arc
the facts stated true? Then
(5th). "Were they published with
a good motive?
I put in your hands a matter vthjeh
is not always left for a jury to de
cide that is whether the matter com
plained of is libellous or not. It luis
been our privilege to settle in this
country very frequently what has
already been settled in other coun
tiies. In England it was not till the
roign of George the Third and then
only after fierce debates and almost
a l evolution thiil it was decided to
leave to a jury whether matter was
libellous or not.
"What is a libel? Here wc do not
have to fall back on precedent as
elsewhere. "Wc have our statute
law as follows :
You may not devote your atten
tion to what Mr. Kawainui may have
thought when he wrote it hut only to
what it actually means.
If you find that the publication
does tend to bring the fame anil re
putation of tho Deputy Sheriff into
contempt then it is lil cllous. Y u
must, however, consider Biehard
son's position. The public has n
right to expect that tho officials of
this country conduct themselves in
a proper maimer. For if they do
harbour prostitutes and improper
persons. I leave it with you to say
whether the public press has a right
to talk about it or not. The defen
dants have not laid stress on the fact
that it wasn't libellous. They have
endeavoured to justify it, and for
that purpose it was not necessary to
prove every word as long as main
facts and general purpose of the
aitielc arc proved to be true. The
libel does not charge him with
adultery with this woman, but olmrgc3
him with dull perception of what is
right as the head of a family. If it
bo true that he did have such a
women iu Ins house it would bo
disgusting to good people ; particular
ly so in an ofllcer whose duty is to
preserve public morals.
1 do not go to tho extent of sny
ing that every thing in public prints
about a public man whether true or
untrue is privileged, but if an
accusation against a public officer is
made or written to tho officer in
charge Jof the person accused (his
appointing officer) in good faith, it
is privileged. But if a person puts
a statement into a paper, as corres
pondence, which is untrue even
under the customary heading waiv
ing responsibility, it docs not absolve
the publishers from responsibility
even though they trust the writer's
good faith. It is not privileged.
The whole question is whether it
is true o'f not ? If you find it is
true and published with a good
motive then it is your duty to acquit.
If not, it will be your duty to return
a verdict of guilty.
Libel is of two degrees, and the
Jury must find the degree. Gentle
men, 1 thank you for the patience
with which you havo heard tho case
and my exposition of the law etc.,
EMMA SQUARE CONGER r.
The Band will give a concert at
Emma Square this attertioon, com
mencing at 4:00 o'clock. The fol
owiDg is the programme :
Ovci Hue The Golden Cross Druell
Galon Wally llehibdorf
Finale William Tell. Kosslui
Waltz Docti ins (new) Strauss
Selection Iolnntlio Sullivan
Quadrille Madame An got Lecocq
LOCAL & GENERALHEWS,
In another column will bu found a
new advertisement fiom the Great
American Clothing Iljube. Read it.
Tim Itev. 8. E. Bie hop will conduct
the Gospel Temperance Meeting, at the
Bethel lllls evening.
Tiiu Band will give a Moonlight Con
cert on Monday July 10th, and Tuesday
July 17th, in Lmmu Square.
At the Y. M. C. A. meeting on Thurs
day night a committee was appointed to
bccuro a general secretary..
Tim Hawaiian Bell Telephone Co.,
elected Mr. E. P. Adams President, and
Mr. J. F. Broun Secretary on Thuisday.
Yj:stkiidav Chief Justice Judd gave
this ruling that 'defamatory articles are
riwii facie malicious except when nri
vileged.' The triul of Mr. Thrum on a charge
of li helling Dr. Fitch began yesterday
moining. Dr. Fiteh was put on tho
t-tuml and his examination had not
concluded at 12 noon.
Tun Jurors in the Thrum libel case
are, S. Mugnin, S. Bclig. J. Spear,
Wenner, E. Kistlor, G. Wet, W. LUli
mini, J. B. Castle, J. A'sche, J. II. Brims
Jr, C. Scurboiough, J. C. Cluncy.
Mn. Cruzan will preach on Sunday,
morning and evening. In the evening
the seiiuon (in " What wo know ubout
Heaven " aiinniincud for hist Sunday,
but postponed because of Mr. Cruztui's
illness, will he given.
Tin: Jnlcr-lNlauil Steam Navigation
Company yesterday placed In position
on their wharf u btu.iui donkey-engine
and tiled It. It mrs suit water. 1'or
the night watchman's use a hind pump
wlllaiso ho procured. These piccau
(Jons tire taken in case of lire,
IUi uiij'odo reflected Unit II mull is
gaining an uurnvinhln nqlorjcty us it
cilminul countiyr Take thu cxppricuciu
of any one living hero for tho last -10
years say, and see if thoro luu ever luen
to many serious crimes in so short a
timo as there law been during tho past
twelvemonth. What is tho reason V
Clarence W. Mnefurhind met with a
serious iccldent at the Uyiiiuiisium but
Tiim mail for Snn Fruncisrb by the S.
S. Hankow, closes at 2 ii.ni to-tln'y. As
alio is expected to miiko the passugo in 8
days this will bring her over in time to
allow letters by her to he answered by
tho next steamer. Mr. & Mr. ,T. T. Wa
terhousc jr. are passengers by her.
Mom: complaint ate heard about lhat
railway line cro-slng Itcietania Street
near Puniiliou and the other cio.liigs
not being guided so us to allow vehicles
to ciosH without jailing and iolting.
Peih.ip, howeuT, nothing will bu done
to remedy it as ll brings im inci case of
trade to tho coacb.iepalieis and bluck.
With tills issue weprc-ent our readers
with a supplement. Thoo who keep
horn-s will llnd the llrst aitlele on the
Means of prosenlug the Horse's Foot,
worth muling and preserving. In
addition this w ill he found another in
stalment of Peck's Bad Bov, Yankee
Wit, Adulteration of Food, Ocean
Steanicis, a Wi Inkle and a Civil Oillelal.
Yi:sTKltl)AY at the Police Court 7 boys
were brought up nrd charged with
vagrancy. One night this week tho
police caught theui drinking at a kite
hour of night out of bottles which they
were picking up in Mcsis. Lovejoy's
yard. When searched one of the bovs
hnd on him the blade of a shears
shui pencil up ton lino edge making It
u most dangerous weapon. Three of
the boys appaiently have not been
missed by their patents. Hawaii Is
growing a crop of hoodlums.
Auction Sales by E. P. Adams
July 14ih, at 11 a. in., at Sales Booms,
will he sold a Miull collection of
From the library of a gentleman about
leaving the country, in part ns follows:
POETRY Cloth of Gold, Chaucer,
Pope, Hood, Mis. Spoflbid, George Ar
nold, Buhver, J. G. Holland, Joaquin
Miller, Swinburne, Whitman, Robert
Browning's complete poetical works, 0
volumes, jut issued.
STANDARD LITERATURE Walter
Scoti's Lives of Novelists and Diuma
tists; Money and Mechanism of Ex
change; Lessons in Logic; Lectures on
Art; Art Life and Theories; Bryan Will,
ler Proctor; Curtis' works; Humphrey's
Coin Collection Manual, 2 vol. ; Four Coin
Catalogues; Elements of Intellectual
Science: Second Thoughts, 2 vol.: Rich
aid Cobden's Life, bvMorley; II ilium's
Coustiiulional History of Fnghu.d; Am
crican Men of Letters; llyputia, by
Charles Kingsley; Memories, by Field;
Bacon's Eat ays; Familiar Quotations;
Curiosities of the Law Reporters; Die
tioaury of Quotation , rare; Uncle Re
mus; Thackeray's Miscellanies; Edwin
Drood; Bret Hurte's works, complete, C
vol.: International Law, Woolsey: Am
erican Institutions; Origin of Speeches,
Darwin ; The Scailet Letter; Jerningham
Journals; Moths. Ouidn; Ten Thousand
a Year; Alfred ll.igurt's Household (out
nf print), rare; 'Etymological Engli-h
Dictionary, Vuthek; Maclean's Horace;
Cicero de OMcH"; Spiers nnd Summer's
French Dictionary; P. Virgell Maronio
American Statesmen, 5 vol.. .Just issued
The Christian Year, Ivcblc.Jiibt issued
English Odes, Gossc Just issued
Imitat'n of Christ, A. Keinpis.. J ust issued
Fm Ponkupog to Pest h, Aldric. Just issued
An Assorlincnt of Mi in French,
Also, a lot of Pamphlets,
One largo Book Shelf with Drawers,
One Small Book Shelf.
E.,P. Adams, Auctioneer.
rpiIE MAIL by the
-L Steamship Hankow
Will close nt the Post Office,
At 2 p. mi. This Day,
Saturday, July 14th.
A "LATE LETTER BAG" will be
kept open at the Post Office till
!30 minutes before the udveitiscd hour of
the steamer's departure, to receive all
late letters; on which an additional fee
of Five Cents (5 cents) for each lettcj
must he pniil in stumps or coin.
The public arc bpecialjy requested to
Mail all Letters at the Post Office, and
not take them on hoard the sipiimnr.
II. M. WHITNEY, P.M.G.
Post Office, Honolulu, July 14, 188U.
A. A. IWONTANO,
Corner Fort & King Sts.
Desires to inform his numerous friends
nnd tho public generally that ho has
Reduced the Prices
of Photographs, which for Style, Quullly
and Finish cannot ho excelled,
From Looket to Life Size
In every Style.
A splendid asfoitnicnt of
NEW PHOTO FRAMES
in Silk, Satin, Pluih Leather, &c iio.,
of thu 1'iicat styles. Aho, a very largo
Including the Volcano. Ltiva Flows,
Sugar Mills and Plantations,
Urptips of Iluwaliuns, in nucicjit
uud modern costumes.'
No. 87 Port Street,
15a ly Opposite E. O. Hull & SwAi
DILLINGHAM & CO.'S
Suitable for Stock Ranches where water Is recpitred to bo raised from gulches
to pasture lauds for watering stock. Full particulars and estimates furnished.
Hofrigerators, Brooms of superior quality.
Magneso-Calcite Fire Proof Safes & Boxes
Lubricating Oils ol ovory description at lowest markot ralos.
Rico Cloth, Patent BagHolders-just the thing for Rico and Sugor Mills; "
Differential Pulley Blocks, Carriage Lamps.
1SW Goods contsantly arriving.
Full lines of Plows and Agricultmul Instruments,
Full assoitmcnt of Agate Iron "Wuic,
Illustrated Catalogues on application.
Pheetons, Buggies, Wagons, &c.f &c,
Manufactured with all the latest improvements.
BlnolcsmltlUiiB fc "WootVirorlc done or every description.
Having tho best mechanics I am enabled to do work
Cheaper and better than any other firm iu this city.
New woik and Repairing done with complete satisfaction, or no charge made.
FOE THE LADIES!
Has Just Received from Paris Direct,
SJS picccN JTiiic ITi-eiieli 3Xcx-ixio,
10 dozen Ladies' Cassimcrc Dolmans (buRlc-trimmed)
R0 pieces Silk and Wool Poplins, "
30 pieces Brocaded Sutiu,
Black Silks, Satins & Crapes, CoPd Woollen Dress Goods
Silk Capes, and a line lot of Ostrich Feathers, iu all the newest and
richest colors. Come and examine them, as they must be sold without reserve.
.A-lfcio, to arrive per Hten.mHlilj "Jlanlco-w,"
now due, in part as follows: '
Ladies' Black and Colored Silk Mills, Black and Colored Salins and Surah Satins, Merinos,
Ladles,' and Children's Cloaks, Cupei nnd Shawls fresh from tho Best Parisian
Houses, in ull the Newest Styles, and Patterns. Ladies' and Children's
Lace and Lisle Ilo.-e, in all shades.
For the Gentlemen Men', Youth's and Boy's Clotl-inc lower than anv
other lumen in tlw tnulo Alc n cr.;,,l i:.. n .c i it fn ,. - ti . UUJ
Men's and Boy's BOOTS and SHOES, which
Will be Holil at the Lowest
You have only to see these goods to
where. Visitors and friends from the
S. aXugruin, X-IoLl St, Honolulu.
LOW PEICES MUST EULE.
Bargains 1 IJ;uSuiiiH ! Itni'gninH !
At the Great American Clothing House
As we need room, wc are now offering ono of the finest, largest and bcit-Mslect-prices?
' ' yS aiufcilcn's Clothing at ridiculously lSw
350 Gent's Complete Business Suits, at $10, worth $16.50.
-i"b vuw, uu.vo, iu uii oij'iea, ui ijiio, worm $.'U.
A large assortment of the latest style of Scotch Tweed Suits, nt $1$, worth $25
Very line French Worsted Suits, in large variety, at reduced prices
Gent's Dark Worsted Diagonal Suits, from $15 up. l
An immense assortment of Blue Flannel Suits, from SlO un. '
Very fine Yacht Cloth Suits, in all shades and prices. v
lhe atest style in Gent's Dress Suits constantly on hnnd.
Gent's Lightweight Over-coats, at low prices.
Great Reduction in our Boy's Clothing Department.
100 Boy's Linen School Suits, at $1.75: worth $2.00.
Gcnt'M FurniHhing Department BnrcaiiiH
Gent's White Shirt, from 1.25 up? Hue Percale Shirts, Intel styles 81 "3 tm
100 dozen extra heavy British Ho5e, at 25 cents a pair ' P'
00 dozen Fancy Hoje, in all colois, at 20 cents u pair.
5 dozen Fancy Hose, at 12 eeuU a pair.
0j dozen patent Gossamer Merino Undershirts, full finished, at 1- worth f lo
Latest Novelties lu Gent's Neckwear, at low prices'. ' '
Hat Department Great Bargains.
The latest styles constantly on hand. French Panama Hats at 81 Whim
Mackinaw; Hats at $t. Cheapest value In town. -Buyois In March of V liiS
quail ties, latest styles, and lowest prices, who do ot call on u befo.e nurchlnrr
elsewhere will booner or later discover that thoy havo MISSED IT BADLY
LIC 3m S. nOTTN" Rr fiv ftnf Aw: m-- -
--- -"" "wn mucnuau VlOUUIlg JCLOUSe
AMEETINO will bo held at tho
Gymnasium ltooms, Fort street,
on FRIDAY EVENING, July lUth, to
dlsoubs the propriety of stinting a So
ciety for the " Prevention of Cruelty to
AmlnalH." All persons interested are
cordially invited to attend. -151 2t
TF YOUIt HORSE 18 SICK or LAME,
X or nay way out of order, call on A
T. UA.K5U, nt Cipt. J. O. Clancy's htn
hies, corner of Queen & Pnnohbow) sts
BSTBreuking horses to saddle or car
riago a bpeclulty. Satisfaction guaran
teed or no charge 420 ly
A HOUSE on Einmu street,
containing? rooms, kitchen,
room, curriugc-houbo, stabling, and fowl
house. Inquire ut 70 ForUtrcet or 51
Lmma street. 431 tf
, .w..., !.. .. 1, pbiiiiiHn
HAS JUST RECEIVED
A Supply of New Goods,
Coal, Iron, Oak, Ash, Spokes, Rims,
Felloes, Hubs, Shafts, &c , of the best quality,
Sold at the lowest prices.
,,,,,,, lluli t vy. u, x . n, xurroil tK i
JtntcH to clear couttlguiucnt,
be convinced that you can't do better else
other Islands are specially invllej.
ALL ACCOUNTS duo to tho firm of
Geo. F. Wells, when the buslncsj
wiw purchased by Messrs. Lyean & John,
bon, iniisl ho paid on or before July 10th
.1 ' t?lc!isrij- Lyean & Johnson, or
hey will bo put into the hands of 11 col
lector, without further notiee. -117 til
rphero will bo a meetbip of the Stock
-L Holders of the Wailuku Sugar
Company on Monday, July 10, ldSut
the olllco of C. Brewer & Co., at 10
o'clock a.m. '
W. W. HALL, Secretary.
npiIIlEB NEATLY FURNISHED
J. ROOMS iu u private family, situ
ated within five minutes' walk of tho
For particulars, enquire at this Ofllce.