Newspaper Page Text
.li.;m.u-.iiju uijiij" "" ." i""" jii''fcJu'taRnj.mimnvij.fiJi'wwjiiiLLjna'iif!nr tiMuwww
' A I'oW More
Ladies' 6-Button Kid Gloves
Tor Sl.OO. At
Tho Arcado-EGAN & CO.
If you want i
Fine Hat or Necktie,
The Aroado EGAN & CO.
liOok nt tlio Fine Wnn of
Tho Arcado-EGAN & CO.
A Flub l.lno of
Ladies' & Misses' Shoes,
The Arcado-EGAN & CO.
THURSDAY, MARCH 15, 1888.
Stmr Jus Jlttkee from Knpnn
bttnr J A Cummins from Koolau
Stmrlwnlunl Iroiu Hamitki.n
Schr W S Bowue from San Kinticico
Stmr Surprise for Ilnwnll
Mtnr Knahi for Wulnnne mid Wtiialua
Bk Ceylon for San Frnuclsco
VESSELS LEAVING TO-MORROW.
Stmr Jns Makcu for Kapaa at C p m
CARGOES FROM ISLAND PORTS.
Makcc 2007 bags sugar and 75 giccn
' .1. ' ' i- j
LOCAL & GENERAL NEVS.
Jin. O. J. Fishel's spOcial cheap sale
is now on.
The steam whaler Belviderc has
1-10 bbls. of sperm oil. She will come
The members of tho Pacific IIoso
Co. aro requested to meet at tho Boll
Tower at 7 :30 o'clock this evening.
It is a pretty sight to sec tho ocsan
just oir tho harbor dotted with
whalors, some beating about, others
hove to, and a few at anchor.
Tun Police Depaitmcnt lias le
ccived a number of now and im
proved hand-cuffs, and tho old fash
ioned ones they have been using, will
Davies & Co. contemplate putting
up a second story on their single
story buildings on Queen stieet, and
will probably rent tho store icccntly
vacated by Iloflschlacgcr & Co., until
the" additional stoics aio finished.
Captain Gifliths, who arrived yes
terday in command of tho baik
Sonoma, 23 days fiom San Diego, in
ballast, to load sugar foi' Hackfcld it
Co., was formerly master of tho
schooner J. C. Ford.
EVENTS THIS EVENING.
The regular monthly meeting of
thoY. M. C. A., at their hall, at
Meeting of the Outlook Commit
tee of the Blue Kibbon Leage, at
the Y. M. C. A. parlors,at 7 o'clock.
Meeting of the several fire com
panies, at the Bell Tower, 7 o'clock
p. m., for action on the proposed
amendment of Article 21 of the Con
stitution. Meeting ol the Debating Club, at
the hall of Hawaiian Lodge K. of P.,
at 7:30 o'clock. Mr. Alex. Robeit
son will rend a paper on ''Recipro
city and Pearl Harbor."
THE SEALS REMOVED.
After the decision of the Supreme
Couit to-day, ordering the Attorney
General and Marshal to vacate the
Search Warrant writ, to take pos
session of the books of G. W. Mac
farlanc & Co., Marshal Soper imme
diately repaired to tho olllces of
said firm, doffed his hat, and at
onco removed the seals that he and
the Attorney-General had placed on
the large iron safo of the firm. A
mutual exchange of courtesies is
said to have taken place between
Mr. E. C. Macfarlane and the Mar
shal on the latter's retiring.
A policeman went up to the Key
stone saloon last evening and ordered
..the saloon to close at G o'clock, and
to remain closed until further notice.
As Mr. Bowen was closing, at 0
o'clock, a telephone message was re
ceived, idling him to remain open
until the usual hour and open again
-this morning. To-day, at 12 o'clock,
the Marshal closed the saloon and
sealed tho doors.. The Keystone's
licence has expired, and a renewal
of the licence lias been refused.
RESULTS OF SALES.
The mortgage sale of kula and
kalo lands at auction, by Jas. F.
Morgan, last Monday, at noon,
amounted to $2,090.
The sale of real estate, by tho
same auctioneer, at noon of the
same day, situated at liana and Na
hiku, Maui, and belonging to the
estate of the kite A. Unna, amount
ed to $2,800 ; the land and lenses
bringing $2,400, and the 50 head of
cattfo $8 a piece. The cattle were
brought by Mr. F. Witrof.
WHO IS HE ?
Wo is tho Portuguese "person
, age" who constitutes himself an
authority for tho information, which
is not true, that the Portuguese
come hero with the premeditated In
tention of serving only one labor
contract on the plantations and then
l'eavo for the Pacilic Coast?
Tho Pioneer Bteiun Candy factory
does not boll (imported) Stale C'hoco
juto Creams for honiu-u)ado,.hut its
. pwn fresh and auporjor articjo niado
hy J?; IIokn, the pnly Practical Con
fcptionor jn Ilonojuju, whoso Chal
lenge Ijis would-bo eoiujietftor daro
not accopt, 62.
WHALING OH LAND.
They woro talkinn about "llshy
yarns" told by whaling captains,
last evening, when one of tliuin said
that ho had caught whales by hind
as well as by sea ; and thai was not
all. lie told of follouing up a fine
whale for months, and after many
interesting adventures, succeeded
in capturing her, and to make sure
of the prize he put his arms around
her She is his wife and her maiden
name was Whale.
For a cool, delicious hovcrago, tiy
C. J. McOaithy'fi Milk Shake.
Editor Duixttix: Just a few
words in regard to "Spectator's"
criticism of my bad English.
It is not that I care much whether
or not "Spectator" thinks me in
capable of spelling English correctly,
nor whether I have any know
ledge whatever of grammar and
rhetoric, but my only object in
answering him is to point out the
very uninteresting smallness which
he displays by "trotting out" cleri
cal errors, instead of my argument.
All this smacks of personal spite.
If "Spectator" has an axu to grind
with me, I would be much obliged
to him if he would "tiot out" his
grievances in a more non-Honolulu
style, which some good people
would call, not alone unmanly but
senseless. John F. Smith.
SUPREME COURT-IN CHAMBERS-
the coxsrntACY case.
The case was resumed at 1 v. m.
yesterday, W. S. Luce was arraign
ed on a charge of conspiracy : that
on the 28th day of January, 1887,
ho with one A. B. Haley, did con
spire to defraud the Government out
of certain duties to tho amount of
8300, by falsely representing to the
Customs olllcials that the liquors
called for in the order were for the
private use and consumption of one
A. do Souza Uanavarro, then Portu
guese Commissioner, aud that upon
said order the said V. S. Luce did
obtain from the Custom House
liquors, the duties on which would
have been $501.13, and placed to
the credit of the said A. B. Haley
the sum of 300, thereby fraudu
lently cheating and defrauding the
Government out of the said 301.13.
The Court asked the Counsel for
defendant if he was ready to plead.
Mr. Ilartwell stated that ho was not
prepared to advise his client about
pleading, as he had come to argue
the motion to quash the search war
rant. The judge . said tho search war
rant was not yet before the Couit.
He was in doubt whether it had any
thing to do with the case, lie alto
wished tho counsel to understand
that the defendants were not on
truil for an offense before the Su
preme Court, but were before a
Mr. Ilartwell uiged that tho
Court should hear argument on the
motion to quash, before thoAttor-ney-Geneial
brought in his evidence.
If the Court waited until then the
mischief they were trying to avert
might be done.
Mr. Hatch argued that the mo
tion to quash the search warrant
was not a matter of evidence, cither
as to tho guilt or innocence of the
accused, but simply to slop process
of the search warrant, that instru
ment being illegal and unconstitu
tional, lie submitted that counsel
had a legal light to be heard as to
whether or not the Marshal shall
retain tho custorij' of the hooks
taken under tho wan ant. Have wo
not a light to be heard before tho
Attorney-General sees (it to produce
the books in Court? Ho contended
that his client could not be depiived
of his property without being heard.
The Deputy Attorney General
stated that it was piematiirc all
this talk about tho legality of tho
warrant. If the warrant is illegal
they havo their remedy at law in an
action for dumages.
Tho Attorney-General thought it
a rather queer pioceediug to take
away from tho crown the evidence
legally obtained, thought it unrea
sonable for the motion to bo sus
tained at this time, and asked that
it be dismissed.
Tho Judge still thought that there
was ilo motion bcfoie him.
Mr. Haitwcll said there was a
motion before tho Couit, and the
Court has jurisdiction to hour the
argument. If one's books and ac
counts can bo teized in order to
procure evideuco against him on a
criminal' charge, aud hut counsel
cannot bo heard before tho books
havo been used, to argue that tho
seizure is unlawful, he would never
have tho honor to appear in tho
Court again, for lie should rcgaid
this as a kind of tyranny, and did
not believe It to bo tho law.
The Judge stated that strong lan
guage wn not, argument". Ho
wanted to hoar the nrg'iiinu'iits and
points wiy' tjp motion should bo
Mr. Hutch ailccil if they had npt
a right to lllo a motion against any
process, f wo aro entitled to filo
u mqtion, wo certainly should havo
the right tQ be l)card on that inotipn.
The Judge sahl, your argument
Tho Arcado-EGAN & CO.
Full Dress White Ycsts.
then, should the Court decide in
your favor, is that the books bo re
turned to tho ov.ner, and thus de
prive) the Crown of tho evidence
said to bo contained theiein.
Mr. Hatch held that tho rights of
individuals could not be violated
with impunity, and our argument is
that wo mny be greatly wronged by
Your Honor not hearing the argu
ment on tho motion. Where is the
wrong committed by considering the
motion V He asked tho Judge to hear
the argument in favor of the motion.
Mr. Neumann said that the Judge
was not sitting as a Committing
Magistrate, as the question now be
fore the Court was a motion to
quash a search wairant, issued by
tho Chief Justice, and there was no
one to commit.
The Court decided to hear argu
ments and take the matter into con
sideration. Mr. Hatch picscntcd the argu
ment from the statutory standpoint,
and Mr. Ilartwell from tho constitu
tional. Mr. Peterson leplied to the statu
tory and Mr. Ashfoid to the consti
tutional. The Judge then took the matter
Mr. Ash ford asked for a remand
in V. S. Luce's case, until Monday,
in order to obtain the evidence of
the Minister of the Interior for the
Tho request was granted and the
Judge arranged to meet the lespect
ive counsel at 11 a. ji. to-day.
The Court resumed at 11 a. m.
this morning, when Chief Justice
Judd gave his decision in regard to
vacating the search warrant.
opinion or Tim cmnr .iustici:.
The case stated briclly is this : A
scaich warrant was issued by me on
the allldavit of the Attorney-General,
the object of which was to pro
cure the books of account of the ac
cused with the purpose of using them
as evidence of certain transactions
which it is alleged will show a con
spiiacy between the accused and
another to defraud the Hawaiian
Government of duties on imported
I think a cursory reading of the
statute defining and authorizing the
Writ of Search Warrant, Chap. -18
of the Penal Code, would give the
impiession that it could legally be
used for such a purpose.
Section 3 of the Act defines the
purposes for which this warrant can
be gianlcd and among them is this:
" To discover articles necessary to
be produced as evidence or other
wise on the trial of any one accused
of a criminal offence," and it might
be said that as the books of the ac
cused aio "ai tides" ajid arc deem
ed "necessary to be used as evi
dence" tho statute applies.
After hearing argument and hav
ing taken time to rcllect upon it, I
have come to the. opposite conclu
sion. I think the true meaning of
this clause in the statute is that in
order lb authorize the seizure of
"articles" to be used as evidence
the "articles" themselves should be
evidence, that is, that they should
form a part of the corpus delecli;
as, lor example, tne weapon by
which a homicide was committed, or
the bloody clothing worn by the
victim of an assassin, etc., these
forming a class of articles distinct
from those the hare possession of
which is criminal, as for example,
the implements and material for
making countctfeit coin.
The mere possession of a weapon
which could produce death is not
criminal, but if such a weapon has
been used, as the instrument 1)3 which
a minder was effected, and it is ne
cessary that it be used as evidence
on the trial.of the person accused of
this murder, a search wairant can
issue to nblain it.
But in the case before mo the
books of accounts as articles, that is
as mateiial objects or chattels are
not evidence to bo used. They nig
desiied by the prosecution for the
recouls they contain, that is, for the
entries of certain transactions, which
will havo to bo testified to and read
in order to bo evidence.
These transactions, if tlioy have
occurred, could be testified to by
witnesses if there were witnesses to
the transactions (even if not record
ed). Tho books and accounts arc
merely bticcint registers of the tiuns
nctions themselves. In this view I
am of tho opinion that the search
warrant was improvidently issued.
Thcro is much force in the argu
ment made by counsel for the de
fendants that Sec. 2, defining search
wan ant limits this process to the
searching for in tides illegally ob
tained or detained or which are
kept for the purpose of using them
I think, however, that this section
is a mere definition, and that a war
rant might issue to obtain an article
necessary to be produced as evi
deuco against u Ihhd party, from
tho possession of one o js'noj. the
It may bo said that tho withhold?
ing from Ilia prosecution pf sucli nn
article is illegal, thqt is, it is an of
fense against Hip Uiw. liut from
such an examination of our Pcnnl
Code as I havo been able to make I
cannot find that such an apt would
bo punishable, aud I am not willing
to Hay that a sea.rcl( warrant could.
Iiofc bp applied to suoh a purpose,
for otherwise, an offender could
deposit with his friends the indicia
of his guilt and they be protected
in these nets. In such case the ex
amination to be made by tho magis
trate of the person in whose posses
sion such articles arc found would
he for an explanation as to how they
came into his possession.
A further objection is made to
the scaich warrant in that it docs
not order tho arrest of tho poison in
whoso possession these ai tides
should be found. I think this is
sulUcicntly complied with by the
warrant of arrest which was issued
Having found that the statute
which is invoked for the issuing of
this search warrant docs not author
ize its use for the particular pur
pose for which it was asked, it is un
necessary for me to decide whether
it is inhibited by the Uth Arliclo of
the Constitution which prescribes
that no otic shall be compelled in
any criminal case to be a witness
against himself. I meroiy remark
that. I ain still of the opinion that
where a constitutional question is
raised, if the Justice before whom it
is raised has grave l casons for be
hoving that the procedure or act in
question is forbidden by the consti
tution he should reserve the ques
tion for the consideration of the
Court, otherwise serious rights of
tho Government might be lost as the
prosecution cannot appeal. '
There remains to bo determined
the question of practice, as to
whether I am authorized to
quash the search warrant in advance
of the articles for the production of
which it was issued, before offered
in evidence against the accused.
It is to me a novel request and no
precedent for it is shown by de
fendants' counsel. It is certainly
unprecedented to ask a Court when
the acccused has not been brought
before it, to ask that a process of
the Couit which is auxilliary to the
proceeding against him, should be
In the cases I have had access to,
viz. U.S. vs. Bryd 110 U.h. GIG, tho
Court held that the inspection by
the District Attorney of the books
of tho accused, which was a com
pulsory productiop bj' him of evi
dence against himself, and its ad
mission in evidence were erroneous
and unconstitutional proceedings.
So in Commonwcath vs. Dana 2
Metcalf 333, tho rearch warrant was
offered, in evidence by the prosecu
tion "to the admission" of which
the defendant's counsel objected, on
the ground that the same had been
issued improvidently and was void
in law," and the Court first proceeds
to discuss the question whether the
seaicli for lottery tickets tho posses
sion of which with the intent to sell
them was a violation of law, was
such a "reasonable seaich" as was
authorized by the Bill of Bights.
I still think that the motion was
prcniatuio and though L allowed
argument on the main question as
to whether the seach warrant was
authorized before this motion was
decided I did so for the con
venience of myself as well as of
counsel. I do not hold it correct
practice to ask the Court to vacate
its process before the defendant is
before the Court and before the evi
dence which is urged to have been
illegally obtained is offered.
I think that although -there is
much authority for the position that
when papers arc offered in evidence
tho Court can take no notice how
they were obtained, whether law
fully or unlawfully, nor would it
form a collateral issue to determine
that question, the later cases arc
against this view, viz. : the case
cited from 110 U. S., and the leoent
Anarchist Case. Spies vs. Pcoplo
of the Stale of Illinois, where the
Couit contemplate that objections
should bo taken at tho trial when
tliis evidence is offered.
I think the examination must pro
ceed and, having reached the
conolusion that tho books of ac
count procured by tho search
wan ant can not be received in
evidence, I will order them back
to the possession of tho defend
ants, if offoied in evidence, nnd
if not offered, will make the same
order at the conclusion of this ex
amination. I'ho Attorney-General and A. P.
Peterson for prosecution.
Messrs. A. S. Hartwell, F. M.
Hatch, W. A. Whiting for defend
ant. Honolulu, March 13, 1888.
Hex. vs. G. W. Macfailane ct. al.
The case being similar I make the
P. Neumann and F. M. Hatch for
The Court then ordered the Mar
shal to remove tho seal from tho
safe of G. W. Macfailaiio & Co.
Tho accused were tlien arrajgned,
and pleaded not guity fl thp
The trjal of Mr. G,. W. Mcfar
laup Wqs resumed n, it. jj., iiul
Mr. W. S. Llco was rpuwidpil to
appear pp. Mpmlny nex.1 at 10 ,. 41.
R YAW'S BOAT BUILDING
SHOP, Uciir of Luta' Mill.
rv HE'DAILY BULLETIN i n llvo
evening pawur. 0Q cents per month,
HPHE PEOPLES' PAPER-Tho
JL Dally Bulletin 00 cts per month.
DAYID DUDLET FIKMJ WANTS INDIAN
NAJir.8 FOU NHW STATUS.
Washington, Feb. 15. David
Dudley Field was before the House
Committee on Territories this morn
ing to protest against the retention
of certain of our Territorial names
when the Territories to which they
belong shall become States. On
general principles he held that a
country so rich in Indian names as
this, ought In no case to pcipcttialc
European names, and he cited New
York as about the worst designation
that could have been given to a
State. The only thing he cherished
against the memory of Mr. Lincoln
was tho fact that he admitted a
West Virginia when he might have
had a Cumberland or a Kauawha.
lie protested against North and
South Dakota as unnecessary and
confussing. He objected to New
Mexico because it was meaningless,
except as a remnant of Mexico.
He suggested instead Montezuma,
holding that tho personage of that
name was the greatest of our abori
ginal chiefs and deserved to have
his mcmoiy perpetuated. He pio
tested against Washington, as like
ly to lead to confusion, and suggest
ed Tacoma as both euphonious and
CHAS. J. FISH EL has iccelvcd
ex Australia the latest Ptle of
ladles untihiinicd hat, also a line line
of children's letioi n hats In different
shapes. Call and sec them. 87 lw
GET SOME Genuine Ohlfasliloned
Butterscotch Cindy, at the new
Candy Factory ! "Yunil "Yum!"
"ORESH, HOME-MADE WAL
JL nut creams leduucil to 30 cents
per w holo puuiiil. nt tho Pioneer Steam
Candy Factory and Uakcry, Hotel, be
tween Nuiuinu and Fort streets. 71
FRESH, HOME-MADE CHO
colnto and Cocoa nut Caramels ic
ducctl to 30 cents per whole pound, at
the Pioneer Steam Candy Factoiy mid
Uakcry, Hotel, between 'Niuiaiiu and
LjMNEST BRANDS OF CALI
JL forum Port, Madeira and Malngu,
for sale in keg and cue by
yONSALVEh & CO.,
01 Queen street.
PURE, FRESH, HOME-MADE
niul Vanilla Chocolate Ciemns(dc
llclous) reduced to :10 ecnts per whole
pound, at the PioKr.EU bTEAM Candv
Factoiiy Am Uakeuv, lloir.r., m:-
TWCEN NllUANU AM) Four STHK1'.TS.
9 NICE LARGE FURNISHED
aj looms, No. 4 Gnrdcn Line, the
second door from Union street. Apply
on llu premises. l if
CLEAN RAGS ana second hand
clollilng will ho gintofully receiv
ed for tlio use of Ihe Inmates of the
liniucli Ho;pitul for Lepers al.Kukaalco,
or nt Hie Leper Sdtlment on' Molokai,
if left with J T. Waterhoiisc, jr., at the
Queen Street Store. t&f tf
MISS. P. TIIIEJLE,
On Bcrctniiln street near Piikoi.
(Formeily McGuiru's House,)
Kindergarten & Elementary,
Dally & Boarding School.
Also, French and German taught, acd
.Music Lessons given,
A safe convpynnco will call for and re
turn children living at a distance.
72 Minimi Telephone No. fiOl. film
JUST received a ficsh
lot of these interest.
Ing littlo animals. Pure
hired. For snlo with
M. A. GONSALVES & CO.,
85 tw .r),r)itri7 Ho'ol i-trcet.
MESSRS J. E. BROWN & CO.
JLTX Aro aiilhoiked to nlli'ct fortl o
Honolulu Juno Ptli. 1887. fl7
jiiht ki::i:ivj:i at
SOPER'S Book & News Depot,
GtASKELL'S Compendium of Social,
T Legal, Educational and Coininei
HILL'S Manual of Social and Itu-i-ness
CHARLES DICKEnV Work-complete
in lfi Vol. cloth.
SCOTT'S Waveily XovcU completn hi
12 Vols. cloth.
HOUSEHOLD EDmON-Cooper's Sea
Tale-First Edition, ft VoIh.
BRYANT U STRATT0N High School
TfTHITTAKEn'S Almaunc foy 1S8,
rpENNETT'S JfuHtUMlAlnmMup for IbSfl,
rpniRD. EDITION Heed's Stamhud lu
X (nutty Tactii'.).
THE FAVORITE Oveiluuil Slall Note
I A0IES' Imperial Aitlstic Stationary.
LETTER and Xoto blo Favoilto Ulotter
Willing Tablets (neat).
! 1 -""
I' ATEST Novelties in Fancy Ten
MELE HAWAII-SOO copies No. 2
Alpha Oo. ' " 85 lw
63 & 65 FORT STREET.
.JUST RECEIVED A LAKOE INVOICE
: OF :
LINEN LAWNS W NEW DESIGNS !
: AJ,S :
Ma Linen anil EiroiM Swisses,
Black BricaML SI at Low Prices.
N !C V l AI rOUTATIOX
: HAS .TTJST RECEIVED :
Dupeo Hams & Bacon, Kits Salmon Bellies, Kits Mackerel, Kegs
Beef, Kegs Pork, Smoked Halibut, Extra Select Oysters, Salmon,
Cranberry Sauce, Boston Brown Broad, Table Fruits, Germea,
lluckins & Franco American Feed Co.'s AssortM SonpH,
Ridges Food, Imperial Granum,
Gem, Graham Wafeis, Oaten
u-acKcrs, Ginger Wafeis, Chocolate Wafers, Pretzels, Prunes,
Dates, Nuts, Apples, French Peas. Pop Corn, Garden Seeds,
Wheat, Flour, Butter, Honey, Plum Pudding, etc., etc., etc.
And a General Assor't of Staple & Fancy Groceries, at Prices to Suit the Times.
BSr Leave your outers, or ring up 119. -a
HONOLULU PIONEER STEAM
F. HORN, Proprietor.
PRACTICAL CONFECTIONER, PASTRY COOK AND
(ESTABLISHED 1863. J
Having not only a six years' but over a half century's prac
tical experience in till and every branch of
OF THE RICHEST QUALITY,
Of all sizes, always on hand or made to order and orna
mented in the highest artistic style, defying all
other production in Honolulu.
SHonoluln: Hotel St. bet, Fort & Huiianu; both Telephones Ho. 74$
NT ONLY PURE "8 .
Made of the celebrated CREAM of the Woodlawn Daily,
sold at the great reduced price of
S2.CO! S2.00! $2.00! S2.00! S2.Q0!
PER GALLON-HONEST MEASURE
AT THE "HONOLULU STEAM CANDY FACTOIIY
CAKE, AND DKEAD BAKERY,'
SSAs 801110 evil disposed persons who arc openly bonst
jliff of the Intention of ruining my business and villanouslv
tulsofyuig my GOODS and ICE CREAM I will forfeit
?r! X tl,,yA,?rs.on wll wiU l)rove ,y alyms that my
lyiu OltliiAM is not strictly pure although sold cheaper
watlll IJ 1M1UIU VIDVJt
:- BEWARE OF FALSE
Practical Confectioner, Pastry Cook & Ornamcnter
Both Telephones Xo. 7J, Hotel St. bet. Numuiu &FortSt
70 Itu, ' - , '
TorcIoM Laces !
83 & 65 Fort street.
Opposite Irwin & Co.
Rolled Oats, Breakfast Food,
Vafcrs, Snow Flake & Cream