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DAJLiX HUJLLifiJTJJN '. HONOLULU &., I, JULY 13, lt&
FRIDAY, JULY 12, 1889.
Btmr .las Msikcc from Kauai
Schr T.uku from Kohala
Schr Leahl from Kohala
Schr Haleakala from l'epeckco
llktne Plainer for au Francisco
btmr Klnun for llllo and way ports nt
Sttnr iMl- Bishop for Walanac, Wulalua
antrRbblaii at 0 a m
Schr Waimalu for Puna
Stuir J A Cummins for Koolau
VESSELS LEAVING TO-MORROW.
Stuir Iwnlatil for Lahalna and Ilama-
kua at 8 a in
Uk W B Godfrey for Sau Francisco at 3
For San Francisco, per bktue rianlcr,
July Vi J Koblnson aud wife, and J
For San Francisco, per bark S C
Allen, July 11-A B Kerr, W It Cuth
bcrt. Per 8 S Klnau, July 12th-For the
Volcano: Mrs 1'luney, Pi of A 1$ Lyons,
Miss Pepoon, Miss Davis, Miss Mo
Candless, J McCaudlcss, Mrs l'crry
and daughter, Helen Wilder, lor way
ports: Bishop of Honolulu, Miss Lyons,
F M hwanzy, Mrs A B Lyons and child,"
Miss Mary Ulii, Mls llattlu Brown,
Miss M J Smith, O II BUhop, II Mi-t,
O Itiagiilre. Palmer Woods, Mist Silva,
Miss ulllnger, Misses llartwell (2),
Mrs Wodcliousc, O Bose, W w Gilmer,
Misses ury aud t lam Low, Mrs Na
liaololua, MUsStel a Knaiia, Miss Shaw,
Mas era Parker (;t), Mrs T W Everett,
Miss llatinah Low, Miss rltzsimiuoiis, )
T Baker, Hon C F nd Mrs Homer,
Chung L'ung. Mrs McLennan. C L
to ight, Mrs Knigur, Mrs Maehado, Mrs
Ilolliiigur and 2 children, Chin Waa.
From Kauai, poi James Makcc, July
12 Chong Wey aud 7 deck.
The .lames Makec brought 2,409 bags
of sugar tills morning.
I The barkentiue Planter, Capt Dow,
took to Sau Francisco this morning
14,88 ' bags of sugar, weighing 1,774,
03) pounds, and valued at 8i07,fi 6.
(. The burk S . Allen touk to San Fran
cisco July 11th, 19,250 bags sugar, 1.080
bld-s aud 1,200 skins. Domestic value
The Likclikc is due to-morrow morn-
flic J A Cummins brought July 11th,
1.212 bags of sugar and the schr Luka
The Iwalanl sails at 8 o'clock to
morrow morning for Lahaiua, Ivukul
liaele, llonokaa, Paauhati, Paauilo and
AUCTION SALES TO-MORROW.
BY I.. J. LEVEY.
At 12 o'clock noon, at Fish Market
wharf, the British composite barque
Pak Wan, copper fastened, 819 tons
The Hawaiian Band will give a
public concert this ev.ening at
Thomas Square commencing at
7 :30 o'clock. Following is tho pro
Overture Fra Diavolo Aubcr
Mari.li Tanuhauscr Wagner
Waltz Blue Danube ; -trauss
(selection Maiitaua Wallace
MiUnolia. Aina Hau. Kokulil;
ritT ii. '
St'lectlou Barber of tievillc . . .Itossini
Fantasia Forge in tlm Forest
Patrol Turkish Mhhaelis
.Galop -VIvat Rikoff
Tlie closing i xercises of the above
8cliool will be held on Thursday, the
18th inst., commencing promptly at
2:30 p. in., with recitations and
singing. For tiie past few weeks
the singing has been in the hands of
Mr. J. W. Yarndlcy. The new
schoolroom will accommodate a large
audience. Bishop Willis iiopes that
the parents anil friends of the schol
ars and all interested in education
will accept this notice in lieu of
further invitation. The athletic ex
ercises commence about 4" p. in.
The Oceanic Company in San
Francisco has received from Cramp
& Sons of Philadelphia four manga
nese bronze blades for a new pro
peller for tho steamship Alameda.
The blades weigh 3, ICO pounds
each being 1,240 pounds apiece
less than the blades of the pro
peller now in use. This will make
a difference of about two and a half
tons in tho weight'of the two wheels.
The blades will be shipped to Sydney
on the Alameda on her next trip
out, and the steamer will go on the
dry-dock there to have them put hi
position on her shaft.
It is the intention to increase the
revolutions of her screw ten per
minute, gaining thereby an increase
of half a milo an hour in her speed.
At the same time the consumption
of coal will be about 20 per cent,
Fuiday, July 12th.
Lui and EmtnaTrask were charged
with fornication. The former was
sentenced to eighteen months im
prisonment, the latter being dis
charged. Ah Jock and Kaluu (w)
for (he same offense were each fined
Apo' was. lined $5 with SJ.40
costs for disturbing the quiet of tho
Jphn Wyi forfeited 80 ball for
LOCAL & GENERAL NEWS.
Mn.' Levey sblls tho barque Pak
Wan at noon to-morrow.
WiLDKK it Co. have Portland ce
ment for salo at a low price.
The band gives its final moonlight
concert nt Thomas Square this even
ing. Mn. Levey will hold a sale Satur
day evening iby order of Egan fc Co.,
at their store.
The band will play at tho baseball
match to-morrow afternoon, instead
of Emma Square.
A duay broke down this morning
on King street near Fort, delaying
Iho tram cars somewhat.
Wm. Manzal,'Eiiiniii Btrcet, is mak
ing picture frames aud other articles
mounted with lava and Pele'a hair.
A i.akoi: party of young people
wero out bathing at Waikiki last
evening, taking advantage of tho
Six shares of P. I. fc It. Co. have
been added to tho list ot slocks to bo
sold at auction by . Mr. Levey on
A musical and dramatic entertain
ment will bo given by tho pupils at
St. Louis College, Thursday evening,
The game of baseball to-morrow
at Makiki will be between tho llono
lulus and Hawaiis, commencing at
3 :30 o'clock.
The bark W. B. Clodfrey nails for
San Francibco at 3 o'clock to-morrow,
a mail closing for her at tho
Post Office at 2 o'clock.
Head the Tramways Co. time-table
in another column with regard to ex
tra trips on Saturday and Sunday,
and an early car from Waikiki.
As will bo seen from our shipping
column a largo number of passengers
left for the volcano and way ports on
tho steamer Kinau this afternoon.
The steamer Kinau on her next
trip will arrive in Honolulu, Sunday,
July 28th, instead of Wednesday,
July 31st, on account of going on the
The regular monthly meeting of
the Hawaiian Mission Children's So
ciety will be held to-morrow, Saturday
evening, at the residence of Mr. J. T.
Waterhouse, Jr., Nuuanu Valley.
Mr. G. W. C. Jones, who was ap
pointed Secretary of the Board of
Health the other day, resigned the
position this morning, tho duties
being rather more onerous than he
The Planter took to San Francisco
this morning from the Post Office,
172 letters and G7 papers. This
makes 1682 letters aud '157 packages
of papers Mint away this week on
Notwithstanding the rain there
wu9 a fair-sized audience at Emma
Square at the band concert last eve
ning. The selection from Patience
was finely played, and the band had
to repeat tho "Comical Contest."
Betides its monthly business meet
ing, the Hawaiian Camera Club will
hold an informal meeting every Fri
day evening, There will be one such
this evening. Members aie much
pleased with their new quarters on
Ario, the Chinaman who has been
lone; in charge of the' Nuuiinu ceme
tery, died yesterday of cancer and
was buried" at half-past two o'clock
this afternoon. Ho was about 50
years of age, lias been faithful and
much liked in his position, and will
bo greatly missed therefrom.
Those persons: who are thinking
seriously of purchasing a type writer
should call at the stoic of tho Ha
waiian News Company, and examine
the new model of the Crandall ma
chine. There are many features in
this type writer which gives it super
iorityovcr others. Hiop in and see
The report given in this morning's
Adcrtiser, Hint, the man shot at
Waialua was dead, is without founda
tion. Mr. Robert Halstead telephoned
down at nine o'clook and found that
tho man was alive and doing well.
Ho is not going to appear against
the shooter, as he lias no .doubt the
affair was an accident.
Folloavjno aro the new officers of
tho Hawaiian Carriage Manufactur
ing Company elected at u special
meeting held Thursday :
President B. F. Dillingham
Vice-Prebident Jag. G. Spencer
Treasurer Geo. Dillingham
Hon. W. O. Smith retains the office
EVENTS THIS EVENINC.
Servico at St.Andrcw's Cathedral,
I) Honolulu Killes, at
Hawaiian Council No, G89
Pacific Degree Lodge. No.
of If., at 7:30.
Moonlight concert at Thomas
Square, at 7:30.
BLUE RIBBON LEACUE.
A Bluo Iilbbou entcitaiumcnt will
he given in tho Y. M, C. A. Hull on
Saturday evening at 7:80 o'clock.
Seats free, and everybody welcome.
The programme will be as follows:
Piaiio Solo ,,,.,Misj B B Jliinijud
Heading Mr, J N Keola
Song Mr. Arthur 'Hubs
Reeltat Jon M aster Charlie Hyde
t,11a Miss Mabel Rhodes
Juet Miss Dora Dosett
Addrts Mr. S. I. Fuller
THE NOLLE PROSEQUI CASE.
Ilrlef or A. N. llnrttvcll, Connect Tor
In the Supreme Court of the Hawai
ian Islands, July Term, 1889. The
King vs. Robertson, indicted for
assault with a deadly weapon, etc.
The Attorney-General having nol.
pros'd the case, and tho defendant
by his counsel being prcsctit in
court, and consenting thereto, the
Court said that its consent was re
quired, which it refused ,to give.
Later on the Court declared that it
would hear argument on the ques
tion of the right of nolle prosequi,
aud it is on that question that coun
sel for the Attorney-General now
1. Tho Attorney-General nnd his
counsel claim that it is the unquali
fied, exclusive and absolute right of
tho Attorney-General, upon his of
ficial responsibility, for the discharge
of which ho is not responsible to the
Justices of this Supreme Court, to
decide whether he will or will not
prosecute indictments as well after
they are found, as before. The ex
pression nol. pros., or more fully,
diclt nolle prosequi, means that tho
Attorney-General says that he will
not prosecute. In such case, who
can make him prosecute? It is an
absurdity in terms to say that he can
he forced into tho prosecution. No
writ, process, order or rule of court
known to the law can be suggested,
having such effect. It would assign
to the Court the duty of a prosecu
tor, contrary to all imaginable theory.
The Court is not tho guardian,
protector, or enforcer of tho rights
of the Crown or Government, or, to
use the American and popular ex
pression, of the people, but only of
the parties brought before the Court
iu any particular case. If the Attorney-General
discontinues a prose
cution after a jury is impanelled and
sworn, or later still, after the case is
submitted to the jury, or even after
a verdict or guilty is rendered, tlio
Couit has only to say whether such
discontinuance, if opposed by the
defendant, shall operate as an ac
quittal. The statute provides that before
the indictment is found, the defend
ant maj at anytime be released from
custody and from the charge pend
ing against him, upon the Attorney
General filing a certificate with any
Judge of the Supreme Court that he
declines to present an indictment,
the Judge being required thereupon
to order the discharge. In such cases
no reasons are required to be named
by the Attorney-General for his
course, and the statute leaves no
discretion to the Judge, but to order
the defendant's release.
The only reference which the stat
ute makes to releasing a defendant
without trial and after indictment
found, is that a failure to prosecute
at the term next ensuing (unless the
cause shall have been postponed, or
the venue be changed, by the Com t),
''shall operate as an acquittal of the
accused, and the court shall order
his discharge from custody."
No order of Court can prevent
such "failure to prosecute," whether
it result from want- of testimony,
lack of preparation, or from Uncon
sidered, or well considered, from
good or bad reasons on tlie part of
the Attorney-General. He is not re
quired to give any reasons for not
2. The duties of the Attorney
General as defined by the Act of
July 27, 18GG, require htm to appear
personally or by deputy in courts of
iccord in all Crown or Govern ncnt
cases, and to bo vigilant and active
in detecting offenders against the
laws, and to prosecute the same with
diligence. Tlie Constitution makes
him a member of the Cabinet, and,
as such, one of the lung's special
advisors in tlie executive affairs of
tlie Kingdom, removable only upon a
vote of want of confidence, or upon
conviction of felony, and subject (o
The Constitution, Article 20, de
clares that, "the Supreme Power of
the Kingdom in its exercise is
divided into tlie Executive, Legisla
tive and Judicial. These shall al
ways be preserved distinct."
If the Judicial Power can be ex
tended to requiring the Attorney
General, the head of one of the ex
ecutive departments, and a special
adviser of tiie Sovereign, to prose
cute any specified, case on penalty
of fine or imprisonment, this would
not permit tlie exercise of executive
and judicial powers to bo preserved
distinct, it would annul tho discre
tionary and voluntary exercise of
executive power, as far as the Attorney-General
is concerned. That
officer is liable to lose his office if
convicted of felony, impeached, or
if the Legislature ahull vote want of
confidence iu him ; but in no other
wuy can his official conduct or mis
conduct be controlled, except in
case of his committing u criminal
Whether, as used to be claimed
here, Ciown cases always have pie
cedenco to civil cases on the calen
dar of Court, or tho Court may direct
the order of trials to suit its own
views, is irrelevant to tho question
under consideration. Whether tho
Attorney-General shall or shall not
be vigilant in detecting and prose
cuting offenders,the public will note,
and, by their votes ut the polls, and
by their elected representatives in
tlip legislature, will decide. But
sueli decision is not entrusted to the
3, TI)o cjcclusivo power to nol.
pros, a case at any timo heforo a
jury is sworn to try it, rests with the
Attorney-General even i( the defend
ant objects, acoordinj to the &w as
lftld down by English nnd American
text writers nnd Courts certainly in
England since the days of Charles
"The King's Attorney qui sequitur
prodomino rege, may enter an ulter
ius non vult prosequi which hath the
effect of non suit."
1 Coke Litt. 139 b.
"For obvious icasQns tho func
tions of the Court and prosecuting
officer are entirely distinct. The
Couit cannot usurp the duties of his
office and say what cases shall and
what shall not be prosccoted. The
law has lodged that duty with offi
cers selected for that special pur
pose, and who arc responsible for
the manner in
which they perforin
Smith J. in Stnte vs. Tufts 56
"Certainly the Court is not legal
ly competent to give any advice on
this subject. The power of enter
ing a nolle prosequi is to bo exer
cised at the discretion of the at
torney who prosecutes for tho Gov
ernment, and for its exercise he
alone is responsible."
Conim. vs. Wheeler 2 Mass. 173.
(Conclusion next issue.)
THE ROBERTSON CASE.
The case of the King vs. J. It.
Robertson, assault with a dangerous
weapon, came up for trial in the
Supreme Court this morning, Mr.
Justice McCully presiding. It will
be remembered Hint the defendant
was tiied at the January term,, the
jury returning a verdict of guilty,
but later n motion for a new trial was
made and granted owing to miscon
duct of two of the jury.
The following jury was drawn:
Geo. Lucas, jr., 1). T. Bailey, C.
W. Grey, E. C. Kowc, F. D. Wicke,
John Grace, J. E. Bid well, E. O.
White, J. II. Fisher, J. A. Gilman,
J. V. McDonald and E. L. Lewis.
Deputy Attorney-General Peter
son and W. A. Whiting appeared
for tlie Crown, Messrs. Paul Neu
mann and A. S. llartwell for the
Mr. Whiting stated briefly the
charge against the defendant.
Mr. llartwell asked that the usual
question bo put to the jury as to
whether they had made up their
minds or had any prejudice.
The Court asked whether any had
sat on the jury when the case was
first heard. No one answering the
Court asked whether anyone felt
himself disqualified from sitting or
had expressed an opinion.
J. W. McDonald said he had
formed an opinion and expressed it
Ihe Court excused him and Geo.
Koch was called.
J. II. Fisher said he had expressed
an opinion. His mind was made up
from reading the evidence in the
first trial. If the evidence in this
case was the same as in the first, his
mind would still be the same.
The Court excused him aud called
E. C Kowc had formed an opin
ion which disqualified him from sit
ting. He had conversed with jurors
who sat in the first trial.
The Court excused him and Ellas
Peck was called.
Mr. llartwell asked Geo. Lucas,
Jr., if he had anything special to
say as to his sitting on the jury. He
said he had not.
After some argument by the coun
sel on the rights to challenge, Mr.
Iletiry Smith, clerk of the Court,
swore the jury in.
Mr. Whiting for the prosecution
then stated to the jury the particulars
of the case and what they intended
Tho first witness called was Dr.
George Trousseau, who before being
sworn made his usual request for
remuneration. lie said he had been
greatly inconvenienced by having to
conic into Court at that hour, leav
ing his office full of patients. How
ever, ho would submit respectfully
to tlie order of the Court. lie re
lated an incident where a doctor
went to jail for contempt, but he
could not afford to do that. No
compensation would be adequate to
his professional loss.
The Court sympathized with the
doctor but said it was helpless In
the matter of compensation.
The doctor then said he was ready
to proceed and, being sworn in by
tho clerk, his evidence was proceed
Up to noon the following witnesses
besides Dr. Trousseau had been ex
amined: Dr. Kobt. McKibbin, Mar
shal Sopor, Capt. F. W. Fehlbehr
and John Graney. At 1 o'clock
Angus Campbell was placed on the
A FRENCH ANNIVERSARY.
Next Sunday, July Mill, Is the
one hundredth anniversary of the fall
of the Ilastile. Mons. O. G. 11.
il'Anglade, French Commissioner
and Consul, will bo at home from
three to llvo o'clook in the afternoon
of that day.
SAVINGS I'uss Hook No. 378, of
Cluus!5prt'ckel8& Co.'s Huuk, favor
A, T. Tyler, having been lost or stolen,
all pcrdiins aiu. warned against nego.
timing the same,
289 2w A, T. TY1,T:R,
Lost or Mislaid.
OEHTI FIOATK No. 211 for 20 shares
Mutual Telephone Htock standing
in tho namo of O, K, SUIltnuu, on which
transfer lias been stopped. Finder please
return to Mr. O. K. Stillman or to tho
I Duu.ktin Ottke. 971d-93w.lt
WHAT is the use of paying 75
cunts, $1 and $1.25 for Boy's
Shirt Waists, when you can buy Jut ns
good a Waift for only Ti cents and M)
cents, at Clins. J. Flsliel's Lending MIDI,
nery Ilnuse. 20S 3t
Hawaiian Tramways Co.,
Extra Trips on Saturday and Sunday.
Llliha 8trect to Rlllo Ttangc 1:15
. m. and every Jf hour until 0:45 r. u.
Rlllo Hnngo to Llliha Street 12:42
. u. and every j hour until 0:12 r. u.
f"On and after MONDAY tie.it, tho
15th July, a Car -vill leavu WniklUl
overy inoruing i.ocp' Sunday, at 0:0".
Iu Quantities to Suit.
AT A LOW PI? ICE I
wilx:ie:r, sc Oo.
NBW Wllcor & Whito Parlor
Orcau with cielitstonq. Buitnliln
for Echool or church. A. fine instm.
ment. Apply at 57 Punchbowl street,
opposite W. P. Mission Institute. '27JI tf
Stables & Pasturage To Let.
EXCELLENT Stables con
tabling i;i Stalls, Cottago
and 7 acres Pasture Land, on
boutli strpi't, ue:ir King, formerly occu
pied by Mr. White, pioprietor of tlio
Pidama Bus. To let oil very moderate
terms. Apply to
J. 13. BKOWN & CO.,
255 tf 28 .Merchant street.
3 COTTAGES nnd Fremisses
on Kiinna street, at a rca-
l t-onablc figure. Apply to
J. M. JIONSARRAT,
Cartwright's Ulouk, Merchant St.
STORE TO LET
THE Store lntely occupied
by E. C. Rowe, Way's
Block, KhiE stroi't. at reason.
utile rental. Possession given at oucc.
l.r8 if J. G. ROTIIWELL.
FOR SALE or LEASE
LI OUSE and Premises at
lwtlc.i, Honolulu House
contains three lurce aud two
mull ioi.nis and hall and a large attic.
Cottage with three rooms on tlio pre
mists; cook mid halh.limise. Stable
will, thno stalls and carringo Loupe;
shade nnd fruit trees mi tlin premises.
Apply to J. M. MONSARRAT,
CartwriLht1!' Uloi-k, Merchant fct.
2!) I tf
C'ottace on Mcr.
street, near Aliu
CONVENIENT Rooms for
Vy busiiifss olllresor lodg-
nig apartments uu tlie second
tl or ovir the fruit store on King street,
uns ciiy, "uioue noiei rremiscs "
quire tit thu fruit store.
215 121 AH CHEW,
UIINISIIED Rooms to let.
convenient for a
would bu very
17 LEU ANT Residence in
11 I'auoa Valley, known as
tlio "liooth 1'remlbcs." Con.
tains I urge looms, parlor, dining nnd
four bed rooms, closets and modern lm.
nrovements and conveniences; out
houses and pasture For further parti
culars apply to
J. E. UROWN & CO.,
SOU lm 28 Merchant street.
THE 'Kmcrson Homestead,'
beautifully situated in
Waialua, Ouliu, II. I., com
a largo Iioueo with IU rooms,
itchen. pantry, barn, etc., 11 acres of
choice land now partly lu taro and other
vegetables, ami a rieli pasture ot U$
acres within hnlto mile. Pure water is
brought to the liooeo and grounds from
never failing springs, tlio supply of
which can be indefinitely increased in
quantity. There is a good carriago road
to Honolulu, 2 milt's distant, also to the
steam boat lundbig, less than half a
mllo dlstaut, wheto steamers from the
city touch three times a week. The pic.
turesepio scenery, fine climate and un
rivalled water priyllcgo uwko this a
most dnslrahlo place for a country re
treat and sanitarium. Terms moderate.
For further Information npnly to
J. A. MAGOOX,
257 tf Honolulu,
Carriage For Salo Cheap.
NBW Cntundcr Car
rlaue lust tlnishcd
and humUoiucly trimmed
in tlrst class slylu must he Immediately
sold to close an assignment, can be soon
at V. U. I'll go's carriage manufactury,
No. 128 Fort street,
HAWAIIAN 1IUSINK8S AGKNOY.
" TEMPLE OF FASHION,"
Over 1,000 Pieces of White & Fancy Embroideries,
Torchong Laces, Oriental Lacesf
Also, Large Lines of Lace Trillings !
WILL BE CLOSED OUT AT AN '
jfc3r Immense UEfcecluotioir Ml
Great-Bargains can bo obtained by calling at tho Temple of Fashion for the
The Sale will Commence Monday, June 17.
Dec-l-88 Corner Hotel & Forfc Streets.
75 & 77 Fort St EG-AN
Great Inducements Offered to the Public
The Balance ot Our Splendid Stock will be
Soltl during the Month of June '
AT -'25- PER -CEK9T- BELOW -COST
101) FOKT STREET, HONOLULU.
The ESenuf act
ss & r
Wholesale & Retail Boots & Shoes.
Correct Styles tfT Latest Designs ptMJA Prices.
B. I. EHLIES & CO.
EUROPEAN and AMERICAN
DRY and FANCY GOODS !
K. II. On
of our Drctiimakiiig K
& FORT STREETS.
& CO Honolulu, H. I.
THAN .EVER -:
urers' Shoe Go.
IX IS. Saill?!!, Ajrent.
jjjl aftor May 15th, MISS CLARK will have oliargo
. Aw uL wu&gitifc. . u . .