Newspaper Page Text
TUESDAY, JULY 1G, 1889.
Stuir W O Hall from Nuwnll anil Muul
Sltnr Pcle from Kauai
BUnr Koala for Kauai at 4
Stmr Wiilnlenlo for Kllaueu and Hanalel
at G p in
Stmr Llkollke for Maul ut 5 p m
Stmr MokolU for Molnkul nt fi p m
Stmr l.ehtia for Huinukua nnd llllo ports
'at 4 p.in
Schr'Mbl Wiihlne for Hntnukua, llnwnll
Sclir Surah & Kll?a for Koolnu
SehrMllc Morris ior Kooluii '
Sclir Mokuohifor Ewu
Sclir Kualokal for Eleolc
VESSELS LEAVING TO-MORROW.
SklpS F Horsey for 1'ugut Sound
For Kmuii per Jas Mukcc July 15
Fiom Muul anil Hawaii pur ktmrW
G Hall, uly W--J F lluekfeld, A S
"Wilcox, Col-Xinrls, T 0 Wills and
child, L 33 Mooes, Mls WhlMlcr, M K
"Wolfe, W D Klllutt, G B Thompson,
.r E Liggett, A Dwvcr, Or X I) limor
fon, J uTrcgloun, Bishop Willis. Ma
jor W U I oruwell, W A U.dley, Miss
lCcauit, S Iv.i7.au, F May, Ah Tat,
Aohong, l kit a ami 07 deck.
flfe'bktnc.S N Castle will leave about
Eatiiidny With sugar for t-an Francisco.
The Mol Walilne brought from llama
kua 2,1 U0 hags ruig.ir.
Thc'Millo Alonls brought July 15th,
310 bags of riee and the'Mokuoln 280
The Stmr Pelo brought -120 bags of
sugar this morning.
The W G Hal brought (i2iG bags su
ga, 103 bags awa, ''- bags coffee, 17
pkgs hides, 103 tmiuhlos, 2 horses, 13
ST. LOUIS COLLEGE.
Following is the order of the ex
aminations at St. Louis College,
commencing on Monday the 22d
Monday 8:30 a. m., primary
classes; .1 ). in., intermediate
Tuesday 8:30 a. m., grammar
classes; 1 p. m., high class.
AVkdsksbay 8:30 a. m., lan
guages ; 10 :30 a. m., military' drill ;
3 p. in., concert on the premises by
the college band.
-The parents of the pupils and
the friends of the college are hereby
cordially invited to attend theso
".The. closing exercises will take
-place at 3 p. m. on Friday, the 20th
instr, in the college hall. Owing to
the limited seating capacity of the
hall, tickets of admission will be is
sued to the patents of the pupils
and, to afejy invited friends
The pupils will give a musical and
dramatic entertainment, for the
benefit of the college, on Thursday,
the 25th inst., commencing at 7:80
Admission 50 cents; reserved
Tickets can be had at the college
or through any of the pupils.
Following is the programme of
tho closing exercises of the English
' Government school at Waihee,
Maui, to be held Friday, July 2Glh,
undeRthe direction of the principal,
Mr. H. Z. Austin :
Examination of classes in all
studies, including Higher Arithmetic,
Algebra, Physiology, History, etc.
Chorus Happy Greeting to all
Address of Welconio .James Kekila
Exercise Song 2d Grade Scholars
Dialogue; Going to School
Aoe .Wong Kong, Lowela Wiggins
Solo Tho Child's Story
-.. Emily SnfTrey
Declamation Tho First Speech
Chorus Footsteps on the Stairs
. ,, . .-.,. . : . ,-.- .'. School
Declamation Over the Hill to
tho Foorhouse. . . .Ella I'olianu
Song and Chorus Dip the Oar
' ' Willie Milk'ak6a 1st Grade boys
Declamation Over tho Hill from
tho Foorhbttse.Ohus. Kumukahi
Solo May Song . . Esther Kiilcikau
Tho-fieasous - i -
Krifmf Kaloikini, Mary A. Fnlikapu,
Edwin Napaelua, Abiaham
,'Duct Warbling Waters.. . .
Willio Makakoa, Geo. Kaleikini
Declamation Extract fiom De
,'' olaratiou of Indepeh'dunce
Solo Exhibition Song .Nohea Hao
.Declamation How Fetorkiii Sav
ed his Native Land
Duet Nymphs of t,ho Ocean
. . Spray . - . ...
Charlotte Uobinton and Libbio Na-
Declamation Curfew must not
JUiig To-night Lucy Lani
ExercibC Song Clap I Clap!
. , .Hurrah 1 ,..; Infant Class
Declamation Papa's Letter.
. , . . , Lucy Kaloikini
Solo The Golden Shore
.... Julia Kaina
, Chorus Vacation Song, , . . .School
. .Valedictory ..,.,..., Hattio Manic
National Hymn Hawaii Ponoi
'"' The two great future ironclads of
this English Navy will bo named
the Hood and the Hawk. .The Hood
will be pf 20,000 horse-power and
H.OOp.tbns. Tho Hawk will' be,
also, of 20,000 horse-power and
LOCAL & GENERAL HEWS.
A JtoriBE lias been found.
I,i:n Yuick Wni Co. liavo u nolico
Tub Kamcbamekas muf Stare piny
A FUFUjl&ilKD house ill a-ilcsirahln
locality is to lot.
,1. F. Coi.ntms & Co. liavo bucks
for sale, and pieuiiHCs to let or lensc.
The nest mail from Ike Const will
be duo July 20th by the steamship
A notice to the Past Chancellor
of the Knights of Py thins appeals in
Tiik Supremo Court will tit in
banco on Monday, July'22d, when all
banco business will be in order,
Mil. F. Horn supplies the ico
cream and candy nt tho St. Androw's
fair this afternoon and ovoning.
"Tun Hawaiian Tramways Com
pany liavo a notice ulsewhero with
.regard to hints and suggestions.
Tin: Hawaiian band will piny at
the Inpauo Asylum fiom thtec to
livu o'clock, Thursday afternoon.
JiliACK rock, ,ooral, band and soil
can be obtained in nny quantity ot
David Kiuiiliuc, 30 Merchant street.
Tin: sale of fancy work and chil
dren's clothing is now in progress at
the old St. Andrew's Cathedral build
ing. Tuosk twO lino-Fischer pianos ic
cently received by the Hawaiian
News Company have been Fold, Moie
arc expected on tho next steamer.
Thi:rk will be a special meeting of
tho Honolulu Arion Society to-inor-row
evening, at. their hall. About
the middle.) of next month the society
will bold its annual picnic at Wni
The Bulletin Weekly Summary
is out to-day with a very complete
resume of local and island news.
Copies for sale at the bookstores and
The programme of ' music by
French composeis, played by the
band last evening at Emma Squnie,
was very enjoyable, and listened to
by a good sized audience.
There was quite a good attend
ance at the closing out sale nt Egan
it Co.'s store last evening, by Mr. L.
J. Levey. He holds forth again this
evening at 7 o'clock, nnd if you want
to obtain bargains, bo on bund.
Mr. and Mis. Yap Tin Sinn have
issued very neat invitations for the
marriage of their daughter, Mary
Quai Ying to Chang Kim, at the
Chinese church, Thursday evening,
July 18th, at 7:30 o'clock. A recep
tion will be held at tho Chinese Y.
M. C. A. hall, from 8 to 9 o'clock.
The pool soiling case camo up in
tho Police Coilrt this afternoon. De
puty Marshal Creighton conducted
tho prosecution, Paul Neumann for
thtj defendants None of tho witnesses
wcro allowed in the Court mom, and
as they stood in the lobby they pre
sented n formidable array of beauty
and talent. Tho first "witness de
clined to answer, but when the
second one camo up, tTveral points
aL law had to be decided and the case
was put over to Thursday afternoon.
EVENTS THIS EVENINC.
Auction sale at Egan & Co.'s
store, by L. J. Levey, at 7.
Drill Co. B Honolulu Rifles, at
Excelsior Lodge No. 1 1. O. O. F.
Drill Queen's Own, at 7:80.
AUCTION SALES TO-MORROW.
BY J. r. MORGAN.
At 12 o'clock noon, at salesroom,
by order of the trustees of His Maj
esty's estate, one lot at Fiinaio on
the WaiUiki road, and taro laud at
Kolowalu, Manoa, Oaliu.
UY L. 3. LEVEY.
At noon a the store of U. W.
Hart, 07 Hotel stioet, tho lease of
said piemises, also -the stock' of
groceries and fixtures.
A GRATEFUL EMPLOYEE.
A short time ago a T'ortuguese
named Tavaroz, employed by the
Hawaiian Tramways Company, was
kicked in the face and otherwise in
jured by un unbroken horse. After
the accident lie was removed to tho
Queen's Hospital, where ho now is
doing favorably. 'i'avarcz feels
very grateful to tho company, for
not only aro they paying the hos
pital fees but arc also allowing him
half of his week's wages. He de
sires in tjita way to express his gra
titude. POLICE COURT.
Tuesday, July 10th.
Ah Tack, charged with larceny of
chickens, was lined $25 and sen
tenced, to thrco mouths' imprison
ment nt hard labor.
Awai was fined $0.20, Hen Tcno
rio 811.20 and Ah Tai 83.30 on
charges of assault and battery.
J. W. II. Wahincaua, for assault
and battery on his wife, wasWlned
8)0 with $1.10 costs.
Edmund Doctor for drunkenness
was fined 80. '
Chan Nan, for having opium un
lawfully in possession, was fined 800
with 0 hours' imprisonment.
uAn, MUJuuicTjjt?!;? mmvuULiilt Wy i.n
THE HOfiERTSUN CASE.
Kiiatriirttotia Ankcil by Defendant'
Defendant's counsel in the above
entitled cause, respectfully request
the presiding justice to Instruct tho
jury as follows, vU. :
1. Tho Inn den rostfc upon the
prosecution to prove by tho evi
dence, and td the satisfaction of the
jury beyond reasonable doubt, that
the defendant acted maliciously and
without authority or justification by
law. - It is not icquisite that the
defendant show that his assault was
justifiable. He cannot be found
guilty, unless the prosecution
sunlf show that it wns unjustifiable.
Iu other words, the prosecution
must, in order to obtain a convic
tion, show that the defendant's act
was not douc in self-defence.
Wood's Pr. Er. 053. Wli. Cr. Ev.
2. The defendant is entitled to an
acquittal if "there is evidence enough
to cast a reasonable doubt as to the
assault made by him having been
3. "Where one is assaulted in
one's dwelling, he is not required to
retreat, but he may take the tres
passer's life, if such extreme force
is necessary to prevent an en
trance." If the ju.3' therefore find
tfrom the evidence, that the defend,
ant in his dwelling was assaulted by
Magoney,that is to say that Mngoncy
was maliciously attempting to do
him corporal injury without author
ity or justification by law, the jury
need not, in order to acquit the de
fendant, find that he could have es
caped by retreating from the threat
1. If the jury lind from the evi
dence thaOlngonc3' had just attack
ed the defendant, thrown him down;
and scalded alul bruised him in his
own dwelling, had been forcibly
ejected by others, had threatened to
"cut out the liver" of the defendant,
gone to a shed close by iu which
was a large knife known to the de
fendant to be there, and immedi
ately returned and tried to enter the
defendant's dwelling, while still
cursing and threatening him, and
refusing to stop when warned to do
so by the defendant, the jury would
be at liberty to regard the act of
defendant, in then firing a shot gun
at Magoncy, ns justifiable in defence
of himself and his property.
5. It is not for the Court, but for
the jury to say whether thu shooting
was justified by the facts.
0. If the defendant had cause
which would lead a prudent and
reasonable man to believe that Ma
goney was seeking to do him serious
personal violence, or to attack him
with a knife, the jury arc at liberty
to regard the shooting as a justifi
able act of self defence.
7. No intent to kill is charged in
this case, but merely an assault and
battery with a dangerous weapon.
The fact of the ' shooting being
shown, it remains merely to consider
whether it was done maliciously and
unjustifiably. In determining whether
the defendant was acting in defence
of his person or lnbitation, to justi
fy the shooting, it is not necessary
that danger to defendant's person
or habitation actually existed, but
it is enough if there was such
danger, to the defendant's appre
hension as a reasonable man.
8. Iu view of the defence that the
shooting wus reasonably required as
matter of self defence, the evidence
is admissible of Magone3''s turbu
lent, violent disposition.
0. The jury will acquit the de
fendant if the evidence leaves in
their minds any reasonable doubt
whether he acted in self-defence.
Cliirco to I lie Jury.
The Court has no doubt that the
jury will consider this case entirely
apart from anything except what has
been heard hero.
I charge you that when the as
sault is proven the inference of the
law is that it is what is called mali
cious, and that it is for the party
defending to establish his justifica
tion. It is unnecessary for the prosecu
tion to directly show that there was
no justification. Altogether it is a
matter for the defence tp shoy that
there h a justification. That is the
law by our statutes, the same as in
I have considerable to say about
the difference between justification
and extenuation. There is the same
general rule ot law for justification
of self-defence committed as an as
sault upon another just as iu mur
der. There is this important difference
in a case of murder and -a case of
assault. If this were a cusp of
homicide and charged as murder,
then the circumstances of extenua
tion such us the previous affray
might reduce minder to man
slaughter iu thu first, second or third
degree. It might extenuate it verj'
much and attenuate it down to
something of a light character; but,
iu the case of this assault and bat
tery, the verdict must be guilty or
uot guilty. You cannot find him
guilty of any offense .less than this,
lie must be justified altogether or
ho must bo found guilty.
It is not for you to consider the
matter of extenuation. That is for
the Coin t to consider.
Tho law of self-defense has been
set forth Iu this country as in thu
case of the King vs. Hridges (His
Honor hero read the cubo referred
to). There wns no second assault
by Magoncy on Hobortson.
Tho first affray in tho house is
divided off from tho transactions
after occurring. Undoubtedly Ro-
bortson mflerotl somewhat sverty.
Wn it in consequence of thai injury
or in consequence of the nnger
which it excited in him that ho made
the assault. lie was not justified
iu making this assault on Magoncy.
It would not be self defense against
that attack, and It is therefore not
to bo considered as an interpretation
of the altitude of the parties. His
anger against him would not justify
him iu assaulting him. There must
be something iu the second transac
tion to justify that. Thcro must
have been a necessity in the trans
actions after the lint in tho action
of Magoncy to justify the assault of
The act of Robertson must be
judged by what appeared to him
then and there. Of course, the
threatening attitude of Magoncy
could be coupled with threats he
had before made; and thu principle
which 1 gave you first applies here,
that his anger would not be a justi
fication on which he could be acquit
ted. It might, however, bo an ex
tenuation with the Court worn he
convicted. If he had suffered
damage or wrong, he had recourse
to the law. He could not account
for thu first affray being a justifica
tion in making an assault upon Ma
goney, if he did make it.
Considering whether Robertson
was in such n position that he might
justifiably use this weapon, you
must also consider the protection
which the defendant had from
others. That is an important con
sideration. I think no one would
say that any one now in this room
would be Justified in using firearms
against another individual to pro
tect his life. There is sullicient pro
The evidence is that certainly
there were two men at hand, two
men of friendly disposition to de
fendant Reney and Angus Camp
bell. They, one or both, would
have been able to protect Robertson.
They had not saved him from the
first sudden encounter, but could
have saved him from the last.
You are to consider whether there
were an overruling interest on the
part of Robertson to save his life in
shooting Magoney. You will con-'
sider whether, from the whole evi
dence, Robertson advanced or re
treated iu tliis case. The law says
he must get out of the way if he
can, before he makes the assault, and
certainly, in the case of homicide,
There i3 a great deal of evidence
as to whether there were two shots
or one, and that bears in two dii co
ttons. It is argued by counsel for the
defendant, that if there were tw'o
shot3 lired one was shot from a dis
tance, and it was not su Indent
thercfoie there was a justification in
firing again. On the other hand
there is the.vicw that it was a con
tinued aggiavaled attack of Robert
son by firing one shot and then
another' shot. You liavc to consider
whether Magoney was in the attitude
of going to assault Robertson.
I think the arcutneut that Robert
son was defending his habitation, is
not applicable here. There was no
attempt to break into the house. It
is to be considered whether there is
any proof,.that Magonoy was mak
ing, or about to make nn assault on
Robertson. Upon the point of the
two shots you have the evidence of
these two men who weresthore ; they
stiy there was but oiio shot.
On .the other hand there is the
evidence of the two physicians who
had charge of Magoney in the hos
pital, that there were shot more or
less from his head to his feet scat
tering shots and it is submitted to
you whether it were possible for the
clianjc, which wus concentrated in
his arm, at tho same time to scatter
from his head to his feet.
There is evidence in the examina
tion of the gun and its appearance
which were testified to positively,
and you will consider the circum
stances thai Robertson called on
them to examine it at the time.
I do not think that you could as
sume that Robertson was under fenr
of a-knife upon the supposition that
he had gone to tho place where there
I ana inclined to leave the case,
gentlemen, without further instruc
tion or charge. You must acquit or
find guilty, and there arc no de
grees. There must be a justifica
tion by self defense or he is guilty.
It is not a mutter that you can re
duce by extenuation,
The jury retired at -1 p. m. to con
sider their verdict, returning at 0
o'clock with a verdict of "not
guilty," two dissenting.
WHAT is the lite of paying 7
ci'iiln, l and ?1.35 for Boy's
Shirt Waists, when you can buy just ns
good a Wain for on'v !J1 cents nnd 50
cents, at Clms. J. Fishers Leading Milli
nery II wise. 2S 8t
Bricks For Sale Cheap
THE PrcmUes, corner of
Queen and Punchbowl
directs, formerly occupied by
E. 11. Kyon and Cant. Oluuey. Parti.
culnra apply to
801 iw JOHN P. COLBPBN.
THE WEEKLY BULLETIN
-L 2$ columns, purely local matter
Mulled tj foreign countries, $5 per
Jui.v 16, km
A HKCOND.HAN1) til.
sv xv nam Tame, 2 i.igiu
Jigs Mule Dump Carts ftna 2
llnrncps for fame. Inquire nt H. II.
Williams' Store, Fort street. 300 M
"pO purt'lui'o in one nf tho
L Hawaiian Islands a
Tnict of fnid, 10 0W acres,
more or lw. I.rnve oilers
with statement of price, sub:
0U," lii'Li r.TiN Olllce. 231. lm
NEW Wilcox A White Parlor
Orcan with cIeIu stem. Suitable
for school or church. A lino. Instru.
ment. Apply at fiT Punchbowl Mrect,
opposlto U. 1'. MUsiou institute. 278 tf
HAVING been duly appointed As.
sljinoc of tho iMito of Arthur
Johnstone, hankiupt, 1 hereby notify
nil porwoim lriviiij: ciidnis againd paid
0 Into to re h-iu the suinu to inu-ut mice
du'y proxi'ii before the Court, iitul nil
ihtmiih Indebted to Biiid PHtnte will timku
liniiii'dhitu vnymciit to me at my office,
01 King sticet, upstairs
llou- lulu, July 13, 183U. !! 4t
FOIl SALE CHEAP
animal for a boy), and
Colt. Saddle, bridle,
etc.. thrown in to make
Apply nt this otllcc. 2.11 if
3C01TAGE5 nnd Premises
oil Knuna etrcct. nt a rcn-
i tenable figure. Apply to
.1. M. MOXSAKIIAT,
Can wrighl's KloeU, Merchant tit.
STORE TO LET
THB Store Intcly occupied
i X by K. O. Howe, Way's
Block, Kiii it htm t, at rcusou-
able rental. Possession given at once.
J. G. KOTIIWKLL.
Stables & Pasturage To Let.
..uMit;.vr sunies con
i JLJ tninim; 111 Stalls. Cnttnue
mid 7 acres Pjture Land, on
taouili street, near Khu;, formerly occu
pied by Mr,, While, proprietor of, the
Pibima But. To let on vlry moderate
teiin!'. Apply to
J. E. BROWN & CO.,
25." tf 2S Merchant street.
FOR SALE or LEASE
HOUSE ami Premises nt
Iwilei, Honolulu. Itou-o
contains three large and two
small rooms nnd hull nnd a large attic.
Collage with three rooms on the pre
mises; cook and bath-house. Stable
with three stalls and carringc house;
shade and fruit trees on the premises.
Apply to J. 31. JIONSAItKAT,
Cartwright'j Block, .Merchant St.
" " 204 tf - '
IUHNiailKD Rooms to let,
? southwest .corner of
Punchbowl and Berctania
strciils, would bo very convenient for a
einall family. 255 Cm
CONVENIENT Rooms for
business offices or lodg.
big npnrimcnts on the second
lluor ovi r the fruit store on, King street,
this city, "Ulobu Hotel Premises " In
quire at tho fruit More.
2v5 12t All CHEW.
ITUKUANT Residence in
U Pauoi Valley, known at
llio'Booth PrcmUes." Con-
tains large moms, parlor, dining and
four lird looms, clohets nnd modern im
provunents and conveniences; out
houses and pnslure. 'For further parti
culars apply to
J. K. 1JKOWN & CO.,
20:t Ira 28 Merchant street.
Carriage For Sale Cheap.
-l NKW Cutunilcr Car.
X rlano just finished
and handsomely trimmed
In nrstf cluss slyle must bo immediately
sold to cIobo an assignment, can hu seen
atW, H. Page's cirrlugc uiunufactury,
No. 128 Fori ftrcet.
HAWAIIAN BUSINESS AGENCY.
NOW IN FINE
NING ORDER !
Coino out and take
An Exhilarating Rido I
A Glorious Plungo !
1-Xea.ltlftl'ul IRatrti !
LONG BRANCH !
ggyQood accommodations and prompt
attention. ' ' " '
J. C. SUEltWOOD,
208 tf Proprietor.
CORNER HOTEL &
Over 1,000 Pieces of ffle.it toy Embroideries,
Torchong Laces, Oriental Laces.
Also, Lane Lilies of Lace Trimmings !
WILL BE CLOSED OUT AT AN
CSrcnt Bargains can be obtained hy culling at the Temple of Fashion for the
The Sale will Commence Monday, June 17.
75 & 77 Fort St EGAN
Great Inducements Offered to the Public
The Balance ol Our Splendid Stock will "be
Sold during the Month ot Juno
AT 85- PER - OEMT - BELOW - COST
HOLLISTER El . CO.... ,.
10a mmT stkket. Honolulu.
88 Sz SO
Wholesale & Retail Boots & Shoes.
Correct Styles gj& Latest Deuigns .JtfJAU Pricon."
B. 1 EILEES & CO.
EUROPEAN and AMERICAN
DRY ant! FANCY 600DS I
&T N. B. On and after May
of our Dressmaking Iloome,
H - eduoticm -
Corner Hotel & Fort Streets.
& OO Honolulu, H. I.
THAN KVKK -fiJa:
t. IS. SHTn. Aeent.
MISS CLANK will have cuarg
o i "i