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VOL. JX. NO. 12G(i.
HONOLULU, H. I., MONDAY, FEBRUARY 18, I8i5.
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LXWEBS A COOKE.
Imicstxiui and Dealer in Lumbxr and
jil kinds or Building Material.
Port Street, Honoluin.
H. HAOXFELD A CO..
QE.SERtL COMMIMION AUENTH.
Corner Fort and Queen Utieets, Honolulu.
JfNO. S. SMITHIES.
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Mahukuua, Kobalu, Hitnit.
Manufacturing Jkweleb and Watch
maker. KtUul .lonelry a specially, fartivuiat
attention paid to all kinds ol repairs.
Campbell Block, Merchant Street.
HONOLULU IKON WOUKH,
Steam Enui.neh, Bpuar Millh, Boara",
Coolers. Iron, lin.es and Lead
MtKinlncry nf Kycry Dedrripuou aikut- lo
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BlacksuiitUlns. Job Work executed at
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Estlmntes filvon on all kinds of Brick,
Iron, Stone and Wooden BulJdlncs. Job
bing of all kinds. Building Material for
sale. 510 and &12 Klnc street. Ilesldenco
Telephone, Bell 'ilT, V. O. Box 11.
Atlas Assurance Go.
H. W. SCHMIDT & SONS
Agents for HawnlVin Inltunl
City Carriage Co.,
Corner King and Betbel Bts.
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Insuring prompt doll very.
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I Used with drier It gives a splendid Boor
Kellned Sugars, Salmon,
Fair ban. Canning Co.'s Corned Beef
TA11AFFINK TAINT CO.'S
, i. it n 3. it
Ooinpoands, RooQog & tape.,
lied i FitflDl Stetm Pipe Coi.nui
Jarbnet Diamond, Enamel
Especially designed for Vacuum Tans.
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London A Lancaibirs Fire Ins. Co.,
Thames asA Mersey Marine lis. Co.,
Ntvr Turk Lite Ins. Co.,
G. 0. BlRGER,
Ooneral Agent for Hawaiian Islands.
Wra.G. Irwin & Co.
President ana Mnnauer
Wru. O. irmu,
W. M. dltfard,
Tbeo. O. Torter
- - - Vice-President
Secretary and Treasurer
AGENTS OK THE
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41 ".rtuanil Mtr-xi
Tiusmith Pianihing. Btc.
nilOMKKllY and OLABRWAKR
CI cuit Court Again Adjourns
prtmo Court Decisions
Judgo Cooper opeued tbo Feb
ruary term of tho Circuit Court
nL'.iiti this morniuL'. oniv to adiourn
it again until uoxt Monday. All
cases will then bo called and pro- '
bably continued until next term.
A unanimous decision of thSti
pretno. Court, written by Chief
Justice Judd, has been liled in Anna
Phelps, plaintiff in error, vs. Joseph
O. Carter, defondaut in nrror. It
is on a petition for a writ of error to
review and correct certaiu alleued
I errors of law in tho charge of the
1 Circuit Judge to the jury on an ap-
fieal from tun I'robtto Court to tho
ury, tho issue being tho competency
' of one Charlotto Adams to uiaho tho
I will in question. Tho will wa
admitted to probate on tho petition
of J. O. Carter, who wan tho execu
tor therein named. On tho probat
, ing of tho will Mr. Carter renounced
his appointment ami Charlos Lucas
was appointed ai administrator in
his stead. Tho will was contosted
and finally carried to a jury and a
vordiut sustaining tho probate was
rendered. A motion for a new trial
was heard and over-ruled. Liter tho
parties by counsel stipulated that
tho contestants should have until
Supiember 1, 1891, to have the bill
of exceptions allowed. This was
not douo. Meanwhile tho adminis
trator had settled tho oatato, paid
tho liabilities, filed his accounts, and
Eursuant to published notico of
earing, on November 9, the ac
counts woro allowed and Mr. Lucai
I discharged from nil further respon
sibility ns administrator aud his
; bond cancelled, baring delivered tho
j remaining property to tho devisee
I On Nov. 21 tho contestant, Anna
Phelps, Clod her petition for a writ
I of orror, which was served upon J.
O. Carter as defendant in error.
I At tho December term of tho Court
a motion to quash tho writ was '
, made upon various grounds, and tho
motion was suetainod. The Supreme
Court now denies the writ in error,
although ovor-ruling tho first ground
of tho motion to quash, viz.: "That
thorn are other parties in interest
besides the plaintiff in error.' Tho
law established by tho decision is
contained in tho following syllabus:
"1. A persou named in tho will as
executor renounced the trust on tho
will being provod in the Probate
Court and an administrator with
tho will annexed was appointed who
wound up tho estato and was dis
charged. Tho will was coutested
and the case carriod on appeal to a
jury, who sustained tho probate.
After tho discharge of tho adminis
trator a writ of error was sued out,
alleging error in tho chargo of tho
Court, and tho assignments of error
' were served upon the executor nam
ed in tho will, as defendant in error.
1 Held, that tho writ should be quash-
' ed because served upon tho wroug
"Seville, if tho administrator had
beon made defendant in orror, plain-
tiff in error would bo remediless so
far as tho property of the testator
was concerned, it Laving been deliv-
' ered to tbo devisee.
"(2). Any person 'aggrieved' may
apply for a writ of orror."
I J. A. Magoon, barrister, sat on tho
I caso iu place of Justice Frear, absout ,
. from illnoss.
C.W. Ashford for potionor; W. A.
Kinuoy and O. Brown for respond
ent. I A unanimous decision of tho Su-
! premo Court, written by Justice
Bickerton, has boou filed iu P. M.
' Pahukula, plaiutiff iu error, vs. John
Maguiro, tfofoudant iu orror. The
original action was for trespass and
came on for hearing at tho October
! term, 1893, of tho Third Circuit
1 Court, holden at Kohala, Hawaii.
Tho jury returned a verdict for de
fendant in error, with $20 damages,
to which verdict exceptions were
taken aud notico was given of a mo
tion for a now trial, which motion
was never presented. Ou December
80, 1893, the Court taxed and allow
ed tho bill of costs of the defendant
riu error, tho presiding Judgo (S. L.
Austin), endorsing on tho same: "No
brief haviug been filed by defend
ant's attorney, as promised, I pro-
i coed to tax plaintiff's costa as per
bill sworn to by plaintiff, John
' Maguiro. Tho amount allowed is
$03 R0 as per tho bill." Tho matter
' came before tho Supremo Court on
, n writ of orror, allowed by that i
i Court and addressed to thu clerk of !
! tho Circuit Court, lu briof thu as-'
signmonts of error wore: 1. That ,
' tho suit was filed without any dopo
Hit having been made with tho clerk,
nor had anv deposit been tiaid uo to ,
tho time of tho trial. 2. That tho i
verdictwa eoulrary to the law ami
tho evidence. .'). That tho trial
Judge erred in his order taxing costs j
against (ho petitioner, contrary toJ
tho laws and to decisions of the i
Court. . And other errors of law,
-. i. ii i. :.. it .' i
t .A wr: 1. .i....iui n ii.,iiri.,
error to pay costs. Following is the
"Tho fact that costs are not depo-'
sited by plaintiff at tho tituo the suit '
is filed does not constitute an error.
''There can ho no reversal on error
of any fiudiug depending on tho
credibility of witnesses or weight of
"Tho cases of Hang Fook vs. Ko
publio of Hawaii aud Viorra vs.
liackfeld, affirmed. 8 Haw. -138.
"An assignment of error,genoral
in its nature and indefinite, in not a
proper assignment of error mid is
not considered by tho Court."
Tho Hang Fook cao quoted de
cided that thero shall bo no reversal
on orror of any fiudiug depending
on tho credibility of tho witnesses or
tho weight of evidence.
Circuit Judge Cooper sat in place
of Justice Kre.nr in this case.
V. V. Ash ford for plaintiff in error;
W. K. Castlo for defendant in error.
A satisfaction of judgment, in $10.')
in full, has bnen filed iu John F.
Colburn vs. W. C. Achi.
Wong Wa Foy by his attorney,
. C. Achi, has filed a discontinu
ance of his bill for partition against
In Vittoriana Ohera vs. J. D. Ac
kerman, tho Supreme Court has filed
a decree, setting aside an ordor of
the Circuit Court and overruling tho
demurrer with costs. Judgo Whit
ing of tho Circuit Court signs the
decree with Chief Justice Judd aud
' Associate Justice Bickerton.
Judge Cooper has issued tho fol
lowing order in the matter of tho es
tate of John O. Davie, lato of Wai
alua, Oahu, deceaed:
"Trustee Arthur P. Peterson hav
ing failed to file any accounts since
tho 17th day of April, A. D. 1890, the
lnrn rf Vila nrtrirtin t inunt Mm f?-tirr
"?'" " "'" ;i""""Y", 'y"v
oi us own motion uerooy appoints j.
it. Jiagoou, ivq., receiver wuii iiin
power to demaud, receive aud tako
chargo of all the papers, assots aud
effects of said estate, and to briug
such actions aa may bo uocessary for
tho recovory of any property of tho
estate, and also against tho sureties
upon tho bond of said Arthur P.
Peterson, to mako good auy deficien
cy which may appear in said estate."
following prisoners were
leased on Satun
eased on aaturuay: uuanes rtngn-
ton, A. P. Peterson, Popoko. A. Can -
anne, Alaiii Maka, Peter Ivaloi, 1C.
Kila, Ivaluahtue, Nalei, Kauhai,
itnpu. David I'aa, Paoo, Harry Tal -
bot, ICaapuni, Hookiekie, Pipiilaui,
Kaaha, Olohia, mid Koaununi.
Messrs. Peterson aud Creightou are
required to depart from tho coasts.
S. B Australia Arrives. '
S. S. Australia, H. C. Houdletto !
commander, left San Francisco Feb-;
ruary 12, 1895, at JO a.m., with 20
cabin and li steerage passengers, i
and 10 bags mail. First three days !
experienced strong S. W. to N. W.
breeze, thence to port modorato '
N. E. trades and fino weather. Time, '
0 days 0 hours 30 minutes.
J. F. Bowler has beu committed to
the custody of tho Marshal, to servo
a term of five years iu prison at hard
labor, besides paving a fine of live
thousaud dollars, for treasou,
In a recent editorial the Salem,
Oregon, Indopondout Bays: "Timo
anil again have wo scon Chamber
lain's Cough liemedy tried aud never
without tuo most satisfactory re
sults. Whenever wo seo a porson
aillicted with horseuess, with a cough
or cold, wo invariably adviso them
to get Chamberlain's Cough Kerne
dyj and when they do, they never
regret it. It always does tho work,
and does it well." For sale by Ben
son, Smith & Co., Agents for the
i Hawaiiau Islands.
LATB FOREIGN NEWS.
.San Fraxoish'o, Feb. 12.
flVr S. 8. Australia. 1
Tho long overdue steamer La
Gascogno is slowly entering Now
BUI to Incorporates a Company
troduced In Gongross.
A bill to incorporate thu Interna
tional Pacific Cable Company, for n
cnblo from California to tho Hawai
ian Islands and thouco to Japan aud
other points in tho Pacific and tho
mainlands of Asia aud Australia, was
introduced iuto tho House to-day by
Kepreseutativo Charles W. Stouo of
Tho incorporators aro William Al
vord, Samuel T. Alexander, Hugh
Craig, Wui. II. Dimond, Alfred S.
Hartwoll, Edward 1). Pond, John
Irwin, Kay Stone, A. C. Hawos, Her
man Oelnchs, Charlos H. Uishop, O.
W. Mt'Near, Louis JJ. Parrott, W.
M. Uuckner, O. I. Taylor, O. D.
Baldwin, Henry F. Allen, W. J.
Adamx, John D. Sprockets.
The bill proposes to give tho com
pany tho right to hold tho requisite
connections in the land offices aud
stati ins aud exercise such power as
may bo granted by any other Gov
ernment, with tho provision that
nothing iu the action shall bo con
strued to commit tho United States
Government to auy financial liability
' or guarantee of carrjing out its con
tracts. JJy a vote or 150 to 25 tho Senate
on Feb. 9 passed au amendment to
tho diplomatin and consular appro
priation bill, giving $500,000 for be
, ginning work on tho oablo aud
authorizing the President to con
tract for the entire work, estimated
' to cost $3,000,000.
There will bo a hot fight in tho
House. All tho California members,
will nupporl tho cable.
uelso lUar iJlOrollO IS
Uelao Uesar Aloroiio is workiui?
har(1 to t nu extungiou of his mhfo
, ciartor 0f J870.
A Washington dispatch says: Tho
State Department will tako vigorous
measures iu the case of J. Craustou,
who arrived at Vancouver yesterday
on tho Warrimoo, an exile from Ha
waii. A brief statement has boon
received from tho United States
Commercial Ageut at Vancouver,
alleging that Craustou, an American
citizen, guiltless of auy participa
tion iu tuo rebellion, was lorcibly
,oced aboard lho Btoamer and oxiied
, (vithout anv trial and was subjected
to pecuniary lose.
Mln,Bto'r Willis took his deposition
' i.f i.,..ii.w..tt...:i ...i
is dmd,ti0g8 uny investigating' tho
matter there. Should Crauton s as
sertions bo' boruo out by inquiry,
thero can bo littlo question that ho
has a good claim for indemnity
against tho Hawaiian Government.
Cold and Storms.
Thero is great suffering from cola
Traffic ia blocked in tho Eastern
Stales with snow.
Freeziug woathor prevails in Flo
rida. Tho Oriontdl War.
Teu Chinese torpedo boats have
boon taken by tho Japauoso.
Tho U. S. S. Charleston has left to
assist distressed people at Tung
War Again Frouablo.
Guatemala refuses to back down.
1 Mexico aud Guntomala are rushing
1 troops to tho frontier.
Fifteen Hundred Surrendered.
Salmionti has surrendered with
1500 mou to tho Government forces
i Nicaragua Caual.
; Friends of tho Nicaragua Canal
bill are sanguiue of its prospects iu
If your subscription has expired now
a gone time lo renno ii