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K'LLEU" IU)NjAJMJ I. 8VPUH)Y, -JIVHOM 31, ""(.
Riuv WfeU With
l"-' r i . ,,...
Sup.eme and Circuit Court b
rrjrrcrrrru?u'i'?' - '
Monday, March 21.
The Supremo Cowl sat Ions enough
this morning to adjoin n tar tlto day.
Charles V. liooth lias mndc a scpar
nlc answer to tilt complutnt of hniali
Anna Burger against himself niul Chas.
3. Dcsky for tlic cancellation uf a daul.
A sumniary of his allegations and ilc-
vilnlo la twifil frlVfll At t ll n f 1 111 n flf
execution of n deed "of trust by Joseph
liooth tho grantor was not possessed
r ii... nri.,..i. ni ...rt nf n.n inn.i whiMi
I. II... ...!.!.. ..f .nmnl.. nl nn nt-.l uf
SOS 3-tO ncics. imt hail only a life cs-
tnlnlnlt. Whalnvm Intel est the tin II-
tilt may havo acquired In that land,
by tlio leod of titlst or otherwise, had,
long prior to tho date of the deed fiom
plaintiff to this defendant, been lost to
her through tho statute ot limitations,
?jy reason of tho ndverse holding of
Annie Booth, afterward Annlo Kong,
the mother of plalntllt and of this de
fendant. As to all the IMuoa property
mentioned In the tt list deed, tho plain
Iff hn,l ii lnt,,..l llimnlli nvpnlif tlin '
right of lesldcnee and nialntenanec on " appeal to tho Supreme Court, when
the premises, which right was lost by -' surrendered himself to his sureties,
plaintiff upon her becoming forlsfnml-, fl'cnt last night In priam and had liU
Hated and through ndverse holding, body produced In court this morning
I'lalntlff was not Ignorant of tho y Marshal A. M. Brown. J. T. Do
value of tho Interest she com eyed to "'. "Is attorney, asked for n contlnu
ilcfondant, but had Independent advlco nllc0 till Monday, which was granted,
tlicreupon. Defendant admits he Is ' reuuest to hnvo tho ball reduced to
brother of plaintiff, but denies that ho MU w" refused, hut the Court would
has knowledge of the value of the lands "wept ?'." -,"" bull. I ho petition
In question not possessed by plaintiff Lr,8 sentence was tor six months Im
or easily obtainable by her. Tho land ' Prlsontnetit nt hard labor and payment
oiibject to the agreement with Chas.
S. Dcsky was. at the time of tho exeeu- '
tiiin of tho deed, pasture laud ot In
ferior quality and had but little ac
tual wiluo. Di fondant was advised
that the interest of plaintiff In tho
land was without value except for tho
purpose cf saving litigation and quiet
ing title. Up had heard that plalntllt
said sho would tako $".000 for her In
let est, and he tendered that amount
with a qultcl ilm deed for her to exe
cute In San Francisco. 1 he deed was
executed September 15, liflS. Negotia
tions with (let ndnnt Dcsky did not bc
Sln in Alienist. 1S98, but In February,
1S90. Plaintiff had not for many years
reposed gnat confidence and trust In
this defendant. Ho had not communl
tated with plaintiff by letter since IS!)".
All the chatges of fraud, etc., nro de
nied. Neither at the tlmo of receiving tho
ilccil from plaintiff nor for many
mouths thereafter did this defendant
have In prospect the sale of any con
siderable portion of the property. The
aeupinent with Dcsky for the sale of
the ptoperty now known as "Pacific
Heights" dors not reptcsent all of the
consideration given by liooth In re
turn for the $100,000. Almost the en
tire value of the property us expressed
therein was caused by Booth's owner
ship of I'tiunniitiln sprliur, without
whlrli it would have lien Impractica
ble to supply the land with watrr and
thus m.iko It available for residence
sites. And cvrn In conno-tlun with
the ws'ti r tho lend could bo tiiad3 uf
TOli'i i.n'y by the cxpendltuie of a
large sum uf money, nnd Chas. S. Dcs
ky tmo In fuel spent n laige sun of
money, tho exact amount bring un
known to this defendant, In rendering
tho hftiil accessible.
Melllo Pulley, one of tho beneficiar
ies, bus consulted to the substitution
of Philip L. Weaver for G. V. Lincoln
In the trusteeship for Melcnna, wlfo of
CI. V .Lincoln, anil others.
Kinney, Dallou & MiClanahan have
filed a demurrer of defendants to tho
hill for partition of lUta C. Ti wls
bury vs. Antonc (J. Cunha and others
on tho ground that sulUclcnt caut.o of
action Is uot shewn.
Tuesday, March 27.
' An luvcntoiy of tho estato of the
Hto II II. Wilcox of Llline. Kauai, has
-.been llled by Uco. N. Wilcox, admin
istrator. In tho Fifth circuit and tiuns
inlttcil to tho clerk of thu Judicial y
i.v .Tudao Ilaidy. The total valuation
Is S1S1.0U2.71. As much of the prop-
' erty consists of stocKs inventoried at
par value which arc at piemluniN the
actual value Is piobably beyond $200,-
000. Thero Is $C0,GJ0 In Government
rxind3. 51 l.'JOO six per cents and ?15,7S0
five per cents. Tho largest Holding of
Mtock Is 1S5 shines 1. I. S. N. Co. at
100 par value. Cash on hand la SS7,-
I,o Kain by his nttoincy, Saml. F.
Chllilngworth, has perfected his ap
peal fiom conviction for vagrancy in
the Circuit Court.
Chung Fook nnswers tho complaint
In ejectment cf Leo Tit by general de
nial. J. T. Do Dolt for defendant.
Defendant's notlco of nppeal from
tho District Court, In Vlctorlno Vascon
celos vs. James Dodd, dated July ID.
1899. has only today been llled. Plain'
iff nlnlmcd S75 for building a stone
wall, and Judgment was given for de
tciuinut with costs.
Judgo Perry has (lied a written deci
sion overruling tho demurrer of defen
dant In tho bill for Injunction ot Wing
Chong Wal Co. vs. Margaret V. Car
ter. Cecil urown nnu iviiiiiey, uuuuu
& McClanahcn for complainant; A. S.
Humphreys and L. Andrews for re
spondent. In Arthur G. Morlcourt vs. Norwalk
FIro Insurance. Co., defendant's motion
for n now trial will bo heard on Fri-
Judgo Perry has approved accounts
in tho guardianship of Jones, Ashford
nnd Hall minors, and of Kan Yeo and
" Bill Drny. minors. ..,,,,
Judgo Perry Is trying tho death bene
fit claim of Mrs. Gomes against tho
Portuguese Mutual Benefit Society. J.
M Vivas and A. O. Corrca for plain
tiff; J. T. De Holt for defendant.
Tho Supremo Court this morning
heard Union Feed Co., Ltd., vs. B. D.
Thomas with Dank of Hawaii gar
nishee. C. C. Bitting for plnlntlft-ap-noiiant!
T. McCants Stewart for do-
ft??k.i.r-f-' .."'" Mnrnpv nerpPil.m.opeuJ
- - . -
- r - rrrrrrrrrjib.
coiitt that tho determination of tlw
issue by the Lome us al pii-auiit cun
s.itutcil shall be lln.il and u.inl.iio iij-uij
inc pmlles and be a bar to any excep
tions tur icvicw by any oiltei Cuim.
Judge bllliinan sat with Justices Kitu.'
San l''rniiL'ls:o, March 13. The schr.
Mcthn NiIbou was cleat cd yesterday
lurKlhlc, 11. I., with I3..M ft. lumber,
V " bavjiy, I000 ,Bl43 ''"
bids lime, -113 bales hay, ao.uuu lbs
Hci. 01) pkgS machinery. 1 CllglllO, 1114
11E. rtllrcjsil lunterlal, etc., valued at
vii"i- jiiiiimuuui e-i
can for Honolulu CO I ctls corn, 1000
sls bran, 771 ctls barley, 600 bales hay,
'I horsis, etc., valued at i3,G&S.
Kannc, one of the United men from
I.lllha street, Is iccovctlng In hospital.
I Wedm-aday. Matuii 2.
I Wlllnm II. Marshall is taking the
shoit cut of habeas corpus proceed
ings to obtain llbetty from the sentence
lot tho B-lstilct Comt foi libeling Chief
JllStlCO Jlldll. Ho W83 Ollt Oil ball Oil
L'03IH- ' Dole, Jioptiiy Aiioiiioy
"eneral, appeals for the Republic. 'I lie
chief ground of appeal ii that the law
under which Marshal was sentenced,
Chapter :I2 Pinal l.au.i, is uiiLunstltu
tiotuil. Aigumciit has been begun before the
Will l:i u SiiKur Co. Judge Perry sits
with Justices Ficur and Whiting. J. A.
.Mugnou, Kinney, tlaile.u ti rdi.Clnnn
tin n unci Uobt'itsnn k. Wilder fur plain
Hit; F. M. Hatch for dt lendant, with
W. O. Smith nnd ltoyi'l D. Mend as
counsel of teculd.
Thursday, March 29.
'I'lio Supremo Comt did uulhlng but
ndjotim for the day this morning.
Ddwiud ICekun liJ3 entiled a contest
ct tho will of his late ulster Annie, who
was widow ot tho lato W. L. llulokahl
kl tho lawyer, ltl.i luouuds of con
testing tlii! Instrument uiu these:
1. '1 ho document oll'ercd for probate,
alleged to be thu last will and testa
ment uf the teciatnx, Is not her last
will and testament.
2. 'Iho document i.f u lrnudulcnt pa
per. 3. Tho put potted Ir.3t will was sign
ed by deceased through the lntlucucc
of false rcpiescntutlutu and thriats ot
those living with her at the time.
I. The subscribing w.tnesses to the
will aio peciiulailiy b. nelited by the
execution of tlic iti.Unti.ietit.
J. .Muliia Kancakiri l.i attorney for
Cioss Interrogations propounded to
John Locllle'i- in hail Fi.uieujo, whos.
estimony Is tnkm by cummlsiilun
lave Lie tu llled In ills euit ngamst tilt
.-ulauia (iiocciy Co., Ltd
'Ihu Paeluc llnrilware Co.. Ltd., by
.ts atlottieys, Hobsrl:u,n & Wilder
uoes to dlsmlES the a. l.cal of G. W
Vlicy, (lifeiidaut 'o 1th suit, on the
,r'jund that no appeal lies to the Su
acme Cuuit fiom the Clitult Judges In
,ui y waUtd cases, alsj on tho giuuuu
t waut of ptusecutlon.
An ailldavlt on nio'lou to open de
ault has bLen made 'y defendant In
. S. Clcgiiorn, adiulnlstiator, vs. W
it. Castle, bill for account. He allege'
he picsentutlMi of a id.iitn against the
statu of tho Into Mitouu Ucsa for 51U
.ml Intel est for tib-jut three years, and
hat said estate Is solvent according to
iccuuuts In court, tho total amount ot
laluis llablu to hu pressed being
51)032.07, and valuo of assets $13,079.37
Flic claims have been llled by Geo.
A tut for $110.25 and Ah Chung for
Judge Potry Is still hearing from
yestetday thu death benefit claim ot
Mrs. Gomes against tho Portuguese
Mutual Ucuoiit Soclctv.
Fil.liy, March 20.
Judgo Perry Is still hearing the Por
tuguese Ucnellt Society case.
This morning the Supreme Court dlh
missed tho apepnl of defendant In Pa-
jlllc Hardwuio Co. vs. Ahoy, on the
irounds stated In yesterday's Bulletin.
Acting Judgo Sllllman has rendered
,i decision on tho claim of Mrs. James
Dodd for personal property In tho Into
husband's estate. Ho mentions that
'he law does not require thu same de
gree of proof of tho actual physical
transfer of property from husband to
wlfo that It requires In tho case of a
transfer of property to a stranger, u no
claimant Is awnrded the piano, tho
rocking chair, tho parrot and the sow
ing machine. Tho estate is adjudged
owner of tho phaeton, the ornamentnl
slock and tho unclnlmed and unredeem
J, M. Kancakua for complainant
moves for a hearing of motion to ad
judge James Ashford guilty of con
tempt In tho case ot S. Ahml vs. James
Ashford and others.
Tho following notlco Is posted nt the
main door of tho Judiciary Clerk's
offico: "Notice. No more so-called flrei
clulms will bo received at this oITlcc:
thoso already left hero are to bo return
ed to tho claimants cither on call or by
delivery. Parties will plcaso call and
withdraw tho same. Per order."
It appears tho first claim filed had
been referred to tho Judiciary depart
ment by offlclals of tho Board of
Health. Henry Smith, Clerk of Judi
ciary, received It and others followlns
in tho belief that tho object was simply
tho preservation of tho claims In one
place until somo tribunal was prepared
to adjudicate them.
Latterly, however, It hascorao to
tho knowledco of tho Justices ot tho
flnnrcmo.Court that attorneys.wcro col-
lcctlng fees from lontis by Hi i .unitary
(lies, but not pibseutliig ti elr claim
in n legal form so that they eoulilM)
teeugtuzeil by thd courts. Tlioy hav
b ui unaccompanied by pctlt'ons m
in smiie cas.s Uieie mo not oven ntll
davits to the claims.
It ts to stop mid prevent ahusoj that
the justices havo mado the older shut
ting olt cinltiiB. No doubt thu firu suf
fcteis will have full opi uitunity In -tote
the Com t ef Claims autuoilzid by
CAPT. ANKnns IS AL1VLV
San Frnnclajo, Aimed la. Captain
George Aukets, whos. (tenth by drown
mg on Apill 1st last w.io accepted ui i.
fact, Is now thlid ofllivi' of tho Iran?
port Hancock. lie signed for tho pol
tlon on Thuisday, and will go to M.i
tii lit on thu transput t next trip
Though the cnptnln has tesldcd at Mm
Valley slnco last December, ho has
tossed tho bay to thl. city but a few
Mines, and Is still mc-urncd by hib
friends as dead. Slttiv hm supposed
Irownlng at Long wluvl, Oakland,
while skipper of tho three-masted
schooner Occnnlri 'uncc, Captain
Ankers has remained op land, most of
Mte tlmo tesldlng In Portland.
I From liie Si at of Wa? f
London, March 17, J:20 n. m. With
tho railway cotii'iiclcatlon to the Cape
Intact, Lord ltobcit- will Ii a feiv days
bo In n position to bem the advance
on Pretoria. Ills deep political Intu
ition, combined with his bo.'d strut' gy
Is having the result dej.rcil In the
southern sections of the Orange Free
State, which tiro rapidly calmiiiA down.
Matching Is now thu mily point iiT
anxiety, and as It Is known that a foice
nas hft Klmbeiley ltd relict tuny be
announced befoie many day-i pass. The
.'lllcltney of the icllcvlng column l,
Heightened by the fact that It U paitly
composed of legulais.
In tho lobbies of Parllv.v nt la.l
evening It was rcmaiked that Lord
Robots Is about to l.ijim i iiniclatiia
tlen announcing that tho t'jriner lys
tem of govciiiimnt In the 0.-:ini? Free
olale Is abolished mid pi oi.-.iain., Fici
btatcis who Immediately uurn nili-r ('lu
consideration. It Is iitulet stood that tho Oonvliieti'il
poweis, with one exception, uiiioui
aromlslnsly refused Intervention. The
exception waif Hussla, who to reply wa?
couched In les3 firm lnngunge, aN
though, lllio tho ntltets, she declined to
Interfere. It la said that tho Pope wa.i
appealed to, but that he declined to do
anj thing beyond wilting u. letter to
the Queen, appealing to her to stop '.ho
tut titer orfuBion of blood. Dr. LeyU
effoits with King Leopold wetc quite
The possibility of tho destruction of
Johanucsbcrg Is still (llsoni.':d bete,
but it Is believed that thu French nn.l
del man shnreholtlcts would otter a
itiong piotest. .
Tho latest advices respecting th- sur
render of Illoeinfuutcln show thac liie
apptoach of the lltltlsh caused a stum
iieile. Thlttccn trains, each soinpoai d
f forty cats, and till cmuiined with
Jocia, hiiriled noithwnid Jur.l befoie
.ho lino was cut. Mr. Steny wouiu
havu hctit compelled to Kurrcii.lw, but
ae ptetended ho was going to v's-t on"
jf thu outposts, and ut midnighr took
a catrluge which was wa.ri.i for hlct
iiutsldu the town and '.bus e.siipcd.
The liucis got the bulk of their wa
gons and milltniy stoles awiy.
Berne. Switzerland. S'.iieh 21. The
Federal Council has i.uiweied the Uoi.r
appeal fur -mediation i't 'jilu'.va.
"Ihe Swiss Fcdetal Council would
have been pleased l'i ioopiric in
friendly mediation In oi-Ur to !. I fur
ther bloodshed, but is ci" P-cMdoiU of
both South African repub.Ies have di
rectly apinoached ine LlrlMsn Govern
ment, In older to cutieli ill pjueu on u
basis indicated and tn.j lliltlsh Govern
ment has shown itscif tialut.t the pto
pusal; and us, ftirthe. tarn . the llilllsh
Government has deel-iici to the cabi
net nt Washington that It did uot pin
pose to accept the iuti I'cntlon of any
power, the Swiss Federal Council, to lis
regtct, must ulbo rciunm-m thu Idea of
taking any steps on the lines of i'u 10
qucst made by tlto Proildi'nts of the
South African lepuohci. iitcto it
malns for the Fedetal Council. In the
circumstances, nothln.i hi" to cxpresa
Its slnceto wish that tho bollgerenis
will havo succeeded, al no too ilWlr.nt
dato In llnding a b,i3M for an tinitt-r-atandlng
honorable to bath parties."
London, Mnich 21. A statument
comes from Pretoria ulmlttlni; that
tho Boer lofasca during tho war exceed
7.000. , ,
No fresh news hat bio'i received
from Mafeklng, but a Protoi la dlbtat( h,
dated Thursday, M.rsh loth, nsserts
that Colonel Plumer hi3 not hen. ablo
to advance south of La basil.
London, March 23.-0:55 p. m.
According to a special dispatch
from Capo Town dated today, Gon.
French's cavalry brigade Is fight
ing eastward of Bloemfonteln.
(Associated Press Special.)
London, March 23.-2:15 p. m. Col
onel Plumer apparently has retired to
Crocodtlo Pools nnd Mafeklng seems
farther off than over from relief. 1 His
news was contained In a despatch from
Bulawayo. dated Monday, March 19
and published In tho Becond edition of
tho Times. These ndvlccs add that the
baso hospital has been brought hack
to aaberoncs, though tho correspon
dent further says It Is thought tho ob
Ject of tho Boer demonstration of
March 15 and March 1C, was to cover
tho removal of tho slcgo guns from
t General French's activity In the
Orange Frco State may well bo prell
ralnary to a forward movement by
Lord ItobertB with tho main army. A
dispatch from Bloemfonteln datea
Thursday, March 22, says Preslden'
Krugcr Is reported to have Issued n
proclamation declaring that Oreit
Britain Is In dire distress nnd that thi
Russians havo occupied London.
A'Sprlnsioiilcin telegram published gl&d jintdivLtiu Raaftas'fflSllBffiKiaiLESIEiarag wanted to take his company, ohi nnd
i in thu Bicoiul edition of tho l linos B r m wipe the eaith with Hie gugoos.' Wo
u, ays: .. (;;i)f Paul Mniln J ufi-n talk of Honolulu nnd tho codil
u the apparent submissive ttttltudo ot 13 !" "" numt fa neoiilo who entettatned as there. Tho
id. thu Fite huiteis should bo accepted H ... ....... la Adjutant cot n violin und niavedaha
-1 villi caution, 'ihe laite propuitlut of Gj fill ft L I M lllfi S hum last nlcht. Catit. Brftlth
uhsidctu inferior weupoits being tin lie. I
in by them lu the lliltlsh Is giving the
inil-iessluii that large stoics cf model n
Mauseis ate being coueealed.
The Outlook's special cot respondent
at Cape Town says:
Is running stiong against
-y with which lebclsof Capo
JNatnl nro being trcntcd by ,
Colony nod' Natal nro being trcntcd by
tlin Itilllfli mitlinrltlrs
(Associated Picss Rpeclal.i
New York, March 23. A dispatch to' JUnSeoishiii of tlto goviiiiitneitt diedgo
tho Trlbutio from London, Maich 23d, to tako Uncle bams commission. U
0 n. m., says: also contains aoiuu excellent dcscrlp-
No conilrmatlon has been received of i Hve wiitlngf leaiiy good book stuif,
a very sensational rumor emanating i which for Want of space must rcluc
titjni the Boer camp at Kroonstad that i tantly bo omitted 'rotn the extracts
Gcuernl Gatacro and his staff, with a
number of guns, hnvo been captured by
Commandant Olivier. As a matter ut
fact, n News telegram from Sprlng
foutcln shows tho British General to
havo been thero at a dato later than
that of his alleged capture.
(Associated Picsj Special.)
New York, March 23. Following tho
full text of Winston Churchill's Lady
umlth dispatch on treatment of Colo
nial rebels as cabled to the World:
What shall Britain do now with
those she calls rebels? has hecomo n
very Important question.
They may bo divided Into fotir
classes tho ringleaders, thoso taken
in arms, thoso who make voluntary
Btirrender othcrwlso than on tho Held
of battle, and thoso who creep back to
their fnrni3 without going through nny
The persons coming under tho first
two categories, those who have Incited
a district to rlso or havo plundered tho
farms of loyal faniicis or have com
mitted illslionoinblo acts of war, may
be hchl to deserve sevcro treatment
whether surrendering or taken In
turns, fur Insurrection has led to all
kinds of misery and destruction. More
over, It may seem must desirable to
llstingulsh between this class and thu
But theso who wish to make their
peace, whether formally or not, mny be
Hternly dltcctcd to remain on their
farms, working nt their ordlnaiy busi
ness, until tho Queen's pleasuro shall
he mado known to them.
ThlB policy, I undetstnnd. Is practi
cally adopted In Capo Colony, but lit
Natal, whero there Is n great loyalist
majority, who feel very bitterly toward
their neighbors, who havo "assisted to
bring evils upon tho land" more sovcrn
ttcntment Is apparently dcsltcd. I
cannot help thinking that this would
bo n mistake, because for one surren
dering rebel handcuffed and put lit Jail
ten desperate men will resolve to tight
to the bitter end with the Boers.
The British should not tr yfor their
pound ot (I call, but only to bring about
a speedy nnd permanent peace.
A proclamation tending to encouraeo
dcicrtlons from the Republican urmlcM
similar to that Issued by Lord Roberta
might be effective here. Many Natal
Dutch farmcts are anxiously watching
tho trentntcnt those who sunendor
receive, unmoved alike by loyal pas
sions or Impractical sentiment.
The British Government must estab
lish a uniform system uf treating the
unfortunate, misguided people, and 1
plead for n system In which mercy Al
ready treads clo3c upon the heels of
Justice. Tho British have by no means
a monopoly of right In this quarrel.
Their African record does not cntltlo
them to Judgo harshly and whatever
the right or wroug, tho only goal
should bo a happy, contented South Af
rlea. London, March 2X A dispatch to
the Times from Klmberley dated
"Tho dato cf tho departure of tho
Mafeklng column from here has not
yet been fixed. Tho head of tho rail
way has reached Content about thlrty
tlve miles north of Klmberley. 'I ho
pout nt Fourteen Streams Is guarded
by our troops. Skirmishing continued
around Warrenton. The Boera aro re
ported to havo four guns, but this Is
London. March 23. Tho Dally News
has the following from Bleemfontcln,
"It Is rumored that Mr. Krugcr and
Mr .Stcyn will meet at Kroonstadt, in
tho Orango Frco State, on April 4th,
to discuss tho future program. Tho
feeling between tho Transvaal and tho
Frco Stato Is very bitter."
London, March 22. Tlto Cape Town
corespondent of tho Dally Mall, telo
graphlug Tuesday, March 20th, says:
"I have Just returned from Bloemton
tcln, wheic I learned that no further
movement Is probablo for tlmo weeks,
as negotiations aro proceeding. I fail
ed to ascertain tho nature of tho nego
tiations or whether Sir Alfred Mllnnr's
departuio from Cape Town H connect
ed with them, but I should not bo
surprised If tho war collapses quick
ly." Capo Town, March 21. Cecil Rhodes
sailed for Knglaud today.
Friday, March 30.
Inspector Abercromblo looked Into n.
houso at Kamolltlll, supposed to bo
vacant, yesterday morning nnd found a
Jnpancso dead hanging iy tno nccic.
His nnmo was Nlshlmura, his ago 20,
and his body had symptoms that look
ed suspicious In tho opinion of Dr.
Kmcrson. Bvldenco wns forthcoming
that tho mau had been despondent
from chronic suffering. A por. mor
tem examination was held by Dr. Hoff
mann which gavo no results Indicating
Solomon Kino, Hawaiian, aged 22,
who has boen reported dally by Inspec
tor Voellcr ns 111 ot consumption, died
it Knllhl yesterday. As his case wns
unattended by a physician n post mor
tem examination Is being tioW.
Inspector Weller found a concealed
aso of Illness In Asylum road this
forenoon. Dr. Davis went out and
'nund n native man named Kekno suf
fering from bilious fever,
., .. ,, .,,., ,,. ,
f, I v n T .Mlll?r' 4.t,U In"
fanny, U. S. V., writes Horn uaraa,
AlUay PlOVItlee, P. 1., FebiUaiy 14,.
lauo, to liia 'Dear Uiaplain, l rlcuu '
nud Brother boot, Auurow Breiwn.
1 'tiler bus u good deal to say about ,
-.V.'?!' iVln 'w ISUC,I !!10!
captiiincy of Co. A, N. G 11 und the
"Captain Paul Smith sits nt the
other end of this tablo In a spacious
room ut Daraga chinch Inditing nil
epistle to his wlfo. " " Our voy
ago to Manila was delightful nnd Cap
tain Smith proved au inspiring aug
ment to our social life. On reaching
Manila we wcio sent to tho water
works, nnd Smith being stationed in
ono camp nnd 1 In nnolhci wo did not
foiegathcr quite so olicn."
Captain Millar describes a beauti
ful valley and Its Inhabitants nud pro
"Across that valley and the hills a
company went oucu In fix days on rc
connolaance duty, tho distance to the
foothills being about suven miles.
Theic, Cnptaln Smith distinguished
himself. It wns rptiortiid that tho In
surgents held Antlpolo across tho foot
hills twelve to fourteen miles nwny.
'1 ho doughty Smith captured a native
nud ntndo him lead tho way across tho
hills, and surprised the. Inhabitants of
that town by matching in there wltu
tho compnny. Smlih wan cutertnlncd
by the pi lest or "padre' and returned
with valuable information, reporting
u hard trip und a good time. Ho was
nf (award stationed at Tay Tay, ti town
with a ruined church and Innumerable
nlpn huts on Laguua tli Kay.
"On Fcbruaty -1 wo cmbaikcd on tho
Francisco Reyes bound for Lcgnspl, n
pott on the southcaste.'n coast ot Lu
zon. Wo had been cittipcd on Luncta
nt Manila since January 27 awaiting or
alis to proceed to tho Island of Minda
nao, and our ft lend bmilh had been
entertained by n host of oftlcers who
had met him In Honolulu, when news
enmo that n battalion of tho 47th lu
fautry was In trouble down here nnd
our battiiliou wns dispatched to Le
gaspl post ItiiBte.
"Wo reached Lcgaepi lu a torrent ot
rnln nnd Captain Smith went ashore
In a very rough sea. and brought back
tho news that the -ITtli wetu holding
Lcgaspl, Albay nnd Dnitiga; had con
siderable fighting, two officers bulocd
that morning, some men killed nnd
soventccn wounded. - Next
morning Captain Smith went out re
conuoltliing with his company and
Btlricd up such n lively fight that Ma
jor Cralghlll had to nnny out with
two companies to hit. rescue.
"The captain went over Into the hills
nnd chased them two miles, he nnd his
conirnny behaving In a vciy courag
eous manner, capturing a small cannon
nnd some prisoners, f-tneo that time
thu captain nnd his bold lieutenant
(Mr Cartwcll, popularly known ns
Cornmcal and Oatmeal) have been
scouting the hills with rmall parties
and making outpost duty very un
wholesome for the enemy.
"Tho 47th returned to Lcgaspl nud
Captain Smith nnd Lku'enants Cart
mell of F, Mitchell und Pntcrson with
myself cf II, the Major and Adjutant
Sayro aro holding t!u foxt here. Our
church makes tho finest of quarters
and wo nro very comfortable.
Tito town Is now a pjJ pleturo of deso
lation surrounded by beautiful country
on all sides. The 'Insuri co
lors' attack our parties botween here
and Albay, but have tin!- succeeded In
perforating n bull cait und wounding
one man of my comnaay.
"O.i tho 11th Col. Howe, two com
panies of tho 47th and Captain Marplo
with H ct the 10th scnuruu tuo coun
try between Lcglispl and tho volcano
on the north sldo. capturing som
prisoners and raising tho Dickens gen
erally as we watched them from the
tower. Tho colonel and two companies
cot hero In time for dinner, but one
company, which wcj left out In tho
brush, got surroundcu by tho insur
gents and wo all went in tho rescue
and had a lively engagement for about
thrco miles. Tho Insurgents wero In
an old tower and in ti euches at the
baso of tho volcano. '1 hey wero en
trenched on tho road und entreuched in
tho hills. Lieut. Cartrnvll with nil of
Capt. Smith's company not on guard
at tho church took tbo road. Capt.
Marplo took tho open with tho 47th,
and Major Cralghlll sunt my company
into tho hills.
"Capt. Smith was vciy much disap
pointed nt being on guard at the
chinch, but I had to do the same thing
during his fight. When tho advance
commenced the men la Ihe open push
ed ahead. Those going into tho hills
whero Capt. Smith had gone on the
8th hnd to advance through groves ol
' banana and cocoanut trees over tin
! hill ncross n river and ever trenches
nnd up another hill.
"Ono man fell dead, shot through the
heart. Lieut. Paterson, who was on the
oxtremo left, got outllanked by the
enemy, being attnehed In rear, on the
left and In front, but he succeeded In
silencing tho lire, llnlomen hid In the
brush to attack at our halts, but tho
men shot, clubbed or tojk them pris
oners. By and bye wc reached the
open to Ilnd 'Oatmeal,' Lieut. Cullen
Mitchell, Adjutant Sayre, Capt. Marplo,
Lieut. Blrdlo Mitchell, the Major and
Colonel chasing the tou in all direc
tions. Wo had been fighting two hours
and a half, and it .teemed but half an
uour, wncn tun oruer was given to it-
turn to camp. r
"Capt. smitn was attacKcu me otner
day on the road when out wttn a small
, patrol, and he was 10 Indignant that he MMMaiaaMal
r " " ."r".""-" ; "' ' Jm.i,i.ii. .
nstonisiicii us cue day uy apiiearing in
tho unlfutm of a coloi.cl of tho Univu-
Han National Guard. 1 think tho
blouse Is Col. Fishers and has n dlaiy
jn t10 Bieovc
A1H.,h Rnvrn nn 1 I.lM.f r,r'lmil
wcnt out BcouUllB t0K,,!hcr 0U(jy,iny
,, rn nl) llUll , 0'r
Blx .... n llpllniI ,.,..,. nrlR. lirni.r
advance was the qjcitlub. TI.ey-nio
both cx-Ilough Kldcif, ui they jueclited
to charge wllh n yell, wilch they Im
mediately did, filing their rovolve.ru.
Tho Insurgents thinking tho whole
American army was after them run off,
and beforo they had recovered them
selves Sayro and Cnttmcil catti' down
the hillside, using all their feet und .
their nether cxticmltles In stepping
down the steep trail, und nrrlvcii S'kfu
to tell of their exploit.
"Wo havo been out of Inspiration
for a long time, but lajt night the quar
termaster came- out wllh thrco pints
of whisky nnd wo Imm-dlutely pro
ceeded to eclcbrato tho cud of our ions
fast. Smith asked for n toast a la
Burns nnd thu following was thu re
sult: '"Tho Lout nnd Otis nnt us hero
To do things bold and risky;
We'll do them with n will is long's
They don't cut off our 'vhlslcy.' "
With twenty years expe
rience, King Bros, claim first
. lace as picture trainers. You
will ahvays be satisfied if you
have this sort of wotk properly
done. Enough saiJ. KING
BROS., 110 Hotel street. "
FRESH UN I'lOltl'ulSsU BOCK.
The last of thu jsciuuti ut thu Mer
chants' Exchange Just arrived by lust
Australia. 'Ibis is brewed only once
u year. Come boys nud quench your
thli st, for It's n lung tiinu to wait for
the next brew
Omaha, Neb., March 19. When tho
present war In South Airlca Is ended,
ns It Is supposed tt will end in the BUb
Jugailuu of the Boom, thu Burlington
people anticipate that thousands of tho
Transvaal people will be desirous of
getting nwny fiom British rule, ns they
wero wncn they weiic to tho African
In P"ruan en'.Tiex-ru loi lsl'eil outrf
ihe Cir.u 1 1. emit n th? Hrt C M.it eu
the oh dav ot Mircli, A. i . loco, nie
matt r of J. M. Vivas vs. A. jjp Itn-r. I
h iv- n tli (j h d ty uf March A IJ. lyoo,
1-vieJ upon tit- r al i r prrty iif the silJ.
JVen ant A. SM in r, b- k Ii e err a'n
prenii es l u.i e on Qu r v Mrtet n-ur li
ner f 'ai'l -Irett. in Hunn iiln, audi
mure 'nil hnuiijc J ji.J do crliH J n It. P.
r ints viz: iCji anJ 3674 sc nveed
liv th Pep hllc if H wa 1 to Frank smith
11 O ' Ixr i, 1S0 . ad the 18 o' Uecem-
be 18.13 r ret vel ,auJ b-iir the same
temi es- con yejj to (J. S IJeskv by
led t Pr 1 1 Sxulth dated July 9, iof.
nd rccorJcJ In l.'hei 155, ags 75 and
76. ai.d luut'il- itii! an area 11' ll,25
-qu re 'n-t nui e ir le , a-'el III e I the
atne, u JM to a mo-tjiaRe ilatnVUe em
er 21. 1894, fo SJ300 rcn de ill Buck
187, 1 age 17G, at 1 un Ic au ti n, at the
tatlnii It n-e. K1l.1l; ualhih, on Won
I y. tin" ifi'li dav of A, ri , A D icco,
t 12 o'clock noon s U elate, to
he IiIri est blJiIer, un!ss the j .dmnent,
inte est, cot, niii:y e. tnse sliall te
' '' ' CH -.S F. CHILI INGWOR I H,
1 nolu'u Oaliu. Uepuiv Marshal.
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tuUKtt Tmtlt met Sstat
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