Newspaper Page Text
rrr"ftar 'yWJMgea IMMi
The People Get AH the News of the Day.
From the Progressive Bulletin. J
Vol. IX. No. 10 J
HONOLULU. TERRITORY OF HAWAII, MONDAY, AUGUST 20
Price ," Ci:xts.
AclvurtlMurM , 'j
Money's I wi
He Holds a Court
Equity Cannot Re-
IN CIRCUIT COURT
They Hold Water This Time-All
Pleas Not Guilty-Furious Driv
ing Case Reaches Second
Judge Hardy of the Fifth Judicial
Clrcsult, Knunl, has rendered a decision
In the case of I'eketo Akeau vs. Ia
kona, Kahuc and Noa Kulkl. It was a
1)111 in equity to set aside a decree of
the probate court admitting tho alleged
wilt of Kamalenul to probate.
Defendants In their demurrer admit
ted the allegations of plaintiff. Theie
showed that Kamalenul died Intestate
without Issue possessed of certain
lands. His heirs were his widow, Ills
nephew and three grand-nephews. In
konn, one of the granditephcws, pro
cured the admission of an lnv-illd docu
ment to probate as the will of Kama
lenul In the probate court ot the I'ifth
Clicult. By tho fraudulent will la
kona was given a considerable part of
the real estate and as to the remalnd
ci no disposition was made.
Judge Hnrd)'s decision sustains the
demurrer on the ground that a court of
equity lias no jurisdiction to revoke, a
will. He cites tho uniform practice, of
the Hawaiian courts and a great pit
ponderance ot American and English
authorities In support of this decision.
Kinney, Bnllou & .McCIanahan for
plaintiff; T. McCants Stewart for de
fendants. Ah Chong was arraigned on a now
Indictment for selling opium. Judga
Humphreys oer ruled a motion to
quash, and defendant pleaded not guil
ty. He Is defended by J. T. Do Bolt
and Robertson & Wilder.
Ishl Kuglcht and Ishl Hanzabro
pleaded not guilty to assault with
deadly weapons. Atkinson &. Judd de
Kane, on new Indictment for rob
bery second degreo, was allowed till
tomorrow to plead. O. D. Gear for de
fendant. John Antonc. uttering forged Instru
nieiit, pleaded not guilt) on new Indict
ment. Kaulukou and Hitting arc his
Ktl, malicious burning, pleaded not
guilty after Kaulukou and RIttin;
failed to hao his new Indictment
Frank Darrat was put on trial a
second time this term for furious dilv
Ing, the Jury on the first trial having
disagreed. Do Bolt defends him. Tho
Jury consists of H. I Wlrhmnn, II. G.
niart, C. D. Ripley, R. A. Dexter, n. S.
Cunha, SI. K. Keohoknlole, W. C. Wil
der Jr., Wm. Chung Hoon, W. SI. O.-n-ham,
Frank Vlda, F. II. Armstrong and
O. W. Hayseldcn.
GEORGE MANSON SEEN
It Is authentically reported that Ho
nolulu people saw Georgo Slanson at
tho TIvoll, Snn Francisco, before lait
arrival ot tho Australia.
Bli Souvenir Paper.
Franklin H. Austin Is getting up ma
terial for a big souvenir edition of tho
Paradise of tho Pacific for January 1,
1801, It will contain over n hundred
pages and cost about $8000. Tor somj
time Sir. Austin has been doing the
country along the Oahu railway, and
will go to Kauai next week. Ho Is
living at Pearl City because he llltos
Secretary Cooper Is so well satisfied
with the greater popularity ot tho
Sunday band concerts on the CapIUI
grounds that, Instead of continuing
them in alternation with concerts nt
Slakee Island, ho Intends to have thorn
on the Capitol grounds every Sunday
The Coyne Furnlturo Co. Is selling
fm nlturo on th clnstallment plan and
nn opportunity Is thus offered to com
furtahly furnish jour houso on cany
Manila clgnrs aro going at flvo cenla
n plfdt nt the .Myrtle Cigar Htoro next
thu Orpheum Cold, refreshing ill Inks
dispensed by white labor me u special
A completo now stock of gcnti
hlrls, tollau and cuffs at L. D,,Korr',
Queen street, "
JAPANESE HORSE RANCH.
Walluku, Aug. IS The Japanese nrr
noted for keeping horses, nnd If n Jap
has n liking for a horse no nntter wlrtt
the coit. ho Is bound to get It. Time
are about half a dozen Japanese 01
Vlnejard street In Wnlluku In a houso
the ard of which Is hardly forty feet
square; jet In this small enclosure
there aro kept four horses, nnd one enn
Imaglno how filthy this place Is, and
that such a place could be allowed to
exist within 500 yards from the court
house Is be)ond the comprehension ot
Complaint From Cook 8trect.
Residents of the lclnlty of Cook
street below Queen are making com
plaints about that portion of the thor
oughfare. They state that stagnant
water has been allowed to stand there
for threo months or more nnd that
this In connection with tho fact that
rubbish of all kinds, with tin cans,
bottles nnd the like has been dumpd
tlire, makes th eplace a pest breed
Services fop Walluku.
Walluku, Aug. 18. Rev. Wm. Ault
writes from Kohala, Hawaii, this
morning per Klnau, that he will hold
sen lees In the Anglican church hero
next Sunday, August 20; Holy Com
munion at T a. m. and matins at 11 h.
In Ashantl War.
Dr. Ed. Armttage of Walluku has re
ceded Information from his brother,
who Is an officer on the Governor's
staff nt Ashantl, ot his safe arrival at
tho Gold Coast.
1 1WY WH
COLD STORAGE PLANT
Group of Large and Substantial Buildings-Experts
in Charge of
the Installation of Manu
Operations In building and equip
ping of tho Honolulu Brewery Co.'b
works In Queen street arc steadily ad
vancing. Tho whole forms one of tho
heaviest undertakings started here for
years. Several massive bilck build
ings with Iron pillars and Joists and
cement flooring nre approaching their
The Ice-making and cold storage
building is up three stories and n
fourth will be added to part of it. Fur
naces and boilers have been Installed
In this department, also the greater
part of the lec-making apparatus. A
lot of tho plant for both branches of
manufacture lies boxed up on tho
SI. . Smith, nn expert from tho
East, Is In charge of the machinery In
stallation. Ho was connected with the
great works on the World's Fair
grounds In Chicago, which were burned
down with great loss of life, and Ins
Instnlled Ice and storage plants In
C. It Johnson Is nn expert for the
Stirling Boiler Co. Both ho and Sir.
Smith aro attending to other heavy
contracts In Honolulu, Including tho
Kallhl pumping station nnd the addi
tion to the electrical and cold storage
works of the Hawaiian Electric Co.
Harper Intercuts Sold.
Now York, Aug. 9. Harper Brothers'
building at Pearl and Cliff streets, to
gether with all the printing presses nn I
other apparatus, and with all rights
to publish the Harper periodicals, were
sold at the New York Stock Exchange
today for $1,100,000 to Alexander E.
Orr, chairman of the reorganization
committee for tho publishing house.
The property and business were sold
by Br) an L. Kennelly on a foreclosure
sale on a mortgage held by the Morton
Trust Company. The right to uso the
name of Harper & Brothers is IncludeJ
In the sale.
Deputy Marshal Candidates
Walluku, Aug. 18. It Is rumored
thnt ex-deputy sheriffs Wm. O. Scott
and Wm. II. King of Walluku nnd Mu
kawao districts, respectively, aro can
didates for tho otnee of Deputy SUr
slinl for tho Second Judicial Circuit,
comprising tho Islands of Maul, Mo
lokal, I.anal nnd Knhoolawe. Both are
good men with brilliant past tecordi
and tlioro Is very little to choose bo-
twven tho two.
Great sale of boots and shoes at 5
cents on the dollar at I.. B. Kerr &.
Co's shoe house, corner of Fort nni
THE WATERMAN H)E.I. FOUN
TAIN PEN, All sizes, nil shapes. II
V. WICHMAN. "
Decides He Has No Juris
diction and Discharg
HANKEY CITES MANY
A GOOD AUTHORITY
Kinney Is Very Shaky on Original
Jurisdiction But Believes Commit
ment Power Is Not One
Edwin S. Gill, editor of the Republi
can, appeared In the District Coort
this forenoon on the general charge of
libel. Deputy Sheriff Chllllngwort'i
announced that Kinney, Ballon & .Mc
CIanahan would conduct the prosecu
tion. Representing this firm were
SIcssrs. Kinney, SIcClnnahan nnd lllge
low, while Slessrs. Slagoon and liar.
key appearcil for tho defendant.
Attorney SIcClanahnu presented an
amendment to the general charge of II
bel which was objected to by Attorney
Hnnkey on the groand that It wns i
new complaint nnd that the same had
not been sworn to as prescribed Iv
Judge Wilcox overruled tho mottoi
of tho defense, to disallow the amend
ment and, a copy of the same bavins
been filed with the clerk, the case con
tinued. Attorney Hankey entered a
plea for want of Jurisdiction on tho
following threo grounds:
First The complaint herein chargo
an Infamous crime for which defen
dant can he arraigned or tried only
upon presentment or Indictment by i
Second That tho punishment and
penalty which may bo visited upo'i
conviction are, and each of them Is, In
famous. Third That the offense charged le
such that the defendant Is entitled to n
Jury trial, as guaranteed by the Con
stitution ot the United States, In tho
first Instance, without resort to nn ap
peal, and that this Court Is not m
powered by law to grant defendant that
Whereupon defendant alleges that
this Court has not Jurisdiction ot said
complaint or cause and prays that tho
same be dismissed and tho defend mt
Next followed a lengthy argument
by Attorney Hankey, during which au
thorities galore were cited. The con
tention ns that tho Dhtrl't Slag'i
trato had absolutely no Jurisdiction on
tho ground that tho punishment nnd l
penalty which might be visited upon
conviction were Infamous and ns mien
tho Indictment of a grand Jury wa-
After the argument of tho defense
had been completed, Attorney Kinney
admitted for tho prosecution that he
did not believe the District SInglstrate
had original Jurisdiction but that the
commitment powers remained in
shnken. The grounds of Jurlsdlctl in
were argued back and forward until
close upon the noon hour.
Judge Wilcox sustained the plea of
the defense nnd discharged the defen
dant, stating that ho was convinced h
had no Jurisdiction In tho matter.
Just hero ho clte.l the caso of Barney,
charged with the murder of Lorbc-r
n week ago Sunday. The man win
charged with murder In tho first degreo
nnd his namo was on the calendar.
Iieforo coming to trial for commit
ment, tho Attorney Genernl nppeared
before tho District Slaglstrnto nnd
stated that It was not ncccssnry for
Barne) to bo committed by him slnco
ho would have to go heforo tho grand
Jury. Barney was taken out of tho
hands of the District Court and ap
peared later before tho body mention
Tho decision of Judge Wilcox wns
based mainly on the second ground of
tho plea for Jurlsdlctlor relating to nn
Thcro Is no doubt whatever that Kin
ney, Ballon & McCIanahan will carry
the enso to the grand Jury, after hav
ing gone through (lie requisite prelimi
naries. Clilncne Cruelty to AntmalH
Wnlluku, Aug 18. A Chinaman win
arrested In Walluku tho early part cf
this week on t'no charge of cruelty to
animals. Tho Chinaman rode n liorto
with a very bad soro back all tho way
f i om Keokea, in the Kuln dlstrlrt
nliout twenty miles or moio from Wnl
luku, nnd wns about to ritiirn to lilt
lionm In Ktnken when ho wns Inter
ciptnl li) tint pollen nud mado to pay
a line of 2R 1 here Is nnotlier Chin i-
tnaii In Wnlluku who ought to bo ar
retted by the humaiio officer fur ex-
tremo cruelt) in that he trlei to statve
his horse to death The horse Is In a
very weak condition now but still tl,
owner ties hi in up In his yard when
the horse hardlj gets a mouthful of
grass during the day .Mr. Kerr, the
horseman. sa that an) ono who
starves a horse ought to be killed.
INSPECT MAUI POSTOI'HICES.
Walluku, Aug IS II II. Hall, one
of tho V. S. Postofflco Inspectors, bus
been In Wnlluku this week overhaul
ing tho books of the postmaster nud
also giving much needed Instructions
to tho emplojes. Sir. Hall also In
spected the Slnknwao, Kahulul and Ki
nd post offices, nnd lie expressed his
satisfaction at tho manner the offlcln's
on SInul conduct the business of tho
Deputy Sheriff Knlninn.
Wnlluku, Aug. 18. Sam Knlamti
formerly captain of police for tho Sln
knwao district, has been appointed
deputy sheriff of tho district, In place
of W. II, King, resigned. Sam Kah
ma's commission tamo up this week.
This appointment of Sheriff Baldwin
has also met with the approval of the
citizens of that district, for Mr. Kala
ma Is a oung Hawaiian capablp of
performing tho duties of his new ofrb"
Up On TantnluH.
A largo number of Honolulu people
driven to the higher levels to escape
the heat of jesterday, naturally flockol
to Tantalus where the day was spent In
various places. Two busses, as mnuv
wagonettes, buggies nnd other convey
ances were noticed along the roid it
Is needless to say, ever) one forgot thcro
was such a thing as heat.
OLAA JAPANESE KILLS
HIS WIFE FOR TRIFLE
She Refused to Accompany Him to
New Home-Apparently Indiffer
ent to Enormity of
lillo, Aug. 16. A Japanese laborer
Is In Jail charged with murdering liM
wife. Tho man was planting enn in
der contract with the Olaa Sugar Co.
and his wife was engaged In doing odd
Jobs In tho neighborhood.
For some tlmo past ho has been do
slrous of going to .Maul to llvo but his
wife objected. This aroused his sus
picions and he pressed her to go with
him, but she steadfast!) refused. Lust
Thursday night ho made a final ap
peal and she refused again, so he drew
" knife and stabbed her several tlnus
ln "l0 throat. After ho had hncke I
nwn) at her for a time and she showed
nl signs of life, ho left her and pro
ceedeil to tho store of Frank Sakamaki
at nine miles nnd told his story to thu
proprietor, who advised him to sur
lendcr himself to the police. Ho ngrctd
to do this and Sakamaki telephoned ti
the sheriff's office nnd nlso to Captain
Hitchcock at Olaa.
When the officers arrived ho admit
ted tho stabbing and said ho thought
tho woman was dead. Captain Hitch
cock then went to tho place whero tin
woman wns, taking with him tho Jap
anese ph)shlnn. She was found Ijlin
In front of tho houso In n pool of bio 1 1
and In n semi-conscious condition. Hhe
wns removed to her houso nnd the
wounds dressed. Captain Hltchcoe'c
then brought the prisoner to Hllo nnd
at da)llght the woman was brought to
Hllo In a litter nnd taken to tho hos
pital, at which place she died Satur
day night. At tho prellmlnniy hearing
on Monday the husband waived via
mlnntlon, Deputy Sheriff Ljman said he learn
ed In Olaa that the man was dovntcj
to tho woman, bestowing much tlmi
nnd attention upon her when sho was
PreHentcd With a Desk.
Deputy United States .Marshal E. R.
Hendry was presented with n hand
some roller top desk Saturday by H
Hackfeid & Co., Ltd., In recognition of
past favors and uniformly courteous
treatment In connection with matter?
of business which enmo up during the
plague epidemic. Sir. Hendry Is very
proud of tho present.
Ilcntl Luna at Wnlltileu,
Wnlluku, Aug 18 W A Smith,
former!) head lunn of Walluku plan
tation, It now head ovtrseer of the
Kuannpnll section of tho Pioneer Su
gar .Mill Co. In place of H. Illrkine)er(
who has been gianted u leave of ah-
Iwakninl, Hotel strict, Is offering a
new lino of linen centerpiece forU
bin, embroidered In fancy colorf.
11 II Hi
f M 11
The Five-Year Limit to
Protest Against Second Saloon There
HeededMr. Irwin's Report on
Hawaiian Exhibit at Paris
There was a full attendance at the
Governor's council this morning.
Governor Dole read n letter from
Commissioner W. O. Irwin nt the Pa
ris Exposition, giving a satisfactory ac
count of the Hawaiian exhibit.
Another letter he read was from Sir.
R)an, assistant secretary of the De
partment of the Interior, Washington,
epl)lng to un Inqulr) regarding home
stead lenses nnd right of purchase
leases The repl) holds tho opinion
that, although leases of agricultural
hinds nre limited by tho Territorial
Ait to live )e.irs, the limitation would
not apply to the leases In question us
the) are not real leases hut virtually
fee simple titles pa)nble In Instalments.
F. L. Leslie's quieting title matter
came up again with a letter from .1
SI. Slonsarrat, attorney, but action was
Sir. Hewitt wus recommended for a
light wine and beer license at Walmira,
II. J. Harrison's application for n li
cense for an additional saloon at l-i
halna wns rejected on account of n
remonstrance from peoplo of tho ills
trlct which It wns voted to respect.
Tho Attorney General was directed
to give an opinion as to whether lha
Legislature should have to establish
the new taxation rating before tho first
of January, or If the Legislature woull
have power afterward to modify tho
rating required to bo made at that
Sir. SIcCandless submitted a request
from Victor Hoffman, contractor for
the brewery construction, for permis
sion to lead water from the conden
sers, through a terra cotta drain pipe,
to the Kewnlo ditch. It was granted
the Idea being that it would be a good
thing for the ditch.
Sonic Recent Dcntlm.
Dr. W. Hoffmann held n post mortem
on the body of Kaiiewahlne, a native
married woninn ngeil CO years, in
School st i let. He found the cause f
death Dphold fever.
Dr. C. L Garvin held n post mortem
on tho bod) of Knlua Walenlka, n gill
of two )cars who died nt Kallhl, mid
certified tho cnuse as pneumonia and
Pepehi, a single Hawaiian woman
nged 78, Is certified ns d)lng ot old age.
Dr. W. S. Noblltt wns nttendlng ph)s.
clnn, and Dr. Gaicln tho ccrtlf)lng one
Fight With ii tlnpnncHc.
Shlmodn, one of the hangers on at
tilt) Iwllci corral, was lined )25 nnd
costs In the Police Court this forenoon
on tho charge of assault on Polite
Olllcer Spencer. It appears that Shlmo
dn went about telling the peoplo ot
the place that he was a police officer.
When Spencer nrrlved on tho scene,
tho Japanese tiled to eject him. Af
ter a rough nnd tumble fight, Spencer
downed his man and then took him
to the pollco stntlon.
Lunulllo Home Blaze.
Tho flro whistles this morning tn
liounced a fire at Lunalllo Home. A
general alarm wns turned In hut onl)
the engine from tho Plains flro station
went to the scene. The roof Hint cov-
ers the tank houso caught fire through
some unknown way and was badly
burned, the damago amounting tr
ubout 123. The blnzo was put out with
but little trouble.
C. I. Clement's advertising maga
zine "The Naked Truth," comes to th
business community us u double, num
ber this month. As the pioneer ndw.r
tlslug agent of Hawaii, Editor Clement
shows that he Is not behind In the I
progiesslwi pneo nctli) couteuiporntles
of the Mainland His magazine is re
plete with valuable suggestions to all
branches of trade
Captain Ihrger Is Instructed to r.lu
a serinade loniert h) the Government
baud nt Washington place on Septem
ber 2 In houoi of former CJuku Llllun
- M ,i ii t n i t, . ,v. g a
.' KtugcH of the Ailvnncc.
' Taku to ricn-tslii 27
Tleti-isln to Peking 79
' Tien-tsln to Ynng-tsun
" brhlgo 17
Tnngku to Chung Liang
l Cheng 131,4
t:- Pel Ho river to bar at
v .' .i v is a . i'v ::
Labor Men to Meet
With Governor Dole
Slessrs. E. 11. .Ma). J. J. R)an nid
John Lund a sub-committee of tho
general committee chosen a few dayj
slnco by tho labor men to mako ar
rangements for the celebration of La
bor Da), called on Governor Dole thl
After u short conference It was
agreed thnt the general commlttea
meet the Governor at tho Capitol at
12 noon, Tuesday, August 21, to illscu.-s
such matters ns the participation cf
the National Guard, band and flro de
partment In the Labor Da) parade.
The following, constituting tho gen
eral commltteo, will meet at tho hni.J
stand on tho Capitol grounds a tew
minutes before the appointed hour in
order to be nble to nppenr before the
Governor ln n body: E. II. Slny, mi
chlnlsts; J. II. Connors, plumbers; J,
J R)nn, boiler makers: J. Koslek.
hrlckln)crK, II C Heed, pattern mak
ers; I v Rasmiisscn, sailors; J. Sin-
tos, barbers; I) Curran, marine engin
eers; Geo Crozlcr. blacksmiths: P.
Rnllea, harness makers; John I.unJ,
painters, P II llltrh, s.illmakers, w.
A Roberts. O R & L Co ; L II Wolf,
electricians, James Klnslea, prossnun;
James O'Reilly, plasterers, and W. Jf.
Vllllnsuorth, carpenters. E. H. Slay
Is tho chairman nnd Geo. R. Stoll lh.9
Maul Rcpuhllcnnx Confer.
Wnlluku, Aug. 18. The Central com
mittee of the SInul Republican Cluli
consisting of Senators II. P. Baldwin
nnd A. N. Kepolknl, Sir. Searles nnd
others, Is holding nn executive mecttns
at Kahulul this afternoon for the pur
pose of discussing Important matters.
D. H. Kahaulcllo, ono of tho membra
of the committee, Is at present on Slo
lokal. Yachts Out Yesterday.
The )achts Bonnlo Dundee, Slyrtlo
nnd Abjile SI. were out )estordny with
a lot of sportsmen. There has been
so much talk of Into about tho superior
sailing qualities of tho Slyrtlo tint
peoplo along tho water front were sur
prised to see tho Bonnie pass her with
out any trouble whatever. Tho Abblo
SI. went out to Koko Head.
Walluku, Aug. 18. Sir. and SIm.
Robert Nnwahlne of Wnlhee, .Maul, will
give a big hlrthdii) loan nt their home
at Wnlhee this afternoon In honor of
the birthday anniversary of their In
fant child. A largo number of their
friends havo promised to gather aroiu.d
tho festlvo board to honor tho occasion.
To Meet Rev. Takuhnshl.
A special meeting of the Japanesi
.Methodist church will be held In tho
usual place at 8 o'clock this evening to
meet the Re, T. Tnknhashl, who lciues
for San Krnnclsio soon to represent tl.e.
church at the regular annual meeting
of the American Board of Foreign Mis
slons at that place.
.Manila clgnrs 5 cents cnetil! High
I.lfo 3, Insular Londres I for 25 c. SI)r-
tle Cigar Stand, next tho Orpheum.
CLOTH und KID TOPS
BLACK and TANS
1 liese are handsome gooJs at
more than satisfactory prices.
The wearin; qualities
Try a pilranJfeeif ueare
not truthful In our statement.
ace . .