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From the lroftrclvc ttullctlti, IfCIC
Vol IX No. 1(1120
HONOU'lit), THHltlTOHY 01' HAWAII, MONDAY, AI'lH'ST 527, 11)00
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Many Jurors Challenged
Several Jurors Let Out for Scruple3
Against Death PenaltyW. Wm
Dittond Cannot Credit Japa
Judge Sllllman presided In the Jury
courtroom thin morning.
Amlmuto wns put on trial for murder
In the first degree hy killing Hurl at
Kahuku. The follow Ing Juror were
called: M. K. Keohokalolc, F. W. Ma
klnney, 0. U. Thrum, Rugenc Sullivan,
W. M. Templeton, C. II. Crnne, 13. 8.
Ciinha, W. M. Ornlmm, John Wntor
house, flco. S. Wells, W. C. Wccdon
and John II. Srhnack.
Deputy Attorney Ocncrnl J. V. Cath
cart appeared for the prosecution, and
F. W. Hnnkey and A. L. C. Atkinson
fo'r ffie defense.
Mr. Wcedon was excused because he
dill not bellevo In capital punishment
and II. W. Gcon was colled.
When nine1 of tho Jurors had been
passed for cause, some after very
searching examination of the state of
their minds, Mr. Cunha stated that he
bad a prejudice against anyone using a
knife. Tressed by Mr. Hnnkoy the
juror said that, whllo he thought he
could render a Just verdict according
to the law and tho evidence, It It were
shown that this defendant carried n
deadly weapon, unless n satisfactory
exnlnnntlon could bo given of the cir
cumstance he should consider him "a
'Mr. Hankey asked that Mr. Cunha bo
excused for cause.
The Court thought the Juror might
stand aside for the present, as some or
. even all of thc-otjicr Jurors might en
tertain the same prcjudlco against car
rying a knife."
Mr. Hankey said he Intended to Insist
on the challenge.
Mr. Moklnney rose to say that ho
shared the prejudice In question.
The Court asked tho panel to retire
while the question was being argued.
Mr. Hankey argued for tho challenge,
claiming that a very slight prejudice
often bent a Juror's mind against a
Just verdict. ,
Mr. Cathcart In tho course of his re.'
ply said he had no doubt every honest
man had n prejudice ngalnst anyono
carrying a deadly weapon without law
ful oxcuse. As well It might be held
that a prejudlco should not exist in a
juror's mind In a case of burglary If It
were proved that the defendant had
been caught with skeleton keys on his
person. It would not be n good prece
dent to excuse all of these Jurors who
might have a prejudlco against carry
ing murderous weapons.
Mr. Hankey explained that he only
raised the point In the case of this ono
juror because he had voluntarily stat
ed It would requlro an effort on his
part o do justl ce on account of the
strength of his prejudice.
The Court denied tho challenge,
holding that tho statement of tho Jur-
or was more due to over-consclcntlous
scruples than to prejuldce.
The Jury being called In, Mr. Wells
said he had formed an opinion that
would require evidence to remove. He
was excused and W. C. Wilder Jr. call
Mr. Cathcart expressed satisfaction
with the Jury.
Mr. Atkinson peremptorily challeng-,
cd Mr. Crane, nnd Frank Vlda was
called only to bo excused for his dis
belief In capital punishment.
Tho defense challenged Mr. Water
house and V, W. Dlmond was called.
He had an objection to verve on tho
Jury, nnd the Court excused tho rpst
of the panel until his explanation was
heard. It proved to bo that he had no
confidence In tho ovldcnco of Japanese.
Doth sides nnd tho Court promptly ex
cused htm, and the others were recall
ed. H. C. Dlart was called. Mr. Graham
was excused and F. II. Armstrong call
ed. Mr. Wilder was excused nnd Chas.
N. Hose called. Mr. Thrum was ex
cused, nnd Geo. W. Haysolden called.
W.-M. Templeton was excused nnd II.
A. Dexter called. Mr. Haysolden was
, excused and C. n. Ripley railed, who
did not bellcvo In tho death penalty.
The Court dented challenge for onuso,
and then the prosecution challenged
Mr. Ripley peremptorily. Bam. W.
Spencer was colled, and once moro Mr.
thsH ntutimiirH nnlUfmllim lih
( the J try .
Afir rmitit for the itefrnne hail
t ihtillil n few moment they ihal
, IciiKUl .Mr I'lihlia. unit C M. Liwelane
wns tailed lint excised. II. O, WMtr
was raltr.l. Mr. HehtiArk was cxcuiieil
and Geo. I!, HinlllitH railed, who find
soritplea against capital punishment
nnil wns excused for cause. Jacob Ijiii
lo w-ts called.
At lliBS lioih side expressed sails
fndlon with the Jury nnd they wore
(worn to try the case. Ititfii tlicn
Ill LlQlit Annllillnteil.
Ilorlta, a small bearded Japanese,
was arrested hy Ofllrcr Palenapa Bat
urdoy night on the charge of riding a
bicycle without n light. Asked what
he had to say, the Japanese stated that
he was under a very brilliant electric
light when arrested nnd the contrast
between this nnd the light nn his bl
cycle was so grout (hat the policeman
did not see the latter.
Palenapa said the light on the bl
cycle was not burning and Horltn, seek
Ing to find some reason for this, said
tho light was put out by the policeman
pulling him oft his bicycle. Judge Wil
cox told tho Japanese very plainly he
believed him to be prevaricating nnd
Imposed a fine of IS and costs.
Three Small Concessions
Wanted in Return for
Right of Way.
FOR STANDARD OIL CO.
More Requests for Light Wine and
Beer Licenses-Water at Waia-
hole-Crime That Forfeits
Treasurer T. F. Lansing at tho OoV'
ofhofs'ToifffcIl this morning rcad-a let'
ter from Castle & Cooke, Ltd., asking
for leave to erect a Jcerosene warchouso
for storing goods of the Standard Oil
Co. It was referred to the Attorney
General to report on the law.
The application of Morlmoto, approv
ed by Sheriff Andrews, for a light wine
and beer license at Hoolualoa, was ap
proved conditionally. The locality Is In
a largo school district, and tho dis
tance of the proposed shop from a
schoolhouso has to bo regulated.
Akt & Co. want a light wine and beer
license for Kawalhae, which Is under
Commissioner Drown submitted an
application from T. F, Lansing nnd
L. L. McCandleBS tor water rights on
public land at Walahole. It was refer
red to Superintendent J. A. McCund
less for investigation as to the probab
ility of the Government's requiring
tho water for electric lighting or other
Attorney General K. P. Dole was In
structed to notify sheriffs that cilmo
punishable by more than ono year's Im
prisonment Is In the category of Infa
mous offenses nnd Involves tho loss of
civil rights to tho person convicted
Superintendent McCandlcss submit
ted a proposition from the Ilernlco P.
Ulahop F.stato for granting a no-foot
right of way to the Channel wharf. If
the Government will assign to tho Hs
tnto n portion of the land occupied by
Sorcnson & Lyle with the marine rail
way, nnd charge no betterments against
the Kstnte now or hereafter, nnd make
the proposed street Join Ala Moann,
oi tho Ilench road, at right angles, tho
Rstnte will give tho Government tho
desired right of way.
Tho proposition was deemed weighty
enough to bo taken under consideration
before action thereupon.
. Pinned Under n Bok.
David, one of Hustace & Co.'s dray'
men, was badly shaken up In an acci
dent on nrewor'a wharf this morning.
Ho was engaged In the work of pushing
a box of machinery on his drny when
the thing slipped, fell nnd plnped him
to tho ground. Tho weight of this box
wns 880 pounds. When It was lifted.
David crawled out and, much to the
surprise 'of everyone, the only Injury
sustained wns a wound nn one of his
logs. No bones were broken. The na
tive was sent to Ills homo In n hack.
Better D'ub'ft U ol!c.
On nccount of tho frequent arrest In
Knknakn of laic Judge Wilcox remark
ed In the Police Conrt this forenoon
that It might Iki well to doubto np tho
polloo on duty In the district during
Saturdays and Sundays.
D0ESN7 ASK HUGH
Sacramento Bee Tells of
Death In City and
DR. CARMICIIAEL HAS
Dr Kinyoun Said to be Making Fur
ther Investigations Morphine
Fiend Lived in Chinatown
Appearance .of Fake.
The Sacramento Dcoof Aug. 13 pub
lishes the following:
San Francisco hns got another case
of bubonic plague and this time it Is a
whllo man who has died of tho disease.
The man, however, was a hnljlluo. of
Chlntatown, so tho dlscaso Is directly
traceable to the quarter which the San
Francisco nnd Stnto Hoards of Health
wanted quarantined but were not per
mitted to do so on account of the inter
ference of the San Francisco news
papers nnd thuGovernor. The Interest
ing feature of the case Is tho fact that
It has been mote than n month since
tin. Inst, case wns retiorted. Tho enso
previous t thu was the one concern
Hig wnlcn ino lice nns uccn enuenvor
Inc. to fcveure tho olllclal reports of tho
bactceriologists, and upon which an nu
tonsy was performed on July Cth. In
this latest case death occurred on Sat'
urdny of last week, so at least thirty'
flvo days elapsed between the two.
Tho general claim has been that n
thirty-day quarantine Is all that Is
necessary In the case of plaguo, but,
ns Tho Deo has previously pointed out,
and ns Dr. Kinyoun told the health au
thorities of San Francisco, tho germs
will sometimes live for months. Under
conditions similar to thoso that exist
In Chinatown they have been kept for
six or seven months and found effec
tive. Dr. Kinyoun has all along claim
ed that the danger was not over even
Jjvlth a lapse of thirty days between
rases and the oent proves that his
warning was well founded.
Tho victim of tho latest case of bu
bonic plague was discovered In San
Francisco at the City and County Hos
pital, the subject having died from the
disease on Saturday of last week,
within six hours nfter the man was ad
mitted to that Institution. The doceas
ed wns William Murphy, 34 years old,
a white man, n habitue of Chinatown
and a morphlno Mend. Tho enso was
not diagnosed as plaguo beforo death.
The uutopsy was performed by Dr.
Taylor, of tho University of California
who, realizing that the caso was n sus
picious one, referred it to Drs. Kellog,
Kinyoun and Ilyfkogcl. They dissected
the bubo from the groin and tho gross
conditions, were found to be typical of
the plague. Tho toubos were more
typical than those of Chinese who had
died from the plague. The microscopi
cal examinations verified the opinions
expressed by Dr. Tnylor formed from
the condition of the various organs.
Tho deceased wns the first white per
son afflicted with tho bubonic plague
In San Francisco.
Dr. Wilfred II. Kellogg, bacteriologist
of the San Francisco Hoard of Health
was nsked about the caso over long
distance telephono this afternoon. Ho
stated that the patient, according to
the hospital record, resided on Dupnnt
street, near Pine, two blocks nwny
from tho Chinatown district, but that
tho man was an opium fiend and un
questionably a frequenter of China
town. He stated at the hospital that
ho had been 111 only three or four days.
Murphy was admitted to tho hospital
on Friday and died on Saturday, and,
so Dr. Kellogg understood, wnB seen
only by an Interne. Tho enso was
diagnosed as doubtful but it said that
the Interne suspected plague. The mat
ter was not reported to Dr. Kellogg,
however, until nftor death. Dr. Tny
lor was called In to perform tho nu
tppsy, and recognizing tho symptoms,
called In Dr. Kellogg. Dr. J. J. Kin
youn, tho Federal Quarantine officer,
and Dr. Ryfkogcl, the bacteriologist of
too State Hoard of Health.
Tho clinical history nf the caso, Dr,
Kellogg states, and every nppenrance
at the autopsy Indicated plague, and
these Indications wero confirmed abso
lutely by tho bacteriological examina
tion. Tho test of anlmnl Inoculation
will lw accorded as n confirmatory
etep. Dr. Kellogg stated to The Tleo
this afternoon that there was no ques
tion of tho case being ono of plaguo.
Tho recognized plague symptoms were
more marked than In any of th Chi
nese rns examined.
Dr. Cnrmlchael was askcll this nfter-
ikhiii If he had received any nfflrUI
m w In regard t the aw of plitKue In '
( lilnstfixii. He replied III I lie tifRA
Mti' stating that the lntrinlloii ho
ifTilvnl to reiriiiie nil retlilulniis on.
shipping, bad tint been thaliaed I
Kniilnlnnl Piirk llncen.
The races at KaploUnl Park Hatur-i
lay afternoon resulted as follows:
Pole rare Won by (.'. II. .lipid's Mnn
giiiun nnd Walter M, In Ssft'ti, fliilh
Ing titer three lengths ahead of Urlgs
by't Octoroon and Hero, second.
Three-eights nillo dash Won by
Wolpah,,,hM.tcry second. T
Fifty-yard foot race i:ntrles: will
Vlda, Will Wright, C. ltelllnn, Joe'
Plggntt, Jim Gorman, 1.. G. Maltland
nnd II. M. Ayrrs. Gorman won In C!4
MAUI REPUIJLICANH READY.
Wallukii, Aug. 21. A public meeting
of the Walluku Hepubllcnn Club has
been called for next Monday evening
for the purpose of organizing primaries
nml also formulating plans for tho
LOST PART OF HIS EAR
MEMBER OF THE BAND
THINKS HE WAS BITTEN
Six Native Sailors Visited
Home .in Uonuakaha Satur
day Night and Started
A case qf wlfat appears to bo may
hem Is now occupying tho attention of
the police. Pollkapu, ono of thu na
tive members of the band and the vio
linist in tho original Quintet Club, Is I
ihe victim. The person who did the i
bltlng, If biting wns done, has not yetprsted In certain stocks.
been found, although It is believed that i I). P. Kellett's report as master on
the right man, Is ono of the three na
tives under arrest.
The story ns told by Pollkapu him
self Is as follows:
"It was a little after 9 o'clock Satur
day night when I heard a racket out
side my house in Honukaha. A little
Jater, there was n knock. This wns re
peated nnd I opened the door. I found
that my brother-in-law had brought
six sailors from tho water front to
make mo a visit. They wero all under
tho Influence of liquor but I Invited
them In nnd, nfter they had smoked
and talked for awhile, I gavo them nil
a drink of beer apiece.
"The sailors got Into a dispute over
somo money nnd, beforo I could hnrdly
realize It, thoro was n general fight.
Naturally, I Jumped Into the midst of
It nnd tried to separate tho men as I
did not enro to bo arrested for keeping
n Tough House.
"Suddenly the light wns extinguish
ed nnd I received n stunning blow In
tho right eyo which sent mo sprawling
on tho floor. I was dazed of course,
but I distinctly felt someone throw
himself upon me. When I recovered
rnfilclently I beenmo cognizant of the
fnct that blood was trickling down my
check and, putting up my hand, found
that n pleco of my left enr had been
"It wns 'not long beforo police ofil
ers arrived on the sccno nnd when
they found out what had happened ar
rested C. Mntnnmn, Sum Unnena nnd
Nlnlhun. Tho other three sailors got
"Together with my family I modo n
search for the part of my car that had
been taken off but did not succeed In
finding It until Sunday morning. It
wns, of course, too lato to haVo nny
thliu: done then. In tho meantime, my
peoplo had fixed up somo Hnwallon
medicine nnd put It on the injured
"I cannot swear positively that my
enr waB bitten off. It may have been
cut off with a knlfo or perhaps a pice
of broken glass. I might soy Just horo
that ono of tho beer glasses was broken
In tho melee. Howyever, there Is no
doubt that part of my ear wa taken
NATIVB HATS AND PUGGAItBnS.
Full lino of above goods are shown In
Iwakaml Hat Manufacturing Depart
ment ThomnH Durnett, who leaves on the
steamer Iehuu this afternoon as mate
of tho vessel, has one of tho most
ample licenses Issued by tho American
examiners. It qualifies him ns a "mas
ter on nny steamer, unlimited tonnage
and nn nny ocean," nnd "of sail ves--In
of ovur fcoven hundred tons, on any
Groat sale of hoots and shoes at S
nmfn on tho dollar at L. II. Kerr &
Co,'s shoe house, corner of Fort nn.
q OfS 3 GUardlail Of
Minors Charged With
CASES ON CALENDAR
Several Probate Matters Adjudicated
Change of Assigned Counsel for
Judge Humphreys held court, urtly
of term and partly of chambers, this
llrurc Cartw right's accounts as trus
teee of Queen Kminn Kstnte were re
ferred to George Lucas, master.
The cases of liquor selling on Sun
day ngalnst II. C. Macfarlane, proprie
tor of the Hotel Annex, nnd J. P. Hay
ward, of WnlkIM Inn, wero mined on
the rnlendnr. Mr. Hnyuood pleaded
not guilty to the Indictment, P. Neu
mann appearing as his counsel. Mr.
Macfarlane Is absent from the city.
John Itellty pleaded not guilty to his
Indictment for an Infamous crime.
II. V. Wlchman wnsr excused ns a
Juror until Wednesday on nccount of
J. I.. Kniilukou was excused from de
fending Kit for mallcIoitB burning of
cane fields, nnd L. M. Strauss assigned
to that service.
On the hearing of the report of J. A.
Thompson, master, on tho nccount of
W. F. Allen, guardian of tho Opfcrgclt
minors, tho nccount wns disallowed and
the guardian charged with 12000 In-
the accounts of J. S. Walker, adminis
trator of tho late J. C. Stowo's estate,
was confirmed and the case continued
until the he(rs can be ascertained. C.
Drown for the administrator.
Mr. Kellett's report on tho guardian
ship of John D. Holt and JnB. It. Holt
wns confirmed. J. S. Walker, guar
dlan, wns ordered to nlo forthwith7"!!
moro complete account In conformity
with tho report.
J. L. Kaiilukou was appointed guar
dlan nf John Lot Kalanl, minor, under
Kcka was appointed gunrdlnn nf
Knlllkea, an Insane woman, under $100
Mrs. Iihllahl Webb hns filed a hill
In equity for partition ngalnst Wnlolele
Optn nnd Sarah Honnknupii, a minor,
relatlvo to land at Walkele, Kwn, Oahu,
i of which she clnlms tho defendants and
herself aro tenants In common.
Henry Mnchado answers tho bill for
partition of Mary and Raymond Heyes
ngnlnst David Colllhan, n minor nnd
himself, admitting tho truth of tho al
legations nnd consenting Hint tho land
be partitioned. Defendant Mnchado fur
ther alleges that Julia M. Kdwards, now
a resident of California, Is entitled ns
the widow of Andre Mnchado to n dow
er Interest In tho land nnd premises de
scribed In the complaint. I). L. Mnrx
Is attorney for defendant.
Buddhlttt Priest DIch.
Walluku, Aug. 25. Tho Japaneso
IluddhUt priest or Walluku died last
Sunday, 19th Inst, of consumption. Tho
deceased was n very Influential mnn
among his countrymen nnd ho was tho
happy possessor of nolilo traits, going
about doing good among his people,
ministering t'o thu sick nnd otherwise
seeing that the poor wero cared for.
Ills funeral took place on the following
Monday and wns very largely attended
by the Japaneso population In this
town. A now Iluddhlst priest as n suc
cessor to tho deceased wob sent up
from Honolulu Inst week, and he has
nlrcndy won tho confidence nml good
will of the followers of Duddha.
StnrtlnC the Wnter Works.
Walluku. Aug. 25. Major J. W.
Pratt of the Water Works department
commenced this afternoon to receive
money from holders of water rates In
Walluku. Mr. Dai's office, the superin
tendent of wnter works, la In the old
nljlco of Judge Knlua, adjoining tho
ofllco of the clerk of the circuit court.
A new Iron safe from Honolulu hns
been placed In position for tho use of
the superintendent. Those who want
wnter In their .houses are rushing to
Mr, Pratt to pay for tho prlvllego.
A Fernnndez, manager nf tho Hawa
iian Hnrdworo Co., returned from Kn
mil In tho W. G. Hull Sunday,
TIIH WATERMAN' IDfiM. FOUN
TAIN PKN, All sizes, nil shapes. II
Cluillciide for- Vnilit ltii.
t'latetiie W MiirftirteN. nwiwt
ijf the ch' A PftlatlM IMMWI tk
fillKlfig rhullettRw for a hw H
lilinlim mid rrtttMT
t I hereby rhslletiit any yueht m
t yachts III HnwnlUn water lo a It
if late against lh Ia I'nlmmi frm tt
ft Honolulu to Ulmltm and return t
fur n cup In be tallied at M, the
start to be inn do on the nfternoow 4
of Hatunhiy. September I, nnd the ft
it finish tu take plam on Monday, 4
ft Sepli tuber 3.
Any person nr persons nreept
Ing this rhallenge mint do so be it
fore f ii'ilwk tomorrow (Tuesday) it
CI.AUKNCi: W. MAOrAIU.ANi:. ff
Honolulu, August ST, l'.'O.
it it it it it tt it it it it it it it it it
MnklM Team Vlctirrloun.
Of late the Advertiser has persisted
In nn effort to give the credit of win
ning baseball games to defeated teams
and naturally, the lctors aro beginning
to nsk questions as to tho reason why.
This morning tho Knkaakn team was
Klun the credit of winning from the
Maklkl bojs In Saturday's game. Tho
Maklkl boys were tho victors, the scoro
being 11 to 2.
Tho Mnklkl boys outclassed the Ka
kauko team In both Melding nnd bnt
tlng. Their pitcher, J. Williams,
struck out threo men In successslon In
each of tho first threo Innings, J. Sylvn
rnnde two homo runs and II. Hodrlguo
Up to tho seventh Inning tho score
stood " to 2, but In the seventh and
eighth the Mnklkl bu" "lied up nlno
more runs. Thu ninth Inning was not
Jim Hunt, a half white of Knkanko,
wos arrested csterday on tho charge
of assault and battery on his wife.
Upon Inking tho stand, tho latter de
nied nil knowledge of any assault upon
her by Hunt. The mounted patrolman
who mndo the arrest, testified to a bru
tal assault and defendant wns fined fC
and costs which tho wlfo paid later on.
Hunt Is tho mnn who had his head cut
open by his wife some months ngo. At
that tlnio he dcnle'd nil knowledgo of
that lady's net.
About Jnpnnee Interpreter.
James Hakuolc, tho Japaneso Inter
preter, was not present In the Pollco
Court this forenoon so when the first
Judge Wilcox remarked: jtylr: Clerk,
moke nn entry on record that the olll
clal Japanese Interpreter Is not pres
ent. My orders from the Circuit Court
arc that a record of each time the ofll
clal Interpreter Is nbscnt when ho Is
needed shnll bo kept and that this bo
sent up nt the en dof the month.
Coming Land 8nle.
J. A. Thompson, Commissioner of
Court, will hold a foreclosure sale in
the wilt of W. O. Smith and S. W. Wil
cox vs. W. II. Winchester nt tho Judi
ciary building front nt 12 noon next
Saturday. Tho properties aro n lot oh.
Quarry street and three lots compris
ing tho Keklo tract near Makee Island.
Hnnna to Stnrt It.
New York, Aug. 14. Senator Hanna
today decided to open the Republican
campaign In Now Jersey himself. Ho
will mnko a Bpeech at Asbury Park
A complcto new stock of, genu
shlrtB, collars and cuffs at L. D. Kerr's,
ROUGH AND READY
IN CALF AND KID
IN ALL SIZES. :
Blacks & Thiib.