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Vol. IX. No. 1622
HOKOLULTJr TERHITOHY OF HAWAII WKDXKSDAT, AUtfUStf 2D. 1000.
Pitici: 5 Oi'.nts.
J Ige Humphreys Replies
" ":to Petition' of Some
JiMIMOTOTO WISON .
FOR QUARTER CENTURY
( Aula Arguments on Technicality-Mr
Hankey Makes Pathetic Plea for
Mercy-Barney in Dock
The following correspondence ex
plains itself: -To
the Honorablo A. S. Humphreys,
First Judge of the Circuit Court.
Honorable and Dear Sir: Wo tho
undersigned members of the Dar of the
Territory of Hawaii respectfully peti
tion and request your ionor to ik
some arrangement wl:c"s le civil
calendar may be taken up either by
yourself or tho Second Judge of this
Court during the remainder of this
present term. We feel the necessity of
making this request on behalf of the
numerous litigants and feel that the
chll business of the courts Is entitled
to be taken Into consideration as mucn
ns the criminal work, and therefore do
not hesitate to ask that one Judge de
mote his time 'exclusively during the
. term to the trial of civil causes. "
Dated this 29th day of August 1900.
" We have the honor to bo,
Your obedient, sen an to,
(Signed) Davis & Ottr, Atkinson &
Judd, Paul Neumann, J. M. Davidson,
Charles F. Peterson, F. M. Hatch, A.
O. Correa, F. M. Brooks, Kinney, Dal
lou & McClaaahan.
THE JUDGE REPLIES.
Honolulu, H. I., August 29, 1900.
Messrs. Davis & Gear, F. M. Hatch,
Paul Neumann and others, attorneys,
My Dear Sirs: Replying to your po
lite note of even date, I beg to say that
It will, In my view, be Impossible to
"make some arrangement whereby the
civil calendar may be taken up cither
by the first or second Judge of this
court during tho remainder of this
present term." While there are two
court rooms, yet one of them Is now
being used properly I conceive by
the U. S. District Judge, so" that only
ono court room fa at tho'dlsposal of tho
Circuit Court, savo only for short pe
riods of time when tho other court
room is not In actual use by the U. S.
District Court. But even If both court
rooms could be used by tho Circuit
Court, I should still pursue the policy
of disposing of criminal cases before
l- hearingjiny civil causes, as defendants
" in criminal cases are, under tho Con
stitution of the United States, entitled
, to a "speedy public trial," and it
would be a rank Injustice, an act of op
pression, to keep these people In jail
while matters of purely private concern
ore engrossing the attention of the
court. I cannot lend my acquiescence
to jour statement that "the civil busi
ness of the courts Is entitled to bo tak
en Into consideration as much as tht
criminal work," for liberty counts, and
will always while I am on this bench,
for more than dollars. I shall hope
,;that your statement wasimade argu-
; nUoand. thnt(lt was not lntcndedrto
declare a principle.
'" icremaln, mydearalri7 with assur
ances of high resa.nl, ' ,
Your obedient servant,
u (r(S)gned.) A. S. HUMPHREYS,
i First Judge Circuit Court.-Flrst Clr-
culf.,,r il""" '
Amlmoto was found guilty of murder
r in the second degree, for tho killing of
if'Horl,a Japanese 'fellow-countryman.
ut'Kahuku. The verdict was rendered
yesterday afternoon; no witnesses havy
lng been put 6n by the defence, "'
Tho prisoner was brought before
Judge fillliman forsentence this morn
ing. Mr. Hankey made an able address
in support of a motion for arrest of
Judgment, on the ground that the In
dictment did not conform to the sta
tute. Mr. Cathcart replied with ability,
convincing the Court that the Hawa
iian statute of murder conformed with
the common law, and tho indictment
with both the common law and the
Judge Sllllmnn ruling accordingly,
Mr, Hankey noted an exception, Mr,
Cutlunrt left the term of sentence i-n.
tlrt'ly In the Court, The maximum Is
life, tho minimum twenty years,
J , i iMr.jllanlwy ,osili u ftivwful pliu fur
s,(n)in r, f Jn imIiTI trni In nkd the
Court to leave the poor mull enough
, I'lnlmlilllty of life iimlerllliu iipui l(y,
milling i iic mini mm iinwfrs, w mhe
prepurailuu for lite uciwifr,
Judge Sllllman questioned the pris
oner through Interpreter H-kuole as to
his nge, which was 20, and his relatives,
which were father and mother, grand-,
father and grandmother. In Jnpan hc
was unmarried. The Judge remarked
that the circumstances worn not of
great atrocity. There was a fight In
sldefn "cabhii which extended (outside
and ktho', victim fell, bearing four stabs
one of which was In the back. Heat of
passion was doubtlessly an element.
Neverthclssstaktt.'Clreuniatances did not
appear to Call fori the minimum penal
ty. "I sentence jou,Amtmoto," the
Court concluded, "to imprisonment nt
hard labor' for twent)-flve years."
Robertson & Wilder for plalntu
have tiled a discontinuance of tho tres
pass case of Ouee Kit vs. Lee Lung.
ANOTHER MURDER TRIAL.
A jury Is being empaneled before
Judgo Sllllman for th trial of Samuel
Barney for the murder of Chnrles W.
Lorbeer at tho O. R. & L. Co.'s station
on n recent Sunday. Deputy Attorney
General J. W. Cathcart Is prosecutor,
and L. Andrews and F. E. Thompson
for tho defense.
Up till 2 o'clock there had been ex
cused for cause Jurors W. C. Wilder
Jr., II. F. Wlchman, R. A. Dexter, C. S.
Crane and W. W. Dlniond.
SATURDAY'S YACHT RACB.
T. W. Hobron has announced that he
will race against the La Paloma to La
hatna and return In the Dewey. This
boat was originally the Spray. After It
had passed Into tho hands of Clarence
Macfarlane the name, was changed to
Allco and, on being hold to other par
ties, was again renamed the Dewey.
Mr. Hobron rented this boat recently
and Is now out to beat the La Paloma.
Both these boats were turned out by
the same' builder.
It has been deelded to finish the race
ai tho spar buoy, since beating up tho
channel would consume too much time
and Is liable to cause all kinds of trou
ble. FRBH OUTBREAK OP PLAGUE.
The Warrlmoo from the Colonies
tills morning brought the very unwel
come news of a fresh outbreak of the
plague in both Brisbane and Sydney
just when It was thought that these
places had been rid of (he dread dis
ease. Dr. Amesse, the quarantine offi
cer of this port, learned upon boarding
the steamer that, since the beginning
of tho new outbreak there had been
thirty-nine cases. In Sydney, during
the week preceding the departure of
the Warrlmoo, there were three cases,
all told, with two deaths.
London, Aug. 22. Henry Labou
chore's 'publication of tho correspon
dence advising him of tho seliure of
Pretoria of compromising letters to
Secretary Reltz is to bo followed by the
publication of the whole correspon-j
dence, which the Colonial Office sajs,
will be Issued tonight or tomorrow all
tho members of Parliament Involved
having answered the official communi
cation sent to them on the subject.
Rev, O. H, Oulick, superintendent of
the Japanese mission of the Hawaiian
Evangelical Association, returned from
the Coast in the Australia this morning
In company with his wife. Mr. and
Mrs. Gullck have been to New York
where they , attended the Ecumenical
Conference held in April. They repre
sented the Hawaiian Evangelical Asso
ciation. New Post Office Inspector.
I .United States Post Office Inspector
AY, A'. Robinson arrived In the Austra
lia this morning to take up the work
so ably begun by M. II. Tllnt, who re
turns to the States next week. Mr.
Robinson has been long in the employ
of the department and comes direct
from ;San Francisco. !
Alabama Ready for Trial.
Delaware Breakwater Del., Aug. 22.
The battleship Alabama, which left
Cramps, on. Monday if or., the. Brooklyn
Navy Yard where she will have her
bottom' cleaned and painted, prepara
tory to her official trial off tho Maine
coast, passed out to sea at 0:30 a. m.
To Leave In Warrlmoo.
The following are booked to leave In
the Warrlmoo this afternoon:
Mr. and Mrs. T. R. Walker, Mrs. Cat
ton and two children, Miss Catton, Mr,
and Mrs. Ballou, Mr, and Mrs. W. F,
Allen, Mr, and Mrs. U. Huhr, two chil
dren and nurse, Mrs. Gibbons, daugh
ter and nurse, Mrs. H. 0, Wilder and
child, Mr, and Mrs. Geo. Ross, II, Ken
nedy, L, J, llrldgmsu, Mrs, II. H. Hlulr,
Mr, ami Mrs, II, U C'vi'll. Mis, J, W,
Huberts, Mr, und Mrs, J. II, Sopor, Mrs,
GUI, A, I., Peyser, I" Ktiuffmiui, U, Jen
sen snil Ip tecum) cUu,
I'M 1 1 IIiid nt above goods Hlti shown n
Iwukuml Ut Manufacturing Depart,
STANDARD OIL CO.!
Hilo -People Don't -Want Any. More
Saloons-An Auctioneer Can't Sell
Liluors.Only 'Upon Licens
r , ed Premises.
Attorney General E. P. Dole rendered
an opinion to Governor Dole this
morning on the request of Castlo &
Cooke, Ltd., for leavo to erect a ware
house for the Standard Oil Co. Accord
ing to tho law he did not think the ex
ecutive had tho right to grant such a
power to n private party. By voto the
Governor's council sustained the opin
ion. .Sheriff Andrews of Hawaii wrote to
tho Attorney General In reply to a
request that he sound the community
of llllo as to granting moro saloon li
censes for tho town. After a canvass
of a great many JT tho neoplo tho sher
iff reported that the general opinion
was that llllo did not want any more
saloons. He recommended that no new
licenses be granted.
Tho right of an auctioneer to sell
liquors was discussed b) the meeting.
It was decided that, according to law,
an auctioneer may sell liquors by auc
tion on tho premises of a licensed ilenl
cr'ln liquors, but not on his own prem
ises unless he have a spirit license.
Those present In council were II. E.
Cooper, 13. P. Dole, T. F. Lansing
and Wruy Taj lor.
Over Peking Wall
On a Rope
Washington, Aug. 22. Tho War
Department has prepared the following
sketch of Musician Titus, who accord
lng to an Associated Press despatch
published this morning, scaledtho walls
of Peking with a rope by means of
which the others climbed to tho top:
Calvin P. Titus, enlisted April 5,
1899, nt Wichita, (Kansas, aged 19 Mi
years. This was his second enlistment,
his last service being in Co. K, First
Vermont Infantry, from which ho was
discharged November 2, 1898. He was
assigned to Co. E, 14th United Untes
Infantry. Ho was born at Vinton, Iowa.
A cablegram from Peking, dated the
17th Inst., shows that he was wounded
In tho neck slightly.
New York, Aug. 22. A dispatch to
the Journal and Advertiser from Her
lln, says: v
'Countvon Buelow's position as
Minister of Foreign Affairs has been
so 'seriously shaken by his differences
with the Kaiser on the subject of the
latter's China speeches differences
which have led the Emperor to take
the direction of tho Chinese matters
out of tho Count's hands and to assume
personal control thereof himself that
the downfall of tho statesman Is re
garded here as Imminent.
THE GOVERNOR'S STAFF
In addition to the appointments of
Majors J. W. Pratt and K. O. White, re
ported some days ago, Governor Dole
has appointed A. G. Haw.es Jr. and
Henry Bcrger as his staff captains. Mr.
Hawes Is prlvato secretary to the Gv
ernor. Captain Berger, the veteran
bandmaster, Is a reappointment on tho
staff. Two moro officers aro to bo ap
pointed, but tho men In view havo not
yet been seen about it,
Pacific II sights Trolley. '
C. S. Desky was disappointed this
morning In not receiving by, the Aus
tralia (he electric car trucks for the
Pacific Heights trolley lino. Had the
trucks como a trial trip would have
been made on tho railway next week.
It Is possible they may not be far away
in a sailing vessel.
PLOTTBR POUND GUILTY.
Pretoria, Tuesday, Aug. 21, The
trial of Lleuteant Cordua, formerly of
the Transvaal artillery, nn the thargo
of being conierned In the plot to kid
nap General Lord Huberts, wss rou
eluded today, The prUoilor was found
guilty of all tho points In tho Indlit-
limit against him, but m nteuru mud do
(en ed until the findings of Ihn murl
shull havu bun iiiiillnuiil by ,oiil
Ynkiilmnm Aug. S3. An oilhlul ills.
ali)i from (.'(in 4 says lliui m IIioiusiuI
ruin Is Imvu HltmM Hong (,'IiIiik,
burning iliu (Iiivuiiiu's lullitliiu Intul.
Allies Are Apparently
Subject to Continued '
r Chinese Attacks
LINE TO TIEN TSIN
Delay of Positive Statement of Con-
dition Prevent Outline of Per-
nunent Policy for
Washington, Aug. 22. The War De
partment announced early In tho day
that It was in receipt. of ncaaualty list
from General Chaffee and this was
made public about noon. It was learn
ed, however, that tho Chaffee dispatch
contained a considerable amount of
mutter beside the list of killed nnd
wounded and It was tho subject of an
extended White House confcrencetie
twecn tho President, S&rctary Hoot
nnd Acting Secretary oftate Adoc.
It was hojMxt by tho officials that the
receipt of detailed news from General
Chaffee would simplify the situation
considerably and enable this Govern
ment to map out. In a largo degree Its
future lino of action In China. This
was not tho case, however. General
Chaffee's telegram Indicated that there
may yet be considerable heavy lighting
mound Peking and between that city
and the coast. It was Impossible to
make uny prediction as to the date of
the pacification on the Information thus
furnished nnd tho Administration Is
not able to fix approximate dato for
the withdrawal of our troops from Chi
While tho White House conference
wns In progress the Chinese Minister
arrived at the State Department Mr.
Adco wns absent and the Minister watt
! patiently for two hours, the expecta
tion being that the reply of the United
States Government to LI Hung Chang's
peace application would be handed to
him. At 12 o'clock Minister Wu hud
heard nothing as to tho return of the
Acting Secretary of State and he re
turned to tho Chinese Legation expect
ing to cnll tomorrow unless advised
before then that his presence was de
Bloody work has been going on In
Peking, according to a dispatch receiv
ed today by the Navy Department from
Admiral Rcmey, dated Taku, the 20th,
and Peking the 16th. Tho message.
shows that the American forces were
then fighting, along with the allies and
that progress had been made which
could only have been accomplished
after military efforts of a severe char
acter Officials of the War Department who
are familiar with the conditions of tho
defenses of Peking, say that the fact
that all but the Imperial city had been
cleared of Chinese troops Is evidence
enough of tho severe fighting which
mtiBt have occuried. In order for the
American troops to penetrate to the
gates of the palace they must have
stormed a wall about thirty feet .high,
which no doubt was Btubbornly de
fended. It Is a source of satisfaction to the
military uftlclala hero that tho a'lllcd
commanders succeeded in clearing tho
region outside of the Imperial city of
Chinese troops, as thereby the danger
of attacks In the flank and in the rear,
while tho Invaders were Btormlog the
Imperial city, would bo obviated.
Admiral Remey's dispatch, In stating
that all but the Imperial city had been
cleared of the Chinese soldiery, left
tho Impression that a force of defen
ders was still Intrenched In that sec
tion of Peking and would havo to be
General Chaffee's brief report stated
that he entered tho legation grounds at
f o'clock on the evenlug of tho 14th
and that eighty men were wounded In
the day's lighting. Admiral Remey's
dispatch shows that within tho next
two days General Chaffee lost six men
killed, Including Captain Rellly, of the
Fifth Artillery and thirty men wound
ed. To all appearances, therefore, the
lighting In Peking was moro severe af
ter tho entry Into tho city than during
tho luovi mints which brought thv
Amrrltuns tn tho legation gules, 'Hi In
limy m uxplulnul by Iliu evident (ml
that Iliu rescuing imillis were ingugul
In rlinrlng Hie outer rlty nf th f.'hl
hush soldiery, Hie Ji it task uniM nut
liuvit I" en U Hull! miu, iiwIiik lo IIik
Pltsunrv lit large Imillf nf (!ilh"
lumps In iliu ell) sinl Urn iiitans wt
limnl of (unifying lliunu'lvrs In Hit
liuriov utrtvl nf hu mulii lly mnl lit
li'iul ilm vt uf Him hnimr'ul illy,
Admiral It cmc)'s dispatch nlso shows
that there Is further fighting outside of
Peking ami that the Boxers have not
been dispersed but nro still Inclined to
hang on the outskirts of tho Invaders
and harmed them as fur ns possible. 1
It would seem to presage that lljlit-'
lug for the allies, If they should attempt
to return to Peking nnd for the rein
forcements which will bo sent to Tien
Tsln nnd Peking. Kvldcntly according
to the military authorities, the country
about Tlcn Tsln nn'l between that city
and Peking still harbors hostile, forces
which will havo to be overcome by tho
nllles before the roid can be opened
from Peking to the sea.
Shippers to Hawaii
Refuse to Report
Washington, Aug. 21. Collector
Jackson of San Francisco hns written
to the Treasury Department because
exporters who send buods to Hawaii
will not make reports to him on their
export trade. Beforo the annexation of
Hawaii these shippers were obliged to
report goods shipped to the Islands,
but since the annexation they simply
say It is nono of Collector Jackson's
business what or how much they arc
shipping to Hawaii or Importing from
there. The Treasury Department hero
is considerably Btlrrcd up over the
nttltude of the shippers. The Chief of
tho Bureau of Statistics snid today that
this action would hurt tho reputation
of San Kranclsco ns n commercial city
very greatly, .because more thnu 23 per
cent of her Import trade Is with Ha
waii. In fact, according to tho depart
ment's figures, for the year IS9D one-
half of all goods Imported Into San
Kranclsco came from Hawaii. These
totals In the next Treasury' report will
be taken out of San Krnnclsco's ship
ping figures, nnd the result will be that
with greatly increased actual commerce
sho will make a comparatively smaller
cfllcl.il showing than she has made for
many )cars paBt. Tho department here
believes the San Pranclsco people
ought to take hold of the matter and
induce shippers to supply all neces
sary figures. The Chief of the Bureau
of Statistics says If this it not done he
will recommend to Secretary Gage that
Congress bo asked to pass h law com
pelling figures to bo supplied.
Chilean Cruiser Pays
Honolulu a Visit
The Chilean training ship General
Ilaquedano, Arturo Wilson commander,
arrived in port this forenoon, 19 days
from San FranclBco. Sho called here
slmpl) to mako a two days' stop to
see tho place. On Friday she will set
out for Yokohama and after that, will
call at tho following pin es: Shanghai,
Hongkong, Batavta, Singapore, Ade
laide, Sydney, Auckland and then back
Tho Ilaquedano sailed from Talca
huano April 23 of this year and went
to Easter Island and Esquimau before
coming here. Sho Is on.'hcrmaldcn
cruise, she having been brought out
from England In August of last year.
The cruiser has aboard a hundred
and fifty boys who are being trained to
the life of a sailor. Besides the hojs
there aro 317 officers and men, all told.
Twjfelaur, Monday, Aug. 20.
Through secret Intelligence agents, the
British authorities learn that General
Louis Botha, the commandcr-ln-chlef
of the Boer forces; Gcueial Liuas Mey
er, the commander of the Orange. Free
State troops, and General Schalkburg
er, vice 'president of the Transvaal Re
public with 8,000 Boers, havo assemb
led at Machadodorp (generally under
stood to be the headquarters of Presi
dent Krugcr on the Pretorla-Delagoa
Il.iy railroad) with the whole Boer ar
tillery, Including the heavy pieces for
merly at Pretoria.
HAWAII'S COLONIAL TRADE.
Tho officers of tho Warrlmoo state
th'at they havo It on good authority
that the C.-A. 8. S. Co. Intends to run
fortnightly boats to Honolulu and that
tho Intention Is lo havo five steamers
mi tho line. The Moana will bo put
back on the run and one other large
ho.it will be uclilnl, Tho Mlnwerii,
Wnrrliuiiii and Aorungl will be retained
until they tan lm replureil by larger
limners. Another big steamer will
b ordered and pift on us soon u pos
Great sale nf bouts and slum nt S
earn nn Iliu dollsr lit I.. II, Kerr fc
C'h.'s shoe limine, uiriivr t I'lTl in
A cnniplets nw stiwk of genu
ililrts, col lu is ami ruffs at I.. II, Krrr'a
Quuu sin t, '
ill HMUL W
A VERY VS' KING
Judge Estee Is Lienent Toward Attor
neys for Non-Appeannce-Four
New American-Citizens Made"
Thos. II, Walker, Manuel Cordclro,
Fred. Meyer and 11. S. Rlckard were
naturalized by Judge Estee thta morn
Mr. Blgelow of Kinney, Ballou . Mc-
Clanahan appeared to argue a demur
rer for defendant lu tho suit of Eugene
Avery vs. W. C. Klug, for $5000 dam
ages for false Imprisonment. Davis &
Gear, attornejs for plaintiff, did not
Hllo's Convention Bid.
it George W. Smith, chntrman of
'. tho Republican Territorial com- it
i mlttec. stated this morning that U
'' there Is absolutely no truth In tne
i.1 statement of this morning's Ad-
'. vertlser that tho Territorial com-
mlttec had passed a resolution se- O
U lecttng Htlo ns the place for hold- it
lng tho Territorial convention.
'4 "Nor Is there and secrecy about ft
H the matter," continued Mr. Smith. X
A request wns made from llllo '.'
'.' that tho convention be held there it
ft and also that the town would sub-
".' scribe liberally for tho proper en- it
tertnlnment of the Kucs'ts. That's it
it nil there, is to it, and It now re- it
4 mains for tho committee to mako it
it a decision. So far as I havo heard it
i.1 the matter commented on tho ten- it
dency seems to bo favorable." it
make appearance. Mr. Blgelow remark
ed, that the nttornejs for plaintiff ought
to be present. The defendant was ready
Judge Esteo said helld not desire to
be too strict with attorneys, especial
ly as the Court had not yet adopted"
rules, and no set days for demurrers
had been fixed. He set the hearing for
tomorrow at 10 o'clock, Mr. Blgelow
promising him to notify opposite coun
sel. Conger May Be
New York, Aug. 22. A special to
the World from Washington says:
Tho War Department sent General
Chaffee a cablegram of four words late
this afternoon which practically takes
things out of Minister Conger's hands
and puts Oeneral Chatfeeo In the posi
tion of the utmost responsibility.
The messago said:
"Report operations, situation, re
quirements." There Is no Intention of depreciating
Minister Conger; the Government has
the liveliest sense of gratitude for
him; but It is not deemed expedient
to act on his dispatches because, after
his terrible experience, ho Is naturally
embittered and possibly unconsciously
biased and because ho needs and de
serves n rest
It Is proposed to have Mr. c'onger
come home nt tho first oppt..n;ly and
enjoy a long period of rest and recu
peration. THE WATERMAN IDEaL FOUN
TAIN PEN. All sixes, all shapes. H.
ROUGH AND READY
IN CAM' AM) KID
..M. ..... IN ALL SIES-'i
HIHClvH ft Thiih,