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itU'' -W Prom f thtf- Progressive Bulletin. MMm
Vol. IX. No. 107
HOKOLULTJTBRRITOBY OF HAWAII, TUESDAY. OCTOBER 30,
Fjuok 5 Okkts.
?" v T1 " i
III - iti Mm Ij , -.-.,. , .- - . . ...
Started Before Justice
. Dole and Dragged
MARTHA SWINTON'S DEED
TO W. JAMES SMITH
The Grantee's' Heirs Declared Trustees
"For Benefit of'Gradfcr's Heirs
A majority of the Supreme Couit
consisting of Justices Gnlbralth mil
1'erry,, the latter being the author,
has rendered a decision In tlie celebrat
ed case of a deed made by the lato
Murtha C. Swlnton to tho late Jas.
Smith of valuable property In Dere
tnula street adjoining II. W. Schmidt'
old homestead. J. A. Magoon, who ait
lr place of Chief Justice Krear, dis
qualified, has rendered a dissenting
Tho original proceedings were Insti
tuted before Justice S. B. Dole of tho
Supreme Court, sitting In chambers an"
a court of equity, on November 10, t
1891, by Mnry C. Aldrlch, Helen B
King, Harriet N. Drown, Helen M.
Seal, Henry S. Swlnton, Charles E. S.
Swlnton arid Douglas K. Drown and
Norman Drown by V. C. king, their
next friend, against W. Jas. Smith.
The defendant was for many years
Secretaty of the Hoard of Education
and its chief executive officer. Tho
cuse was submitted In Decemher fol
owing but In January, 1893, Justice
Dole resigned his otnee ulthuit having . claims on her but Mr. Smith. She was
rendered a decision. greatly Indebted to him, and Is It any
W. Jas. Smith died on Mtrch 22, ' wonder that Bho should want to re
189G, and on May 16 following; bill of. turn to him, when she thought she no
revivor substituted bis heir, as par
ties defendant. In June, 1897, a.Clr
cuit Judge made a decree in fayor of
the complainants. For delects in tho
matter of parties that decree was re
versed and the case reminded. Doug
lug K. Drown hnvlng cooWof age with
drew as a plaintiff and wit made a
Finally the case came up as between
Mary C. Aldrlch, Helen D. King, Hen-ling
ry S. Swlnton, Helen M. Seal and Nor
man Drown by W. C. King, his next
friend, against, Prtscllla E. Hisslngn-,
Annie II. Turton, Henrietta E.'lloss
and Douglas K. Drown. In the mean
time Harriet N. Drown had died. In
July of this year another Circuit Court
Judge rendered 11 d4:wion and signed
a decree granting the relief prayed for
in the original bill. This was to the
effect that the defendants held tho dis
puted property In trust for tho hnlr of
Martha C. Swlnton.
The Supreme Court sustains tin do
cree, saying that .he thru defendant,
heirs ot Smith, should bo declared tnu
tees of the propert" for tho uso nf .Vnry
C. Aldrlch, Hebrn il. Kliirf, Norman
Drown and Dougiuii K. Drown, and
other If nny the heirs of Harriet N.
Brown, and should be ordered to con
vey tho property by a good and .sum
cient deed to the said beneficiaries. Tho
caso Is remanded to tho Circuit Court
Judge with Instructions to correct
former decrees If found erroneous, to
ascertain who the heirs of Harriet N.
Drown are and to enter a decree In
accordanccwlth the vlows of this opin
ion. The syllabus ot decision la as fol
lows: "M being at tho time grievous
ly 111 and about to die, and desiring to
make a final disposition ot her prop
erty cither by will or by deed of trunt
We offer a Valuable
Oahn College' Grounds.
Corner 140x300 for $7,500.
Or will subdivide Into 4 lots.
McCLELLAN, POND & CO.,,
TEL. AUlN O). JUDD BUILDING,
so that said property shouldigo to.her
five nephews and nieces, requested S.,
her most trusted friend nnd adviser,
between 'whom and herself confidential
relations Misted, to assist her In ef
fectuating that desire and Intention.
"8 tal(ln advantage totf her great
trust and Werfldcnco In fclnia'nd fraud
ulently Intending to bbtt'ta the'" abso
lute tide to tho property tor himself.
peanuufed her to execute ft deed, wbivn
he prepared and which did not exprcai
(he trust desired, by leading ber to be
lieve that he would hold the properly
subject to that trust and that he would
carry-out her desire and Intention con
cerning the same.
"Held, That S. In his lifetime held the
property as a trustee ex malefllclo, and
that since his death his heirs have hold
and now hold the same as trustees for
the use of the five nephews and nieces.
nnd a conveyance ordered accordingly.
Mr. Magoon, In his dissenting opln-
Lion, say. "Were-1 not satisfied tTlat the
defendants should prevail In this cass,
u VtakafUfci ) (eaenta Itself which, can
not be overcome on this' appeal aa the
cose now stands." Then he 'proceeds
to point out what he deems fatal de
fects In tho proceedings regarding the
parties (o tho controversy. Some of
the original parties are left out In The
lust caso submitted, and there are anta
gonistic Interests between different
plaintiffs. He quotes from the books to
show a presumption In favor of written
contracts which cannot be overthrown
by oral testimony.
Quoting contentions of plaintiffs, he
comments thereon.: "I cannot consent
to brand a man as a scoundrel upon
nny such theory." He argues that It
not sumcient to allege a theory as
"pretty clear," but It must be "clear."
Even It the testimony Tor plaintiffs
were tnie, It would not necessarily fol-
low that Miss Swlnton had not chanced
hcr mind between a reported convcr-satlon-and
the execution of the deed.
"She might have recognized her In
gratitude toward Mr. Smith, as jhe
saw her end approaching, and have
been stricken with remorse at belrg
the recipient of his bounty for all thore
twenty-three years, without recogniz
ing him In nny way at her death. Sh3
had no ono who had any peculiar
longer had, any uso for It, the .property
which nu aaa bo generously given ner.
Mr. JFagoon talks a'iiut Miss Swln
ton's" Intelligence, her better Know
ledge of the English than the Hawaiian
languago and her acknowledgement 11!
tho deed before a notary as her froe
act Then he comments on the com
plete apathV' of the complalntants un
til Miss Swlnton was dead, contrast'
it with their activity In setting
up their claims whenever he mouth
was sealed forever. Inconsistent anJ
Indefinite testimony on the part of the
plaintiffs is reviewed, Mr. Magoon con
cluding with a respectful dissent from
the majority's decision that a preca
tory trust was created,
Indorse Republican principles by
young me siranni ucsei.
Last night a gang ot natlvo and Por
tuguese hoodlums from Kakaako, Ho
nuakaha and Kawalahao, played havoc
with some of tho Portuguese ,pf tho
night school which' has nightly ses
sions in tho building In Kawalahao
lane Just Walklkl ot tho church.
It seems that, for some time past,
this ganghas been In tho habit ot hang
ing around outside the school building
and making all kinds of noises, much
to the disturbance of the young man
Inside doing their best to master tho
Intricacies of tho English language.
This was complained about by th9
teachers and a police officer was sent
to the school every night. Just re
cently, this officer was removed, It be
ing thought that tho troublo had been
stopped. A couplo of nights ago, tho
vlsltg of tho gang of twenty or thirty
Last night, as the Portuguese night
students were filing out ot the room
they were attacked by the gang, each
member of which was provided with c
club. In less time than it takes to
tell, one ot the students was badly
cut over the head and others were In
jured. Th eteachers and students did their
best to quell the disturbance tut met
with no success. Just then Everett
Richardson, a mounted patrolman,
happened to pass along. He summoned
assistance and soon had the crowd run
ning In all directions. One of the dis
turbers was knocked down, by a club
in the hands of one of the officers but
he was picked up by his comrades and
hustled over tho wall Into tho grave
yard. A number of the hoodlums are very
well known and It Is very likely that
several arrests will result from last
Indorse Republican principles by
voteng the straight ticket.
Vote the Straight Republican Ticket
THE FRANGHISE INALIENABLE
Henry E. Cooper, Secretary of the' Territory, was asked today whoth-
cr ho halevlsed any means for enabling all electors who wl ,5-hI to
vote, no mater how crowded the polls might be, If the three compart-
ments wherein voters mark their Uialiots should not bo sufficient to
accommodate, thoso presenting thdtfiielves to vote within tho time pre-
scribed by the election law. The Secretary .mswered: .
"Yea, ,1 have decided to Instruct the Inspectors that If, at C o'clock,
any qualified votw presents himself the polls shall bo kept open until
ho has had the opportunity of voting, and so continue open so long as
there are electors presenting them'selves to vote.
"Whllo the Hawaiian election law fixing tho closing of tho polls nt 5
o'clock has been ro-enacted In the 'Organic Act, I consider the more
sweeping provision of the Orga'mo Act, securing the rights of fran-
chlae to those qualified nuthorlty for this plan." 4.
Mr. Cooper here cited the provlnlona ot, tho law which privilege tho
elector from arrest, except for breach of the peace or a felony, on elec-
tlon day, and which declare that every elector has the right to cast his
vote, and added: '
"I think this plan will avoid panic and obviate nny possible danger
of filibustering." "
There wero over nfty Chinese voters
present at the political meeting In the
rooms of the Chinese United Society
Sunday. Wong Kwal, the president,
mado a short opening address. Tho
speakers were Samuel Parker, Geo. 11.
Carter and others.
A prominent natlvo politician from
down the road has a good story to tell
on McClanahan of the 1C to 1, anti
Imperialist nnd nntl-ovcrythlng party.
He stntes that when this worker and
others went down tho rood last week,
the natives made ready. They had
heard that, If they announced them
selves Republicans McClanahan would
talk a leg off them. Not wishing to
lose these valuable, members of their
bodies, they hit upon a scheme, so
when McClanahan began giving the
natives the glad hand and asking then
about their political complexion they
answered that they had allle'd them
selves with tho Democratic party.'Thls
prevented surgical operations and sent
McClanahan off perfectly satisfied.
Having disappeared, the natives could
again go about their business as good
This explains how the Democrats
have come to claim such a big majority
of votes down tho road. There Is still
the Gtb. of November to count on.
It is understood that, in case L. L.
McCandless wins his bet of I500 from
Colburn, he will give a big luau to the
natives of Alea and Pearl City.
George Markham, R. N. Boyd and
other prominent' Independents went to
Puuloa yesterday to charm the natives
with their oratory. They say they suc
ceeded. That great big fusion of tho Kala
nlna society with the Democratic party,
bo much talked about ot late, docs not
seem to materialize. Johnny Colburn
has been dolng-hls best but his best
has evidently 'not been very good.
There are a number ot guesses still
coming and the Kalalana society -has
the last guess.
Tho big torchlight procession of;tbo
Republicans Thursday night will ur
pass all others in point of size nnd
general excellence. Besides the equip
ment now on hand, thcro will be two
hundred flambeau torches (Just arm-
V.i uun un llttliu, IUVIU Will UV fcWU l
cd) nnd other features. A wela ka hao
time may bo looked tor. When tho Re -
nubllcnns cot to wnrk nnmethin,. u '
forced to drop. Remember that tho
famous Tuxedo Quartet will sin;.
Look out for a lot of good campaign
Tho four corners at tho Intersection ,
of King nnd Bethel, street are charged
with politics. There Is not a mlnuto "'" 1,,,-'r00"- mo iniiietin goes
during tho day that groups cannot 'bo t0 prc8S Manager Oartlcy of tho Ha
found there ln deep discussion on tho wnllan Electric Co. Is being nske.l
A large number of Republicans wero
nresent at n. luau in WAlnlnn B.mrinv
There was not one present who did not
enjoy himself. ,
Tho Republican ribbons bearing the
AIR SHIP THAT CAN BE MANAGED
Frledrlchshafen, Oct. 17. Count Zeppelin's atrahlp ascended thla after
noon, was s'teerej ogalnst the wind and put successfully throug'j various
maneuvers. It vas then Balled In the direction of Immenstadt,.
The airship, after a idio.-t flight 'toward Immenstadt, mmalnitl poised In
the air for fo-(y live minutes at a bc'ght of 600 meters and then nafoly de
scended to the lake.
New York, Oct. 17. A cable to the Sun from London sajs. A dispatch
to tho Standard from Frlelrlchshalon says tho airship carried four persons
beside Count Zeppelin. When it ro:o tho wind was from ihn northeast,
blowing with a velocity of thre-i and one half yards a second. When the air
ahlp bad attained a height of -100 yards It described a clrclo and then droio
with tho wln in a generally clroula direction for about six inllc.i. It then
again described a circle, after which It made headway against tho wind,
which was thon "blowing with Increased velocity, nvcntunlly tho nirsh'p de
scended with great ease ond stcadlneBi Into tho lake and was towed to tho
shed. The experiment was most successful. It Is generally agreed that con
siderable progress Iiub been made slncetho (Irut ascent.
HE. BY HI
motto "Va man ke ca o ka alna ko
pono," aro going faster than they can
be printed, showing tho popularity of
tho Republican party in Honolulu. A
young lady who wns at the Catholic
Church Sunday morning remarked:
"It looks to mo as If tho Republican
must win. Our church wns crowded
and,among the large number of na-
tlves present, thcrn wern nnlv n vnrv
few who had on tho ribbons or bndEi-
of the Dcmocrntlc or Independent .ir-1
ties. Thcro wns an overwhelming ma
jority In favorf tho yellow ribbons.
The Independents held a big mass
meeting on Brewer's wharf today.
George Markham was the chairman of
TTie meeting and announced the only
Bob as tho first speaker. Tho Garabal
dlan took1 the box, posed for a mo
ment and then began a tirade against
tho other two parties.
Ills most poisonous arrow wns
launched against Samuel Parker, whom
ho accused of being a rich man. Then
he feel to comparing himself to Christ,
who came Into the world a poor man.
He was a poor man himself. Again did
ho mention Christ when he spoko or
the bad things that were being said
about him. Christ had' been long suf--fcrlnjijnd
so'lind he been,..,
S. K. Pua danced the'hula kul" on
tho box when he was nnnounced ami
when ho got to the proper place Tn his
gyrations, ho flaunted the yellow rib
bon which has become'so popular with
the Republicans, making the state
ment that theso had been struck off as
an insult to Hawaitnns.
Tho bitten '
letters denoted a funeral. Then Pu.i.,
who Is an educated Hawaiian uml
knows better, began to cnlnrco on the
foolish stntement that, should the Re
publicans win, they would again burn
th enatlves out. r
Kanuha, tho preacher, began his Bcr
mon after Pua had finished. What ho
Bald was along the samo lines. Ho oak
cd tho natives to bo mindful of -their
aloha for the country nnd then fluuuted
the yellow ribbon of the Republicans,
warning tho natives against It.
John Emmeluth and others followed.
KILLED BY EXPOSED WIRES
Sam Johnnnovltz. a Polo In the em- mntcrlul In the community both whlto
ploy of the New EiiEland Uakerv onlnml nntli-n m nm nn ..- iint,. r i.
.. . . -.---,
, el "ePt- ns enlcr t,i,ker' wns Killed
"'"" "I'080" '") n me uaKcry at a: 13
0'clo(:k Xhu nwlng. Th etrngedy was
wltnessort by two men, a driver and a
Japanese helper. Tho Polo wns at
tending to his duties when ho camp In
contact with ono of the wires supplying
electricity for tho wires Intho plae.
No sooner had ho done this than ho
fc" t0 tno lloor' coW ln deutn-
A coronerB inquest, is in progress
isomo very siinrp question by thcTtepii-
ty Sheriff as carelessness on tho pait
f ,he ,'P,,y has been nlleged to be
(he cause of tho awful accident.
E..U. Thomas, wliiTnau made goodly
name anil fame as a building contractor
In Honolulu for twentw-threo years,
leaves In the Queen f&r South Africa.
Editor Evening Bulletin:! deslra
that you grant me space to make a
statement In your valuable columns in
reply to the reference to me In yrste
day's Dulletln, In tho report of Wilcox's
Wnlluku speech, namely, first that I jp
trayed King Kalakaua to the Reform
party In 1887 and secondly, that 1
offered Bob Wilcox $5000 on behalf of
the Republican party to give up blj
candidacy to Washington.
In aswer to tho former accusation
I deny that I ever bctraym' Ills Mnjei.
ty King Kalakaua to the reform rutty
but on the contrary, upon my retutn
from Euorpe June 1st, 187, was the
only real friend the King had during
the rclgu of terror from lune 1st to
June 7th. I happened to know nt the
time that the Reform Party had about
20OO citizens under arms with a hun
dred rounds of ammunition each, b
sldes the Honolulu rifles nnd that tho
Reform League had already prepared a
constitution for a republic with the In
tention of dethroning Kalakaua.
To meet this situation the King had I
less than BOO men under arms, sho-t
of ammunition to defend the Palace,
and there were not commissary sup
plies on hand to stand a siege for a
week. I am thankful that 1 had In
fluence enough with Kalakaua to guldo
him to conservative action thus saving
the monarchy and nt least CO or 100
valuable Hawaiian lives. Wilcox on the
other band has eleven tombstones on
his conscience for his military fiasco lr
1895, good Hawaiian shot down whllo
he Wilcox, as the Advertiser says, was
hldlnK ln a Kas tnnk- Neither Mr. Wll
cox or Mr- nv1 werc l"-'re l 18S7 but
Hob Boyd is responsible for tho state
ment that King Kalakaua' told Dab
Wllcox nnd himself nfterward"lhat If It I
bad not been for me be would not have
been alive nnd tho monarchy would
have been at an end. But tills Is till
unwritten history and If more details
aro wonted I can furnish them.
I learned afterward that a number of
"the King's advisors, without my know
ledge, counseled capturing the commit
tee of thirteen when they came to tho
bungalow to force tho new constitu
tion upon Ills Majesty and holding
them as hostages of war for better
terms. What would hnve been the n
sult if the King had' had the nerve to
do this I cannot say. It probably
would havo resulted In a mora liberal
constitution to the King as it Is doubt-
mx If tho revolutionists would have
risked an attack with the probability
of stiotlng down the flower of their mil
lionaires. Tho second allegation, namely, that
I offered Mr. Uob Wilcox G000 on be
half of tho Republican party Is abso
lutely false. I havo never had any
,le,1,ln'a with tho Republicans In nny
way, snapc or planner and I certainly
dlil "ol hnvo 3000 of my own to offer
MT- " "cox- w""o member of the
' I t 1 1 .
Independent .party I always advocated
sticking to Home Rule as I did not be
lieve that an Independent Delegate tj
Washington would havo any standing
I so ndvlscd Mr. Wilcox and asked him
to stand for tho Senate Instead of at
tempting to -go to Washington. Fur
thermore, I told Mm that It he would
B,ve mo a lclter stating that he would
8tc1' ,lown ni nm for tue Benato that
' u,;"ev,i ", nmong mc many well-
io-uo willies, half whites and native
HawallanB, I could rnlse a rcspectabla
campaign fund of from (3000 to
' S000 und that wo could get the bait
- - .. .- ..... u .. ....nit. . M'l
Moved at that time he had, like mysolf,
the best interests of the Hawaiian it
heart, but I found that I was mistaken.
Ho would not give an Inch for party
harmony. It was nil for Wlllkokl ana
devil take the hindmost.
I confess thnt I havo always been
for Bam Parker for Congress, a, frleuj
of a lifetime and If this Is being r
traitor to tho Independent party !
must acknowledge tho "corn" but I did
not know that Wilcox Intended being
tho "whole cheese." When In tho
United Stntes I wns an Independent Re
publican, nlwnyB voting tho national
ticket nnd for tho best men In locil
politics. I can see no way out of it
but to do the samo here. If n good
citizens ticket Is decided upon beforo
election I will vote for it. If not I will
select my own ticket from all parties,
as I am still an Independent.
In conclusion I will say that If I havo
earnedtho confempt of Mr. Bob Wilcox,
as seems apparent, he has paid me the
greatest compliment In bis power, for
then, I shall feel that I havo a cham.e
of earning tho political friendship ot at
least three-fourths of the reputable cltl
zens of Hawaii, of whatever political
affiliation and of whatever color.
Honolulu, Oct, 30, l'JOO.
Vote the straight Republican ticket.
Sound money and prosperity.
Kerr ft Co. havo values In men's and
boy's clothing thnt cannot be dupli
cated. They aro mnktng n specialty
Just now of boy's tweed pants at 25
cents per pair.
Vote the Straight Republican Ticket
T. McCants Stewart Says
It's So in a Legal
AGAINST A GUARDIAN
Liliuokalani Scores One Point in Equity
CaseVarious Probate Matters
-Testimonial to Retiring
- ' at
Judge Humphreys has approved.tho
Wldemann estate accounts. -
The accounts of the administratrix of
Jas, D. Holt's estate aro approvcd.but
her petition for family allowance is
T. McCants Stewart for defendant In
the action to-,qulet title of Solomon
Mnhelona vs. Lukn Kaloulou, w h,w
filed a demurrer part of which Is tliat
the complaint "violates n rule of thin
Court In that a part thereof Is In a for
eign language This Is the first lr
stance In which the Hawaiian languago
has been called foreign at home.
Christopher J. Holt Is appointed
guardian of the estate of UmlTtirir and
kallaa, minor sons of Mllla Perry, un-
(ler n uoni1 of '500 J1l'' HumphreyH
nlso appoints the same man admlnU-
trator of the estate of John Uml. lato
of Wnlanae, under a bond of I200O, on
the petition of Mllla Perry, widow of,
Fdward H. F. Wolter has receipted
for 11310.55 to S. K. Kane for Kcabe
makanl Nnholowna, In full settlement
of all his claims against her lu her
equity suit against him.
Lee Ling petitions for discharge as
temporary administrator of the estuio
ot Allona, deceased.
J. A. M. Osorlo, admtntsrator, file
an inventory of th,e late J. da Motta a
estate with a valuation of 1902.75 all in
savings bank deposits.
Judge Humphreys has sustained
Lllluokalanl's demurrer to the com
plaint of C. D. "Wilson, dismissing tho
bill In equity without prejudice and
staying the order for Hvo days.
Frank Archer has filed grave
charges In an affidavit against Jolm
Pne as guardian of Kcalohaokalaitl nf
Kwa, a minor, wTio 77ns accordingly
been summoned to appear before Judga
Humphreys on Friday next to answer
Byron Again Notlttcd.
Lincoln, Neb., Oct. 17, A letter
notifying Wllllnm J. Dryan of his nom
ination by the Silver Republican con
vention has been In his possesion for
som etime nnd his answer is expectel
The Republican party stands for
municipal government. Vote tha
Men's dress shirts, open front or
back, the largest and most complete as
sortment in town at 11.00 apiece. L. B.
Kerr & Co., Queen strcoL
Tho latest styles In shirts and ties
aro to be found at Iwakaml's, Hotel
street. Tel. 3361 White.
THE WATERMAN IDEAL FOUN
TAIN PEN. All sizes, all shapes. H.
FQR MUDDY STREETS.
The Doctor's Advice
Is to keep your feet dry and
This Is what OUR HEAVY
BOX CALF IN TAN
BOX CALF IN BLACK
0 will do o
$50 Pep Pair.
dflWiifc mto-.t m.
;, r r & ?.m$: jig&j&!ftl
hi iJtwWjU-. i