Newspaper Page Text
&CS THE PROGRESSIVE AMERICAN PAPER 6 7 1
Evening Bulletin f
THE PEOPLE'S PAPER.
Vol. X. No. 1847.
HONOLULU. TERRITORY OP HAWAII, .WEDNESDAY. MAY 22 1901.
JUL I READY
FOR BOY'S BRKADE
The Advertising Tourney
is Assured a Big
PEOPLE ARE REFUSED
TIME IN CROWDED SHOW
v0ne Firm Will Use Foyer for the
Purpose of Advertising Their
Success Is what Is assuicd (or tho
Boys' Brigade advertising tourney,
which Is to toko place? In tho near fu
ture. Adveitlscis called around to
the managers of the big advertising
project this morning, asking to bo
allowed to compete, but It was neces
sary to tell them that all tho material
.necessary had been secured. There Is
not a bit of room for anything more.
What has already been secured will
show a great variety.
T-StfiRo Manager Adams of the Berg
strom Music Company Is working on
tho piogram now. Definite exhibits
will be assigned to different parts of
tho stage, so that there will bo no long
i waits. Those that do occur will bo
, most pleasantly filled In by tho Man
dolin and Oleo clubs from Kamohn
meha, under tho direction of C. E.
King. Attractive lantern sIldoB. show
ing the work of tho Hoys' Club, will
also bo used for the same purpose.
There will be nineteen numbers on
the piogram. If It fs possible this
will be cut down, but fiom the looks
of things such a proceeding would
Over COD tickets bavo been sold,
and as there arc only 8S0 seats In tho
Opera House, It enn well bo seen by
the piesent Indications that a crowded
house Is assured. Some of tho young
ladles of the kindergartens, and even
from the Kamchameha schools, aro
selling tickets on commission
Two boxes have already been taken
and two still remain. These latter
bavo been offered to Oueen LIHuoka-
lanl and Governor Dole and may be
One of tho wholesale firms of tho
city proposes to compete, not on tho
stage, but In the foyer. This will
make the stairway all the more Inter
esting. Following Is the list of patronesses,
amended on account of tho resignation
of Mrs. W. 0. Irwin, who leaves on
file Sonoma: irs. J. S. McOrow,
Mrs. S. M. rtamotf Mrs. J. n. Athor
ton, Mrs. W. F. Frear and Mrs.
This list wns selected by the com
mittee composed of W. F. Dillingham
and 0. P. Wilder. These men nre to
publish In a day or two their rules
dealing with tho basis of award. Tho
curtain raiser nt tho tourney will bo
by the newsboys of tho Bulletin.
Gist of Indictment
Against W. G. Smith
The Indlctnient ag-ilnsta Walter O.
f mlth, editor of the Advertiser, for the
crime ot perjury Is based on occur
rences within tho Grand Jury room. He
Is charged with wilfully, knowingly,
falsely and corruptly stating verbally
a material fact on oatli where tho oath
was required and authorized by law
In a certain criminal Investigation then
and there pending before and being In
qulied Into by tho Grand Jury of tho
First Judicial Circuit. Tho Investiga
tion was as to whether any members of
the Legislature had accepted bribes to
lulluenco the cxcrclso of their duties.
The pieewitment recites that Walter
G, Smith being duly eworn as by law
required stated that I.o did not know
the name of the corporation that had
been approached by certain members
ot the Legislature to put up a certain
amount of money to pass a certain hill:
wheieas in truth and fact, he, the said
Walter G. Smith, then and thcie' well
We wish to announce to the
public tha by the terms of
a contract Just signed, the
ELECTRIC ROAD of the
RAPID TRANSIT CO.
Will he Imnvdhtelv extended
Ihili.wh Cj M(t, Mills fVillmt,
8. . .tan - . ... .-,
).... ... II... . ... .tn u ..l
ik ic tine ui I'm iiijiii ujwi-
Construction v II begin AT
ONCE, and the road will be
Jn operation within fojr
months, giving a 20-
knew tho name of the corporation
"And so the Grand Jurors aforesaid,
upon their official oaths aforesaid, do
say and present 'that the said Walter
G, Smith at Honolulu aforesaid. In th
Island of Oahu aforesaid nnd within
the jurisdiction aforesaid, on the ICth
day of May In theYear of Our Lord
One Th'ousand Nine Hundred nnd One
In mnnner and form nforsald did
feloniously wilfully, knowingly, falsely
and corruptly commit the crime of per
jury, contrary to tho form of the stat
ute in such case made and provided."
Violence the Cause
Says Coroner's Jury
The Coroner's Jury1 In charge of the
death of the negro, Jackson alias Char
ley Bombay, met this hoon, nnd listen
ed to tho remaining evidence,
Dr. Wood, who held the post mortem
on the body testlfied'as follows:,
Tho doctor had received the deceased
In a semi-conscious condition, In which
state he had remained until his death.
He was Kery irritable, eating but little,
nnd although he seemed to understand
the questions nsked him, answered but
little. Deceased got decidedly better
up to twenty-four hours before his
death when he began to sink quite
rapidly, and at 3:30 o'clock on Sunday
afternoon he was dead.
Witness held n po3t mortem on de
ceased and removing the scalp found
the head severely bruised on tho fore
head nnd at the back ot the head. On
examining the bialn witness found tho
covering. to the brain badly Inflamed.
There was B large hemorrhage on the
left side ot the head, and also ono on
tho right. This, together with the In
flammation Is known as mcnelngltis
and p-4t be caused by some violence.
Tho lungs also showed signs of In
flammation, but no recent signs of the
disease were In evidence. Aside from
that disease, tuo deceased was troubled
with no other malady.
After a short deliberation tho Jury
I handed In the following:
I . An Inquisition taken nt Honolulu,
I tsland of Oahu. on the 22d day of May
'1001, before Charles F. Chllllngworth,
' Deputy High Sheriff, one of tho Coro
ners of said Island, upon tho body ot
Charles Bombay thero lying dead? by
the oaths of the Jurors whose names are
, hereunto subscribed, who being sworn
I to Inquire when, how nnd by whnt
I means said Charles Bombay came to
I his death, upon their oaths do say.
That' toe ald Charles Bombay came
to his death at Honolulu, Island of
Oahu of the 20th day of May, A. T).
1901, from meningitis, due to Injuries
recehed nt the hands of one Klkl, a
In witness whereof, tho said Coro
ner and the Jurors of this inquest, have
j hereunto set their hands the day nnd
I vear aforesaid.
CHAS. I CHII.LINGWORTH.
F. W. w'Efcn.
.1. T. GREENWOOD.
O. A. BOWlfU,
Klkl was committed to the Circuit
Court today by Judge Wilcox.
PRANCII8 MURPHY CONCERT.
The entertainment nt the Francis
Murphy hall next Saturday evcrlng
will bo a departure from tho usual
style. It will be In tbn nature of a
concert with special diversions thrown
In. An original temperance story writ-
ten by himself will be lecited by Frank
Large audiences meet each Saturday
evening In Francis Murphy hall and tho
good Influence of tho Institution is be
coming generally recognized. Tho hall
If. omi every evening and Is patron
ized by scores of men who hitherto
have had no place to resoit except In
Francis Murphy 3 expected to arrive
In the Sonoma In which case a Jollifi
cation will be held among tho blue
For Groceries, Ring up Blue 911.
Plenxant Houne Worming.
The feminine contingent of tho party
of guests at the house warming given
last evening by the Young brothers at
their new homo on light houso Island,
christened .the pleasant Kabuile, "K,ua
nulu." over fifty persons were present
and a pleasant evening was 'passed by
all. Refreshments were served. The
vlsltprs wero carried out In the steam
PATOLMAN VVULBER8 DEAD.
John W. Wiilbers, the mounted pa
trolman who, a few da-M since, was se
riously Injured while attempting to
stop tho iimaway horde of a Japanese,
died at the Queen's Hospltnl between
5 and fl o'clock this morning. The
funeral will take placo from the under
taking pallors of H. II, Williams at 1
o'clock tomorrow. Tho body will bo
taken to PearPCIty for Interment.
Wulbers' death camo about very sud
denly.. He bad been picking up very
well nt tho Qucen'B Hospital and yes
ttnlay afternoon he wns apparently
Shortly befoio 1 o'clock this morn
ing, the unfortunnto man was found
on Dr. Herbert's veranda on Alakea
stieet. A telephone message was Bent
to tho police station and Wulbers was
returned to tho hospital.
Tho grocery business of Chas, Hub
tace for sale. See New Today.
L. A. THURSTON
L. A. Thurston, proprietor of tho Ad
vertiser, was fined $100 by Judge
Humphreys today and oidered to go be
fore the Grand Jury at once and tell
tbo Jury the namo ot bis client who
told lilm that an officer of the Legisla
ture had accepted a brlbo of money for
assisting In getting a bill passed. It
was further ordered that, upon the re
fusal of L. A, Thurston to comply with
the order ot the Court, he Bhould bo
committed to Jail until such time ns he
should be willing to comply with the
order. It being expressly stnted that
his Imprisonment should not extend
beyond the adjournment of the present
Wheu this order wns made by Judge
Humphreys, A. S. Hartwell. counsel for
Mr. Thurston, asked for time In wh' h
to confer with his client. A reccji of
ten minutes was taken to allow th"
consultation. When tho Court enme to
order, Hartwell stntml that his client
would not testify. The Court there
upon ordered Bailiff Hopkins to take
Mr. Thijijston Into custody until th
mittimus was prepared by the clerk
and then to turn him over to High
In the' meantime 'the bailiff was or
dered to conduct Mr. Thurston to his
office or any other place according to
the prisoner's pleasure.
Tho matter of Thurston's refusal to
answer certnln questions propounded
by the Grand Jury camo up for argu
ment nt tho close of the presentation
of the Cooper and McCnndless case,. A.
S., Hartwell appeared for the respon
dent. Hartwell said his client's wns n
clear case. He declined to answer the
questions before the Grand Jury be
cause the permission of his client could
not be obtained. The Information wns
entrusted to Mr. Thurston as a confi
dential communication nnd the law
does not permit an attdrnej' to violate
these confidential relations. The prop
osition seemed so plain to counsel that
ho was willing to lenvo it entirely with
the discretion of the Court as It wns
familiar with all the rules In such
Frank E. Thompson In his argument
ns amicus curia cited authorities
showing that nttorncys mny be com.
polled to show In open court, by whom
tbo are cmploed. He argued that tho
rule would apply with greater force
beforo n grand Jury which Is an arm of
tho court for the Investigation of
crime. The speeches of both counsels
were short and to the point.
Tho matter was submitted.
Tho Court said In effect: The con
stitutions of most civilized stntcs pro
vide that any person In criminal or
cill proceedings mny be represented
by himself or counsel or both. In ordej
that tho counsel may properly ills.
o o o o o o o o o o o o o oo o o o o o o o o o o o o o
The argument. In closing, by Attor
ney General Dole, In tho matter of II.
V. Cooper and J. A. McCandleBs, "was
brief this morning' In the First Cir
cuit Court. The ground covcied was
the same as that gone over yesterday.
He repeated the position of Governor
Dole nnd the government to bo that the
proceedings In tho Grand Jury at pres
ent are premature. Ho said tho Oovcr
nor'as not 'responsible for what had
been said In the newspapers. He held
that It Is the duty ot the executive',
with tho help of assistants, to proceed
In following up the clues to bribery;
that evidence should Le further pro
cured, and In the course ot time, be
placed beforo a Grand Jury. Ho re
iterated that tho same could not be
now given without defeating the ends
of Justice. Ho repented again, that In
tho matter of detecting the brlbo givers
and takers, the Governor nnd his ad
visers nro the sole Judges of whnt
shquld bo done and not this court.
In tho Course of his temarks the At
torney Qcnernl reverted to tho ques
tion of whether or not, II, R. Cooper Is
tho legal Acting Governor.
Judgo Humphreys, from tho bench
stnted In this connection that tho title
of Secretary Cooper to the office ot Act
Ing Governor should not bo attacked
la this action nnd thnt the Court would
not express Itself cither way upon tho
subject. If argument were presented,
tho Court might feel constrained to no
tlro tho matter In passing Judgment,
As tho matter now stands, the Court
will pass It by as being lesldo tho ense.
When tho Attorney General took bis
soat tho Court spoko substantially as
follows: Tho broad questions Involved
charge his duty both to client and the
Court, he Is entitled to tho fitlt3t. con
fidence of the client. The relation of
counsel and client Is d signaled in law
as privileged 'and confidential and in
formation received by the attorney by
virtue of such relation should not be
divulged except with tho consent of the
client. Tho Court referred to other
confidently relations under which the
law recognizes communications as
privileged as being escsntlal not only
to the protection of the client, but also
to the proper nnd due administration of
"But how far does the rule go," ob
tcrved the Court. The circumstances
must govern In each icse. First, the
relationship should be established. It
la not esesntlal that a letalncr shall
have been deposited or u fee paid or a
contract drawn. But the status must
exist. How Is It In this case?
On Mayt16, It appears from the report
of Die Grand Jury, that the respondent
said: Tho only mntter 1 have heard
wns from a client of mine nnd I do not
feci disposed to give ills uar.lu without
his consent. He has stated to ni6 that
there members ot the Legislature had
demanded money of Ills I'llent before
they would give Biipport to his bill.
Money was paid by my client to nil o'H
ccr of the Legislature for. his uld to the
"It is plain from a reading ot this
transcript.''; said tho Court, "that the
confidential relation was broken." .The
lespondent has reversed his lgal posi
tion. He has told the Grand Jury what
his client told him but withholds tho
name. He has given the Information
which the law would have protectej
him In withholding, but contrary to
law, refuses to give the naino which th
law requires him to give. Can an at
torney avoid the lesponslblltty ot an
1 ordinary witness? The, Court Is of tho
opinion that the attempt to do such a
thing is a prtense to avoid the duty and
I liability ot a citizen, the duty and Ha-
! blllty of a w Itncss. The respondent
I tn this case has not shown sufficient
cause nnd It Is hereby ordered that L.
I A. Thtuston be fined In tho sum of $100.
I He was ordered also to go before tho
Grand Jury at once, then In session
'and give the name of his client, and
falling to so to he committed until such
a tlmn'as he Is willing to glvo such In
formation. While tho committment papers wem
being prepared by the clerk. Mr.
Thurston wns closeted with bis nt
torney, A. S. Hartwell In tho ofllco ol
Chief Justice Frear. Bailiff Hopkins sit
ting In the hall.
It is undeistood tjat Immediate!)
upon committal, an -ippllcatlon for a
writ of habeas corpus In behalf of Mr
Thurston, will be made In tho Supreme
In the matter argued before this Court,
Including ns It does thu rights, respon
sibilities, duties and prl lieges of. tbo
different coordinate branches of the
government, are of such importance
that the Court should not delllcr Itself
of an opinion hastily. Tho mutter will
bn taken under advisement, tho Court
will mature Its Judgment and In due
course, a decision In writing will be
made,, f Tho opinion of,tho Court to
gether with the nddrcsB.o'f the Attorney
General will be forwarded to the De
partment of Justice. The citations and
other matters referred to by tho Attor
ney General will be included In the
I Much stress has been laid upon the
ability- of the Governor of this Terri
tory, his power to call out tho military
forces of tho United Stntes and to put
In motion tho naval power. Whllo such
powers may exist why they should be
paraded before this Court In HiIb man
ner, the Court Is unabto to understand.
If the thought has been to rocrco or in
timidate, such a course, arouses In this
Court and would arouse in any court,
the utmost contempt, both for the
things said nnd tor the author of tho
utterances. This Court will not bo In
fluenced by tho tbre.it of Pretoilan
Guards, or tho estatcuient that the
Executive) of tbo Territory has at bis
beck and call tho land and naval forces
of tho United States.
i Thcio wero various points In tho ad
dress ot the Attornoy General where
thu Court might very veil bavo stop
ped him In tho exercise of Its power
nnd dignity. Conceiving It to bo the
duty of tbo Court under all circum
stances to allow the utmost privilege
of advocacy, It has permitted the At-,
torncy General to make many expres-.
slons rcflectlpg In great degree upon
the honor and dignity of tho Courtr
Again, the Court says that nny one or
office representing power or officer who,
by threatening force, utekB to Intimi
date this Court, will fall in the effort I
and gain the utmost contempt.
The Attorney General nrose, saying:
"I desire It to appear of record that tho
observations In regard to power were
based upon the authorities which I
cited to your honor and my remarks
wero mainly the remarks of courts of
tho last resort, not of the Attorney
Judge Humphrcjs ordered thr adden
da to trie Attorney General's address to
appear In tbo record and said: The
Court will place Its own construction
upon the remarks made In the address
of the Attorney General. Officers of the
government have como Into the court
on citation to show cause, nnd In the
representation of counsel hne as
sumed the position that we nre right.
Wo know we are right, that the law
sustains us. and if the Court over
rules us, we will fall back on force.
The I'cklng which nrrUed a day
late from the Orient hnd n rough trip
nearly all of tho way. From Yoko
hama, for the first four days of the
trip tho vessel bucked Into head
winds nnd sens o thnt her speed wns
greatly retarded and sho mado but
two hundred nnd thirty miles a day
on tbo avcinge. She has a largo num
ber of pnsscngers, several of whom
nro for this port nnd four hundred
tons of freight for locai merchants.
In her through cargo Is a nuarter of
a million dollars north of opium.
Among her through passengers nro
n partv of Filipinos on their way to
tho Buffalo Kxposltlon". There aro
ninety eight of them, men and women
from nil walks of llfo In the Philip
pines. They Incliulo silk weavers,
rope makers, baibcrs, tailors, shoo
makers, actors nnd actresses, and
many other trades and professions,
llesldes theso there Is n string band
of fifteen musicians, who while the
steamer was docking, played seernl
airs which sounded very pretty from
tho wharf. These natives aro under
the charge of l'ony Mooro nnd W. S.
i-ongnecKer who had tho Filipino
Vlllngo at tho Omaha Kxposltlon.
u is liiought that tho band will
give a concert this evening If arrange
ments can be made. Tho steamer
will not sail until midnight, so there
will lie plenty of tlmo for a perform
ance. The music, of which n sample
was given nt tho wharf, will be well
Among tho other passengers aboard
tho Peking are two English army
captalnR from South Africa. Ono of
them, Captain R. 0. Bell, has been re
lieved from duty nnd Invalided homo
on nccount of wounds received on tho
battle field. He was shot twice in the
body by Boer riflemen nnd left for
dead on the field. Tho Boers being
repulsed, and passing him where ho
lay, seeing that bo was not dead,
shot him ngaln In tho leg. nnd tho
limb hnd to bo amputated. With Cap
tain Bell is Captain F. K. Bishop, who
has been stationed on tho Gold Const
of Afilca. Both captains will remain
hero for a time.
Must Show Cause
When the Circuit Court convened
this atfcrno'on, tho Grand Jury tiled In
and made a report. It recited that T.
F. Lansing, exTreasurer of the Ter
ritory appeared before the. Grand Jury
May 21, and was questioned ns to his
knowledgo of bribery among (ho mem
bers of tho legislature. Of his own
knowledge ho knew nothing; had nt
tended meetings of tho Executive
Council but did not remember that tho
subject was discussed nt tho meetings.
Ho said, Secretary Cooper had told
him In confidence the names of persons
who know about tho bilbcry. But re
fused to tell tho Grand Jury tbo names.
Tho Court ordered that eitation Issue
commanding Sir. Lansing to appear at
10 o'clock tomorrow nnd show cause
why ho should not answer tho ques
tions propounded by the Grnnd Jury.
Another Crowded House.
Tho Ellefords played to another
crowded house at tho Orpheum last
night. "The American Girl" was put
on tho stage for the last time. It was
Impossible tn scat the vast andlence
In the regular rows, so chairs were
brought In for tho accommodation of
people anxious to see the play. Even
this did not sulTlco nnd many were
forced to Btand. There Is no doubt
whatover that tho Elleford's have cap
Tonight, tho company will present
David Bclnsco's play, "Tho Charity
Ball." Tho advanco calo seems to In
dicate another crowded house .
PRANK ATIIEIITON SICK.
After the tennis mntfb yesterday af
ternoon, Frank Atherton. tho winner
tho year's championship, went homo n
sick man, He wns taken with chills
and fever and Is now In bed. This will
mako It Impossible for him to play In
this afternoon's match nnd It is hardly
likely that he will go Into any of tho
remaining matches even If ho Is well
enough In tlmo.
Cnlectnr Stnckablo his Imposed n flno
of 000 on tho steamer City of Peking
for permitting tho escape of three re
jected Immigrants from S.tn Francisco
on her last trip through.
League May be Formed
With Hawafi and the
Other Islands. ,
GROUNDS FOR LOCAL TEAMS
,. NOW-AN ASSURED-FACT
Maui and Hilo Eager for the Fray
Local Aggregations Will Combine
in Near Future-Honolulu's
The late actUlty In baseball circles
seems to b.ie bad tho delred cffeit, aj
plans for the formation of a local base
ball league have begun to take definite
shape. Four of tho local teams will
meet In the near future, and draw up
plans for the formation of a league.
The teams nre from the V. M. C. A., the
'Malle-Illma Club, the Police Depart
ment nnd tho Honolulu Athletic Club.
, News conies from Maul that the Maul
Athletic Association, which was or
' ganlzed a short time ago, is now form
ing n baseball team and Is anxious to
consolidate with the ioi-al league, Hiio
'also has two teams which would be
glad to slrhe for championship hon
ors, and Kauai Is beginning to catch
1 Tho Maul boys aic nil crack plajrrs
i for. n fow jears ago, they camo down
and mado things Ihcly for the local ag
gregations. Tho club ns organized
conlssts of the following members:
Dr. J. Weddlck, W. H. Cornweli. Dr.
J. II. Raymond, James L. Cooke, L. R.
Crook, C. Wnldeycr. W. 11. Field. F.
F. Rosccrans, S. Kclllnol. T. Cummlngs,
.C. Crowcll, D. Crow ell, J, X. K. Keola,
'A. J. Gomes, J. and A. flaicla, W. II,
, King, Pla Cockett. SI. C. Ross. T. Pick-
yll, V. 1 11UUIJI3UU.
The nlllrprfl nre?
'The officers arc: L. M. Baldwin,
president: Rev. W. Ault, vice presl-'
dent; G. B. Schraeder, secretary; G. B.
Robertson, treasurer. Board ot direc
tors: W. II. Cornweli Jr., chairman;"
. Dr, W. R. Bootc, C. F, Slemsea. Geo.
' H. Cummlngs, C. II. G Braun.
I The chief difficulty; the securing df
grounds, seems to have been overcome,
Tho Knplolani Park Commission have
given permission to the local biscball
people to lay out a diamond Inside the
track. Work will be begun on the field
ns soon ns the league baa been formed,
which will probably be about the end
of the week.
1 The trustees nt the Honolulu Athle
tic Club will bold a meeting next
Thursday evening to elect a baseball
manager and captain. The club has
seemed temporary quaiters In the Elltn
block, wheio they will hold meetings
until permanent quarters can be ob
tained. At present the club Is still In Its
Infancy, but there aro hopes among
tho members that sufficient money may
bo procured to cnablo It to branch nut
quite extensively. What the boys want
to do Is buy a club house, grounds
gymnasium and athletic field. Billiard
rooms, caril rooms, reading rooms nnd
baths would of course be part ot the
Nothing can be ascertained about the
formation of the inter-island league un
til the local clubs combine.
Lllluoknlnnl to Hilo.
Queen Lllluoknl.ini expects to leavo
for Hilo In tho near future on a visit.
A. luncheon to Her Majesty was giv
en at tlio homo of Mrs. Wnlker In Nuu
unu )esterday. Ten of the closest
friends of Llllunknl.ini were present.
' , -S .
We Stand Right Behind
Our Shoes :::::::
. The Maker ,
LOOK TO YOUR FEET
that TIT RIGHT and look fine
when new. SHObS tint LOOK
riNI:, lit right and wear well
when old. They are Twent
ieth Ccntui'y shoes, apa con
S'liuently the shoe of the day.
1057 Fort St.
, . - ,.,,p
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