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title: 'Evening bulletin. (Honolulu [Oahu, Hawaii) 1895-1912, December 31, 1901, Image 1',
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the New Year Well and Subscribe
your business a one that
cannot be advertised suc
cessfully. Ilut you're wrong.
ABk The Bulletin about It.
From 8. F.
Sonoma Jan. 1
Coptic . ...Jan. 4
For 8. F.
Ventura Dec. 31
Gaelic Jan. 3
Moana Jan. 16
Aorangl Jan. 18
FOR THE EVENING BULLETIN
Vol. XI. No. 2032.
HONOLULU, TERRITORY OE HAWAII, TUESDAY. DECEMBER 31, 1901.
3'kiok 5 Cr.KTs.
f HA I MIBM
."x. But of Kinau Robbery
A He Can Tell
, f Nothing.
ANSWER IIQRER COURT
Police Make Interesting Discovery in
Searching Young Man's Home
Stole Socks from Mclnerny
VfiLi Kamakawlwoole. the clerk
I aboard' the steamer'-. Kinau who had
charge of the mall. room when the
reglsteredfmall pouch was stolen and
who has been under surveillance of .a
police ever since that time, Is now In
very deep water and, It ho does In the.
Circuit Court just as he did with Depu
ty Sheriff Chllllngworth yesterday, ho
will certainly go out to Oahu Jail for a
At one time, a couple of years ago,
the young man was employed as a mes
senger boy in the clothing store of M.
Mclnerny fc Co. He remained there
(or some time and was dismissed for
general incompetence. It was noticed
shortly afterwards that a .ot of socks,
collars and shoes had made their dis
appearance. In some mysterious way,
the place had been entered and the
goods were gone.
Nothing was thought of the native
boy who nad been discharged and the
goods were given up as lost tor all time.
When the registered mall pouch was
discovered gone, William was taken to
the police station and very closely
questioned by both Sheriff Brown and
his deputy but the young man had
nothing that would In any way help th
officers In their investigations.
William was allowed to go aboard
the Kinau again but when that steamer
' returned on her last trip, the young
man was again examined by the police,
:ertaln facts having mm to light dur.
ne the Interim that made such an ex
imlnatlon necessary. The police could
dnd out nothing from the young man
o It was determined to search bis
All ttanner of evidence was found
but this o'ldence was not what the po
lice were atter. Socks, collars and
shoes stoles Iran Mclnerny's store
were what the officer found. Kama-
kawlwoole was questioned about the
stolen property and he came out with a
full confession ot having stolen the
goods. However, try as they would,
the officers could get nothing out of
the young man about the mall robbery.
William appeared In the Police Court
this forenoon on the charge of larceny
in the second degree. Ho waived ex
amination and was committed to ''the
Circuit Court for trial
E. V. Richardson has received tho
following acceptance ot a football
challenge from J. A. Thompson:
Honolulu, Dec 31, 1901.
E. V. Richardson Esq. Dear Sir:
Your challenge to play a game of toot
ball with the clerks of the Alllolanl
and Kapualwa buildings Is accepted.
It Is the deslro ot our boys that tho
gamo bo played on Saturday, tho 11th
day of January, 1902. Yours truly,
J. A. THOMPSON.
Rev. Dr. Saintly Bobble. I don't see
you at Sunday school any more. Dob
ble No, sir. Thore Isn't anything
more for mo to learn. Rov. Dr. Saint
ly No more to learn I What can you
i mean?" Robbie (proudly) I've licked
overy boy In tho class. 'town and
, Norway's population Is the smallest
,n Europe compared with her area.
Each of her inhabitants could have
forty acres of land, while the Briton
would have to be content with less
.'than an acre.
' .: or Rent
Well located 6-room Cottage
at Maklkl; dining room and
bedrooms moBqulto proof;
best of plumbing.
Only $400 down.
tor balance, will buy It, or
will rent to family without
children, for $30 per month.
Ring up Main (0 and in
quire about this.
At a meeting of the McKlnlcy Me
morial executive committee yesterday
afternoon the following motion was
carried; "That IK bo expressed as the
sentiment of this committee that wo
favor a public square and playground
as a memorial to Mr. McKlnlcy."
Governor Dole, C. M. Cooke, F. A,
Schacfer, K. Imanlshl and Rev. W. D.
Wcstervelt were present at the nicot
ine held in Mr. Cooko'a office yester
day. There was a request from the
Onhu committee that thero bo soma
definite Idea given as to the form of
the memorial. There was a lot ot die
cusslon on this matter. Then came
tho motion of Rev. W. D. Wcstervelt
as alvcn above.
A motion was made by C. M. Cooko
that a commlttoe of two be appointed
to consider the sites which might be
offered for tho uso of the committee
and to kIvo socio estimates as to the
cost ot fitting up tneso sues lor tne
uses to which they are to be put. This
carried unanimously and Messrs. Me
nandless and Cooko were appointed
on tho committee, Governor Dole to I
It was also decided that, at the next
meeting, the Oahu committee bo called
In for a general discussion ot tho fu
ture work to be carried on.
Later on In the aftornoon, thore was
a meeting of tho Oahu committee. A
letter from R. Law recommending a
memorial In tho Shane ot school build'
Ine to hold 1000 children, was read
and the meeting, after a short discus
m i s
STUD IN I ID
ADVENTURE OF COURT
PARTY AT PEARL CITY
Wagon Becomes Hired and Inspection
of Land is Concluded on
Foot The Boundaries
On Its visit to tho leasehold prop
erty ot the Honolulu Plantation Com
pany yesterday the United States Dis
trict Court ran the risk of a swamped
Instead of a "hung" Jury, judge Estee
himself had a narrow escape from
having prejudice created In his mind
not in favor ot either party to tho
uibo at bar, but against anybody who
may hereafter try to lure him out of a
railway coach or oft a good driving
road tor a Judicial Inspection of farm
Marshal Hendry conducted tne jury
by trahi to the margin of tho lands to
be inspected, wun mem were uierK
W. . Mallng. IfTnlted 8tat0B Attorney
J. J. Dunne, Captain Pond, Lieut.
Rodman and Manager J. A. Low,
Judge Estee, Captain Merry and At
torney Silllman took livery stable rigs
down tho turnpike to Pearl City. Two
eprtngless wagons and nan a dozen
saddle horses were awaiting the re
united party. With six mules to a
wagon tho expedition over tho con'
dtmned leasehold of 617 acres start
cd. (Court and counsol this morning
bad to hold themselves In strong re
straint to avoid pronouncing "con
demned" without tho urst syllable and
with the first "o" like an Englishman
uics It in tho word "clerk.")
Before tho caravan had proceeded
far on an alleged road, one of the hug
wains sank to tho hubs. Wncn the
mules were urged, four of them entor
cd a demurrer and lay aown on their
sides while tho prosccuuon argued.
Judge Estee, when all efforts to ex
tricate the vehicle seemed unavailing,
was for entering a mistrial. When
over Mr. b....man would mane a sug
gestion, Mr. Dunno objected that it
was Irrelevant, Immaterial, speculative
and lemoto. At last somebody
thought of tho classical advice, "Put
jour own Bhouldcr to the wheel," and
with a horculean effort fifteen shoul
ders raised the wagon from Its miry
bed. Tho rest ot the Inspection wait
mado on foot. Besides viewing tho
boundaries ot the land tho party took
a look at tho well.
Marshal Hendry provided luncheon
from town, which was enjoyed at th
defendant's plantation headquarters.
The main body returned to Honolulu
In tho aftornoon train. Judge Estee,
Captain Merry, Mr. Dunne and Mr.
Silllman taking carriages by the Gov
MURPHY CLUB D0ING8.
A general meeting ot the Francis
Murphy Club was held last evening for
the discussion and adoption ot the new
constitution, the most important pro
vision of which Is the furnishing of
bonds by the treasurer, tne amount ot
such bonds to be fixed by the board ol
directors. The new constitution, after
a short tfticusslon, was adopted. The
election of officers of the club, under
the new constitution, will be held next
Monday evening,' January 6, 1902, at
7:30 o'clock. It was announced at the
meeting last evening that all the debts
of the club up to the end of the year,
would be paid off, thanks to an anony
mous donatlon,of $100.
Now Clulnea Is Just now suffering
from a visitation of whooping cough.
This Is the first time that the malady
has occurred there, and. as usual in
such cases, It Is spreading like wild
The office of
WELLS, FARGO & GO.
HA8 REMOVED TO THE MA80NIC
BUILDING, COR. HOTEL AND ALA
III IH WIS
In Obedience. to Verdict
Of the Coroner's
FOR QUARTER'S SPENDING
Mrs. Foster Hakes Exchange of Land
With .Government Hawaiian
Wants to Buy Land.
It is not often IrTat the verdict ot a
Coroner s Jury comes io fruitage in Ita
recommendations, excepting where an
arrest has to be made, so quickly as
has taken place over the Inquest on
tho body of Charles Ah Fal, killed by
electricity In Mclnerny's clothing
store on SatTiTilay evening. The ver
-"That the Superintendent of Public
Works appoint a competent Inspector
to Inspect all electric wires In th
city of Honolulu, with the power to,
condemn and to perform all other such
acts as In tho premises may seem
At the meeting of the Governor's
council this morning, Superintendent
J. II. 139yd proposed the appointment
ot an electrical Inspector and nominat
ed William L. Frazee, superintendent
ot tho Government electric lighting
system, to fill the position. This was
An application was received front
the Central union church for an alter
ation In its charter to enable It to hold
property to the value ot $500,000.
Superintendent Boyd submitted
B - . -
proposition for an exchange ot land
with Mrs. Mary E. Foster, who was'COod health and the Pearl Harbor ex- Oat, C. L. Wlghttl W. t. Allen and
prepared to give land for the widening pcdltlon yesterday broke him up. Dr. K. A. Schaefer.
of Fort street In exchange for a lot on j Howard Is attending Mr. Prescott. I Immediately on adjournment of the
Mount Tantalus. This was approved. Jud,e Esteo adjourned the trial toit"nf' 'ft.?0"1? '?nwt,Wnffl
Commission., E 8. Boyd. mUted Mod.y morning nL SltSifXX&'Si
an off er from the Hawaiian Agrlcultu-1 Judge Humphreys set cases for hear- cnButng yCar, were chosen: W. F.
ral Co. to bid an upset prlco of $1000 jng. Godfrey vs. Rowland, demurrer, Allen, president; John Ena, vice pres
for tho fee simple of a tract In Kau will be beard on Thursday, and Kahale-ldent; F. A. Schnefer, secretary; and
now held under a soon expiring lease- puna vs. L. U McCandless on Friday. E. F. Bishop, treasurer. Tho execu
hold. This was considered favorably. jn tho matter of the estate of James tlvo commlttco was also chosen, as
A schedule of pro rata expenditures
on the appropriations for the various
departments, covering the ensuing
three months, was submitted by Treas-
urer Wright, approved and ordered to
be transmitted to each department.
Weekly edition of the Bulletin $1 a
Happy New Yearl Tomorrow with heard. If the other kind Is heard ap
the midnight's leaf turning will be the! P'oachlng, open up everything.
beginning of Just as much trouble as
was experienced during the past year.
It It is any consolation, there may be
an Increase ot trials and tribulations.
The Chinese are the only, people in
town who, at this stage ot the game,
can look on and say that their leaf
turning time Is still in the future. In
consequence, they must be the only
happy fellows for really It Is a beastly
boro to turn leaves when you don't
The bootblack stands are being kept
very busy today. The young men
about town are all shaking the lost
vestiges of the dirt of the old year
from their feet. There are some oldet
men and some women too who are get
ting their shoes polished at home.
There aro many In town today who
are glad ot the cold weather for It fur
nishes a very plausible excuse for
Keeping warm Just as the midnight
hour strikes, In this land where there
are no fireplaces.
The time ot the year has arrived
when It Ib a cbbo ot swearing oft on all
manner of vices that have taken hold
ot people during the past year or 'of
sleeping past the midnight hour and
then coolly announcing tomorrow
morning that nature was to blame tot
failure to make resolutions Just at the
proper time. There are many excusei
but thU Is really the worst of all.
Honolulu on New Year's day will be
a sad one without Captain Berger and
his band and there are many today
who, when they should be forgiving,
kindly in their thoughts, and all that
kind ot thing, are saying that they
are In hopes It will rain all manner of
lehua blossoms In Hllo tomorrow.
Those who sleep late In the morn
ings should take a purse full ot twenty
five cent pieces to bed with them to.
night for the ones who cry out: "Hap
py New Year" and then never even put
a comma after tne word "year" but add
"gimme a quarter" In one breath, will
certainly be abouL
This Is the night and tomorrow Is
tho mnrnlnc when extremely aweet and
extremely Indifferent music will be
henr,i In nhnndanee To shut out tht
heard In abundance. To shut out tne
i.i n, .' inn (, iuiii uut ii .
and, if mere is a Pad dog nanuy, cnain
blm In a place where his growl may be
JAPANESE FINED $B.
The ten Japanese charged with as
sault and battery on Kekahlo at Ka
mollllli on Christmas morning appear
ed for trial In the Police Court this
forenoon to have their case finished. It
was proved beyond a doubt that the
fellows did tie up the native and leave
him In the niln but, since they were of
tho opinion Kekahlo was stealing
horses It was the opinion ot Judge
Wilcox that the case was not a very
bad one. However, they went too far
In tying the man up and then beating
him. The defendants wero found guilty
and sentenced to pay a flne;of (3 and
ATTEMPTED HOLD UP.
Fred J. 8cott;cdltbr of the Gossip,
while on his way through Thomas
Square last evening noticed a man ly
ing on the grass and groaning. Scott
went to him to ace If he could be ot
any assistance and while kneeling by
the man he was assaulted by'anoth'er
man from behind. The man on the
grass suddenly sprang up and attempt
ed to take hoia of Scott who got to his
feet and ran. The men followed him
out ot the park but stopped vin their
chase. Scott does not know, the Iden
tity ot the men but thinks they made
an attempt to rob him.
TRI&l IS POSTPONED
OWING TO THE ILLNESS
OF ONE OF TBE JURY
A. S. Prescott Was Not Well and
Pearl Harbor Trip Hurt
Him Circuit Court
A. S. Prescott, a Juror in the Hono
lulu Plantation Company's condemns
Hnn roup. wnH too 111 to attend court
i -.- --, -
this morning. He bad not been In very
an order wal maae by'judga
Humphreys granting Love or his at-1
.uruey ii-uyb io wnuuruw a nil Micu a
T. T. Johnson of Los Angeles, Cal.,
has one of tho finest pigeon farms In
the United States. He has 15,000
IN THE NEW YEAR
Ball and Sports.
Olive Branch, Rebekah Lodge, No. 2.
will give a New Year's ball in Prog
ress Hall tonight. A cordial welcome
la extended to friends to attend ttilH.
the final function ot the year. It Is
respectfully added that it might also
be the first function of the New Year.
A game of association football is
scheduled to take place at the Maklkl
grounds on New Years Day, at 10:30
a, m., between the Scotchmen and
the Rest of the World. Tlio Scotch
team has already been selected and
will lino up as follows: Goal. Cock
burn; backs, McGlll and A. Anderson:
half-backs, Brown, Cralk and Guild;
forwards, McWhlrter. Kay, Goudle
and Fiddes. George Morse Is select
ing tho other team.
There will be a polo gamo on the
field at Kaplolanl Park at 3 u'cloch
tomorrow afternoon. This is the event
that was to have taken piaco on
Christmas Day but which was post
poned on account of the weather. Tho
Reds will try to outshine the Blues, a
thing that should certainly take nlarp
If It Is a question of a sign for th
Kallhli Protestant, Church Watch
meeting at 7:30 this evening. The
uev. urs. westervelt and Rice will
ipeak. 8tereoptlcon views, good mu
lie and refreshments.
Central Union Church, Rov. Wt M,
.mcald Prayer meeting in the Sun
lay school rooms at 7:30 this evening
At 8 o'clock annual business, mooting
f the Central Union Church.
St. John tho Baptist Chapel, Kallhl:
Roy, Father Clement High mass and
sermon at 8 o'clock New Year's morn
St. Augustln's Chapel, Rev. FatL i
Valentin Special services and sem.n,
at 8:30 tomorrow morning.
St. Andrew's Oatnedral, Dean tho
Bishop of Honolulu; parish prlci th;
Rdv. V. II, Kltcat The feast tt tho
circumcision. Holy communion, 0:30
n. m. Morning service at 0 o'clock,
Methodist Episcopal Church, Rnv,
O. L. Pearson From 2 to 4 tomorrow
afternoon annual New Year's recep
tion, by the pastor at tho parsonage
and lawn, Berctanla and Miller streets.
'Young Men's Christian Association
-Annual New Year's reception to the
W"iB men of Honolulu, by the Y. M.
c A Tho boar(, 0j dlrectorg wll ro.
rtlvo nnd the jjujieg. Auxiliary will
Sorvo lunch from 12 to 2 p. m. New
Year's Day, gymnasium events at
I. !!llf 1
On Affairs at Sailors'
Home During Year
MEETING OF SAILORS'
HOME SOCIETY TODAY
Six Old Trustees Re-elected Will
Serve Until December 31, 1904
Board of Trustees Holds
The annual meeting of the Honolulu
Sailors' Homo Society was held this
forenoon. There were present tho
following: J. K. Hackfcld. W. F. Al
len, F. W. Damon, J. B. Athcrton, A.
S. Clcghorn, Henry WaterhoUBe. F.
M. Swanzy, W. W. Hall, John Ena,
E. F. Illsliop and F. A. Scliacrer.
Tho first business of tho meeting
was tho reading of the treasurer's re
port, which showed a very satisfac
tory condition ot affairs. The homo
was out of debt, all bills having been
paid, and there was a surplus In the
treasury. The report was ordered filed
Next camo tho report of Captain
Isaiah Bray, superintendent of tho
home, who stated In plain language
the very .satisfactory state oi affairs
at the sailors' boarding house. Every
thing was in good order. The Improve
ments mado during tne year were de
tailed., The report was ordered pub
lished and then it was voted that the
secretary. Mr. Schaclcr. bo Instructed
to write a letter to Captain Bray, cxH
pressing their satisfaction over and
appreciation of his work at tho homo.
The following six outgoing members
of tho board of trustees were re-elect
I'll, U OUI.U UUIII WSWUIin.1 u., .vw.
Robert Lowers. F. M. Swanzy, J. M.
ed, to servo until Decombcr 31, 1901:
n , wi-T.X V w nimnn '
C. L. Wight and F. W. Damon.
, n'HnPUBrtv How .11.1 va- romo n
... "-p"- - '-- ------
i lick the Dutchman? McLubberty
Ho called mo Oirlsh. O'Hoggarty
Vr hlvtn's seckl Ain't yez OlrlshT
McLubberty Oi. am thot, and Ol'ra
proud av utl But, begorra, OI don't
lolko to be called sol
p. m. A cordial invitation Ib extended
to all, A young man does not havoto be
a member ot tho Young Men's Chris
tian Association to enjoy a good tlmu
on New Year's Day at tho young men's
headquarters. Tables aro being set
for 110 persons and thero aro enough
good things to last for two re settings.
Decorations aro making the bare hall
artistic and most of tho Amateur Or
chestra will be on the platform. There
will bo twenty-five young ladles wait
Ing on tho tables.
German Ltitheran Church Tho Ger
man Lutheran Church, Rov. W. Feltny,
pastor, will at 8 a. in. today hold com
munion services; tomorrow nt 11
o'clock there will bo a Now Years ser
vice, and Sunday thero will bo tho an
nual election of offlcors at tho close
of tho regular scrvlrn.
Dlcnstag. 8 Uhr, Sylvester-abend'
Bclchto und Abendmahl
Mlttwoch, 11 Uhr, Nosjahrs Gottes
Sonntag, am 'ten Januar, flndet Ini
Anschlusz an dcr Oemolndcs Oottcs
dienst dlo Waho des Vorstand Btatt.
Roman Catholic Cathedral His
Lordship tho Bishop of Panopolls. At
7 o'clock this evening, oxplntlon ser
vices for sins committed during the
past yoar: at 7:30 To Doum and
thanksgiving service, followed by the
lieendlction of tho blessed sacrament.
Wednesday morning, low masses at fi
and 7. High pontifical mass by the
Bishop of Panopolls, sermon by tho
Uev. Father Mathlas. The mission
choir and tho Catholic mission band
will be In attendance at this sorvlco.
Murphy Temperance Club Thero
will bo a special watch night meeting
at tho club roomB ot the Murphy Club
this evening. Tho program will con
sist of songs, speeches and a good so
cial time. This meeting to see the old
vear nut and tho new year In has been
specially urranged for all thoso who
may .desire to turn ovor a new leaf
and slxn tho pledge. Refreshments
will be sorved during the evening.
Salvation Army The Salvation Ar
my will hold a series of meetings In
connection with tho watch night sor
vlco .this ovcnln Tho program as
marked out by them will ho as fol
lows: At 7:30 p. m., tho usual opci.
air mooting on tho corner of Fort and
Hotel Btreots; 8 p. m., a farowoll free
and easy and good-bye to 1901 meet
ing In .tho hall; 10 p. m recess. Light
refreshments will bo served to all corn
ers; 10:30 p. m the last parade ot
tlio old yearj 11 p. m., the watch night
serlco, at tho conclusion of which
tho first march and onen nlr meotlnu
of tho new year will bo held. All are
given a cordial Invitation to theso services.
The heads of tfie various committees
Appointed to mdko arrangements for
the reception of tlio Supremo Chancel
lor of the KnlghtB ot Pythias, reported
to the executhc committee In Harmony
Hall at the noon hour today. The pro
gram was nrrnnged for but has not yet
The reception committee was In
structed to meet Mr. Fethcrs upon flie
arrival of the Sonoma and to conduct
him to tlie Hawaiian hotel where quar
tcrs liae been secured for htm.
It was decided to hold a big recep
tion in Progress hall on the evening ot
Thursday. January 9, 1902, after which
thero will be an Informal dance.
All members of tho committees an?
every Knight will wear a badge dur
Ing the visit ot the Supreme Chancel
The reception committee is now In
session and Is completing arrange
ments for tho proper welcoming of Mr.
tethers to Hawaii nel.
KIMBALL TO SOUND.
The schooner Allen Kimball will
probably go to the Sound for a load
of lumber next month. J. T. Tnylor,
her owner, made an Inspection of her
with Captain Garland this morning,
and by the time Rhe Is ready to leave
for the north she will bo In Sno condl
tlon for the trip
11 or OLAA II
IT MAY BE DUPLICATED
TO GRIND PUNA CROPS
Sugar Was to Be Produced from Home
Plantation Last Friday
Handing Over 'the
Louis Busnell. of tho Honolulu Iron
Works, has returned to town after
having been engaged on the erection
of the Olaa mill machinery for six
months. The mill was working well
when ho left. Uy 'lucaday evening
of last week eighteen tons of syrup
bad been produced, but Us conversion
Into sugar would not be done until
Friday. The cano being cut at Olaa
was splendid In quality.
Whllo at Olaa Mr. Busnell heard
talk that Puna plantation would not
hao a mill erected within any definite
period, but liavo Its grinding done at
the Olaa mill. Thero Is buo acres ot
fine cano ready for mining now at
Puna. Whenever it Is finally decided
by the Puna peoplo to depend on tho
Olaa mill for good, that mill will havb
Its machinery duplicated. Thb build
ing Is all ready for this purpose.
Manager C. Hcdemann of tho Hono
lulu iron worKB lett tor uua yester
day to hand over tho mill to tho com
pany. Its capacity is 175 tons or sugar
An appeal has been taken by the Or
rheum Co., I.f., from District Judge
Dickey's refusal tb reopen default In
the suU against It of II, F. Wlcbman
for $70 debt and costs.
A special meeting of the stockhold
ers of the Koloa Sugar Co., Ltd., will
be held January 8. See New Today.
The Merchants' Parcel Delivery
Delivers packages to any
part ot the city tor 10c up
wards. Try them. Phone Blue 021.
Packages shipped 'o
all parts of the United
States and Europe.
Office, 1047 Bethol St.,
opposite Honolulu Market
OPEN EVENINQ8 UNTIL 10 P. M.
fljwfi "B0X A Famous
Wo havo a largo stock ot the excel
lent good's, which were Just received
and can say that thoy aro bettor than
ever, Anyono who has worn a pair ot
thoso shoes knows what that means,
Thoso who havo not found a shoo
that gives them satisfactory wear and
comfort o suggest that tbey try tho
Hamilton & Brown. "
NEAT FITTING, STYLISH, and
THE PRICE 18 RIGHT.
You can get them only at '
Manufacturers Shoe Store
I05T PORT 8T.
Prescribed Verdict Set
Aside in Land
SECOND SUPREME COURT . .,' ,
DECISION IN SAME CASE
Law of Inheritance is Elucidated
Doctrine of Adverse Possession
Made Plain New Trial
A unanimous opinion of tho Supreme
Court was filed this morning In the
case of Henry SmllTi, trustee, s. Ha
makua Mill Co. It Is written by Chlct
Justice Frear, and sustains tho excep
tions of defendant, sets aside the ver
dict and orders a new trial.
The suit was ono of ejectment for an
undivided one-fourth of the nhupuaa
ot Koholalcle, Hamakua, containing
6330 acres. A decision In probate was
formerly reversed, after which tho case
was tried before a Jury. OnMaw points
most ot the defendant's evidence was
stricken out and a verdict directed
for the plaintiff. Several questions
raised by the exceptions the Supreme
Court avoids answering, but tho con- i
elusions above reported aro based on
the following summary of the law:
"Under Civil Laws. Section 2113,
which provides that kindred of the halt
blood shall Inherit equally with those
of the whole blood In the same de
gree, but shall be excluded when not
of the blood of the ancestor from whom
the Inheritance came to tho intestate
hy descent, devise or gift, cousins ot
an Intestate on his mother's stae in
herit In preference to his halt-brother
on bis father's side where the estate
came to him by descent from his half
sister on his mother! aid.
"Evidence of ouster or adverse pos
session must be much clearer as be
tween co-tenants than as between
strangers in title. The circumstances
must be such as to bring home to 'tho
ousted co-tenant the adverse cbarao
ter of tho possession or such as would
bring It home to him It he paid proper
attention to his rights. Notice or
knowledge of the adverse possession
may bo Implied or constructive as well
"But this rule as to adverse posses
sion as between co-tenants does not ap
ply where tho possession of the one
co-tenant Is not at Its Inception In
recognition ot or subserviency to the
other's title; as, where (he co-tenant
In possession claims sole ownership
and Is not aware of the existence of
claim ot title In the other co-tenant.
"One In possession claiming title but
having no title may purchase the out
standing title of ono of two co-tenanU
and continue to hold without thereby
acknowledging th'c similar title in the
other co-tenant or holding In subservi
ency to that title."
Lyle A. Dickey and Andrews, Peter
ft Andrado for plaintiff; Cecil Brown
and F. W. Hankey for defendant.
Panned Out Poorly,
Deputy Sheriff F. Wlttrock ot Hans.
Maui, has made a retnrn of execution
In the case of II. Hackfeld & Co., Ltd.,
vs. K. Ito. The amount of Judgment
was $3155.01. Defendant's property
wns levied on, advertised and sold,
bringing $329.15, out of which came
$C5.4S expenses. Tho net amount
uallzed Is thus $263.70. ,
The little steamer Kaena was out
for a trial spin yesterday. She was
found to work very well after her long
lay-up. Some minor changes and
ropalrs still remain to be mado, and
she will then bo ready for work on
tho Pearl river bar. i
$3.00 TO $4.50.
..rSlMh&&?i . L