Newspaper Page Text
wapts made knoVriquickly,-jextensiveIy and surely
Frotrt 8. V.
AramedW ivp s .tfcaYllf
to changes will cer
tainly lose you the
greater part of the
benefits of your adver
yjatiii. ta iiAjj L..irii. .
Moana Apr. 9
Mlowera Mar. IS
through EVENINQ BU
Von. IX. No. 2097.
HONOLULU, TERRITORY OP
Y MARCH 17 1002
Prick 5 Oenth.
11 lit; j ,
Judge Estee Enunciates
THOMAS FITCU ELUCIDATES
New York Appraisers Do Not Care to
Handle Chinese Shoes in Hono
. lulu Evidence
i "There's nothli)g Iikc leather." au
'old saving went. Thomas Fitch, bo
fore the 1'nlted states District Court
this morning, quoted Webster and
"' demonstrated from his own hat that
there are various kinds of leather.
It at tho old appeal against tin)
custom house appraisers on Chinese
Judge Estec, In tho same connection,
omnha'rlzed his fnvorlto doctrine that
public Justice Is highest law, with thel
corollary that common sense suouiu
largely govern the construction ot
1 Alstant District Attorney J. J..
Dunne was fighting for a 4B per cent
duty on the shoes. District Attorney
It. V. Dreckons. prior to whose ap
pointment tho case arose, took an oc
casional hand In the argument.
Judge Ejtce asked Mr. Dunne If a
tiall in the heel of a shoe would make
the article subject to tho duty on Iron
manufactures, nnd Mr. Dunne fenced
the query by emoting tho letter of the
statute, "woolly or in pan oi icamer,
as controlling the actual Issue.
Mr. Fitch argued that there were.
leather ot commerce which never
bad gone Into the tanning vat. Deer
, and goat shins were -otherwise, pre
pared. He described somo of the
process. Including that whereby the
lrninp oi his own hat -was prepared
Mr. Dunne naked if counsel would
cnll raw hide leather.
"No." replied Mr. Fitch, "but I claftu
this Is not raw hide," holding up the
Limna tn Inflnppttnn. He nuoted Web-
iliei's definition of leather as belriR the
l.l-ns of animals tanneu. taweti or otn
rwle dressed for use.
Mr Kltch, with tho consent of the
court, was about to call his witnesses
lor proving the material and rooda ot
manufacture or the shoes.
Mr. Dunne objected, under the for
mer order of tho court, to the taking
of any evidence. This was an appeal.
.Mr. Kltch contended that tho origi
nal tilal he proposed was In accord
mice with a stipulation between the
parties, entered Into by tho appellant
to accommodate tho District Attorney's
utflce and tho Government. His Hon
or bad made nn order remitting the
use to the Board of General Apprals
rrx In New York for the taking of fur-
tbei evidence. Ho had received a per
honal letter from one of tho apprais
ers a"klng him to have the additional
evidence required taken In Honolulu,
us It seemed Impracticable to have tin
order carried out In New York.
Mr. Dunne quoted the statute, con
tending that It could not be departed
, Judge Estee Bald If the court mode
' one mistake It would not make anoth
er. Both parties might-flow Intro-lure
any evidence thoy pleased.
, , Mr. Dunno noted exceptions.
:' Mr. Fitch repeatb'd his former Infor
mation about tho request from tho ap
praisers. If, however, tho Government
were going to except he did not know
but he should withdraw his request to
put on evidence.
y Mr. Dunne handed up the volume of
Judge Estee read tlisrefrom the pas
sage indicated, wnlch said nn officer
o. .ie court could take evidence. "If
an officer of tho court can do It," said
the Judge, "thon tho Court can do It,
and the Court will do It as a matter
, of common Justice."
Mr. Djnno renlnrked that the power
of the court of appeal was to review
,such evidence as an officer of tho court
' might present.
i ' " '
There's ;Two Ways oH
Taking Portraits .
praying that they will be done
right, and seeing that they are
We prefer the latter method.
That Is tho reason our work has
the distinction It does. It rises
above tho ordinary. Come and
r our samples.
Rice & Perkins,
Oregon Dloek, cor, Hotel and
Union Stt. Entrance on Union.
"Well." retorted Judge Estee. "If
you gentlemen are not ready to have
the case tried, tho Court will set the
case peremptorily for trial and make
It very soon."
Mwsrs. Fitch and Dunne-started a
conversational wrangle gnaln, which
the Court- Interrupted thus:
"Well, now, gentlemen, I will tell
you. We will dojiomethlng with this
right now." Heading the law again,
he asked Mr, Kltch':
"You think, then, that this will In
terfere with tho possible result. If we
go on and take testimony now?"
"No, I do not," answered Mr. Kltch J
"I sent the matter on to Now York
nnd the Doard of Appraisers them
selves thought the caso could not be
properly tried there." He again men
tioned tho letter to himself and asked
the District Attorney If ho desired to
send the matter back to New York.
Judge Estee reaffirmed his ruling,
saying It was Impossible to havo the
testimony back from New York In
time, and as a matter of public Jttstlco
he should hear tho evidence. Ho re
peated his proposition that what an
ortlcer of the court could do was not
beyond tho powers of the court Itself.
Mr. Dunno again referred to the let
ter of the law.
"Oh, Mr. Dunne," exclaimed the
Judge, "wo am In n different position
here from the Mainland. We nro re
mote from the Mainland, nnd especial
ly remote fioni New York."
Mr. Dunno again noted exceptions,
when Mr. Kltch called his first witness.
Later the government sprung a Judi
cial decision on the court, which Judge
Estee gave Mr. Kltch time to answor.
The case was continued for this pur
pose until Wednesday.
GREEN MONSTER STIRS
UP THE WATERFRONT
Seafaring Men Forgot it Wa3 Saint
Patrick's Day and. Rush,
to View the Scaly
"Have you. seen tho sea serpent?"
t.i ...H. i .....i i.... ii i ......
emu u vtuu-veu uui wen jiuuvtu nivuiii
fchlp captain, rushing Into a hunch ot
waterfrontcrs on the esplanade early
this morning. "If you haven't, you'd
better hurry up down to the flshmurkcl
before he escapes. ,
The crowd of sallormen nnd steve
dores and other made (or the lishmar-
ket without further urging
The report soon spread over the
beach and those who wcro unable to
leave their work to see the monster,
received descriptions of the queer
beast from the lips of those who had
interviewed the creature of the deep.
According to their descriptions the
sea serpent measured thirty-nine feet
in length, eighteen Inches In diameter
at the thickest place and had u head
i-omethlug like n composite of shark
nnd bull dog, having the shark's mouth
and the bull dog's Intelligent but
strenuous brovv. The body was ot
most vivid emerald and was covered
with scales. The serpent had, accord
ing to repprts, been hlghted off Wul
klkl early lu the morning, getting en
tangled among the piles of tho sewer
outfall pier n little later, from which
uncomfortable predicament three na
tives lu a canoe extricated him, dis
patching him with a hatchet and tow
ing him to port.
Those gentle hunters after truth who
went to the flshraarket to sco the rapa
cious brute of the deep, were shown
an eel about four feet in length,, cov
ered with green Ilm11.an4.wlth 1U head
fast In a dog's skull. There was a lit
tle resemblance to what had been de
scribed as a sea serpent, although tho
points of difference were numerous,
"What In the nnme of Huron Mun
chausen did you bring us here for? '
yelled an Irate skipper, addressing the
steamship man who had started the
"Shure, an' your 're not torglttln' this
do be Saint I'athrlck's day, are ye?"
replied the stcamboater.
Then they clinched.
The following grand Jurors havo
Jjeen drawn for, the April term of the
United JStuHeir-Dlstrlcl Court:
Wllllara Lucas, C. A. draham, Hono
lulu; Chas. Andrews, llllo; A. F.
Cooke, A. Hocking-, Honolulu; 0.
Uorchgrevlnk, Walmca, Kauai; Edwin
Uenner, Honolulu; Henry II. nenton,
Krank J. Woods, Kohala; F. F. Porter,
Demetrius Gambrlnus Camnrlnos, Ho
nolulu; C. C. Kennedy. Hlto; It. It.
Berg, Qulntln H. Berrey, Honolulu;
William Edmund, Hllo; Harry Arml
tage, William Allen, Honolulu; Frank
W. Boswell. David Kapakec, Hllo; W.
A. Dalley. Walluku, Maul; Chat.fl W.
rtooth, Frank H. Armstrong, A. St. C.
NO DUEL FOUGHT.
Paymaster Hall did not have satisfied
yesterday Ids Insatiable craving for
Editor Scott's blood, It has not been
ascertained If Hall enjoyed a cllmb-up
to the Diamond Head crater In the gen
tle liquid sunshine drizzle and got his
volcanic Ire pooled down like the fires
at the place where the duel should havo
taken place. Scott spent an enjoyable
afternoon In Waialua as he prefers this
locality for a holiday to the Diamond
Head crater .
The Circumstances Are
Unfavorable for His
IT MIGHT CRIPPLE
Land Comuissioner Boyd's Absence
.Taken into Account-Mr Dole's
Incidentals Also Running
Attorney General E. P. Dole will not
accompany Governor S. U. Dole to
Washington, nor will he go there nt nil
This, notwithstanding that It waa
settled months ago that the Attorney
General should argue the Manklchl
transition period case before the Su
preme Court of the United Stntes at
Its April term, .
After being Informed at noon that
the Governor would await the steamer
Sierra next week Instead of leaving In
the Alameri.i this week a Ilulletln re
porter asked the Attorney General If
he should time his departure with that
of the Governor.
"I think not," wns the reply. "Tho
Governor has applied to leave for
Washington. Mr. E. S, Iloyd, Commis
sioner of Public I Jtiuls, Is now there,
Work Is ptcsslng In my department.
"We have therefore concluded that
the absence at once of the Governor
and two heads of' departments might
Bcrlqusly handicap the government
business at home."
Mr. Dole was nsked If he would dele
gate anyone to plead the Mankithl case
before tbo,KeJcral, Supreme Com. )
"No," he answered; tl do not, "know
whether or not the Federal Attorney
Gcnerul will Jake part In the argu
ment; but his' ilepattmentMs doing all
It can have our case fairly presented.
"1 shall submit my views In a print
ed argument. I have already forward
ed a brief. Perhaps an argument read
by the court would be equally effective
with an oral argument. The advantage
of a personal appearance Is chiefly In
thus being abla to answer questions
that might be propounded.
"There Is another consideration,
perhaps of a minor kind. My depart
ment Incidentals are not very plethoric
at present, so that It Is an object to
save a few hundred dollars for the gov
ernment. If I went I should be rea
sonably entitled to my traveling expen
ses "It would be my duty to go to Wash
ington, however. If tho circumstances
ATE PIKE OF CANDY
About two months ago, a young man
who was employed in a clothing store
of the city, left Honolulu and took pas
sage on a steamer for-the Coast. Be
hind him he left a girl who waB very
much Infatuated with him. Previous to
his departure, he went to the housa on
Ltllha street und left with the girl u
single, colored candy, telling her that
when he had departed, she should eat
the candy. That would make him love
her the more und cause jits return to
Tho girl did not touch the candy un
til Wednesday last. On Thursday, she
appeared to act qucerly but her mother
thinking that perhaps she was 111, said
nothing. On Friday, her condition wns
worse and the mother becume very
much woirled. She rtent to the girl
and finally got tho whole'story.
On Saturday, tho girl showed a re
ligious trend of mind and kept reading
the lliblc the whole time. In tho af
ternoon, she was completely out of her
head and began chasing various peo
ple on Uie streets. One otHhese was
Kapua,,a native member, of the band.
It was' seen that (he girl could not
ho allowed to roam" about BoTJr. Hum
l'hrls was notified and he had her tak
en to the Insane asylum. Yesterday
the girl was worse than ever. It has
not yet been ascertained what was In
JUDGU IIUMPIIRBY8 ILL.
Judge Humphreys Is confined to. his
bed. where he signed the order of sale
of the Kona Sugar Co.'s property this
S. S, ALAMEDA, MARCH 19,
Next express steamer to
the Coast. Express closes
10 a. m. day of sailing.
Wells. Fargo & Go.
TEL. MAIN 1W.
Masonic Temple, with American
From the present Indications, there
will bo a very largo attendance at the
McKlnley Memorial Fund concert In
the Opera House. Tho tickets hnve
been going very well. All arrange
nfciits nro, complete and Madame (1c
nevrn Johnstonc-Illshop Is In excellent
voice. An nrtlstlc success Is promis
ed, It should bo remembered that the
Philharmonic Club will sing the "In
llnnunatUkV with Madame Ulshop as
soloist. Taken all In all. the concert
will undoubtedly he one of tho very
best ever given In Honolulu.
MAOG MANY IttlSIIMUNI
The regular opening of the new Cri
terion saloon took place today and In
more ways than one was a most auspi
cious occasion. Col. 0. J. McCarthy
welcomed nil his old friends and pat
rons and, it being St. Patrick's Day.
most of those visiting the place were
naturalized by the genial proprietor.
From the flag pole over tho building,
the green flag floated proudly and em
blems of thp Eniernhl Isle were dis
played In the bar room. Each man as
he was made an Irishman wns pre
sented with a leaf of tho shamrock in
testimony of his hnvlng taken out pa
pers. Among those Initiated Into the
mysteries of naturalization were Cam
arlnos and a young man from the wa
terfront. The latter. It Is stated,
switched at the last minute for the
purpose of catching the Irish Mite at
the next election, when he will enter
the race for Jhe Mayoralty.
CONVICTION IS OBTAINED
UNDER SUBSTITUTED COPY
Rapid transit Injunction Bond
Judge Robinson Hears Probate
William McCarthy, who was sentenc
ed to six. months' Imprisonment at hard
labor for aesault Ip the second degree,
was WrtvlrtciT elf- an -Indictment tho
original of which hnd mysteriously dis
appeared. When the trial was begin
ning with a new Jury on Friday after
noon, the document was nowhere to
ho found. Diligent search that after
noon and the next morning failed to
reveal Its whereabout a. A copy of tho
Indictment waB produced and endors
ed as such. There Is n suspicion that
tho defendant, from his seat by coun
sel's table, mannged at somo opportu
nity to abstract tho indictment.
Stipulations have been filed In Nie
(ases of George I.ycurgtlH vs. Charles
Phillips, administrator of the late
Henry Congdon s estate, giving de
fendant ten days to plead; I.. I.. Mc
Cniidtess vs. Honolulu Plantation Co.,
L. 1.. McCandless vs. Honolulu Plan
tation Co. and Wnodlawn Fruit Co
nnd Lewers & Cooke vs. Honolulu
Stockjards Co., giving the respective,
defendants twenty days to plead.
Under the two remaining Indict
ments against Charles Malala. who
wns acquitted under two others, Judge
Rohlnson granted reduction of ball In
each ense from (1000 to $J0().
Sun Kwong Man Company's bond In
IJOuU on the temporary Injunction
grn.ited It against Walklkl l-and nnd
i.onn Association and Honolulu ltnpld
Transit Co.. has Abraham Fernandez
nnd Alexander flarvle as sureties.
Judge Itohlnson has approved ac
counts In the following probnto mat
ters: Estate ot Achi K. Akau, of
which W. O. Smith Is trustee under
the will and also for Achl K. Akau,
Junior; estate of J. II. Wood, of which
W. O, Smith and Albert K. Judd aro
trustees; estate of Hill Dray, minor,
of wnom W. u. Smith Is guardian.
Kukeknkaulanl et nl. vs. J. A. Ma
goon et al.. bill to declare a deed to
be a mortgage nnd to cancel a mort
gage, was set by Judxo Itoblnson for
hearing nt 10 o'clock Thursday.
Demurrer in the llartelmann will
caB will bo argued before Judge Itob
lnson this alternoon.
The McKlnley Memorial polo game
played on Saturday seems to have been
a success financially as well us other
wise. Nearly $UU was taken In at the
gate and. besides this, a thousand tick
ets for the game were distributed .to
fifty ladles to dispose of. 'The major
ity have not been heard from yet. It Is.
roughly estimated that about (300 to
(100 was realized.
rin nmwuint nf ttio creat surress ot
tho first presentation of "The Lady of
the Twilight" the Hawaii 1'onot Dra
matic Club will ropcat their perform
ance on Saturday next at a matlneo In
the afternoon nnd an evening perform
ance. Many of those who were unable,
to obtain admUslon at the first pre
sentation will thus bo enabled to seo
tho play. Tickets ou sale nt Wall,
Nlchol and by members.
Cnlburn Such Dcsby
J. F. Colburn has brought suit
against C. S. Desky for the recovery
of (2000 with Interest which It is al
leged Is due on a promissory note,
bearing date of February I. 1901, and
made payablo on demand.
He My train goes In fifteen minutes.
Can you glvo me one ray of hope be
foro I leave you forever?
She Er that clock Is half an hour
fast. llrooklyn Life.
Temporary Officers Were
Chosen at Meeting This
SET FOR THIS AFTERNOON
Men From Hawaii, Maul, Lanai and
This Island Are In City ,
Objects of the
Fiom vnrlous parts ot the Islands on
Saturday and Sunday's steamers camo
men who supply the beef market of;
uie city with the delicate and other
l.'ln,la nt .nnoanta llint .Intl.. fin. I .I...a '
O...MO u. ..ltoto UIOI UMIIJ till. I inuuu
on the tnbles of the rich and poor
alike. They were tho graziers from
the big ranches of Hawaii, Maul, this
Island and Lannl. They met this morn
ing In tho assembly room above Castle
& Cooke's offices for the purpose, of
organizing, hut It was decided at tho
time that It would he best to postpone.
any action until this afternoon at
The purpose of the meeting ot tho
ranchmen Is to organize a society here
In the Ulands for the advancement af
i.iclr Interests, such as the betterment
of the ranges, the Improvement of the
grass and feed upon which the stock
live, the opening of stock books for
the registry of thoroughbred stock,
the Influence of legislation along the tired of traveling; besides. I never
lines of improvement of everything ' traveled before I started on this trip."
pertaining to the raising of stock for I "Old Jim" went on to explain the na
me market, nnd other kindred mat- turo of the Journey he Is completing,
ters lie comes from Jersey City, where
This movement has been In rontem- he has lived most of his life. He Is
platlon for a long time nnd was first a carpenter and a blacksmith and.
foreshadowed In the Ilulletln several even nt his advanced age. Is a ruoBt
months ago, The ranchmen have felt handy man aboard ahlp.
that. In order to better protect the When the Spanish-American war
business In the Islands, there must be ' broke out one of Pnrcell's sous went
concerted action or somo kind and that
io gain this point theru must bo
an organization. The promoters wrote
to the various ranchmen nnd nt once
received answers favorable beyond
their most sanguine hopes.
At the meeting this forenoon. I). P.
It. Isenbcrg was chosen temporary
chairman and F. M. Swanzy, tempor
ary secretary. Thoso present were:
W. II. Cornwull, representing his own
Intel ests on Maul, D. P. It. Isenbcrg,
representing his own Interests at
Wnlalae, this Island; I". M. Swanzy, i liquor house In Manila and also mar
representing Interests on Hawaii; Ju- tried, choosing a pretty Filipino for his
llan MnnBarrat, representing Kapapala bride.
ranch, of the Hawaiian Commercial
Co.; L. 1 McCnndtess, representing
bis own Interests on thin Island; It
..orner. representing Interests on Ha
wail; It. It. Hind and E. P. Low of the
Pumraawaa ranch on Hawaii; C. A.
Brown of tho II Estate; Palmer P.
nnd Krank Woods of Puiihue; Alex,
Dowsett of Lanal and two or three
others Interested In ranch matters.
lim society win ho patterned very
much after the national association on
the Mainland and may In time become
a branch of the same.
GUU8T6 PROM PITCIIBURG.
Miss Lucy Fay and Miss M. I..
Woodruff of Fltchburg, Mass., were In
attendance on the polo game Saturday
the guests of Charles Merrlam, Mr. and
Mrs. W. L. Emory and Miss Duncan.
Yesterday the party took a drive to tho
Pall, Miss Fay Is a wealthy loclety
leader of Fltchburg, Mass, who has
traveled extensively through Europe
nnd the Stntes accompanied by Miss
Woodruff. They are highly pleased
with Hawaii and will .remain nbout
three weeks, visiting Waialua, the Vol
cano and other points of Interest
through the Islands. On their let urn
home they will visit the Yoscmlte.
The weekly edition of the Evening
Ilulletln gives a conipleto summary of
the news of tho day.
A NEW HYGIENIC SHOE
Havo you seen It? A neat Oxford
tie made of tho softest kid, with elk
bide sole and rubber heels; Just tho
thing for houso wear or for thoso who
are on their feet a good deal, It Is
also, properly, a shoo for nurses. , . .
$2,50 BUYS A PAIR
It you wish a neat-looking shoo and
ono that gives solid comfort, try a
Manufacturers Shoe Store
IOBT PORT ST.
It Is rumor?d that F. W. Ilenrdslee
I will be nom'unted by the Home Utile
party as a candidate for the vacancy In
the Fourth District, this to be done at
tonight's meeting. Mr. Deardslee when
questioned about the matter today did
not ainrm or deny the rumor. He said:
"There has been considerable talk
I nbout this. I know, but I must decline
to say anything upon the matter before
ROMANCE OF A HAND
ABOARD THE EGBERT
Journeyed to See 'llis Cuban Grand
son and His Filipino Grand
daughter and How Goes
.Many queer Journeys have been
made around the world in recent years
by adventurous young men on wagers.
A somewhat unique Journey will he
completed when tho transport Egbert
reaches San Francisco from tms port.
Among the deck-hands of tho Eg
bert Is James Purcell. better known
aboard the vessel as "Old Jim." Pur-
' cell camo ashore In Honolulu during
the brief visit of the fcghert.
"Honolulu Is a glorious place," he
said to a Ilulletln reporter yesterday
afternoon Just before the transport
sailed, "but I've finished my Journey
and I'm going home; otherwise, I
might bo tempted to stop over here
You see. I'm getting pretty old,
pretty clone on sixty-live, and I'm
, to Cuba with the volunteers, whllo
another'Jolned the regular army and
went to the Philippines when soldiers
were first sent to those Islands by way
of San Francisco. After the war was
over, these sons, becoming attached
tn tne lands where they had fought,
made up their minds to remain where
George Purcell secured a position
in Havana with a contractor and later
married a fair daughter of Cuba, rtob-
: ert Purcell secured a position with a
The old man, n widower for many
, years, sat tn his shop In Jersey City,
receiving letters from his faraway
sons and reading with Interest their
descriptions of Cuba and the Philip
pines until hln anxiety to see his grand
children before ho died got the better
of his patience and he closed up shop
; and went to Cuba to visit Mr. and
Mrs. George, Purcell and young Mus
cr James Purcell, his grandson.
Several happy weeks were spent In
Cuba, after which "Old Jim" said
good-bye and, returning to New York,
went overland to San Francisco,
thence to Hongkong In the steerage of
tho China, thence to Manila, where
he remained Ave or six weeks with
Mr. and Sirs. Robert Purcell and
young Miss Mubel Purcell, his grand
daughter. Fearing that he had already spent
too much money In traveling, "Old
Jim" made up his mind to work his
way hack to San Francisco and was
fortunate enough to flx-d an opportunl
tyf nl'ioard the Egbert, where he
works mound tho deck and lends a
hand to tho ship's carpenter and
He exhibited photographs of his Cit
ban grandso nand his Filipino grand
daughter, two as pretty and chubby
children as one would want to gaze
"I'vo seen the kids," said "Old
Jim," "and hnve ha a bit of travel
Ing In my old nge. Now I'm going
homo to live with my married daugh
ter. So long."