Newspaper Page Text
r" . l hit
n m n im m n ri ,M i M x fei i
Frcm San Francisco!
America Mnru Apr. 7
Alnmcda Apr. l.'l
Siberia Apr. II
Far San Francisco:
Alameda Apr. 18
China Apr. H
Mo.inn May fi
Mnhcno Mnr 1
na Ma Pa Pa rut pa to Pa ?e fa Pa Bo pa
Von. XYIJI No 3358
Canada. Enters Boat In Hawaii's
111 is iFpriprai "li
WA1B IT PAD rn ? J II . DECISION
I wt iiB m ilM III r II
Spring Doctored To Prove
FIGHT FRANK COOKE
WITH NOVEL WEAPON
PRINCESS VICTORIA'S FISHING
TRIPS ARE RECALLED TO FUR.
NISH ADDITIONAL EV
IDENCE. A most minimal but exceedingly prne
tic nl way r eccurlnj? testimony used
py Iho Altnniey Ucneral's Department
wan brought imt today throimli the
testimony of witnesses In tho l'nlolo
water lights uhl, which In now being
liemd liy Commissioner of Water
HlgMs Mrs. Nakitlnn.
Tho raso In question grew up from
SIH 1 IIOV (IS 1141DVIWU ,1 V t 1ll 1IWIII
Iho Krhemo of I'realdent A. V. Coolto
of tho l'nlolo Land & Impiotcment
Co. to plpi Iho water from the mntikti
pot Hon of r.ilulo valley, known as tho
lands of Knea, down to tho slopes of
tho hill nbove the Zoo, Thu Hawai
ian. Ihlng in tho valley claimed to
Iinv some ancient rights In tho wnler,
which would preent CooKn from pip
ing It nway from nbove their places,
nnd tho Attorney (leiieral's Depart
men' took up their easo.
Tho cntlro caso hinges nn tho ques
tion as to whether certain springs
from which tho Ilnwnllans have been
taking their water for many jenrs past
ore deriving their supply from lhil)wi
tor of tho land of Kai-a or whether
they mo Independent springs.) Tho
wnter on Ihu Knea laud dlsapprart In
to the gioiiml nt a certain point, and
It Is up to tho Attorney (lenernl'H De
partment to pioe, thiottgh Deputy At
torney fienernl MlUcrton, who lins
ihnrgo of tho matter, that this water
rocc through a -cell dedned subterra
nean rhnnnel to tlio springs, about a
quarter of a mllo mnknl of tho spot
where It disappears Into tho grnuiil.
There Is it largo creek bed leading
rinni ono point to the other, which un
doubtedly cnrrled tho water In former
dnH, but now It Is dry with tho exeep-
II r Iho springs which appear In lis
If tho Attorney dcnornl's Depart-
(Continued on Page 4.)
Larrjest Stock In the
from which to make selections.
J. Hopp & Co. i
S; "Old Rellablo Furniture House." K
J,'. Y O U N Q D U I L D I N O . tf
To spend money on clothes
of unproven merit Is to squan
CONSISTS IN GETTING THE OEST CLOTHE8 AT RIGHT PRICES,
SUCH GARMENTS AS
CORRECT CLOTHES FOR MEN
MADE IN NEW YORK
lU i i '
THE BULLETIN'S NEW PRESS SENDS THIS PAPER INTO THE 'RIGHT HOMES AT THE RIGHT TIME
S 3:30 O'CLOCK it will
Judgo Dole I lila afternoon secured
the roiiowmg Federal urniid jury rur
tliu April term:
lMnnrd K. I.IIIKiilnul. Mellaril Ivors,
TIuh. H. Douglass. C M. Hardee, nil of
Honolulu; W. K. Andrews of llunumu,
i:. 1). Ilahlwln, of llllo; Wm. I'. Olher
noil, of Lniipahtichoc; It. J. I.jinan, of
llllo; Henry I.. Kawehlwchl, or Koiiu
hou; John Dow, of l.aliulnn, C. T. Hod
Kcib, V. H. Kllby, W. O. Atwnter. W. M.
Uruhnm, C. J. Campbell, Chan. Don,
tlejrge Angus, .M. Phillips, W. T.
hchmlilL J. .M. Oat nud J. S. Spl.'zcr.
In liU chnrgc to the Jury tho Court
dwelt pilnclpully on thu necessity of
secrecy, using I no following language
on thu subject:
our duty In a very responsible one.
not only In (he direction of the protcc
," - " -- "- ....--... . ..... a -
tlon of the community npilnbt crime,
and for the LOnnclcntliniH lntstlgntion
of clinigcH In order that those perponR
In relation to whom thuiu Is suttlcleut
prima facie ovldemo to support n
ihurKt of irlma may ba indlctid (oi tlu
trial thereof, hut alxo that such persons
UK'iliut ulioj.) tho IntoriiMllon wlilili
j on may ho able to reach Is lnstifllclcnt,
muy bo dlscharKeil free of suspicion or
loss of reputation; In the lutter case the
rule of stcreey becomes an Important
element. 'Ihu secrecy of tho delibera
tions of a (lrn:hlJury Is also a neces
sary fe.ituie of Its work. In that It pro
motes the freedom and Independence
of tho indlvldiialjinembcrMthnruaf In
reaihliiR thel)1 cajiila'ntnsS Ui" wlilch
Individual cumlnsloprtithliUbHc; W not
Juleieslt'd, tjclns oiitilloncvrnlil'lA.the
uriM oi inu July us u nuny, - i nuie u
.. ..... i.t. .'."-...,... .-. r .
also a further reason for tho rule of
sectccy Inasmuch as the public- knowN
cd;o of the uork of tho Orand Jnry
from day to day might warn persons
whoso ciises are under consideration
u nil thus tend to defeat the purposes ol
t lio (5 rami Jury by giving them n
rlmnco to cwule prosecution or to Inter
fcro with the pioductlon of eldenco
against them. Ihu same lensons, cs
iiiclnlly tho latter, nlilcli rcqulro thu
I mo of secrecy in regum to urami Jur
ors apply also to witnesses who testify
before thu (Ir.ind Jury, and such Il
lnesses should ho sworn to seeiuy.
Itlcharil Ui'is was iipiHilnled fore
m.in As soon us tho Jiuy lnnl been
ehargeil It stalled to woik. A lingo
number of witnesses, principally Ha
waiian nud Chinese, were In uUruil
unie1 uniting to be called liefoio thu lli
Hcpresentatlvc llolstcln lias written
from Hawaii to High Shcrllf Henry
asking for Information regarding thu
iiiltlvntlon of tho soy beau, which
Henry Intends to go Into. Holsteln
links If this Is really u c bunco for the
small farmer to do nil) thing beyond
getting Into debt.
Evening Dulletln 75 per month.
Rellablo clothes quality Is no)
made by glowing advertise
HONOLULU. TKKltlTOll? OP HAWAII. MONDAY. AlMtIL I), 10H
Supreme Court Reverses
CATfON BROTHERS LOSE
CHANCE OF REHEARING
BOND WAS NOT FILED WITHIN
TEN DAYS AFTER VERDICT.
THE MAILED DECI
SION. TI.e Supremo Court. Chief Justice
rrear writing tho opinion. rcn.Ieiecl
docltlon this morning In the matter of
tho Territory by. tho Public Works Su
perintendent, against Cotton Ilrothers,
damages for n goernmenl dredger
wrecked, declaring that former Cir
cuit Judgo 0. I), dear's cabled decision
from San l-'rnnclsco cannot stnml ns n
decision granting tho defendants' mo
tion for n now trial. Tho trial court
wns without power to grant tho motion
for a nuA- trial since tho bond wns not
Oled within ten days after tho verdict.
Says the decision:
Urlolly, the defendants, nfter n ver
dict against them, mncd for n new
trial but failed to fllo the rcqulslto
bond within ten days nfter verdict as
required by statute. The trial Judge, j
Clear, holding (hat tho ten days ran i
from Judgment and not from verdict.
allowed Judgment to bo entered and
tho bond tiled after tho expiration of
the tcu days from vordlet but within
ten clays from Judgment nnd heard thu
motion. I He did not decide It, however,
until thtj' second term of court there
after when, shortly before tho expira
tion of Ills term of office, ho cnhlcd td
tliq tlcrk from San Krnnclsco '"Order
motion far new trial granted, tlrniinds
mailed," and shortly after tho expira
tion of his term of office tint clerk re
ceived by mall from San rrnnclsco tho
written opinion of tho Judgo, conclud
ing "a now trial should bo granted," At
tho next term, that Is, the third term
nfter tho verdict was rendered and the
motion for n new trial made, the de
fendants moved Judgo Oear'B succes
sor. Judge Lindsay. Hint "a formal or
der ho entered granting thu defendants
n now trial." which wns done In vara
lion nfter Iho expiration of that term.
Tho plnlutlff then brought this writ of
error to relcw that order.
Tho defendants moved to qunsh tho
writ on tho ground that an order grunt
ing n now trial was Interlocutory nnd
therefore not tho dlieet subject of a
writ of error, wo held, however. In
the decision above referred to, that,
although ordinarily nu order granting
a now trial was not revlcw-nblo on er
lor Immediately, that Is, before final
Judgment utter tho new trial was had,
uhethor reviewable! Immediately nn
except Ions or not, tho rulo wns differ
ent when tho trial court wns without
powci to make the order when It wns
mm!u, nnd that tho trlnl court was
wlthciit power to grant the motion
for n new trial for tho reason that tho
bond was not tiled within ten days aft
er u'ldlct nnd that nlthnugh thu inlluio
to fllo tho bond within tho prescribed
tlmo could bo waived by tho plalnllrt
it wns not waived,
Tho defendants now In their argu
ment upon tho media of tho writ, while)
coin cdlng that the decision on tho
motion to quash wan correct on tho
arguments then presented niul that on
Its surface it dually disposed of the
(Continued on 1'agn 2.)
When you keep your valuables
In your own home, they be-
come fair plunder for thieves.
When you place them In a box
in our safety-deposit vault
their Integrity la absolutely as
sured. The rent of such a box
Is only $5 a year up and tho
renter has his own key and a
private office Is placed at his
disposal when he wants to ex.
amine the contents of his box.
pay merchants and
Judgo Dole this forenoon opened Iho
April term of tho t'nlted .Stales Dis
trict Court nnd began Impauollltig his
Grand Jury, but owing to tho largo
number of excuses which had been
grnnted only ten flrnnd Jurors wero
scented. As tho minimum number re
quired by law is sixteen the court hail
to lfsitc a special open venire for
twelve additional Jurors.
The Jurors who wero secured wero
as follow h: IMward K- I.llikalant,
Itlchnrd Ivors, Thos. S. Douglass, 0.
M. Hardee, nil of Honolulu. V. K. An.
drows of Ilonomu; I'. I), llalilwln, ot
llllo; Wm. V. (llbersnn, of Lnupahno
hoe tl J. I.yman, of llllo, Henry I..
Knuelilwchl, of Kcauhoii; and John
Dow, of Lahalna.
Thu following hnil been excusnt or
nut Mrei-il- V. W. Ml Phnmiiv. C W.
Urldges, 0. W. McDougall, D. Hoopll,
K. A Williams, C. A. Hopkins, John
Wntcrhouso, W. 8. llnrilett. W. N.
Hush, (ie-o. M.'Ilnupp, .1. 1 Cooke, II.
W. (Irlswold and Arthur Ihuhholtz.
Marshal Hendry served the follow
lug Jurors on Ills open cnlre during
the forenoon, C. T. Hodgers. V. II,
KJIhy. W. O. Alwatcr, W. XI. Ornliam,
C. J. Campbell, Chart. Hon, (Icorgo
Angus, M. l'hllllpj. A, Ciockett. W.
T, Schmidt, J. M. Oat ninl'J. H. Spits
or. This oulro la returnable nt 2
o'clock (Ids afternoon ben, If a Jury
Is secured, Judge) Dolo will deliver Mr
Tho flrnnd Jury will iinl'hnw u ory
largo amount ot work boforo It this
term. Tho ptlutlpnl matters to In)
brought before It will bo bigamy
rimcrt mid the Knwnlhaiv postdfllct)
funds embezzlement mutter.
Dr C II. Conpir liought the building
timl lot of Dr Wile's tarorna factor) on
l.lllhn street, nt Morgans nuitlon
roouis, today, for Jlir.il. The dot lor
stalls that lie has not decided what iim
hn will make if the pin chase.
Tho maililiiery of the faitory wns
sold sepniiiltly, being piilchased by I".
i:. ltlih.irili.on, Iho Cntliollc Mission,
thu Cnllfotiiln Teed Co., T. Hobron nnd
tho vou Hnmm-Youiig Co.
"Do JOI1 think that tho railways Will
yield nnyllilng?""Ves." nnswered Sen -
nlor Sorghum. "I nni confident, that
whntover happens they will (oullniin
to leld n prollt." Washington Stnr.
Henry Waterhouse Trust Co. Ltd..
Stock and Bond Brokers,
Offices: Cor. Fort and Merchant St.
Telephone Exchange No. 4.
DR. COOPER BUYS
! SOMETHING NEW
We have Just received per Sierra a small assortment of PAT
TERN HATS, no two alike. They are the highest perfection of the
Millinery Art and must be seen to be appreciated.
Tjjp- THEY CAN BE BOUGHT AT SALE PRICESI -TjaC
JJ8T" DON'T MISS THE OPPORTUNITY TO SECURE
Fine MILLINERY For Easter
readers to think EDITION
Hypothetical Question Is
Being Prepared For
dr. Mcdonald think
WOULD NOT WEIGH CONSEQUEN
CES DUT MIGHT BE ABLE TO
FORM CRIMINAL IN
TENT. Tho defense In the Johnson murder
case this forenoon closed Its caso ns fur
ns eldetuo icgnrdlng tho facts them
M'Ues wero coiiceined, nud there now
only remains tho testimony of the med
ical experts on tho li)puihclliul ques
tion. (leorgo Kentwctl was the llrst wit
nens examined today. Ho said tli.it he
Unit been In tho liiiblt ot talking with
Johnson In Hie Kentwcl! stubles. Jolm-
expretred hlimolf In 11
funny wny. Kentwill could not
understand wfint lie was talking about
but could only catch n word uery in
nnd I lien.
I)r McDonald was tho next witness,
He had known Johnson about two to
thrcejeiis ugo unit hud seen bun updating the charge that a great quantity
until n fiw months ago. Johnson was
then u scnanl of tho Kcntwells, niul
McDonald bad seen him Micro, ami iilso
M bis tiJlHii, when)' Iho defendant wall
vcvnslonully sunt on orrimcii. jonnWin
used to C')nu nnd tin the doctor'H horse,
when ho uune tu the. Kentwell pined
'I be doctor had converted with him of
ten, both ut the Kcntwell's and lit his
.illicit, but hit had ncner treated hi m fur
any nerlius Illness.
What do you think rif 'Johnson n
understanding" naked Hurrlson.
"t nlwtoa regarded him ns mentally
defeethe." answered Dr. McDonald.
"Hn!wii8 rather stupid, rather simple-minded,
what Is known ns half
witted. I always regarded him an
' Did jnii eer examine, him In this
"1 neer examined him, I formej
that opinion Just from observing him
"How would ym ill linn his ilclcc -tlon?"
"I should pi no 111 in on the border
line between Imbecility nnd feeble,
iiilndidiiess 1 should nut consider him
mi idiot. 'Ihu time general divisions
nu- liulieilllt). feeblu-iulndeiliiess and
"Would Ibis feeblemindedness prr
iilspose him lownrds Insiiuity?"
"To the best of my Kuowledgo defec
ItniiH of thhi kltiil do lireiliHiiohU lli-
wnnl llix.mllv. I hnllevn Hint Is whllt
'nllenlsts and tho highest authorlllca
' say. I do not claim to bo n specialist
'on these diseases."
On cross-examination Dr. McDonald
stated that ho hud nover made it special
study of mental cllncascs except as part
of the general ciirilculum at tho med
Ho stated further that Johnson used
to try to engage him In conversation
(Continued on 1'agr 2.)
V.V.v. .A...v . vjU
Hot Ashes m
r 19 M III w Bii Tl N H w D it
NAPLES, Italy, April 0. The conditions resulting from the outbreak of
Mount Vesuvius are steadily growing mor- serious. This city is threatened.
The ashes are four feet deep at OttoJona, where houses and churches
have been destroyed and five persons killed.
Caserta, with a population of 35.000 people. Is endangered. Nota, with
15,000 Inhabitants, Is being burled and veesils have been forced to return
to port owing to the difficulty of navigation,
A fresh crater has broken out near Boscotrescas.
The King and Queen have arrived.
lulu UluUSE mlm
SAN FRANCISCO, Cat., April 9.
try by the men on the battleship Oregon recently arrived from the Orient
TOKIO, Japan, April 9. The Japanese cruiser Ikomn w.i launched to-
WASHINGTON, D. C
the latest revolution
At n meeting of stihsrrllH i for slm k
III tint proposed O.iliu Cnuuir) Club
Limited, the following lesoliilmu was
Whereas, Tho Honolulu It-ipld Trail
kit and I.nnd Company has iiiiiiouueeil
Us InKntluii to charge thu sihecliilu of
Its l.lllhn siren cur line so ns tu glvol
a llfteen-ir.lniito servieu lustend of n
ten inlmite servlic, as nt piesent pui
Wheroao, said Mlllm slrci-t car line
lonstltutes thu linnet and most con
venient mode of ueiess to the grnuniM
of tho proposed O.ihu Country Club,
and tho means v hereby tho majority
of tho members of said Club will, In Hie
future, reach thu Club grounds
Do It He-solved, That we.
members and incorporators, of the D.ihu
Country Club. Limited, do most eiiin-
tstly depreentn the piutjosed change ol
tchcdulo ns piejiidlilnl to the sileiestfiil
urgaulzntlon and mnlnteimure or in
M ' flu
Club, and do urgenlly request the s.il'l
noltilu It.ipld Transit uml I.un.l
ompiin to mako no change In tin b
RAPID IRAIH (H BISHOP'S lill!
QT-rrvpQ pnp raqtrp I
Price $3 50
ONE VOTE FOR J
yteli.hlM.lM ) z
Tiin EVCNinrJniiLLCTiN , -t
SUOOO pnize contest.
MONDAY. ApniL 190G, g
This vote h good or three wer.e 3
from date. If
n t Pa r.ii t 4 Na rsrP-aja p.ito w
Puiob f Gr.xxs
The Custom Houcc officers are Investl
of fioeds were smuggled Into the coun
, April 0. Quiet lias been restored In San Domln
lasting less than a week.
Affording tn .ui ilii riilnme iiiiiiir-,
noiuo ChlniHi tin I li.iutit tliitati'ii to
boyioli llishci, t IiiiiIi Jin I'oii. t Iiu
cumiolii (Ilium ioiiIi ibiitnl b) Chin
utu hero for tin lni)ciici In China. Is .H
tho head of :i ftillou whhli Ir e.nti n.l
Ing with iitioiher fat Hon ns to vvhtit dis
position shall hu in.ido of tho mime)
He I " emphoe of lllshop's b.inl. niul
Iho boycott Is to compel Ills disc hare,.)
or his usrent to tho illxj'iwlllou of I tic
funds wlili li I lie possible boruttrrs ln
tli the matter
Tho Weekly IMItlon of tho r.venlng
tlullctln gives n complete summary ot
tho news of th day. For SI a year.
" 4-f-f -ft t Ot tftt
rcIiimIiiIi. tor Hiitit t. Illhii tlrcet oir line
iiiuit will nun-jvc the Intervnl liit-n
i irs. nnd
He It further Iletulveil Hint ruples
of this regohiilon be transmitted to I lie
Aillnc llovcinoi of the Tiilrtory. Ill"
"nn. .Inttnileii' of I'ulilli Works. Hie
oil. ii. I of n, t'lirt of 111" Honolulu
Itiipld Tiim-li and Um.l t'oini.in anil
llie dully 111 wnpapi rs'
Mist women want to go to church
on Easter morning. You have a nice
gown and a pretty hat, but have you
I thought about your shoes? Our Easter
offering this year lo the largest and
best selected stock that we havo ever
preatntcd to our customers. Every
thing is absolutely new and of the very
latest style. The stock has been open
ed and we arc now ready for business.
Tho above cut represents a handsome
BRYN MAWR tic, suitable for any
cwell dress occasion, Wc have all
sizes and all widths.
1 f t
The CORRECT CLOTHES FOR MEN, MADE IN NEW YORK,
arc equal to the to order-tailored garments in everything but the price.
We have proven this to more than a thousand men let us prove It to
The Kash Co,, Ltd,
TEL. MAIN 25. COR. FORT AND HOTEL ST8,
I L B. KERR & Co. Ltd,
Manufacturers Shoe Co., Ltd,
PHONE MAIN 232
1051 FORT STRECT-
Fort Street, Uonnluln