Newspaper Page Text
J. MOTT SMITH,
Director of the Government Press,
WEDNESDAY, NOV. 4, 18C8.
Mr. Isaac ITaebottle has been appointed
Inspector of Stallions for the District of Hunt
and Kaupo, Island of Maui, under the pro.
visions or the law paiaed J one zz, 1808.
Feed. IV. IIctcdisct,
Minister of Interior.
Home Office, October 29, 1 80S.
In eenformity with the Act to facilitate the
settlement of Boundaries, and with the consent
f His Majesty the King, the Hon. W. P.
Kaxnakau has been appointed Commissioner
of lioundane for the lirst Judicial Circuit
II. E., P. Nahaolelua, for the Second Judicial
Circuit; Hon. R. A. Lyman, for the Third
Judicial Circuit; and Hon. D. McBryde, for
the Fourth Judicial circuit.
Ferd. Vf. Hctchiscs,
Home Office, Oct. 20, 1S6S. Minister of Interior.
It has pleased His Majesty, the King, to ap
point Hon. J. 0. Dominis, Hon. W. P. Kama-
kan, and Hon. Henry A. Eahana, to be mem
bers of the Hawaiian Board of Health, under
too Act approved June Z3d, 1868.
Iolanl Palace, Oct. 16, 1808.
The following Circular has been issued from
the Department of Foreign Affairs :
Ail Consuls and Commercial Agents of His
Hawaiian Majesty arc enjoined to give strict
attention to tno following instructions :
I. As repeated attempts have been made to
place under the Hawaiian Flag vessels not
owned by Hawaiian citizens or subjects, no
provisional register will be issued to any ves
sel whatever, except upon the application of
subjects or ma .Majesty, and in no case will
inch provisional registers be issued until it
shall be satisfactorily shown that such vessels
ore, in fact, wholly owned by a subject or sub.
jects of this Kingdom, and are about to pro
ceed by a direct route to some port or tnis
II. All provisional registers will bo granted
for a limited time only, the duration of which
shall be clearly stated on tho face of the same,
and shall not exceed what may reasonably be
required to enable the vessel holding the same
to reach some port of this Kingdom.
III. Consuls are forbidden to grant a pro
visional register a second time to any vessel,
and the fact that the vessel, so provisionally
registered, shall not haro visited any port with
in the time limited in the provisional register,
will be always held to be conclusive evidence
of fraudulent intent, unless the delay shall
bare been occasioned by disaster at eea, or
other uncontrollable cause.
IV. Consols are specially instructed not to
recognize the provisional registers granted by
other Consuls after the expiration of the time
limited in such registers, nor will such regis
ters be recognized at any port not in tho direct
route from the port where the same may hare
been granted to some port in the Hawaiian
Kingdom, unless such port shall have been
visited in consequence of disaster or to escape
from serious and unavoidable perils ; and in
no case will any such provisional registers bo
recognised, when if shall appear from the ves
sel's papers, or otherwise, that slnoe the grant
ing of such provisional registers, the vessels
holding the same, shall have been withinthe
waters of the Hawaiian Kingdom.
Signed Stephen H. Phillips,
Minister of Foreign Affairs, ad interim.
DlrlEimjT or 1'oeuc j Arriias, 1
Honolulu, October 1C, 1SC8. J
There is no portion of tlio world which
has been the subject of more misrepresen
tations than these Islands. They hare
been 'done to death,' as the saying is, by
tourists and letter writers. In former
years the missionary came in for more
than his fair share of misrepresentation.
IThilst some represented their work here
as being almost superhuman, others could
see nothing but a complete failure in all
their efforts, and, blamed them not only for
the short comings of the race, but of in
dividuals. These last pointed to some,
real or fancied instance of individual fail
ings or back-sliding, and exclaimed, with
the triumphant air of one who had discov
ed the summum bonum, "See what is the
effect of the missionary work," and asked,
with most mysterious shrugs of the shoul
ders, why something else had not been
done than that which was done. The
population seemed failing in numbers ; this
was satisfactorily proved to the minds of
those critics to be in consequence of the
missionary's preaching, the building of
churches, or some other equally self-evident
cause. Each of these self-satisfied
and self-constituted censors was ready
with his nostrum, and as no one could pos
sibly demonstrate that tho remedy would
not euro the disease, the pride of these
philosophers " took up ready praise" for
their acateness, and
"At least themselves, their promt selves applaud.'
Some of the prescriptions to remedy the
failing population ore sufficiently amusing
to look bock upon, but none are more in
terosting than the idea presented by on
" influential gentleman," in a letter intend
ed for the use of the "Home Secretary at
Washington, and other influential mem
bers of the Government," that annexation
to the United States would at once bring
new life to this perishing people." Our
political philosopher sees, in imagination,
as on immediate consequence of an act,
which seems to have taken possession of
his mind to the degree of absolute insan
k ity, every adult woman bearing twins an
Dually, all the children well taken core of,
and death coming to none of our popula
tion, until extreme old age may hare ren
dered one entirely useless.
It is not with the follies of this letter
writer that we have to do, at present, but
with his pernicious misrepresentations.
And before proceeding in our task, we
pause to say that, as we understand the
amenities of newspaper writing, or public
discussion of any kind, it is not rateable
for any one to go outside of the article crit
icised, to form guesses as to the person who
may have written it Therefore, in com
menting on "the letter" us do not know
who wrote it, nor do we seek to know; it
is now given to the public, and, it is to be
presumed, with the consent of the anthor.
But whether this presumption be well
founded or not, the letter is now the pro
perty of tho public, and it is our dnty to
comment on it We hare not intimated a j
suspicion of the authorship, and therefore,
hare not begun, continued or " ended with
any personalities" whatever. This paper,
we would say, has its responsible editor,
and that all editorials appear under his
responsibility, just as in any other, and
the writers for this paper -r as much en
titled to their impersonality as the writers
in any other journal.
"The common tendency is, in the ab
sence of particular information, to regard
that aa presumptively true, which is con
fidently and plausibly told ; and thus re-
, . 11 . 1 .1 ; ; .
ceivea, to noia ratner vu&u rcuwiuisu n,
even in the face of the strongest evidence
to the contrary." This the habitual de
tractor and defamer well understands.
Hence, it is our duty to say again, that if
any one shall say or write that this Gov
ernment "suppresses free discussion," he
states that which is most untrue ;. if any
one shall say or write that this Govern
ment "jeopardises vast amounts of capi
tal," whether ' breign" or domestic, he
says that which is most untrue ; if any
one states that this Government " weighs
like an incubus upon the moral, intellectual
and industrial pursuits of this country,
ho states that which is most untrue ; if he
states that the natives of this country aro
"poor and oppressed," he again states that
which is most nntrue. If tho person who
makes such assertions has enjoyed, for any
length of time, a position in this commu
nity, as to enable him to know the truth or
falsehood whereof he speaks, his hardihood
may bo more the subject of admiring won
der, bat it becomes more imperatively our
duty to deny his aspersions, in such a man
ner as is not to be misunderstood. It
makes no difference who writes the denial ;
it is made in the interest of the public.
whose best interests ore attacked by such
misrepresentations of their Government.
The question before this community is, are
the statements true or false? These
assertions of our "influential friend
are not unimportant They form the
ground work by which he expects to in
fluence action. Nor can it be supposed,
for a moment that they were put forward
by the author as unimportant, in a letter
intended to influence men in power, and
winch the editors of the Jiuuelin sar,
must have exerted considerable influ
Our animadversions upon the truth of
the'statement, that ' this Government sup
presses free discussion," are scarcely well
met, by the remark that they would do so
" if they did not know too well that there
by tho rock on which it would wreck its
iuglorious career," since, whether the rea
son supposed for the not doing a thing, is
sensible or senseless, the fact that the as
sertion is nntrue stands the same, whether
the " Government, or anybody else, is to
be thanked for it or not"
Having establisheJ, as it were by com
mon consent, the fact that tho 11th article
of "the letter" is entirely baseless, let us
proceed to some of tho others. We bod
intended to take that portion of the com
munication which the author considers his
" memoranda of observations" in order;
leaving aside his "memoranda of opinions."
But as a gentleman has sent us a commu
nication, which mainly bears on the first
article, we must pass it one side--though
we had contemplated treating that like
wise from a different stand point than tho
one occupied by our correspondent
We therefore pass to the 4th Article.
It must be apparent to all that it would
be impossible to dwell upon all the misrep
resentations made in it,. much less in thj
wlioie paper under consideration, without
the most ample space and time. We will,
therefore, confine ourselves for the present
to the following quotation :
"4. The present attitude of the Hawaiian
Government is more adverse to the United
.States than at any former period; though
aunng me war u was more openly manliest.
Advantage was then taken of our supposed
weakness to expel from otllce all Americans
known to be strongly Democratic in their
Now, we pretend to say, in the presence
of this community, and without the fear
of contradiction by any responsible man.
that every one in this quotation, and
all its implications, aro most unqual;
fiedly false quite as false as that which
we dwelt upon last week, is admitted to
be. The first sentence conveys a double
falsehood, since it implies that the present
attitude of this Government is " adverse,"
in any manner, to the United States; and
secondly, that at some former period it has
been " adverse," though less so, and is fol
lowed up by the remark " though during
the war it was more openly manifest Ad
vantage was then taken of our supposed
woakness to expel from office all Ameri
cans known to be strongly Democratic in
their sentiments." It will certainly bo
news to all old residents here to learn that
the strength or weakness of the United
States has ever been taken into considera
tion in determining what individuals should
be employed in tho public service of this
country. Nor would any statesman in the
United States, or any of their Commis
sioners or Mmisters-Kesident here, not
even those, (if there havo been any such),
who may have been influenced by the
views and representations of our "influen
tial " friend, hare erer given one moment's
attention as to who may bare been, or
may not hare been, thus employed by this
But in order to place the matter fully at
issue, we say that no act of this Govern
ment can be pointed to during the civil war;
no expression of opinion by the members
thereof, can bo quoted, that was in the
smallest degree " adverse" to the United
States, or was any other than friendly.
These public detractors always deal in
generalities, and never condescend to par
ticulars. We further say that we can
not learn, by diligent inquiry at the De-
partments, that more than one gentleman,
claiming to be an America citizen, was su
perseded during the war, (one of the
clerks, and he certainly never has .paid,
and never would say, that he was super
seded on account of any opinions held,
entertained, or expressed, regarding Amer
ican politics, or any other politics whatso
ever. He left on account of a disagree
ment occurring in the office, and was
immediately thereafter employed by tho
late Minister of Foreign Affairs in a
responsible private situation. Xo such
insinuation was ever made during the war,
and it is now left for this Adviser of Sen
ators to bring it forward by general asser
tion, for the purpose of influencing votes
against the interests of those men whose
support and countenance have, for ten
years, given him all the influence which he
could ever have had to injure them.
We have said that no act of tho Gov
ernment can be pointed out, during tho
war, in the smallest degree ad verso to the
United States. This we emphatically re
assert end might go much further. It is
true that on the 4th of July, 18C7, at
which time the author of our " Memoranda
of Observations and Opinions" says that
"American sentiment had reached a point
of enthusiasm and high expectation," a
4th of July orator took occasion to com
ment on the Proclamation issued by the
Government, at the commencement of the
war. The tone and cliaracter of that
oration was sufficiently in accord with the
tone and character of the "Memoranda,"
to make a marked coincidence, though we
would not wish to be understood to inti
mate, even, that a coincidence of this na
ture is sufficient to induce the conclusion
that both performances are emanations of
the same mind. The Proclamation was re
published immediately after the delivery
of the said oration, and if it should be
deemed desirable, will be re-published
again. It is probably, however, in the
minds of most of our readers, and it will
bo sufficient to say that the Proclamation
was approved before its publication, by
the Representatives of the United States
Government, here, and was regarded, and
has continued to be regarded, as a friendly
act, by the Government at Washington,
and received their commendation. Tho
orator, on that occasion, did not quote
anything from the Proclamation, but fol
lowed the nsual habit alluded to above of
general denunciation and demonstrated,
perfectly, either that he never had read
the document, and was speaking with utter
recklessness 03 to whether he was right or
wrong, or that, having read it, he purposely
misrepresents it for reasons which it is
not permitted to us even to guess at
The news of the outrages on life and prop
erty, by the religious fanatics In the district
of Kona, had scarcely reached the Government
on Wednesday night, when orders were given
at once to protect the life and property of the
peaceable inhabitants of the district aud to
restore everywhere the authority of the law
in the most prompt and energetic manner.
An armed force, under command of Governor
Dominis, consisting 'of 5 officers and 75 men
Household Troops, 4 officers and 52 men ol
the Light Artillery Company (Volunteers)
with one C pounder field-piece, was placed
at the disposal of the Attorney General At
a quarter to 2 r. M. ou Thursday.the 22d, the
expedition, fully organized, made sail on
board the schooners Kamatte and JVince for
Lahaina.whlch port it reached next morning,
and where it was transhipped with all pos
sible speed on board the steamer Kilauea.
the Governor Nahaolelua of Maul Joining the
expedition, to which also Dr. Lee was attach
ed for medical assistance.
Whilst the expedition was steaming to
wards Keaiakekna in the very best of spirits,
matters had taken its course already in Kona.
Mr. Coney, the sheriff of Hawaii, then on a
visit with his family to the Volcano House,
had received the sad news of Mr. Neville's
assassination on, Tuesday night Fearful
that the state of wild excitement the rioters
were reported to be in, might lead them on
to still more lamentable outrages, aud un
certain of tho timely arrival of any aid from
the Government he resolved to act for him
self, to do what best he could in preventing
further outrages, and, if not able to quell the
disorder, to at least prepare every thing for a
cooperation with the military forces which,
as he Justly thought, would not be very long
In making their appearance. The energy
and rapidity with which he went'to work,
summoning up able bodied men with effici
ent arms all along the lower road ofKau,
organizing them, disciplining them as best
he could and marching them, day and night
through that rough country, met with its re
ward. On thursday morning he had already
passed Kan with about 50 armed men and on
approaching the camp of Kaona at Kalnalln
on Friday night his force had Increased to
over 200 men, half of them were natives who,
though poorly armed, were full of good will
and eager to avenge the outraged majesty of
On Saturday, the 24th, at daybreak, the
Kilauea was opposite Kawalhae, steaming
along the coast at a rate which was not at all
proportionate to the impatience of her crew.
At Kailua, the men were ordered below, and
remained henceforth Invisible to any inquisi
tive eye that might be directed to the vessel
from the shore. At about 2 o'clock she ar
rived In sight of the prophet's camp, and a
white flag was seen flying. Getting abreast
of It the nag was struck, and there were
signs of extraordinary commotion. At
about 4 o'clock r. m. she dropped anchor in
Keaiakekna Bay, and hailed and stopped the
schooner Fairy Queen, which was jnst leav
ing the port. The men were landed, formed
and made ready for act ion, it being the Inten
tion of the Attorney General to march in a
body to the camp with the whole of the mili
tary force, the mere presence of which would
In all likelihood be sufficient to overawe the
followers of Kaona, while any civil force
which might be met on the way, ready to
join us, could be used to make arrests, and to
prevent the escape of any fugitives or strag
glers Into the mountains. Governor Dominis
was to take charge of the military, while
Marsha Parke was to rally a civil force and
to serve the warrant, .unless he should find
some sheriff or deputy.
Matters stood thus when at about S o'clock
the arrival of Mr. Coney changed the appear
ance of things. He reported to have been
able to march his body of men to the camp
on Saturday forenoon, to surround it com
pletely, and, after a slijbt struggle, to secure
the whole of Its tenants wlthont anybody
on bis side having received any injury to
speak of. The total number of prisoners he
stated to be 193, women and children Includ
ed. He further reported his men to be al
most worn ont with fatigue, and thongh will
ing to do their dnty to the last he should
recommend an Immediate relief of the pris
Order to march up the hill was given ac
cordingly, and at 7 o'clock the troops ar
rived in a body at Mr. Todd's, in whose yard
the prisoners had been secured.
The sight of these poor misguided people,
huddled together in a mass was one of pity
and disgust. The men, about 80 or 85, were
tied with ropes; the women and children
had been separated from them and lodged in
a barn. Among the former many a savage
looking face could be noticed, the eyes beam
ing with that gloomy fire which fanaticism
alone can kindle in the breast of man. Each
individual carried that same ITolj Book
which had turned his wits; Indeed but few
of them had any other luggage. Prominent
among them was Kaona the prophet the
founder of the sect The potte comitatut pre
sented a not less strange appearance. There
were people of all nations, armed in every
conceivable way, with guns, clubs, knives,
swords, and every possible kind of weapon.
Messss. Coney and Chlllihgworfh had charge
of the foreigners, but the natives were under
the control of Kupakce, whose gigantic frame
overreached them all, while all acknowledged
his great qualities as a leader, together with
his sound judgment and moderation. It was
his Influence that had restrained the natives
from comml.tlDg violence upon the prisoners.
Mr. Concj's men, who had been on con
stant duty for three days and nights, were
relived by the It H. II. troops. Mr. Phillips
thanked .the former, in the name of His
Majesty, for their readiness and efficiency in
maintaining the authority of the law, Gov
ernor Nahaoblua standing by his side, and
Sheriff Coney repeating his words in the na
tive language. Shortly after the guard was
mounted, ons of the Household troops
(Noll), while on duty, received a flesh wound
In the neck from a ball, cansed by one of the
Sheriff's men, on leaving duty, discharging
his piece. Another .accident was more se
rious. The pistol of Mr. Chilllngwortb,
Deputy Sheriff, went off as he was drawing
it from his pocket, and inflicted a very bad
wound In his leg, though no bone or artery
On Sunday morning a force was detailed to
recover and bury the remains of Mr. Neville,
and those of the native officer, who prove to
have been the only persons killed. The law
ful owners of the camp ground were put in
possession of their property, and all the build
ings razed to the ground. The prisoners,
after being fed and partly handcuffed, were
marched to the beach and embarked on the
steamer, together with the entire expedition
ary force, while the Fairy Queen was dis
patched to Honolulu.
After the Fairy Queen had left, the Kilauea
proceeded to Kailua. She had on board 200
prisoners of all sexes and ages. She arrived
at Kailua before daylight The next morning
after breakfast had been provided,the prison
crs were -landed. The large stone house
owned by the Governess of ITawoli, was taken
for the use of the party, aud the male prison
era were placed under a strong guard in that
part of the old missionary church which re
The examination had been fixed for Tues
day, at 9 a. 3i., at which time the trial com
menced, In the church itself. Tho District
Judge took his seat at a table in front of the
pulpit, with Got. Nahaoieiua and Gov. Dom
inis on either side. Dr. Gulick was sworn as
interpreter. There was an Immense attend
ance of spectators, occupying every available
apace in the church; and a large part of the
yard. There was also a strong squad under
arms. The Sheriff opened the court by proc
lamation. Kahikoku was first arraigned for
the murder of Richard B. Neville, at Lchu
hula, on the 19th of October, 1S68. His death
by violence was proved by those who Baw
his body, and one witness testified that be
Baw him go out with a club to commit the
deed, and that when he returned, he Bald he
had done it. The prisoner asked for counsel
which was allowed. Not much of a de
fence was made, and be wag committed,
without privilege of bail, for trial for murder
at the next term of the court. He was imme
diately taken from tho room by a guard.
Allka, Kaona, Kamaka aud Kalama were
next arraigned for the murder of KamaL
After some parley, each pleaded guilty, Kaona
saying that he ordered the deed to be done,
but that he was under commands from on
high. They were fully committed and imme
diately removed. There remained about 120
men and women, all of whom bad been ar
rested as accessories to the crime of murder,
after the fact Upon arraignment more than
two-thirds of them pleaded guilty, and they
were ordered to find bail In the sum of $2000
each, and in default thereof to stand commit
ted. The examination of the rest continued,
and the Government succeeded In Identifying
all but two old men, who were Immediately
discharged. The prisoners were of course
beard In their behalf, but only one succeeded
in convincing the Court of his innocence.
He was discharged. After the cases were
disposed of, the Court adjourned to th Ianal
near the stone bouse,wbcre about 30 women
and old men were found. Two women were
discharged, but ail the rest held for trial, the
greater portion of them admitting that they
were present to the extent of legal liability.
The steamer did not leave till about 4 p.m.
on Wednesday. She bad on board the five
persons charged with murder, and 62 other
men, nearly ail the able-bodied, together with
12 women. There were left at Kailua in cus
tody of the Sheriff. 57 women and 7 old men.
Their cases will be at once thoroughly inves
tigated, and such as are found to have been
Involuntary participators, and well-disposed,
will be.allowed to depart, upon any ball
which mar offer. Many of them have un
doubtedly got back to their borne before
The Kilauea arrived at Lahaina at 11 a. if.
on Thursday. She left again at dark, reach
ing Honolulu next momlng, when the pris
oners were landed and sent to the prison.
Mr. Conev. Sheriff of Hawaii, bad every
reason to be well satisfied with his men. all
of whom did their duty joyfully. Among
those who'Vere foremost In activity and ef
ficiency, he makes mention of the following
names : danpakee, .Logan 101 ixonai, ur. un
lick, DepTfty Sheriff Cblllingworth (of Ka- 0f
waihae). L. E. Swain I of Eani. Cant. Brown I
(of Kan), C. E. Richardson, Geo. Richardson, and Aden are the exchange offices in tie
Geo. Hy (of Waimea D.Montgomery (of StraiU getUetaeaU and the British East In
Kailna). Crediford fof Kona). Moses Barrett I mm
(who was a Luna under the late Sheriff Ne-1 Postmasters will charge postage accord-TiIIe)-
I ingly on and after the 1st ol November next.
Supreme Court In Banco.
The Kn?o vs. Hcxc.
The opinion of the court was rendered by
Mr. Justice Hartwell, Allen, C. J., and Aus
tin, J., concurring.
This was a bill of exception to the decision
of the Circuit Court of the Third Judicial
District in overruling a motion In arrest of
Judgment for alleged defects in the indict
ment. The defendant was indicted for having at
Onoullnul, with force and arms, and unlaw
fully and feloniously broken and entered, on
the night of July 1 1, 1863, the office of Kobt
C Jauion and Wm. L. Green, with intent
unlawfully and feloniously to steal, and for
then and there stealing certain books of ac
count to the value of $15 or thereabouts. It
is claimed that nnder our statutes there Is no
common law offence of burglary, that this
Indictment was Intended to be laid under the
16th and 17th section of chapter 14 of the
Penal Code, but docs not contain sufficient
averments to come under either of these sec
tions, and charges no offence known to the
law here. The defendants counsel Insist that
the section referred to describe distinct sub
stantive offence; that essential ingredients of
tbe-offence described In the ICth section, and
not charged In the indictment are the pres
ence in the office of another person law-
fully-tbere, and .the offender being armed
with a dangerous weapon, at the time of the
entry. In the argument It was not Insisted
by the Attorney General, nor do the Court
consider that the offence was, or was Intend
ed to be charged under this section.
But the defence further claims that materi
al Ingredients of the offence described In the
17th section, and not charged In the indict
ment arc the absence of another person law
fully in the building, and the offender not
being armed at the time of the entry.
We do not regard these sections as setting
forth two separate and distinct offences, but
only one, the substantial elements of which
arc, breaking and entcrlngat night any of tho
buildings specified, with Intent to" commit
felony therein. The 16th section enumerates
certain aggravated circumstances attending
this offence, which the 17th section euumer
ates as not attending the same offence. The
words of the 17th section refer directly to
those preceding, and can only be read and
understood In connection therewith, to ex
plain the words, "tuch person being within
tueh house," and " tuch offender being to
armed." The 17th section Is in the nature'of
an exceptional or provisional clause, modify
ing the 16th section by providing a lesser
punishment for the offence when not com
mitted under certain circumstances. Attend
ant circumstances need not be set forth which
does not form a constituent part of the of
ence. It Is not only unnecessary to aver more
facts than are legally and substantially suf
ficient to make out the offence, but too great
minuteness aud Btrictness are to be avoided.
Rex vs. Airloy, 2 East SI, Less minuteness
Is required In charging mere matter of aggra
vation or'luducemcnt Bacon's abr.: title
indictment still less in matter of mitiga
tion. We know of no authority requiring
the Government to aver or prove that the of
fender had no dangerous weapon when he
committed the offence. On the general prin
ciple that it is unnecessary to deny that which
the other side would properly affirm in de
fence, It is well settled that an Indictment
for a Statute offence need not negative tho
provlsors, or show that the defendant is not
within the benefit of the exceptions in the
distinct clauses of the Statute. Spierles vs.
Parker, 1, 9, It 141, Commonwealth vs. Hart,
11, unsn. tsu, mate vs. Adams, a a. ii. ass.
The Court consider this case as coming
within the above rule. In cases similar to
this, the authorities are conclusive. Under
the Statute 48 Geo. 3, ch. 129, provision was
made for the offence of stealing from the per
son "without such force or putting in fear as
is suinciem to consmnie ine crime oi rou
bery." In Rer vs. Pearce, Rush & Ryan 174,
and in Rex vs. Robinson, lb. 321. the Court
held that it was neither necessary nor proper
In an Indictment under this statute, to nega
tive such force or putting in fear, and that
the meaning of tho statute was, "such force
or patting I n fear not being charged at to done."
The Massachusetts cases cited br the At
torney General are exactly in point, and the
rule by Chief Justice Shaw in Dcyoc vs. Com
monwealth, 3 Met 326, governs this case,
viz.: "When there are several species ol
the Eame general crime, with more or fewer
circumstances of aggravation, and snbject to
a gradation of punishments, It Is not neces
sary In the Indictment to negative those cir
cumstances which would render it more ag
gravated." see also Commonwealth vs.
Squire, 1 Met 253, and Larned vs. Common
wealth, 12 Met 240. We are satisfied that tho
non-averments complained ot worked an In
JrT to lhe defendant, that the indictment
tttinrrrna on nlTontti undo, (tin otn Mi I no n
charges an offence under the statutes, In
terms sufficiently clear to enable the Court to
determine Its nature, and what, if any, pun
ishment should be awarded, and to enable
defendant to plead previous conviction In
bar of .any future proceedings on the same
grounds. The indictment being held to be
good under the statute, it is unnecessary to
consiaer us lorce outsiae oi mo statute.
Mr. Attornev General Philllns for tho
urown, iv. ii.ioncs, tsq., jor me aeienaant.
Xeiv Postal Arrangement.
A Postal Convention has lust been con
cluded between the United States and British
Post-ofQcc Departments, for establishing and
regulating an exchange of malls between tlu:
United States, the Straits Settlements, and
the British East Indies, by means, conjointly,
of the line of the United States Mall Steamers
plying between ITonfr Kong, China, and the
fine of British Mall Packets plying between
Flout Kung and Singapore, Calcntta, Madras,
Bombay, and Aden.
its leading provisions are as iouows:
On and after the 1st of November. 1868.
(the date on which this Convention is to be
carried Into oueratlon). the DOta?e to be
levied and collected In the United States
upon correspondence ol all kinds posted In
the United States, and addressed to the
Straits Settlements or the British East In
dies, by this route, will be:
Ten cents per single rate of half ounce or
nnder, on letters. Two cents on newspa
pers; and eight cents per four ounces or
fraction thereof, on book packets, patterns
ine correspondence tuns prepaid in tne
United States, will be delivered at destina
tion in the British East India Possessions
free of all charge whatever.
Prepayment U obligatory on newspapers.
book packets and patterns ; but letters posted
unpaid, or insufficiently paid, will, neverthe
less, be forwarded, and charged at the place
of destination in the Straits Settlements or
the "British East Indies, with a postage of
lOd. (20 cents.) per single rate, together with
a fine of 6d. (13 cents).
Paid corresponcence of all kinds received
from the Straits Settlements and the British
East Indies by this route, will be delivered
at the office of destination In the United
States free of all charge whatever; but un
paid or Insufficiently paid letters so received
will be charged on delivery with a postage
of 10 cents per single rate of half ounce or
under, together with a fine of 12 cents each.
No accounts will be kect between the re
spective Post Departments on the corre
spondence thus fxebasged, each Department
retaining all the postage which it collects,
both on paid matter seet, and unpaid matter
exchange on the part of the United State;
Q;nn-1nM. r-n tr. u - -v.--- -nmK
L. L. TORBERT.
T INSEED OIL--Iltibbnck'n Tale
1 1 Bailed, in C gallon drums,
Liverpool (Ireen.'-ln 5 tb eases,
Paris Green, Prussian Blue,
Celestial Blue, Chroma Green,
CARSON'S ANTI-CORdSIVK PAINT,
In 10 lt Tins,
Lizht Portland Stone,
Chocolate A Black.
These are the only Paints that will stand
the sun In the tropics without blistering, and
are the best paints for every description of ont
door work. Vessels, Iron Work,.Doors, Shut
ters, Fences, etc.
Coral Varnish, fine Cabinet.in 1 zal. cans.
Ulaxier's Diamond, for sheet and plate glass
Tracing Paper, 42, 30, and 13 in. wide,
Nails, all sixes, Cat and Wrought.
ALSO, TO ABRIVE,
Eer Garstaner and wilnelm.
Welch Roofing Slate, 10 by 20,
rt indow ulass, all slses,
White,. Ked, .Blue, Urange,
Green, Purple aud Crimson.
Tie above art offered at Very Low Prieet
42 FOR CASH. lm
THEO. K, DAVIES
Offers for Sale to Arrive,
TOao Cargo of tlio
British Bark Garstang,
IVovr 1.18 Days oat
iTlUE W1I0LE OF THIS CARdO HAS
Seleoted With Great Care,
And Is "lYortliy the Attention
of 'I'owii'uud Country
CONSIST OF Aft, THE
Best and Newest Styles of
3 GrceiiM, Ornnsre and lllackis.
Green and Orange, ii Pluks,
I'luli & White ds Faaclex,
Being one of tho Choicest Assortments ever
Prints, Moleskins, Shirtings, Blue Denims,
nsrroca s Aiong uiotn, iirown Drills,
Bluo Shirtings, Brown Shirtings,
Striped Ticking, Blue Jumpers,
White Drills, etc, etc, ete.
White and Brown Drills, Blouse Linens,
i-:ain ana uoioreu uerry, Coatings,
Black and Brown Hollands. Sheetinirs.
Cambria Handkerchiefs, Bleached Linens,
t t - IT '
. j-riuieu nawus anu ijinens, eto, etc.
Black and Colored Baratheas. Blna and
Whito Flannel, Velvet Hugs, Pekln Cloth,
Heavy Four Point Blankets, ass'd colors,
uaierprooi xweeus, tscotca Tweeds, etc.
Silk and Cotton Umbrellas, Plain and
watered Bilks and Moire Antique,
Ladies' Ties, Laco Collars, Felt Hats,
Fancy Straw and Lezhorn Hats.
Linen Thread, Writlne Paner. EnTalonm.
Stationary, Bagatelle Boards, Croquet Sets
itaios- f ans, wmte Uotton and Linen
Shirts, Regatta Shirts, Crimean Shirts,
Alpaca oacas, unite unct Trowsers,
Black Cloth Trowsers, Jean Shirts,
Wool Packs, Bagging, Twine,
Linen Towels, Linen Colors,
Hockin, 'Wilson & Co's Oilman's Stores,
TAHISH'S JAMS, JELLIES AND BI8CDIT8,
Ind, Coopc Ac Co's Ale, in glass,
Marrinn's Ale, in wood.
Guinness' Stout, in glass,
Dunville & Co's Whiskey, in glass
Perrier's Champagne, pints a quarts
English Ploughs, very strong,
BEST WHITE LEAD, ZIKC & BOILED OIL,
Fine Earthenware aud China,
Fine Glassware, Yellow Nappies,
French and English Paper Hangings,
salt, etc., etc., etc.
THEO. H. DAVIE8.
milE UNDERSIGNED HAS CON-
.a. sunny on nana and for sale
Medium, Navy and Pilot Bread,
From the Celebrated Steam Bakery of
Campbell & Co.,
(Lata NICHOLS A CO.) San Francisco, which
ne oners lor salo at the lowest market rates.
We tho "undersigned, Ship-Masters, have
nsed nicnou x uo.'s Hard Urea J for tho past
four years, and find it superior to anr wa hare
bad in San Francisco. For the past two sea
sons we have taken their Bread eiciusirely,
and do cheerfully recommend it as the best
lor long sea service that we have nsed on this
Jis. It. Hcxnao. Muter Bark Fannv.
N. B. Wilcox, Master Bark 3iasachusetts,
n . a. uiE.trs, Master Hark Eugenia,
L. N. HERKSDEzar, Master Bark Helen Mar,
v. a. t aasca, Atatier entp norma,
11. Coott, Master Bark Harrison.
A. Wheldox. Muter Bark John Howtaml.
3X3 FsAncisco, Nov. 27, 1868.
My owners hare been nsini? Niehnla A fin .'
Hard Bread for the vast three seasons and m
recommend it as being A No. 1 to keep on
board ship eighteen months also that it is as
crisp and good at the end of that time as when
urn pat on boar J.
AxnaBix W. Pierce.
Agent for Swift A Allen, N. B.
ALEX. J. CARTWBIGHT.
Honolulu, Oct. 18G3. 3S-2m
For Sale Cheap I l
OF IO.HORSE POWER WITHls mnU A mm.a
complete fixincs. warranted new audi I JftaC OClli A II II I C
wWT. ,11 I.,.., 1 ..... . I
a low figure at
38-3m En. IIOPFSCIILAEOER i CO.
caufoxxia. osseex ass anxie
STXAXSKIP COX? AST'S
San Francisco art timbk Line.
The Company's Splendid A 1 Steamships
IDAH6 & MONTANA,
WILL RUN REQULARLT BETWEEN
Honolulu and San rraaekee,
By the following- Schedolo of Tbne:
" Sot. X
" Dc IS
" Jan. 8
' lib. 19
" Mar. IS
Oct. 18 SatunfT Oct. Si
Not. 9 " Not. 34
Not. 30 Dec 5
Dec 21 M Dec
Jan.- It " Jan. 13
Feb. I " Xeb.
Feb. a " Feb. ST
IJlicral Advances Made on. all
ShlpmcHtx per Steamer.
Cargo for Ban Francisco will be received
at the Steamer's Warehouse, and receipts for
the same given by the undersigned. Xo
charge for storage or cartage. Fire riiks In
Warehouse not taken by the Company.
Insurance guaranteed at lower ran than by
sailing Tessels. Particular care takes of ship
ments of Fruit.
All orders for Goods to be purchased In San
Francisco, will be received and filled by return
jPfT-Shipmenti from Europe and the United
States, intended for these Islands, will be re
ceived by the Company in San Francisco, If
consigned to them; and be forwarded by their
Steamers to Honolulu, rnxK or cuiitai, ex
cept actual outlay.
S,Passesgers are requested to take their
tickets before 12 o'clock on the day of sailinc
and to procure their Passports.
AH bills against the Steamers must be pre
sented before two o'clock on the day of sail
ing, or they will have to lay over till the re
turn of the Steamer for settlement.
U. IIACKFELD A CO.,
-WILL LEAVE JIOSOLULU REOU-
Monday, Sept. 28th, Monday, October Sttit,
Monday, October 5th, Monday, Not. 2nd,
Monday October 12th, Monday, Nor. 9th,
Monday, October 19th,
At 4 p. x., precisely, touching at
Keaiakekna, Wednesday, about noon,
Kailua, Wednesday evenings,
Kawalhae a Mahukona, Thursday areningf ,
Arrlring back at Honolulu Saturday mornlnjs.
38- WALKER A ALLEN. Agents.'
HAWAIIAN PACKET LUTE.
For San Francisco.
The following First-Class Yes
sels will run regularly in the JBakT
. C. MURRAY.
CLAKA K. HUT1L.
Eor Freight or. Passage, bavins Superior
Accommodations for Cabin and Steerage Pas
sengers, apply to
WALJ1EK A ALLEN,
ins clipper scnoonn
M HATTIB, 5
Carrying tie Hatcaiian Jfail teiikoMt Sultidjt
will Leave Honolulu Every Saturday,
at Foar o'clock p. v.. Returning, will leave
Nawtliwili every Tuesday afternoon.
or freignt or .Passage, apply to
33.3m II. FOSTER A CO.
REGULAR PACKET FOR HILO.
THE CLIPPER SCnOOXER
ODD FELLOW, dki
Will run reeularlr as a rocket between Ilsna-
lalu and Ililo. For freight or pasiage, apply
onboard, or to CHUNG U00N,
38-3 m Agent. .
Will ran as a reeular racket between Hono
lulu and Molokai, touching at Kaunakakal
and Pukoo. For freight or passage apply to
the Captain on board or
3Hm 11. PRENDERQAST, Agent
For Lahaina and Meg's LatfiAg.
The fins tamieh clipper aekooncr
E. D. CRANE, Master,
Will rnn rcgnlarly and tranctnallr nn the
above route. For frelgUt'or passage apnlr
to the 3faater on board, or to ,
u. BKEWKK & CO.
For Hilo-2Bd Kajkwa, Kawiif.
Will run as a recnlar Daeket to. t&a .Wa.
ports, touching at LAHAINA. For freight or
passage apply to
WALKER A ALLEN,
For HILO, PAUKAA Mil KWWKi.
Will rnn regularly for the abort) ports. 7or
Mwgu vi yaceagc apply to
U L. TUKSEKT, KOBOloIa,
For Hik) uti Qmmu, KtvM.
w.i, , " . - .
"Will ros as a ranlw stsfcst to Ha above
ports. lot freight or fuseae asatir to
3S-3m WALKER A ALLEN, Agents.