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BOOK AND JOB
PRINTING ESTABLISHMENT T
the "aAnrrru" omcs
Is now prepared to execute all orders for
run m my riiiTiK.
WITH NEATNESS AND DISPATCH
Every Wednesday Morning,
AT SOAK Plilt AKXUSI.
M&llnl to Foreign ubacrlbra at S7.00.
OrriCE On Mercliant Btreet, west of
he Post Office, Honolulu, U. I.
Printed and published by J. 51 on Ejnin. at the
Government Printing Office, to hom all business
coram onlcathrkS matt be adilreued.
VOL. V NO. 34.1
HONOLULU, WEDNESDAY, SEPTEMBER 8, 1869.
$6.00 PER YEAR.
a, if. cmtu. j. a. atbiztox. a. a, cootr.
CASTLE Sc COOKE,
IJsTOBTEES, GEXXBAX HEECHANTS,
AND OEgFRAT. AGENTS,
No. SO Kiss Street, opposite the Seamen's Chapel
Tlie KobaU Fuear Own pan Hawaii,
The Haiku Sugar Company, Maul,
Tbe Hawaiian bugar SlDls, Maul.
The lTaialna Sucar Plantation. Oahu, and other
Fugar Planter! of Wakiti and Kitlon, Kauai,
The Lnmabal Hire Plantation. Canal,
lh- Jarne'a Celebrated Family Medicines,
Wheeler A VUsoa'a Sewing Machines,
Tbe Giant Powder Companr.
Tbe New England Mutual Life Insurance Co..
Z? Tbe American Steam I'ire-proof Safe Co. fly5
A. C. BCFFim, 31. I.,
POET PHYSICIAN, AND STOGEON.
Office and Residence No. Si Fort Street, Honolulu,
first bouse maaal of tbe Catbolic Church.
At borne day and night, wben not professionally
H,EEVGIIA3r A: CO.,
IMPORTERS & DEALERS Df HARDWARE,
Cutlerjr, Dry Goods. Paints and Oils, and General
Merchandise, So. W, King Street, Honolulu. fli-li
rBASK BB0W5. COSrKEr BB0W!T.
MltOWZV Sc CO.,
IMPORTERS & WHOLESALE DEALERS
In Wines, Spirits, Ale, Porter, Ac, Merchant St.,
K. P. ADAMS. S.G. WILDER.
A1A3IK Sc AVIIYOEIt,
AUCTION & COMMISSION MEE CHANTS
S7) Queen Street, Honolulu, II. I. ly4
II. IL1CKFELD A; CO.,
GENERAL COMMISSION AGENTS,
8-S Queen Street, Honolulu, II. I. ljr
ED. HOFPSCHLAEGEE & CO..
IMPORTERS & COMMISSIONMERCHANTS
41 Honolulu, Oahu, ILL
T1ICOUORF. C. IIEUCK,
IMPORTER & COMMISSION MERCHANT.
! Honolulu. Oahu. II. L fly
F. A. SCIIAEFI2K Ac CO.,
SS Honolulu, Oahu. 11. I. Pj4
C. 11. LEVERS. 3. O. DICKSO.X.
JLEIVEKS Sc DICKSON,
IMPORTERS AND DEALERS IN LUMBER,
And all kinds or Building Materials, Fort Street,
JOH S.NcGIEIW, .11. .,
PHYSICIAN AND SURGEON,
Office In II. L. Chase's Bulldlnc, Fort Street. Office
hours, from Eight to Ten a St.. and from Three to
Fire r. M. Residence on Chaplain Street, between
Xuuanu and Fort Streets.
ALLEN & CHILLINGWORTH.
Will continue the General Merchandise and Shipping
business at tbe above port, where they are prepar
ed to furnish the Justlv celebrated Kawaihae Pota
toes, and such other Recruits as are required by
wbaleehtps, at tbe shortest .notice and on tbe most
reasonable terms. Firewood always on band. S-ly5
JOIIX X. 1VAXEKIIOUSE,
IMPORTER AND DEALER IN GENERAL
2 Queen Street, Honolulu, II. I. Ij5
W. E. GREErV,
GENERAL COMMISSION AGENT & BROKER
Office in Fire-proof Bulldincs on Queen Street,
28 Honolulu. II. I. Iy4
c. it. srExczB. n. v acfarlaxe.
CILAS. A. .SPaTVCEK Sc CO.,
GENERAL COMMISSION MERCHANTS,
24 Queen Street, Honolulu, 11. 1. Iy4
JIcCOLGAS Sc JOIESO,
10 Fort sL, Honolulu, opposite T. C. nenck'a. lyo
C, E. 1VIEEIAJIS,
MANDTACTURER, IMPORTER & DEALER
In Furniture of every description. Furniture Ware
Room on Fort Street, opposite Chase's Photograph
Gallery. Workshop at the old stand on Hotel
Street, near Fort. Orders from the otber
41 Islands promptly attended to. lyo
BOOT AND SHOE MATTER,
41 King Street, next to the Bethel, Honolulu. Pyi
31. T. DO.WFLL,
CABINET MAKER AND UPHOLSTERER,
King Street, Honolulu, opposite Lewis Cooper Shop.
41 Will buy and sell second-hand Fornltnre. fljri
T1BBETS Sc SOKO'SOX,
SHIP CARPENTERS & CAULKERS
At D. Foster &Co's Old Stand, S
Near the Honolulu Iron Works. iyS"
XIIEO. II. JOAVIES,
Lan Jaxiox, Gun A Co.
IMPORTER & COMMISSION MERCHANT,
axn aoasr roK
Lloyd's and tbe Liverpool Underwriters,
British and Foreign Marine Insurance Co., and
Northern Assurance Company. 3-lyS
IMPORTERS AND WHOLESALE DEALERS
In Fashionable Clothing, Hats. Caps, Boots, Shoes,
and every variety of Gentlemen's Furnishing Goods.
SnoWs Building, Merchant Street, Honolulu. 50-1 r5
1. S. WALKER. 8. C. ALLEX.
IVAXiKEIt Sc AX.EE,
SHIPPING & COMMISSION MERCHANTS,
1 Queen Street. Honolulu, II. I. lyS
E. E. TOKBEBT,
DEALER IN LUMBER AND EVERY KIND
OF BUILDING MATERIAL.
13 Orncr Comer Queen and Fort streets. Iy5
SHIP CHANDLERS AND COMMISSION
Qneen Street, Honolulu. Particular attention paid
to the purchase and sale of Hawaiian Produce.
ureas by rzut issiox to
CL Richards a Co, III UactftU a Co,
C Brewer a Co, C L Richards a Co,
D O Waterman En, Castle a Cooke. 2-lyS
IMPORTER & DEALER IN BOOTS, SHOES,
And Gentlemen's Furnishing Goods, corner of Fort
and Merchant Streets, Honolulu. -Ij5
GROCER AND SHIP CHANDLER,
Money and Recruits furnished to Ships on the most
10 favorable termt lji
Commiiiion Merchant and General Agent,
Importer of Teas and otber Chinese and Foreign
Goods, Wholesale Dealer in Hawaiian Produce, and
Agent for the Pankaa and Amanula Sugar Planta
tions. Fire-proof Store on Xuuann Street, below
AFOSG &. ACIICCItt.
Importerit Wholesale and Retail Dealan
In General Merchandise and China Goods, in the
Fire-proof Store on Xasanu Stret, under the Public
IlalL 43-ly4 -
. C. CKALLAXEL. X. A. HIXME.
CIEVEEA3IEE Sc CO..
IMPORTERS AND DEALERS EN WINES,
Spirits, Ales, ic-No. S, Xnnanu Street, opposite
Merchant Street, Honolulu. 12-lyi
D. H. HITCHCOCK,
IVOTAIt Y IEIIEIC,
IS Hilo, Hawaii. pyi
A. S. CEEGIIOIEA,
WHOLESALE AND RETAIL DEALER
In Merchandise, lire-proof Store, corner of Queen
and Kaahumann Streets. Retail Establishments, on
Nnuanu Street, and on tbe corner cf Fort and Hotel
BHiuux ric. B. a. r. caxiix.
C. IIRE1VEU Sc CO.,
IIOXOLULU, II. I.
ACEVTS-()r the Uoston and Honolulu
AOEXTS-For tlir Make, 'Wallnku and
AGEXTS For the Purchase and Sale of
Island Prodncc. 5-lv5
B. r. EHLEBS. A. JAEGER.
it. i eiiei:rs Sc CO.,
DEALERS IN DRY GOODS AND GENERAL
Fire-proof Store on Fort Street, above Odd Fellows
I A. SCIIAEFEII,
AGENT tor the IlltEJinX HOAItD
Agent fur tbe Dresden Board of Underwriters,
Agent for the Vienna Board of Underwriters.
C. S. IIAKTOIV,
AU CTIO N EE R,
Salesroom on Qneen Street, one door from Kaahn
manu Street. 17-ly5
M. S. GltlAIIAEM Sc CO.,
IMPORTERS AND WHOLESALE DEALERS
In Fashionable nothing. Hats, Caps, Boots, Shoes,
and every variety of Gentlemen's superior Furnlh
Ing Goods. Store in JIaVee'e Block, Queen Street,
Honolulu, H. I. 10-ly5
TURNPIKE STORE CHOICE GROCERIES
Corner of Nuuann A Pauoa Valley Rmis. lMy
JOH II. I'AXY,
Notary Public and Commissioner of Deeds
For the State of California Office at tbe Bank of
Bishop a Co., Kaahumann Street, Honolulu. 2-lyS
II. A. AVIli:.'tIA,
6 Office at the Interior Department, lrl
G. W. AOKTO.Y,
COOPER AND GAUGEE,
At tbe New Stand on the Esplanade.
lie ja prepared to attend to all work in hli line
at the Shop next to the Custom House, here lie can
be found at all working hoars. He bu on hand
and for nale, OU Casks and Barrels of different sizes,
new and old, which he wfll sell at the rerj Lowet
Market IUtes. All work done in a thorough manner
and warranted to pire satiofactlon. Ml kinds of
Coopering Materials and Tools for sale. 1-Sm
i ii. Jc is. .si;ji;i,ii:i;.-,
TIN, ZINC AND COPPER SMITHS,
AKD SHEET IRON "W0HKEES,
Knnanu Street, between Merchant & Qneen.
HaTe constantly on hand. Stores, Pipe, Gal
ftfcf4v Tanized Iron lipe, I'lala and Hose Bibbs,
jnTSfc Stop-cocks, India liubber Ilose bet3-plj,
S5fe 'Q IenSttl8 of 125 and 60 fet, with couplings
Vfill and pipe complete. Batii-Tubs, and also a
Tery large stock of Tinware of erery description.
rarticoUr attention given to Ship-Work. Orders
from the other Islands w ill be carefully attended to.
Thankful to the Citizens of Honolulu and the
Islands generally fur their liberal patronage In the
past, we hope by strict attention to business to merit
the same for the future. 3My5
JAJIUS Is. LEWIS,
COOPER AND GAUGEE,
At tbe Old Stand, comer King & Bethel Sts.
A Large Stock of Oil Shooks and all kinds of Coop
ering Materials constantly on hand. He Lopes by
attention to business to merit a continuance of the
patronage which he has heretofore enjoyed, and for
which ha now returns his thanks. I-3m
J. II. XIIOMISOX,
Queen Street, Honolulu,
Has constantly on hand and for sale at the Lowest
Market Prices, a cood assortment of the Best Refined
Bar Iron, and the Best Blacksmith's Coal. SS-lv5
JSC JtOIT. SAsl'L SOIT.
JOIEV 50TT& CO.,
COPPER AND TIN SMITHS,
Xaahnznann St, one door above Flitner'a,
Beg leare to Inform the public that they are pre
pared to furnish all kinds of Copper Work, such as
Stills, Strike Pans, Sorghum Pans, Worms. Pumps,
etc Also on band, a full assortment of Tin Ware,
which we offer for sale at the Lowest Market Prices.
All kinds of Rrfiairing dune with Neatness and
Dispatch. Orders from tbe other Islands will meet
with prompt attention. l-3m
MR. J. COSTA,
JEWELER AND ENGEAVEE,
Fort Street opposite Odd Fellows Hall,
Is prepared to execute with promptness, all work in
his line of business, such as Watch and Clock repair
Ing. Mannfactorlng Jewelry and Engraving. l-3m
LICENSED SHIPPING AGENT,
Office on James Bob Ins on & Co's Wharf,
Continue the business on hit old plan of settling
with officers and seamen immediately on their ship
ping at his office. Hating no direct or indirect con
nection with any outfitting establishment, and allow
ing no debts to be collected in his office, he hopes to
giro as good satisfaction in the future as he has In
the past. 1-Cm
HOUSE AKD SHIP PLUMB ZB,
King Street, next to tbe Seamen Btbeb
lias on hand, Bath-Tabs, Water-Closets, Wash-Basins,
Force and Lift Pumps, Lead and Oalranized
Iron Pipes, and Plumber's Brass-works. Being the
only Plumber in tbe city, he will execute all orders en
trusted to him in a workmanlike manner. fl-Cm
DICKS OA Sc BOLSTER,
House, Sign & Ship Painters,
King Street, near Xnnann.
Gralninr. 31arbllnr. Gndinc Calsonlntnz.
Paper-hanina-. Ac. ac executed on the
'.hottest notice, and on the most reasonalle
Piano-Forte Maker & Tuner.
AO orders left at the Srne Store of
il. 11. Smith A Ok, corner of Fort and
Hotel Streets, or at Wb. Fischer's
Furniture Booms. Ilotel Street, will
meet Tith immediate attention. 9-mc
PIAXOS and otber Musical
Instruments Tuned and Repaired, br
, jLUAjiLis uajuji, at tne Jiavauan
IiCisons gtrcnonthe Fi&no ct Gnlt.r.
he best of references girea. Sl-Ij5
uox a. ktrriza, jaxis x. aucx
LEOS IS. 7IEVEKS Sc CO.,
IMP0ETEES AND MANUTACTUEEES OF
ITALIAir & AMEEICAH HAEBLESt
Mantels. Grates, Monuments. Ueadtones. Tombs,
Vashstand. Bureau and Counter Tors. Billiard Beds.
Fire Brick., Plaster, Ac, ic 030 lartrt Street, op-
viiwiK buunu, can sraansco, lAi. oo-i .
H. T. IITIIlSCr. c. X. CUU.
SEVEEANCE, CLAEK & CO.,
AKD SHIPPIKG AGEKTS,
405 Front St, corner of Clay, San Frantuco.
We will attend to the sale of Scirand all kinds
ol island lTodoce, also to the pnrchasine: and for
warding of Merchandise. Cash Advances made on
J. c. XUKIIl,
M'CEAKEN, MEERILL & CO.,
Harlne been enzazed in our present btutnMs fir
upwards of t weir e years, and being located In a rire-
prooi itncc UQiHiiDg, we are prepared to recelre and
tlipo-e "f Inland Staples, such as Suev. Sttup. Rlr
Pulu. Coffee, etc., to adraDtage. Coniignments es
pecially souaieu I or iue ureon 3larket, in which
ersonal attention will be paid, and upon which cash
aarances win ie maae wuen requirea.
Charles w Brocks .-.....San Francisco
Badcer a Lfodenberger.
James Wtrick a Co
Wm T Coleman a Co
SteTens, Baker a Co "
Allen t Lewi Tortland
Leonard a Green l-lyS
i;. r. tax ici;i:i,
Ilarlng the best facilities through an intimate con
nection with the Japanese trade for the past eight
years, Is prepami to transact any business entrusted
to his care, with rficnafrh. i-n
n. a. wnxiisis, h. p. blascham), c. b. KOKaiv.
WILLIAMS, BLANCHARD & CO..
SHIPPING & COMMISSION MERCHANTS,
c) 305 Front Street, San Francisco. m
LANGLEY, CROWELL & CO.,
32 Cor. Battery & Clay Sts, San Francisco. 6m
Sail some Street. Sau Francisco.
Extending from Eacrameoto St. to llalleck Street.
HAVIXC IIEEX KECEXTLY IIE.V
orated and newly Furnished, makes it the
most quiet, economical and comfortable FAMILY
HOTEL In the State. Ileing centrally located, It of
fers erery Inducement f jr Uudness Men and the Pub
The Tables will be conttaotly supplied with erery
luxury the market affords. The American Exchange
Coach, with Red Lights, will be at the H banes and
Depots, to conrey passenfrers to the Hotel free.
7-ly5 TIMOTHY S AUG EXT, Prop'r.
B0AED OF UNDERWRITERS.
rSHIK UXDEUSIG.ED Iinvlnp hern
JL appointed Agents for tbe San Fransisco Board
of Cnderwriters, comprising the
California Insurance Company,
Merchants Mutual Marine Ins. Co.,
Pacific Insurance Company,
California Lloyd's, and
Home Mutual Insurance Company.
Beg leare to Inform Masters of Vessels and the pub
lic generally, that all losses of Vessels and Cargoes,
insured by either of the above Companies, against
perils of the seas and other risks, at or near the
Saudwfch Islands will hare to be verified by them.
I -3m II. HACKFELD & CO.
nflHE UXDEUSIC.VED, AGEXTS of
si me aooTe uompany. nare been authorized to
insure risks on Csrco, f rtlclit and nrcsv
ur, by Coasters, from Honolulu to all ports of
i niu urvop, ana t ice Tersa.
II. HACKFELD A CO.
MARINE INSURANCE COMPANY
Of San Francisco.
THE UNDERSIGNED liaving been
apr4nted Agents for the abore Com pan j .are
prepared to issna Policies on Cargoes, Frelgtita
WALKER A ALLEN,
I-3m Arents, Ilonolnln.
rjIIE UNDERSIGNED, AGENTS OF
JL tbe abore Company, hare been authorized to
Insure risks on Cargo, Freight and Treat
are, from Ilonolnln to all ports of tbe world, and
IS-ly H. HACKFELD A CO.
II 31 If I'RG II-B KESIIV
FIEE INSUEANCE COMPANY.
FflHE UNDERSIGNED having been
JL appointed Agents of the abore Company, are
prepared to insure risks against Fire, on Stone and
Brick Oullrilngs, and on Merchandise
stored therein, ou the most farorable terms. For
particulars apply at the office of
S-lji F. A. SCIIAEFEII A CC.
THE AGENT FOR THE BRITISH
Foreign Marine Insurance Company, (Limit
ed), has receired Instructions to reduce tbe rates of
Insurance between Ilonolnln and Ports in the Pacific,
and is now prepared to issue Policies -at tbe Lncut
Ralis, with .special reduction on Freigbt per St earn
ers. THEO. U. DATIFS,
4J-tf Jgcnt Brit. br. Jfar. Inl. Co. (LtmiUJ)
DIPEBI1L FIRE IA'SJJRANCE CO.
Of ondon.-EUllub.ed A. 0. 1803.
CASn CAPITAL, $8,000,000 In GOLD.
TQE UXDEUSiaNED HAVING been appointed
arents of the abore Company for tbe Hawaiian
Islands, are prepared to insure against Fire on Brick,
Stone and Wooden Buildings, and on Merchandise,
on tbe most farorabla terms. For particulars, apply
at the o'fice of
SS-ly WALKER A ALLEX.
CEATEE OF KHAPEA, HAWAII.
THIS ESTABLISHMENT IS 0i
y? now open for tbe reception of Tlsitors to Cf
tbe Volcano House, who may rely on finding com
fortable rooms, a good table, and prompt attendance.
Experienced guides for the Crater always on band.
STEAK ASH STJLPHUB BATES !
Horses Grained and Stabled if Desired
Parties risking tbe Tolcano via nflo, can procure
animals warranted to make tbe Journey, tr D. II.
Hrrcscocx. Esq. 37-ljS.
NT'S HANDLED AXES.
t quality. For tale by tha rase or reta,
(l-3m) BOLLES A CO. 1
3I0RE TILLV 100,000 PERSONS
nun lESTisioxr io
The Wonderful Curative Effects of
Dr. Joseph Walker's
CALIFORNIA VINEGAR BITTERS!
THE GEEAT BLOOD PUBIFIEH.
"Tie Life of all IlttK ii the Blood thereof."
rarity the Blood, and tbe health of the
whole system will follow. It is a uentle rnr
catire, as well as a Tonic.
These Bitters are not a gilded pill, to de
light the eye or please the fancy, but a Medi
cal Preparation, composed of the Best Vege
table Ingredients known.
CUante the Vitiated Blood, whenever you
find its impurities bursting through the skin,
in Pimples, Eruptions, or Sores; Cleanse it
when you find it obstructed or sluggish in the
Vein; Cleaiue it when it is foul, and your
fetltngi will tell tell you wben. Keep tbe
Blood healthy, and all will be well.
Dyspepsia or Indigestion,
Headache, Pain in the Shoulders, Tightness
of the Chest, Coughs, Dizziness, Sour Eructa
tions of the Stomach, Bad Taste in the Month,
Bilious Attacks, Palpitation of the Heart, In
flaiaation of the Lungs, Copioas Discbarges
of Urine, Pain in the Region of the Kidneys,
and a hundred otber painful symptoms, are
tbe offspring of this Dyspepsia. For these
troubles, take Dr. Walker's Vinegar Bitters,
and quickly all painful symptoms will disap
pear. It Is a Oentlo Purgative.
As well as a Tonic, possessing, also, the pecu
liar merit ot acting as a powerful agent la
relieving Congestion, or Infiamation of the
Liver, and all tbe Visceral Organs. In this
respect, these Bitters bare no equal.
For Female Complaints,
Whether in tbe young or old, married or sin
gle, at tbe dawn of womanhood or the turn of
lire, these Tonic Bitters display so decided an
influence, that a marked improvement is soon
perceptible in the health of the patieDt.
For Inflammatory Bheumatism,
Chronic Rheumatism and Gout, these Bitters
hare been most successful. They are caused
by vitiated blood, which is generally produced
by derangement of the Digestive Organs.
Pin, Tape and other Wormt, lurking in tbe
system of so many thousands on the Pacific
Coast, are effectually destroyed and removed.
Morbid Condition of the Blood.
This is the fruitful source of many diseases,
such as Tetter or Salt Rheum, Ringworm
Boils, Carbuncles. Sores, Ulcers.l'imple,and
Eruptions of all kinds. For the cure of the?e
various affections, which are merely symptoms
of a Morbid Condition of the Blood, medical
science and skill have not, as yet, discovered
a Blood Purifier equal to Walker's Vinegar
Diseases of the Blood,
Liver, Kidneys, and Bladder. It thoroughly
eradicates erery kind of humor and bad taint,
and restores the entire system to a healthy
condition. It is perfectly harmless, never pro
ducing the slightest injury.
Bilious Eemittent Fevers,
And Intermittent Fevers, which are so preva
lent in the Valleys of the Pacific Coast, during
the Summer and Antumn, and especially dur
ing.seasons of unusual heat and dryness, are
invariably accompanied with extensive de
rangements of tbe Stomach and Liver, and
otber abdominal viscera. There are always
more or less obstructions of the Liver, a weak
ness and irratable state of tbe Stomach, and
great topor of the Bowels, being clogged up
with vitiated accumulations. In their treat
ment, a purgative, exerting a powerful influ
ence upon these various organs, is essentially
necessary. There is no cathartic for this pur
pose equal to Dr. J. Walker's Vinegar Bitters,
as they will speedily remove tbe dark-colored
viscid matter with which the bowels are load
ed, at the same time stimulating the secretions
of tho Liver, and restoring the healthy func
tions of the Digestive Organs generally. The
nniversal popularity of this valuable remedy
in regions subject to miasmatic influences, is
sufficient evidence of its power as a remedy in
For full directions, read carefully the circu
lar around each bottle.
For sale by all Druggists and Dealers.
B, H. McDONAXD & Co.,
Druggists and Agents, corner Pine and San
some Streets, San Francisco, Cal., and Sac
ramento, Cal., and 34 Piatt Street, V. Y.
GEORGE C. UcLEAH, Agent,
16-Smc Honolulu, H. I.
IS 'fi-J iiq SO?
Sound Ilealth to be obtained at last !
The way to obtain Sonnd Health t
1ST-C1.EANSE the Stomach from
all onensive accumulations, wbkh so usually pro
duce functional derangement vitiating the food.
2nd Purify the Blood from all acrid and corruDt
humors, and you will remore tbe causes of tbe great
est mass of the diseases which afflict so many of tbe
A RE9IEDI, nrored br thlrtr rears experi
ence, capable of effecting such a desirable and im
portani purpose, is stiu txtore tne public In .
VEGETABLE PCRIFIIXG PILLS.
This Famous Hedidne lias prosed its ralue In Dis
eases of the HEAD, CIIEST, BOWELS, LIVER, and
iuuuiit uiiujiAa, mii.-ts.ic, ac. Also, in
BHEC3IATISM, ULCERS, SORE?, aud SKIX DIS
EASES it being A DIRECT PURIFTER OF THE
BLOOD and otber fluids of the human body.
Ste UandlilU given avay ly Jgenti.
Prepared and sold, wholesale and retaiL in boxes.
price ;$d. Is. 1541, aud 2s. Sd. each, by O. WHELP
TON A ?O.V, 3 Crane Court. Fleet Street, Londoo,
And may be had of Mr. J. T. WATERIIOL'SE, Hono
lulu, and of all Chemists aud atediciue Tendon in
Great Britain and the Colonies.
The undersicned has heard so much In praise of
WHELPTOVS SAFE TIMETABLE PILLS from par
ties who bare used tbem, that be can recommend
them with perfect confidence.
My J0HH THOMAS WATEBHODSE.
O. 1 and COOI.IE RICE always
ou hand and for sale by
l-3m WALKER A ALLEX, Arents.
HTJUBUCK'S PATE ST ZlJfC PAIXT
Tbe best article of the kind Imported. For
sale by (l-On) BOLLES A CO:
TJEST ESGLISH Boiled Paint Oil.
For sale by
BOLLES A CO.
tbe genuine article, per I0LAXI. For sale
by (1-31 BOLLES A CO.
Supreme Court, Hiiivull'in
July Term, A. D. 1809.
The Sing rs. Henry CormctU.
Complaint under Co. 37, Penal Code, for
levying a common nuisance by obstructing a
certain public highway jpon the Island of
Maui, by erecting or maintaining fences
across tbe said highway.
At the trial before the Circuit Conrt at La-
h&ina,atlhc last June Term, the Jury rcn
dered a verdict of guilty. The defendant's
exceptions are set forth In tbe opinion of tbe
Hartwell, J.; Vte will first consider
whether the Circuit Court properly declined
to entertain the defendant's motion for anew
trial. This question arises now for the first
time, although tbe jurisdiction seems to have
been conceded by tbe practice cf tbe Circuit
Courts in bearing, and uniformly overruling,
such motions, on which tbe Appellate Conrt
The English and American rules differ In
regard to new trials. It is the rule In Eng
land, never to grant a new trial, on the merits,
In cases of felony, and that in no case has an
Inferior Court this power, unless for irregu
larities. The remedy was by appeal to ex
ecutive clemency. The King vs. Mawbrey,
C Term, CSS; Same vs. Oxford, 1G East., 411;
Blacqutre vs. Hawkins, Dong., SS0 ; Rex ve.
Peters, 1 Bur., 572; Hex vs. Whltcbouse, 18
E. L. & E., 105. It is generally held. In tbe
United Slates, that tho Courts have the right
to grant new trials in any case, civil or crim
inal, by virtue either of express statntes,
general jurisdiction, or Constitutional law.
2 Bennett & Heard's Lead. Cr. Cas., 404.
The Constitution of this Kingdom pro
vides that "no person shall be subject to
punishment for any offense, except ou due
and legal conviction thereof, in a Court hav
ing Jurisdiction of the case;" Art. 0. This
Court has, under the Statutes, "the general
superintendence of all Courts of inferior ju
risdiction, to prevent and correct errors and
abuses therein, where no other remedy is ex
pressly provided bylaw." Sec. 830, Civ. Code.
Sec. 115G, lb., provides (or motions for new
trials, without restrictions as to tbe Court in
which they may be beard; but reference to
the previous section shows that civil cases
only are thus provided for. By Sec 11S4, lb.:
"In all criminal cases, here the puulsbment
is less than capita, tbe Court before whom
the conviction is bad shall proceed, as soon
thereafter as may be, to pass sentence." This
Section is to be construed with Sec 1177, lb..
which allows sentences to be respited, on tbe
grantlngof motions in arrest of judgment, and
stay of execution for cansc This Court has
never hesitated to grant new trials whenever
it appeared that tbe accused did not have-a
fair and legal trial, according to the laws of
the land. But this right In criminal cases Is
not expressly granted to tbe Circuit Courts,
although their jurisdiction Is precisely and
fully defined In the Statutes. It wsb argued
that tbe Circuit Courts have general and un
limited jurisdiction In cases cognizable before
them, and that this power Is to be regarded
as Inherent in their general powers, and as
essential to the furtherance of justice. But
as a new trial can be obtained In this Conrt,
It is unnecessary that tbe Circuit Court
should assume a power not granted. There
are reasons why this power, in criminal cases,
is confined to the Supreme Court. Tbe rule
In civil cases requires that a verdict be given
to the side on which the evidence pre
ponderates, but .in criminal cases, the evi
dence should present and admit no reason
able explanation of tbe offense other than
tbe prisoner's guilt: in tbe latter class of
cases, the appellate conrt can easily deter
mine whether tbe evidence supports the ver
dict. No exception, it Is held, lies in favor
of the prosecution. Tbe public, then, in con
sequence of this want of mutuality, are the
more interested that verdicts bu set aside
only upon well-ascertained and uniform prin
ciples of law, and after mature deliberation.
Neither Court nor counsel, at the circuit
can refer largely to legal antboritles, and
the public Interests wonld snfter by a va
riety of rules and hastily formed decisions
In granting new trials. Nor can tbe acensed
suffer in bringing his exceptions here, after
any temporary excitement against him has
bad time to subside, and after his counsel
have bad time to prepare their briefs. Tbe
Courts, in (heir rulings at tbe trial, will be
none the less cautions to avoid errors, irom
the knowledge that they can not order a
Under Sec 836, Civ. Code, as always
construed, the defendant may bring to
this Court bis exceptions to all tbe rulings
of the Circuit Court, whether upon points
made during tbe trial, or subsequently, In
cluding refusals to arrest jndgrcent for error
apparent on the record, or to stay execution
for cause. In deciding upon the excep
tions, tbe Court may pass sentence, remand
for sentence or execution, or for new trial,
or acquit. Com. vs. Peck, 1 Met., 42S The
ruling of the Circuit Court, declining juris
diction, is accordingly affirmed.
Wben tbe evidence for tbe prosecution was
closed, tbe defendant's counsel moved tbe
Court to Instruct tbe jury to acquit, on the
grounds, 1. That the allegation in tbe com
plaint is not sustained by proof. 2. That
there Is no proof of a dedication of the road
in question. 3. Because the only fence that
defendant erected was tbe wire fence on tbe
Nowline land, which be bad a right to erect
4. Because tbe obstructions In tbe road are
maintained under an injunction from the
Chancellor of the Kingdom.
It is impossible for this Court to decide
whether there was legal evidence to show
a dedication of tbe land for a public road, as
tbe Bill recites only that portion of the evi
dence referring to tbe ownership of tbe land,
tbe location of tbe road, and to tbe Injunc.
tlon. By tbe evidence reported, it seems
that several witnesses, wben asked to name
all the land-owners, did not name Nowline,
but that a native witness said that tbe road
went "on to" Nowline's land, and some
discussion arising as to what this witness
actually said in Hawaiian, tbe Court left it
to tbe jury; and that Mr. Alexander testified
that tbe land, " where It enters the Wailnkn
road, belonged to Nowline, and is now owned
by Mr. CornwelL" We think, on this evi
dence, and under tbe instructions, hereafter
to be referred to, this matter was properly
left to the Jury.
The order of Injunction referred to In the
Instructions prayed for, was Issued March
S3, 1S63, by tbe Chancellor of the Kingdom,
enjoining Thomas W. Everett and his agents,
etc, from Interfering in any manner with tbe
fences now claimed by the prosecution to be
an illegal obstruction to the highway, and
referred to In the said order as the defend
ant's property. The restraining order, citing
said Everett to show cause why the injunc
tion should not be made perpetual, was read
at the trial. The defendant's sworn Bill for
this Injunction was attached, and the fact
that it was attached was in evidence, but the
Bill was not read to tbe jury. This order,
obtained as such orders usually are, upon an
ex parte bearing, was no justlScatlou of the
defendant's own action In regard to the
fences, and was no authority for him to con
tinue lo maintain them as a nuisance. No
such mode of legalizing a nuisance was ever
heard of, or can for a moment be admitted.
Wben the testimony was all In, the de
fendant's counsel requested tbe Court to
give to tbe Jury the following instructions,
which were given, but with tbe modifications
as set forth:
1. "That unless they find upon the evi
dence that the road in question was legally
laid out and opened, and tbe land over
which It runs was dedicated by the owners,
Manu, Humphreys, CrOwningburg, and Now
line, for the use of the public, they will find
tbe defendant not guilty;" modified by the
Conrt, "with the law as laid down in Green
leaf ou Ev., upon Presumptions offset as to
regularity of proceedings, ifcc"
2. "That unless they find from the evi
dence, that tbe owners of the land over
which the road runs, dedicated, by some
clear and manifest act, without the intention
of reclaiming it, they will find the defendant
not guilty," modified by the Court, "But
knowledge of, or acquiescence In public user,
if continued for a sufficiently long time,
wonld bo evidence to show such intention to
3. " That unless they believe from the evi
dence, that Nowline consented to the road
running over his land, then as Corn we'll had
tbe right to place the wire fence on said land
which he purchased of Nowline, on the Wal
lnku road, they will find tbe defendant
not guilty:" Modified by the Court, "pro
vided they find that tbe road actually went
over Nowline's land."
4. "That It they find from tbe evidence,
that tbe fences arc now maintained by a re
straining order or temporary injunction from
tbe Chancellor of tbe Kingdom, then it is
not the act of the defendant, and they will
find blm not guilty:" Modified by the
Court, " unless they find that since Everett
took down (or put up) tbe fences, the de
fendant has actually erected, kept up or main
tained tbem himself."
5. " That the dedication of a road to tbe
public over waste and unenclosed lands, ought
not to be inferred from bare user alone.
Therefore, unless they believe from tbe evi
dence, that there was an express or implied
dedication of tbe road by the owners of tbe
land, including Mann, Humphreys, Crownln
bnrg and Nowline, they will find defendant
Tbat tbe acts of Crownlnburg, Hum
phreys, and the owner of the land In Waika
pn, by the erection of fences or the placing
of gates over and ou the road, arc circum
stances to rebut the presumption of dedica
tion :" Modified by the Court, " unless they
find that tbe land was actually dedicated fur
a road, before those acts."
7. "That tbe failure to work on and keep
tbe road In repair, by the proper antboritles,
and tbe authorities not requiring a removal
of the obstructions, are circumstances going
to disprove tbe presumption of dedication :"
Modified by the Conrt, "If resting on dedi
8. "If the jury entertain a reasonable
doubt of tbe guilt of tbe defendant, tbey will
give blm tho benefit of tbat doubt, and find
him not guilty."
Exception was also taken to tbe In
struction given by tbe Conrt, "tbat if
tbe jury considered in evidence, tbe sworn
bill for Injunction of defendant against Ev
erett and others, it was conclusive as to the
fact of erecting and maintaining the fences,
tbe nuisance complained of, up to the time of
obtaining said Injnctlon."
It was argued tbat tbe instructions should
have been given in the form as prayed for,
and not with snch modification and further
instructions as would destroy tbe effect
sought. But such is not the law. Tbe ques
tion is, did tbe instructions as given, when
compared together, correctly state tbe law
npon the subject ? Adams vs. Nantucket, 11
Tbe Instruction given in regard to tbe force
of tbe defendant's act In obtaining an injunc
tion, was correct. The defendant now Insists
upon bis legal right to continue these very
fences by virtue of his ownership of all the
land over which tbe road runs, and which be
claims was never legally dedicated for the
purpose of a public highway. His defence
Is, "I bave not erected or maintained these
fences, and if I have, I bave a right to do
so." This defence is correct by our rules of
pleading, but no Court, on failure to sus
tain a plea in justification, would allow
tbe defence of general denial. Wben the
defendant prayed for an injunction, be
claimed bis legal right to bave tbe fences
kept in their then condition, and presented
bis claim in as solemn form as he could.
Of course, he is not held answerable for what
ever Everett may have done in the premises,
and the Jury were rightly told to acquit unless
tbe defendant had maintained tbe fences
since Everett's action concerning tbem.
The law of dedication by long continned
public user, with tbe knowledge and acqui
escence of tbe owner of tbe land ; tbat land
once legally dedicated to tbe public Is be
yond the owners control, and tbat non-riser
on tbe part of the public destroys only tbat
kind of presumption of dedication which is
based upon public user, was correctly laid
down by the Court, In their Instructions.
Angell on Highways, (s. 142, etteq-) Wash
burn's Easements and Servitudes, (ed. 18871
Sec 5. ' '
"As all tbat is requisite to consti
tute a good dedication Is, that there should
be an Intention and an act of dedication on
tbe part of tbe owner, and an acceptance on
the part of tbe public, as soon as these con
cur, tbe dedication is complete. Ordinarily,
there is no other mode of showing an accep
tance by the public of a dedication than by
Its being made use of by them, and this
must be sufficiently long to evince such ac
ceptance, depending of course upon the cir
cumstances of each case, and In no
case, has the time been measured by that
required to create a prescription.
Wben tbe dedication is accepted, it takes
effect and the owner of tbe soil is thencefor
ward excluded from asserting his ancient
rights." (76. p. 183.)
If publio user be the only evidence of dedi
cation, it must continue, for a much larger
period ; what that period should be, has never
been definitely settled here. In 1836 this
Court, in Kooke vs. Nicholson, I, Haw. 233,
expressed the view that the uninterrupted use
of a way from the time of tbe organization of
the Government in 1348, would establish a
right by prescription. " SufBeient thus has
now elapsed under the present form of Gov
ernment to warrant ns In adopting tho general
rule in England and the United States, of
twenty years. This rule is the more applica
ble here, where roads often run through waste
or unenclosed lands. We mult presume that
there was evidence in this ease to sustain the
verdict in regard to dedication, either by suf
ficient lapse of timo or by express sots, al
though we are not informed what that evi
A motion in arrest of judgment, was also
made by the defendant's counsel, on the fol
lowing grounds :
1. That tbe defendant was not found guilty
of any offence in the law.
2. That tbe verdict is contrary to See. 8, Ch.
37, Penal Code.
3. That tbe verdict Is so imperfect and de
fective, that no judgment can be riven upon It.
The section In the Penal Code referred, Is
as follows : "The offence of common nuisance
js of two degrees, and tbe degree Is to be found
by the jury, or determined by the Court or
magistrate authorized to decide on tbe facts ;
and so also, the degree Is to be determined by
the Court before which proceedings are had,
wbero the facts charged are admitted by plea
This motion was overruled, and the Court
sentenced tbe defendant to pay a flue of twenty-five
dollars, which is within the penalty
provided (in sec. 10,) for the second degree.
The original complaint was brought gener
ally, under ch. 37. In tbat chapter, the of
fence of a common nuisance is defined, and
certain specified acts are declared to consti
tute the offence. The object of determining
tbe degree is solely to fix the penalty within
certain limits. The defendant suffered noth
ing by receiving judgment for the lowest de
gree.' No objection to the form of the verdict was
made at the time it was rendered, when the
jury might bave amended, by inserting the
degree. Tho finding of tbe jury is, that the
defendant's acts are a oommon nuisance, but
tbey do not specify its degree. A verdict is
bad, which finds only part of the Issue, and
if so imperfect that no judgment can be given,
it must be set aside. "But if the matter and
substance of tbe issue be found, it is sufficient."
1 Inst. 227.
In Foster vs. Jackson, Hobart, 51, it is laid
down, that "howsoever the verdlet seem to
stray and conclude, not formally or punctually
unto the issue, so as you oannot find the words
of the issue in the verdict, yet if a verdict
may be conoluded out of It to tho point In
issue, the Court shall work It into form and
male it serve." In a general verdict on an In
dictment of several counts, or on several counts
for the same cause of action, some of which
are defective, the Court will presume that the
verdict was based upon such counts as are
good. Porter vs. llnmmery, 10 Mass., 81 and
note. Pettes vs. Bingham, 10 N. II. 14.
It is no presumption of fact to say, that the
verdict rendered on this complaint meant
something, that is, it meant either tbe first or
second degree of tbe offence. No injustice
was done, and no rule of law was violated by
awarding, in this verdict, the penalty for the
Finally, was tbe jury that tried the ease,
In an indictment for murder, the panel of
foreign jurors for the same term of Court,
had been quashed, upon plea of challenge
to the array, on tne ground tbat the jury
bad not been drawn and summoned accord
ing to law. When the Attorney General
moved that a jury be. empanelled to try the
present case, the defendant's counsel objected,
on the ground that no jury had been properly
drawn and summoned, and therefore there
could be no talesmen, and the Court had no
power to summon a jury of talesmen, until a
lawful panel was exhausted. The Court, how
ever, decided, that as duly summoned jurors
did not appear, the sheriff should summon
from the bystanders or the Circuit at large,
twelve good and sufficient men to act as jurors
in this ease, under sec. 1199 of tbe Civil Code,
which was done accordingly, to which ruling,
as well as tothe jury being sworn to try
the case, against the objection of the defend
ant's attorneys, exception was duly taken.
It has been the practice here to regard the
statute requiring that the names of thirty-six
jurors be drawn by the clerk, at least twenty
days before the term, as merely directory. In
capital cases, tbe statute gives the prisoner's
eouniel tbe right to be informed of tbe names
of the persons so drawn, who are to sit in his
case. If any hardship resulted from daisy in
the drawing, it might be good eause for grant
ing a continuance of such case until the fol
Section 1199 of tbe Civil Code, reads:
"Whenever a sufficient number of jurors, duly
summoned, do not appear, or cannot be ob
tained to form a jury, the Court may order
the Marshal or his deputy, to summon from
among the bystanders or the circuit at large,
so many persons, qualified to serve as jurors,
as shall be sufficient." Section 1193,76., pro
vides that tbe clerk shall draw the jury "from
tbe names of such persons as bave been duly
summoned to attend as jarors." It was ar
gued that that no trial could legally be held
unless there had been a duly summoned jdry,
whose names bad been first called, before the
summoning of the talesmen. 1'n no respect Is
the law more nice, than in, securing to all, a
legally constituted jury. To prevent the dan
ger of packing juries. It was provided' that
parties should bave tbe benefit of a trial be
fore " twelve good and lawful men," drawn
by the clerk of the Circuit Court, from but of the
thirty-six names previously drawn by the clerk
of tbe Supreme Court. It Is true that no statute
can ensure the attendance of the persons 10
drawn, and those who attend may prove to be
disqualified, or in capital eases, may be retired
by peremptory challenge of tbe defendant.
But tbe defendant was entitled to bare the
number of jurors required by law, duly turn
moned, before a tola could be granted. The
Constitution guarantees tbat tbe right of
trial by Jury "shall be held Inviolable for
ever." It Is Incumbent upon tbe officers' of
Ihe Government to see that a jury be duly
summoned ; then, and not before. In case of
tbe necessity arising, tbe by-standers may be
summoned. In tbe manner provided In tbe
Statute. It Is Immaterial whether, in this
case, tbe defendant was prejudiced by the
tbe course adopted in regard to tbe jury; we
must consider whether, In any cast, injury
-sight not result, before we can overrule thU
exception. We are of opinion that tbe jury
was not legally formed.
This question was preliminary to those
first considered, but all the defendant's ex
ceptions bave been passed upon, is order
that tbey may not trise again.
Exception taken, and new trial ordered.
R. II. Stanley and W. C. Jones, for de
8. H. Phillips, Attorney-General, for the