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ELIZABETH K. LITOA, BY HER GPASDIAS
J. D. ROBIXSOS, . . L D0WSETT
Before ItAr.Ris and Jcdd, J.J. January
Term, 1875. Motion for new trial.
At tlic trial of this cause the plaint in"
recovered a verdict against three of the
defendants. Of these defendants Kaati
moana and Keahi her husband, now move
to set aside that verdict, and that a new
trial be granted on the ground of newly
discovered evidence, in their case.
The case went to trial before a jnry at
the October Term, the defendants being
put upon their title. There was no ques
tion that the original title was in the an
cestor of the plaintiff ; and the defendants
claimed by virtue of a deed from his late
Highness Maiaio Kekuanaoa and her late
Royal Highness Princess Kamamalu, but
they showed no deed to their grantors,
and now they come forward with a deed
from the administrator of the estate of M.
Lipoa to their grantors, made in pursu
ance of a legal order of sale, which if it
had been presented at the trial would have
been a good defense to the action, for so
much of the land as is included in the de
scription in the said deed.
The defendants' counsel in their affida
vit sav, that this is newlv discovered evi
dence and was found among the papers of
the late .Ylataio Kekuanaoa, and was un
recorded. We are at a loss to know how
the defendants expected to make good
their case, without showing the right of
their grantors in the property, and if the
deed to their grantors was unrecorded,
where could they have gone to have made
a " diligent search " if not to the represen
tatives of the grantor or those having
charge of their papers ?
If the defendants had not had time to
search for this deed, before the trial came
on, an averment to that effect, ami that
they expected to obtain it, would have
easily procured them a continuance over
the first term.
It is a very serious question as to how
much the Court ought to relieve against
the negligence of attorneys; sometimes
it has been held that a new trial would be
granted, when it appeal's that an attorney
is unable to answer in damages to his
client, and when he is so able, to leave
the client to a suit against his attorney for
Inasmuch as the plain and manifest dic
tates of justice (14 Pick., 494) in this case
require that these defendants should have
relief, we prefer to grant them anew trial
rather than leave them to the circuitous
course of an action against their attorney ;
but we do it with reluctance, lest this
decision may be taken as an encourage
ment and shield to negligence.
Under all the circunjstanees of this case
a new trial will best promote the ends of
justice, and it is granted on terms of pay
ment of plaintiffs' costs up to this datox
and these costs shall not be recovered in
any judgment that may be had in this
E. Preston for plaintiff ; W. C. Jones
Honolulu, January 16th, 1875.
Cba& C. Harris,
A. Francis Judd.
ELIZABETH KAUWA, othcrwix ELIZABETH
KA UWA LIPOA, by J0UX It. ROBIXSO.V,
HER OVAHDIAX, vi. JAMES 1. DOW
SETT A WD OTHERS.
In Ranco, before Harris and.Tuon, J.J.
Mr. J usticc Harris delivered the opin
ion of the Court.
This case came on for hearing at the
last October Term when evidence was in
troduced on behalf of the plaintiff tending
to show that Madison Lipoa and Julia Moe
malie were the heirs of Lupe, the former
owner of the land in dispute in this action,
and that the plaintiff was entitled thereto
by virtue of the will of the said Madison
Lipoa and of a conveyance from the said
Julia Moeraalie, and that the several de
fendants were in possession of the said
land ; and evidence was also had on behalf
of the defendants, and it was admitted on
behalf of the plaintiff, that the several
defendants, Henry Marsh, A. J. Kinney,
Virgil Thompson", W. G. Woolscy, Ailo
loalii (k.), Augustine Enos and Kepahoni,
were in possession of portions of the said
land, and that they claimed to be entitled
thereto by virtue of three several warran
ty deeds dated respectively the 8th day of
July,! 859, from the said Madison Lipoa to
James I. Dowsett, Leonard Mitchell and
others, and Kapono (k) ; and the said de
fendants also put in evidence an order
made by the Hon. G. M. Robertson, the
then First Associate Justice of this Court,
sitting in probate, dated the 10th day of
September, 1858, authorizing the said
Madison Lipoa, as the administrator of the
estate of the said Lupe, to sell a part of
the land in question by public auction to
pay the said intestate's debts."
It does not appear from the record that
there was any confirmation of sale by the
Court subsequent to the land being offer
ed for sale, and the Court being asked to
charge that the deed was not good for
want of confirmation of the sale, by the
Court, declined so to do; but instrncted
the jury that the deed would be good
without any express confirmation by the
Court subsequently. The statute does
not require any such confirmation, and
the order of Court, which is exhibited to
the Court, contains no direction that the
sale should be reported for confirmation
before the deed should be given. And,
moreover, it does not appear to have been
the practice of the Court at that time to
have a special sitting for the confirmation
of sales at all times, and the authority to
sell being shown and a deed subsequently,
it is to be presumed that all the other in
tervening steps were properly made. And
we therefore think that the instructions of
the Court to the jury in this respect were
But in argning these exceptions, it was
urged that the deed to which reference
was had, did not on its face show that the
sale was made by Lip03 as administrator,
and in consequence of the order of Court;
but that it appears that the deed was
made rather as the sole heir to Lupe,
which he was not, for his sister was co
heir with him.
By referring to the exceptions them
selves, it does not appear that this point
is raised by them or that the judge was
asked to instruct the jury on that point ;
and therefore this point cannot be taken
We understand the force of the judge's
instructions regarding Dowsett's fence
(which are certified up) to be, tbat it was
a matter of. no consequence where Dow
sett's fence was located, for the reason set
forth in the exceptions. We think that
such instructions were correct, for the
question for the jury was only whether
any land, and if any, how much land had
been conveyed by Lupe's administrator
to Dowsett, and toe deed recites that the
boundary on the side in question is Dow
sett's land, that is to say, along the land
owned by Dowsett previous to his pur
chase. The intention was to sell to Dow
sett all the land up to his line, and the
effect of the deed is to convey it.
If the courses and distances run do not
accurately coincide, still the conveyance
is to Dowsett's line in terms.
Chas. C. Harris,
A. Francis Judd.
Honolulu, January 29th, 1875.
Prom the New Vnrk nerald.
Niftinn; the- Scandal.
Mr. and Mrs. Beech er came into Conrt
as usual about the time the audience was
all collected. Mrs. Beecher wore a black
cloth dress, quite warm and elegant, and
a blue shawl, which she removed after a
time, and also her bonnet, wearing for a
headdress a blue and black cap, which
gave her the appearance as we have pro
bably said before, of Mme. PArehidue.
She has not changed her quiet, honsehold
manners, a trifle censorious as the varying
shades of the evidence affect her incredu
lity or resentment, but her grown up sons
grouped around her, sometimes exchange
words and smiles with her. Thoy are at
tentive good-natured boys, particularly
the younger ones, who do not seem to
have any melancholy or awka-ardncss as
to the revelations so closely touching
their father. One of them appears to be
reporting, and does it very soberly, with
a clear, conscientious face. Another young
Beecher sits by his mother, sometimes
with an arm around her, like the pet Iamb
of the household. Colonel Beecher who
is more mature, but not so interesting to
look at, being grave and staid, keeps very
closely by his mother, and has once
brought his wife to Court. A few years
ago these young men were familiar friends
and pets of Theodore Tilton. Between
them and himself now rolls a strait, invisi
ble but wide and stormy, and strewn with
bitter words, souvenirs contemned and
dark insinuations, which will descend t
posterity, and divide the judgment and
wonder of succeeding times.
NOUODY PRESUMES THAT THIS TRIAL WILL
It is not so regarded by any honsehold
in Brooklyn. If by any powerful evi
dence the reliability of Moulton could be
completely broken, and liltons private
life proved grossly immoral, still there
are the documents which have puzzled
the world. On the other hand, the plain
tiff and his friend arc indissolubly mixed
with the chicanery of the case, and for
generations people will discuss the pro
priety of a husband condoning an adul
terous wife's offence, and even taking din
ner with her seducer, and a friend who
undertakes the subtle task, in the inter
ests of honor, to compel truce and cover
over such a crime. It has been suggested
that, aware of Tilton's combative and per
severing nature, Moulton measuring up
the chances was more afraid of his enmity
than of Beecher's ; but this is not proba
ble. The testimony of Mr. Beecher before
the Church Committee, identifying Moul
ton with Tilton, and using the term black
mailers, brought on the open rupture.
But for newspaper interviewers last Sum
mer Moulton's second statement might
never have appeared The heated parti
sanship of the newspapers, driving each
of the three men, was a powerful retroac
tive instrumentality. Moulton was inter
viewed out of his hidden feelings in the
case and placed in a position where he
could not deny them. Then the lawyers
directed .Mr. Beecher to tell the whole
story, discriminating neither man from
the other. It was perfectly consistent
with the state of his mind that he should
have beheld Moulton, at the moment, to
be the cunning capturer of his correspond
ence and most confidential writings, and
still all tho while the chum of Theodore
Probably no case ever occurred since
the trial of Alexander, alias tho Earl of
Stirling, for forgery, related in " Warren's
Memoirs," where "there are
SO MANY PLAUSIBLE SIDES,
All contrary. This is evident from the
general fact that everybody is perfectly at
ease. Mr. Tilton laughs at the jokes, eats
like a wood sawyer, takes his ride and his
glass of sherry, and prepares his case
every night with the coolness of a night
editor getting up the day's news. Mr.
Moulton takes the witness box, laughs and
argues at recess, foils counsel, and is a sort
of Don Ca?ser de Bazan in general. Mr.
Beecher has a little levee every day, and
sits in Court with all his family, as at a
pantomime. Mrs. Tilton is looking very
well, and attends the trial with her veil
raised, and seated amdng her friends,
hears everything with the impartial inter
est of a spectator Plymouth Church ral
lies aronnd the pastor. Other preachers
come in and chat and laugh with Mr.
Beecher, though nobody knows at the
time what their prejudice is. And still
there must be hearts in the case suffering
somewhere, though for the moment the
intellectual contest supplants the heart
ache. There mnst be nights and rainy
days, and hours of mourning before rising,
when some or all these people feel the
question rise, Cui bono f Does it pay to
be in this contentious publicity either as
sufferer, iujurer, or associates ?
Must find in this trial very strong, if
unpalatable, mental food. His compre
hensive, wise mind may feel some com
pensation in this period when he is truly
a man of sorrows and acqnainted with
grief by the compulsion he has to gauge
the capacity of the heart to endure and
be strong. We may expect in the future
more powerful compositions and a more
subtle human analysis from his tongue
and pen. That he is to preach as long as
he lives is certain, without regard to the
findings of juries; for his faithful people
fold him round, both rich and poor, and
cling together with the more courage be
cause a part of the world has held them
to a principalship with their Pastor for
believing in him. A very strong and a
very good face in that Court-room is Mr.
Halliday's, the Assistant Pastor. His fine
head and white hairs, and his expression
of perfect faith and serenity, with a moral
purpose gleaming through all, might be
come an apostle.
The Law and Jim. Tilton.
There is one feature of the Beecher tria 1
that appeals to the chivalry, the generos
ity, the sense of justice of every man wor
thy of the name. It is that Mrs. Til ton
is not allowed to say one word in her own
defence, whatever accusations may be
heaped upon her by her husband or any
one else. True, she is not on trial, as is
Beecher, yet she is on trial by the public,
and that the public will make up its ver
dict based npon testimony given by her
husband, who, to gain his snit, swears
away his wife's reputation. And although
the jury may exonerate Beecher, it will
not necessarily do awav with the suspi
cions which her husband's testimony and
that of a few others, have thrown upon
her. Day after day she sits in that trial
her moral trial hears whatever may be
testified to concerning her, no matter how
great the falsehood, and yet she is not
permitted, under the New York Code of
Laws, to go upon that stand whence the
arrows have been shot which may destroy
her character and her life ; and yet she
must hear it all in silence and without re
dress, when perhaps the opportunity of a
minute on the witness stand will make the
whole story clear.
This may be all right, but we fail to sec
the justice, the reason or the common
sense of it. Why a woman's honor may
be allowed to be attacked with impunity
by her husband, or any one else, and she
be barred the right to testify in her own
vindication, is more than wc can under
stand or appreciate as cither necessary or
just toward any one. It seems a most
lamentable failure in the New York Code
that allows a woman's moral character to
be attacked and ruined so far as testimony
may ruin it, and she not be allowed to
testify a word in her own defence. Yet
this appears to be the law and the prac
tice. The theory seems to be that it
would be dangerous to allow a wife ac
cused, as these charges against Beecher
do accuse her, to testify, because she
might be in collusion with her husband
for the purpose of extorting money. And
so, upon such an assumption, her reputa
tion may be irretrievably made infamous,
and she, although hearing the inlamous
falsehood, may not say a word to save her
character troru the enects ot slander, how
ever atrocious. We do not think that the
common conscience of mankind can re
ceive this as good law or correct policy.
We believe that a law such as this, that
allows a husband to testify against his
wife's virtue, although he knows literally
r.o'.hing against it, but who may before
a court and society to whom the press
sends forth every word of suspicion, every
detailed incident that may add any cumu
lative weight to the prosecution, while it
denies the poor privilege of even denial to
the wife, and the reason given in justifica
tion of the law, are outrages upon human
rights. And this law and practice which
puts a legal gag in the mouth of the vic
tim which is being led to tho slaughter,
has no more potent reason, as given by a
journal which condemns the injustice of
it, but yet opposes a change in the law,
than this that if both husband and wife
were allowed to testify, that fact would
be an aid in case they had colluded for
the purpose of extorting money. So a
woman's honor, a man's character and
reputation may be allowed, even before
what is called a court of justice, to be sac
rificed, because otherwise a conspiracy for
extortion might be successful. This pre
tence is a sham, a wrong, a disgrace. We
know nothing of the real merits of this
whole Beecher case and scandal, but the
one scandal evident is that a woman may
be thus legally sacrificed. Alta.
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4HH-ly r I1KKH KW k CO
Just Received by
AFONG & ACHUCK,
33 d x7" n, r c3L Jamos!
Little Neck Clams, or Quahauers,
BOI-LES & CO.
FRESH EASTERN BACON For Sato by
SOS BOLLES at 00.
White & Colored Rattan Matting,
matting. Rattan Chairs,
Manila Rope, Peanut Oil,
Nests Camphor Trunks,
Fine Tea, Basket Tea,
China Hams, Nankin Cloth,
Japanese Umbrellas, Assorted Silk,
Silver Ware, Ivory Ware,
Sandal Wood Ware, Lacqnered Ware,
China Ware, Canvas Shoes,
Straw Slippers, Clothes Baskets,
Flower Pots, Wrapping Paper,
Dried Ligee, Dried Dates,
Gold A Silver Jewelry,
Tortoise Shell Sz Crystal Jewelry,
Gentlemen Jb Ladies Paty Hats,
China Brick fc Side-walk Stones
HIXGLE AND DOUBLE
SUGAR MAT BAGS
A Great Variety ot
OTHER CHINESE GOODS
Too nameroato mentions.
FOR SALE BT
ai o; a ACHr k.
.N J N 'ni.r. 'i Htrttpt, t-'-ar King;.
Soniethins nv for the Girls!
A. W. PEIRCE&CO.
Offer for Sale
WHALE BOATS AND BOAT STOCK
DF-lotur eft? Bread
Lime and Cement,
Bj steamer Iron San Franc Isco,
Potatoes, Onions, &c.
Brand's Bomb Lancet,
Perry Davis' Painkiller.
Pnuloa 8alt Works
rpHE GBKAT CVSC FOR ALL ACRCs
A aad raUaia KRMsaatss. nevrosu, er i
from Derangements of the Stotaeeh. Liver a
To J- ksx MssM.f.r
an J, as it is SAFE,
It ii PvasLT VaoevaaLa. aad UVe W03DH
PILLS is a I as oat a irmg store.
ZW GEO. C McLEAN tt Gum
Agent for them asVaessk sties--
The German Clipper Bark Deutschland
T IK MANN, Master,
ti mm m
Offered for Sale
F. T. LENEHAN & CO.
PURE LIME JUICE
Warranted to keep on the Longest Ttyage
Prepared by George Morris
KALIHI, OAHTJ, HAWAIIAJT TtTAim,
Por Sale by C. Brewer Co.
Csttsi 4 r9 1 elebralfxl Factory,
C AllfSe WM K TTsTTIJE Mr P.
lanes Koaal Ueef,
u- - Dolled lleef,
Caere llnaat Mutton,
Caere Hoaat VmU.
Canes Tor st,
Caere 1 bJrkra.
Cans. .Sonar. Ac. ets.
BULUCPI A CO
CASES COAL TAB FOR SALI BT
B0LLK8 A CO.
Polar and Sperm Oil,
r ansa rinsa to m nv-rw sai. v
I til BOtXEH A itx
TONS BEST SMITHS' COAL,
jTons Best Qlasgow Splint Steam Coal,
WHITE'S BEST PORTLAND CEMENT!
Assorted Bar Iron,
Assorted Sheet Iron,
Tins best White Lead, superior qnsjitj.
Tins belt Zine Piint, superior quality.
Tins best Black Paint, superior quality,
Tinj heU Oreea Paint, superior qaatit.
Tins best Red Lead, sup'r quality.
OTTAI-. I A HO IT !,oe HAWAII tl
wuitLr. wuo 1
An English Hawaiian Vocabulary,
CHRONOLOGICAL TABLE Of HiSTOMCAl
BT IOHRIV l.XDKKreft.
Bon ml In Hberp. fj a.
Bound In Half Morocco. an
Tor Sale by H. M. WHTTSKT
can he obtained of
Mrasn. ll.tltNKM A CO., John stlsert. Sew York.
M - -r.. t. .N KUKT .t HI . an I
A I no, fbr snle.
Hawaiian anil Eswlsnti Ptarnnr I
llawnllaw trnsiinaar a. I e
ASSORTED GROCERIES ! HARDWARE
Gold and Silver Perforated Card Board
Gold and Silver Paper,
White Perforated Card Board.
For sale br
6I lm H. M. WHITNEY.
Oregon Sugar-Cured Hams.
T70R SALE BY
BOLLBS k CO.
ESOLISH IRON-STOCK ANCHORS WEIGHT
from 100 lbs. to 4000 lbs. For sale by
0 BOLLES A CO.
American Hess Beef, in Bond.
ALL LOT for sale br
BOLLES A OO.
SALOOS PILOT IX CAKEH AXD QB. CASES
Pilot and Medium Bread.
:i IPll.l.KH A CO.
BUTT CALIFOKJTIA OAT HAT Por Sale by
(M BOLLES A OO.
Assorted Biscuits, First Brandt.
Lea A Perrln'a saaee.
Lime Jalee Cordial.
Finest Scotch Stoves, Complete.
The Following Machinery,
One Sugar Mill, Complete
WESTON'S CENTRIFUGAL MACHINES.
STEAM CLARIFIERS, 100 and 500 Galls.
DRY GOODS !
Cases Pink Paas,
Cases Prints Assorte.).
Linen Stripe Tasso Cloth,
Cotton Taaso Cloth.
Cases of Tweeds. Assorted.
Cases of Cashmeres, Assorted,
Case, of Assorted Lawns.
Cases of Assorted Shawls,
Cases of Assorted Denims,
Cases of Asmrted Drill,,
Cases of Assorted Cottons.
Cases Heidsetek's Champagne,
Cases Assorted Brands Champagne,
Cases Hennessy's 1, 3 and 3 Star Brandy,
Cases Assorted Brands Brandy,
Cues Best Claret,
Cases Best Scotch Whiskey,
Cases Best Holland Oia.
Baskets Best Holland Uin, Atone jugs.
Cases Best Old Tom Gin,
Cases Best Pale Sherry,
Cases Best Old Port,
Quarter Casks Hennesij'! Pale Brandy,
Quarter Caik! Pale Sherry,
Quarter Casks Irish Whiskey,
Quarter Casks Jamaica Rom.
McEwan's India Pale
Pints and Quarts.
Blood, Wolfe A Co's India Pal. Ale. pt and qts.
Bass k Co'i India Pale Ate. pints and qaarU,
MeEwan's Draught Ale in hhds,
McEwan's Porter, in Stone Jugs,
Pints and Quarts.
Blood. Wolfe k Co's Porter in glass, pta and qts.
J f. T. LENEHAN at CO.
BOLLES &c OO.,
No. 34 Queen Street,
HATE FOB SALE,
Hemp and Manila Cordage, all sisee.
Patent and Plain Bush Bloeks, all sisee.
Anchors and Chain Cables, assorted sises.
Cotton Duck and Hemp Canvas,
Cotton and Hemp Sail Twin..
Whale and Sperm Oil
PalnU aad Paint Oil,
And a General Assortment of
Groceries and Ship Stores
All of which will be sold at the lowest possible
A FEW PHOTOGRAPH VIEWS
TWI xi. ivr O B Li Is B ft,
Lael front Tahiti.
CAS BE OBTAINED AT THE HTORE
of the undersigned. Among them are thee. :
View of the City and Harbor of Honolulu, taken
from Pnnehbowl unquestionably tha finest
picture of Honolulu eitaat.
View of Port and Harbor of Papeete.
View ia Koolaa, Oahu.
Mountain Scenery in Koolau, Oahu.
Point Venus, Tahiti.
Australian Steamer at Wharf in Uoaolalu.
Diamond Head, Honolulu.
MeKeagne's Sugar Plantation, Koolaa.
Tamarind and Coeoenut Trees.
Map of Tahiti aad Moorea.
Tbeee are all very finely taken, and eaa be had
mounted or unmounted. For Sale by
U. M. WHITNBT.
E. O. HALL & 80N,
THEIR USUAL PULL AND
constant supply of
All Seasonable Goods in their Line !
Fine Plated Table Ware,
Staple Dry ' : 1,
Paints, Oil, Turpentine k Varnish,
Cooking Stoves k Hollow Ware,
Downer's A CrystAliae Kerosene Oil,
Ox Bows. Yoke k Wheelbarrow.
Cast Steel. Nail Rod k Horse Skew Iron.
California Sole k Skirting Leather,
French Calf A Lining Skin,
Fancy k Carbolic Soap,
Tin Plate. Solder k Lead Pip.
Pumps, Carriage Axles & Springs,
alue, Borax, Pumice k Rotted Stone,
Shoemaker'! Toolt. Lat tt, Fegt Thread,
Dairy Salt, Card Matches k Door Mat.
All Sort or Brushes, Blacking k Shoe Pellse),
COC0AIXE, HYPERION, PYR0LI05I0US ACID
Road k Carpenters' Teals, Handles, Ac.
Chunk, Plantation, Table and Ganj Ball,.
A THOUSAND ARTICLES FOR USE 1 COIVEIIEICE
Too numerous to mention.
All Par Sale at Ismi Lowest ratealsjsa Frteea t
aoe i t I. it t ti. era
THE HAWAIIAN GAZETTE
Possesses a good assortment of
JOB PRINTING TYPE,
Well adapted to the Printing of
POSTERS OP ANY SIZE '
EITHER IS PLAJLX OR
Sold Pen or Pocket KselO !
A LAaMIE V lUItTT, A ID TO BE HAD AT
J. the Book and Km Depot of
H. H WH1T.SKV.
U. 8. Postal Cards,
SiVOst MALE PatlCE 3 STEHTS EACH. BT
M !' H. at. WHITNKY
TOOK WHICH THE HIWHEKT PRICE WILL
JT be paid at the) P neat star at H. at. WHIT.NET,
HOTEL BILLS OF FARE.
LA W BLANKS,
BOOKS and PAMPHLETS,
Ac., t., si.
Next to Poet OSes.
Philip Phillip's Songs.
WPIBI ear THEME PO FT LA at 1
at taw tear, a-