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SELECTED WITH .
CiRE FOR THIS MARKET!
ALL SORTS, Sim & DESCRIPTIONS
BUILDING MATERIALS !
The Yard and on the Wharf!
Str'Wfst Srantlinjr. Timber !
AX INDEPENDENT JOriWU,
DEVOTED TO HAWAIIAN PROGRESS.
nCMi rwtTs or rAoniTE and
r x r 5TTUK.
nOf AND WHITE COTTOSS. DENIMS,
wTwMJXSS. UNTN?. VELVET tGS.
. LACKS, B AFtEJtn AH EXT,
AXD HBOn SCARFS,
BATTSTxtS, Ac, Ac. Ac.
Br;it Saddles awl Cants.
Tots, Books, Piano Fortes!
Ate. BM'l AW aad Porter,
Ate. lad Ceope A Co.', Ale .
i, uJ Robin', Bread,
PiM . rritBT. risu, on.
BRASS AND IRON BEDSTEADS
ret. Con-oratcd Iron, Hoop Iron,
Fiirta, Wire, Hollow-a an,
WELSH STEAM COAL,
WESTON'S PATENT CENTRIFUGALS!
Will la pro red Wroerbt Iron Monitor Cet
inr. Explosion Proof,
NOW ON VIEW.
THEO. H. DAVIES.
l OR SALE
BY YHE UNDERSIGNED
REDWOOD SCANTLING, TIMBER,
&c &c. &c.
White Cedar and Redwood Shingles.
White Pine Boards,
Doors, R. P. Imo., 2rao., & Sash
SASH AND BLINDS,
NAILS AND GLASS,
Wall Paper and Border.
In La if Variety.
PAINTS, OILS. TURPENTINE, VARNISH,
Palat taad Whitewash Ilrnahm,
Sash Weights & Line
A I PUULOA SALT, ETC., ETC
GOODS DELIVERED IN TOWN FREE OF CHARGE,
se-At nil j Port In this Kingdom as per
WILDER & CO.,
542 3m Corner Fori and Queen Street.
Mattina. Matting, Matting!
Cheap as the Cheapest,
White 4-4 Contract & Good
CASTLE & COOKE'S !
' DoutscTil andil'
Ml BEST SMITHS' COAL,
Tob, Bert Glargow Splint Steam Cot),
Bar Iron, in assorted rite.
LIME JUICE CORDIALS!
la 1 dot, can of lb cehhratod maxtoXaotur. of
JOHN' GLU.OM A Co., Glasgow.
ALSO A FEW OF
Smith A Wetlstood's
CELEBRATED STOVES and RANGES,
HigblT raroo mended by those who hare tried
txtca, still ea hand, and will be disposed
of at LOW Rata, to rait the time,. 1
The Following Machinery,
One Sugar Mill. Complete
WESTON'S CENTRIFUGAL MACHINES.
STEAM CLMtlFfERS, 400 and 500 Calls.
DRY GOODS !
Of Various Descriptions,
Per Bark D. C. MURRAY.
Cam Hattniek', Cfeaapagne,
Caw, Aawrtad Brandt Champagne,
v t 1. 1 and S Mar Brandy,
1 Brand, Brady,
Caiet Best Holland Gin.
Baskets Bast Holland Gin, stoat jo gt ,
uiq Tom ura, can, Assorted Clarets
BEST AMERICAN WHISKIES !
Oeeidental, Bennitafe and O.F.C.
Caaas Best Pale Skerry,
Cam Best Old Port,
Qnart.tr Cask, Hennetn'i Pale Brandy,
Qaasw Cask, Pat. Sherrr.
r uaat, Irish Whiskey,
: Cask, Jamaica Ram.
If WL Iff HE!
STEAMER CYPHRENES !
San Francisco. New York and England,
Contirting in Part of
A MOSKEAG DENIMS,
JUL Fine and Medium Tickings,
Amoikeag Bro. Drill,, Amotkeag Bine Drill,,
Fine and Medium While Flannels,
One Case of thoie Superior 0. B. Bleacbed Cottons.
Downer's Kerosene Oil,
FROM BOSTON. ALSO,
Garden and Plantation Boer, No. 1 and 2 ; Mattocks
C. 8. Spades, Sborels, Seoop, and Rake,,
Handled Axes, Hatchet, Shingling and Axe pattern
Rim Knob Look,, Chest and Padlock,, Ae.
Clothes Pin,, Raw Hide,, Sash Cords, Sand Paper,
Sath Cord. Syringe,, Mncilage, Horse Card,,
Sledge,, Cbamper,, Horse Nail, and Shoe Ink,
T Hinge, 5 to 14 in., Tinned Tack, to 14 in.
W. W., Paint, Shoe, Sornb and Varnish Brashes,
Self Heat Irons, Mason's Blacking,
Corn Starch, Whiting, Metallic Paint,
Snow White Zinc, Eastern Broom,, Pntty,
A large Assortment of Chimneys, Common, Clipper,
Sun, Perkin, A Howes, Ac.
Lantern,, Kerosene Wick,, Ac.
A few doien of the best Patent Olas, Preserving Jars,
Per Jane A. Falkinburg,
Oregon Dried Apple,. Oregon Hams
Fresh Salmon, 1 and 2 lb. tin,,
Also, on hand,
Pari,, Eagle 2 and 20, and Clipper Plow,,
Cnltivators, Horse Hoes. Canal Barrow,,
Cane Knires, Scythe, and Snaiths, Ac.
Cnt Nail, 3d to COd, Cnt Spike, 5 to 8 Inch.
Files Round Square, Flat and ,-Roand, 6 to IS in.
A LARGE ASSORTMENT OF
Shelf Hardware, Saddlery, Paints & Oils
UlhM-SxIS. 10x1 a. ISxlS, Afcc.
A Large Asst. of ether Goods,
WHICH WILL BE
CASTLE & COOKE.
McEwan's India Pale Ale,
Pints and Quarts.
Bleed, Wolfe A Co', India Pile Ale, pis and qU.
Basa A Gt , ladie Pale Ale, pints and marts,
ALSO, JUST RECEIVED PER KA MOI!
sTKWAJTS XXX NT IT, In MMfJop.
QTABTS SICD KSTB.
POnwlICIaIdM.rssesi SKERRY wlar
1 oe- ...so, of eaaertor Quality.
F. T. LENEHAN & CO.
Hawaiian Mess Beef,
DAma bt b
MS A CO.
A. W. PEIRCE & CO.
Offer for 8a le
WHILE BOATS AND BOAT STOCK,
Flour etc Bread !
Lime and Cement,
By Steam from Saa Francisco,
Potatoes, Onions, dec.
Brand's Bomb Lances,
Perry Davis' PaiakilLer,
Puuloa Salt Wotkt
piwprraar four! la Konltj.
July Term, 17 V
Kaoita (k) aid Kalama ms wrri and Kekkela,
vs. H. H. Rcth KrruKonsi.
Od appeal from decision of Mr. Justice Jcdd
Ofixjox Br Ramus. J.
By the bill it is alleged that the Plaintiff,
jointly with one Mabaia are heirs at law of Kala
iheana (k) who at tbe time of bis decease was
seised and possessed of a land called Helomoa.
and was tenant in common with Her late Royal
ITiehnesa Victoria Kotnamalo ot landl known as
Kanewai. Kanewai Kahala. and Pahoa, situated
at Waikiki. Oaha. near the city of Honolulu, and
tbe defendant in this suit is the heir, by several
descents, of the aforesaid Princess Kamamalu.
It appears by the testimony ot Mr. Mabelona
that for some reason or other, tbe late Hon. John
li and His Highness M. Kekuanaoa. pnardians of
tbe Princess Kamamalu. claimed tbe whole of tbe
lands in question, and in 1859, Mr. Ii drove the
heirs of Kalaiheana from the land of Kanewai and
kept possession of it for his ward, and shortly
thereafter in 1859, Kalaiheana 'a heirs commenced
an action of ejectment in the Supreme Court, but
were not successful. A reference to the record of
the Court in that case shows that they were non
suited three times, and withdrew once, and being
undismayed, on the arrival of William Claude
Jones, Ksq., in Ibis country, tbey employed him.
and prepared to commence anew their action in
1S6T, seven or eight year, after the first proceed
ings were commenced.
They paid Mr. Jones n fee of $50, and Mr.
Jones drew up a bill of complaint which he sub
mitted to Mr. A. J. Lawrence then recently ar
rived in this country, and wbo had been engaged
by Mr. Jones to assist him in tbe matter. Tbe
bill goes on to allege that iAwrence after being
engaged by Mr. Jones, falsely represented to the
plaintiffs, that Mr. Jones was in tbe interest of
their adversaries and desired them to employ him
(Lawrence.) By the bill, however, it does not
appear that tbey took Lawrence at his word, but
went to Mr. Jones wbo told tbem that they must
give bim a share of their lands or be would no
longer act for them, and thereupon they paid
Lawrence a fee ol $30, and employed bim, being as
tbey say in their bill, importuned thereto by Law
rence. The bill goes on to allege that Lawrence caused
a power of Attorney to be drawn up in the Eng
lish language as follow, :
"Know all men by these presents, that we
Kaloma, Kaopua and Nabua of Honolulu, Oahu
Hawaiian Islands, heirs of Kalaiheana, deceased,
have constituted and appointed and by these
presents do constitute and appoint Andrew J.
Lawrence of Honolulu, Oahu, Hawaiian Islands,
our true and lawful attorney in fact for us, and in
our names to sue tor, recover take possession of,
compromise, dispose of, or sell and convey all our
rights, titles, and interests in the lands of Kane
wai, Kaoewai-Kahala, Pahoa and Helomoa ; and
our said attorney is authorized to sell and convey
by way of compromise, or otherwise, all or any
portion of our rights, titles and interests in any
or all of said lands, at sach prices, and on such
terms as bo may think best ; to receive and re
ceipt for all Bums of money received for tbe same,
and for in and in our names, to make auch deeds
of conveyance to the purchaser, or purchasers
thereof, as may be necessary and proper to con
vey onr interests therein, and to do all and every
act which may be necessary to carry into efieel
the powers and authority herein grantod to him
And we hereby promise and agree to ratify all
the acts or our said attorney done in tbe premi
Bes. And we hereby revoke all powers and au
thorny neretotore given to any other person or
persons to act for us in relatiou to the lands
aforesaid ; and the power and authority hereby
given to our said attorney is irrevocable by us
until tbe objects for which it is given shall have
oeen accomplished by bim.
In witness whereof, we have hereunto Bet our
hands and seals this 20th day of December. 186
K ah vv II.. S.
Kaopita, IL. S.
Nahca. L S
Signed, sealed and delivered in presence of
W. P. Ragsdale,
James I). Halai.
I certify that I have this 20lh day of Decern
ber, 1867, read, translated and interpreted the
loregoing power ol attorney to tvalama, Kaopua
and Nahoa, the persons who executed the same
William P. Raosdalr.
Interpreter and Government Translator.
Register Office, Oahu, as : On this 20th day
of December, A. D. 1867, personally appeared
i r t- 3 , . T
ueion, me ivaupua nan iiis wne naiama ana .a
hna, parties to the foregoine instrument, who sev
erally acknowledged that they had executed the
same lor the uses and purposes therein set forth
and the said Kalama on a private examination
eeperate and apart from her husband, declared
that she had executed the same of her own free
will without compulsion, fear or constraint from
her said husband. Thomas Btown,
Registrar of Conveyances
Which they signed, under tbe impression that it
was merely a power to Lawrence to recover their
lands in court That Boon after, J. D. Halai
who as clerk to Ijiwrenoe had written out the
power of attorney told them that Lawreoce bad
sold their lands by virtue of tbe authority ol that
paper ; that tbey immediately complained to Gov
ernor Dominis, one of the administrators of tbe
estate of M. Kekuanaoa who was heir of bis
daughter Princess Kamamalu, and to several oth
ers, saying that they had not intended to sell tbe
land, and had never signed the power of attorney
with knowledge of its contents ; tod the bill goes
on to aver that as tbey are informed and believe
the said Lawrence was engaged by the adminis
trator of Kekuanaoa 's estate to act in the prem
ises against tbe interest of these plaintiffs and was
retained to act in that behalf ; and tbe plaintiffs
aver that tbe conveyance made under and by au
thority of tbe said power of attorney is false, frau
dulent and void. And pray that said pretended con
veyance may be ordered to be delivered up to
them to be canceled.
Tbe answer sets forth in general terms that there
was no fraud on tbe part of the purchasers of this
property ; that tbe plaintiffs well knew that Law
rence bad authority to tell their lands ; that tbe
sum of one thousand dollar, was paid for the said
lands : viz., $750 for the lands held jointly with
Kamamalu, and $250 for Helomoa. $200 being
kept bock for one of the heirs wbo bad not signed
tbe power of attorney, making in all $1200 for
the interest of tbe heirs of Kalaiheana in the sev
eral lands, and that these plaintiffs subsequently
signed an order for $650, to be taken out of tbe
proceeds of tbe sale of tbe land in question.
The question in this case is not whether Mr.
Lawrence acted with entire good faith towards
his clients, but whether the purchasers acted in
good faith, or in fraudulent collusion with Law
rence. Hence tbe allegation that plaintiffs are
Informed and believe that Lawreoce waa engaged
by the administrator of the Princess Kamamalu',
estate (Governor Dominis) to act in the premises
against their interest and was retained to act in
their behalf is most important, for if that aver
ment could be proved, it would make Lawreoce
the defendant's agent and show that he was act
ing for both without tbe knowledge of his pro
fessed clients, which would be to fraud of them,
and that fraud wonld necessarily be known, under
the circumstances, to those acting for the persons
whom this defendant now represent. Bat there
is not only no evidence to bow tbe truth of this
legation, but no attempt is made to show it And
surely it cannot be seriously insisted that any in
ference can be drawn favorable to tbe allegation,
because Gov. Domini,, who was equally available
to the plaintiff,, if they had chosen to call him.
did not offer himself to disprove an averment, the
troth of which no one had attempted to substan
tiate. He, as well as the defendants counsel, had
a right to suppose that the averment was not
eventually relied upon. Therefore Lawreoce re
mains as regards tie transaction, tbe agent of the
Now it might well be that Mr. Lawrence held
out alluring inducements to tbe plaintiff's to em
ploy him. representing to them the benefits that
would remit to them from his efforts ; and after he
had gotten the money for the land, he may haveap
propriated it to his own use : and yet the defendant
would not be accountable in the slightest degree
for any of his acta. He came to tbe defendant or
to those in whoae place she now stands, with a
power of attorney In doe form, containing a spe
cific authority to sell these very lands. This in
strument was witnessed by two Hawaiiaos, con
versant with both languages, aod duly acknowl
edged before tbe Registrar of Conveyances.
Sorely there was no occasion on the face of it for
thjapurchaser to go any further. We shall ad
vert to this again.
It is said by counsel for plaintiffs that " the
evidence is conclusion of fraud on the part of
tawrence." If it were so, it would not be even
indicative of any fraud or act of omission amount
ing to fraud on tbe part of the purchasers, and it
is oo this ground alone that the Plaintiffs can suc
ceed. It is asked, " Is it not inconceivable to one
familiar with the Hawaiioo character that these
people should authorize a newly arrived foreigner
to sell out all they had for a fourth of its market
value, or still more to sell at his own discretion
as to price ? " Certainly it is inconceivable that
they should authorize a sale at a fourth of tbe
market value, but it is by no means inconceiva
ble that they should employ confidentially a newly
arrived foreigner and even to the extent which
this instrument indicates. Indeed, it is notorious
that whether as lawyer, physician or clergyman,
or io aoy relation, it make, oo difference that any
one has served and guarded them faithfully for
years, let a stranger put in an appearance and he
stands as good aud perhaps better chance of em
ployment and confidence.
With regard to the inadequacy of tbe price, it
is to be taken into consideration tbat they had
been warring for seven years, had been nonsuited
three times, and bad discontinued once, bad em
ployed again counsel, (Mr. Jones, himself by the
way recently arrived.) given him a fee of $50, and
received from him after a time, tbe assurance that
he could go no further unless they gave him a
share of the laod, and were obliged to look out
for new counsel to whom they paid $30; it woold
not appear aoytbiog very strange that they should
offer to sell out or compromise for $1200, nor
very strange if their opponents under all the cir
cumstances should think that they were doing a
reasonable if not a generous act in acceding to
eoch a compromise ; and it is certainly very doubt
ful whether anybody could have been found in the
market to offer so large a sum for a litigated es
tate, nor must it be forgotten that the $1200 is
not a quarter of tbe value of their estate ; even on
the estimate, but one quarter of the value of tbo
whole estate to a large portion of which the pur
chasers had an unquestionable title and the whole
of which was in their possession and bad been so
for a long time. .
Much stress has been laid upon the fact tbat
Halai who was a native Hawaiian wrote tbe in
strument in English. Rut he was a merecopyer
or clerk, aod copyed the paper propably as it was
given to bim. There is oo evidence given of tbe
amount of education of these plaintiffs, but judg
ing from their signatures affixed to tbe document
it wonld make but little difference to them
whether it was written io English or Hawaiian,
since in either case some one else most read and
interpret it to them. Again, it is said tbat it
required no power of attorney between the par
ties to sell, when tbey were so near to each other;
surely it needed no power of attorney to carry on
tbe suit, and needed none to negotiate ; and there
fore the purchasers might reasonably suppose tbat
it was given for something ; and if for anything,
for what purpose other than which it purposed to
Hot it is said, that the power of attorney coo
tains a clause whereby the plaintiffs " promise
and agree to ratify " tbe acts of their attorney ;
' but no application for such ratification appears
to have been made to tbem by the purchasers."
It wonld scarcely appear necessary to comment
on tbat point. If tbey have "promised and
agreed to ratify," it is for the Court to hold them
to their promise and agreement. The words are
no different in effect than if they had used the
words "hereby ratifying and confirming."
But it is said tbe power of attorney to sell was
not knowingly executed, and is void, and gave
Lawrence no power to sell. And counsel in
their brief go on to say " it was not a voidable
contract obtained by fraud or misrepresentation,
but no contract at all, aod gives oo basis of a title
more than a forged deed." If this last position
be true then plaintiffs have no status in this
Coort ; for it does not require a proceeding of this
nature to set aside a forged deed ; and the whole
of Ibis proceeding is grounded on the assumption
that the power of attorney was obtained by fraud
aod misrepresentation. But if it be granted tbat
plaintiffs did not know what they were signing
it would be ao exceedingly strange and danger
ous idea tbat one could sign an instrument by
which another is enabled to obtain a large sum
of money from a third party, and then, seven
years after the act, be enabled to avoid the effects
ol his act alter tbe money has been misappro
priated by their own agent and without even the
pretence of an offer to restore the money and put
the purchasers in the position they were io be
fore the act. Such a holding would be to treat
Lawrence as the agent of the purchasers and not
as tbe agent for these plaintiffs.
Nor is it clear that they did not know tbat tbe
instrument was an authority to sell ibeir lands
or, in other words, to compromise their suit.
Mr. Mabelona says that be heard Ragsdale say
that it was an authority to- Lawrence to act for
them, to attend to their lands for them, to talk
with the Chief about the land, and if the Chief
should wish to lease or boy the lands, tbat he
would come aod consult with them. that Law
rence talked some Hawaiian himself, and said tbe
thing, and that he himself, (tbe Witness)
told them, that if Lawrence could get $6,000 or
$7,000 for their land they bad better sell.
Then if this be trne, tbey were talking at the
time of selling tbe lands, and Mr. Maheiona raised
extravagant hopes in their minds about it. Sore,
ly the purchasers are not responsible if tbe plain
tiffs' agent did not coramuoicatn to tbem the
offer be had received or consult with them re
garding tbe price, before closing with the offer.
Again, Ragsdale swears that be did interpret
the instrument to them, and read it to tbem so
as to impart the same impression that he himself
received from the paper. Tbat money was men
tioned, he thinks $1600. The parties, (says this
witness) most undoubtedly understood thoroughly
tbat tbe document gave Lawrence the authority
to lease, sell or compromise the land. They un
derstood it for tbat was the gist of tbe whole
matter. I explained to them the most important
parts of the docomeot. This is the evidence of
their chosen interpreter and witness to the in
strument, aod if It is to be relied upon, shows
not only that they understood the paper bat
that the sum of money which they might hope
for, was being talked of; and the witness adds
" the parties were apparently exhausted by long
litigation aod bad not been treated wall by the
persons employed by tbem." It certainly cu be
of no conseqoenee tbat when written to at a dis
tance with no papers before him. this witness
after a lapse of seven years, replied that the pa
per was a deed and tbe sum of money $800 ; for
aoy one may hare a wrong impression at that
distance of time regarding a paper which is not
before bim, that was of oo personal importance
to himself, aod which is only among many boo
dreds that passed before him in the way of bust
Dees bat wbea the paper is pot before him on
the stand, and he has had the opportunity to
think and refresh his memory this is hi, testi
This paper, therefore, is produced to the par
chaser, drawn up and executed in due form of law
and witnessed to have been so executed by two
competent interpreters, one of whom was a pro-
feesed interpreter and acknowledged before the
lawful officer to take such acknowledgments, and
in addition certified by a competent interpreter to
have been fully translated to the persons execat
ing it. Surely the most caotious aod prudent law
yer or counsel need go no farther.
Mr. Jones bad no apprehensions excited io bis
mind and if not Mr. Joaes, why Mr. Stanley or
Governor Dominis f Mr. Jones in the course of
the hearing said tbat he took no care or notice of
it, because he had been excluded from the case
supplanted by Mr. Lawrence. Surely Mr. Jones
does himself injustice. Ho, as counsel in the
case, would scarcely have allowed the averment
to go into the bill, that be refused to go oo with
the case unless they gave him a share of tbe land
if the truth was that instead of his leaving the
case, his clients withdrew toe case iron) mm.
And he can, still less, mean to say that after
having received $50 as a fee, from these people,
and left them because they would not give him
an interest in the land, he saw a fraud about to
be perpetrated upon them, without taking snffi
cient interest in them to warn them. The bettor
inference, and the one probably most consonant
with the truth is. that Mr. Jones saw no wrong,
suspected no wrong, and if he saw and suspected
no wrong, then there was no reason why the pur
chasers or their attorneys should see or suspect
Counsel urge that defendant's ancestors were
not bona JUIe purchasers since they neglected to
take reasonable precautions to see if the heirs of
Kalaiheana had agreed to sell The
purchasers, acting under the advice of an eminent
conveyancer, would not have omitted to ask for
the original deeds to accompany their purchase,
if he thought it of any use to ask them. These
latter deeds are now in the plaintiffs' possession.'
To the first part of this it is proper to answer
that the power of attorney itself sets forth a de
sire to sell, and one is fairly to be presumed to
desire that which be deliberately sots forth in a
formal document he does desire. And tbey the
purchasers might have asked for tho original
deeds if they thought it of any use so to do, but
our registry laws have taken away that impor
tance from the fact of possessing title deeds,
which was necessarily attached to that fact, at
times when and in countries where no such laws
existed. But in this particular case the only
title deeds which the plaintiffs have or can have,
are certificates of Land Commission awards to
their ancestors, taken from the public records
and any one can bare a like certificate by paying
a very small fee ; and further, for those pieces in
which the Princess Kamamalu was joint owner
under tbe Land Commission award, her guardians
aod representatives uodoobtedly had a like certi
ficate, aod conld obtain as many as they might
choose to pay for ; so that trnly it might be said
it was of no use to ask for them and the present
possession of them by the plaintiffs can be of no
inconvenience to defendant, and can afford not
the smallest presumption tbat tbe power of attor
ney to Lawrence, by authority of which he con
veyed the estates, was not signed by them for the
oses and purposes in it set forth.
It further appears that the power of attorney
in question was made on the 20th of December,
1867, and the purchase was not completed nntil
fully three months afterwards, a circumstance of
not much importance, but tending surely to show
tbat there was no such baste as woold tend to
show so undue anxiety on the part of the pur
chasers, sncb as would accompany a conscious
ness of a fraudulent collusion or a collusion of
any kind with the attorney in fact for the other
side. Very nearly a year afterward, all tbe heirs of
Kalaiheana, represented here, signed an order for
$650 on Mr. Iwrence, to be paid out of the pro
ceeds of sale of Helomoa and Kanewai, on which
Mr. Lawrence wrote an acceptance to the effect
tbat he bad $500 belonging to them, which he
would pay over on their giving him a receipt in full
of all demands. From this it would appear that
$500 of the money was already used up, or ap
propriated by Mr. Lawrence, and it is suggested
that they signed this without a clear understand
ing of its import, and did not intend by this to
ratify or acquiesce in Mr. Lawrence's sale. Mr.
Widemann says that he interpreted it to them,
and thinks they understood it, tboogb be
took no particular pains to make them under
stand it. But a court cannot go on concluding
that people do not understand the consequences
of their own acts, and relieving them against the
consequences of their own ignorance aod stupid
ity, more especially when as in this case tbey
would be obliged by doing so to indict a wrong
on third parties. If Mr. Lawrence " made use of
his confidential relations with them to get a pow
er of attorney, utterly onjust and inequitable,
which would enable him to sell their land for any
sum however inadequate," It should be remem
bered that Mr. Lawrence had no confidential re
lations whatsoever with tbe party defendant or
her ancestor,, and tbe power of attorney which
these plaintiffs voluntarily signed, withont any
solicitation on tbe part of the purchaser,, enabled
their attorney to obtain one thousand dollars for
the conveyance of their interests in tbe lands.
By their power of attoroey they held Lawrence oat
as a person in whom they had confidence ; they bad
an opportunity of ascertaining most folly theeon
tenta of the paper when tbe interpreter. Bags
dale, was called in, and apparently, as br as one
can judge, by testimony, availed themselves of it.
They might have availed themselves of the ser
vices of any other person to tell tbem what was
it; and finally tbey acknowledged before tbe Reg
istrar of Deeds that they signedit "for tbe oses
and purposes therein set forth," which they knew
or ought to have known to be a solemn and bind
ing act required by law. Iney bad then another
opportunity to enquire into the contents of tbe
paper, and after that there were three months
during which they conld have enquired, and if
the instrument was not what tbey intended, have
bad tbe matter rectified. A year after tbey drew
an order for some of the money. Seven years
elapsed before they undertook again to question
tbis matter in Court, aod they must now abide
by the contract which was made for them by
their authority. Embba H. All,
Cbas. C. Hakbis.
I have not changed my opinion in regard to
this ease, aa given in my judgment, rendWod
February 26, 1675, from which tbis appeal was
taken. I therefore respectfully dissent from tbe
above judgment. A. Francis Jcdd.
A. 9. Uartwell and w . c. Jones for plaintiffs.
R n. Stanley for defendant.
Honolulu, August 28, 1875.
A SPLENDID LOT OF NEW BOTH
JUST RECEIVE T!
Ex -Clara Bell," 4Mary Me Roberts," and "Ceyl,"
Household Furnishing; Coods. Namely,
AwFrl H asafaTl Siiiuw 'aa "re muk
9w5BBS I yH nWSSwawaV W aSSi Wejewawwt atw"b,
I Teet ewsjeyjfc flwM awMBbwe. FWH Slwaf SwSSss wtaStJeB,
Vr9Svf 'jrcTiun.. mm
MA UK flKBB sal m sBLwasaaV 11 toavMfetwS INtwwV twMl saMfe PaaBJaV
1H Jr M H r 1H m aflH ry ntnAm r. PaSathasf rs-av mmm rmm.
yBKm KsawasafssBaawasBjsBfU VjKjQ ASftt MpSVlBV w SSrJT US ' .1 mm.
yJnSHrfpFf Downer's Kerosene Oil'
Paris How Itandln. Bam. ; rvnlA. K," How, nandlea,
Ox Bswrs, (.tardea How. ltes,S
OrindBWw and FtltorM, Hoew STaleWbn Rnrw .1
Boat XaOs, Oat Nail. Wrof nalb. Bou ItTUk l SJW.
A -pun Lino oT Buildo
Palnu. rtll. Vanitahe. T.Mwntln.
Ounmo. Al. MSl and Irnn, i rrt- Mprlon. I
AU the or! (foods and a gret many more vhich time
m, fo mention,
Can be had from the Undersigned at satisfactory 4rl
y Call and examine for yourtelte.
552 sm DILLINGHAM A Co.
ATH17TG OF BRA ITT. IT in RAID. W A
Joy fbrrwrr, and If Otness Is th SK'ntlami utv of
bMOty.ss we nutintaJn It Is, Dm MCWIl-Jo Mn mink
with ot of tbo
PATENT WATER WHEEL
I one of the moat rwmitiful tMncn In tlw wurM ;
In the whole rsnce of modern Invention twine better
aautptetl to rvlleve hutnau dnitirerr or fltt.-r ror uv' pnr
The rndtlrnd are Sprlal AfrnU for
THE BEST SEWING III CHINE IN USE !
SO POINTS OF Hl PERIORim
For rrtk-ulan se CewSBWSA
WE ARB PRKt'ARFD TO FURNISH
The Patent Attachment!
To any of the nischlDfs now In use, whkh will run them
pvrftTUy without the les.it cit rtUm on tlv- part of the
wnjtor, Thrse Wheels are mtvle here at Um HK VHM
FOI'XDRY, are so perl or to those Imported, sum! auld
for less money.
Buy One nd Yon will be Convinced.
It Is a well known fact that the 111 hesUb of thousand of
women and flrls, cn be tr.u to the exertion rtitiir-d to
rnn We trine Machine by foot power. A word to tbe wtse
In ii indent.
MT 3m nil.I.IX.U A eft CO
H. HACKFELD I CO.
Offer for Sale
The Following Coo,
FEB HAWAIIAN BARK KA MOT
IKEP PMK PHI IT',
NEW GOODS !
Just Received by
AFONG & ACHTJCK,
White fc Colored Rattan .Mat tin::.
matting, Rattan Chairs,
Manila Rope. Peanut Oil,
Nesta Camphor Trunks,
Fine Tea, Basket Tea,
China Hams, Nankin Cloth,
Japanese Umbrellas, Assorted Silk,
Silver Ware, Ivory Ware,
Sandal Wood Ware, Lacquered Ware,
China Ware, Canvas Shoes,
Straw Slippers, Clothes Baskets,
Flower Poti, Wrapping Paper,
Dried Ligee, Dried Dates,
Gold & Silver Jewelry,
Tortoise Shell fe Crystal Jewelry,
Gentlemen & Ladies Patr Ilats,
China Brick & Side-walk Stones
HIKOLB AND DOUBLE
SI OAR HAT BAOS
A f.rcnt Ynrlety ot
OTHER CHINESE GOODS
Too amrroato mratlou.
FOB SALE BT
AFOWU A ACff rH.
W2 I j NaaaaaHUMt. dmt Kin.
Aasartant Pa.er Pilau. fj m.
Whit. .in-! Prists,
Black aad Wait. Prists. Tr
Uhtj B1m !... pi. i. awl i
Bla. ..4 Wait. Strtawa TMMos
Brow. Cott..,. i
BIu. C.ttoas, Wait. C.
UormkM Wait. Ua, CWtt. A m4 B, JS mmk
aa. .12 inch wtoa.
Limi Skowttac. 71, r. M wW Imom wttm.
Cottoa gbottiaf . a, Ti. M ao4 avaVsa !.
Vwtori. Lawa,, 7 yarj si,, as. aowMtoi ,n'i1nr.
Iali(o Bla. nun.i.
Blast C.bowrp, la. i
Sctch WaUrpmf Twwjds, all i
Bilk C.rak UaaJk.rkM,.
Turk.y Ri aad Y.!low I
I .rli ' Couo Hi
Assart. Cottoa Slotkiap ul I
Liam Tared aaMrtos.
Black -.b.I Caiorwa S.Ik twklios w atvSaa,
M.-nk.j Jackals, assorted q.slitaa
Hear j '
Kaa-T rlaaa.1 Shirts. Uaoa I
Maria, Flans ladmairts. Cwtiwa C.
Aaiortod B.rlae. fraach Calbhia.
O.a.ia. Baa d. C.Ufa..
Mamasar Mais Oil, LaMo's latrart.
Fin. India Rabkwr IrroMisf C.
Pi.. Woln Shawl, aad TimHa,
o..lo Blank,. -nc.
.T El XV ES Li Trt 5T,
SOLID METAL WORK.
rr ORDER TO CLOWE OIT THE UCWI
NBK, ECKART WILL SELL AT COST
For the text Three Tlonthi,
Stock of Solid Gold and Silver Jewelry
COLD AND SILVER WATCHES!
CASES, SHELL WORK,
And other Fancy Articles !
Call Soon aad Secure Great Bargains
M7tm AS the Fort Straw Storo.
25,000 China Bricks.
EXT A HIKE, WILL LAY ABOCT M PER
cant mora than California brick, racatvaa Mr bark
Kvlk, and for a&ls by
MMJ 41, 17.
WOB.MLISE. HOU8BLINE, SEIZING, MAR
LINE, As. for sal. bj
BOLL'S A CO,
Fin. aad CoasaMa Pa ..4 P c! Kaira.
Fin. Sto.1 S.iM.rs. C.aiaMa
Tiaaod Spur, oa Cards, In,
tt.lTw.rawd P. ft.. Mn.ll hart
lialT.niswd WaaMoa; Take.
Perforated Metal for " Tllflfsl
Chareoal Box Ires.
Bright FeociBs Wtr. N.. . J aad .
Vail Ass.rtw.-t of But
flaWaataed Ins Pip., la. Ires.
Perm, Water H-aUyt.
Cat Porter SJ
Bate a', PaUet Whit. Ziac Paiat.
H.bhaak', Peteat Waft. Lead Patat,
Habhook'. Pals Bailed l.llilll OO.
Black Paint, Paris Oresa. Red Lead.
Co, I ic Soda, Best Lees. Paha OA,
German, English and French
Liabif's Extract ot Meat.
Stearin. Candles, 4, i, aad to a
Castor Oil, in Has aad fiats,
lasoat Salts Is balk aad beats.
Vests of Trsak,. ba sweet..
Wrapping Paper. Mark.,
An if. el ef Bleak Seeks.
Pres. Cowr Seek.. Rkiesref uil.
isssrlai rises Herat tea.. Heap
Spaaare. Fief Ua., Log Lias.
Martiaa aad Hooektf.
Swedish Bafetr Maleket.
Utroo't F. ems as, QiLianatenA
H.id.iesk A CVl CnaaaafM. i. ,1. aad pta.
Raiaen Pare A Pita' Caaaaeacae. da. da.
Sparklhaa Hesk. bs earn aad pasts.
Utaaia. Hollaed. ia. i. jays aed I
Oea.lae Hollaed. Oia, is (la
neetslleea r Co. , Braadj, i (lass. I ts t
Bosclloaa A Cs.', Breads. Is seeks.
Osrataa Ale aad Laser Bier, ba eta. aae eta.
JtsYsr's Bdtabarrh Ah eed Steos, at. sad ahk
Asserted Clarets, vtrj is bt etetatea.
Aha t L,
Bwttra. Aaetel kt 1 aad. tmj.km. f
Vhs Our. Coal Tar, dnh.iha Tar,
Dak Boatj for I
Tbe shore will slid Oeeds, teaeBMe sath o was
v sale ha eaeataha t. ash ahr trade.
f- Order, from (b. other Iehadr Med at
aarket rates. mm
DsWr CA LI FOBS I A SAT UT-Rt at by