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SAVE TIME AND EXPENSE !
BUY THE CHAMPION POST AUGUR, OR POST HOLE DIGGER !
AM, THAT 1H nVA IRKO TO COWIItCK AM ONE OF
mi-rwu menu 01 um implement is ror tm-m to MM it openitp.
rjnwp the hanrtlf, a shown in ihe rut : rlrlrp it flhanty into the frrnand.
aiway fftrtklnt: In tbe ttnui Jar . or near it, until the earth sticks Id the
cylinder : rah- It out and drop it on the remind uMi-wijie. Holding the
Handle in the hand, and the earth will falJ out. TItV THEM I
We also Offer For Sale,
Mnr Mollne Ilnwa, Ames' Plow. Parts Plow. H Arrow-., fultlvatnra.
itampiou alnwlne Maehlnea. f,an.r-n JUn-h, rlitiiti-r Hov Onirj Hoe,
Pick Axea, Pick MatbtekK. Oos, Flinvebv, Kpal'-f : Wood, iron and Steel.
Jtalcoti: ( jiff- Knives, Ox Itows, Ox Yotrtfi, Ox fliaiup, Scvtho PriMhs, (irlnd
Nton and Fix.tnr.-s, IJay Cutler, Uncle Teed uttei. Wheel and Canal
Harrows, aim utntr
We keep on hand a Splendid Assortment of
Builders1 Hardware d" Mechanics" Tools
And are constantly matin luldiliorjh thereto, W( make -i' rialti. of
House Furnishing and Ornamental Goods,
Lamps, Lanterns, Chandeliers, and Oils.
Seines and Twines, Fish Hooks and Lines
for the Averill Chemical Paint Co.
THIS PAINT IS MIXED READY FOP VSE,
au4 can h had In . and 5 gallon containers. A vpry lartrf quantity I heinR Mold in the Vtiited states, and It is
artertor u mi other I'ainl own. rnn m stork" nt prtent ni.T M purt nil. tint can
mmmmw any guanutv. or tiiirty-onr dUTiTctit ntiane una colors, u iucn aiu ire seiecteu iruii: a taimpie turn m our ouice,
m mats aaj'K fram the time we receive the order.
li" arc in Communication tcitft Manufactttrers ami Afjents of all kinds of
IMPROVED FARMING TOOLS AND MACHINERY!
AMI KI SI I I I I ! -V
Solicit Orders ior any Class of Goods in Our Line !
' .; I.i.. " li alarkl : Mill IMI'ORT TO OKI, l.K f..,rr:. IMMV, or
aur pan of tlie Colled btaU-h. uti tlj moat liberal tcrnis.
DILLINGHAM & Co.,
ka S3 ami T Kins Street.
C. BREWER CO.
OFFER FOR SALE
BY UTE ARRIVALS FROM BOSTON !
The Following Assortment of
Aubun, '(' to lOOOIbs,
Leather Belting, 3 to C in, Oak Tanned,
Boies Jut and Bale' of Hope,
Boats assorted St; lee,
I. -a. i Lancet.
Cam Kaive. Caltirators,
Caru, Hand. Male and Horse,
Copper Taint, Ca&al Barrows,
Cumberland Coal in Casks
FEHCE WIRK, BEST QUALITY :
FIRE CUV. FIRE EXTINGUISHERS!
1 How lmer for Sawing Wood,
rianten Hoes. Hay Cutter,
Kaolin. Fire Clay,
Yellow Pine Weil Seasoned
Yellow Metal. If, to 26 01,
riowt various etvles and sites.
Pails 3 Hoop,
American Prints Desirable Styles!
Bert (Joelitv Kniin,
Turks Island Salt in Oak Barrels
Nests Tainted Tubs,
W heel Barrow t.
Casks of ECC COAL!
Imporietl Expressly for Family Use.'
I N FLATION.
Till. 151. t IT I I I.
II a acrauiulateU to such un extent per the Steamer
" City of San Francisco !"
Tliat I needs
AN INDEPENDENT JOURNAL,
DEVOTED TO HAWAIIAN PROGRESS.
Formal opening of tbe Oreat Eipoilllon Ttlr
I'nlted States glrra Welcome to the Notions.
Ex Favorite, From Victoria :
It"' Barrels Fraaer Hirer Salmon,
SO Hall Barrels Prater River Salmon.
Era? Barrel in Perfect Order and,
FtfB SALE AT A VEKY LOW FIuCRE,
Ea.NkTn Pine Sugar Shooks !
WILL BE 60LD
At m Lomcr Price Than Ever Before Offer
ed in This Market
These Shooks are Thoroughly Seasoned
And offer adrurtagct over All otbett,
SOLD IN THIS MARKET :
Holding a larger quantity of togar, gaining from
a per oant- to S per cent, in setting up and requiring
Bo evK wring after leaving the Plantation
Tliis Elo2-jviit Stool:
CO.SI;rS l the FULLOniKV ELGVANT
Ladies' liivetcd Sole Leather Trunks,
Ladies' Kiveted iJridlc Leather Trunks,
Ladies' Elegant Leather Trunks,
Ladies' Canvas-covered Trunks,
Ladies' State Room Trunks,
Girls Toy or Doll Trunks,
In great variety and In all colors.
Uent'a Riveted Sole Leather Trunks,
Gent's Riveted Bridle Leather Trunks,
Gent's Leather Trunks,
Gent's Riveted Sole Leather Valises,
Gent's Bound Edge Valises,
Gent's Black and Colored Loathcr Valises.
Gent's Patent Corner Valises,
Gent's Boston Valises,
Gent'ii Carpet Valises,
Ladies I Children's Manila School Bags
A BEAI'TIFCE I.I M; OF
BKFORE THK CKRKMOMfS.
Pnn.ADEi.pniA, May 10th. To-day lining- a le-
gal hulidny id thifi Mute, all places uf Ijusimv? in
the city are cloaed and bunting is displayed in
profusion in all Ihoroogbrarea, and to-night there
will be a trrand illumination. I be exhibition was
promptly opened at 9 a. m. Since that boor
there bag. been at all the different entrances
continuous jam. I be clouds, which bad up to
7 a. if. been very threatenioe, have now entirelv
disappeared, and the indications are that the day
will be extremely hot. The Foreign Commis
sioners and other distinguished visitors and guests
are being seated with very little confusion, their
entrance being effected through the Main Kxhi
bilioo Hall, which will remain closed to the gen
eral public nntil noon. The ceremonies opened
at precisely 10:15 a. M.. the uational airs of all
nations being performed hy a large orchestra. It
i9 estimated that 50.000 people are on the grounds,
and the populace is still pressing nt all of the va
rious entrances. Kvery available spot in the
neighborhood of the Urand Stand in front of Me
morial Hall is occupied by the crowd which is
now impatiently awaiting the arrival of the Presi
dent ol the United States, who has bceu escorted
to the main entrance by the military.
The inaugural ceremonies are iully under way.
At 10:30 a. si. Doin Pedro arrived and was es
corted to his seat by Gen. Hawley. At 10:45
General Sheridan and wife passed over from the
building to a stand in Trout of Memorial Hall, dur
ing the rendition of the Natiouul aire, and was
greeted with great applause, which be gracelully
acknowledged. He was closely4ollowed by Hon
J. Gk liluiue, Senator Jones of Xevsdu.'aod wife.
At 10:55 the President entered through. Memo
rial Hull and was conducted to a Beaton the plat
form. Governor Hartraiift, General Hawley and
the Hon. I). J. Morrill occupied seats od bis left,
while Messrs. John clch and boshorn were on
bis right. Considerable amusement was caused
by the sadden appearance of Fred Douglass in
the crowd, and lie was helped over the ropes by
the officers and conducted to n seat on the plat
form. He was greeted with cheers.
Philadelphia, May 10th 11 a. u. The eky
has cleared and the weather is beautifully sunny
but uot too warm. The grounds are iu a very
good couuiLion iu spile of the hard rams. The
gates were opeued a little after 8 o'clock, and
the crowds have beeu pounug iu ever since. It
is roughly estimated that 50,000 people are now
on the grounds, and still there is a constant rush
of people through the gates. The favorable
change iD the weather will permit the original
programme to be curried out. A spacious plal
torin has been erected ul the side of Memorial
Hall, for officials and invited guests, 'the or
chestra of 150 pieces and chorus ot 1.000 voices,
uuder the direction of Theodore Thomas and
Dudley Buck, ure stationed directly iu front of
As the Kuiperor of Brazil and party came to
the platform they wero loudly cheered, and the
orchestra played the Broziliuu national hymn.
Gen. Hawley greeted the distinguished visitors.
The Emperor was in citizen's dress and wore a
decoration concealed under the luppel of his
coat. The platform was by this time crowded
and many guests were uuprovided with seats.
At 10'48 the signal was given for the music to
stop, and five minutes later the 'resident, es
corled by General Hawley, advanced to the front
ol the platform and was loudly checrod. I bo
orchestra then played Hail to the Cltitf, during
which time the President shook hands with the
Kmperor, Kinpress and guests.
At 11:30, Wagner's CeiUvmiial lnauyuralion
March was performed by the orchestra, at the
conclusion of which Bishop Simpson offered the
prayer, during the rendering ol which a majority
ol tne rat assemblage stood with uncovered
At the conclusion of Bishop Simpson's prayer
Wbittier's Hymn was sang with grund effect,
eliciliug loud applause. It is as lollows :
most within yoar view, stands the venerated edi
fice wherein occurred the event this work is de
signed to commemorate, and the Hall in which
the first Centennial Congress assembled. With
in the present limit of this great park, were the
homes of the ancient patriots ot that era. where
Washington and bis associates received generous
hospitality and able counsel. You have observ
ed the surpassing beauty of the situation placed
at our disposal. In harmony with all this fitness
is the liberal support given the enterprise by the
Slate, the city and the people. In the name of
the United States you extended a respectful and
cordial invialion to the Governments of other
nations to be represented and to participate it)
this Exhibition. I know the very acceptable
terms in which they responded from even ihe
most distant regions. Their Commissioners are
here, and you will seen with what brilliancy they
have entered upon this friendly competition iu
the arts of peace. It has been the fervent hope
of the Commission that duriug this festival year
the people from all Slates and sections of all
creedH and churches all parties and classes
burying all resentment?, would come up together
to this birthplace of our liberties, to study the
evidences of our resources, to measure the pro
gress of over one hundred years, and to examine
to our profit the wonderful products of other
lands ; but especially to join hands in perfect
fraternity and to promise the Gods of our fathers
that the new century shall surpass the old in the
true glories ot civilization. Farthermore, thai
Irom the association here of welcome visitors
from nations may result uot alone in great bene
fits to inventions, or manufactures, agriculture,
trade and commerce, but also stronger interna
tional friendship and more lasting peace. Thus
repeating to you and all present, under the lawB
of the government and the usage of similar oc
casions, in the name of the Centennial Commis
sion I present to your view the International
Kibildtion ol 187C.
ALL OF THE ABOVE GOODS !
Will be sold Low
To Close Consignments,
Tc make room for sew goods expected per
J"yioii unci Coy Ion :
TO ARRIVE EARLY NEXT FALL,
J VOICES OF WHICH ARE EXPECTED
C. BREWER & CO.
LATELY RacBl V alD
JUST TO HAND
A Beautiful Line of
GENT'S SHOE WARE!
Including the celebrated
CORK SOLE GAITERS,
Now so generally used In the United Slates. TnU Shoe Is
IVrrwlly Watrr I'rool.
A Fl 1,1. LINE OF AEtV MILLS OF
T ES "W ES T-i n !
Ol all Kinds nil (I Lntcsl Designs.
Watches in Gold and Silver,
Lockets, Locket and Neck Chains,
Chatalaine, Gent's best Chains and Guards,
Gold Rings, Diamond Rings,
Silver Forks and Spoons,
Silver Cake A Fish Knives,
Silver Butter Knives,
Sugar Shells, tc.
Ladies you are Respectfully Invited to
F.XAMIXE THESE KICE GOODS
Before Purchasing Elsewhere.
"" IM. MclNERNY.
and Poetry of Aiurnrm.
1MB Uvint: Author.
Utrof Oirifu VoL I.
of Sew Enctaml.
I me. in I-oelrj ,
Hi I if 1 1 ret Oemplete Works, one volume.
VmmM Oeolop-. ncwed.)
OaiiilinrtoaTi Oem'l law for Business Men,
rvui: am! uau.r Batata p-Uf aud Clauks.
Mir TM llTTIliiltai
taa la hnut
Jala Verne Earth and Moon.
SVawjwew'B Oopm Mary a drama.
. 1'ueaav CStaplcte in one vol.
Waasaa f fJacxvU History, bound, foil morocco,
atiiSjawJ' Ptcnentry of Mwauuuca, ; vota,
UwtatT f Pwaaoae Fiction.
M till it. Talk with Housekeepers.
Aa4 newer recent works, too nasnrou to name.
tat ratSalebgr H.M.WHITNEY
HAWAIIAN GUIDE BOOK!
A BRIKF DKSCKimoS OF THK hawaiiav roi
AND?. TUEIK HARBORS. AGRICULTURAL RE
.OCItCRe PLANTATIONS. PCEN Kit Y, TOL
CANOKS, CLIMATE. POPCHTION, AND
A- Map, -A- Ihill Indox,
KKFKRE.VCES TO XEAKLV TWO HI V -DRKD
Topics of iatcrrst, or places to ba visited Is
This Really Valuable Hand-Book,
CONTAtNIXO H4 TAGES.
Should be in the
AX JTAX UU-aHXrfSB PER FAIV
Ism skat oar, aao In perfect order. For sale or
May l lSTt. BOLLES 0 CO.
El LOS, AND FOR KALE
rW.I BOLLES d CO.
Ecay one intending to risit this Group, or
seeking information about the Islands.
It gives just the information ream
ed hy tourists and immigrants,
vith cost of
Travcline. Urine, Lands, Ac.
Price E"irty Cts.
Mailed to any part of the United States at Europe,
For 60cts Full Postage Prepaid.
H. M. WHTTSET, Booolala.
WHITE A BAUER, San Fmnctsjo.
ottS 3m GORDON k GOTCH, Sydney, N. B.W
California Beef in Bond.
RECEIVE W PER M.I BELLE ROBERTS.
For sate by W2J BOLLES A 00
BTMS UT JOHN ',.! . M.i M' VUlTTllB..
Our father's God, from out whuee hnnd
The centuries tail, like graios of mud
We meet to-day, nulled, tree,
And loyal h our land and Thee
To thank Thee for the era doue.
And tro,t Thee for the peuiug one.
Here, where of old hy Thy design,
The lathers spoke that word ol Thine
Whose echo is the glad refrain
Of rended bolt and falling chain,
To grace our festal time, from all
The toues of earth our guests we call.
Be with us while tho New World greets
The Old World, throughout all ita .Heels;
CnreilluK all the triumphs woo
By art ol toil beneath the sun,
Aud udUi common icood ordain
This rivnLshlp of hand and brain 1
Thou who hast here In concord furled
The war-llags of a gathered world.
Beneath our Western skies fallfll
The Urielit's nihudou of good will,
Aud freighted with love's golden fleece,
Stud back the Argonauts of eace t
For Art and Labor met fn truce.
For Beauty made the Bride of Use,
We thank Tin, while withal we crave
The austere virtues, stroug to save,
The honor, proof to place or gold.
The Manhood never booght or sold I
0 mske Thou us through centuries long
lo peace secure. In justice strong ;
Around our gift of freedom draw
The safeguards of Thy righteous law,
And, cast in some diviner monld.
Let the new cycle shame the old 1
Welch, President of the Centennial Board of
Fiuance. presented tbo building tG the United
States Centennial Commission at 12 o'clock.
General Hawley arose and Baid that as Presi
dent of the Centennial Commission he accepted
the great trust conferred by the Board of Fi
oaoce. At 11:35 Lanier's Cantata was rendered.
Following are the opening lines ;
CAKTATA nr srnstT uxaa.
From this hundred-torraced highl.
Bight more large, with nobler light.
Ranging down yon towering years
Humbler smiles and lordlier tears
Shine and fall, shine and fall,
While old voice rise and call.
Every word ol the basso by Myron N. Whitney
was distinctly audible. At the rear of the
guests' platform the assemblage maintained ex
cellent order throughout and loudly applauded
WhitQey, who acknowledged it by repeating a
portion of the cantanta.
At the close, members of the choruses called
for Buck, the composer of the music, who made
his appearance and bowed his acknowledgement
of the compliment.
At 11:48 began the presentation speech by
General Hawley, turning the exhibition building
over to. the f resident ot tne united states.
PRESENTATION OF TUB EXHIBITION' TO THE PRESI
DENT OF THE UNITED STATES BV JOSEPH R.
Mr. President .-Five years ago the Presi
dent of the United States declared it Gtting that
the completion of the first century of our nation
alexistence should be commemorated by an exhibi
tion of the national resources of the country,
and the development of its progress in those arts
which benefit mankind ; and it was ordered that
an exhibition of American and foieigu arts, pro
ducts and manufactures should be held under the
auspices of the Government of tho United States
in the city of Philadelphia, in the year 1876. To
put into effect the several laws relating to the
exhibition the United States Centennial ,Com
missioners was constituted, composed of two
Commissioners from each State and Territory,
nominated by their respective Governments and
appointed by the President. Congress also
created an auxiliary and associate corporation
the Centennial Board of Finance whose unex
pectedly heavy burdens have been nobly borne.
A remarkable and paralyzed disturbance of the
finances and industries of the country has great
ly magnified the task. Bat we hope for a tavor
able judgment of the degree of success attained.
On July 4, 1873, this ground was dedicated to
its present uses. Twenty-one months ago this
Memorial Hall was began, and ail the other 160
buildings within the enclosure have been erected.
Within twelve months all the buildings embraced
in the plans of the Commission itself were fin
ished. The demands of the applicants
EXCEEDED THE SPACE,
And strenuous and continued efforts have been
made to get every exhibit ready in time. By
general consent the Exhibition is appropriately
held in the City of Brotherly Love. Yonder, al-
ADDRESS BV THK PRESIDENT OF TIIF. UNITED STATES
AND PROCLAMATION OF THE OPENINO OF THK
INTERNATIONAL EXHIBITION OF 1876.
My Countrymen : It baa been thought oppro-
priale upon this Ccutennial occaaiou lo bring to
gether in Philadelphia for popular inspection
specimcus of our attainments in industry, Ihe arts
uud literature, science and philosophy, us well us
in the great business of agriculture and of com
merce, that we may thoroughly appreciate the
excellencies and deficiencies of our achievements,
uud also to give emphatic expression to the earnest
desirej to cultivate the friendship of our fellow
members of the great family of nations. The en
lightened sgricultura. commercial and manufac
turing people of the woilJ have been imiled to
seud thither corresponding specimens of their in
dustries to exhibit on equal terms in friendly
competition with our own. I o Ibid invitation
they have generously responded. For so doiug
they have our hearty thanks. The beauty and
utility of tho contributions will this day bo sub
mitted to your inspection by the managers of
this exhibition. We ure glad to know that u
view of the specimens of skill of all nations, will
afford to you uuequuled pleasure, and yield to
you u vuluuble practical knowledge, of so many
of the reniirkable results of the wonderful skill
existing in enlightened communities. One hun
dred years ago our country was new and but par
tially settled. Our necessities havo compelled us
chiefly to expend our meuns iu falling the for
ests, subduing the prairies, building dwellings,
factories, ships, docks, warehouses, roads, canals,
machinery, etc. Most of our schuols, libraries,
uud asylums buve been established within one
hundred years. Burdened by these great primal
works of necessity which could not be delayed,
we yet have done what this exhibition will show
Iu this direction, rivaling older uud more ad
vanced nations iu law, medicine and theology, in
science, literature, philosophy aud the fiue arts.
Inlat proud of what we havadooe, we regret
that we have not done more. Oar acheivomcots
have been great cuouoh, however, to make it
easy lor our people to acknowledge superior
merit wherever found.
And now fellow citizens, I hope a careful ex
aminutiou of what is about to be exhibited will
not only inspire you with a profound respect for
the skill and taste of our friends from other
nations, but ulso satisfy you with the attainments
made by our own people during the past one
hundred years. I invoke your generous co-operation
with the worthy Commissioners to secure
a brilliant success to this luteruatioual Exhibition
and to make the stny of our foreign visitors, lo
whom we extend a hearty welcome, both profit
able aud pleasant to them. I declare the Inter
national Exhibition opeo.
Tho President was loudly cheered, the Em
peror of Brazil rising in his seat and joining in
the demonstration by waving his hat.)
UNFURLING " OLD GLORY " RINUINO OF BELLS,
At 12 o'clock, at the signal from General
Hawley, the American dug was unfurled from
the tuuiu building. The " Hallelujah Chorus "
was rendered with orchestral and organ accom
paniment, u salute of 10U guns was fired from
George's Hill, together with the ringimr of
chimes frrfm different parts of tbo ground, llnr-
ing the perlormance ol tho chorus the roreign
Commissioners passed from the platform into the
main building and took their places npou the
central aisle, before the respective departments
alter winch rresident Urant, accompanied by l)i
rector-Generu! Goshoru, followed by the guests
of the day, passed into the .Main liuiiding, und
thence to Machinery Hull, and from there to the
judge's quarters, where a reception was held.
TUB EXHIBITION OPENS.
The Philadelphia Exhibition is now open
The cordons of guards have been removed from
the approaches to the Main Hull. Cheers are
resounding on all 6ides, bells are ringing, bands
playing iu all directions, and the Centennial Ex
hibition of 1876, is formally opened.
1 he procession, headed by tbe 1 resident, after
passing tbrongb the Main Exhibition building
passed to Machinery Hall, where the President
ut 1:22 p. m., assisted by Dom Pedro, put in mo
tion the great engine, thus starting all the ma
chinery in that building. Ine military are now
marching through the grounds and all the build
ings are open to tbe public.
Supreme Court of the U:i w ai Ian lal.
untlfi -April Xerru, 1S70.
JOHN 0. D0MIN1S vs. J. N. PAIKULI
JUDGMENT OF COURT, JURY WAIVED.
This is an action of ejectment for tbe possession
of a parcel of land at Waialaa, Oahu, being
Apana 2. of Royal Patent No. 909, containing
The plaintiff claims the land under deed of
Naunaana (w), dated tbe 18th July, 1874, and
recorded on tbe 3d day of August, 1874.
The defendants defond under two leases from
the same party. (Naunaunu), one lease dated
the 10th day of October, 1872, the other lease
dated the 1st day of April, 1874. Both of tbe
leases were recorded on '.he lath of June, 1875.
Tbe plaintiff claims that, as the leases to the
defendants were not recorded aotil after plain
tiff's deed, tbey are void as against the plaintiff,
he claiming to be a subsequent purchaser in good
faith, and for a valuable consideration, not having
actual notice of these leases. Tbe statute on this
subject is as follows: (Civil C. Sec. 1262).
" All deeds, leases for a term of more than one
Year, or other conveyances of real estate within
this Kingdom, shall be recorded in the office of
tbe Kegistrar ot Conveyances, and every sucu
conveyance not so recorded shall be void as
against any subsequent purchaser in good faith
aud for a valuable consideration, not having
actual notice of such conveyance, of the same
real estate, or any portion thereof, whose con
veyance shall be first duly recorded."
The defendants claim that tbe plaintiff had ac
tual notice, and that is the issue in the caw.
The testimony offered is that of Naunaana
herself, who stated tbalat tbe time when J. Ama
ru was negotiating with ber for a purchase of tbe
land in dispute for the plaintiff, she told him
( Aruara) that it was under lease to the defend
ants for twenty years. Mr. Amara, however,
swears that he did not know the land was leased,
bad never heard of auy lease before tbe sole of
the land to Dominis ; and that the woman Na
unauna bad never told bim of tbe lease
Kaiama states that he told Owen J. Holt that
the land was leased ; bat Mr. Holt swears that
Kaiama told him there were natives there work
ing under the woman, but that nothing was said
about a twenty yean lease.
It is, therefore, not at all certain that either
Amara or Owen J. Holt, who were assisting tbe
plaintiff in making inquiries in regard to and in
purchasing this land, were aware of the lease ;
and no attempt is made to shew that the plain
tiff himself had actual notice. It may be urged
that tbe fact that Owen J. Holt was told by Kaia
ma that there were natives on tbe land working
under this woman, (the Grantor) was sufficient
to pat him on inquiry ; however that may be, it
would not bind Domiuis unless he knew of it ;
and Kaiama says that Dominis was not near
enough to hear this statement. The statute says
that tbe subsequent purchaser mast have actual
notice of the previous deed, in order that the
effect of the deed may be nullified. Now the
defendants not only do not bring home to tbe
plaintiff any actual uotice of the previous deed,
but on tbe contrary the two persons Ihroogh
whom they seek lo bring home tbe notice to the
plaintiff. Amara and Owen J. Holt, not only
say that they did not tell the plaintiff that there
was any prerinus lease of the land, but deny that
tbey knew of any or understood from the grant
or, or from her friend Kaiutua, that there was
any such lease, Mr. Holt saying that bo under
stood Kmama to ssy that tbe natives were work
ing under the owner.
The louse, therefore, under which the de
fendants hold, are void as against the deed of
the plaintiff, he not having actual notice and
havini; first recorded his deed.
Judgment for plaintiff and costs.
Ciias. C. Harris,
A. Francis Jidd,
Justices Supreme Court.
Honolulu, May 6, 187C.
H.HACKFELD & CO.
F O H JS A. Ij E!
Per Hawaiian ' Bark Ka MoF !
M. RAKEMAN.V, MASTER,
Just Arrived from Bremen.
T. H. DA VIES ct al. vs. H. HA CKFELD & CO
Trover. On motion for new trial, ou the
ground of surprise. J add J.
The following is the nlfijavit in support of the
motion : "Edward Purstenau of Honolulu, Ha
waiian Islands, being duly sworn, deposes and
suye that be is a member of tbe firm of H. Hack
fold & Co., the defendants in the above entitled
cause ; that said defendants at tbe trial of said
cause were surprised by the introduction in evi
dence by the plaintiffs of a certain unrecorded
memorandum contradicting a certain recorded
release on which the defendants relied and were
advised to rely as a defence, of which memoran
dum they hud no prior knowledge.
That tbe said defendants were further surprised
by the plaintiffs evidence that the date of the
alleged auction sale was not the same with tho
dale of their assignment of the mortgage there
in Die 1, and that the fact is that the defendants
can show that said sale and assignment were up
on the ame day, to wit : on the 18lh of Sep
tember. That in consequence of the said sur
prise, the defendants relying on the defence of
said release, were not prepared at said trial to
show what is the fact,, that they bad entered into
possossioo of said Chung Hoon's plantation and
oilier properly on his Baid plantation by his con
sent and on bis abandonment thereof, at a
date several days prior to the said 18lb of Sep
tember, and that the said property in dispute
was their own property placed by themselves on
All of which evidence was not produced by
the defendants at tho trial by reason of their sur
prise us uloresaid. in connection with the long
lapse of time since the case was brought."
By thk Court .
Tbe defendants had a right to rely upon tbo
recorded bill of sale and assignment, nnder the de
fence of showing apai-amount title in a stranger.
Tbe contemporaneous memorandum introduced
by the plaintiffs to contradict tho assignment,
uot being recorded, might well surpriso the do
defendants and their counsel, considering tbo
long time that bus elapsed since this cause was
commenced and considering tho change ol coun
sel for the defendants, consequent upon the re
organization of this Court in 1874.
Tbe defendants may or may not, be able
to make good tbe new defence now suggested,
that is, of title in themselves, not under tbe mort
gage, but as Agents or Factors of the plaintiffs'
bankrupt. The Court is not called upon to
weigh the effect of the new evidence offeied,
precisely its a jury would weigh it, but lo see if
under all the circumstances of the casts uew
trial would be just and proper. It seems to me
that tbe interests of justice require that the de
fendants buve tho opportunity to offer asWhnco
which would not have been necessury if the
"memorandum" above referred to had not been
A new trial is ordered, costs to abide the
E. Prostoa for plaintiffs; A. S. Hartwell
A. Francis Judd,
Justice of tbe Supreme Court.
Honolulu, May I8lh. 1876.
LUMBER ! LUMBER
ALLEN & ROBINSON.
OFFER FUR MALE IN 1(1 AMIIII.S TO
The Cargo of North West Lumber I
EX JANE A FALKINBURG.
At their Lumber Yard,
ON ROBINSON'S WHARF.
is Low Rates as can be Obtained
1 in. Boards,
T. & G. Boards 1x0,
1 i v.: Battens,
3x3 Clear Scantling,
4x4 Clear Scantling,
5x5 Clear Scantling,
4 in. Plank,
3 in. Plank'
2 in. Plank,
1 J in. Plank,
H in. Plank,
is ALEE Sit KOISI VSON.
piNK PADS, CHOCOLATE AND WHITE
OROCND PRINTS, MUSLINS,
Horrocks, Long Cloth, A 32 in. A 36 is. B
and H 38 in.
Torktr !' I. Drown Cotton snd Drill,
Blue Cotton Drill, Ticking, Hickory Stripes,
Cotton Sheeting, 72. 0, 90, and 100 in.
Musquito Netting. Water-proof Cloth.
Black and Colored Merinos,
Black Coboargi ui I Italian Cloth.
Barege, in ail colors ; Linen,
Twilled Cambrio and Silssias,
Black Lotting, Flax Padding,
Cotton and Linen Thread, white, black and
brown, assorted numbers.
White & Brown Cotton Turkish Towels, c,
Linen and Cotton Handkerchiefs, white and
turkey red ;
Table Clothf, Men's Socks,
Ladies' Stockings, assorted,
White and Brown Cotton Undershirts, and
Water-proof and Flannel Shirts,
Black Lace Shawls, Silk Umbrellas,
Plaids, Ponchos, Monkey Jitckets,
FLANNEL SACKS AND PANTS,
Buckskin and Cloth Sacks and Pants,
An Assortment of FINE SUITS,
scarlet, green, blue and white ;
White Cotton Blankets, 11- r-e Blankets,
Light and Heavy Burlaps,
Wuolpack, Sail Twine,
Rug and Carpels,
Rubber Goods Uarters, Suspenders, Girdles
A LARGE ASSORTMENT OF SADDLES,
Bridles, Bits, and Spurs,
French and German Calfskins,
India Rubber Balls, Feather Dasters,
Blank Books, Blank Notes,
Genuine Gold Leaf,
Jewelry, such as Ear Rings, Brooches, Xc.
Ilarnnmica, Massa Pipes,
London and Meerschaum Pipes,
Genuine Eau de Cologne
Lubin's Extract's Soaps, Tooth Brushes,
Pocket Knives, Scissors, Charcoal Irons,
Washing Tubs, Galv. Buckets, 10 and 12 in.
GERMAN, ENGLISH AND FRENCH
Crushed Sugar. Ssrdines, c., Ac.
Wax Tapers, Camphor, Safety Matches,
White Zinc, White Lead, lireen and BUck
Berlin Bile, Unbbuck'a Paint Oil
Johannisberger, Liebfranenmilcb, Claret,
Champagne, Heidaueck's, Ac.
Sparkling Hock, quarts and pints.
Key Brand, St Paul's, Lager Beer,
Jeffrey1! Ale A Porter, Bavarian Beer, qtt a pta
Cognac Brandy, Uin, Ac, Alcohol in Demijohns
CIGAES - - HAVANA & GERMAN
Fence Wire, Nos. 4, 5 and 8.
C. C. Tin Plates, Sheet Zinc. Keg RiseU,
Oalranited Iron Pipe, in. I in. 1 in. 1 in.
Babbitts Metal, Hoop Iron, f), , , II.
Wrapping Paper, Horse Rope, white ;
Corkt, Moulding, Looking (liaises A Chroma,.
Tumblers, Water Monkey s.Oambier snd Cotch,
.Demijohns, I. I, 3and 5 galls.. Market Baskets,
Rirch Brooms, Cement, Fire City, Fire Brick?,
Slates, Barrels and Caskt, Ac, Ac
Orders from tbe other Islands Carefully
WILDER lit CO.,
Importers and Dealers in
BUILDING MATERIALS I
Sor West Scantling, Boards !
Tongatd A Orooretl, Surfaced.
Planks. Battens, Pickets !
U la. x 4, Ixi, and 1x6, for
Scantling. Boards, Pltak,
Battens 1x3, 1x4, 1-3,3. sad 1-Zil
Pickett Koafli sad Fancy.
Surface! Boards aad Plask. 7-3 to 1 ia.
Tongaed and Grooved
TIMBER FOR SHIP USE
1x12 to .16x16
Clear Nor'West. for Planter's Use
EASTERH WHITE PINE.
California and Eastern Doors, all sizes
SASH, all sites ; BLIND, all tisss ;
WHITE LEAD and ZINC I
PAI.Vr Oil. MALI ! tl.vr I HKAI-.
Patty sad Varnish,
Glass, So. IxZ sad 2.
Wall Paper and Border
Iron and Tinned Tacks,
Taint and Whitewash Brashes',
METALLIC AND FIRE-PROOF PAINT
For I" in it i n or any Other I'se,
Butts and Hinges,
Hooks and Eyes, Ac.
Salt in Quantities to Suit .
Matting, Matting, Slatting!
Cheap as the Cheapest,
White 4-4 Contract & Good
CASTLE & COOKE'S!
mw eoois, nw eooos!
STEAMER CYPHRENES !
San Francisco. New York and England
Cootisting in Part of
A MONK K AC I) KM lis.
Fine sad Medium Ticking,,
Amoskesg Bro. Drills, Amoskeag Blue Drills,
Fine and Medium White Flaaoals,
Unbleached Col teas.
THE I I J',KNIIr KI OFFER FOB MALE
at kobJnaoii's Wharf, En qunUties to quit purchasera
the Cargo of RoUwwcxl Lumber
- FRO JI II AUK
GEJIS ofU EBM AS, WOTTIHII and SACKED
Tbe Home Circle, vols. 1, 2 and X,
Tbe silver Chord Musical Gem,
The Piano al Home Pianist's Album,
Piano Forte Gems The Musical Treasure,
Gems of guanas Opera Honffe,
The Organ at Uome Carmlna Sacra,
Bicnardaon's Piano Forte Instructor,
And all the popular 8. 8. Juvenile tune books, with
over 200 pieces late music, vocal and Instrumental.
MSIm For Sale or H.M.WHITNEY.
RULED CAP PAPEat 12, It and It lbs. to tbe
Legal Cap Paper It and II lbs. to tbe ream.
Broad and Narrow BUI Papers.
fine Ruled Letter Paper.
Commercial and Frr-nch Ruled Note Paper.
T solar Bsjntnal Paper and Envelopes, ass n stvles.1
Ladles' White and rink Initial Paper and Envelopes
uwn ruuu n uue juiuaj raper ana l in itntsja.
A great variety of all kinds and sixes of Envelopes.
H. M. WHITNEY.
1 In. SURFACED REDWOOD BOARDS,
1 1-2 In. Surfaced Redwood Boards,
1 14 In. Surfaced Redwood Boards,
1 1-2 In. Surfaced Redwood Flanks,
1x6 In. Tongued ft Grooved R. W. Flooring
1 14x6 In. T. ft 0. B, W. Flooring,
1-2 In. Redwood Siding,
1 In. Rough Redwood Boards,
1-4 In. Rough Redwood Boards,
2 In. Rough Redwood Plank,
4x4 Rough Redwood Scantling,
4x6 Rough Redwood Scantling.
6x6 Rough Redwood Scantling,
8x8 Rough Redwood Scantling,
1-2x3 Redwood Battens,
" FATES' " STJP. REDWOOD 8HIH0LES !
ALLEN & ROBIN80N.
0ns Cass of those Superior O. B.
FROM BOSTON. ALSO,
Garden and Plantation Hoes, No. 1 aad 1 ; Msttoeks
C. S. Spades, Shovels, Scoops aad Bakes,
Handled Axes, Uatchets Shiagliaf aad Axs patters
Rim Knob Locks, Chsst aad Padloaks, Ac.
Clothes Pins. Raw Hides, Sash Cords, Sand Pops.
Sash Cord. Svrtoges, Mscilags, Horse Cards.
Sledges, Champers, Hone Nails and Shoa Ink,
T Hinges 5 to 14 in., Tinned Tanks 8 to U iu.
W. W., Paint, Shoe, Serob and Vanish Uriahs.
Self Heat Irons. Mason's Biacking,
Cora .Starch. Wbitiuj, Metallic Paint,
Snow Whits Zinc, Eiutero Brooms Pa'.tj.
A large Assortment of ChimotT,, Common, Clipper,
San, Perkias A Howes, Aa.
Lanterns, Karossna Wieks, As.
A few dotso of tbs best Patent Glass Preterviog J art,
Per Jane A. Falkinburg,
Orsgoo Dried Apple. Orsgoa Haass
Frsih Salmoo, I and 2 lb. tins.
Also, on hand,
Pari,, Eagle 2 and 20, and Clipper Plows,
Cultivator', IL.rse Hos. Canal Barrow.
Cane Knives, Scythes and Snaiths, ka.
Cat Nail 3d to 60d, Cat Spiks. 5 to iaeb.
Files Round Sqaara, Flat aad J-RounJ, 6 to H in.
A LAROB ASSORTMENT 07
Shelf Hardware, Saddlery, Painls & Oils
J law JIO. Itxli,isil6,e
A Large Asst. of other Goods,
which will be
CALIFORNIA OAT HAY.
CALIFORNIA HILVER SKIM ONIONS.
CALIFORNIA POTATO KB.
Received per Murray, and for sale by
CASTLE & COOKE.
From London Direct!
The Hawaiian Archipelago
BY THt istlim t BIKIK
sasrmruux uxorsuvkb wiva
and a Large Hap of the
Crater of Haleakala,
rnii stark eontaln tits, a. I vivid i
Hon of Hawaiian rjr that baa
evor awtost i
sttonld be In
Those Wishing a Copy should order at one e
Price Pour Ztollar).
i lor Sale by M. M. WHfWr.1
FB W illi II THE HI4JHENT PUIS Will
be paid at tba Bootjrtor of H. M WHrrXXT,
.tetl at PastOSSee.
HOLIES A CO.
Gold Prat or Pocket KdM S
A LAStOE VARIETY. A 3D TO RK StA AT
tbe Book aud Sews Depot of
li. X. WMTBCET