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The Hawaiian gazette. (Honolulu [Oahu, Hawaii]) 1865-1918, June 14, 1876, Image 4

Image and text provided by University of Hawaii at Manoa; Honolulu, HI

Persistent link: http://chroniclingamerica.loc.gov/lccn/sn83025121/1876-06-14/ed-1/seq-4/

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SAVE TIME AND EXPENSE!
BFT THE CHAMPION POST AUGUR, OR POST HOLE DIGGER!
I I m AT IS R Til I IK1 II TO IVTC A Y OXE OF
Hf &eritB f Uib Unph tiwni in for Utt-m to hv II oprrmir.
imr-rios
i:nrx. lb haixSt. v bo-n In the rut : Jrivr It harp)v Jr.to lb rrntirwl.
tnkltiK lit the mtx.r iMrr. 01 tmr It ui ti tli- .nr;!, t.. t!i.-
c- Imeta-r : rmlnm a it imI drop It on .be rronnd RkVw few buMi&K ttir
.. Um- djukI. and tb- u tL will fall out. THY 1 HKM '
HAWAIIAN GAZETTE
AN IXKKPEXKKST JOinXAL,
DEVOTED TO HAWAIIAN PROGRESS.
We also Offer For Sale,
luUne Am' 1tiw. l arV IKwg. flammr, ( ultiratorn,
rkr Mtminc Marhlo an)ii H . I'ttrr' lit-, Orub Hee.
IHl. nek lUttnrfck. ., hhTi. NmmV : Wood. Irofi mfmI Mf-I.
; (kM ki4rvOx Bwi. Yn-.-. rx ituaJ-. Sr1l- MtMb. Ilrtini
and Flitnrva. ila ttit: i. yjuiU- IV-l v:ii. .., nd t fetal
r. and utber
Hnprrnif 4 onrt or the Hawaiian ILU
:ml Lprll Term, IS?.
JA MBS I 1)0 ,rSETTettL, vs. KA PILA V
In Eqiitt.
ONMO.N BY tlAKRIS, J.
Tke Mamoan DlfBcnlly.
AGRICULTURAL IMPLEMENTS!
HV ktff, on ha ml SjJ,i,iJil .s--rtmeut of
Mates1 Bwdware ft Mechanics' Tools
miv uusi.
W mfe. -iHHiaii.t of
House Furnishing and Ornamental Goods,
Lamps. Lanterns. Chandeliers, and Oils.
CUTLERY!
Seines and Twines, Fish Hooks and Lines
WE AKE
? i i ...I H..!.4 AM
s lor UK1 axtiii iiinmnii rauii i u.
i rrrr tanr- qrewtlty I Mic PM Hi- rniUd Slt. and II hi
We karri - mull ll,-purs' M bits', but ran
Italon. hK-h ran Ix etlcrled rr,ni muipl- 'tnl ul our i 41m -.
IT m f VaMMMMMMtMn fafi Mmmfatttrt : tii AatnU of all kinds of
IMPROVED FARMING TOOLS AND MACHINERY!
A Nil HIMH 111 I.I.V
Solicit Orders tor any Class of Goods in Our Line !
IVI'UKT I II IIKDI.I! I im.I. o,rinuuy. .
DILLINGHAM & Co.,
'. mid 97 I, in- Street.
C. BREWER CO.
OFFER FOR SALE
IT LATE ARRIVALS FROM BOSTON!
T::.iv.z: aUor:nwEt of
MERCHANDISE !
JUST RECEIVED
And For Sale by
F T. LENEH AN & CO.
Anot .. te NMM.
. w. Tar. L." i
Ilr Jw and Rales of I'.0e.
W acr.es
Caltirator..
.NahariBont,
Cefuuar Pant. Csx. Barr, .
Cumberland Coal in Casks
FEICE WlSt BEST QUALITY :
FIRE CUT. FIRE EXTINGUISHERS!
EX 'AGLAIA' 4 'CEDER,'
And other late arrivals.
I Hon.
Ka. .:
e v
HaT C
. Fire
Yellow Pine Well Seasoned
Totte- Mot!. If ts 2 t,
T M'rtrin 5aat,
fliti ranvaf Kr'ef ud aiur,
Mb3aWp
Amencaii Prints Desirable Styles!
Tntt IM Sttk is Oak BatpcI
vara Barrw.
Casks of ECC COAL!
For Store
tmfmtm tufrwmy for family 1st:
Ei Favorite. From Victoria:
The Following Machinery,
om: si .k him. innirrii
ma km tu tumiAi
M AI II I M.s !
nvi sn:M 1 itint:us. 400
nn J OOOIJAI.l.OXS.
DRY GOODS!
Of ;Various Descriptions.
r atiiaa Salmon .
3 Ha!f Barrrif Fraarr River Salmon,
Ever; Band ia Perfect Order afid,
M SS.LX AT A VERY LOW FIGURE,
100,000
Easiera Pine Sunar Shooks !
D
WILL BE SOLD
At Loner Vase 7tw Erer Before Offrr
td in Thi Jttrktt
These Stools are Thoroughly Seasoned
Aa4 aCar mArmaXmt over ail other,
SOLO IN THIS MARKET:
Mating ajajaj onan: ity of aaar. pain in from
fc aM ta S par east, is aattiag ap and retjniriDg
I . (i'.:f :!if r.u:!.
LdCtUORS.
Cae IleidMirfc'? Chainpagne, pintr and quarts'
Banketf Lawrence' Champagne, at, and qt.
Basket Lawrence' Champaicne, extra dry,
Caef HennesfT Itrandr,
Carea Hartell'i xix Uraadr,
Caaes P!anM' ISCJ Braodj,
Caae Smal! Genera,
Baaket Beat Ueneva,
Can Rett Old Tom (Mm.
Case Best Kinahan'i L : -h Whi.'key,
Caaea Dunrille'r Iri'h Whisker.
Bel Scotch Whiskav,
Qaarter Catkf Rent HenneKj'l Pale Brandjr,
Quarter Cask, Reft MarteU's Brandy,
Quarter Caakf Jamaica Rum.
BEST AMERICAN WHISKIES !
Occidental, Hermitage and O.F.C.
Cafes Best Tale therry,
Cases Best Old Port,
Quarter Casks Pale Sherry,
Qaarter Oaaks Irhh Wbikey,
McEwan's India Pale Ale,
Pints and Quarts.
India Pale Ale. pints and quart!,
Bass A Oa'a India Pale Ale. pints and quarts.
Orange Bitters, in cases,
Boutetlean k Co's , , ,
and' Brandy.
Cases Superior Vermouth.
Cases Foker's Bitters, Cases Superior Claret,
AC.
Ac.
ALL OF THE ABOVE GOODS !
Ul bs told Low
To Close Consignments,
axp .
IV aak raoai far Be goads expacted par
-1011 and CToylon :
TO JLKBJVE EAKLT KEXT FALL,
DSTOICES OF WHICH ARE EXPECTED
-VEST MOSTH
C BREWER & CO.
aaa asa
(avan STEWA5TS XXX STOl'T, In stomejnara.
PINTS AND Q I ARTS.
EX
Bark Ka Moi, from Bremen
A FULL ASSORTMENT OF
DRY GOODS
P1
COSSISTISti OF
IXE PRIST? Dsalt n styles.
Flo.' WTilt 'irrwnd Pnnts. n-'W styles.
W'n.tr Svbiramrs White Drula.
Superior Quality of lllcacbed Denims,
Superior Twevda, Shawls Assorted, Ac,
ALSO A FINE LOT OF
This it a bill in eqaitr priyioe that a deJ of
conveyance of J.ihn It lolh. dcseJ, to defend
ant, dated duly 29 1863. of certain premise on
Smith' a'jeet, Monoiultt, be decUrod null aDd
roid.
Tliewlitioner are James 1 I'owsett. an a!
leeed creditor and also m(iripi2e of deceased,
the intestate' admi'iilrJtur.tCahinealobu. widjw.
and heir to one-half iute'tate'p proiierty, and Sa
rah lterj;er and oilier, be'rs to llie other bulf.
There i no pmuosilior. inure clearly estapluhed
than that a ruluutarr conveyance bind parlies
and privies. c?ee Jackson IS. Is.irney. 1G John
Son. !t). ttsborue vr Mo, 7 Johnson. ICI.et
pasfioi.
The law i likewise plainly settled that a vol
untary conveyance, not fraudulent iu Tact. s
pood a to subsequent cre-litor. though voiJ a
to anleceJaul creditors. Uth Wbeaton. 1291
Hind lei-swe, r. lyinsworth. Sexton vs. Whea
loii. f WTa llisj.lfl. und a host ol other authon-tie.
Hut if the conveyance i meant to defraud ex
ittaaf credilor. it will not protect the Rrantee
against subeeq-ient creditor. King v. Wilcox.
1 1 t'dige, SS9, XI Unit, 3o0 ( Va ) 43 Verinout.
48.
So that admitting that the. conveyance under
consideration, is a voluntary one and intended
to defraud creditor, it would bei;ooJ ogaiusl ibe
grantor's heirs, and the question would arise as
to whether Don sett is a creditor. The settle
ment of which question i not particularly essen
tial to this cafe, in the conclusion which we have
reached. Dowsett bad a claim of HOD, which was
Merita! bv a moibrage of a date antecedent to
the date of the record of ii, ,'e-i in question,
and theiefore is Dot abVted by the deed ; beyond
this mortgage it does not appear that Dowsetl
was a creditor of (tooth's al the time of Booth's
decease, but ho made some payments ulter
BwOtk'd decease which were voluntary payments
and amount to $!;"0, of which $S" are for
mourning lor the widow and faueral expenses,
they would be bindiDg probably on the udminis
irat'or, if he had u-sets. but are hardly such as
would entitle Uowselt 10 relief its a defrauded
Ml by u bill to open up und examine the con
veyances made by the deceased iu his lifetime.
And atulle.enls the effect could reach 110 far
ther than to charge the eslute wuh such sums as
might be recovered from the administrator, in
this case a very inconsiderable sum.
But the bill ask" that llie deed in question be
adjudged voiJ and delivered up for cancellation.
It caunjl tie a.ljudged void by reason of fraud,
since, as has been said before, even if fraudulent,
it is good as inriinsl the heirs of the grantor, and
the other petitioner is not entitled to tin- relief.
Bat in order to bind the grantor or bis heirs, the
deed must have been deliver! in the lifetime of 1
the grantor ; so thil the question arises whether j
the deed was delivered by the grantor to Kapi- I
Ian llie defendant.
The deed i dated July 29th. 18C, was ac- j
knowledged before a nulary public aud was never I
recorded until after B will's death. 0:1 the 2St h I
f September of the same year, it was in the
possession of the grantor. Booth, for OS that day,
Booth m irttruged the property to Mr. DiatMai,
and Mr. Dimond saw the deed in Booth's hands j
and asked him about it and received an answer
that it was n sham. On the Hat of October lol
lowing. Kapilau came to the police station-house
in Honolulu, claiming some pexsooal property
taken from the properly in question on an exe
cution against Booth, aud Bjolh came with linn,
and this deed, now the subject of controversy, j
was ainoiti; the papers that Kapilau had. It is
very significant that Booth and Kapilau came to- ;
eeliier. Maboe say that this defendant Kupi-
; Tau. told him that he had paid no money for the j
: laud, and that the deed had been made so thai
Booth could not mortgage the land, and that the
defendant further told bim that the deed bad ;
1 been taken from biio by Booth and loru up. It
j is made to appear conclusively, that Booth was ,
badly in debt and that be lived on the premise j
until the lime of hi death in like mann.-r a he
had done prior to the linking of the deed, and
: the deed was uot recorded until nearly three
' months after Booth's death as bos been said be
fore.
Mrs. Iins; testifies that the plaintiff told her
that he got the deed from Booth's trunk after
his decease, on the night , : his decease.
Against this there is the testimony of Nalua
hi who testifies that he saw plaintiff give SolKJ to
Booth in May, but saw no deed, but that after
ward, in July, he saw a deed in ibe bands of the
defendant. Now the deed was acknowledged be
fore the notary public ou the 29lh of July, and
Birney Fisher look it after it wus acknowledged
to be stamped. IIo says that he look it from
Booth and returned to Booth, so that if Naluahi
saw the deed in Kapilau's band, it must have been
in the very Ust days of July, and it is yery eyi
deut that iu September following, it was not in
bis bauds.
Weighing the testimony, therefore, as careful
ly as possible, we must conclude that if the de
fendant ever had the deed in his possession, it
was for u purp -ae of sheltering the property Iroin
Booth's creditors and was returned to Booth
when that purpose bad been served, and the deed
was never delivered to defendant witb the inten
tioo of passing the eslate to bim.
The decree of Mr. Justice Judd it therefore
coDfiimtd
Ciias. C. IIarbis,
A. Francis Jidd.
Justices Supreme Court.
S. B. Pole for petitioners, K. Preston for res
pondent. iionoluln, May 17. 1676.
Colonel Stelnberwrr's Slalemtnl.
Col. Steioberger, who was arrested at Samoa
by Capl. Stereoa. cf II. M. S. Barracoota, and
was afterwards pot ashore at Leruka, is now re
siding in the city, baying arrived from Levaka
per mail steamship City of Sao Francisco. As only
one side of the recent startling events at Samoa
bas been told, we interviewed Col. Steinberger
on Saturday lasL We found him courteous and
obliging. The statement was as follows :
I am a native of the L'nited Stales, and wis
boru in the Slate of Pennsylvania, but aOoul half
my life was spent in Knglaud. chiefly iu London
1 was ibront-h the Americau war in the Federal
army, k seems strange that a man who has been
so loyal towards Englishmen, who has been their
defender, an advocate ol ibe Washington treaty,
aud who has stood up iu psblic meetings, and
declared that Knglisb honor and courage were
r-upreuie, should be Ibe first to suffer under a
British man-of-war in Samoa. 1 shnald feel
obliged if you would supply me with files of pa
pers since the arrival of llie Barrucoula, as it will
te necessary fur me lo lorward lo the depart
ments al home such extracts as 1 may want. I
aui here divested of documentary evidence. My
papers have all been seized, and 1 am separated
from them. Some of llie papers the natives
themselves had buried for their protection, were
discovered after 1 was taken prisoner 011 board llie
Barracouta I was tak'u away from the island
by the Barracouta. It is well for the captain to
say. "I did it nnder ibe orders of the United
Slates Consul." I repudiate that, and assert
that it was the business of the captain lo know
what authority the Consul had to do these things.
In truth, the Consul bad no uulhurity, or, il he
hud, he should have produced il. Il is u fact thai
the Consul's hostility lo me is hostility to a gen
tleman who would refuse lo meet a man like him,
aud 1 did so. liis euunty is partly aroused be
cause, uuder my udmiuistrutiou, 1 closed up the
lnnkiug shops, iu accordance wuh what 1 think
Colonel Slclnlicrgcr and (he Barra
coma' Mine Jackets.
A moat remarkable occurrence took place io
Qaeeo-atrMt 00 Saturday morning, to which
some little importance may be attached. Aa
Colonel Steioberger, whose actions at Samoa
have been before the public lately, was walking
down Queen-sreet, baring arrived here on the
previous evening from Fiji by tne mail steamer,
be was espied by some forty or fifty bluejacket,
on general leave from II. M. S. Barracouta.
" Here's Col. Steinbergwr,'' says one, and im
mediately the whole ot the tar started in pur
suit, and brought the Culouel up with a round
turn. " Ilowjare you Mr. Sleiubergur f they all
shouted, and forty or fifty hands were held lo
the bewildered American to shake. Well, yoa
most drink lo ooj health, ' a lew chimed in. and
the colonel wo dragged along back until the
Cosmopolitan Hotel was reached, into which
ihey good-buiQOredly forced their charge, for
Colonel Steinbergur was without doubt again in
custody. Drinks were called for, and the late
Premier of Samoa was toasted three limes thiee.
"But why should you treat me thus?" asked
the colonel. " Because, Mr. Slviuberger,'" an
swered a stropping young lar, " You never did
us nny barm. We always found you a gentle
man." " Bat it il nut through me that some of
you men are now lying wounded, and some of
your number killed ?" put tbe colonel. " Not a
bit of it," they all shouted, " That little brush
we bad down at Samoa was no fault ot yours. If
you'd anything 10 settle wilb tbeui Sauioan.
darued if we wouldn't tight for you." " Well
men," answered the colonel warmly, " If 1 hud
hud a duzeu such brave lads as you uboul me, I
shouldu'l have been treated as I have." " My
word you wouldn't," wus the chorus, and three
more cheers were given for the colonel. Colo
uel Steiuberger now asked the blue jackets! if
they would tuke scything to drink. " Not al
your exper.se, Mr. Colonel," a number ol them
replied, " You shall drink with us." At Ibis
momeuta true sou ol Neptune entered tbe room,
and advancing to Mr. Steinbjrger, said, " Colo
nel won't von eive me vour fin " That 1 Will.
to be the propriety ol lile in thai or iu any other i Harry," replied the Colonel. " You were my
country. jiioard wheu I was a prisoner on board the Bar-
I was seut to Samoa by ihe U.S. ship Tusca- mcout,,. 'hut I was sir." answered Harry,
rura. aud I was Cuited Slate Commissioner of .. n(1j j wasn l allowed to speak to you, uor let
Saiuoa. 1 was created Premier ol the kingdom, I Bvuojj ,,se ; but it war'ul my fault, sir. Will
but lelused to accept pay. and my acceptance of you rorgive me?" In the corner ol the room re
the position was dependent upon tbe action of cinej a powerful looking man o'-war's man.
wrapt in the arms of Morpheus. Two ol bis
comrades shook him IM said, " Here Jack,
here's Mr. Steiuberger." Ana Sampson, open
ing bis eyes, looked up in amazement, then mude
an effort to pull himself together, and fished up
to tbe Colonel, exclaiming, "What! Colonel
Steiuberger, is that you? Oive us your hand.
I thought we put you ashoru at Fiji ?" " But
mm see," said Colonel Steioberger, " I've fol
lowed you on here." " Uighl you are," chimed
in one. " aud you'll come and see us aboard ibe
old (tenia, won't you ? They can't make a
prisoner of you now, colonel." " Indeed, I
shall, for I wunl to see Mr. Maxwell." replied
the colonel. And so the conversation con
tinued, with the most hearty good feeling, uutil
the colonel expressed a wish to proceed to his
hotel. " Then yon shan't walk." said tbe friend
ly tars. A chair was at once seized, the colonel
pluced thereon, and thus borne on tbe shoulders
of the Barrucoutu's blue jickel. t'olonel Steiu
berger was conveyed lo Ihe Waiteuiuti, Hotel,
niuidst vociferous cheering, Ihe colonel bowing
his acknowledgments and shaking hands at purl
ing witli nil his friendly sympathizer'. Auck
land Herald-
H. HACKFELD CO.
OFFER
WILDER CO.,
Importers and Dealers in
LUMBER
-AJT1
THE FOLLOWING
MEW GOODS ! BUILDING MATERIALS !
JUST RECEIVED,
Per Hawaiian ' Bark Ka loF
M RAKKUANN. MASTKR,
ALL DESCRIPTIONS
HCCH AS
' la . 5 n l f
Just Arrived from Bremen. W uesi rcanuiDS, DOni :
Toofued 1 Grooved, Snrraead,
Supreme Court of the Ilan nilaa
anil.. -April Term IM7S.
KEKAUA and PAOA, rs. K A LEI ami MA.
LI A KALI'. Mil.
Onsioa btJcod, J.
Presentation Books !
LATaijT aABCBIVBX)
rssiwi aiff-a fMOa aast reti5 of AmetSoa.
Mil 1 1 1 INawaa, atatsaai i from Uviac Authors.
p Lay .ST AtICr
j!rAii?SoLvo; i.
aMaaarSiit uiarJaij
SaaTgr tamt
aawaasasaawalaf Qiilatj arm ed.
CaasaQ awassMSsaw. a awfc. aAwes.
CSnwaswaaaagOtaav lMmjButmn, Men.
Zwm!"mj ' m ru "'
aassa, . M.BL wVMITIIa-T.
OREGOH LIKE.
staavK nt i
This case is wrongly entitled, error being as
signed by the defendants in the original action,
tbev become Dlaiutiffs in error, in this case, and
the plaintiffs below become defendants io error.
T'he errnr nscirrribd ihnt Ihe inrr erre.l in pa.
Superior Brap.d.S Champagne. tnroicg a verdict Tor the plaintiffs on the ground
P j LENEHAN A CO. that they found that the deed under which tbe
ucicuusuib ciaunru, a uoi a fgoou one.
It is assigned as error that the jury by its ver
dict, did not express any conclusion npon ibe evi-
HAWAIIAN GUIDE BOOK!
COJPTAIXIXG
A BRIKF DESCRIPTION OF THE HAWAIIAN ISL
ANDS. TI1EIR It Ar.IMk.v AGRirrt.TCRAL BJS-SOl-RCES.
PLANTATIONS. STKNEKV. VilL
CAXOES, CLIMATE. Pori'HTION, AND
COMMERCE: with
-A- BCap, -A. Zul11 Index.
AND
HF.lT.BF.Vl K TO XEAHLT TWO Hl'N
DRED Topics of saureat, or plaon to L visited b'
this Groan.
This Really Valuable Hand-Book,
CON : 1 : M III PACKS,
Should be in the Possession
OF
Every one intending to visit this Group, or
seeking information about the lsltinds.
It gites just tke information irant
ed by tourists and immigrants,
riZi coal of
Travelinc, Living, I-nud. Ac.
dence sopporting or oppoeing the title by pre
scription, also set op by the defendants :
bereas tbe jury through lis foreman stated against my being landed, and a letter to Ibe Lorn
tbe department in the city of Washiugtun, for,
being an officer of the L . X goveruuieut, 1 could
not accept uuy po.-ilioii ub pay or emolument
until ,-uch liuie as 1 should gut pernnssiou from
ibe U. S. government. I was sent to Samoa by
ihu U. S. government, wild u wur ship pluced at
toy disposal. You have bul heard M jmrle slate
menls. There are not five people in ihe island
who oljocled to my administralioii. I hey gol
the kiux on board the Barracouta on the uighl of
the 7l.li, and he there became inioxicaled, aud
aus gol to sign the paper deposing me. He con
fessed aflervtard thai he knew nothing about
siguing the paper, On the lolluwiug muruiug, I
was seized by the captain of the Barracoutu, who
aas accompanied by u lorce of 1 10 men. hen
seized, 1 had uot been taken above J00 yurds
from the bouse, before the king was dethroned by
the Parliament fur what he had done, and huwus
expatriated, and he and his family put into prison.
He has since been banished. The Parliament
did this uud then said to the captain uf the Bar
racouta, " We will ireat lor nothing uud do noth
ing until you return us our Premier. ' Tho cap
tain said, " Well, what is your Premier, we will
give you a Piemier." I he poor fellows who suf
fered by the eiigugeinenl some JO or -10 sailors
of ihe Barracouta MM me this inorniug und car
ried me bodily, by force, into a drinking saloon to
testify their repect. and ihey cheered nguiu uud
again, and said I must drink with them. 1 bad
lo beg to be allowed lo wulk lo ihe hotel. How
is it lhal Kuglish sailors will do these things
when uot under orders? When Knglisb blue
jackets do that, there must be soiuelhlug wrong.
When 40,000 ualive are in sackcloth und ashes,
and praying for me, as they do in their churches,
is it likely that I am thu scoundrel and adventur
er I have beeu represented to be? I have built
their schools, and have obtained $140,000 worth
ol goods, clothing, kc. for them from Ilia U. S.
About tbe schooner Peerless, Utile need be said,
that matter is before the court. Tbe title to her
ij uol worth c cent. She was seized because I
had mad-1 arrangements to intercept the mail
steamers to carry despatches to Washington. If
I would have said to the I.jndon Missionary So
ciety, (as they have entreated me for numbs aud
months,) I will discard the llouiau Catholics and
Wesleyans, Ibis trouble would uot have arisen.
II was ibe London Missionaiy Society that caused
the trouble. There were three religious bodies
there the Roman Catholics, the Wesleyans and
the London Missionary Society and if I would
have discarded the Catholics and Wesleyans in
my administration, it would have been oil right.
The U. S. government must, 1 think, lake up Ibis
matter. Capl. Stevens has traduced the Presi
dcut of the IT. S. When he spoke of him, il wu
as " this man lirant, 1 have dune wuh him DOW."
You would uol esteem it very uico if an Ameri
can captaiu dealt with the name of Her Majesty
in the same way. Our cousul at the islaud is uol
worm talking about, aud you know by your late
A met lean files that the consulships have been
destroyed. I bad a stenographer engaged at Ihe
meetings in Samoa, and every word Hut Captain
Stevens ullered al those uieetiugs has gone on to
Washington.
The Barracouta arrived at LsTlfca on the 4th
inst., al about 4 A. M. Al uboul - o'clock 1 asked
Mr. McLeod, tbe first lieuieuuut, to say to ibe
captain that 1 would like lo know what my des
tiny is. 1 had previously sen', my protest to the
captain. The lieutenant returned in a very lew
minutes, and said the captain was on the quarter
deck, and wished to see me. 1 went to ibe quar
ter deck and, for tbe first lime he addressed me as
Col. Steiuberger. He said : " 1 beg your pardon
tor not having informed you before, but 1 have
not been well. 1 have beeor instructed by tbe
consul to take you to Auckland wub your pa-
I pers. n e parted at about 10 o clock. Uult-au-j
boar afterwards, when I was about to retire,
Copt. Stevens came up in front of my berth, aud
said, " Col. Steiuberger, 1 would like lo see you
! early in the morning wi'.b Ihe first lieutenant.'
' 1 said, " 0b, 1 have not relired,,and will meet yon
immediately. He tben left, and ssorlly after
wards I met him on tbe quarter deck with Mr.
Maxwell, tbe second officer. Tbe captain bad
been on shore before this meeting. He said to
me, " Would you not like to be landed here in
Levuka ?" 1 said, " No." The captuin said,
Well, I will put you onshore here if you like."
My answer was an unqualified, CO. 1 said, "In
our talk, about 2 o'clock to-day, you eaid that it
was your determination, under authority, to lake
ma lo Auckland, and I accept that.'' Cupt. Ste
vens said, " Are you willing to be landed here."
and I again answered in the negative. He tbeo
got into a towering passion, and called lo Mr.
Mclaeod lo call away a boat and pal me ashore,
aud that was tbe end of it.
When on shore I sent a protest to tbe captain
FANCY PRINTS.
piNK PAD3, CHOCOLATE AND WHITE
UROU.ND PRINTS, MUSLINS.
WHITE COTTONS,
Horrockj. Long Cloth, A 32 ia. A 38 in. D
and II 3A in.
Turkar Red. Brown C"Mon and Deill.
Blue Cotton Drill, Ticking. Hickory Strip,
Striped Danitn',
Cotton Sheeting. 72. St), 90, and 100 ia.
Mosquito Netting, Water-proof Cloth.
Black and Colored Merinos,
Black Coboorg anil Italian Ctotb.
llarrge. io ail Colors ; Linen,
Bedford Cords,
Twilled Cambria and Silesiis,
Black Lasting. Flax Padding,
Cotton and Linen Thread, white, black and
brown, assorted number.
White ,t Brown Cotton Turkish Towels, Ac,
SIL.K FOULARDS!
Linen &ntl Cotton lUntlkerabieff, white and
turkey reJ ;
Table Cloth. Meo'f Sockii,
Ladies Stocking, assorted.
White and Brown Cotton Underrbirtt, and
Merino FinUbed,
Water-proof and Flannel Shirts,
WOOLEN SHAWLS
Maok Lace Shaw la. Silk Umbrellas,
rtaidf, Puucbua, Monkey Jackets.
Planks. Battens. Pickets !
II in. z 4, last, and lit. fa
Fencing!
Laths. Ac.
. REDW OI
Scantling. Boards, Plank,
Battens 1x3, 1x4, 1-1x3. a ad l-Ial
Picket Rough aad Faacy.
Surfaced Boards and plan. 7-4 to S la.
CLAPBOARDS, LATTICE.
Toagaeal anl r oeU
RUSTIC SXDHVO.
TIMBER FOR SHIP USE
Sail t. ,iaaia ;
Clear Nor'Weat. for Planter's Use
EASTERN WHITE P1SB,
California and Eastern Doors, all sizes
SASH, all itsa, : BLIND, all .law ;
WHITE LEAD and ZINC I
PAINT OIL at s '1 M.I. PAINT t'MBAP.
Patty and Varnmb,
Ulaos, No. 3i3 asd 2.
LUMBER !!
ROBINSON.
IN aOAflTNIUi TO
LUMBER
ALLEN &
On 1 1: roa mu
snr l-L iti ii amkiim.
The Cargo of North West Lumber!
SOW LANOISU,
EX JANE A FALKINBURQ.
At their Lumber Vuril,
ON ROBINSON'S WHARF.
At as Low Hates as can b Obtained
in Honolulu.
1 in. Boards,
T. & G. Boards 1x0,
1x3 Battens,
1x4 Battens,
1 1x3 Battens,
1x0 Boards,
2x3 Scantling,
2x4 Scantling,
2x0 Scantling,
3x4 Soantling,
3x0 Scantling,
4x0 Scantling,
3x3 Clear Scantling,
4x4 Clear Scantling,
5x5 Clear Scantling,
0x0 Scantling,
6x8 Scantling,
0x10 Timber,
6x12 Timber,
8x8 Timber,
8x10 Timber,
8x12 Timber,
10x10 Timber,
10x12 Timber,
3x12 Plank,
4 in. Plank,
3 in. Plank'
2 in. Plank,
11 in. Plank,
11 in. Plank,
Laths.
M mm Ai.i.r.N a horivmin.
VERY LOW!
Brown Cotton,
Iron and Tinned Tack.
Paint and Whitewash Brisk.,
METALLIC AND FIRE-PROOF PAIHT
Far Plantation or aa; IHawr I .
Lock,
Butts and lliagv.
Bolt. 3enw.
Hooka aad Byw. A..
Salt in Quantities to Suit .
isa sat
.llaUiiis:. MuttM. flaltia;!
Cheap as the Cheapest,
White 4-4 Contract A Good
CASTLE & COOKE'S !
flannel sacks and pants, yVall Paper and Border
nutiraiu Rti'i .iuiu i-wiai tama i hum.
An Assortment of FINE SUITS,
WOOLEN BLANKETS,
scarlet green, blue and white ;
Whits Cotton Blankets. Horse Blankets,
Light and Heavy Uarlapa,
Woolsack, Sail Twine.
Rug and Carpels,
Itubber Hoods Uartsrs, Su.ptnden, Uirdlss
A LARGE ASSORTMENT OF SADDLES,
llridles, Bit, and Spurs,
Frenoh and Ueruian Calf-Kin. .
India Rubber Uallf, Feather Dusters,
Blank Hu..kf, Blank Notes,
Uouuinc Oold LeaT,
Jewelry, aueb as Kar Rings, Brooches, Ao.
li inn iii.-n-. Mt -i Hips.
London and Meeroh:tuiu Fipei,
Genuine Eau de Cologne
I.ubin's Extract's Soaps, Tooth Brushes,
Ilre.sing Coiubs,
XAfcT T"a I" i I B T a I'm SI,
Pook.t Knives, Scissors, Charcoal Iroo.
Washing Tub, llalv. Buckets, 10 and 13 ia.
GERMAN, ENGLISH AND FRENCH
Groceries!
Crushed Sugar, Sardines, le., Ae.
Wax Tapers, Camphor, Safetj .Match!,
PAINTS:-
White Zinc, Whits Lsad, Ureeo and Black
I'aints,
Berlin Blue, Uubbuck's Paint OU .
WINKS:
Johannisbrger. Liebfrauanmilch, Claret,
Champagne, Heidsiack's, Ac.
Sparkling llook, quart and pint.
Key Brand, St Paul's, Lager Beer,
JelTrej't Al. & Porter, Bavarian Beer, qts pt
LIQUORS:
Cogf c Brandv, Uin, Ac, Alcohol in U.mijohn
CIGARS - - HAVANA & GERMAN
HARDWARE :
Fenoa Wire, Nos. 4, 5 and 4.
C. C. Tin Plats, Sh.et Zinc. Keg Rivet,
Galvanized Iron Pine. 4 ia. i in. 1 In. li ia.
Babbitt Metal, Hoop Iron. i. J. , 1.
Wrapping Paper, Horse Hope, white ;
Cork. Moulding. Looking Glasses A Chromo.,
Tuuibiers, Water Monkess , tlanbier and Cutch,
Deuiijohns, . I, 3 and i galls., Market Baikal,
KEROSENE OIL,
Birch Broom. Cenwnt, Fir. Clar. Fire Brick,
Slates, Barrels and Cask. Ac, Ac
Orders from the other lslauds fan-lull.,
Executed.
587 Iqr
WW GOODS. NEW BOflDS!
EX.
REDWOOD!
REDWOOD!!
REDWOOD!!!
that tbey did nul bliere tbe witness Kelii kaoa- modore. These were returned wilboot ibe seals
atasr a. taa.
Pitch,
(TTWs.AND
A CO.
Price Fifty Cts.
M.il.S to uj part at the Called "talcs or Europe.
For 60cts Full Postage Prepaid.
ADDRESS i
H. M. WHITS KT. Boaot.la.
WHITE a BSI ER. 8an rranrim.
oia Sa GOkDOS A OOTCH, Sj du,j. S. S. w
BALTIMORE OYSTERS.
IfMBe PI20M THE F ArTOBT OF I.OI IS
MV sit MURRAY a Co.. received per Cejton. la caned
oftwuiloaro earli-6UO lsea-ll one aad two poana
can. For ante sow by (&Uj BOLUlS A CO.
kaole whose evidence bad been adduced lo imer-
rnrjl tbe defeDdaoU' prescription.
Il does not appear ibat an; special verdict bad
been required of tbe jury.
Tbe object of a writ of error is that tbe errors
assigned inaj be corrected : now the errors of
law complained of must appear on tbe record.
Tbe leslimony wbicb led the jury to iheir ver
dict is do part of lha record, nor can remark
which may fall from ibe jury, oot expressed in
tbeir verdict, be cousidered as any part of tbe
record.
Il is appaieot from tbe record that the jury
did not sustain the deed ol tbe defeodsola. aad as
they foand for ibe plaintiff il masl be inferred
tbat ihey found as proven all tbe facts necessary
lo make out tbe plaintiffs' ease and thit they did
not and lae prescription of the defendants a pro
ven, in spile of their disbelieving tbe witness Ke
liikaoakaole. -
We cannot, on a writ of error, invade tbe
province of tbe jury and say tbat tbey formed
wrong conclusion from tbe testimony, when tbe
lestiouoy apon wbicb tbey based their conclu
sions does not come up as a part of tbe record ,
and in reviewing the authorities un ibis point we
can find no case where a writ of error baa been
allowed lor this purpose. Judgment affirmed.
Chui. C. Hakkis,
A. Francis Jcod,
Jostices Supreme Court.
S. B. Dole for plaintiffs in error, A. S. Hart
well for defrodarita io error.
Honolulu, May 19. 1876.
The population of Berlin is oBciaUj stated to be
C4.7J.
being broken. I did not deal witb Capt. Ste
vens as be bad done witb me, io calling me -an
American adventurer. I do not deal in contume
lious epithets. All my private property was
seized. Ever, little wbite boxes boand wilb
black, and sealed, wbich contained leltes, photo
graphs, keya ol caskets, marriage certificates,
and cemetery deeds baring reference to my de
ceased wile and her father, who waa a Seoator of
tbe I'm led Stales, have been seized and pal op
on the shambles, and sold at Apia under the guns
of an English man-of-war. When ibis is done,
one leels uncomfortable. I bave some feeling,
and it is only natural to bave some feeling on
inch subjects. If 1 am an unprincipled adventu
rer, wby did tbey send me on a V. 8. war ship ?
Why was I aeot bacl, and wby was I tbe bearer
of autograph letters from tbe President 7 These
were all seized, and yoa Dave ootbiog bat my bare
word for the existence of such papers. Tbe Uni
ted Slates government does not deal with a man
for ten or fifteen years wbo is an unprincipled
adventurer. I ask of ibe commodore of yonr
squadron to return me to Samoa, from where one
of your war snips took me by force, and if tbe
40.000 inhabitants there do not receive me tbeir
while man with acclamation, tbeo let bim be
lieve tbat 1 am what Capl. Stereos slates. I am
willing lo abide by tbeir decision. Auckland
Herald.
It is proposed tbat the balance of tbe Ja
panese indemnity fund, after payment of all legiti
mate claims thereon, shall be returned, witb ac
cumulated interest, to tbe Japanese government,
to be applied toward tbe education of American
ud Japanese youths io tbat country.
A. W. PEIRCE & CO.
Offer for Sale
SHIP CHANDLERY
WHALE BOATS AND BOAT STOCK,
GROCERIES,
F'louutr cfc Bread. !
Lime and Cement,
California Hay,
AND
By Steamer froa San Francisco,
Potatoes, Onions, dec.
iVsoztts for
Brand'i Bomb Laneei,
Perry Davii' Painkiller,
Pnuloa 8alt Works
582-30.
JUST ARRIVED, FROM ENGLAND.
PER KA MOI !
WHITE ENAMEL PAINT
MADE BY TBE
Liverpool Silicate Paint Comp'y
AKI PEKIOB ARTICLE, MM A DT FOR
aae. adapted for
External or Internal Painting
of 1IOCHE8 or snips, a preventive of the raTaf. of tbe
White Ant, and can be oaed eqttallr wen on Ceaut. Iruu
orfflnc (Ul Im) CASTEE A COOK a
THE IMII IISII.M Il OFFER FOR A1I.E
at KobliMOt,'. Wharf, In quanlltiea to suit puri-Uaer
the Cargo of Uedwwod Lumber
NOW LANDING
d'BOI BARK
until r
FROM HUMBOLDT!
CooateUuc of:
1 In. SURFACED REDWOOD BOARDS,
1 1-2 Id. Surfaced Redwood Boards,
1 14 In. Surfaced Redwood Boardi,
1 1-2 In. Surfaced Redwood Planka,
1x6 In. Tongned & Grooved R. W. Flooring
1 1-4x8 In. T. ft Q. R. 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 8cantling,
1-2x3 Redwood Battens,
FATES' " 8UP. REDWOOD 8HIEGLE8
ALLEN & ROBINSON.
US Sm
CALIFORNIA OAT HAY.
CALIFORNIA KILTER KKIX OX I OX ft.
CALIFORNIA POTATOKi".
Received per Mursfjr, and for aa. br
BOLLEM CO
LATE ARRIVALS.
FROM
San Francisco. New York and EsgfaMt
Consisting ia Part of
AMOftKEAt; IsF.NIMS,
Fin. aae) MthM Tiekia..
Aaosk.ag Bro Drills, Ainoskeeg Bin. Drills.
Fin. and Medium Whit. Flaaa.1.
PaMeaMlwil Cottoa.
; One Case of tho.. Superior O. B. Bl.aek4 C.ttoa.
ALSO
Downer's Kerosene Oil,
FBOM BOSTON. ALMO.
Garden sod Plantation Hoe. No. 1 an I J Maiioeks
C. S. Spades, Shov.l., Scoop, aad Raa...
Handled Aaas, Hatchets Skiaglrag aad Am palters.
Rim Knoh Locks, Tkeet aad Padlocks, A.
Clothe Pin. Raw Hide. Saab Card., ggghl Paper,
Sash Cord. Sjnoje.. Maeilag., Hot.. Card..
.Hedge, Champers, Hon. Nail aad Shoe) Iak,
T Hinges i to 14 in.. Tinned Taeka S to It as.
W. W , Paint, Sho., Scrub aad Taraiah ITrasha..
Self Heat Irons, Maaoa's Blaekiag,
Corn Starch, Whiting, Metallic Paint,
Saow White Zinc. Eastern Broosa. Patty.
A larg. Assortment it Chimney., Cuataaoa, fllap.ii.
Sun, Perkins A Uuess, Ae.
Laotcros, Kerosene Wieka, Ae.
A few doxea of the best Patent Ota. Prjswri.g Jan,
ALSO
Per Jane A. Falkinburg,
Oregon Dried Apple. Oregon Maeaa
Freeh Saletaej, I and It. Una.
Pilot Bread.
Also, on hand.
Paris, Eagle 2 and 30, aad Clipper Plows.
Caltirator, Horse Hoe. Caaal Barrows,
Can. Knira., Scythe, aad Saalthe. Ae.
Cat Nail 3d to SOd, Cat tlpike J t S lack.
File Round Square. Flat aad , kV.ued. u IS ha.
A LABOR ASSORTMENT OF
Shelf Hardware, Saddlery, Paints & 9b
aJIa sxl. lOal'A. ItllS, dkej..
ASD
A Large ssi. of oilier M,
WHICH WLL BK
So lea. at
BY
CASTLE A COOKE.
IMS tm
From London Direct I
The Hawaiian Archipelago
bv nmn im bf.i.l a hid.
.doss. 17X
aurnniu iiieesim. wea
Original Engravings,
and a Large Map ef the
Crater of Halwakila.
aa Haai
Tails w.rk muisi ism, i
tle sf Hawaiian, I
e.srr
Those Wishing i(pTahowia otmnt eavta
rrioo Tour SoUsurss.
Ud For Sale by SB. at- WRsWSSalT
Greenbacks Wanted,
EWi won the nraaRBT rnrs ui
MV b. paK at DW flu iikaam at SL
Calolel Pea r Porkct KaUr :
L RbE t 811 T V. k V D TO RSS RAH AT
tbe Book and Km Orutat
JA. WaUtRRT

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