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Exceptions.
In the Supremo Court of tho Hawaiian Islands.
Jamea llaairer Trustee, ts. The Union Fixe and
Marina Insurance Company of New Zealand.
April term, 1831.
Bs it remsmbsred that on the 2Lst day of April
of this present term this class came on for trial
and was triad bafore the Hon. Lawrence SIcCally,
presiding Jmticj, and a foreign jury, when after
crideacs hid been adduced on both sides, notes
whereof are hereunto annexed and mide a part
hereof, and after connsel had addressed the jury,
the presiding Jade instructed the jary that they
would find a verdict for the defendant unless the
eridaaea satisfied them that the Tessel was n total
losi on or before midnight of Jans Gth, 1330 ; that
the qao3tion of total loss or not was one of fact
for tne jary to fiod an the evidence ; that a Teasel
was a total loss whan she was no longer of use for
the purposes of a Teasel, bat that " total loss" did
not necessarily require " destruction" of the Tessel.
The jury found a rerdict for the t)lamtif, to
which defenlant's connsel excepted as bainz
against the law and the etidenoe, and oa the 25th
day of April moTjd the Court that. the said verdict
be sei aside and a new trial had oa the aforesaid
grounds, which motion was overruled by the said
presiding Jud;re.
To which ruling the defendant excepted, and
such exceptions being reduced to writing and
found conformable to the truth, are hereby certified
and allowed.
Dated this 30th day of April, 1831.
Signed Li whence McCcllt,
Presiding Justice of Term.
KTIDXXCE.
Kaunhli, one of the crew of the Eugenia Brtgjt:
Ljft Tessel because she was fall of water. Could
not pump her onL It came in faster than we could
do so. l'arnped from Saturday p. si. to Sunday
r. sr. ill niat. Vivi down and she was settling
forward. looks 1 down forecastle. Siw she was
fall ; all fall. Via left because it was dangerous to
remain on board.
Cross-examined: She was about At
' 6 o'clock took our own things ashore. Cams back
and waited for captain. Paraped again. Left
finally after dark. She was anchored fast. AVe
slept at landing. Mists and rigging all right.
Sills furled. Went aboard lion J y morning early.
VesssI was still afioat, but the dscilo id of lumber
had floated away. She was loaded for Hilo and
Houokaa; some freight for Oakala. Machinery
and general merchandise ; iron wire, railroad iron,
mid machinery. This was princip il part of freight.
She was full of water when we returned on Monday
morning. L? ft anchor .and moored to buoy.
We anslacked cable and cat ber loose from baoy
and let her drift ashore to save freight. Went to
pieses soon after she went ashore.
Keliikalaea, another of the crew, gave evidence
to the same effect.
Ferrier, mate of the Teasel: On arriving at
Haelo wind was blowing on shore from K.E. and
N. Shifting on the Tuesday, blew so hard we
could not land. JI03I water came In on Friday.
Kept pamping. Water kept gaining nntil evening
of Sunday. Crew refused to stand by, as the vessel
was sinking. Captain did not want to leave.
Asked crew to stay as long as they could. Captain
refused to go oa shore before dark. Vessel sinking
ana water gaining ; lour or nve ieet oi water in
her I and captain went ashore in last boat. She
wis opjain; for and nfr. Balk-heads opening
and shotting. Baams all working from Friday
morning; worked athwtrt ship. Hid got thacoal
oat; pat all lumber below that wa could, to ballast
and get load o3 deck. Stanchions all working
every time she rolled. Thought we were justified.
ShiD good for nothing when wo left on Sund.iv
evening. Flanks and seams open. Abreast of
fore-rigging a seam was opsa about f oar feet long,
just above water's edge. Saw that from below ;
about half an inch wide.
Cross-examined: There was some lumber on
deck on Sunday night. Not there on Monday
morning. She would have sank if lumber in hold
had net kept ber up. She was loaded with
railroad iroa, mils, and iron wire. She-was
anchored and moored to buov; one anchor
down. Wd cat rops and uislackeu chain s) as to
let her go ashore to s ire c trgo. Took a short lime
to drift oa shore ; about ten minutei. Ma3ts were
standing.
iii-exazlned: Coall not havo got her off. Had
disehirgad her Haelo a trgo. Did not know if she
was insured. We wjre delayed by ctlim.
Daniel Foiter: Have lived nmitaaa years in
Honolulu. Am a ship carpsntjr, auJ owner of
coasting vessels. Used to impact vessels. Have
heard evidsaco of previous witaess33. In my opinion
they were parfectly jastified in abandoning
IieroaSaadiy evening. -Who was not worth much
mir3 oa Sanity evening when they left than oa
Mond ty morning. S'aoald call her a wrecked
that Sunday evening.
Sis was not a total loss as
long as anything was in sight. Think I would havo
cat her adrift to go ashore for benefit of all concerned.
: I do not regard tho vessel as of
any uaa for the parposej of a vessel after Sunday
evening if the evidence I have beard is true. If
there had been no cargo it would hare been for
the benefit of tho ship to beach her, for she was
worth more on tho beach than in tho condition
she was.
Captain Jackson: Retired commander Royal
Navy. Heard the eridenco of Ferrier. Should
call her a wrecked Tessel. Derelict on Sunday
evening. A proper case for abandonment.
Cross-examined: Equally derelict on Monday
morning, and proper to be abandoned.
Plaintiff rests.
Tho defendant's connsel put in and road tho
protest and rested.
'Wasted Effort to lis Fanny.
Take, as a very simple illustration, Ibe case
of the young man who li.nl been offered a sail.
cer of delicately salted ico cream by-two young-
ladios, who waited in convulsive glee lor tlio
first grimace and its attendant remarks. Not
a gesture or word betrayed ho had noticed it
at all. Still talking lightly of last night'
gorrain and to-morrow's tennis, lie finished
the ontiro saiicerfnl, then, bowing slightly,
left tho room. Was ever "Inn" more delicately
spoiled ? Tako again the caso of a certain
college professor, who had almost
practical joking on tho faculty, not by
punishing, but by foiling- tho intendod fun nf
tho students, intormcd one night that tlio
students were painting tho avails of the
chapel, "very well," ho itaid quietly, "let
them paint; but tell mo ivhen they are
through." Dressing hastily, ho wont about
tho town, rousing every painter in tlio place,
and as the last student went out of tho chapel
n dozou artisans went in. Noit morning when
there was an unusually large attendance at
prayers, behold the calcimined walls as fair
as ever 1 The dignity of the collcgo had nut
been allowed to bo insulted, yet never a student
was ever questioned, blamed, marked or
expelled. In the same mantior, when tho
tongue of the bell had been removed one nighl,
another was in its place before d iwn, nod the
astonished students were summoned to their
devotions at tho usual hour. Again, when the
wheel of the organ disappeared and tlm
organist had been secretly informed that his
services would not be required the next day,
one of tho very delinquents avas called npon to
take his place, finding, to his chagrin, that the
keys responded dniifully to his touch If it is
the "silent organ" that " loudest chants tho
master's requiem," in this caso it was certainly
the organ's rnnsic that chanted loudest
tho humiliation of the guilty. No wonder that
the students at that institutiun havo about
decided that what may be called hazing the
professors does not pay. Said tho boys nt
. Bugby: "There's no fun in telling Arnold a
lie, for ho always believes His I"
Hints lor Housekeepers.
' Steel knives may be saved from rusting by
being rubbed with mutton tallow, avrapped in
paper, and put into a chest.
Bevivino Kxd Gloves. To revive old kid
gloves, make a thick mucihigo by boiling n
handful of flaxseed; add a little dissolved
soap;-then, when tho mixture cools, with a
piece of white flannel wipe the gloves, previously
fitted to tho hand; uso only enough to
take off tho dirt without wetting through the
glove.
Spasisit Stomachic and Cordial. The
well-known fragrant garden favorite, the
swecrscented or lemon verbena, seems to havo
other qualities than those of beauty and odor,
for which it is usually cultivated. The author
of a recent avork, "Among tho Sinisli People,"
describes it as being systematically
gathered in Spain, where it is regarded as a
hue stomachic and cordial. It is cither used
JttsfZLAimyjMl
fBaMfJr?3p
in the form of a cold decoction, sweetened, or
fivo or six leaves are put into a teacup and
hot tea poured- upon them. The author says
that not only is tho flavor delicious, bat that
if it be used one need nover suffer from flatulence,
nervousness, diarrhoea or loss of appetite.
How to PnxvEST Glass rnoir. Crackixo.
A Leipsic journal, avhich makes a speciality
of matters relatjng to glass, gives a method
which it asserts will prevent lamp chimneys
from cracking. The treatment will
not only render lamp chimneys, tumblers, and
like articles mora durable, but may bo applied
with advantage to crockery, stoneware porcelain,
etc. The chimneys, tumblers; etc.,
are put into a pot filled with cold water, to
which some common salt has been added.
The water is well boiled over a fire, and then
allowed to cool slowly. When she articles
are taken out and washed. tllOV will bo found
to resist afterward any eudden changes of
temperature. Tho process is Bimply uue of
annulling, and tho slower tho cooling pari oi
it is conducted the moro effective will be the
work.
E. 0. HALL & SON
HAVE JUST
RECEIVED BY THE'DISCOTERY'
A Full line of those Unexcelled
" 33Ia.ll Stool
Made to order by the HOLME PLOW CO., Nos.
5, 6, 7, 8, 9, 10, 11, 11', 13 and 14. Also, a few of the
HALL FURROW PLOWS,
OU I'ALIXUAS.
These Plows are acknowledged by all who haTO
used them to bo stronger and better than any other
kinds in the market. We have also a fall assortment
of Plow Handles.
Agricultural InrDlements
OF ALL KINDS.
Hall's 11 and 15 inch Steel Breakers, 11 inch Kola
Queens, and
STEELSIDE HILL PLOWS
SOON EXPECTED.
Extra Points for all the above plows
constantly on nana.
Expected soon by the "Amy Tamer" from Boston,
and the "Mohican" from .New York, a full
assortment of Goods in our line.
We keep Constantly on Hand
A very full line of English and American
siioif
ALSO, CALIFORNIA LEATHER.
We deal in Black Blasting Powder, Hercules and
Giant Powder, and Sporting Powder of nil kinds,
imported direct from the California Powder Works
A VERY FINE ASSORTMENT
Cook Stoves and Ranges
Soon expected. Also, Silver-plated Ware for
CHRISTMAS AND WEDDING PRESENTS
ST" Orders for Plantation Goods from the other
Isllinds, or by TELEPHONE, will bo filled with
DISPATCH. 80
CALIFORNIA
Furniture
Manufacturing
(JOIiljjMIlJ
SAN FHANCISCO,
MANUFACTURERS AND IMPORTERS
OF
AT ill D33SOHH?TIOKrS
OK
HOUSEHOLD FURNITURE
PARTIES IN HONOLULU
Or other part of the Islands,
DESIRING FURNITURE
CAS IIAVK THEIR
Orders Filled at Lowest Rates
njr application toMr K I. ADA1IS". Queen street, who
baa our Descriptive Catalogue with f rices.
ON HAND AT THE STORE OF L W. HOPP
HI. STRUCT,
Black Walnut Bedroom Sets,
lllack Wnlnut Sideboards,
Black Walnut Dining Chairs,
Oak Caue Kent Dining Chain,
Cedar Bedroom Sets,
E. p. ADOS, AGENT FOR THE HAWAIIAN ISLANDS
THE "1310 COLLAR":
HARNESS SHOP
C. HAMMER,
so ui.tu BTRcrrr.
PRACTICAL HARNESS MAKER!
FineJSlngU and Double Buggy Ilarneu,
Concord and Mule Harness
Plantation Hornet of all torts,
Riding Btullr, Siddla, Wiips
Currycombs, Brushts, Saddle Clotht,
And crcry Xeceaiuy far Stable nio tt
BED BOOK PRICES FOE CASE.
Itcpalrlnj of erery description done In the b
poibIe manner, with ibe be t mtlertila, at loves
workmen' rate.
All Work (iuaranteed or Exchanged.
LOOK FOR THli J11U CULI.AH t EOS
SPECIAL NOTICE.
del your Pianos Tuned
BT A
COMPETENT TUNER,
Who has jntt arrired from Bin Fruclieo.
TOUR OnDEUS ST
IVELMr Ml'Md STORE.
81123 ' , 66and3Fortmiet
OMlOIf S !
s'kn ok onr.uox
ONION'S, lint at band and a
c'r. Fcr.alrby UOLLEb" t CO,
apru M.J731. ,. wft
MUSTER &. GO.
BKO LEAVE TO
INFORM THEiPUBLIC
That they mored Into thel
NEW AND COMMODIOUS STORE,
In the Fire Proof Bnlldlnj
wo. 69 laniAinT, street.
Three doora below their old Und. where jmj be faa
the moat complete aaiortment of
Drags, Chenvcals & Toilet Articles
ix the crrv.
Among s few of their Specialties ma be fenad FaK
The Crown Goods
COSSIST1XQ OF
Ferfames, Soaps, Cosmetics,
AND THE CELEBRATED
Opaline Face Powder-
These Onod recelred the highest award at the lata
Sfdney Exhibition onr all other competitor.
A LARGE ASSORTMENT
0F JOHH 00SJTELU3
Hair and Tooth Brushes,
Camelllno for the Complexion and Teeth,
LUBIN'S AND PINAUD'S
Soap Cosmetics and Face Powder,
CELLULOID TRUSSES
EpvcUllj adapted to this climate.
A Fall Line of
Humphrey's Homeopathic Specifics,
Carbolic Acid and Chloride of Lime, for
Agents for P. lorillard & Co's Celenrated
Tobaccos, and drawing itoom
Tobacco and Cigarettes,
Buchanan & Lylo's Tobaccos,
Which we hare lately Introduced here, and which la
rapldl j growing Into faror and demand.
mi S. KIMBALL SICO'S VANITY FAIR
TOBACCO AJTD CIGABKTTES,
WMch are o wail known all oier the world at to need
no comment front u.
Goodwin & Co's Old Jndga
TOBACCO AND CiaABETTEft.
ALWAYS IN DEMAND!
Amons onr One Hundred hnndi of (JIC1AU3. we
wonld call erpeclal attention to the
Tho Favorite Bed Brand, Pedro Marias,
The Fragrant Stump.
Thej aIo continue to maooactere
Soda Water in all its Branches.
Together with, their
Belfast Ginger Ale.
8 30
Special Hotice.
PRESENTATION CONCERT.
RESIDENTS OF HONOr,UI.U
TO
and the other Iilanda. Yon had better at ooeo
SECURE YOUR TICKETS
In the above, aa the Epidemic la decreasing.
We hare determined to aell tlekcU a; to
APRIL 2 6th.
W( are now completing arrangement for
of the abore (Irani Concert, In which
500 Presents are Gives.
X2T Bend In jour crdera at once.
All order for ticket are filled and rctnrned la
letter.
Mitt PICKEBISO .Co.
Great Reduction in Prices.
CAXTOKNIA
Furniture Company,
E. P ADAMS. AOEXT.
A LARGE AND COMPLETE INVOICE
OF ALL DESCKIPTIOXSJHI 29I
JUST BEGEX1T.ED
AND 011 SALS
AT REDUCED PRICES !
IAt Ware Booms oa King St.
841 a 3m E. P. ADAMS. Arent
PROPERTY FOR SALE
IN NORTH KOHAT.A.
fTOTE UXDEnSIGJrElXJBEING
X obliged la leare tat lilmda, oflcr for Mle, la lota
to inlt bnjcri. the whole of
HIS2PS0PEBT1 IHPHOBTH.SXOHAIA,
cossistixo or
Cwb and Pastnre landsUonsesDalldlnss
and TYharfjjnorsw.aad Cattle,
Cant tad ttorae Wajona. Bnlldlng and Wheelwrlghtlng
jidmiiii) ucanai jtcituanaiac.
If not told brthinratdar of Jane the abova will be
onred at public anctlon. For tenat. a
IIJ XJ2UI
applr to
8. TA1ME;J, KohaU.
N.F. BTJBGESS,
Carpenter and Builder,
SHOP. COIL KINO AXD DETHEL 3T3.
ESTIMATES GIVEJT OV Alt
kindaof bnlhlin;?; when rao.afr?d Omcea and
Store fitted opt la the lateit Kattern St;!c. v
Bepairlur; of Eray Deacriptloa
Done In lh b"t pofhie mtnner. andatreaaonbla
rate. OABDBX bttXAUEXTS of ail Mad mtdm to
order. Sawi filed and aet.
N.B. Personal attention will bsgirta It the mariai
or all kind of billdln;i. harln; had experience la ths
Zaaters State I fel conJtient t cu eIto aatutacttoa
to the taatldloa.
car Order left at mr hop or retkeneUI retire
prompt atlentloti. Beat of reference sires.
K.ldenee. SIS Port Street, llenakita.
Order from Un other lalindi aoHtlteJ. - ?SJ tf
QUABTEIIS
Kalre anil Whole Boxea of bet Ifsaciul.
"It BULLES Co.
OALtFOKNIA KXTB A 3ESS BEEF
Eattrra Extra IMm TorV. OalirnnU a.v
or rale by SH 13 BOiLES 4 CO.
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