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The Hawaiian gazette. (Honolulu [Oahu, Hawaii]) 1865-1918, August 22, 1883, Image 4

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

Persistent link: http://chroniclingamerica.loc.gov/lccn/sn83025121/1883-08-22/ed-1/seq-4/

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Ctrijrrtl JJIrrrlandiir
I - n.
for uo-t.
MERICAN WATCH CO.,
C7"n.l"tla am. Mass.. TJ. S. -ia..,
Awarded GOILJD Medal
Cc lb Amrr.-an
- in ibetr -ervlc art ar--on.
btaatlar aa4 Tcrni-in
Lmi in thr Einibltfon
-V'TH "i.a.rma
i i'..tO- Exhibits
Tic
AWARDED FIRST-CLASS COLD MEDAL.
Only Gold Hedal: also. Two Special and
Pour First Prizes for "Watches.
ltnn let
I WHIIIHI- AV . Ft
- n- it in ..i l Em ibitlnn atmi-aloi. to Ui
Ll AM.MI.VEti tt KT HEfr I-t IVp-e .f Mwi
. V 1 " (iHrt M I'M, RAJ-AM fc, IM IT
t r EV I- rw-rrw of Xertr FNIUMNG,
!.. thiorA am several Worthless Watches
JUT. 3VrcI3SrjE3tIST52"-,
-. Agent for the Hawaiian Islands.
JOHN NOTT,
At tie Old Stand. No. 8 Eaaliumanu Street,
UN. COPPER & SHEET IRON WORKER
PIiTJMBING, in all its branches ;
Artesian "Well Pipe, all sizes;
STOVES AND RANGES
T j r -i. U , t . i.ra-vl friz.
.i .. lv V- r.TfS- ,n.- r-i- K" - Ilr U.nanuutcr Unci
ljy . , nuW"- '-- ! tt r Vi- ItatCTj rind llain
Galvanized Iron "Water Pipe, all sizes, and laid on at
Xowest. Hates: Cast Iron and Lead Soil Pipe,
Souse Furnishing Goods, ail kinds;
i tWXWISI -Ml J-..r i - f.l.it'ES
mm ' p -1 Pi-mi ttdrMu Iroo Sbrrt oppr Shfrt lead
w Ti FMr ucr'ii . MkImi and lniwK l.rui. l d Wasli StAndft.
Chandeliers. Ianips, Lanterns
J. W. ROBERTSON & Co
MfCCKHSOItH T0 ML. M. WiriTWJJY.
Importing and Manufacturing Stationers,
Publishers, Printers. Book-Binders and
sEWB DEALERS!
The Oldest, Largest, and ChcapcsCStationery Establish
ment In the Kingdom. Keep constantly on hand.
APGLLfcLARGK Assortment of RTATIO.KKY
If or VI H SoMcriptlOuN.
Jn Our Subscription Departm't
r -r -v ppT a) a Jow
IE 01H-HyiFj(IBDLIl 1FJRTHT
We Make All Description Blank Books,
r .i . . j. t r -. r iv.i.' ray imi ru.
EavingaFirst Class Ruling Machine
In the PRINTINC DEPARTMENT, we are prepared to do ALL
KINDS OF BOOK AND JOB PRINTINC.
BOOK OKDERQTG- DEPARTMENT :
BAILEY & CO.'S Just Arrived
10 Cent Store !
Xcrt St Honolulu.
Kf CNEIMYHDNTH
100,000 Articles
iO Cents Each.
-S Orders from the other Is
IssSe. promptly filled and respect
faUy colicited.
SS9 BaUey &; Co. I
IH-r Pat. T lkt.i fpno LlvtjMol,
jOJVOD FOR SjOJLmTS J
ONE MILE OF
Light Portable Railway Rails,
' :i It- iT . 20 iacii rib? lth
carTr. cttrlAf:,
AND 10 LIGHT SUGAR CANE WAGONS
".B.-Ilii KiUT li taiublc fr Ailnul rcr.
ALSO TOE SALE
Straight Mftl lb, to tlir jnt
Mil., .i-m.a,,,.
1 rrfrUicrprticUr. jpplj t
W L G&EEX.
O W StACFAliLAXE A
. AgnUfor Johc FowlerA
bolus; co
H.HACKFELD& CO
MOT FOR SALE
INVOICES OF NEW GOODS
JCST liECElVED l'EIl
BISHOP," AND
EHRENFELS."
BARK "C. R
STEAMER "
FROM BREMEN,
. tb!h1bi in pn of follewe
A Lorgc Asst. of Dry Goods,
Ml'D Ah
Denims. Brown and "White Cottons,
Drill lietuiss. Turkey lJl,i.e
Merinos, black and colored, 4 qualities
II err. CoboorcK. Alfncas. Italian Cloth, and
Dress Goods,
MCI! AS
l'aurj Prlnt-, Tiifntj-Tiif ft Mjlr.
IVmted Sattocum, 1'ompadonrs, llaids,
flipghami Victoria Lawns, batin Stnpctt,
I'ancy Mnrd Grtnadinc.
Mtite Silk Jaiianese. Twills, Strces
1'oplin. ftriin and Moirt,
lllack and Colored VclTtts,
FINE SUiKS,
Itlack, Grosprain, Fancy, Colored and btriied
Itarrge, Crtjx-.Ac,
TAILORS' GOODS:
ItocktlinB, DiAponalu, Tweeds, Cordb,
Sr'R, SUeuaa, l)oei.inn, CassiroerpB, A c
A Splendid Asst. of Shirts,
tWwolra Jljird CJic Hkkory. Inin. Ac
Merino and Cotton Undershirta,
White Bosom Khirta, Ae
SocVi and Stoclancs. Handkerchiefs,
roul&rdft, GloTta,
A LAISGE INVOICE OF Cl.OTIIINC
AS
Fine Black Cloth Frock Coats and rants,
Hacks km backs, TanUand Snits,
Fell, Mohair, Drill, limine! Hacks and l'ants,
Boys blurU and Children's Jackets.
Monkey and tiailor Jackets.
L 1L Coats and Leczings, Carpet Slinpcru.
Silk and I. C. Umbrellas and Parasol,
Fancy and Tr&Tekng Khawlg,
Cotton and Turkish Towel.
White, asd Fancy Qoilta,
Felt Itncsand BmsseU CarpeUnc
T3T ,V IV Iv :
lloree Blankets. White and Fancy Blankc U,
Fancr Strinf-d Woolen, two sizes.
Scarlet, Oranpe, White Woolen, Gaud 4 points.
lnrcaos tape, jjasiic, rxariB, ac.
Silk and Velret ICibbons,
, JiottoaaforShirtCoAt lrvnla, Dresses,
PEKFDMEUV, FLORIDA WATER,
Gencmt- Lau de Cologne, Iubin's Extracts,
Toilet Soaps, llulocome, Hair Oil, CombR,
Mirrors, Lookinj Glasses llpea.
1. 1L Jlalis. Ilaruoonioas, Blank Bookft,
Albums, Gold Leaf, Jewelry, Watches.
VIENNA FURNITURE:
Extension, Arm, Dining Koom and Farbr
Chairs, &Ucea, Ac,
Saddles, Calfskins, Girtha, Stirrup Leathers,
CRATES OF ASSORTED CROCKERY,
Containing 1'lates, Cups, Teapots, Bowh,
ChainbeM, J lice Dishes and Bakers,
Demijohns, 3 and 5 calls : Saxonle Bottles.
Vases and Glassware, Manila and Tarred liie,
SLgrctx- drRlcc Bags
Of all Eizes and qoahticp.
Coal Baps, Gcnnttw, Twine, Borlapa,
Woolpack and Twillul SackinR, Linen How,
GROCERIES 1 "
Sardines, in half and quarter boxes,
H. and I. Biscuits, Salt in jars.
Castor Oil in I'ms.Stoarlne CarHllco, I, A and G,
Matchca, Coooannt OiL Wash Bine,
llnbbock's Unseed Faint Od, II WhiU; Lead,
White Zuic Faint.
UQKORS:
lo Laae fils and BoakJlean Brandy, and
Iloro, Gin, SL 1'aol Bt-er, Ale and I'orter.
Fort Win. Sherry, Bhine Wine,
rine ana ltue ( larrin, tcaniragiir,
lrv Ueidaeick Monomle, Ch. 1'arre.
G.jL Mmnna&Co.,
AlOMJle. AC
SparUuislIock,
German and Havana Cigars
Ftatcd Ware Spoons, Forks, Cruets, Tea Sets,
Caps. Ac.
HARDWARE:
Fockit and Batcher Knnes, Scissors,
Sheep Shears, Needles, Spoons, Files,
Srmrs, Gal anized Basins, Hoop Iron
Kvk Biveta, Hammers,
Yellow Mttal and CompoMuion Naili
Babbitt Metal, Snpar Coolers.
Iron Tanks, planners lc Also,
Portland Cement.
Fire Clay, Blacksmith Coal. Fire Bncks,
Tiles, Empty Barrels Oak Boata, Ac,, Ac, Ac
Ora- firm! iti. ..th'r IUmi
H. HACKFELD & CO.
WILDER $c CO.
Importers and Dealers in
LUMBEB
A.M.-
BUILDING mATERIALS
Ol' A I.I. KI.MIV
JUST UECfilVJSD
IL
LATE ABRIVALS
tEVKUAl
LARGE AND WELL-SELECTED CARGOES
-m mm
WEDSESDAY, AUGUST 22, 16S3.
coMrnibix.
ALL 111E VSVAL STOCK SIZES
ix
SCANTLING.
TIMBER. PLANK. BOARDS,
IEKCING All lioni
A Most Complete Stock ol
A FINE ASSORTMENT OF WALL PAPER
UV1IJ.T hTHJ3.
NAILS, LOCKS
BUTTS. HINGES.
BOLTS, SCBEWS.Ltc
DRY REOW00G
Scantlins; i'Unk, snrfacc and roncli
Botd, snrfaccd and roogh ; Bailers,
1'icUts, Iicttie, Lattice, Clapboard.
I.VVMKII.
Pant and.V.'hitcwash Erushcs,
wiiiti: i.i:ai,
HITi:7I.MT,
I'AIT41IL.
METALLIC AND OTHER PAINTS!
Class.
Salt,
Firewood.
DOORS SASH BLINDS
1U.MI1,
Of Eastern and California Make.
FOR SILK IX 01 IXTITIHS TO si IT
AGO IN T1XS.
Tot StU t
nui.ua A CO.
TEMPERANCE TRUTHS.
Addrewi Before Aleerolm Lode I. O. G.T.
On the evening of the 13tli insL, Algcroba
Lodsc 1- 0. G. T. celebrated their first anni
versary, at the Y. M. 0. A. ball in this city.
On that occasion the following address was
delivered by Mrs. llngh Hastie and the com
ment made, bavins been most favorable the
address is be re reproduced for tbo benefit of
our readers. The speaker said :
Ladxks AM) Gestxesten : As onr worthy
Chairman has just informed yon, vrt meet this
evening in this social rconion to celebrate
the first anniversary of this Temperance
organization. Doubtless the occasion brings
forth many pleasant recollections, and let us
Lope lltat this may be the first of n long series
fit such happy birth-days id the history of this
Temperance Lodge.
While this event brings before ns a gTtJl
rfoal that Is being wrought in onr midst, it
also brings ns face to face with a great nit.
One that threatens to more like a clond, over
shadowing the land or, like the wily serpent,
creeping aith stealthy pace, finding .its home
in every licensed bar-room, tuning thence on
its foul mission, prowling through the land,
its fangs dripping with the blood of its' vic
tims. This drink traffic is increasing in jwwer,
multiplying its attractions, and extending its
haunts of infaraacy, until the unsightly struct
ures threaten to apjwar at every street-corner
and their noisy revels to bo the bane of every
street It is defyingpublic opinion, entrench
ing itself behind ' high sanction," it claims
support, protection and even extension from
those high in authority those violating the
fundamental principle of constitutional gov
ernment, ihich declares that the " will of the
people shall be the Eupremelaw. Let ns for a
moment pause and look at the visible resnlts
of this drink traffic on all the dearest interests
of mankind. Look at its action as written upon
the broad page of society generally. In the
countless hearts that have long silently
bled beneath their load of misery and shame,
nntil they can bleed in silence no Ipnger,
Millions of such sich amongst the livmc to
day, while many oh ! how many have hidden
their crushed and 'weary hearts in the crave I
See it yearly beggaring multitudes of families,
quenchiDg the light of thousands of once happy
homes in anguish and despair, bee the ruin
and delapidation which it spreads over thrifty
and prosperous communities. Head it in the
loss and degradation of character, in the Li
even to this little Ration, -of men,"whose early
history gave promise of "all "that was bright
nod full of hope for tIieircouutry,;but'Vho80
buii set even wmie 11 wauyei noon, lor jiow
many, alas! have fallen from the high spheres
of honor and truth, and the esteem and love of
the people. It 1b sad to reflect, dear friends,
that such has been the fatal record of many of
this Nation s best and brightest men. It is
sadder still to think that it may continue to bo
the record of many in our midst to-night. Yet
how different oh! how very different would
this nave been it the lout hend ol drink had
never been permitted to prowl and ranee,
through this fair garden which natu?c has
adorned so "plenteously. "When thepassion
lor strong drink gains possession of a man.
becomes the ruling passion. It respects
neither age nor set, high social position nor
brilliant intellectual gitts, offer no certain
immunity Irom its ravarcs. it attacks "all
sorts and conditions of men," reduces them to
abject trembling slavery and slowly perhaps,
but sorely draws them within its awful vortex.
It feeds upon the very vitals of socictr. and
poisons the life blood of the roost gifted, the
best and fairest of earth's sons and daughter.
It will be well while wc are considering the
amount of human misery and suffering that
mis inuuigcnce in strong drink is capable of
producing, to also glance .at the pecuniary
aspect of the question.
Docs not this poisouous alcohol enervate
and cripple all the industrial energies of tho
people? docs it not weaken and paralyze the
strong arm 01 hob nana, nrouier, orjncnd
does U not drain and waste the glorious God
given strength of our icprZrrr, of Jiour bread
ictnmrsr tuns striking at the very coro and
lountain-hcad of a nation s wealth and Hide-
pendence.
There arc few nations who do not commit
themselves to some kind cf extravagant ex
tenditurc, this often of a erv orprcssht
character. Under thisbcadl may class somcof
tho gigantic military organizations of, Europe,
at the present day. They opprcsVthe Kor
toiler by the heavy taxes that are imposed iijhjd
him in order to support them, while they
menace the weaker nations by their aggressive
una war-iikc cnaractcr. iins country may or
may not be free from rxtruuwant ejrpemlitttrti
but after a careful pern sal of the statistical
records, i leel sale in saying that tho rational
expenditure in drink, exceeds the National
revenue.
There eccnis growing disposition on tho
part of "the powers that be" in this com.
munity to gram more licenses for the salo pf
luiuiiiiuij- urinks. venaimy a voanj
country is not bound to be guided by tin
actions or traditious of one older than itself,
but it is a remarkable fact that while the pre
sent Licensing Act of this Kingdom An
Act which I think every one present will
agree with mo in saying has done much to
facilitate the sale of drink was being advo
cated hr the Ministers of Kinz Kalakaua. the
Ministers of Queen Victoria were advocating
no it mi v iiaiaiuic in tins I'muLUiaruiaucr.
Mr. W.K.Gladstone in aver v able speech which
he made ujion that occasion said that "drink
was more disastrous than- war, pestilence, or
famine.'
Ab to its demoralizing influence uoh the-
pcopie, recent medical evjdenco'given. before
tion of thcmasscs.crics aloud, and demands bv
cry feeling of sympathy and humanity that
can tonch or guide the policy cf the rulers of
mis Aingoom, mat this trsfflc, be prohibited
by law.
"It is neither right, nor tiolitic for the Sjato
to grant Icral protection to anv trade or sys
tem that tends to increase crime to waste the
national resources, to corrupt the social
habits, and to destroy the health and live' of
ine people.
VTe have to beware o a class of politicians
who while they profess great love for tho peo
ple, arc ready at any moment to sacrifico, that
people's dearest interests to their owMeclfish
aggrandizcmcnt,or in order to gain the support
of the organized rum-seller, or who nnderlhc
c li arm ol that rauch niis-uscd word 'liberty
encourage the people to give rein to ofcry
paesiou and licentiousness, which in plain lan
guage simply means giving them liberty to
Ittl themselves without legislative let or
hindrance. There is a trite saying that "you
cannot make a people sober and virtuous by
legal enactment," there may be a grain of
irum in mis statement, uot i thinx that every
one will concur with me In saying that the
rite is a powerful factor in human education
and morals; and I think nay, I am snre that
the law can and ought to make it very easy
to do right but rwy hard to do wrong.
Dut cannot wc do something to dispel this
oars ciond 01 ignorance that amongst onr
people especially seems to overhang this mo
mentous question can wc not appeal to tljeir
iiigncr ana iwuer nature, ana just nere, and
before closing my remarks, I should like to ask
the members of the various churches, temper
ance and other social reforms who maybe
present what are you doing to dispel this
ignorance amongst ine people .generally;
what are you doing to cultivate-an 'mtelliccDt
perception of the pbysiolocicalahd nth
aspects of the question 7 Where is vonr.tem.
pcrance literature in native or English that
should be tent through the length and "breadth
of the land ? What use do you make of the
newspaptrs7 m . x
Many causes may combine toibinder tho
progress of this Keform, but as to its ultimate
success no right thinking man or woman can
hate any doubt just for a moment compare
its feeble tottering footsteps of fifty years ago
im ii Guuug auu Tigorous marcn to-day.
Look at it from what ever stand point you will,
it is in perfect harmony with the spirit of tho
age, nay, il is the spirit of the ace for aio not
us waicuwcrcs "rrogrcss and Kelorm."' Its
champions arc no fanatics, no vain sentimcnt-
alists, but men and uomen terribly in earnest.
icmiki mem arc memories which will not ii
them pause. Broken hearts, ruined homes,
and wasted lives; fallen roof-treea and the cold
aenea ot once genial fires urge them on. No fear
that they will falter, until you can erase
from the human memory these feaifol recol
lections. Until yon can make the narenLt fV.r
Kit- ie mm ami ucraaaiion oi meir children.
until you can make the children forget tin
v:cca anu ionics oi uieir parents, until v.m
can tear from the memory ihc oaths nf tl.n
drunken blasphemer, the blows and threats of
arunken violence, jso men no combination
of men can stop the onward march of this
grand reform. It raav be ridiculed. sroffV? nt
and mocked at; but it advances and the strong
tide sets ever or. ward. The surface may be
blown hither and thither by the breath of
com ana na icuie,but tne undercurrent swerves
neither to the nbt or to the left : Imtlu.U.
broadly and deeply oo its way, pressing on,
iuitt sieaoy resisuess lorce.
The bribed elonuence and selfish tntrroar.
of those whose train, is human blood and
agony; the double dealing and delays of
crafty politicians can not stay its triumphant
progress, for it is sanctioned and upheld br
Over thrones and fallen cmnircs him Hncrwil
of Christ has marched, treading underfoot
swords and fiauntinr emblems of tvrannr find
oppression, it has so marched in the ages gone
by, it will so continue to march, bat hand in
band with tho glorious Gospel of Christ, shall
walk TEVrrn anct, pure and iresn as me aawn
of a new day.
Unon that proud eminence 1 take my s:ana
and from its elevation contemplate that per
fect future even as a traveler nazes uwm a
new and beautiful land scape, waving in golden
fruitfulness beneath the azure ot a cloudless
s u nny sky. mmmam
Supreme Court of the Hawaiian Imlandi
duly xerm, iooj.
MaUTKA-LIIUI AXdLCTXXA VS. UllCAALANI
IIOH RON AD L. C. II OB RON 1TE11 HCS
BAJTD, KaSIEESCI (w) AND KaAIAKIA
HER BrSBANP.
Opinion vf the Ode Justice.
This is an action of Ejectment for the pos
session of all that tract of land situate in Ka
lis, Waikiki, Island of Oahu, being more fully
described in Royal Patent number 3!fl to
Alapai, containing 4 b-io acres, i no ruin
tiffs claim that on the death of Alapai in 153
or previous, probably in 1651, he left a
daughter Xihoa. She died in I659orlS60,
leaving a husband Kalauao who still sum res,
but no issue. At the time of Xiboa'e death
there survived Kaohe, who was sister to Xi
hoa's mother (Kaaipilali). This Kaohe was
the wife of the well known Major M. Mahuka.
On her death he married Luukia and this
couple had issue the plaintiff Mahukaliilii.
It is claimed that Kaohe inherited the estate
of 'iboa, and on Kaohe's death without and
kindred it passed to Mahuka her husband, ac
cord in r to the statute : and on Mabuka'fi death
the estate descended to his son the plaintiff
Mahukalmu, his widow Luukia being entitled
to dower therein.
The testimony substantiates the plaintiffs
claims. The defendants defend by adverse
possession. The land in dUpute is a barren
piece of sandy land on the beach at WaiMM,
not capable of producing anv crop and bavins
nothing on it but a few cocoauut trees and han
bushes.
A. crcat deal of testimony, extremely con.
flic ting on some points, was adduced. I find
it established, in substance, that Alapai died
in Koolau, not having lived on the land and
the Royal Patent for it was taken out in 1656
by Kalaeone. Kuhcleloa and Kamecnui who
were sisters and persons of some distinction
assumed charge ot this land ana became in
succession the wives of this Kalaeone a man
of some note. By the the testimony taken in
1S66 in the Probate Court in re the estate of
Alapai it appears that Kuhcleloa s father was
the brother of Alapat's grand.mother and
Alapai would therefore be, as described by
Kalauao, the ' keiki " of Ku)ieleloa ma. She
was Alapai's grand-aunt, a relationship not
capable, under recent adjudications, ot inherit
lngUhfr.rtroperty. of -Alapai, but sufficient to
accountjorivameenui and Kuhcleloa sassnm.
incrthe ownership of the land.
Kalaoone had a house near this land where
he lived and all that part of the country wai
for many years unfenccd. From time to time
they had persons living on the land : Paoa,
says ho lived there once and that Kalaeone
kept his cauoes there and he and his wives
planted hau bushes there. Ahiena sajs, he
wa6 put in charge of this land by Kuhelaloa
ma, that he gathered tho cocoanuts and kept
off intruders. Had a grass house on it where
he Jived and abler it decayed, it was rebuilt.
Jly a conveyance dated July Gth, 1660,
Kamakaumaka widow of Alapai and her hus
band Ua and Kalauao husband of Xihoa con-
Ycycd all their interest in this land to Kalaeo
ne. Kalaeone left this land to the defendant
Htkaalam Hobron by Will dated 20th Dec.
1678, and the possession by Mr. Hobron ever
Bincc is undisputed.
It is not claimed that Kaohe, or Mahuka or
cither of the plaintiffs ever had possession of
this laud. Lvcn rsiiioa who was the
doubted heir was obliged to cet permission
from the roan put in charge by Kuhcleloa to
take cocoannts from the land. Considering
the nature oi the land and the uses to which
could be put, I think adverse possession is as
well shown as the return of the case admits.
The poepfs sion since 1 fiCC was under a claim of
title and Ahiena says that Alapai left the land
by word ol mouth to Kuhcleloa.
Judgment for defendant.
W. It- Castle for plaintiffs. C. Brown for
Hobron. R. t. Btckerton for Kamecnui.
Honolulu, Aug. Stli, 163.
Supreme Conrt of the HnwAiian Iala.nd.
Jnly Term, lHbli.In Bunco.
In ItE-PitQor of tiik Will or Pvuaikala
KULIIWAUALOLO AM) KaXEKOA, HER.
IIcsnANP, Contestants. Anauiwa an
Awana, II Kit Hl'shanp, PetitionkuS;
Jum, C.XJ ash Austin, J.
Opinion of the Court by Judd, 0. J
This was an application for tho proof of
last will, heard originally by Mr. Juatico
Austin. The will was by him established
and admitted to probate and the contestants
appealed to a jury at the last April Term and
the jury sustained tho will.
iho issue lor tho jury to decide was
"whether or not the said Puhaikala did cie
cuts a will devising her property in Pol am a
Honolulu,, to Anahiwa her grand-daughter,
the petitioner.
Alter the evidence for tho petitioner was
m, the contestants counsel moved for jtidj
mcnt on the ground that no case was made to
go to, the jnry as the testimony for tho pcti
tioner was conflicting. This motion bcin
overruled, the contestant now excepts. Upon
a review of the testimony wo find there was
evidence, adduced pertinent to tho issue and
sufficient to support the verdict.
The connscl for the contestant asked tli
Court to instruct the jury that, "In order to
find a verdict for the plaintiff (tho petitioner
herein), mo jury must be satisfied that it:
will was dated, made and duly executed and
that the contents were as alleged, without any
reasonable doubt. If the petitioner has failed
in any of .these points, they must find against
me win, '-ivnicit mo uoun rctusca and in
stead of which ch arced the iurv in a modified
form; that in order to find a verdict for the
plaintiff (the petitioner herein), tho jury
must bo satisfied that the will was made and
duly executed ami that the contents were sub-
Btantiallv and in everv essential resoectna al
legcd"occording to the great preponderance
oi me evidence, and it the petitioner has
failed in any of these points they must find
against the win.
Wo think that the judge was right in li
charge. As to proof of a lost will "The
proof roust restore the entire will, not, per-
naps every tetter and word, but an that is im
portant; so that in grauting probate tho
Court will feel assured that it is the probata
u. tiiu Mima win which incicsiaior executed.
"Kedheld's Cases Law of Wills, n. 217,
In Burton vs. Driggs 20 "Wallace 131. Mi
Junt.ee Swayne saja "It is an axiom in the
law ot evidence that the contents of any Writ
ten instrument lost or destroyed mav be
proved by competent evidence."
Says Grccnleaf 1st v Sec. 500 "But whether
it (the record) be ancient or recent, after
proof of tho loss, its contents may be proved,
like any other documcntbvanv secondarrpvL
dencc,wliero the case docs not, from its nature,
disclose the, existence of other and better
evidence.
But t hero is no rule of law requiring the
vAcwjuuH vi a-jaei instrument, to uc proved
beyond any reasonable doubt.
Tho Court farther instructed the jury upon
the matter of dale, that "it was not necessary
to prove" the date with accuracy or exactness;
that dates rested uncertainly in the human
memory; that a mistake of a few months or
longer in the date would not bo fatal to the
will if it was substantially proved." Wo
think this instruction Tvas in accord with the
law and was correct,
'The Court further chanred that thn infm.
cy of tho petitioner was to be considered 'with
the other tacts in tho case upon the question
of delay and laches and that the neglect of
Kupanuihc alleged executor, if any, should
not injure her rights under the law."
There is certainly nothing in the law to pre
vent an executor under a will in favor of a
minor from presenting it to the Court during
the minority of the devisee, but the necrlect to
do so should not operate unfavorably to the
minor, nor raise any presumption that the
will was never executed.
Having thus disposed of the execution.
the verdict of the jury in favor of the neti.
tioner must stand and the will bo admitted tn
probate.
F M. Hatch for petitioner. K. Preston
lor contestants.
Honolulu, August 13th, 16S3
general tgjtrthandist.
m m
New Goods
New Prices
BROWN & CO.,
No. 14 Merchant Street
4UtHit the Ocurral 101 Ofllce. Honolulu
Wine and Spirit
MERCHANTS
Dcsiro to call tho attention of
tho public to tho following
partial list of Coods kopt
In Stock, as follows :
Whiskies and Brandies
Supreme Conrt of thn H&wailut Island.
Jnir aemt 1BM3 In Banco
Maikai vs. A. Hastings & Co.
JCDD C. J., AND ArSTIX J. J.
Opinion of flic Court by Judd C. J.
Tins is an appeal from a decision of lV.ir
kiriiu in tne uistnct ol H aianae, Oahn.
Tbo Commissioners liaTe not complied with
tho law which requires them lo send nn .
copy of their judgment with the evidence
adduced, and the Conrt has been oLIiml in
mar, t f t n ! li n nnM.il w.l- .1. T .
- - . - - - iu i. ii.il uieir pro
ceedings are kept. It appears from this book
that the judgment is not signed by the Com-
miMiuuci., uui dj odij one 01 luetn.
We consider that this is a void in, Irrupt
and the proceedings are vacated. The plain,
tiffs must pay costs but the Commissioners
mut hear the case anew without fnrtTur
charge for their services.
J. A. Jfahaliu for plaintiff. F. M. Hatch
and C Brown for defendants.
Honolulu, July 3, 16S3.
COFFEE OlYD KOSA COFFKE
SI For Stic oj BOLUS t. c
til All KKA.M1S ntnl Hll IltICl.
WHISKIES !
Kentucky Favorite,
O. F' C. Sour Mash,
' O. K. Cutter, Al. Cutter,
Cjtus Xoble Whiskies,
White Hjo Whiskey,
IKIS1I AXD SCOTCH WHISKIES.
Brandies,
John Kxshaw, F.Conrvoisier,
Otanl Dnpuy A Co.,
J. & F., JIartcll, Hcnncssy,
Mullcr Frercs,
llouycr Guillct V Co.,
AND XUXlEHOtJS OTHER BRANDS.
Champagnes !
Moot it Chandon, Drnt Imperial :
Vcuvo Clicquot, Ponsarilia ;
Louis Rocdcrcr, Carlo Blanche ;
Gcorgo Goulct, Ay Jfonsscui j
Gcorgo Gonlct, Carlo Blanche;
St. Morceanx it Co., Royal ;
St, Morccauxit Co., Carte Blanche.
VERY SUPERIOR OU)
PORT & SHERRY,
Ginger Wiuc, Sanlcrncg,
Claret, Volnny, Chablis,
ChambcrtiD, Joliannisbcrgcr,
Ilockliciracr, Riesling, Muscat,
Muscatel, Isabella, Catawba,
Burgundy, Malaga, Angelica,
ZIN FANDEL, MOUX1) VIXEVARD.
Liqueurs as follows
Benedictine,
Chartreuse, '
Trappisliuc,
Maraschino,
Riga Kunimcl
CREME 1)E NOVEAX, whito A pink
Kirshwasfccr, Cnracon, Absinthe,
Cremo do Rose, Crcmo do Th
Cremc lo Vanillc, Baum Huraain,
Crcmo do Rosi, Rosolio,
Crcmo do Mcntho, AniECttc,
Cherry Cordial, Cherry Braudy,
Aromatic Schnapps,
Old Tom Gin, Bolavia Arrac.
Beers, Ales and Porters
Bass it Co.,
J. it R. Tcnncnts,
Blood, Wolff A Co.,
Vi'm. Edmonds A Son,
Pig Brand Porter,
St. Louis Beer,
Salvador Beer
Salvator Beer,
ililwankco Beer,
Guinness Stont,
McKwcnB Stout,
Ac, Ac., A a, A a
Ilostcttcrf, Bokcrs, Orange and
Angostura BITTERS.
HIGH PROOF JAMAICA RUM,
Honeysuckle Gin,
In Largo Stone Jars;
Palm Tree Cln !
Pj-e lXollsmd diti
Id Largo Whito Bottles;
Houtman A Son's Gin,
Grey Stallion Gin,
J. Rcynbend's Piuc-annlo Brand Gin,
KeyBrand. Gin
In Stone Jugs and Small Si. Bottles;
LA AXGLA GIN,
Ojtnrral Jfjtrilpndisc.
New Goods byXate Arrivals
FROM SAN FRANCISCO,
NEW YORK & ENGLAND,
Received by Castle & Cooke
ALSO. TO ARRIVE BY VESSELS DUE FROM ABOVE PORTS. AND
To K.U Soxi AT XiO WEST II A l l S
GOODS ......
Suitable for Plantations, Country Stores
OrFAMlMKS. Orders filled at Shortot Notice and with Satis,
taction to Purchasers. Attention N Called to Onr
Improved. Paris PL O W
THE ONLY GENUINE lUIUS PLOW, MADE OP POLIMIKD CAbT MESU d4 Cualrt4
Kfinal, If not Hcttrr, than any &U-eI llrcsLlrtK Plow In the Mark rt. Alro,o(brr maLrset
Plows so Hand of Moltne 1'lov Co John Drrrt A Co. Xc Ganff t'lowi.
HorHov Platift Jr. Cine Knlrei, miJe of betltcfl loonrordfr. l'Unirra'lIOfcu.l.Stod j; ffjiv
nth,AICatl lick .Mattocks. Pick, Hoc, Adxe.O-o, Axe and othvrhandtrt; IUldwln Yed Cuttnp
Leather Ucltlnc, 3 to li itch, bttt qnalliy ; Indi Unbtr IIom. ,t , it IJ4 H. tad i Ibcb . Ox ol
Ox Itovrt, AiIpc. for hone and tnnlr rart; Portable Poira. Kaglc Aht11, Canal Hirwma,
Soapttone and Afbrxtos Ifara l'acklnr IWt Hat India lnbbcr Mram Parking. K t latb:
Ilabbrt Mftal, Lace Lvathrrand Latins?, India Robber strain packing, rouid ami tour, all tlifa;
Aebcttofl Boiler Corrrln; and Mr am Pipe do. Michinery 01U lard, castor and ejlludrri Jfeitf Pmh oik
DISSTONS CELEBRATED SAWS AND FILES, ALL SIZES;
Spear Jackf on and fetnbb'a File, lUmmert for Carpenter. Machinist, Black am! th X IIortetR.r.
Cot and Wrought Nails, all llzc: Hone and Mole Shoe Nalt,Oalv Natla.Cnt plkrat o M);i9r
Latest Improvements in Shelf Hardware
Uabbnrfc'a U L Oil. at Vctj Low IUtep; Hnbbnck'a While and Kctl Lead. Zinc, tmall Palata im Oil
U lake Mannfactnrlnc Co't Meam IVed, Irrifatin? and Vtcnnm lanipf , Weton Ialent CentrlftttaltT
lUrbed Wire, Plata Fcnclns W irr, GatrauUed liooflns,
S ,T A . P L B ID JESTS'
GOODS!
ir..v..i nt, Trn..t. T
ltmwn and Ilteachcd Prilla, Linen t-hrtlin-v Mo-qnlto Lac Net, Uln and Sejrlrl ItaaneL
A c ine APiortmtnioi nue rianci? a mo,
STAPLE GROCERIES, Golden Gate, Star it Superfino Flour
t'olamblt Klrrr Salmon, Baro llranf. AUeslironiU Llmpi rortlaail anil llrtlntillr Oiarnt,
For Kerosene Oil We Offer THE PAXACE, and Guarantee
Itoannotbebeatfor quality or price; also, THE
VULCAN, a good oil and above test:
WOODWARD & BROWN'S CELEBRATED PIANOS!
Tin' Cheapest Good I'iano; New llinen Organ (,'o.V I'arlor Organs.
J. M. OAT, JR., & CO.
i i
NEW GOODSI
miUNGHAIMIl
Ti 51. Ti 1 fi Tl ft 1 , 11i:.T) ANXOUXCIITIIATTIILT
fcc.
'Sec,
Sec,
gj Orders Jrwn the other Islands
promptly attended to and GOODS care
fully packed for shipment.
gj Our Stock is continually changin
additions being made of all the Latest
Brands of Choico liquors, Wines and
Beers and intending nurchascrs would do
well to give ns'a call.
Brown & Co.,
No. 14 Merchant Street,
Honolulu, H. I.
JKt am)
BOLOGXA SAUSAGK IX TIX'CS
S CO For Sale bj
News Dealers !
No. 25 Merchant Street.
Have Just Received,
EXSTMt. SUEZ,
Photograph Albums,
Autograph Albums,
Promenade Bags,
Purses, Wallets, etc.
Christmas nnd Now Year's Cards,
I DIARIES FOR 1883
NOW IS THE TIME
TO HEW SDBKTIIS
IX H XV S PAP JK 11 S
ASH
FOR THE COMING YEAR.
Red Rubber
Stamp Agency!
We will Gtte frompt AU.Btlon toatlOrttrra Ittctlved.
J. M. OAT, Jr. & CO.,
It Olirm Block. S Merchant St.
JOSEPH E. WISEIYIAN,
7J Merchant Elrcct, Ilonolola, II. I
REAL ESTATE BROKER
E3I1'L0YME.T AHEXT
And General Business Ofiicc.
llone anil Iinils
Leased and Sold;
In All Tarts of this Kingdom
Rooms to ni:r Tiinoi iiioi r iii.m.
OTc.loo,eIandne.le.uIellbeariii alnd Ibal I
nroler Mk lfT.nd,. ,nt 11 .111 be df,o., Ini.rVnio
place jonr inI,. Teneme&t. at.ri 1L! it J
ror dlfpo.al. ' p.uu.
rartlcBlar.ttenllnn t . ...
LOANS NEGOTIATED
EMPL 0 TJIEXT 11 VJ:EA V
kokAllseekimuvokk them: is
I.A.Ml.S.
are non nbftiln" a Snlentilil Atanrinesl of (wd
i nm ,fw otk anu iwnckina, in wnico lutj revpti
flj Incite th attention nt fcajrrr. The Uoul havtif
been bonsht for rack at the lort frlcea nllar pr-
Tlona to ihe rrrent adranct. are offtred p eirW
: ally favorablp tirma tptlal atlrnllon U taiW I
THKIIt KULL LINKS OK
! .UiKHTIn UAlj OIlMiOKMS S
Til Kill
33xocx1il1xis: Plows,
Made Dtoa the njarettlcn of bcar Plaster, lai
been prvnoanred by comjtint Jada to he the
Sntrogost, Easiest 'Handled,
AndruoatciTeetivelireaker em Inirodacrd lato Ifcl
marLtt. FULL LINES OF MOLINE PLOWS,
Purrow Plona, evrralilaaniii(jle.
I'nha Sun, !!. KIJc lltll Pi...
. Jronble aLU isikvla Miorel ftowa,
inbfoH Plowf, Ktxle andTflecrah Plw, Ac
Harrowa vt dlflrrrnt pttterna. InclmllnK the Tnmtm
Patrnt Harrow, which hat met with aieh era
rral favor dnrlnc the prewnt teanm.
cnriVATtms, hohsk iioi:s,r.
A Lrg ,torltnrt)t
Ox Vol-. Oi Bowa, Ox thaln,
, 1 tarop PalUr, Umb llok (tometktas pwJt,
eelon'a Diffemitial PnlleV ntoekn. - - '
Carriage Spring Cart and Carriage AiIm.
PwMer Cotter, Corn ililU. llowlnj JlllU
'danlcn and Canal Harrow t.
STUDEBAKER WAGONS,
Wllb reanlne Concord Allce-UM! I. fttft Pm.
capacllr oa band.
Aaljllreal
LUBRICATING OILS A SPECIALTY-
Albanj 1 lladi r Oil, Comoil. and C.p..
KEKOSENE OIL
laqoaBtlllea lo .all. of Ike taeorile ELECTRIC eea
KEROSENE OIL STOVES
In treat arlelr-metnle. practical am) ealirel; ac.
English and American Paints and Oils
ralnt and Whltewaib Brainee. Tarprallae
ros. Varnishcs.
a flu lixe
Kobbrr Ganlru lloee. Eareka Cotloa Ilwe
Ilelllosandltelt Lacins.
IBcap. and Hrdraalic Utne ,
Powder, shot and Cap.
thett Lead, nabbllt Jleul, beel Zlac.
Boxee Tic I'Ule, lWre Cfetb,
Haaceraoa and Fryraoa,
Charcoal Irone. Wooden Mire,
SIIELF HARDWAKE Or ALLKINDS.
Tle and Laloc taring itrtlcrf.
A LARGE VARIETY of SCALES
l'letforoi Sea lea. Dormant Sealee.
Lnlrn kealea. broeera' and Datler t alew
Famllj Scales and Balancei.
House Furnishing' Goods,
A Fall Line ol Tinware. Aral- Iron Ware.
Ice Cream Freexera from ft 50 apwar. a.
Hammock, and Hammock Chair
Lamps, Chandollora & Lanterns
A SPECIALTY.
Azetila and U.n.fra nCLn, ....... ...
ere. and Tiaden: .n .11 "'rt'".
eareal attention to their ha.lneii. i.ld do iu to
otlfxmewbenTacancleaeil.t '"
HOMES AND EMPLOYMENT.
"r" ?,ro"hoconlemlaleti,iun" or r. -1
JiSS TfT?S'i"'"' ,b,,c '""a " i and uadtsau
IheiJ home, and tho,- d
. wt proaiam
Irius Eniplyj
Call and eianilaethle toekbefoteor aflerpanala;
eiaewnere.
NO TROUBLE TO SHOW GOODS.
alraa-
DILLINCHAM CO..
FortStroet
SALAMANDERFELTIHG
CovcriHs Boilers, Stea Pipes
ETC . ETC
Saves 25 nor Cant, of Furl.
m Er!.ERAL OF,CE WORK PRICE REDUCED TO $7.50 BBL.
OfererrdeKriptioa attended!, n '
THEO. H.
. .'t.i.. . .' Accotmia seol
mi enVionere. c'"r""ct Infrc.t. of ill
iiann;
the new F
ejleniire demand. In bnrine.. iWn h , I
wlthmTenUrrediiclIltiiri i;,.f".v,,''T and
fl""", the ether i.landa to male "aS bSi K
Sollcitlns Anent for. th.
MUTUAL LITE INSURANCE COMTY
Cx7Aeknowled7edeAlth.T - - .
nre Life Utwaaee Company inltVff "a
ctwtoraerf. (
rx lr
. DAVIE8 CO,,
Afeata.
Steel Halls
too "
PORTABLE OR PERMANENT
Railways !
15 ft. lengths; 14 lb. Is toe jri
Jot! receded per DiVesIAbercors,
from LlTerpooI.
WApplju IV LCIlttS,.!
O. W VACTAEtASE Ca.
Aieatifor Jai.r.leC

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