Newspaper Page Text
(Bound rrtistnunts. , SJM&fiflft ffiWlttt.
3JTJife fGttgategtfMjSBiey Sale on. ReGord
AT THE POPULAR MILLINERY HOUSE OF N. S. SACHS,
S f"'l ICWORT STREET, 'HONOLULU, 4i.f I. f
BIGGEST BARGAINS EVER OFFERED
Full Reaular Made Hose, AH Sizes
lVir. -will offer the
IHd'l W 6a T 1 3.
BjEy.OOTJT rl CO.,
imigmn and Duly, In
lies, Mnes and Spirits,
'd I..l'Aiaa ! T J jrt t
CTTae lie Tort ; i
ilsitoiala. II. I.
tedd 60 mid 7o .'cnte; rur
EntinTLdt .it1.le tmi(6ni Vrfte tf f
-A SPECIALLOT'OF t ' '
MiSlA RICE MILLS
-5 ..-.to '-?; ; uw iiokikt Meam 1'acKlcr. 1. ti !i Inch-kV-
a a' lrrlalkrraidtrlncr !dla UqMht Mean l'.rll.. rourd t:.? tquaV, all' .
Mp. do ilaclmitn Oil lard, cattor and cj Under, v,
I r Lw lialMh liltltr A t . .. .. .
Superior Ginger Beer,
Donnollys Root Beer,
Donnolly's Spruce Beer
i Wl Ull,
v.ft$'STr'iM,,r!;",,,,t1"";1"",Il"" Spike. )or(e "orseno, t JInle
Latest-Improvements in Shelf Hardware
J)ISSTONS O.AWS.AND FILES. ALL SIZES;
lUKa A JaatHH'.aaH frwM.VWhTtnanaer.fi
3i nat Aaliv all lire Horn and
P.cUg:lr tfairartTM ! IiicnB. ' """ icnn,cntrlfuSali
S 27 Ti. JE JL, J3 X DEt"S GOODS
VAtaaa. V4 oa TteMnf A C A 1 ami f lll.tEan. Cnblliel.Cottone. KnMllDlipcr,
' aOMOta BrUW.Xtt.eB SAerilnc Jloo Sr rt, Elne anicarlct FUnnll."
A FW Auniai of Wlihe 1 lanclf AIo. " ! uuii.i
STArLE GROCERIES, Golden .Gain, Star i Supcjfiiie Flour
CaaiWia Wvrr lainoia. Bap Iteana. A1m lalirorniaLime rorlland and Iljdranllc Cement,
Tor Kerosene Oil "We Offer THE PAI.ACE, anckGuarante
it cannot be beat for quality' or price; also, THE
VUXCAIf, a good oil and above test:
WOODWARD & BROWN'S CELEBRATED PIANOS
The ritcaprot Uootl l'iano;
Xew Hiu on Or:
BENSON, SMITH & Co.
s" ilbniiS'ilS Tort Street,'
ma i :
Ixsjsictonaad Kannfictnrert " "
an Co.'s Tailor Organs
123 aF'oirt street
Cold Drinksforyoung & old
10c. per bottle
10c. per bottle
0c. per bottle
Taete fleets are the mo,t pleajant and healthiest
eeeerayc known. They cleanse and iinrlfr the blood.
Ii!ri ,,'5"Jhem not OTljan ereellent drink bat
rnd for Inratlds, and wlU more readily nnench thirst
without vrodncln; any delcterionieflects
Candies ! Gaudies
Some lnad Crtmi ami ravam1a il l.
i jh ,d!',r: afD2 rtectltfn of Jmportwl Cudln.
ci m. r ?. 1 . S " "ronisiHg
.inij iu me wHsin. -MJ 1 O ana XiU
LEI AfcSHA B0QUET.
Smoke! Smoke I Smoke!
at the Torntaln
?w It NOTION -
VN A2fb AJTTXK THIS 1ATE,TIIB
J nosotcLu ice works coitpjsr'wiiid?,
IlTtt 1C at AS LOW RATES .. '
Les' ..s:zaw nats at ai.uu
r?lV r t r T
PACIFIC HARDWARE CO.
'vin rus .. mihiigha .4 A. Co And Samuel TColt)
TORT STREET, HONOLULU,
Have Just Ecccived an Invoice of
Slabs & Bowls
"- " Wcwr "toy Xjato !
Breaking, Furrow' and Light Steel Plows,
JaJfiO ' TU'- IWST lai'ltlltEU 1MTTJ.UNK.
Agents for California Wind Mills and Pumps
MIT.WII.l. 1UII STOCK IIA.NCIIIA
AGRICULTURAL IMPLEMENTS OF ALL KINDS,
Cutlery, Lamps, Chandeliers, Lanterns,
HOUSE FURNISHING GOODS, KEROSENE OIL,
Detroit Cylinder pups, Albany Cylinder Oll.Jand Compound
Lubricating Oils of all Kinds.
12? Correspondence from the country will receive careful attention.
107, 109 & 111 PREMONT
?uui AaSi'Jn: 22 iitAcr .
?25fiSU'y.I,!"!"1.' ansiioirth. nearest to perfection
ftimi V," ,Ion,or orllliry sland unrirallcd The yield at these
poundi of Paddr. accordinr to Quality of the Paddy, which
i Mill- Ily these late chaoses and Improvements Ihc Proprietor
bHWetOflargeI' Reduce the Rates for the Hulling & Cleaning of 'Paddy.
jimwiiiwuji mTi r miutimj rAiini to nan iieam:is
itn lisilju IX t i.r.xyi.n AT Till: SAX r It t K c'IBItl Jllf.l.t.
Till. TtAV lllr .XAJICI):
srf Ylwk al th- S.I1 ramiK4
4-.Non n of V nliantalli Jti
& l t r per era
aunt in saritf'ol
Clli I,rr I.lalilllt) toll rot II.
from MilpSuiell," to
otlrn complained or In clennesl Rice
r lowl wlib sucarcarro.
AMI ItetUr llntr 11 ulajs commands
over Island Cleanse, particulate Is
I jutrni .llnrbrls
CONSIGJTMENTS OFADDY SOLICITED.
. : "Win.. M. (MeEJN"WOOD.
General Commission Merchant juid Proprietor or ti
INDIA RICE MTIXS. San rrancisco. Col,
K"cw -! by Iate Arrirals
FEOBI SAN FRANCISCO,
NEW YORK & ENGLAND.
Keeeived by Castle & Cooke
XSO. TO ARRIVE BY VESSELS DUE FROM ABOVE PORTS, AND
To 3SE NoiaK at MfrWUgT KATES
Suitable forPJantatipns.Country Stores
rFAXlLlBS. Orders Filled at Shortc,l Notice ami nith Saliv
,9$ J jjiptlbnb i'lirfliaserr Attuiition is -Called to Our
r 'JUil.riJr PucJvBl uotl.t.Irrllooaroripr. rianta'iioe.:u
1 2and S rr.h
A tmtnrtiiUttKX.' J "
1 . a4Ut ouUtT. India l&2viW, "4 1. "jj!,U . iSthi YovJ.'
"J- - ". - .?S "rS"' " V
Conrt or taa aimuui
is the non disclosure
cumstanccs which one
legal or equitable obli
to tho other; and which'
not merely in foro an
jure lo know."
And 1 gather from all
aalo of goods is not t
vendor lias actual kne
sources of facts or c c
other party, which matt
tho goods. Story says t
is not equally accessible
ill not relieve, if it ii
confidence. Id. f Sec. H
Orgtin, 2 Wlieatou 178, a
22 Pick. 48.' ' l '
Tho rule as I have exp
qualification; for if the
suggestion or rcprcsental
tion becomes tainted wit!
On tho ground of undtti
fore, I think the bill fails
In regard to tho statem
was good, marketable sto
that this was a mete mill
such is not rclievable in
this case, tho parties we
other upon equal terms.
I pass now to tho print
which relief is asked for.
Wilco testified that Kl
on IhcfvaTno of llio stock
sidcrrd it a first jato in
not sell at less tlian par.
being President (of the Co,
of the otock. He said alsi
hive risked tbe offer ho mi
if ho had known that Will
fusing to sell at par war
cause others tor.loso by hiu
Mr. Wilder testified that
8Uted that any stocks he wa
good he should keep and
was not good be wouIdJTnc
with it, and this applied
Honolulu Ice Co. '
Mr. Kllis in bis ansnerd
to Mr. AVilcox that Wilder
par and refused to sell for b
be ansa crcd WilcniVvmni
shares nere, that tlievlwero
cox asked: "Are io'u.nola
and do you not think I could
less than $85?" Kills replied
sell for Wilder but llmt W1I.I
to sell for less than par.
Mr. Wilder s ly s further ths
to sell any of his shares in
remember if Kllis offered to
This i a bill to declare fraudulent and yiil
a Bale made by defendant to plaintifT of eixty
sliatca of the of tliellonolala Ic
Oo a corporation under Hawaiian law at
$70 per aliare, and alio for an injunction to
restrain defendant from laling oot an execution
npoD a jndfiraent for $1,200 obuined by
the defendant against (lie plaintifTat tie last
July term of this Coart, for tbe pnrcluse
money of this stock. ,
The bill charges that the fraud m
tof Material f ictTh Urcbf
-Is 'charged 1 6 bV' statement's 'faSde by
defendant that tbo stock was good, marketable
stock and a first rate investment at the price
offered, and that the PresidentoMbelce Company,
owner of its stock, held it at par ($100) and
refused to sell forleas.
The concealment is charged to be of the fact
that the stock was nnsaleablr, and wan by
reason or an expected competition in the Ico
bnsincss, of creatlyless Taloe than par.
Taking op first tho second point, I think it
is proTcd by the evidence, that at the time of
the sale of the stock, April 10, leSI, Kllis
knew that the new ico company was about to
benftrmtd. 'Ibis U'clcar'frptn1Uio evidenceof
Mr.Sass, the projector of the company, ho
says ho. told, Kllis all abontiit jat previous to
his going to fcSan Trancisco, about the last uf
March. Also that AVilcox did not know of it
until ho beard of it from Mr. W. O. Smith, on
April 10, immediately after bis purchase of
Was Kllis under any legal obligation
to disclose Ilia information to Wilcox?
Dy the authorities he was not. Chancellor
Kent's statement of the luw in this regard i
as favorable to the plaintiff as any. lie says:
"When, bowerer, the means or information
relative to facts and circumstances affecting
tho value of the commouitv.4isfullr
iblc to both part
other, the discle
edgo which odd J
as to those fact
necessary to the t -
is no breach of - t
one party willll ' i&
edge, as to fact ',V
tho observation'-i - 'V,
within the reach
because neither p.
qniretl. Ech-tm i
for himself, and
bis on n knowledfi
common law aSbrc
not go to the roma
and accessible tnea
ncss of ice maMi
which all business
Sass had caused to
nullum of 31 Mai
I, vQndin with tl
Jur.) that a broaile
facta rest upon the
"In ordinary tuntr
express or implied
pored on the crfdoi
ingwith each othc
purchaser is presu
facts as auy other.,
liavo hsd, then tin
stated applies; noj
facto knon n tu himsi
his failure to disclos
Thero was no fidm
tween Kllis and W
evidence that Wilcox
denco in Kllis in thit
this being the case,
by Kllis' imjiortunit;
olfcr to get rid cf 1
would bo taken. T'
length. Wilcox was
and was, so to spoak,
Mr. Justice Story
201) in speaking of a
pressio tcri, "It is
ecn of facts mater,
pirty which will cut'
tiou of a Court of
amount to tho auppref
party, under the tin
conscicnco and duty
party, and in respect t
ccntly bosilcnt. An
question is not whethe
taken, which in point
which a man of dclicac
But it is essentially tit
aside tho transaction,
advantago should bo
there should be some
to make the discovery,
true definition, then, i
which amounts to franc
of Kquity, and for whi
tie may have asked me if I :
I have never sold any or ofleh
l. "eras to me ,thal the inf
ildcr's testimony is not tt
Bell at all while the enterpris.
diiion of uncertainty.., And I
used the language attributed'ti
anj that he intended to con-
Wilcox that Wilder considered
and thns to induce Wilcox to purchase. Mr.
Hil..er says that ir tbe opposition started, tho
stock In lijv CBnjrany, j)jrIngto the limited
demand for ice in thia enmmi,..:i.. ...i.i i..
opitesitfcrf,! wouldViy'say 0 per cent, that
"" "oudis as to we starting, ofihe new
company, until Mr. SaasrcUiracdirom Cali-
iorD. who sia raaoilnem ror Ikj Uipught
hian nould U 'foolish WAgl! to saVt a h
vu iiisiviiiua iierc.
as a statement of fact-as distinguished from
a mere opinion. IS). Ita purpose oTIriducinc
ine ouicr .party tb geneal bresubp
Iron beiri!r tliat . m,.mnB.. .-:-
de?Y-e i3? W The knowledge
orbeliefoTthepsrfymskittgit (6) The effect
and reliance or the one o whorait is made.
1,6) Its -materiality. And under (5) The party
must be justified In relvinr uoon lia
...wu. Hare ,uo partv is not insuned in
i . .m .-....
truth, or when he having the epportuniy'of
making such examination be is charged with'
the bnawledco be micbt have bad. if ht, had
prosecuted it with diligence, or when the Hpj
reseniauon is cuugciuiuk vuciimco uu
wiunn lue knowieage or means oi aajainng,
knowledge possessed by both parties.
where the representation is correernirg facts of
which the party has, or is snpposcd lo"fc4ve
knowledge and the other party lias no inch
advantage then he is justified in relying ufjon
I find a note to Benjamin on Sales, Sec 15?,'
as follows: "Mere statements, of yeoBor,
either of real or personal property,
in the form of a warranty, as toils yatne, price
which he has given, or been offered for it are
held to be immaterial," citing: , J
Medbnry vs. Watson, C Met. 25ir.
Brown vs. Castles, 11 Cush. 350.
Veasey vs. Doton, 3 Allen 381.
Cooper ts. Hovering, 100 Mass. 73.
.Money vs. Mfflfr, 102Mass.217. 1 '.
Williams vs. Randall, C3 Me. 81.
Cumer vs. Perkins, 123 Mass. 431.
"But the utmost limit or this rrjle has been
reached in applying it to alatesients'of,tho
price paid by the person liiinsell."
In this note a leading case inMattachnsetlr,
Malhnry H'n&on, 6 Met. 216, is Incorrectly
slated as an authority to sustain the"vlcw that
an action for false and fraudulent representations
as to the price paid by a third person for
the property in question, can be maintained.
A careful reading of the case will'slinw1 that
an action of trespass on the case was brought,
not against the vendor but against a third person
who made the false representations wid
the Court say that "naked assertions by tie
vendor, though known to be false arc not actionable.
When a vondor of nut estate. aQrjns
to the vendee that bis eatate is worth so ranch,
that be gave so much for it or baa been refused
so much for it; snch assertions though Tenon h
by him to be false and though ottered yvitli a
view to decehc, aro not actionable. They Km
the mere affirmations of tho vendor, nh which
the Tcndeo cannot safely place confidence and
will not excuse the neglect in not exjininilig
for himself and ascertaining what the facts
are, and what credit is to be civen tu the as
sertions." This is qualified later on and' tbo
uourt say mat,
Notes on Samoa.
- . . 1 : .lM.n.n tit- fl !
buildings of any size, nothing ; but a few
nauve nuta ana omuiiiJtF omwu. ----is
only ono street and has only ono side.
A f ow missionaries and Sydney traders had
onormouB, and so alt.o were tho risks. The
Godoffroys wore tho first to put any capital
and commercial knowledge in faouth bea
Island business. They established I actor-:
,..! ;n ond nmnloved a fleet OI
, BTOn cnillnr. vnssnls. avcrasiinR each
over 1,000 tons. Thcso fitted up directly
for Hamburg, and, in order to get them
cargo, literally scoured tho wholo boutn
Pacific , ,
Tho position of an '-agent" on ono of
ii,o -was ticculiarly hazard-
... lanlntinn WHS COmillcte. HaUV
of thorn have told me, moro especially -in,
tho Carolino Island, that they never felt
securo of their lives for half an hour. Tho
way they managed to livo was somewhat
as follows: They first of all constructed
- !, nt Tlnnko. with a calvanised iron
roof to lesson the risk of fire, and then
this was farther strengthened by slabs of
cocoanutwood, thick ana strong enougu
to turn a musket ball. In this fashion
they could resist attack from tho outside.
But treachery was not so easily guarded
airainst Natives, especially in tho western
. fnnd nf lavinir ambushes
5L. -S Ln,r nnd mnnv a time they tried
i, i,.j Godeffroy's traders. Uno
ly tho only cuanneis uirousu i" j
information could be obtained. Tho
fidelity of theso womento their liege lords,
though touching and praiseworthy, was
frequently, ono regrets to say, rewarded
by troachory and ill-usage. As tho God---
:.iio imnr. tbn firm becamo tho
bankers of the South Sea Islands. They
imported large quantities w ;
silver from Peru, which was accepted, in
Samoa at a fictitious value, but which
nevertheless remained there,, and formed
a very convenient current coin.
The first whito man who ever set eyes
;.- . wmu
"'" peen " to find 1 think
is that whore the false representation of
a material fact, as distinguished from a more
opinion, is made to a proposed porcliaser by
tue seller, with tbe intention that be shall act
ttpoa it and he in fact docs act apon it to bis
injnry, tho contract of sale CHn lie set hairln' In
equity, even tbougli tbe purchaser could by
ailicent inquiry have ascertained whether the
representation was true or not.
Having arrived at this view of tbe law,!
Ibink tbe reliefprayed for ought to be cranted.
Decree accordingly. ,
A. S. Hartwell for plaintiff; F.iii.lfatcE for
Honolulu, .March Ctli, 1885.
Sorrremn Court of tha Tr..qi.,,, v,,,,,
IsBaaeo. Jajmary Term 188&.
Samcix, Stoxe vs. B. H. Kuusaxci.
JndJ.C.J. XcEJif.J. AutfiHjJ.
Appeal by the defendant from Decree of
,e. r"?P ceU't upon a ,'bill in eqnity.
wnica aueccs a partnersrii h l.tsrorT fSn
bbkcss UKBaixcss SVfou mo represenution if be in certain
CARDS actnally parties a billiard laloorf btiAimaw
A ty d. atthe .... oflce. 'J m oris to the proper means of ascerUunne the I at TVailuku, ITauJ, aM prajT for dtecS '
firm SfTi Kirtnaiwlnn nA.'vnttMM .lil.
rnentaad general relief. The defense seta
m that tte -plaintiff sustained tho
bl an employe only and denies
most ot tho nfcts reued on by plaintiff.
Upon tho ovidenoo ot record, after hearing
argument "we are of opinion that the
decree aT tbe lPhancellor sustaining tho
plaintiff's bill and ordering relief accordingly,
sbxftld be sustained. Deem ajpnatrt.
Kinney &Tpterson for plaintiff; S.B.
Dola&flolokaMki for defendant
Honolulu, March 13, 1885.
Sujif SfttSj 'Ciaiul of tHe Hawaiian Ialatxds.
Fnta ilia Jamnjur Terra. 1885.
It. A. Mactie vs. H. Hackteld &Co.
lleanJ igif)ltenl, Jlarrli 3, lSj, tkt juiy Ixtitj
Opinion of Chitfjiulin JmM.
The plauititTwho is a resident of Drcghom,
Scotland, claims of H. Uackfcld, P. Isenberg,
TT.'W. Schmidt, II. F. Glade, J. K. Hackfeld
tnU J.t3. Pfluger doing business at'IInnnlulu
under llip Jfirm name of H. Uackfcld & Co,
the, sum or eight thousand, one hundred and
sixty five 77-100 dollars fur so much looney
received by defendants to plaintiffs'
nse.arxording to an account annexed to the
The defendants plead tho general issue
The plaintiff introduced in evidence upon
which his case is founded, a proposition in
.writing dated "London, Jnly 21, 1833 from
J, CTflugec and Paul Isenberg of the firm of
JL , Hackfeld & Co, of Honolulu, to K.A.
.Macfiey and -accepted by him, in which the
defendants offer to sell lo Macfio all their interest
of eyery sort in the "Kilaueu. Sugar
Company'' and current account, "including
all debts dne us by yonr son Robert (IJ. A.
Macfio Jr.) as these stood on the 1st
for tho sum of One Hundred and Fifty Thousand,
dollars &c. Among other things, iiio
agreement recites, "l'our acceptance of the
foregoing over to you the 151 shares
nowheldby us and tho leasehold lnterost
appertaining to the half-moiety acquired by
your son, and releases tho "Macfio holdings"
entirely from all liabilities anterior to July
IttJTwhetheXby.taortgage or otherwise, sons
, wns nrobably tho Dutch com-
1 j. pn.imin. in 1721. At any rate,
The eliief islands of tho group-and,in- ho gave the name of
deed the ones worth fapd whichhe sighted J ust abc intvrUere
CXf'rSK SSra owrtoug vhoonMay
mfesfromet to w and twenty from & in Raping &VWjX
north to soutn. Its interior a wtuiuw xamu, o "" :r x.i " f Tniniln
by two parallel chains of mountain,. On northwest. This was
tho soutn side ot tne tsianu vuuso i"" ucaniib' """" "r."i i .filled
closo to tho coast, and form a precipitous the traveller tofa mot,by canoM
off the land.
without reefs ith natives far
and rock bound shore, 05
harbours. On the northern aspec the ?t ftggftg d - 83? Si
land slopes genuy aown w . - ues -"". t. ' ;nduding
VI ui muajuvsu Ii. 'f nnrt
nfflSairbtheTol ffi f?& SKTB
SX'IXmmM ere wa not caused by .natives . rf Tu.
so many other islands in the. South 1V proper, but by rgrZXWm
cificaiarrow strip of land is the only chiefs, who were mgto igana
portion wHch possesses any commercial pleasure excursion ,,as the MWgg
vilue. The great portion of the in tenor t. "itanga."
of Savau is n barren uacs ot cuuuu, isiiumovuv, littlo
ik ..;. nalma. nnd nf Anolima on it JSlanqnoisiiiuuuiuio
canic dtbrit. This portion is known to the
natives as "O lo mu," or tho "burnt country."
In TJpolo, tho second island of the
omnn. thn lnnd is more fertile, and tho
sconorv moro tame. Its interior, however,
like that of Savaii, is occupied by a vol
canic range, unt witnout. me luiumumo
lava bods. About four miles from Apia
tho commercial capital o tuo group,
tho wholo range becomes lower, and gradually
trends away towards tho sea. This
portion of tho coast is wonderfully fertile,
nns,tinK nf n deen rich alluvium,
watered almost daily throughout tho year
I? mrninl Kbnwnrs. Unfortunately, it is
Btrictly limited in extent, and is,moreover,
thickly covered with naUvo villages. Apia
is tho chief town of Upolo, and indqed of
tho whola group. It has a population of
about IfI Europeans and 200 natives,; but
u i. f A,n intfpris never constant.
,;. i;i-n nnnetatinnnle. looks its best at
a distance. From tbo harbor it presents a
long crescent-shaped lino of white houses
slittoring in the sun, and peeping out, as
it wore, from amid a dense grove of cocoa-nut
trees, tho iron roofs sparkling gaiJy;
... fl t l.n vnnnns consulates
. . "-fl-.n. tkea nrifl
and "stores" impart an air oi
to tho little town.. But on a
nearer approach much of this apparent
beauty is dispelled. The houses pro of
wood, and, with scarcely an exception, in
condition of do
a moro or loss advanced
rrn. nn tin wbnrvos. no hotels, no
than a barren rock some four miles in circumference,
and of no importance except
. ! : T;r.i nf vtnw. bmali as
.. . ? , ninviHt a creat pari
native its soil is aed
tho eyes eyery
as sacrcu as was uvin .v w a .
has thus boon lor gencruuoua "--of
and a focus ol ! native
politics. Hi" majority of thellMono
chiefs have little to boast of but empty
UUes and long descent; they have never
.i nnt innn nr iiliihl Duiuibi "
wealth. Their business is that of professional
poliUcians, fomenting distances,
keeping alive old feuds, and d w Be
bringing about tribel wars. Inthislato
thev have been'only too successful.
ir. i nr, nnwillmc' witness of onoot
t, , -ii i :i nm Tchir.h has over des
tnmnated in I
olated tho group, and which
1S72. It was caused by disputes between
a chief named Malietoa and some nvai
chiefs, and was at bottom a war of succe
' a -I fny 1ms remarked tnaii
tho Samoans were such good Cstians
that they would not. ngm on ouuubj .
:t. .ri n Snndav
noon some years ago in Apia, he would
havo seen reason to cnaugoiuo.woys. -pitched
battle was on that occasion fought
Just outside the town. For four hour?
' .i,;,n mr1int. was in mortal pcnl oi
his life, as bullets and round shot were
flnr, litnmllv in all directions. Tho at-
i'.i. n4n fmm seaward, and was
utciv os """-- " '
, J t.
directed against entrenenmeuu. """
" beach. Both sides possessed artillery
established themselves in anunceriuiu w, ?"??-('- fn : rvmnders.
in Tonga and Eastern iiji. incir txhio ""t in number, and had been
was Untiled to beads, knives and cloth, J" Speculative trader, who
exchanged for od
which were, tcmnt t. l.rtMif. Va on chance, and
rides for sandal-wood. Tho profits were
had sold them for 100 each
This was their final act and must determine
the rights of the parlies. Tho language of the
deed is plain and unequivocal ancf frea from
ambiguity and must bo interpreted by the
Court according to its own terms, having do
reference to the parol evidence whfpfi was
showing a different understanding by
some of the parties.
Tbo release, executed contemporaneously
excepts from its on n operation, "snch matters
pertaining to the book debt due from the
Sugar Co, to IL Hackfeld & Co, from
and after tho 1st day of July 1B33, and such
awards as may hereafter be. made between
H. Hackfold & Co and Macfie in conformity
with tha contract of sale bf January IS. Thus
the right which Macfie reserved to himself in
the deed bf January 15 to recover sums paid
by him irf the settlement, being indebtcdess
of the Kilinea Sugar Co, existing prior to
July 1st 1883 was excepted in the release
and he lias not. acquitted it to the defendants.
Having no doubt as tq llio principles of law
involved, I think judgment must be entered
for plaintiff for tbe sum declared on as set forth
in the bill 'of particulars as far as antf including
the item "Kcaka 6110.50" in all amounting
Of the remaining (tenia, I diaalluw "Krror
on Invoice Dec. $75." as being no error; 'also
item paid Cecil Urown $25 of which there is
no order No.-119 paid by G. W.
Macfatbuie Sipn. Tor $40 and not recoverable
in an action for money bad and received
by these defendants.
Interest is allowed at percent, per annum
on alt items from time of payment or each to
Augnst 1st, 1833; and after this to the 10th
January 1881 at 8 per cen, per annum, this
being the interest which was charged to and
paid by tha plaintiff in his settlement; and also
iuterest on tho whold snm recovered at 0 per
cent, per1 annum from the date of demand
which is July 31, 1831.
The bill of particulars also claims items
amounting: to $100, being Tees paid to counsel
by IL Hackfeld & Co. subsequent to 1st July
1833 and claimed by plaintiff as being improperly
chargeable tu tLo Kilauea Sugar Co.
The ease was a bill in equity by It. A. Sfacfie
Jr. vs. Horner and the Kilauea Sugar Co., its
object being to compel Homer as tho holder.;
their exploits. Tho who e scene was ono
of intense excitement. So much i for certain
phases of South Sea Island life, tho
romance and poetry of which have been
absurdly exaggerated. by t whose
knowledge of a group is conhned to a run
tho stumps of co
great execuUon among
coanut trees, and eventually .gained the
irTitri ii.I Tmmndiatelv after
thtfirini had cea I visited the camp of
tho victors. At the entrance stood a
i.n no Trim nnd trhastly as that
" """SP-Y W. birlpnna
of Jonn tne xapusu i"""" "-;
trophy stood a crowd of wrotched women,
-A. "i..i..to ir. rmir bands, waitinc per
mission to take away tho remains of those
T? old daughtor pit.
i.. i fr. nnnllinr -was that ox a
fnilllV Lltitl'U aui, a- ... -
ayeu r --.- ,.
Tongan, with hair sccniea jou, . --
d. andmoustacnecaruiiuij t"""i "--
had that morning, at his Samoan vriftfs
bidding, in an ovll hour volunteered bis
'7.J t?i,v nr, Inv a man badly
bounded with a rifle bullet, and sinking
; . m ,,n,i iiSm Imp.wiLand witn
last. AliUBW ""lm" " t ; ' !,,.
nauvo yUUi TT":T.rl
Hard by was another wonnaeu man,
bTaSamoan doctor, who, bke , Homer's
Sculapius, was both soldier and surgeon.
This gentleman was dressed
of leaves around his waist, fax. .body bemg
wplloilod.to proveni an uucuij ".--o
this method on " " &Z'x,e,Qi MUz to strike ,
of torn wniie,
told mo ho wasconstanUy being laid y
ror, ono siuo Ux i ".i'Tv l sat
I nntlKinnTlHI nis ene I
: :t tr.y nnM linil nnticinatcu
mies many times, killing over sixty during
his residence of five years in a certain
island Most of thoso traders had in
"married" native women, lo
theso "wives" most of them wero indebted
it.:. oofniir fnr thev formed absolute
andtiio ouieriw. ni7,t
of armed men, oBru" " .r.
and paint and guupowder. .
scene Tot carnage
gas passed toand fro, shampooing (to,
?" i it o, wnrrinrR. and chewing tho
i, inm fnr those who wero athirst.
tS nrmearance of tho men as they lay
on tho ground was picturesquo onougli
Some of them had bound their torn wi
shells,while their bodies wero clothed with
a few scanty ivy leaves. Others had
dressed their long locks in elaborate style,
and had painted their faces red, or black.
!. n tun rTin iiiiizliu uus
?L"l?lZ: "" rflw "ars. and shields
wero lying about in all directions, together
with wounded and mutilated men. As
,, mon rlrrmk their kava thoy sangpaans
t nM nnrl waxed verv brave over
in me deed is that tbe paymentrpf 502,910 02
is tbe balance appearing in favor of Messrs
Hackfeld & Co, but said account current and
the payment of said last named snm on account
thereof "are not to be taken as final," and
any disputes arising &c, aro to be referred to
arbitration. No question is bere mado of the
right of tbe plaintiff to sue at law to recover
these sums in default of submitting the matter
Tbe previous agreement of 10th January be
tween, uoraer ana ilaclio in wbicu,H. Hackfeld
& Co Join, is not so specific, ft wonld,
doubtless, when considered alone, not bear
the interpretation that liabilities of tbo
Sugar Co, incurred prior lo 1st July
1683 were to be borne by H. Hackfeld & Co:
for tbe payment of $62,84.0.02 is subject only
to correction by adding-drafts dated from and
after 1st July 1883, to the amount of $1800,
or thereabouts and by deducting tbe proceeds
of some 1063 bags of sugar; about $000.
Tho views of the individual members of the
firm of H. Hackfeld & Co who testified as 16
Uielc understandimr of tbe final agreement
respaBd well with tbe language used in this
of January 10. But it Was only
M agreement fo sell and was succeeded by
lheferssjsl instrument ofsals of January 1$.
.,t,.t mipmrrs TO THE
L VOLCANO 1 ltETUKM . can now be had at the
Pl-1 .K'.'1' ilSJL.'fe rihala.
bSSftff ffi"ffi"D5Hrir. tncladta.
Inter-Island S. N. Co.,
. F. .innnAX. Youaxo llocsn
hochoe. Hakaliu ana "
back each Saturuay
ex, x 3vi i x" aa x
Route and Time Table.
.ii ..... n,,lln each Toesday at 4 P. M.. far La-
Vlialna JlaaUJca. Makena, Mahnlona Kawalhae,
and IIllo Leare Illlo Tharsdsys lwj
Kochla"" th same ports on rctarn. arrirlns
tCl f.M.. tocounectUh the
t0.? Klnau WI LL TOUCH at Honolaia and Paauhau
onafr" . for risensers. If a .Ijrnal 1. made from
rr SLCSU1CE ixsi "
!T.rrui.t heaiy for the abore port
JUUa Buu iiiau. .,.
uVc hca? y frclsht for
Leaves Honolulu ercry Monday at 4 V. M. for
I&hulul, Keanse "T
ffVT. Kloahnlu and .Nnu ""iTuton at the
abore Pot" artWn J back Satarday mornings
For malls and pasjenjers only.
STMR. KILAUEA HOU,
WlllleaTononolulu once rachViek fsame ports
Wednesday, for Kaunakakal,
IlS.io .pSSo. Moanul, each Halawa. Vallau. Feleknnn
aworso than animal lacs, ua wF" ;j
lom scarcely give him a drink of water fiffi5rBa.itmiweKi.JildWeTs.i.
a bit oi
win nnt he for any
,t: vTr " ,- r nnrfnrn.
ley or Jewelry nnlss placed In charge of the
Anpisslble care will be taker, ot Lite Stock. bnt the
S. D. KOSE, sccreury
OFFICE-Corner Fort and (Jueen Streets
r,lnln hent. 10. 1SH.
STEAM NAVIGATION CO.
Steamer "W.G. HALL"
MlmmVti U H I VvlV
FOR THE COMPLEXION I
ItlsPureandIIarmIe..Delishtful In It. Applies on
?' in lT. F.ffects. while tha closest scrutiny
fall, to detect It. use. Freoared
SALE BY usaiauu.i.
H0LL1STER & Co.
10 Ihf. per jxrd; and a Inch coe with
AND 10 LIGHT SUGAR CANE WAGONS
N.B. ThI. Railway I. suitable for Animal Power.
ALSO FOE SALE
Straight Steel Rails, If lbs. to the yard
For the worklnxof Xe.sra. John Fowler A Co.'. railway
and locomotlres, the be- to refer to
J.O. Spreekels. Esq., of Spreckelirllle, wliere a llnel.
now In fall oper.Uonr
For fartherpartlcnlars. apply to
W. L. GREEK, or
, O W.SIACrARLASECo
'"" AgentsforJoht Fowler Co
SOUTH KONA, HAWAII.
Tan UNXEIt8IG2fE:D UEGH TO
Inform the Public that his House,
two miles from Kealakekns Bay. at an elevation
f I . feet, la ajaln ready to receive Thltors!
Ilone. will be readyai the laadinx for those wha
order them. BATII llOCSB In eonfectlmT wTth";
Board ty7 ror Ol7"o3t.
10Ut!a ' A. A. TOBD.
Leaves Honolulu fbrMaalaea, ,
UV- .. .
mill Kau, on
Tuesday. January U
V.I.I. J.nnltv t ...............-'
Wednesday. Fcbrnary II
Tuesday. M irch J
Kp1iI.iv. March 11..
Arriving at Honolulu on
Tuesday, January 'Jl .
rrmay, J anaatj w
Sunday, Febrnary S ......
Tharsday, February 19 ...
Saturday, February 2i....
Tuesday, March 10
Friday, March 31
Sunday, March Zl
Arrlrlnz at Ilonolnla on
Wednesday, January II..
- . a. n.hi frel5ht and racaajres only. rtll Saturday, January 21
will bo taken by the Wednesday, Febrnan
Saturaay, February II
Wednesday. February a .
Saturday, itarca ...
W ednesday, March IS .
....at 4 p m
- at Spin
LeatesertryTCESDAY.atS p.m., for "'"
Kntoa, Kleele and Walmea. Iletumlnif. Ieae
wlll eVery SATURDAY CTcnlnj; arrHlnj hack every
Leates Honolulu for Hamoa, Kuknlhaele, Ilonokaa
and Faanhaa, on
Wednesday. January I JP
Friday, January 15.. !! 5KS
ic... vs:i:. .
v.ua. February a. ..... P n
Friday, March W - "",.1;
Stmr. C. K. BISHOP,
Hnnoluln eTerySATDnDAY noon lot WaUn.e,
llanalel. Wedaeaday at3 p. m., touchlji: at W al-
Stmr. JAS. MAKEE,
cSrVt 4 pr":. to!chi:it w.i.irKt.r t..t
;bitk the fmo dar
OFFICE of the Compan) foot of Kltauea Street
near the V M S Wharf.
iinnntnln J.nnar3.1883. jww o
Heads of Families!
PLEASE BEAE IN MIND
That we keep on hand a foil Stock of
B GEiST BTEfcET.
FIRE WOOD, CHARCOAL
Of the best quality, which we offct for sale at
Wholesale and Retail.
ear Orders respectfully solicited.
S. F. GRAHAM fc CO.,
So. 8! King Street.
Telephone Mo. 197. . '"""
Fowler's Patent Tramway,
t3 pound Ittlls. II pound Ball.,
WithPatent Steel Sleepers
"T, C. DREWEB & CO.
A3DBCSS CAKDS SEAT-
. EW otdrvt niaJlta la tftn TTnfM BfsrSw
?f WbOM UT-un(a urnnctn. riv wuttiebt .4
I I m - : ' J "'"w r
TKMMJLXtarr ccmBttot 1
IOB. in. Wlamwa, BlaAl .. 1
mi z . - . nvrauaBa, va assv isisssmiisi
r nanus. Tiitasu. xaatj Bf. .j ' . a
-5 eidlcitol tii u. S tSVXZ ruj w w 1
r raflsJfnUiMIt n.Ui!J .
I Bf tlftsliT f
fml kkllfuur nprlcnf,p(msDik in aa Snmmi FhySSut I
b m ptiTSClsn wat rfn hti wttoi aunUon so a I
clMmot abeam mltJ.lini grf !. aad pb rrictmn t&rootrtwqt 1
taeooantrr.kiMvlDK rpcommctHl awicaxxcutmto I
t oia npiiiBt,by wnoa mrrkMwv kbw fl
VTm m OleTa, 1DO A UtMl Xp
crptnwricii inBrrme imptruiict
ttbcj aui rjs no mR. ens ii? am
xprlcaca oakv M I
ElV fSHnril'rt hanhtlxt lnK
I txMtuilT trMtcd. The loer wtUftrr to lorfdl .1oo for I
warn TitsovrrsusxuyZIZsl f
n tuo ui n wirriisiinrns me niinr. enrau tn J
i WM.1MT, inTifiurstrs Uivdom BTSVUla JUKI ZtSMRS U)8 .
i auMLwu tu xiijutswru oouii7usaean.
" J f'"1 I'1 '.
i "J"",,,'w trrmtrm,w mini i,imrj9rn i
IT III HIT llliliw msial i. raaTf aVaa - - -
1 aNHIwM Caasrtrisi ktM tak, c. Mat. TaraaaaaaatsTai
armm vokviiodsm naarf arrrvu. tftn mlOtt
LICDIO DI1PCXI tM. m rtx v .
TIME TftBLB 0? STHAMB1S
f & Son,
.. all sizes;
ay, Ccmtest, G ran J Prize,
Army jianses, Ji Unarter, Buck,
f. la, Tnw,Ktit ami Tiannilry Stoves,
WnroNickel riated and Plain ;
Bizes.; and laid on at
d'liead Soil Pipe,
1 ..Sh5 "PK. Shtet Lead,
68 & 59 TSTTmann Sf.
HOLLISTBR & OO.,
Have Just Received the I argest
LOT OF PERFUMERY
KITER IMPORTED INTO TJHS KINGDOM, COMBRISIXO
Over Fifty "Different Odora of the Celebrated
Odor-Cases, Fancy BoxesrBottles, &c.
Hollister &7 Oo.,
5 Hutuimu St., Cor. and Fort and Merchant St.