Newspaper Page Text
107, 109 111 PREMOHTT
A ir .K. Pht lUlMct.
il;b? TEEL, nd Gntrtnlcid
AiUr.tMkJVsr.niltrtLerLinillu! EiM.fi. V..C1. "J1"
. do yhmerj l)ll 1 ttor.ad"ffid'"5U Foil Oil
JJISSTOK CELEBRATEDSAWS AND TILES, ALL SIZES'
n i1acticai, ,:x i.i:in.
f?y SaSWJ0 .1: ".' 'niP"Jn'u! are Hon- th nearest to perfection
1"!1 'hl ' alt ..Ifa. - ;
...i , . ..V.1"7 ''"" """"I'm The yield nt these
W pounds of I'aildr. accord..ir to quality of th l'addr. ulilch
njinrsciaicchanrcs and improvements the rroprtctor
SA1!110 ,hBRa,es for ,hB fiullin8 cl6ai,lns of Paddy-
1M -I ,J cMiknliiu'raiKO
-. Mllf J trill f VrrtbatiUI.il itire
iui.1 j:i.imr in uaiftrtii
, fr.ll,. unity mtri OrnIllie of rackfcT
UI In Vtroill.
Till l.iitlrrl'roriliiiii from "Miiii .mcll," to
otlen complained of In clrniinl nice
v stowed Willi sugar uriro
AMI Italra Ii clav commands
over Island Clcan'll iiartlcularlv In
COKSIG3STMEKTS OF JADDY SOLICITED.
. . "Wra. M. GrREEjN "WOOD.
General Commission Merchant -rind Proprietor of Ui
"" INDIA RICX MILI.S. Snn Tranclsco. Cal.
JLYew Goods hj liate Arrivals
FROM SAN FRANCISCO,
NEW YORK & ENGLAND.
Received by Castle & Cooke
ALSO. TO ARRIVE Br VESSELS DUE FROM ABOVE PORTS, AND
To Kit Som at l2$WJES3F IS ATES
Suitable forPJantations,Country Stores
ttr FAXILIKS. Orders Fillcil at SIiortct "otico anil Autli Sativ
JicUbjnfe Attvittion isl'allcd to Our
proved JParis PL O W
1.1 (HTLTOKMr irWIti PLOW MADE OF JflLlMIKtl
JLiatest. Improvements in Shelf Hardware
r. bir Wl L 1
illlflb. Till -1.
V riil: Vccllij; ITIrt
UJfc,i'iSrf "' '' " H"1 Zlt. " rlm. in OIL
i 27 . JL. J3 X RY GOOD
A Fw AwrunvitT of wlitt rtenfl? aim. ' i.
SPAfLK GROCERIES, Golden Galo, Star & Suporflne Flour
'"' " ". T Bemw Alw I alinm. Limr I'orlland and Iljrtriollc Cement,
Tor Kerosene Oil e Offer THE PAiACE, anti,Guarante
it cannot be beat for quality or price; also. THE
v ULCAlf, a good oil and above test:
WOODWARD & BROWN'S CELEBRATED PIANOS
Th beapot tJootl Piano: t'w Havon Orcan Co.'s Parlor Orcans
BENSON, SMITH & Co.
klfe kdi5 Tort Street
V J w - v 1
lei imm BOQUET.
3EiEi.C"k.VjPr frt CO,
Alerlriiies and Spirits,
X eili:t 3tr. Tpot!te tie rwat Offlet,
C HoMiala 11. 1.
123 E'oart Street
Cold Drinksforyoung & old
Superior Ginger Beer,
Donnolly s Rool Beer,
DormoUy's Spruce Beer
10c. per bottle
10c. per bottle
10c. per bottle
hi,hT.s. ,i. '.","-: -""'". :"'.'!". ".
C4 tor Innrldt, and will more readily qnench thin t
II wllhoMprododnsanjdelcterlonaefftcu Candies ! Candies
riiSm3 Camel. all varieties.
i?i J!ri ?S,c,cttl,7 ot Imported Candles.
I ..?". Celebrated Eorton Lienret. fnrat aromatic
QBalltr In the market. XUTS and
I Smoke I Smoke! Smoke!
Cleartttee at the Tor BUIn.
1036 it. Robert Donnolly.
jl' r NOTICE! '
i J noxoLCLy ice woiiks
UTer ICE at AS LOW KATES a any oUmrcrmnanr
-""- "i1""""" IHJ
iL TJL A B1Bfcssa?'BCS,JtEss ly4onattha.Oaiett Oflct. CAiina set.
Tliis is a bill to declare fraudulent and oid
a Bale made by defendant to plaintiff or sixty
shares of the of the Honolulu Ice
Co, a corporation." under Hawaiian law at
$70 per share, and also for an injunction to
restrain defendant from taVinj; out an execution
upoD a judgment for $i,200 obtained by
the defendant against the plaintiff at the last
July terni of this Court, for the purchase
money of this stock.
The bill charges that the fraud was
Is 'charged te'V? statements HnSde by
defendant that tbo stock was good, marketable
stock and a Grit rate investment at the price
offered, and that the Frciidentol,tfaeIce Company,
&. 0. Vas
owner of its stock, held it at par ($100) and
refused to sell forless.
The concealment is charred to be of the fact
that the stock was unsaleable', and was by
reason of an expected competition in the ice
bnsiness, of creatlylcss value than par.
Taking up Grit tho second point. I think it
is proved by the evidence, that at the time of
the sale of the stock, April 10, 1651, Kills
knew that the new ico company wai alui lo
This evidence nf
Mr. Sasa, the projrttor of the company, ho
saysue told Kill's all nbouLk just previous lo
his going to San "Francisco, about the last nf
March. Also that Wilcox did not know of it
until ho heard of it from Mr. IV. 0. Smith, on
April 10, immediately after his purchase of
Was Ellis under any legal obliga
tion to discloso ttis information to Wilcca?
By the authorities ho was not. Chancellor
Kent's statement of tho law in this regard is
as favorable to the plaintiff as any. He says:
"When, however, the means of informalinn
relative to facts and circumstances affecting
llio value of the commoditv. lm
lble to both part
or says anything
other, the disclo
edgo which one r.
as to those fact
necessary to tho v
is no breach of ' '
one pjrty willfl C
edge, as to fact fsSsvjjai
tho observation1 1 -
within the reach
because neither p
for himself, and
his own knowledi
common law Effort
not go to the roma
folly, pra clrelcti
anfi accessible irTea
Tho ossibility c
ticib of ice makil
which all business
Sass hid caused to
Dullrdnof 31 JIai
It, eliding, with tl
leaves by the'J(8
Jur.) that a lircadu
facts rest upnii the
"In ordiuarj iimlr
express or implied
puctl uu the end oi
ing with each ollit
put chaser is prcsu
facts as any other
have had, then tin
staled applicn; no,
facU known to himsi
his failure to disclos
Thero was no fidui
tween Ellis and Vi
evidence that Wilcox
denco in Ellis in Ihit
this being tho case, 1
to get rid of I
would bo taken. T'
length. Wilcox was
and was, so to speak,
Mr. Justice Story (
201) in speaking of u
prtisio tcri, "It is
even of facte mater,
pirty which will enf
lion of a Court of
amount to tho supprei
party, under the cin
conscicuco and duty
party, and in respect t
ccntly bo silent.'' An
question is not wlietlie
latin, which in point
which a man of dclicac
Uut it is essentially in
asido tbo transaction,
advantage should bo
there shonld ho some
to make the discovery,
true definition, then, t
which amounts to from
of Equity, and for will
is tho non disclosure
cumstancos which one
legal or equitable obll
to tiio other; and which'
not merely in foro coi
jure to know."
And I gatber from all
aalo of poods is not t
vendor has actual kne
sources of facts or ctt
oilier party, which matt
tbo goods. Story says
is not equally accessible
will not relieve, if it ti
confldcncc. Id. I Sec. U
Organ, 2 Wlicatcn 178, a
22 Tick. 48. ' '
Tbo rale as I havo exp
qualification; for if the
sngscstion or rcprcsenlal
tion becomes taintcl will
On tho eronnd of undui
fore, I think the bill fails
In regard to tho stalem
was good, marketable sto
that tbis was a tuete mat
such is not rclievablo in
this case, tbo nartie. it
other upon equal terms. ,.
I pass now to the print
which relief is asked for.
ori4hovalBo 61 tha stock s
sidcrcd it a first jato in
not sell at less than par.
being President (of the Co.
of Ibo htock. He said alsi
have risked the offer he ma
if ho had known tbafVil
fusing to sell at par war
cause others ta,Iose by hip:
Mr. Wilder testified that
sUtted that any stocks he wa
good ho should keep and
was not good ho wonldjm
with It, and this applied i
Honolulu Ico Co. I1'
Mr. Ellis in his answer
toMr.lTilcox that Wilder
par and refused lo sell for 1.
lie answered Wilcox' jjnqui
sbarea were, that thevtwexe
cox asked: "Aro jo'uSi
and do you not think I could
less than $83?" Kill.
sell for Wilder but that Wild
to sell or less than par.
Jlr. Wilder saya farther tin
to Bell any of liis shares In
remember if Ellis offered to
lie may nave asked me if -I '
I have never sold any or offer)
,.I,l,8en"J ,0 " ,'hat the inf
Hildcr's testimony is not tl
sell at all while tha cnterprin
di.ion of unccrUjnfyjAnd I
used the language attributed'!!
and Hint lis intended to con
Wilcox that Wilder considered
and Urns to induce Wilcox to purchase, Mr.
Wilder says that if Uio opposition started, tho
slock in jrjjring t0 the limited
25mf"d Jr iS "ijhis community, would be
Z.H?VS ?-a VtlfM without the
0 per cerit. that
lie had doubta as to lhestarting of ihe new
COmpanT. Until Mr. Nilari.tnm.vt t. n-i:
foroia with Lis msdiinerri for Iw Uiought no"
man oaU U .foolish erfcfeglt to staVt a hew
tn rMakI . Tr I -
as a statement of fact-as distinguished from
a mere opmiou 12) Iu purpoeo of Ipdocinr
th oUicry.partjr tBatt
being that a misrepresentation has such a
T?'r T1iS2"r?t,h: Tte knowledge
orUliefoTtberJartjiaakingit (6) The effect
of the uisreprescntati.on, ..e-.the helief, (rust
and reliance or ike one to whom it is made.
B) Itatnatcnahty. And under (S) The party
must be justified in telvintr noon tn. tinrZ.
.scntation. Here tha nartv ( n r.
relyiug upon the rtpreeenUtion if he actnallr
fl0AVK A Ilia MAfc. -'
truth, or when he Laving the
making such examination he is charged with'
the knowledge lie might havo had, if he, had
prosecuted it with diligence, ofwhen the representation
is concerning generalities equally'
within the knowledge or means of acquiring
knowledge possessed by both parties. -Bat
whf re the representation is coneernrngfact' of
which the party has, or is supposed I o" hive
knowledge and the other party lias do, Btjch
advantage then he is justified in relying upon
I Sod a note to Benjanriu on Sales, Sec. 430;
as follows: "Mere statements, of "i vendor,
cither of real cr personal property, notbemg
in the form of a warranty, as toita value, price
which he has given, or been offered for it art.
ueiu to vq lmmnienai, ciung: -, t
Medhury vs. Walson, 6 Met. 250; "'
Brown vs. Castles, 11 Cash. 3S0.
Veascy vs.Doton, 3 Allen 381.
Cooper vs. Hovering, 100 Mass. 70. '
iloncy vs. Miller, 102 Mass.517. ",
Williams vs. Randall, C3 Me. 81.
Comer vs. Perkins, 123 Mass. 431.
"But the utmost limit of this rule bat been
reached in applying it to fctatemente'otjho
price paid by iho person hiiusell."
In this note alcading case in Massachusetts
Mcttbniy r; ll'nfson, 6 Met. 216, is Incorrectly
statcdaa an authority to snstaln the view 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'sliow lliat
an action of trespass on the case was brought,'
not against (he veudorbut againut a third person
who made the falso representations uid
the Oonrt say that "naked assertions by the
vendor, though known to bo false arc noi actionable.
When a vondor of real estate aTSrjns
to the vendee that his eUto is worth so niucb,
that he gave so much for it or baa been refused
so much for it; such assertions though noh
by him to be false and though uttered wiUi a
view to deceive, aro not actionable. They tire
the mere affirmations of tho vendor,
the Tendeo cannot Bafcly place confidence and
will not excuse the neglect fn not examfniiig
for himself and ascertaining what the facts
arc, and hat credit is to be given to the assertions."
This is qualified later vn and 'tho,
Court nay that, "franduIentffiisrcprisentalFoiil
of particulars in recardjtgjh7etal3hich'
Notes on Samoa.
i T TTnl ll.n cn.nrl iclnnrl nf the
i, . T j : nr.il liinf
group, uio tuiiu muiu . .
sconory more tame. Its interior, however,
like that of Savaii, is occupied by a volcanic
range, but without the forbidding
lava beds. About four miles from Apia
tho commercial capital of tho group,
tho whole range becomes lower, and
trr.nn'n nwnv towards tho sea. This
tipn of tho partnership, acconntiog,
and general rolioL The defense sets
p that the plaintiff sustained tho relationship
of to employoonly and denies
most of tho acts relied on by plaintiff.
TJponthe evidence of record, after hearing
argmfient tve are of opinion that tho
decree i oObo Chancellor sustaining tho
plaintiff's bill and ordering relief
shotdd bo abstained. Sara affirmed.
Kinney & Peterson for plaintiff; S.B.
Dole&Jiolokahild for defendant
Honoloifi, JIarch 13, 1885.
Sn pr eois Obwrt rf the Islands.
Fwsa tl. JaanixTTerm. 1885.
II. A. Mactie vs. H. Hackpeld & Co.
Heard farfriwi, March 3, JSSJ, tht jury httnj
mind; Opinion of Chief Jtutitt JuM.
The plaintiff who is a resident of Dreghorn,
Scotland, claims of H. Hackfcld, P. Isenberg,
H.TV. Schmidt, II. F. Glade, J. F. Uackreld
tmlJ.tJ. Pfluger doing business at'Hnnnlulu
under thejfirm name of H. Hackfcld & (V,
the, sum of eight.thoutand, one hundred and
sixty fivo 77-100 dollars for so much money
received by defendants to plaintiffs
ttse, according to an acennnt annexed to the
The defendant plead tho general issue.
The plaintiff introduced in evidence upon
'which his case is founded, a proposition in
writing dated Xondon, Jnly 21, 1SS3 from
J..& Pflngcr and Faul Isenberg of the firm of
,11. Hsckfeld & Co, nr Honolulu, to R.A.
.Macfie, and accepted by him, m which the
defendants offer tn sell fo Macfie all their interest
of every sort in tho "Kilauea Sugir
Caropny', and current account, "inclnding
all debts due us by your son Robert (U. A.
Macfie Jr.) as theso stoixl on tho let instant,
for tho sum of One Hundred and Fifty Thousand,
dollars &c. Among other thing llio
agreement recites, "l'our acceptance of the
foregoing hknds over to you the 131 shares
now held by us and tho leasehold intercut
appertaining to the half-moiety acquired bw
jour son. and releases tho "Macfio holdings'
entirely from all liabilities anterior to July
IftTHwbetherlbr.mortrra'Te or ntherwisi. .n .i
c,n roc nmbablv the Dutch com
mander Eoggowein, in 1721. At any rate,
hocavothenamoof the "Bauman Islands"
iiuk"'" T, t "Uo,lin
TUo cluet lsianas oi uio jjiuuij m,
deed the ones worth Sa- to Fand which he Eighted latter nVnt where the
vau.TJrJolo.andTatnila. xuumoi. lsuie Uisi6'""""" aro.
. .- '., .1... !L rvrV . mfAC Trt lnniTHlUllllC. flUW WU J
largest, oi mo. inreo; u "" ?" BP":'J "1, -Z Tlorlv rmren from
rules from east V) west, ana ineuij """ o, xiuo, Tfri" 'nTtS. I,S in 1,o
north to south. Its interior is , occupied Tahiti, saw ingn u BSST5taiS:
by two parallel cuains oi niuiuiumis. vu -" .Ti,r0 i .nkfns
the south side of the island these run BeaiiiiS'Py2T?JSJ2iffllS ,
closo to the coast, and form a prec.pi ous the traeUer WJW 'Te touted
oTtheVorthem aspect th a VErty x)n got o
land slopes gently down to
. I "-""" , ,i, -.. Snclnclinir
nnro nnrir Ml nt ft vrtTVirir lUMilUtB UJ a nuiumuaowv
Ul UWO.P w..,. r a
natural breakwater. Hero tho soil is 3 thoCountde.LangloandM.de
rSoli nllriTinTn. rnvprnd with rjerennirJ VC
nnrfinn whicli nossesses any commercial
value. The great portion of the interior
nf Snvnii ?h n barren track of country,
thickly strown with scoria, ashes, and volcanic
dclrit. This portion is known to the
nn;. na "fl In mn." or tho "burnt
ni 11. nnnrnl1CT. nt TJ1B eiUWJUUU. -
etatipn, and dotted naU.dUageSbeen sin
ana liomestcaas. uui mm oi, ib mw au os . . ' ui qivAiinn
so many other islands in the. South p moper. but bj r some ' tobota
cific a narrow strip ot lana is mo "itcmeis, wu "? --o - .. .
pleasure excursion, or, as uionau? ,
Ft. malanga." Close teSavanbe
sland of Manono, wiui uiu 'V., ,-":
of Apolima on it ManonoislitUomore ..
uian a uuriuu uwi - - ,
cumfercnce.andof no impprtanco except
from a strategic point, oi um. ""r "T
it is, it has, however, played a great part
in the domestic history of tho ijtaai.b
i? t nrnrv nntivo its soil is sacred.
bTsSSm to. BdM to the Athenians or
SS i- ii. i Tvrnrv man bom on
Salono is bat WT . f
has thus been
of a feudal aristocracy, auu .
The majority of theManono
pTrtlon of the coast is wonderfully fertile, live politic-.
consisting oi a ucep rich auuuum, chiefs "? " descent; '" ' iimr havo never
watered almost daily throughout tho year titles and long
Inr n!nl olimrnrs. TJnfortTlIlBtely, It IS
strictly limited in extent, and is,moreover,
thickly covered with native Tillages. Apia
is tho chief town of Upolo, and mdoed of
tho whole group. It has n population oi
about 100 Europeans and 200 natives,; but
ii,..i.f flm lnHpris never constant-
Apia, liko Constatinople, looks its best at
a distance. JB rom tjio naruor it (""" "
long crescent-shaped lino of wluto houses
Blittoring in tho sun, and peeping out, as
it wore, from amid a denso grove of cocoa-nut
trees, tho iron roofs sparkling gaily;
while tho flag of the various consulates
and "stores" imnart an air of business and
n l,n KHln IfraTj. But on a
nearer approach much of this apparent
beauty is dispelled. The houses aro of
wood, and, with scarcely an exception, in
condition of do
a moro or loss advanced
cay. Thero are no wharves, no hotels, no
buildings of any size, nothing but a few
native huU and drinking saloons. Inero
: .,., oionl nnd lins onlv one side.
A few missionaries and Sydney traders had
estabUshod themselves in an uncertain way
in Tonga and Eastern Fiji. Their trade
was limited to beads, knives and clotli,
which woro oxchanged for cocoanut oil,
h,e, i wr'nnd in Fiii and the New
ridos for sandal-wood. Tho profits wero
enormous, and bo also wero tho risks. i.ne
Godoffroys woro tho first to put any capital
and commercial knowlodgo in bouth bca
Island business. They established factories
round Apia, and employed a fleet of
. ....n .niitw vassoIk. averacimr each
otct 1,000 tons. Theso fitted up directly
for Hamburg, and, in order to got them
cargo, literally scoured the wholo South
Tho position of an '-agent" en one of
theso out-stations was peculiarly hazardous.
Their isolation was complete. Many
of thorn have told me, moro especially in
tho Carolino Island, that they never felt
secure of their lives for half an hour. Tho
way they managed to live was somowhat
as follows: They first of all constructed
. i,nn,n nt nlnnVa. wilh a iralvanised iron
-.. tnlaocnn llm risk of fire, and then
this was further strengthened by slabs of
cocoanut wood, thick and strong enougu
to turn a musket ball. In this fashion
they could resist attack from iho outside.
But treachery was not so easily guarded
against. Natives, especially in tho western
groups, aro very fond of laying ambushes
for an enemy, and many a traio they tried
this method on Godeffroy's traders. One
m,n r.M mo 1m was constantly being laid
: .: r nnrl Imrl nntiriinated his ene
mies many times, killing OTer sixty during am
his residence oi nvo years m u ..
island Most of theso traders had in
"married" native women. To
tneso "wives" most of them were indebted
for their safety, for they formed absolute-i
i. i .tmnnois Hiromrli which any
ihformaUon could be obtained. Tho
fidelity of theso women rouieirueiso u"i
though touching and praiseworthy, was
frequently, ono regrets to say, rewarded
by treachery and ill-usage. As tho
interests crow, tho firm becamotho
Dankors of tho South Sea Islands. Tbey
:--!.1 lnrrm nnantities of debased
silTer from Peru, which was . accepted. in i
"V" ?een able to find I thiuk the
is lliat wLore the false representation of
a material fact, as distinguished from a more
opinion, is made to a proposed purchaser tv
tlie seller, with tbo intentiou that he shall act
upon it and he in fact does net nnnn it in t,?.
injury, iho cuntract of sale can be sot 'aside'm
tqriity. even tlonsh tbe purchaser could by
Qilujent inquiry have ascertained whether the
representation was true or not.
.1 .U?v1i,us a"ived t this view of tbe law, I
lliink tbe relief prayed foroneht to be granted.
Decree accordingly. T
A. S. Hartwell for plaintiff; P.lf. IfatcK for
Honolulu, ilarch Gtli, 1885.
Suprna. Court of Uio Hawaiian Iolsmda
IaBanoa, Jsunuay Tsrraa 1B85.'
Sajtcu. Srosr. vs. B. H. Kahasaxpi.
J'di.CJ. McCll,J. Austin, J.
Appeal by the defendant from Decreeoi:
the Chancellor, ntxm n lrili ?n oonin.
which alleires a rjartoprKriiri lfwnl w
nilrtiod in ? miiU... 1.;it t .. j "
r.sorta.othepropcrniean.ofairni'.h; ST wSnta! l&S, andyTto 13
wealth- Their business is that of prof
politicians, fomenting tobances,
keeping alive old feuds, and x was We
bringing about tribel wars. "
., t. I r.l inn fcnwnssf 111.
dated tho group, fJS'
1872. It was caused by disputes between
a chief named Malietoa and some nwi
chiefs, and was at bottom a war of succesh
.,f 1ms remarked tnar
tho 'Samoans were such good (iristiansj
that they would not. ugnt. ouoauua). -ii
:! ,t n enrtain Snndav
luo nua diicuv --- . - . -
. rn,ra arm in Anitt. 116 WOUld
haTO seen reason to chango his Tiews. A
pitched battlo was on tuai occasiou iuuSu.
Just outside tho town. For four hourn
every white resident was in mortal peril of
i i.e. i.iioi nnrl ronnd Bhot wero
a 'i:oiitr in nil directions. Tho at
tack was made from seaward, and was
directed against --,
tho beach. Both sides, possessed artillery
ranging from four to nine pounders. Ihe
latter were two in number, and had been
obtained from a speculative trader, wno
, i .i.t ti.nm iimm on chance, and
naa urouBui. - rm, a;a
liml sold Uicm ior ixuu uuii.
i t: nmnntr tlin stumns of CO
oanut trees, eventually gaine Itho
ALauetoasiuo vitiuij. vTVT 7 "1 ,nt
tho firing had ceased I visited the camp of
tho victors. At tho entrance stood a pyramid
' of heads as grim and gy.'"
Tt, ,0 TtnTYtist. Bound this hideous
" V a lalinl nriTnan
tronhy stood a crowd oi wb" . ,. v-,
wi& baskets in their hands, waiting per
mission to taKO away , iTn
dear to them. One was tho. venerablo head
f n olrl rhief. which his daughter pit-
eously craved for; M1Jwa?.,that?LS
Tongan, jrith hair scented, thBmdal
andmoustaciio carumuji ...--,"Ti
i : t Vita Rnmnnn Wlfo's
biddine.in an ovil hour volunteered lus
c t,n nn nv n man badly
wounded with a rifle bullet, and sinking
r L Those around him knew it, and witn
last. inuK Uw- rTT.TT J,.,,,.
iUxn OTriTTini IJ1HK til DT1UI"J
would scarcely give Mm a drink of water
, -i .: !!.
bTa Samoan doctor, who, hko Homer's
FTsculapius, was both soldier and surgeon.
This gentleman was dressed TJ5"?1?,
rr .i l.;. nnd. ina body being
well oiled, to prevent an enemy catching
weu '"fVV :v , i,Hi.r to strike
lioid OI mm, wimc, "- . , Wn,t
ror. one side oi nis iBty n .
"I., i, j nr.Aar ovnrv tree sat
andtlie oincrrBu. u -- - - ,
of armed men, begnmed dust
f?a W and .d Uns
scene oi carnuo """ i-- .. .
., j i. .u fm olmmnooinc (W'"
Szi? itT5 . nm'nrs. and chewing tho
frairrant toafor those who were athirst
Th5 arroearance of tho men as they lay
on tho ground was picturesque enougu
Some of them had bound their brows with
, n IwJoaTcprn clothed With
HrSSS "In HC:, Others had
i j ii.:. ir ,n piftboratQ style,
UXliSbUU UlUll iwS v- ,-,-
.i nn tiin acn TnitTiii ne.
or uiuu, "a .u v--- o ...
kcts, nnes, Bpea, a""rr"
l.Hnr - nhntltltl all directions, together
S.mmt nt a fiChtlOUS TalUe, OUt WniCU 'J"b ," J :i1 As
neTcrtheless remained there,, and formed jgU. m tt7irlm7a they sang pieans
a TcryconTemcnt current coin. of victory, and waxea Tery brave T OTer
Tho first white man who ever sot eyes
oi me aeed u lost tbe payment of .$02,01002
ia the balance appearing iu favor of Messrs
Hackfeld & Co, but said account current and
the payment of said last named sum on account
Hereof "are not to bo taken as final," and
any disputes arising &c are to be referred to
arbitration. No question is here made of the
rirjbt of the plaintiff to sue at law to recover
these sums an default of submiltinr tho matter
Tbe previous agreement of 101b January
Hornur and MacSe in which ,11. Hackfeld
& Co join, is not so specific. It would,
doubtless, when considered alone, not bear
the interpretation that liabilities of tho
Sugar Co, incurred prior to 1st July
1683 wero to ba borne by H. Hackfeld & Co:
for tbe payment of $02,940.02 ia subject only
to correction by adding-drafts dated from and
after 1st July 1883, to tbe amount or $1600,
or thereaboati and br deducting the nroceedi
of ome 1063 bags of auean about $0000.
Tho views of the individual members of the
firm of if . Hackfeld & Co who testified as to
their nndentandimr of the final arrwtnent
respond well with tbe language used in this
agreoaseut of Jannary 10. But it txaa onlv
aasHrreement to sell and was snecell !t
lihe fenusl kstroment of sal of Jannary 15.
This was their final act and must determine
the rights of the parties. The language of the
deed is plain and unequivocal ancf freo from
ambiguity and must bo interpreted by the
Court according to its own term), having no
reference to tho parti evidence which Was offered
showing a different understanding by
some of the parties.
Tho release, executed contemporaneously
excepts from its own operation, "such matters
pertaining to the book debt due from the
Scgax Co, to H. Hackfeld & Co, from
and after tho 1st day of July 18S3, aud such
awards as Way hereafter be made between
H. Hackfeld & Co and Macfie in conformity
with tho contract of sale bf January 15. Thus
the right which Macfio reserved to himself in
the deed bf January 15 to recover sums paid
by him iri the settlement, being indebtcdess
of the Kilaaea Sugar Co, existing prior to
July 1 41 1883 was excepted in the release
and ho lias not. acquitted it to the
Having no doubt as to Iho principles of law
iuvolved, I think judgment must be entered
for plaintiff for the sum declared on as set futth
in the bill -of "particular a farm aud including
the item "Kcaka 61 10.50" in all amounting
Uf the remaining itcnn, I diaalluw "Error
on Invoice Dec $75." as being no error; also
item paid CecillJrown $75 of which there is
no pnx fralso order No. 119 paid by O. W.
Macfarlane &Co. for1 $10 and not recoverable
in an action (be money had and received
by these defendants.
Interest is allowed at 0 per ccnl. per annum
on all items from time of payment of each to
August 1st, 1833; and aer this to the lOlh
January 1831 at 8 per cen, per annum, this
being the interest whicli was charged to and
paid by tho plaintiff in his settlement; and ulso
iuterest on the wholo sum recovered at 0 per
ccnl. per annum from tho dale of demand
which is July 31, 1831.
The bill of particulars also claims items
amounting to SI00, being fees paid to counsel
by II. Hackfeld & Co. subsequent to 1st July
1833 aud claimed by plaintiff as being improperly
chargeable tn lLo Kilauca Sugar Co.
The case was a bill in equity by R. A. Macfie
Jr. vs. Horner and the Kilanea Sncar Po ti
object being to compel Horner as tho holderl
their exploits. Tho whole sccno was ono
of intenso cxcitcmuui. """
tain phases of South Sea Island life, the
romaico and poetry of which havo been
absurdly exaggerated. by mlm ose
knowledge of a group is conhncd to a run
......irr.iT mintr:TA TCJ THE
I VOLCANO V RETUU.V. can now 1k liaj at th
" .G. "' "
llnnnlnln nrr time table of tLe
i.nded at lhiiialaa, thtntc bj lUliroaa 10 i
ShirVll" f e? and Ualdei will be In aucndance
Ji!..i. TnariataeanmaLetlie round tilp la
Inter-Island S. N. Co., Honolulu,
Uf io .r.iuiw""t ""
Route and Time Table.
--- ... ... t .. llriAnlian 1
Tbe.Kln.u LLTOUUI. at non -.. ".--. j
liotcnmp iwr ii" i
KIna will noi Ukc hetfy freiciil x
. BT,T: i i.hr and nactvazc only. All
bt.T''"f.fS.he abo're pVrt b. laknV tf
Lcbnaand Kilauca lion.
Honolulu every Monday at 4 P. .St. for Jtou.
..ri Vi r w.Wiil. Keanae every ntber week; llnclo.
HW... ..-- . .,.."! III .tn
iviliwiop at the
liana. Klpahula and na
"tore porta arrlrtn j back Saturdy mornlns.
For malls and pasicnKcra only.
back each Saturday
STMR. KILAUEA HOU,
Will learo Honolulu once rjchVcek fi.r lime ports
as the Lchaa .
t ... Honolulu each Wednesday, lor Kaunakakal,
vPm'alM .rSkSo, Jloanul. Hala, Vallan. Pelrtaao
and Kalaupapa, returning cacu iionuay evcnin:
ea-The Company will not be w ponslble lor any
frelcht or packaje. unless receipted (or, nor lor
plainly marked. Sot responsible
fS"money or Jewelry nnlas placed In chaw ot the
Stock hit th.
"mPa"""' ""'Tam-l rresldent.
S D ROSE, Secretary
OFFIf E-Comer Fort and (Jaeen Streets
Tneaday, Jannarj J)
FOR THE COMPLEXION I
and had pain.ted their faces . - redjOr mac, i'ny derfu.in iu rgti tn.i
I '"'" "" V li. BOWMAN
STEAM NAVIGATION CO.
Sunday. Kebrnarj 8
Tnnrsday, February 1
Saturday, February M
Tueiday. Mirth 1U
tfrlday, March 20
Sunday, March 23 ... .......
Oat land, Cal.
Wednesday, January II .
Saturday. Januiry ....
Wednesday, February 4 ..
Wedneaday, February 23 .
ay. March is
, March S3....
; at 5pm
Leaves citry TUESDAY. at 3 P m., for MawlltwIlL
KnioaKieeirand Walmea. Retornlnif leate.
eterr SATUKDAY evening; arrltlns back every
K KKLllAJ. VUUIUIIUUtt,
KINC. Commanaer. . ,, ,. ,. ii0no.i
-..,., i . iinnnlnlo each Tuesday at 4 1" M.. lor La- and raauhau, on
Hruui.ii --- 'inesuy,auiij ..Jlim
""." r,vrMiir.lilIi,nnVaIaanil Tneiday.iiarca i .,4nm
Arming at lionoiuiu on
...at S am
Stmr. C. R. BISHOP,
Leave. Honolulu every S ATUKDA1 !.?n '" " !""J
n..iei. Kllanea and Hanamaala.
HOLLISTER & Co. J
icf, Seditiously Executed at the OaacUe 0!Bc.
wis WWapie Kailway 'Kails,
10 Ibt. per jtrd; and SUlncfa oi wlih
carves, ttOMlngf ,
AND 10 UGHT SUGAR CANE WAGONS
ron. x'"n n Bjvnrrd.
Railway Is soluble for Animal Power.
ALSO FOR SALE
Straight Steel Balls, If lbs. to the jard
For John Fowler A Co.'.
ihd fmlre, the be: to refer to
i.t). , Spreckels. Esqof Spreckeltfllle, ae a line Is
now In lull operauoa. r
For f artfaerpartlcnlars, apply to
W. L. OREfiilor
, O W. MACrARLSE C
1018 Arentlfor J.hn Fowler Co
SOUTH KONA, HAWAII.
T1IK BEGS to
Inform the Public that his well-known House. .11-H?
fi JiV?1 " ,ro.m lk'akekna Bay, at aa eleraUoa
of T.HO Jeet, 1. ataln ready to reeelre visitors.
Horses iwlll be readrat th. landiazfor those who
Board S4.7 'VT'oels..
Jt0,8n A. A. TQDB.
HanalcrevcTT Wednesday ata p. m.,ioucnin s ..
every Thursday mornlnir, back th. same
Stmr. JAS. MAKEE,
Leaves Honolulu rveryFIUDAY.aU a.m., lor
and Kipaa. Kapaa every Monday
at 4 p.m., louchlnjat Walalua every Tuesday
back lb. same day
ear OFFICE of th. Company, loot ol KllaueaStreet
near the I" M S 8 Wharf. ,-.-
Heads of Families!
PLEASE BEAB. IN MIND
That we keep on hand a full Slock of
FIRE WOOD, CHARCOAL
Tnv i. (m'i
JJZW JUUSiJlU ?!
JPrlvntb niAMinuui -
STJO Ouw fimW'W. ftit . k 1
Of the Lest quality, ihlca w offer for sale at
Wholesale and Retail.
Onlers respectfully solicited.
S. F. GRAHAM CO
Telephone no. 197.
o.83 Klos titreet.
Fowler's Patent Tramway,
ti pound Ralls, tl pound Ralls,
, ,. .m
uufgf witliPateni; xeei Dieepuxa
BF FOR SALE BT
,, ntivnfrii ft. ri
v. lia IT fc a wt
ly done atth. duett. Oflee.
' naactil by Qna2fd PnnlcUntaoil
t pJ?IiUl.t la tlw WtM SUtes
f wnase tuayuun kimmn. ! nath4 mt
':ainniurfi.i.. i. J y-.- ih.ww
WtfWftf.lBSWJP rTTXUT Ml
r tho niuui. l,ir . J'Ji'Ty ureVMOOTO 1
cold r. nwriil.r ortilitliT." 'I
Ta "- rsfufinuriiin n.Linr . Jr
leal ftkllTuid rxtrfa.rrmit7rJXiu mZZz5JE352:i
crtUoanitcrtr7wbs?rBbycxpnnftvfsn a who rlTM NerntiM xti
cijasodtifmsrs rntuutu rrrt fc"jnj phyriebu tttromibout I
wra wMiuui Kuuqwn tun ucuuvuuj irwiarcug numiuir
ODlnlCMI OX slOtrrmt iMMftaafm.
- --.. -
n t .. .... i
Mivmiriiij rwnuu CD UOli vun nusUi JHTV HfilU IS Qo I
TTiitvwrrTarpcwiT9oiXiiM. rrmaJn J
i tirairu. j nsr. bvu. inr rii. arrpn in Torrri - r
wi..inHriauiuunh jixnusi xmuri
v.H.io'ir.MrioseTRiBun: tmay9 f
TJ iiiSjamraurnniTTTrf i , a rf y f ITfc ilTB
"" tgnjWTTHSirTiwurwa tog miRlr trWJ UXO 1
. iuiuimn uiwjriwm )Div aUKt JlSttXCS M J
I auwwu tw .KMiut IHIU XiapiNOCSV
L JtraW,fcnafM ttusfiaVwiat
Leaven Honolulu for Maalaeu, Koua
and Kail) on
Tnedajf. Jannary 11
Frlilir. Jannary ZS
nfnn.liv. WhnurT J..... ...... .......
Wedne.dar. I'ebroary It
Mondiy, rebrnarr 21
Toejdaj, March 3
Krldaj, Hatch 13
Mondajr, March 23
Arriving at Honolulu on
sat -. - - : T " r -. -. - . vn ..
Vrtrrral ifcffttrtBl ljBffa frmm tA Sa Tb M j J
UE&IQ DMPmttiv . m. . A
9JBfBatt Hosiery Sale on. Record
AT THE POPULAR MILLINERY HOUSE OF N. S. SACHS.
1M -FORT STREET, -"HONOLULU.
BIGGEST BARGAINS EVER
li . r
Full Regular Made Hose, All Sizes
X&R frlor and hoirahtedd toJjE 60 mid 7o Heats;
-will offer the EntinTLtft "utlli'e tiuif6ni lriee "tf f " '
ALSO-A SPE'ciALfvLOT 'OF F
- i a
jgjdijesstrav Hats at $1.00
Ot. jffeL " v3rtfeBftl
PACIFIC HARDWARE CO.
rr ...j ,. DjILi Ln liCo jndamac) Noll)
TORT STREET, HONOLULU,
Have Jnst Received an Invoice of
"Blabs & Bowls
toy Xiato 1
Breaking, JSvavovr and Idgnt Steel Plows,
Agents for California Wind Mills and Pumps
htiT.mi.i: 101: stiii ic jia.,'hi.s
AGRICULTURAL IMPLEMENTS OF ALL KINDS,
Cutlery, Lamps, Chandeliers, Lanterns,
HOUSE FURNISHING GOODS, KEROSENE OIL,
iJpJcfetb 'Cylinder. pups, Atbany Cylinder Oll.land Compound
Lubricating Oils of all Kinds.
W Correspondence from the country will receive careful attention.
fiIFlA RiCE MILLS
Snpremedanrt of th. Stmllu Islanrla
- all sizes;
ay. Contest, Grand 1'rlze.
f t Army cfhaxter, Bock,
i jtila. IaobiIxt Stovea.
1 Ware, Jilt kel Hated and Plain ,
sizes," and laid on at
tMiead Soil Pipe,
Goods, all kinds;
" Ph&S 5mu Shtet Laid,
,t iijim akiiinujij
tfc 59 Nnuanu St.
Liftifv -"? &a8i jrSjeaiL Aj.." Mh&afcaapjj tU .j
HOLLTSTUK & VO
Have Just Received the largest
Lot of perfumery
EVER 13IP0IITED INTO THIS KINGDOM, COJll'IilSIhU
Over Fifty Different Odors of tne Celebrated
Fancy BoxesrBotfcles, &c.
Hbllisteii:' &6 Ob.?
Agent for Hawaiian ttlma oiaa.
58 JTuuaira St, Cor. and Fort aitd Merchant St