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3(ew ftis fey Iiate Arrivals
FROM BAK FRAN CISCO.
NEW YORK & ENGLAND.
Received by Castle & Cooke
Um. TO ARRIVE BT VESSELS DUE TTtOX ABOVE PORTS. AXD
T : !- AT liOWBST 15 ATI.S
rPBWUS.rtH Wiw and-with
t lirfcsvrv Attration i- fIM t Our
I m i vecl Paris PL O
Made Minee Meat
A IEV DEP AJITURE
MHOT f tmik"
JKM fflfcC SrW
- F TES l
1" i.A !J rt ,
FtMNi &r Fowls. Eta
to irr - Qta.
! . i III
,.-! X.AP ' .ati vnsa ao i,axaairii
' ii inx ? t i,tt Urv a t.V,a 1mxPSw
' , r a4 , ,ir, u faaM'liam.u. I Saad a. Scjrik
.", . i,ft a AiJwf IMilSf r4Mkvfla4hl WtnirnllUin.
S - iibScTll. s V !.lV"lt Ox Tofcre.
2 i ear- - IHma rtn. I'- ael .
' , , i-n! , 1 . Moe M tj tudr 3rati Fmt Ci
- UV CELEBRATED SAWS AXD nLBS. ALL SIZES;
, "ik IliMEni for I r;H,ln BfcKkaBlta A HarFveliom
! -,, HwurflaVSW "Si.1. l Is Ctiae lien Hur ho
Improvefflasafcs in Shelf Hardware
LmIum IhhtaLLi l; 4 1 L-l, Xie. Aii Plw U Oil
mmk, . ln(ritoraaTitna Ff yhi'i Patent CiHfac,a
.jPJL.ES 33 3FL"3T CS; O O X5 S
- jut Ji lf' A A
E s4 ei a VtwWrtpfl KwU WatwT.
m4 Bita lJr rfwir SN '" " .BiwwMinHrui
j AS J-i" ! "
i UlE GRCERIFS, (Ik-n Gate, Star & Superfine Flour
.r IV iani soil Byf'tnt.!" lmc
i Oil We tMfer THE PALACE, and Guarante
:bu,for quality or price: also, THE
a jtrood oil and above test:
WOGOWftRD BROWN'S CELEBRATED PIANOS
tit I o. Parlor Orsan
W. Dukes fc Son,
FOR PIPES AND CIGARETTES
Vani a Chocolate Creams,
." :I,S. great varietjr ;
r F .Jit Bon Eons
MI&L PIES always fresh
Sectal Notice, ; gfig & (jq
A KSV FACTOBY & BAEXRT
Till I I1U.IIH IM.
WMch will be Sold at
LOW RATES !
IMS U TE1 H t'!T' !ITENTN.iil.li
LARD, in 5 & 1 lb. PAILS
1 bAItKIIA. AND CASES
Tap and Pitcli,
In Casks for Family Use.
uwRrrn m.eh -.
Fairbanks Platform Scales,
ASi.4lS, 10.17,18 ft
A Choice Selection of
iSew Sita ot Odrriages,
I'JxprcM Vjirons J
EASTERN MADE OX CARTS
as x m
C. BRLWER A COMPANY
MMSQft. SMITH & Go.
113 and 115 Fort Street,
Dpgtltlle.77Kiiit, Hotneeopathic Medicines,
HAT AKD GRAIN
1 Ji . lnCV I
Picpnetort and JCnu&ctnrn
LEI ALOHA BGQUET.
WEDNESDAY, APBIL 8 IS55
5njrme Cimrt oTtk. HvlUn
M. S. eniSBxcit asp M. Lonssos,
THsriRM or N.S. GnissArM &
CM. Cooke, n. McrARt.:
& Oo a- Alkiaskkb Kksskdt.
Hffrn ClMnnlhr J-M. Vf-i-.
(I) The lill Mb fertb tlit tbo plaintiffs on
tbe 16lk ABjnst lfS3, took nrtract from
ai'mo UWIJ under tJio liw
rf OaliforeU, uiea all tue prop
: L ITMm Plantation.
"" "" ""
. ."".T;. : .L- .V
rtparmtnl in in"
more hart bc adraoctd br p'
on tbe pt6lltic; (2) that '
isttnot (160,) doe on the-I:1
la not been naid: (3) th
parportcd te bo anbject to the
mortgagtf, (first) frura J.
Alexander Kennedy to H. I
dated Sept. 3 157 J, and now
atMgBmesU held by C. ir. Co
(ftcood) from J.ilcKeagne
Kenned r to II. Maciarline &
dated jb i lil (tWrd)
J. McKeague to Alexander )
Sept.:i 15SI; (4) that plaint!
and belkre that tbe last mort,
was coUasi re and fraud nlent,
date of the execatien of tbo I
MacfarUne & Cc,
partner and plaintiffi t
iftberelns eTerbcen a Irs
aaid partaerabip; tbat Kenn
of abode in this island wa. at
S. JL IVaaec is bis attorney i
(6) Tbat said mortgage froi
Kecnedjr to 11. Macfarlane &
secure the debt doe to II. 1
and for moseys advanced by
the said mortgage was, anion
upon tbe lease of the Abnpu:
C. R. Ksbop and wife to Job
by a snbecqaent agreement
156, extended for tbe perioi
drrnoal to October 1 1S91.'
date of tbe wortgage to II. I
and before the date of
lease aforesaid was oa:
knowledge and consent of
Co, by a i ritteu agreemenl
I 1553 and recorded; tbat a
Abapeaa of lleeia wasexeci
IlaMatioo Cssapany dated
for tbe term of 22 years om
1 18t2, and tbat thereby 1L
lost the secarity of said leal
1 Tbe bill prays, for an r
due plaiotiSf, principal and
2 That in default of pa
Snga. Plantation Company
of tbeir eqnity of
3. That all said rnortgag
sbnlled in the order of the.
accoont taken of what is du
1. Tbattbe mortgage to
decreed to be frasdnleni at
5. That said II. Maefar
lien or secarity npoa tb
Ahopoaa of lleeia.
6. Tbat said mortgage
Co, is a valid security ool
money s advanced by II. A'
said John McKeague and t
T. And for process and
Tbe bill is dated Jaly 3
July, John McKeagae br
Lloyd was mail a part
action, on the grimed tbat
Court in a former case M
to a certain oqoity in tbe
1 be defeadaBt C. .!. Cc
order of the Court as may
Tbe defendant Keseed.
solved his copartaersbip
tbe tine of bis sate to bit
the plantation for Sui,
mortgage in qooelne wai
Irt of tbe purchase toon
tended as a fraud upon
lieeta Sagar HaBUtkm I
tbe premise from McKea
ledge of rwpondeBl's taot
payment of same and tlta
knowledge ot said mori
a y advances and took th
to respondent's mongagt
made payment of one a
by said noclgage aBd as
are either denied or tte
knowledge of thorn.
(jeorge W. Macfarlaoe
farUne aftheSm of G
make answer and eyj
pleaded as H. Macfathu
ignorant of tbe Battels
and 2d allegations of ft
mortgage made by He
to H. Mactariana wasli
W Macfarlane & Co, &
got: A. 9. 1651: tlu
by tbem, to eecore nm
given, were made to oil
ot Kc&eaga and Kemp
were to made until Keo
and thereafter H. Jta
make advances to XcK
agent until 1st Aogst
lane transferred tbe i
mortgage to G. W. Ux
firm H. Macfariano wa
thai ti. W. liacfarlat
advance money under
Keague to carry on U
30th June I6S2, on '
owed them $44,666!
secured by the said roc
and owing with interns'
12, the plantation r
paiiy, a new accoont J
o carry un the piantatl
ben it amounted h
-a c tlie amoant m
niurtgae and that tt
fer of the agency ttttt
Uiat their said mortga
ment of a lease by C.
McKeagae and tksjt t
now lease to
they dear UpLl
has ever boon nsVcstl
tbat the HeehvSaCar
or anthority to' Matte
Tbe first rjpiilfftsjm
n.otigge daaist Mr
& Cv, covaca ami it
and bcr ImrtMlat av
truing smt ilwllaalw
and 2y. extended to
uf Heeia for a term t
1st October 1881. This lease'
n terms expire ontil October 1'
farlanes mortgage recites (his lease in the
schedule of property mortgaged. Bat after
me neeta aagar rianiauoB uompaoy ot
bad purchased the plantation from
McKeague, a new lease was obtained by it for
twenty-two years from the 1st October 1882
at aii increased rental. This lease is dated
tbe .".'tli January 1883.
It naa admitted by counsel for respondents
I hi; litis new lease is not within tbe
umngage. But is contended I ha: as
Ma' f rtane paid the increase rent under the
re lease, sad as the cancellation of tbe lease
covered by his mortgage is on record, he was
by tbe notice Urns acquired and it
.tnuiiiia to a consent and ratification of tbe
The evidence shows tbat
Macdriane did not know of the cancellation
f the old lease or the making of the new
lease at tbe lime tbey were executed, but
beard of tbem afterwards I think that
payment of rant on tbe new lease is
not to be taken as a consent that be should
km: bis secarity on the old lease. He oaid
this rent as agent of tbe plantation and as one
ot its ordinary duberseiDeina, not as mortga
gee tit poaaessioa. Tbe title ot ut lessee
in l.itu b war .1 netrtrare and he did not
tgn tbe agreement of cancellation which
w. Hid be necessary to divest turn of tale. In
the decree of foreclosure the Macfarlane mortgage
u to be beid to cover the old lease of
186$ and its renewal of the 1st October 18(9,
but not (he new lease of January 19, 1633.
Tbe next point and one of more difficulty is
tbe advances mads by H. MacfarUne
& C- lu John McKeacae after Kennedy sold
oat or to the Heeia Sagsr Plantation Cotnpany
after their pnrcbase from McKeague as well
as advances made by G. W. Macfarlane & Co.,
rabsequeot to toe transfer of the agency to
tbat arm, are covered by tbe mortgage to H.
Macfarlane & Co.
H. Macfarlane testifies tbat the account and
agency f the plantation was on August 1,
161, transferred to G. W. Macfarlane & Co,
of which firm be became a member July 1,
1861: als that, though the date of tbe
neut of l lie mortgage appears to be "1st day of
August I Ml, it was in fact execute"! on tbe
Slitday of July 1881 sod lb date is the list
strumeiit was changed to "1st day of August
ls81." Tbu abio appears by an inspection
of tbe instrument. It was recorded after this
sail vu begun.
Xo qoettion is nude as to the assignability
of tbe Mactariane uxmract. It runs in tbe
I babendom dame to Use mortgagee H.
late an: ,: twsinea aa H. wactarlsne & to-,
t i ( it cut"-. aiJnuTtistrators aod
liwwfc!fe3esr'rapjj; r W
..iJEy 'UTinwi pfirflfrn ir yy" - TJJ"
jyrM b ?)
the mJrtgage to Mctrn, Grinbaum & Co. the
This Tiew it further sustained by an
20th August 16S3 between Henry
Macfarlane K Co. and tbe lieeta aianll0u
Sugar Company, by which Macfar!anoIeas
the coopanT as granteo of the mortgagor
He Keague' from certain obligations in th
mortgage xs to consigning tbe spgars to bim
atd waives the breaches of condition thereby;
extends the time of payment of tbe mortgage
to 20th Anpt 1SSI, and covenants tbat no
demand shall be made until that day; that
previous breaches of covenant arid condition
are waived; that the company agvecu i i..
the amount of tbe mortgagee debt fixed at
$10,000 in one year from date. This
ment is eigned.aaJ. acknowledged by Henry
THE SECEETAET Or STATE.
Thomas .Francis Bavnrd vras bom at
be always excelled in his studies, although
ho was anxious in early youth to become
one of America's merchant nrinros. .inl
was inclined to throw overboard all the
possibilities of political greatness which
were incident to his position as member
ui mo ruung couso 01 Itelaware. His
early education was obtained principally
at the "Flushing" school at Amington.
He was persuaded to give up his mercantile
ambition and to study for tho legal
profession. He was admitted to the bar
in aojI ana liatt soon built up an excellent
exienmng over Uie entire State,
n 1853, he was appointed br, tho President
as United fatates District Attorney,
but soon afterward abandoned tho office.
It -was in March, 1SC9, that he was chosen
to succeed his father as United States
Senator. He was a sterling adherent to
the doctrines of the Democratic rwrtv nn.1
camo in a short time to be regarded as ono
of their ablest exponents in the Upper
House. Through the framing of all tho
later reconstruction legislation he stood as
the representative of the largo part of the
Northern people that believed in dealing
equitably by the Southern States, and ah
though in the minority he made himself
felt in the advocacy of their cause. Ho
... hi xou, anu uecamo a
member of the Electoral Commission, voting
with his Democratic colleagues against
the seating of Rutherford B. Hayes in the
presidential chair, and was again elected
to the Senate in 1SS1; his term consequently
would not have expired for two
years yet Mr. Bayard is the fourth of his
family who haTe sored in tho Senate
His grandfather, James Ashton, was elected
to the Senate from Delaware in 1S0I
ami serveu mi lois, wlien l'resident Madi
son appointed him ono of the commission
ers to negotiate tiie treaty of Ghent His
lucnaru JU. .Bayard, vas elected to
the Senate from Delaware in 1S3C and
egam in ion. xlis lather, James A.
served in the Senate from lSol to 1SG9.
Perhaps no one family, not excepting
the Lamars, of Mississippi or tho Hamptons,
of South Carolina, can boast of a
lino of distinguished members of
the United States Senate and of tho Lower
House of Congress than tho Bayard's of
Delaware. Their influence in their own
colony and State may be said to have been
the oontrllinr ono tbrnrmli nil !, o:i;
cal changes and vicissitudes of more than
two centuries, and Bayards have nearly
always represented the State at Washington.
THE SECBETAEr OF THE TEEASTJE1".
Daniel Manning is in the prime of life
about forty-seven years of age, bavin"
been born in Albany. X. 1 Aug. 1G, 1831.
iiis parents were in a very humble condition
of life. At an early age he entered
the printing office of the Albanv Arpu.
and in due time rose to be a compositor in
the o&oe of that influential journal. At
that time William Cassidy was its editor.
a man of great ability, who made the
paper. Always on the lookout for youn"
Tnonnf annM.1. I
- y turaj; uu asfisi mm in me conauet
of his journal. Cassidy took particular
notice of Manning, who was a hero and
teror to some of the leading roughs in
Albany. Moreover, he was bright as will
as courageous and energetic; and when
he was about twenty, Cassidy gave him a
position as reporter on the staff of the
Jryw. As such his first assignments were
m the chamber of the New York Assembly.
liMIMflM P.U... 1..... 1 i .. J.
""Cj w" ueumie Known to tiie political
leaders of the House, and it was not
jous ueiore ne evidenced high ability in
tie field of politics. He rose in business
step by step, and became president of the
Argus Company, Albany, and the
of the utterances- He was a
member of the Democratic State Convention
of 1S74 that nominated Samuel J
widen for Governor and was a delegate
to the st Louis Convention of 1576 that
nouunaiea air. illden for President. He
" own a memoer of tise Democratic
btate Committee since 1876; was its secretary
in 1879 and 1SS0. and was elected
chairman in lSffl. which place he now fills.
lie was warmly interested in the
of Mr. Cleveland for President at
Chicago last July, and it is generally con
ceded that he showed great skill in the
convention as the head of the New York
delegation. Mr. Manning has been active'
BuuMiGcessmi outsiaeol journalism and
gi ncs He has long been a director of
oiuiuiy ana ousquenanna Railway
txanpany and is president of the National
CanroMtaal Bant of Albany, of which he
toj first director and then vice president
.tie is also park commissioner of AHwny
mdM director of the Albany Electm
Iximpany. His Tiews on the tariff
tho pUinttfTwas In a comlilion of menial incapacity
for the transaction of important business,
and did not know or comprehend tho
nature and effect or bis act in making tho
mortgage and notes, and that tbe consideration
for the Mortgage was grossly disproportion
to tho Value of tho property, and that tho
plaintiff was induced to mike tbo mortgage by
the saggesliQn, contrivance and undno influence
of defendant, and by an unfair and dishonest
adrantigo of the plaintiQ's mental incapacity,
who well knew tho circumstancs,
and tbat me total liabilities assumed by the
plaintiff was then over 50,000, atd which he
was utterly unable to pay. The plaintifTofTers
to reconvey the said ono fourth of the
tion to thedefendsnt on bis repaying plaintiff
IliVVVl MUmc.C9fc V.TIICU 1Y illUl ITOH1 mo
rot mbaiaiaajilain tiff 1ii .share of
aro said to bosimilar to those of Mr. Ran.
nea ana courteous, scrupulously well-dressed
and yveU kept ho figures
successfully in pnbJic, his strength is less
uu wiawi uiuu ia counsel.
SECRETanV Of TBE ESTEB10R.
J. 0. C. Lamar tvn linm n.-.i r
Putnam county, Georcia. Sent 17
Having completed preparatory studies at
Oxforo; he entered limory College, as a
stni?nb Sndaaled in 1815. He then
stuoied law two years and was admitted
tothebar. InlSt'JImnn. ,
3n?;; -i.-" I..:.. -,":"" "-V"?
n'l.uniuu, ikvu cnosen aajnnct
professor of maUiematics at tho Stato
Dr. Bledsoe to edit tho SouOtra Jlniea. Ho
nuuscueuuy reiurneato Ueorgia, making
his readenco at Covington, and resumed1
the practice of the law. Having spent
tour years mthis way, in 1851 ho returned
tO JtlsSlSSlDni. tn il.. i:
1, !..! .":, ". 'V '"" """
"c f " ono term in tho Ueorgia
Legislature, the beginning of his success
Jul career as stitpsmnn Ho ,,- i.i.j
to Congress, also to tho
; out resigned Ins seat when
Mississippi left the TJnion, and took a
glace in the Secession ConvenUon of that
State. Mr. Lamar entered tho Confederate
army as a lieutenant colonel of infantry
and wnx nmmnlo.1 in !. f.,1 1
which rank ho held until 1SC3, when he
was sent to Russia by tho Confederato
government, charged with an important
diplomatic mission. . Upon tho close . of
TMA WY"5a rt i T t
w iisij. sja, ajiu Ikisiwillinn HO nnnnitrA) I.
Tiritfiwnivrn f tr? i
rwami, oi iMimcai economy and so
cial science at tho State University of
Mississippi, but was transferred to tho
professorship of law at tho same institu
tiou. AVhilo holding tho latter position
be was chosen a representative to tho
and Forty-fourth Congresses,
and then elected to tho Senate to succeed
"MJraicorn, wuo retired Mnrch 3rd
it4.V, He was reelected to tho Senatoin
XOO IOr Uie SIX Venrs' form nn,lmn
3rd 1SSD. 3Ir. Lamar is in
learning, thorough in his treatment of
pnbhc questions and lirrmil nn.t ..-. ..
in Ins vidws on sectional differences. His
attainments aro riivprsifiol i.,- ,
henstre acquaintance with tho works of
the great masters in literature. In per
sonal appearance, Senator Lamar is tha
siuueni. jus snoulders stoop forwanl,
and his countenance betokens tho habit
of abstraction. He is large and sturdy of
v, uiii uis utau, noiwiiustanaing tins
seems to be too large for his body. Advancing
age has streaked his abundant
hair with silver.
SECEETAET OF THE AW.
William C. Whitney is a native of Conway.
Mass, and was born in 1830. His
father. Gen. James S. Whitney, who had
been collector of tho port of Boston, a
"5pte to the Charleston Convention of
1600, and prominent among the great
Democrats of that Stata. was ririi .
one of the leaders of the party. The latter
diedmlSiS during the exciting contest
against uenjamin ' . Uutler. After being
graduated from Williston Seminary at
TTf ' uniiney entered!
ale College m 185U. With Wil
ham G. Summer, the well-known writer
and teacher upon political economy, who
-. ia.ic, jit. iinuney tuvidetl
the nrst prize for Englbh essays. He
was chosen to deliver the oration of his
class on graduation. Entering the Harvard
Law School, he was graduated in
lboo, and continued his studies in this
wy iui .mjrouain 11. xjawrence. now one
of the judges of the Supreme Court. Oa
his admission to the bar he began the
practice of his profession, which he has
since followed. In 1871 tfr W,;
took a foremost part in the organization
J1? JonD2 3Ien's Democratic Club,
which did so much to purify elections and
bring out the honest vote.
Mr. Whitney served 33 an inspector of
schools in 18(2, and the same year was de-
ot tho cnrrwit througU tha strip
not qaly tho nut bnt also ench layer
ot tho iroii coil, which plays tho flonblo
rolo of couunctoraml magncuo EtuxtAnco.
' " I p
Gazette Sapplement A pri 1 8, 1885.
by the score. Hni,i,ii,i:
nail. nmimi, .... r ire 'aj uay n..
tlm position, :' ...,' , "ft!"
which ho was entitled to
pUU.Uuu iur iwo years more.
o ivxui oi snvon
To v. 1 1?
saved large sums of money but instituted
33 t?i i r i?? Protocti0I t tho city's
legal rights which
aro of permanent
tTi "lfiu Jwo ytra lio doubled the
volumo of business disposed of, although
tho expenses were lessened. It is
mat Ms savinp tn H i.
W5frifecon?cl,direcUyamoantl to 2,-
,.w, u,u muuvcuy to mucn more.
SECKETiltV or WA2.
AVilliam Crowningshield Endicott, Mr.
Cleveland's Secretary of -War, was born
m Salem, Mass, m 1827. and is tho son of
InJiT V?" TEndicott and Mary,
dautrhterof Ifnn .Tumi, r. :
Sfe,!SS JkSSS?0 ?- Ho
7',,; -" J "uau scuoois, una was
from Harvard College in tho (3a9$
ofloli. He married his cousin, a ilaugh
ter of George Peabody, and has two child,
rets a son and a ilaughter. Judgo EntU
cott studied at Harvard Law School, and
read law in tho offico of tho lato Nathaniel
Ifo wns mlmllM in n. i 1....1
1850 and n few years later formed n partnership
with tho lato J. "V. Perry and
wuunueu wiui nim until his appointment
by Gov. Washburn to a seat on tho
Supremo Bonph In 1R7 ti.:.. .-i-
holield ttntil 16S2. when" ho resigW Ton
account of his health. InlSSlhoniadoan
extended tour of tho Continent. Ho was a
Sr? ?' m 9 Council in
ISoi, I80J and
1857, when ho was elected
president of that board. Ho was tho city
solicitor ifrom 1858 to 1803. Ho is a mem
ber of tho
Historical Society and of tlm
Boartl of Overseers of Harvanl CoUege.
lIlO now f 11- .- i! .. fi
, : , -- .r ii u isuiureci ties-
irom UOV. .in in hilMt l-l:
UcaUy Mr. Endicott is of Whig antecedents,
Ins affiliation with tho Democratic
party tlatmg from tho Bell Everett
campaign of I860, bnt ho has never been
an active politician. Last fall, it may bo
recalled, ho was flin mmlM,!. 1.:.
party for Governor in tho State, but did
not himself appear in tho canvass. Asa
lawyer and n imlm, "r ivi:hi..iv
high rank, and personally" ho is 'a gentleman
of tho highest character. Ho is a
man approaching W, now in good health,
a genial well balanced gentleman. Ue has
marked abilities, but has moved in a sphere
in Iifo where ho has rarely been called
upon to do his best. Ho is a good lawyer
anil business man. He like Mr. Bayard
had a distinguished father, and his an
cestor a few generations back was the
jjov. Endicott, of Massachusetts, who is
honored and famous in llm nninL i..
nlil mmnrnTurnoTll. rpi. t .
i, ,- TT. , .. .'. iuu preseni utuige
a.uuicu inuenteit irom his father a handsome
fortune- His life has been one in
which there have been few struggles. He
has never had to make the fight for bread
or for position, but has had a smooth well-rounded
W. F. Vilas is forty-four years of age.
He was born at Chelsea, Orange Countv
Vt, July 0, 1810. Whenhewaslleven
years old he went tn Wiennatn 1
few months after, he was entered a pupil
of the preparatory department of the
University of that State. In 1853 he
matriculated m the freshman class of the
lusuiuiion, ana was graduated therein
the public estaliliWh T" has persistently declined
treasury and the ', .
ment of clauWagLetimT nulhnTTf IPS? bntwetto Chicago as a delegate
dollars growing fof UruTtandl QflSg??"" f hl
Them were already 3S0O JL """"J nun with its permanent chairmaiMhin r Tn
too&Bd ianiS a5.OOO.OOO
to 0,OQO,000, and new ones were begin
Dnocrpiea Here easaaatea wmi
be signed 00 presentation, and -a reference is
hereby ordered to a Master to ascertalo the
aatoants doe oa the several mortgages.
A.S. Hartwell and W.B. Austin for plain,
tifb; F. M. Hatch for defendants, Kennedy
and Uacfarlane; W. K. Cattle for Cooke.
Honolulu, March 12, ISSS.
Supremo Coaxt of tho Hawaiian Islands
John McKeaoce, dv his Gcabdiax, T. A
Llotu, vs. Alixasseb Kkxsedy.
Effort tht CkmKeOvr. tptnim.
This is a bill in equity to cancel the mortgage
made to defendant by John VcEeapie.
The essential allegations are thai it snpesrs by
an agreement dated the 11th Jane, 15, that
nlatotisf and defendant were partners awl that
the Heeia Sugar Plantation was owned by
them in equal shares; that defendant was then
owiog p!atnUff$10,0oe, and screed to pay the
same in six months, and in default of suco
payment would assieo to plainUff one fourth
of the plantation and of its profits. That on
the Mil) February, 1879, defendant conveyed
to plaintiff, for the consideration of $15,000
one undivided fourth of the plantation, subject
to plaintiffs assorainz a like share of the debt
on account of the eute, which then amounted
tu over 870,000. Tint 00 1st July, 1861, plaintiff
and defendant made a mortgage to U.
& Co. to secure payment of 520,000
and farther advances ap to $10,000 in all.
Tbat at this last date the partnership of plaintiff
and defendant owed II. Hackfckl & Co., on
account i.f tbe plantation $41,704 70-100, secured
by a mortgage dated 30th September,
le". That 00 24th September, I Sol, the defendant
sold to plaintiff his icottSBSas; undivided
fourth of I be plantation, for $SMQ0, and
plaintiff gave defendant s mortgage of the
plantation to secure payrsent of i54,SOO, m
evidenced by promissory notes as fellows:
$2SM in nine months.
2i00 in twelve months.
5000 in two years.
340,000 in five yssrs thereafter, with interest
ihereon at 0 ner cent oer annam. (This
sun of $34,500 was purchase money, $50,900,
ana rnlsace ot sale of the first on loarto,
45O0.) That on the 30tfa Jane, teg!, plain
tiff sold tbe plantation to the Haeaa Sugar
Plantation Cu., a corporation. That on tbe
2nd February, 1864, plaintiff, byhisgaardian,
brought a bill in equity against the Sugar
Plantation Co and 91. Xeisser, us ..gr; r,
which resulted in a decree annul!, .-tin -mi.
vcyanve to ihe cnrjs.rnuii, .uxi decianng 11
void i!ii the sroiimi nf fraudulent
i j - i nj'ntl it "jfjciti the iIjin:iff
1 1. 1. t 1 ! . -' 0 di t f ihf nt l.
..' J! -- '.lr, 1 1 )
appearance Mr. Vilas is slender and of
medium stature. Mr. Vilas proved an
1 efficient ciairman to the Democratic con-
and the prospects of the sagsr interest very
promising. And we havo the evidence that
about $200,000 was expended on
between April, 1S7S, and Jane, 1881, and uf
this about $100,000 was in a new mill and
other permanent improvements, and that in
those years all bat about $50,000 had been
paid off from tbe crops. Bat it must be borne
in mind that, though tbe mill was new and
good, and tbe crop at tbe time of McKeague's
fall from his horse, was a guod ono (about
500 tons) he neglected cultivation after tbat
and its plantation had run down so Uiat it required
great expenditure to bring it up again
after Captain Ross took ilie management.
I think that Kennedy was insincere when he
told Mr. Cecil Brown that be did not care to
sell to XcKeagne. His answer and deposition
show tbat be was anxious to gel out of a matter
that paid him nothing and burdened him
with liabilities, and I am led by all tbe facts iu
the case, to the conclusion that he took u un
conscionable advantage of an enfeebled intel
lect to secure for himself s mortgage for an
amount grossly disproportionate to tbe value
of the property, taking everything inlo con
That McKeague was greatly influenced in
consenting to this bargain by tbe contemporaneous,
alluring and fraudulent representations
of Xeisser I cannot doubt. Of these ncgotiu'
tions Kennedy bad rotne knowledge, for he
says be told McKeague to nave notniogio 00
with Jews," when McKesgoe tol him be was
going to sell out to a California company for
one million dollars.
In a case decided by me Julr 3, L894 Apihu
rt. Ftftrg, I had occasion to define, the principles
upon which equity will interfere where
great advantage is taken of a weak intellect,
to secure sn nncooscionablo Intgaia with a
grossly disproportioDale consideration. In
such eases imposition or undue influence wilt
be inferred. ,
I Sad sach circumstances in this case and
ass oi the opinion tbat the mortgage under
caosideratioo should be cancelled.
A. 8. Hartwell and W. K. Austin for plaintiff;
F. M. Hatch for defendant.
Honolulu, March 12, 18S5.
A new electro-magnet, claimed to be
considerably more powerful than the ordi
nary fonn. ins lie-D firnlacvlhy Mona. A.
Kicci. of PAlormo .Sicilj .VI tripf
1- ruil'il n 1:. I .' ' ' -' it
irirj. nil-l Tj.-T" rl .1 i !l : ti
Jlffeieiit Jojernof tLc U.J. t .t' ti
One iole of thp battery is with
thpntiL to which the 1 :nlof tb irvn
tl. r - 1 :
t"CtMnitli tb' Tli'' ,, .-
4 n-p and
Straight Steel Kails 1 ( I hi
war and Incoai'iii'"
aowln folltv rail
BT KRINSXEAU SOS
(iorsaKe'a Soap, to qualities, in boxes of 2t Bars
and 60 Ban;
Best "Welsh Steam. Coal
COKE. FLOCKING T1LKS,
tc . ice.. Ac.
Just Arrived !
per "Duke jf JLbcrcorn, form LtTitpotil,
ONE MILE OF
Light hrtubiu Kailway Hails,
10 lb, per 5nX, and JMnch .angr with
AMD I0.LIGHT SUGARCANE WAGONS
iron. a?xxi3 bamh.
Railway ts suitable for Intmal Power.
ALSO POB SALE
to the inrii
JtAn Fiw 1'illn
'-; to retrr V,
, il ; , I',
M KM. I l( 1
I A , r 1 . .'.1
jBajsaj ws&'i. 7' sajsasapw?
MaBBatf ft ? mvaBslsaaaH
FOR THE COMPLEXION I
,1, MOST r KK EtT UEALTinEB KSOWS
It 1 Ps .oil ninnln, U. In ill Apnlleatlun
4 wjsilerfal !n It' EI'c" whll" cioft ncnitioy
fall 10 dlt !! n- I rjun ! b .
i &uWXN ILfim.l
or POIt SALE I.i oiland. Lai
HOLLISTER & Co,
'in i:i V 1' -was IS.
riurr tti !
.f !l- .
t ' UjI! N
n Y -
wealth, drr,,1: consiueraDlo tins offico until December : ia vXZZ nSSL ,"?-
rood vie HaiESLirS. -5 twlC0 lxn reappointed, whon luTT". "S1T. X23 yoiQO wa? clcar .and
wo seconu -i, un
K fc T1"
fcA4t 1U3 Ulaii WHO MA htic nnn enn nn.l
one danghter. He has nevor bol.1 n i.
tiro office, and is supposed to havo no
aspirations in that way. In personal appearance
Manmnr? is tnll .i i 5
some- IT?t: fnwt,nni ; tn i
1- r " .. lulv u eyes aro
exceedingly full and bright
niannnr ?FrnfFr1 a...i
tcsiures empnauc. lie spoko without
notes, and was distincUy neard in orery
jwrtofthehall. His sperih made a good
impression. Subsequently tho woarhiRV
naturo of his duties seemed to tell hardly
upon his strength, but hogaTcsatiffaction J
in tho administration of nn offico nnuirinff
in its incnmlionl imnt .J.,; r
digmHv, firmness and courage, as well as
:r, ., """"" icuuing virtue,
.ohis.iij,rK ir :
I'owlcrs rate Tramway,
IS ponnit Rall I loan d Balls,
WithPatent Slel Sleepers
Wl 1 h told 10 clore a
. untnifl a mt
Augustus H. Garland was Lorn in Tipton
county, Tennessee, Juno 11, 183i
His parents i removed to tho State of
the foUotving year and settled m
the bottom lands of the Red River Valley
At a snitablo ago young Garland was sent
to Balst?wn. Kv-, to bo txlucatcd in what
was tht n tho most famous seat of learning
in tho bonthwest Hii nrn,i.m; ,,.i.v5
were pursued in tho Catholic coUegcs of
St Mary and St Joseph. During to latter
part of his residenco in Banlstown ho
read law, and attended the trial of causes
in tho courtroom t..i n
portnnity. At that time the local bar wis
very strong. Garland profited greaUv by
this practice, as wU t, h .
which ho pursued wth persistent devotioa,
Returnmsr home lm mni:.n.i .1... :.""T'
Of tho law. nnTin
n;, ;; v.:, rLTw v? "i'mi"wt to
practice at ashmgton, Ark. In 185C he
" " 10 A.U110 hock, tno capital of the
State. Ho as ndmittcxl to practice as an
?f .rn??.uln thB SuPrenie Court of the
United States, on Dec. "(J, 1SC0. By that
time ho had attained professional reputation,
and in the same Bell
year was a and
and Everett elector. Ife opposed U
secession of Arkansas as lonif is there wm
"fe1!? .f" 1'Wa solution of
" uon' "owever, war
1 1 1
throw in his lot with his
State, lie was a member of the Provisional
Congress which met at Montgomery,
Ala, m May, 1SC1, and took part
up the Constitution of themfedeSie
States. During the struggle between the
federal and Confederato governments ha
gave his counsel to the Southern cause,
nrst as a Itetiresontativn nn.i -n 13
as Senator. He was serving as a Senator
in ik Congress when tho Confetteracr
In 18G5 Mr. Garland rontd
the Snpreme Court of the United States
to practice therein without taking "the
ironclad oath," at the same time
an argument in support of the petition,
which was a masterpiece of reasoning
lie won his case, which was not decided
until the December term of the Supreme
Count. 1867. While it was rwiKliwr ha
I,rmittl to tW XSil g Eg
was elected Governor of Arkansas. iritK
out opposition. To him vras duethe overthrow
of carpetbag role in that State In
ess than a year after he became Governor
the credit of Arkansas had iniprodK
the value of twenty eeute on the dVillarto
csteil the ability andsuccess of his administration.
His first election as Senator
l.iafo 1 j, 'r"miYay n
. .u, vi ere aitij a 1 JJQC
isss i...K.T.:?::.r"r .'u.acu'nrn.h s iai nr. i; "" ai
- . , aiuB ma academical tutgree I T-C T .. "arianu
ue siuuieu law in Albany, X- Y., and was aCTl " we" "J3 aana . He
graunateti trom the law school of that BS "y t" mcnrabl
ciiy in lew. Alter his atlmission to the
ouiireme ionrt ot ew York he removed
ISf7al1' where, on his birthdBy, July
'J18 male hia first argnment before
the Supreme Court of that State. In
the same year. I860, he became a partner
with Charles T. Wakeley. a latvyer of
good standing. Two yeaas after the partnership
Was Ktrpnctlmno.! W !,. ot
of Eleazer Wakelev. nm, r.r wi.i.
Upon the outbreak of the war Jlr. Yilss
entered the army as captain in the
Twenty third Wisconsin Volunteers, and
luoe 10 00 major and lieutenant colonel.
tie resigned his commission, and resumed
" Prtice of the law Jan. 1. 1861 In
rf y' G' K Byrant ioined him in
yf , a' h"iij aoii nis urother, rj. I.
uu, aisu uccans
n njirinay in IltA c
.Tr ot ScorS, .
the demoralizatiof S?SS. K?SZ I .Y?.. of the revisors of
actively eniraed in fl ,.nV, iiT;. 1 "". qi tno state in I5io, and the
suited in the flection of Governor TBdea T? Z J U8, adopted by the State,
and Mayor Wickham. TOraMr Whit , f WOynffo by him. In 1873 Mr.
ney became thrrnavor JJl ' y-,"!11 $ use of his name as s
counsel he was placed'as barrier jiw ! ZT & " ""IP ? Wis-
inU .. .i .
Mn.i J r r u or
face round, smooth sh ved and annnated
with black and most , pressiTe eyes! Ife
features aro good and ndicate an amiable
disposition. There ;o. moreover, both
strength and digmtj expressed in bis
Muntenance Garlan, knows how to command
and to rebuke mthoroughnewin
work and a want of andor, wnicharc
pecuharly abhorrent f him TT;. i-
ment as a cha: cterized as U bV
vast research, inclnd, also that tsonmrs;
hensiye grasp of le.v: ig principles and
imperial independence) judgment
MB,aar 3rlvnto IlBpormnryi SB
AJfc5a .gy C30 Oxut Stixzt, Rut Jfaurcsco. Ctt.''B 4r TlBL
M mW ConSSctliTQnaairtiTaaanit
ATr Jy rrcalartlnMtaarva, vLsiaaaai
Em3s!Sm 1 otdM SpllliU la On Caftnt SWtra lslMW
ATy . t rAvwbw urx4j)wi axnouKSca, perfset mtac4 ata3"fal
rarKmna,iiiiiranvaDdpKiuirri,rccaior m3 ll
flaw SaT.ic uiojnA. iikla. Jldn.Tkniddas
SaWrja t icrr. ujd worr. wTlrtt of u Mniir jgtM 4'
' - Ili
a a 3 S89IJ
r W-J ML'tp . 'I
i jg 1 iyv j
his -' WT7 S&gU
' t VSt... fmiattPn'iMtPiMSJW
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' -' Jpj
l OF N. S.
ijOLULU, H. I
nH ATenuwtif mart!' to WMiciUn
(am. unriTj Ul The- jliM t tUec
inlill. tu ij;bia 111 III theFaaTM", Whicb
' ji l iniprotvaicul Iks rroprlvii
ling & Cleaning of Patty.
iabllltT u Weevil.
'tttiMmm fr .11
111 Lf III tll
lh .iw:r 1 ar.ii
ISrUcr SIiUm 1L .li-
r l.Unili tuti'il lurt cu
aad Proswitr of iSM
M1ULS, Saa Frajaeiac. Cat.
.un I 7") 1 fiit.o
I tiiutorii prift tt
TO VES A2TX) TIAKGES
Cnele Sam, Medallion, Richmond. Tip Tup, i'alnce, Flora, May, Urand I'rtot,
New Knral, Opu. Derby. Wren. Uolly, Oypaj, Qoeen, Paiuev.ik Array BaaKta,MaaOa( I..i ' .
Soperior, Maitnet, Oaeeula. Almeda Bclipse. Charter Uak. Nimble, lnwood ami lmodry Pum
Oslvaaized Iron and Copper Boiler, tor Banges, GranJta Iran Ware, Niekel listed sail I'l .111
Galvanizeif Iron Water Pipe, all friae,' and laid on at
Lowest Rates; Oast Iron and Xead Soil Pipe,
House Furnishing Goods, all kinds:
BUBBElt HIZIZii AND AJUADE8;
I,ilt and Force Pump", f item PumpsX Uniranised iron, Hbeat (V,pper, Haeet Land,
Iul Pipe. Tin Pktte, Wavr Closots, Marble Slabs and Bowls, Enameled Wash Hta
Cnandeliers, Lamps, Xanterns
HOLLISTER & CO.
A Large Invoice of the Celebrated
IMjfoo tli Factory.
We Have Especial tor Adjn
Cor. Fort and Merchant Sts., fc 59 Nv.uann