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The Hawaiian gazette. (Honolulu [Oahu, Hawaii]) 1865-1918, December 18, 1917, Image 7

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Persistent link: http://chroniclingamerica.loc.gov/lccn/sn83025121/1917-12-18/ed-1/seq-7/

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IT I IV n I I It nnmrrnin n nil
I I l u ll L I. 11 m U 1)1 m r 1 1 1 H U 1
Kamakaia, Following "Divine" Revelation," 'Repudiate ' All ft
vjoiis' Statements Concerning Queen's' Signature' and -Says He1
Signed As Witness' On Request of VPrincess f here'sa Attor
neys Andre1 Wsfittrtian and Lymer Withdraw Front CasVatuJ
John F. Colburn Filei Withdrawal of' Application For ProbaUJ
J "Princess" Still Insists That Will s (Senulne ' " '
"Rev." Sam Kamakala, whode name ajppart ubn the allege
will of the' lite ueen LlUilokalanl, of August 29, 1917, aa a witness
to the Queen'a signature, yeaterdi confessed to Attorney L6rrm
Andrews and W. B. Lymef that he did not witheaa' te alleged sig
nature, but that he had aigned the will at his own1 home at the re
quest of Mrs. Theresa Wilcox Belliveau, popularly known as "Prin
cess .Theresat,, who brought' tht document to , him. ' ' . . '
V Immediately following upon this confession, the law firm ''of
Andrews and Pittman and Attorney W. B. lymer, who were repre-
, aentfng J6hri F. Cdlburtv named iri the alleged will as executor, pre
pared affidavit setting forth the acts and filed these, in the name
of Mr. Colburn, withdrawing the application lor probate of th in-.
: strument. '' '.' i . m-.-i- ", "-.-i
' process is mAd
This action was followed last night by an indignant outburst
from "Princess' Theresa, who announced tiat, ai deviiTee; she her
self would present the alleged Will" for probate. She expressed her
astonishment at $he confession of Kamakaia and staged that hTs con
fession was false and that he did, as 'at first reported, witness the
signing of the will.' .' . ".'.''
Messrs. Andrews. Pittman and Lvmw:' Jit tfe (KAk,u ttUA'.
' ,
Ia. a .-.-'.ft 1 . -
indue ii piain' tnai iney entered
the suit in gpod faith' and ' only
anti viusciy examining inr alleg
ed witnesses and 6thefs supposed
to have a direct knowledge of the
' sienine of the alleeed will and
the circumstances surrounding
the execution of the document by
the Queen. As soon as an inti
mation was heard that Kamakaia
was weakening on his' original
statements, he was sent for arlH
cross-examined, finally acknowl
edging that everything he had at
first stated was false.
QUICK REPUDIATION
This acknowledgement was
made before Messrs. Andrews
and Lymcr yesterday morning,
whereupon work was immediate
ly begun upon the preparation of
. affidavits and the withdrawal of ap
plication for probate, the attorneys and
Mr. Colburn wishing their hands of
the whole matter.
"We went into thia natter in abso
lute pood faith," aaid Judge Lymer
yesterday afternoon, after he and filed
the various documents prepared, "and
we are getting out of it and so is Mr:
Colburn. We-had no grounds upon
which to bane a justifiable doubt, of
, v. ...i;.i: k. -:n it ik.
...IT IHIIIIII VI lUO fllU, Kllli, II lIO
Mill were genuine, we were obliged to
regard it as the expressed desires of
the Queen and a sacred trust, irrespec
tive of whom might be named in thu
will as the. beneficiaries.
Will Help Prosocuts
"As soon at this matter of with
drawal of probate is eleaned up I in
tend TMronnllv to intaraat mitul f In
prosecuting those apparently in a gl-
niiwc conspiracy.
"It is possible, of eojtrse, that when
Mr. Colburn withdrawal from tho
case Is permitted by the courts soihe
one of those named in, the alleged will,
s a devisee, will make independent ftp
plicatioD' for probate. At any rate,
something will have to be done with
the document. It is unlikely that the
court will simply allow it to be with
drawn, because years from now it
might agniu be presented for probate."
Affidavits Explanatory
The affidavits filed were entered for
record by special permission of Judge
Ashford, with whom Judge Lymer eon
suited And to whom he explained the
nature of the new developments in the
sensational case. These affidavit set
forth in detail the circumstances under
which the attorneys came into the
case. The original statements mode
by Kamakaia, a transcribed from the
stenographer's notes, are given. ' '
In the affidavit tied by Mr.. Colburn
it is stated that Kamakaia had ex
plained to him that he had had a II
vine warnititr bf 'what fate is ia store
for perjurers 1 and accordingly had
been inspired to make a clean breast
of his share in what he states is a eon-
anirncv
I'ndoubtedly the whole business will
now be brought before the grand jury,
Prtncoas" Will Go Ahead,
When told by The Advertiser of
these . latest '' developments, at six
o'clock Inst evening, "Princess" Ttir
esa flared with indignation, exclaiming
excitedly t "What yarn is this; you
must be crazy.
She had not heard of the sudden
turn of events, and was momentarily at
n loss for words. Then suddeuly she
continued "It's some scheme of the
other side; it's all lies. The will Is
genuine; I know It is.
"Hnmeiiiie must be getting at Ka
iiinkuiii," mldcd "Princess" Theresa
in a voice that shook with: agitation.
"He doesn't sMuk very 'good English
Mini if he says he didn't sign the will
iu the Queen's presence, be doesn't
Know what he's doiug. I only left
liii'i tit hnlf -past five this afternoon,
nn.i he didn't sity a word, to me about
the Mill.
"The will was sever taken to Ka-'
iniikiiin ' house to sign," continued the
"Princess" after another brief sil
ence. "Jio sigued it ia the Queen's
' J . i . u u , ii.i , i . v VI .
' - .
presence. I saw him do it myself."
Mho thereupon proceeded to explain
just bowi Kamakaia- affixed his signa
ture to the document. :
The "PrineemvV eontiaued to claim
that the will waa a perfectly genuine
document until she finally left to tele
phone her attorneys regarding the mat
ter. . . ... .1
l4ist evening, explaining that ah
desired 10 withdraw her first heated
eonftnpnta 6nv the news; she asked that
mc ronowing rortnai statement be
made for her: ,' ''..
"I was greatly astonished to bear
that Ham Kamakaia claims he was not
hrneht When the Qneen sigaed the will.
I have nlentv of sIH
present and if Mr. Colburn withdraws
tk. fit - ... 1
mc wm, i, as a aevisee, wiu present ths
Will for DTobat mvaelf.' '
Other gide Oritlflea' ' '
"7ikrsl halll "KjkAtm nni4 a Aarn.. I..
sas,o ta u VApvnv I as
the . Liliuokalani will ease" said W:
O. Smith, oaa of th. imtfui a k
Liliuokalani Trust yeeterday when
asked for statement, "and I under
stand the attorneys and others inter
cited an hehir nf Mr Piil. u...k.
concluded to. dro it all. I have also
nearu mat ine petitions lu the will
case have been withdrawn, or will ba
withdrawn."
It iB Oil tirttrtftA it niA in la -n nt
the action taken," said Attorney IJ.
L. Withington, counsel for the Liliuo
kalani Trust. "I believe w ha. I ...m
cieut evidence to show that the wit
nesses did not sign that paper at the
Queen's home. We had evidonce in
another direction to uiake this quite
certain." -
loseph Lightfoot, auother attorney
opposed to those who introduced the
"1917-will". aaiil ha foil Ik.t
kaia would eventually tell the truth,
ror ne reit that feo had been more
sinned against than siuuiug.
.ludgo Antonio Perry said that he
rcu tne case was trending toward a
collapse within the last few days, from
"irmu iid nan in nis posaeasiou.
The1 first intimation Prince Kaluni
anaoie and Col. C. P. laukea, the
QOeen s secretary, had of the purport
C(l "1917 Will" wll.aarlv n'n IK.
log of 8unday, November 11, while the
Queen was dying at Washington IMuccr,
when a letter Was kilal in tklr
hamls from Attorney. Lorrin Andrews,
untrii mr uBjr jjrevious, jn wnien notB
were informed that im.lar th
slons of a will signed by Her Majesty
on August zji, iwiT, John t . Cidburn
had been numed us sola iMtnr ..r tl.
Queeu's estate and was to assume
eharire of the funeral arraiiirements.
iim ucru men, out witn toe Hhu.low
of a eonrt contest and the difficulties
ri. . . , . . r
arisinir from the notice thn Mr rvl
burn was to be oousulted aud arrsnao
ments deferred ufttl ne had his say
so, the Queen's loyht friends were
placed in an awkward )poitlon.
Mee'tincs had to be hrrauirnd unrtici
Sated ia by those 'representing the
neon's arrkira ami th l.;ni,.,v u.,i
,iuoi, nun mr. .oiDurn aua bis attor
. iieiicate situations arose
during the week the Queen's body lav
iu state at Washiiieton Place. Kawai-
ahao Church aud the Palace, Mnally,
ruee was secured uujler which U
was arranged that the purported will
would not be offered for probate until
after the Queen was buried. On the
rollowmg Monday, November 1, the
will was filed in court and the fight
over the tenliOrary adnilnbitraforship
"i"! riiuiiin wua iae aopoin
meut of H. ' Lituola Holsteiu, Instoad
Of 'John Colhurn. tha fmf Tka
brobate Of the purported will was to
have started In '.fudge Ashford 's
court on weeeinoer si.
a
WHOOPING COUGH
When your child has 'whooping cough
be careful to. keep the couch loose
and expectoration easy by giving
Chamberlain's Cough Remedy as may
be required. This remedy will hi no
liquify the tough mucus and make it
easier to expectorate. It has been
u-?d successfully iu many epidemics
and as it contains uo nareotle or other
injurious substance it 'is perfectly
sufe. For sale by all , dealers. Ben
son. Hinith ft Co., Ltd., Agts. fur He
waii. Advertisement.
HAWAIIAN GAZETTE,
AFFIDAVITS SHED SOME LIGHT '
OH QUEEN'S! ALLEGED IVLL
EAVQRIHG "PRIUCESS" THERESA
. Affidavits filed bv tHe att'nrnrvs fur
John P. COlburn, in his withdrawal of
application for probate of the alWed
will of Queen Liliuokalani and by Mr.
Colburn himself, form Interesting read
ing, They detail the efforts made by
Mr. Colburn and his legal advisers to
probe the circumstances of the signing
of 'the Alleged will before taking any
action under it and show the good faith
in which the Initial steps to secure pro
bat were mad?.
The mnin affidavit filed yesterday
was 'flint of Lorrin Andrews, who
drew n 1 1 the will for signature under
the; directions of "Princess" Theresa
and into whose custody the document
wa given after the alleged signing by
the Queen in' the presence of witnesses.
Mr, Amlrcws' affidavit is:
Affidavit of Lorrin Andrew
Lorrin Andrews, being first duly
sworn, deposes and aya that he is a
member of the firm of Andrews ft PittJ
man and is one of tha ' attnfn.v.
OhB F. ColhllCn in tha Mlutva.aafitlAJ
proceeding; that early in the month of
September. 117, there-waa placed in
the possession of deponent a document
purporting to be the last will and
testament of Her Majesty, Queen' Lili
dbkalani, with the request that he keep)
th same until further notice, and de
ponent whs informed that aaid request
came direct from Her Majesty,, the
Queen; - "
'That deponent thereupon kept said
document in a safe deposit vault with
other -wills and papers confided to his
eore, and paid no farther attention to
the' same until on or about the 9th
day of November,' 1917, when deponent
was informed rn the public prints of
the serious illness of Her Majesty and
of the probable fatal result of Raid ill
nesef Colburn Notified
'kThnt I under said will, deponent
knew thnt John F. Colburn was named
as executor; that deponent had not be
fore' this time enrnmnnicatail M. n.
io aaid John F. Colburn or had aaylj
ouuinuHicauon witn aim concerning
sold .will; bnt, in view of the serious
condition of the Queen's health, be
deemed it best to, notify the said Col
burn that he had in his possession
written document purporting to be her
last will aqd testament, naming him.
" sum vomurn, aa executor; that de
ponent therefore requested the said
Colburn to call at his (deponent's) of
fice and deponent stated to the said
Colburn that he (deponent) wns not
familiar with the signature of the
Queen and would snbmit to him, thf
said Colburn, the said will for the pur
pose of his verifying said signature;
it being well known that the said Col
burn was, well acquainted with Her
Majesty, having served In her cabinet
and having been an intimate friend;
"That said Colbnrn, upon seeing the
said will, exoreaiad af flr.t hi. ,i..i.i
of aaid signature, but requested leave
to compare the same with a number of
signatures of Her Majesty he had in
his possession and, in other ways, to
rrwj too same oetore deciding what
he wished to do; that on the JUth day
of November, aaid Colburn again called
at the office of the deponent and in
formed dODOnent that, in hia nniaiAn
from comparison of the 'signatures
anq otner information, the said will
had been aiirned b Hr t.i... ii..
the said Colburn stated that he had not
read said will, except the elaua con
cerning himself as executor; but that
ho had mmuiriil li.
, un . piffuiiuiCB Ull
each page for the purpose of ascer
taining whether, in his opinion, the
same had been signed, by Her Ma
jesty .
Lymer Called In
"Thai thereafter.
between deponent and said Colburn, it
was-decided to associate WilHant B.
Lymer with the firm of deponent in
filing said will for probate and, upon
consultation with said - Lymcr, It was
decided that before filing said will for
probate, the two witnesses whose names
were feigned to said will, to-wit J. M.
Kealoha and Samuel K. Kamakaia,
should be interrogated separately and.
If they testified to the validity of said
will, then same should be presented for
probate otherwise not;
"That thereafter on the 13th
day of November, 1117, the said
amuel K. Kamakaia and .1. M. Kealo
ha came to the office of deponent and
were there examined, .cparately and
part in a private room in which were
present said John F." Colbnrn, W. B
Pittman and a stenographer and, at
times, Villiam B. Lymer and deponent;
that the Witnesses were interrogated
in the Hawaiian and tnu.i. i.
gnngei by said John F. Colburn, W. B
liftman and William r i ..
"! JfflJhviU stating "that on the
n -. win
day of 'Aomist. toi7 th.. k..i a-
. . c . u.u. ex
ecuted, an the nrnwn- r.t uu. .
, , . . . " 1 .
Jesry a tiaoer which ah ,i..iu.i i.
W last will hnd testament and that
" am" executea the same in their
presence; that it the conclusion - of
their Statements, whirl,
down in shorthand .rti.i...;,. .......
drawn embodying the same and, on
the Mtli dav of Vni.u. iniT
the said office of denouent.' tha L,
wi-re i-arefullv ruud .h
separate and apart, and were aignv.i
nd swam to before a uotary pubhe
a 0iv of the afh'riavit ... i. '
said Mapiuel K. Kamakaia being here
to attached and made a part hereof
Affidavit Put Away
"That said affidavits were then taker,
by deponent and 'riunnnltoH ... .
keeping and Were not seen by anyone
except the stenographer of your depOn
eiiti that no one else was made ac
quainfed with the Cftnfenta nt AiKa. ,f
said affidavits, except tho parties hear.
ion mr raa wnen TUKcn;
"That 'therektar ml n n. .1......
...... u ... nw.r,i,
the ILth dav of Decnmhar 1017 J...
poneut receiveif information that Khm-
in r. ivamaxaia nail made certain de
mand for large sums of hionoy nndor
eiri HWHtoiicea leading to the bolief tbut
hitt tlf'tt.iuKife'V miukt l..v
eucreasfiil negotiating of snid sums 'of
of moaev: that dcoonent hamedlutulv
consulted with William H. Lymer anil
John t. Colburn aud it was Uvuided tojiie.-sed her sin each page,
TUESDAY, DECEMBER
"
call before theml in the 'presence of an
Impartial Hawaii Interpreter! both
witnesses to the will and again, read to
them the affidavits cud obtain a atafe
meht from them as to whether these
were the true facts in connection with
aaid will; :
"That in. accordance therewith, on
the morning of the nth dav of Decem
ber, 1917, the said J. M. Kealoha and
Samuel K. Kamakaia appeared at-the
office of deponent- and there met Joha
F. Colburn. William B. Lymer, depon
ent Sad rVillinm J. Coelho, who had
been requested by deponent to come to
hia office and net ia the matter of
translation and Interpretation the said
Coolho" riot knowing in what matter he
was railed; that the said J. M. Kea
loha, upon having his affidavit read to
him, announced that the same waa true;
that he had executed the same and that
he had made the statements therein
contained; ' , , y
"That the said Samuel K. Kamakaia,
however, upon the conclusion of the
reading of hi affidavit in Hawaiian by
the aaid Coelho, stated that he had
made thee statements aa they appear
ed In said affidavit, but that the said
statements were false as to his signing
hii name before the Queen and' that
the said will slgaed by him wit signed
st his bonse, having been brought to
him by Mrs. Belliveau and that, at
that time, the purported signatures of
the Queen were npon aaid dovnmant;
"That when the said Kamakaia was
questioned aa to his deniand for money
made previously to this, he stated that
It was trne and thst he had asked for
sums of money, but thnt now hft neces
sities had been relieved from other
sources' and ; that he had received the
snm of isDOO.OO from a foreigner for
the purchase of some of his land; but
he declined to give the name of said
foreiener; '
"That the aaid Kamakaia stated that
he had received a visitation from God
in the shape of a dream that he must
retract his former testimony, and-he
therefore felt it , was right he should
do, .' . . .,
"LOR8IN ANDREWS."
Told Circumstantial Account ' .
The statement ' made by Kamakaia
originally, which he now states is a
tissue of falsehood, showa that. h. ap
parently was most carefully drilled ia
1L. 4. 1 . a .
iae- pun ne was to piay. He made the
statement before the attorneys, under
cross-examination by Judge Ltmer, and
in anch a way that he completely de
ceived the lawyers and convinced Mr.
Colbnrn that he could be telling noth
ing but the truth.
Yesterday he admitted that he had
said everything contained in the affi
davit, but blandly informed the attor
neys that none Of it was true, i He act
ed, says Judge Lymer, as though ba
were quite unaware Of tha eeriou posi
tlon into which he had ulnced himself
although when he made the original
arnnavit ne nan Deeft warned repeat
edlv that to make false alatemanta n
art affair of this kind would be a state 'a
prison orrense, . . '
Here is what he first told, which he
sbts now is nntruei
What Kamakaia First Said
"Kamuel K. Kamhkaia, being first
dulv sworn, deposes and swys:
"Mv-oume in Nsmnel K ' KsmaWal.
I am sixty four (K4) years of age on
me iin or last. September and I am
at the present time living at Pilunui
iinnniuiu.
"Mv profession is a minister nf tln
noM'i witn power to M'rfonn mnrriage
(onrrsrta and f hava tvnan amnl.,v..i i-
the Hnwaiian band for a period of over
rorty noj years, only lately having re
siKiieu,
"I remember the 2th of August of
this year and it was a Wednesday. I
attended the rehearsal of the band that
forenoon until something after 11
o'clock and when I came down there I
cnlled at Theresa 'a house on King
ritreet. While there tnlking about cer
thin matters, she asked me if I would
be a witness to the Queea'a will. I
replied, I hud no objections' atid she
then asked if I would accompany her
up there with Mr. Kealoha. I object
ed and said, ' I have no objections In
being a witness to the signature of the
Queen to lier will if she desires to sign
one but I don 't want tO go into her
presence when certain women nre
there, miming them and Which are
Mrs. Iiuikea and another l..iliilhi,
meauiny thereby, Mrs. I.nhilahi Webb.
I further said to her. 'Aside from those
two and if any other of her retainers
were there, I would go,'
Coast Ww Clear
" Theresa immediately went up to
WaxliiiiL'ton Piece and retm-nail .Ixini
a hMlf an hour and' reported that the
two women wno I nave mentioned as
beinir obiected to were not' there.
"Nhe then invited me to accompany
ner nynt urea, Licit I illd abd in I
short while1 arrived there iu the pres
ence of the Oueen and thnra war. .it
ting there with the Queen two of her
retainers, Wakiki Heleluhe and Mrs.
Joe Aea, the former commonly known
ns Knhae (the flax).
"As we entered the room Theresa
suid to Her Majesty, 'This is Kama
knia' and I knelt down in front of
her feet and kissed her luml , Tha
Queen nodded at me and said, 'Aloha'
and she was sitting up in a rbair.
"Theresa then snid to the Queen,
Here ie the will your Majesty, (banded
it to her), and Mr. Kamakaia will he
a witness nad also Mr. Kealoha,' who
had iust then come ' into, tha r.mm
Theresa had in her haads a fountain
pen which she handed to the Queen.
"I then placed upon her lap a song
book of my own composition which I
had taken along with me. "desiring tho
Queen to have a rook at it and where
by I expected she would Authorise me to
compose some other hymns that that I
had not thought of.
Extempore Desk
"I held the weight of the book while
Theresa held the document. Hhe signed
her name st the bottom of the last
page, nud when she got through The
resa informed the Queen that the law
yer, l.orriu Andrews, desired ler to sign
upon thft margin of every page and so
the document was placed whereby she
could i en and Kealoha and I. both w it-
18, 1917. SEMI-WEEKLY.
' "After she had completed signing
the document Theresa then took the
dnenmcnt from her with the pen and
handed it to Mr. Kealoha while; I put
s
in immis npon nis inn. He signed th
document first snd when he haH eotta
through ThercsR then reached for the
document ind handed Ft n ma aa.1t
put the book on my hp and the docu-!
ment nn it anit ..Air I
"I do not remember who filled ia
the date of the signing.
"The Queen stated to us all, TMs is
my will aad I wnnt you to sign with me
a witnesses.'
gaVKswi tn Papers
"I don't know what the contents of
the will are. I hnve never seen it or
read it. Did not know that you (Col
bnra) were even appointed as executor
until I resd It in the paper a day or
two ago.
"Phe did make a l-amark in tha af.
feet that ' I am signing a will that will
give to iveous (son of Theresa) some
thing of my estate because Wilcox waa
related to her by blood.'
"The Queen was apparently in good
health upon thnt dny as she was sit
ting in the rhsir and she had a Jap
anese robe on. .
- "From mv observation nt her mv
observation was that her mental con
dition Waa snrh thnt aha knew what
she waa doing.
"After mv signature, a few minutes
Ister, Kealoha then left and a few min
ute after him 1 left. I don't think
it was a half an hour before we had
both tone.
"The Queen then said to me. "T
am so glad to see yon" and conveyed
to my mind the fart that she still 're
membered that I had been the husband
of a. cousin of hers by marriage.
"in leaving I saw that the docu
ment that Wa ha.1 airm.il aihiaTh waa
the Queen's will was in the hand of
Theresa.
. "8AMUKL K. KAMAKAIA."
Cnnrarnlstr tha taVlnir tit thia atata.
ment and the certification to it Under
oath. Judge Lymer saya ia his affidavit
filed yesterday:
Affidavit Of William B. Lymei
'William R 1m Kaia S.
duly aworit, deposes-and says that -he
ia one or tea attorneys ror jobs rv vol
burn, the petitioner in the above-tfn-
tttlild nralaatnM. that I h-an,t
at the Offices of Lorrip Andrews, Es
quire, shortly after heeiing associa
ted in sn',1 mH na tha l:lh Am
Novethber, 1917, for the purpoee of
taainc tne aratemeat or namuel K. Ka
makaia. OB, Of tha nnmartail mlmrih.
tne aritnasaa. tn tn. t ... Will .J X..t.
ament of her late Majesty, Queen Lili-
. . . i .
uosainni; -
"That at that tima tha aaM will
had not been nraaaatan fsp - MTAt,ata
but the subscribing witnesses thereto
naa Deen eaneii in ror the purpose of
qetermming i; or the rerts concern
in the execntian at tha aaid will Ka.
fore the same should be filed with the
court; y
'"And denonent aava that tha f.ta
ne stated ie the affidavit of Lorrin
Anarewa, nied simultaneously herewith,
reoordlqg the occurrences in aaid of.
flees 'durinir ' the intnrrncrattnn tit mmlA
Hamuel K. Kamakaia, on sSid 13th day
or movemDer, are true in every particu
lar; Had a Good .Story
-"That aaid witness related in great
detail '-and with precision and seem
ing sincerity, many Corroborating facts
tending to prove the truth of hia state
mentst - and deponent studied his de
meanor very carefully and questioned
him Closely and vexhaustivalv and hat
came convinced, as a. result -of the In
terrogation or aaid witness, aa well aa
that of Jamea K. Kaalnha that tha
signature of her late Majesty had beea
oy oer aignea to- said will ia the
presence of the said rlamuel K. Kama
KS1B.
"Affiant atatea that the examinatinn
of said Kamakaia - was separate and
apart from all others, except counsel,
Mr. Colburn aud t l, murranhar, that
the witness was carefully tautioned to
iuii ins entire' irutn, without far or
favor.- the importance of his atat ,inunii
being carefully oxplaincd to him.
"Affiant further states that he was
informed 'by Lorrin Andrews of cer
tain rumors ret-arrllnir daman.la
money being made by-the said Kama-
HBiai woereupon, arter conference be
tween the aaid Lorria Aiwl mat Jnlm
F. .Colburn and denonent. It at, rfi.i.
ed to send immediately for the two al-
,r auuacrjuiog WttHCSSCS to said Will
for the purpose of auestinnim? than.
very carefully ip the presence of a dis
i . . . i i . .
uivrvatca ana eomuetent Hawaiiaa in
terpreter aud deponent states that all
of the statements contained i. th. a.i.i
affidavit of the said Lorrin Andrews
regarding the interview bold on the
16th dav of Decamhur. lui7 uk. .1...
ij sr.' .....7- -7, r,j ,M
' .minKnia aaa aam Kealoha are
true of this deponent's own know
,.) oeing ax ail times present
throughout said interview; ,
"And further thia affiant ..itk
other than that thia affidavit is filed
in SUPPOrt. Of the- Motion tn alth J.. ...
said will heretofore filed.
r "WILLIAM B. LtMEH."
"Foreigner" ; and Dream
In his affidavit. Mr Cidlmra ' i.ta.
some of the circumstances connected
with his notification of executorship and
'i' o rxercisen ia cneck up the
stutrmeuta made.
Kamakaia s ennfauainn ,... ..i.
saya Mr. Colburn, came about as the
result of a dream, in which the Al
mighty counselled the purported w it
nesa of the Queen's signature. An un
nnmed "foreigner" also bobs into the
tale. 8a vs Mr. ('nlborn.
Affld.vtt of John T. Colburn
John t . Colburn. beinir fi rat
sworn, deposes and says: That he has
read the affidavits of 1
anil William B. Lvmer. and that (h.
same are true;
"That, dcoonent nersonallv a. n... ;...!
the said Samuel K. Kumakaia and J. M.
ealoha at the offices of Andrews ft
Pittman. on the Iflth dav Of Novem
ber. 1I7. and with tha aaiil Willi.m. n
I ymer, carefully explained to them the
import 1. me of their teatimnaw nn.i ti...
great tiecessity of their stating the ex
e truth, atatinir to them that
their teetiniony would dtiead the ques
noil s to whether the alleged will of
Her Maieatv. Oueen Liliuuhaluni a.r.,.1,1
he filed for probate of not, and that
both deponent and his attorneys relied
entirely" upuu their trnlhfuluess in this
"1'tiHt these statements hnvinir been
nid to escb witness, separate nad
American Soldiers
Died Bravely
In Cambrai Battle
All tnoineers Heloed Reoulse tho
Foe, Says Official Statement!
warm praise By France1 For
Coolness Discipline. Coorarje
WAtMIIXOTOV, neeember 3 Higi
tribute to the gallant conduct of the
American army engineers ia France,
who were caught ia the German eacir
cling attack on the British lines aea
Cambrai, is paid in an official com
munication from the French govern
ment, received here tonight by cable.
The corhmunlcation follows:
"We must remark nnnn tha t
of certain American soldiers, pioneers
mi worsmen on tne military railroad
in the sector of the Oermaa attack
west of Cambrai on November 30.
They exchanged their picks and shov
els for rifles and cartridges and fought
with the English. "
"Many died thus bravely, arms' in
hand, before the invader. All helped
to repulse the enemy.
"There is not a aino-ta
saw them at work who does not render
warm praise to the coolness, discipline
and courage of these improvised com
batants." MAM SAID HE DIDN'T
.it . ( . . .J it . 1 i
8A.V FBANCISOQ, Decemler 2
Uniteil States Commissioner i - Fraacis
K mil yesterday fouad a ma a who ad
mitted that he knew nothing of tho
war uutu a rew weeks ago. Joha Yier
ra of Han Jose.- arreatM nr failing t
register for the selective draft gave
as his excuse for his aegllgence that he
did not know anything about tire 'War
ana mat as nad heanl something about
registering, but did not know anything
definite. He said he was 1 is Mendo
cino county when the registration was
taking place. He promised to register
and go te war if necessary, and was
allowed hia freedom.
Salaries totalling l,004,8 ' will be
paid to school teachers of the Territorv
ia 1018, cordiag te aa eetimate of th
department of publio instruction filed
with the territorial traaanra - Tla t.
tlmate ia baa- oft a schedule prepared
' in in legislature at tae' rate of
I7S.500 a mot plns-60 a month-for
every thirty-live pupils over 80,000.
Prior to 1917 the-eat imate waa baaed
on f.).uuu a-sooirth plua. iGO a month
for every thirty-flee pupils registered
after June 30; 1911 v
For 1BJ7 there Waa raised by direct
I...UUU inu,oa.i)o l0,i to- this-waa
added 100,000 as school tax on hll
males between twtv.nk.
years. It is stated that In the hexl
yrnr an money needed will not be rais
ed l)V direct taaatirMi l.i.t . .ui...
by the school tax of 3 each oa males.
itpart from the other, both witnesses as
sented thereto and stated that they
would t. li the exact truth; that depea
ant, being acquainted with the Hawa
iian language, spoke to each witnesa in
that language anil translated their an-rw-ers
to the attorneys ' present, and
tlieir statements were also takea in the
Knulish laucuacet
. .VJhttf 00 lfce Uix dJr of November,
I, arier tiieir statements had boeh
transcribed by the . eteaographer, the
said statimenia wara ImiJ.u - . i.
- .'(..avwy w mv
said Kamakaia aud Kealoha in the ita-
aiinn lunguage, at the offices of the
said Andrews Pittmaa, and they were
each, separately and apart, interrogated
ns to whether it waa true before they
signed; that both of said witnesses are
conversant with tha Knnli.l. 1.
mid can read the same, and they read
.in aiiinuviis meiuseives in the Lngllsh
langunge after, aame had been trstis
htted to them in -tha Uia.lian i..
yuage by deponent .
Who It the "Foreigner?" '
"Thut 00 the 12th day of December.
Itl7, di'iM.nent waa' noHfied bv aaid
l.orrin Andrews of the demands of aaid
Kamakaia upon certain " parties for
money in connection with this testi
mony, aad waa present on the 10th day
of December at the offices of the said
Andrews when the statements of ssid
witnesses were read to them by Wil
liam J. Coelho in the Hawaiiaa lan
guage and they wre interrogated con
cerning them; that deponent in the Ha
waiian language asked the aaid Kama
kaia whether it waa true that-he had
demanded money in connection with bis
testimony in snid rase and had gone to
Koolau on the Uth of December and
had received nine hundred dollars
(!X)0.(HJ) from a f ore! ;3e and thnt the
said Kamakaia admitted that ha had
made demands for money and had re
ceived the sura of ttMKI.OO from a for
eigner; "Thst the said Kamakaia aaid he
wished to repudiate the statement he
hud made under 011th on the 14th day
ot .Aioveniher, tes-ause he had received
a visitation from God in the shape of a
IEAKME
MORE THAN MILLION
iresin, wuien warned mm or punish
ment if he did not do so;
"That deponent further states that
he would not have filed said Will for
probate, on the 1fth day of November,
IUI, hud it not bemi for the state
ments of suid witnesses that they had
signed snid will in the presence of the
Vtieeu and that she had signed her
mtwi1 i their pr.aeucs, after acknowl
edging the same to be her Inst wUi aud
testament, to which testimony was
(i bled n number of rurroLoruUve ftwhi
from other witnesses.
"JOHN V, eOLBlBN."
7 r
DOCIKDMP
AIMRlEiEDO
H. Homer . Hayes . Involved In
Nasty Stfarrdal Through Grand
' Airy Indictment
PLEA IS RESERVED TILL'..
. " TUESDAY. Al.tr BAI L FIXED
Name of Man In Case Not Mcn
tioneo In Irtdictitient E:if
Street Rumors Are Cornrnon
Indirted by the grand Jury upon a
charge of having performed a criminal
ODCratton. Df. H TTAMai- TTov a Ineal
phyhiciaii whose office ia on fHonth Kinft
... . ...
nircer, was arraigned aerore t;irciiu
Judgd" Heea yesterday morning. His
plea was reserved antil next Tuesdsv
morning and hia bail fixed at iL'SOO,
mast be secured at that time; Mean
time he is released upon bis own re'g
niaaaee. ..t, . .
Sfot taken ta BUUon 'f
Doctor Hayes ia charged in the in
dictnent which ail Mlnnail airnlnat
hint on Friday afternoon with having
'J i" use or poMtonoua araga and in
strainenfs 'having produced criminal
(tboitton upon a womsa. The indict
ment was sigAed y F.. P. Fogarty, as
foremaa ef tha grand' jury. Upon the
return of the -iadintanawt a. warrant waa
hwmed, which was not served until yes
terday moTsing Doctor Hayes wan nt
men taxes to headquarters and booked,
ihaiirh hi ,t aratal An Iha ,,n.
liee records, hot waa ordered to be in
ewtrt St niae o'clock. ' He waa there,
rereaeated br Ioa H. Htranaa aa at
torney.- . ': '.- '
The indictment rhareea tha snocifie
offense mentioned' and' names the
Woman npon whom the offense was nom
irritted but doe not give the name of
the'ntaa whei' was respowsibte for the
woman's eonililiow, aer does it say
Whether tha ooerstioa was lasticrata.t nr
pror.tfred through him. Whilo the man
is thus anSsmed, H waa common street
talk 'yesterday that he is a high city of
ficial WhMM offia. akrail.t iftrrv Hirrnitv
aad grive respoaaibilitiea. ; " - ' ,
Ktnnaf jraaisa ntnrfaJ
Tl Is kWarS thst aft.- tha anavatinn
bad been performed and the condition
or toe woman 1 aeaita became serious
she Was takes to a local hrarr.it. I an.l
there other physicians were called into
the ease. None Of these are ia any way
implletted in the eaae otherwise than
t witnesses as to her condition when
they were Called la and their expert
opinions on what caused the Illness for
which she, was treated ia the hoapital
S 11 A al.l.k' aka' .uMM.t LJ .
u. w m ... h auv , j n r.i. miff w
of theal are1 aaid to have already testi
fied before the grand jury.
"Tlar.nr t IiImum l t ' O
Franklin is said to have presented this
case to the grand Jury and, if the ease
goes to trial. It 14 said that he will con
tinue in the case and conduct the pros
ecution Instead of any member of the
city attorney 'j r.fflee. ...
fublle y7aota Proaacntlon ' j ;
News of the indictment and arraign
ment . of Doctor Hayes, circulated
quickly through the downtowa sections
yesterday movping and was the aubjoct
of general comment, the demand being
commonly : voiced that- - prosecution
eh mi Id not stop with the physician but
that the maa who ia aaid to be rspon
sibie or the woman 'a eonditioa should
also ba preeecutedi Blame was attached
tik kim ia iu.k fmhtia Maaitnl aa trmt
ly aa te the- pbysieiaa who ia charged
who. navmg eouaagerea. tne die ei a
prospective mtother- and prevented the
birth f tbeehild. ;
HATHiwAYIS? SOUTHERNER
Howard ' Hathaway," the newly 'ap
pointed collector Of Internal revenue
frk.' Hawaii ' la a o.ihI,m, l.w l.l.il.
but lately a reaident ef Everett, Wash
iagton, aad is a lawyer by profession.
This ia the information which Col
lector nf CuktABSS hi. A. rrki.lrli.hu.
collected in-regard to ' the new addi
tion 10 tne ivuerai oraciui ianiuy. ;
POLES SAIL FOR FRANCE
R'O DE JAJsElRO,' December 10
( AaaoM&tad Praaa-.A aiimhaa tt P..I...
reaident here sailed for France early
in October to volunteer for service w ith
the 'Allies.' ' Another contingent will,
soon leave from Hon Paulo.
"W Spells Mean
"Blue, 7 worried, half siiik people
snoutii una out me etuinf of their trou
bles. Often it la merelv falnltr kirlnav
laetioh, which allows the blood to get
! li.a.ia.1 -a -Uli. a..! . a. -1 ,1 ... .
i' iruiauiia inaf irritate tlie
nerves, backache, headaches, diuciscsj
and annoying bladder Uoublca are
added proofs that the kidneys weed
help, t'se Doan's ' Backaolie Kidney
Pills. ThOusanda thank, them for relief
from just surh tioublvs.
"When Toiir Bach is timeIi'ement
ber 'the Najve.: (Don t aipiply ask for
a kidaey remedy ask. (distinctly for
Doan't Pnrlanhe Kidney; Pills and tukn
no other), lV.un's Usui ache Kidney
rilln are sold by all druggists and i,.r
keepers, ur will ba tnsilod on receipt of
finoo by the Hollistor Drug Cu., or
Oonson.rimith Co. agents fur t)1M
;Bad Kidneys? .
uawsuau istam. . UUvcrtibtuient)
::
:jf ':.-vV

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