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THE HONOLULU REPUBLICAN.
VOLUME I, NO. 53 HONOLULU, H. T TuESDAT. AUGUST 14, 1900. PRICE FIVE CEXTS
IK A DUAL ROLL
Attempts to Defend
THE REMARKABLE PROCEEDING.
HIS NAME STRICKEN FROM
THE RECORD BY THE
A District Attorney in California
jjw'as Disbarred For Three
Months For a Similar
There was another field day In Judge
Humphreys' court room yesterday afternoon.
Attorney General Dole was
'the principal attraction. He had a
burst of eloquence on that charmed ill
hearer. Hyperbollcally the Attorney
Gen oral dwelt on many things legal
the greatness of the police force,
HRwalfu character, new comers, the
brilliancy of the court, the speaker's
as a law otllcer, his right to
defend those charged with crime and
many other things. It was an oratorical
effort which caused all to bo
spellbound and recalled one's reading
of the great efforts of the great commoner
The Attorney General commenced his
remarks in a low tone, as all great
orators should do; then, as he warmed
up, his voice rang out like a cornet solo
ln.Herr Berger's band, permeated the
corridors ami went cascading down the
And what was the thing all about?
It was the case of Kaupena Kalmana
vs. J. H. Kamaunu. Kamauuu Is a police
officer at Koolau. As a police officer
he had Kalmana arrested for
The charge wasn't substantiated
In court and then Kalmana had
Kama unit arrested for malicious mischief.
Yesterday the case came up in
court and Attorney General Hole appeared
for the defendant. Kaiinana's
attorney, Charles Crelghton. moved
that the Attorney General's namo be
stricken from the calendar on the
grounds that, ho being" a prosecuting
otlicer, could not doend a person
charged with a. misdemeanor.
Thou oanie the Attorney General's
buret of rhetoric. It came like a cloud
burst from the Nuuanu valley. It was
a deluge of apostrophes. It was his
uiity as Attorney General of a great
'J errltory and as the head of the police
(H'partiuuM to protect the members of
the force when they were in the right.
Why should his name be stricken from
the record in cases where the police
officers were concerned? He should
not bo disbarred from appearing in
cases where members of the force wore
concerned unless It was for tho Interest
of the public good, the protection or
property and the protection of life,
liberty "and the pursuit of happiness
and for everything else that was
transcendently glorious. He had a
right to appear whether he did so for
gain or otherwise In this case he appeared
without remuneration. "I ask
nothing." said the Attorney General
lifting his hands skyward, "but a full
"if the government isInterested Jn
this case It Is the duty of the Attorney
General or the Territory or Hawaii to
appear In this case."
Then the Attorney General told
about the new comers coming here.
Many of them would make desirable
citizens but crime, and here the Attorney
General's voice- thundered, was )n
the Increase. How could It be stopped?
How could it be checked? How could
It be prevented?
The court, like himself, had been
acquainted with the Hawaiian char-here
but a few years. They were not
acter. It was dilllcult to tell what
bearing Hawaiian character had on the
caso, and In passing the Attorney Genera!"
didn't stop to say.
Then he went on throwing verbal
bouquets at tho court. The address of
the court to the grand jury was the
most brilliant that he had over heard.
Hut the court should have mentioned
jn its charge "the conditions, necessities
end environments which surround
us. The court is of great learning,
brilliancy and intellect but this Is the
transition .period." said the speaker.
But why continue? No writer can do
justice to the Attorney General's oration.
Hearing Is the only thing that
could satlato those who love eloquence
in this tropical climate where the
ocean laves the pebbly beach.
Attorney Crelshton stated that the
Attorney General was not a party to
this record. He did not move to have
his name stricken troni the calendar
because he was afraid of crossing
swords, figuratively, with the Attorney
General, as Tar as that was concerned,
he, bad much rather have him remain
in the case than anyone else.
He thought that the Attorney General
has made some insidious remarks
The court had failed to grasp anything
Insidious In the Attorney General's
Judge Humphreys. In rendering his
decision spoke of the great powers
conferred on the police. These powers
should at all times be exercised with
great consideration. If you went to
London you would fiud on Plccadlllr
nnd Sholto Square policemen belted
imd scaring: their insignia of owee.
They preserve the power, dignity and
order cf the community. They represent
'the majesty of the law. Let one
.raise his hand as a signal for the surg
ing crowds to stop and Lords and
Dukes bow to his authority.
Policemen are clothed tflb much
authority and they should at all times
exercise that authority .with discretion.
Now when they transcended that antic
lly their acts were reprehensible.
PubtK peace, public goGd and public
life were the Trojan horse.
Policemen frequently entered the
heme of a citizen without a process.
Such an act was punishable with a
year's Imprisonment or a fine not to
exceed $500. It was the duty or""the
Attorney General to prosecute criminal
He then cited the case of a policeman
who kicked in the door of a residence
and beat Its occupant. He was lined
125, yet he was wearing the badge of
a policeman today.
Judge Humphreys read from a decision
from the California Reports
where District Attorney Spencer was
disbarred for three months for doing
identically the same thing that Attorney
General Dole was attempting to do.
The California court held that if there
were nothing in the code prohibiting
the District Attorney from appearing
in the case as defendant's attorney
where it might become hls duty to
prosecute, there was In the code of
moral ethics. The ignorance of the
District Attorney prevented him from
being permanently disbarred and he
was suspended fof the period of three
Attorney General Dole's name was
stricken from the record.
GONE TO MOLOKAI.
Forty-six Unfortunate Lepers Sent
to the Infirmary.
The steamship Lehuo left port last
evening for Molokai with forty-six unfortunate
lepers on board. These people
have been gathered for the last
three months from all over the islands,
and bavoleen quartered next to the
Kapiolnni School for girls.
The scene at tho wharf was particularly
touching. The old Hawaiian
wail, which is now so seldom heard,
was kept up with incessant din. Mothers,
sisters, brothers and friends
crowded around the poor people who
were about, to le plucked from the
world, and spent the last tew moments
in expressing their sorrow in ways
characteristic- only to Hawaiian?.
When the loat was at last ready to
leave, some of the lepers had to be
pulled away by main force.
The Lehiia makes a trip of this kind
about every three months, carrying a
cargo of living corpses to a doom worse
than the most awful.
The Painters Association held their
first meeting lust evening in tho Plumbers
Union Hall. The purpose of the
meeting was to put tho association ou
a firm basis and to make preparations
for tue coming Labor Day celebrations.
All the men present signed tho roil.
J. Lund was elected President and V.
MeAvery secretary. Next Monday
night was decided for the- next meet imr,
when further plans for organization
will be adopted and the report of the
Labor day celebration committee received.
BY CRiB M.
CHARLES DOWNING HAS THREE
CHARGES AGAINST HIM FOR
Eanq," Charged With Lassoing u
Chinaman and Robbing Him,
is Indicted, and Thcro
A number of indictments were returned
by ' the grand jury esterday
morning in Judge Humphreys court
Charles Downing was Indicted for
murder in the second degree by killing
Poal. He was also presented In two
indictments for assault with a deadly
weapon on Elcakala and Kanae. His
plea was reserved till Monday.
Kane was Indicted for robbery. He
is charged with lassoing a Chinaman
on the hlghwaiv .In answer to a question
by the court Kane said he had no
money to employ an attorney.
Judge Humphreys assigned W. A.
Kinney to defend the accused.
Anlmoto was Indicted for murder In
the first degree by killing a fellow
couutryman In Kahuku. A- I- C. Atkinson
asked that an Indictment be
furnished the prisoner In Japanese.
This the court refused to do, as there
was no statute for such a procecdln?.
Kli was indicted for malicious burning
In the third degree by setting fire
In cane fields afWalanae. He being
without means "L. A. Thurston was assigned
to defend him.
Isht Harabro and K. Hazabro were
indicted for .assault with dangerous
weapons, and their pleas reserved till
Kaapana, indicted for mahem, said
he had no money to engage counsel.
C. C Bitting "was assigned as counsal.
The indictment of John Antone for
uttering a forged Instrument was
quashed for error, and defendant recommitted
to the grand jury. Deputy
Attorney General Cathcart wanted tho
court to perfect the indictment, but
Judge Humphreys said ha had no authority
to do such an act.
In the case of T. Halaluhl. Indicted
for assault and battery, was granted
a nolle prosequi. Deputy Attorney
general Cathcart made a neat plea for
HalaluhL A wife and eight children
depended on him for support. It wasn't
a battery case. It was simply an assault.
Halaluhl had ejected his wife
from the house and closed the door.
The court approved of the notion,
remarking) that family jars should be
settled courts of law
Indictments against Wong Man for
larceny In the second degree and Ah
Chong for selling opium were passed
Manuel Sousa. assault and battery,
withdrew his appeal.
Judgment dismissing the appeal of.
defendant in Wong Wing vs. Ah Tuck
has been entered.
BRIH6S A BIG SUIT.
He Asks Five Thousand
Dollars For His
ElBliTEEH MONTHS CONTRACT.
DOCTOR ENGLISH DECLARES
HE WAS FORCED TO
Plaintiff AUeges That the Ex-Queen
in Violation of Agreement
Refused to Carry
Lilluokalani has troubles of her. o'Wn.
It Is not all glory' to be an ex-queen.
Like ordinary mortals they appear to
be liable to the law to assumpsit' proceedings
even to breaches of contract
And Hawaii's ex-queen Is in
trouble with her doctor.
Dr. Charles Ji. English, who alleges
that he was the late physician to the
late queen, says that he has besn
wronged. He has invoked the law to
right that wrong. He asks ?5,J00 from
the former occupant of the throne,
wlilch the same, it may be remarked,
is a good deal of money, even In prosperous
Honolulu, not to say anything
about a hopeful, but dethroned, queen.
The doctor sues the late sovereign
under the name of Lydia Domlnls.
The question that naturally arises is.
whether or not "Lydia" is the name
of the ex-queen. It was always supposed
to be Lilluokalani, though in her
own book, "Hawaii's Story by Ha
waii's Queen," a book that has at leastJ
been credited to her, she says nothing
about her name, outside of her alleged
descent. Dr. English and his attorneys
may be right in fixing upon this cognomen,
but the descent from
of Hawaii" to Lydia Dominls,
a defendant In a breach of contract, is
rather steep. That Is, It looks so different
in cold type.
Dr. English says he had a contingent
contract with the queen; that he was to
receive $?00 with cottage and all sorts
of service and at the end of eighteen
months was to receive $5,000. "If,
however," he said, "the queen was to
be iiaid for the crown lauds, I was to
"But you discontinued your attendance
and violated your compact?" said
"Oh, yes," he replied, "I was compelled
to do so," replied the doctor.
The complaint in the case is as
"The undersigned plaintiff, Charles
H. English, complains of Lydia
the defendant in this action, and
sues the said defendant, residing at Ho- I
nolulu, Island of Oahu, and claims the
sum of five thousand dollars ($5,000)
i'or"dainages resulting to him for the
breach of the contracthereinafter in
this complaint set out.
"And the said plaintiff alleges that
the said breach of the contract hereinafter
set out was done in contravention
o'f his private rights under the law.
"And the said plaintiff alleges that
he is a citizen of the United States and
that his permanent residence and place
of abode is -in the city of Cincinnati,
in the state of Ohio, in the United
States of America.
"And the said defendant, Lydia
is an Hawaiian by birth and was
at one time the queen of the kingdom
of Hawaii, and is now a resident in the.
Territory of Hawaii and within the jurisdiction
of this court.
"And for cause of action the said
plaintiff alleges and complains as follows:
"For that, whereas the said defendant
engaged and hired the plaintiff, who is
a doctor of medicine and surgery, for
the period of eighteen months, to commence
on the 16th day of May, A. D.
1900, and to continue until the 16ih
day of November. A. D. 1901, at the
end of which said period, or on the
plaintiffs leaving the defendant's service,
the defendant agreed tojiay to
the plaintiff, in addition to the sum of
?S00 per month, the siim of $5,000.
"And the said plaintiff, on the 10th
day of Jlay, A. D. 1S00. in accordance
with the terms of said contract and
agreement entered into by and between
them at Washington in the District of
Columbia, entered into the service of.
snd the performance of, the said contract
and agreement with the said
as such physician and surgeon,
and rendered the said defendant medical
and surgical services from the said
16th day of May. 1900. to the said 10th
day of July, A. D. 1900.
'The said plaintiff, in accordance
with the terms of the said agreement
and at the special instance and request
of "the said defendant, left the city of
Washingtonin the District of Columbia,
with the said defendant, their destination
being Honolulu. Hawaiian
Islands, and the said plaintiff during
the journey from Washington to said
Honolulu continued to act as such
physician and surgeon for the said defendant
down to and until the 10th day
of July, A. D. 1900. at which said km
mentioned time the said defendant. In
violation'of said contract and agreement
so entered into as aforesaid,
"wrongfully nnd illegally forced and
compelled the said plaintiff to leave
her services and cease to perform hlaJ
duties as such physician and surgeon.
And the said plaintiff further alleges
that the said defendant, without any
lawful cause or excuse, obliged the said
plaintiff to leave her services and
htm from contlaeing'to act as
such physician and surgeon.
Aad th said plaiaUH further allege
that he did all that he was bound Jo
do under and by virtue of the-said contract
and terms of agreement, and was
and has been at all times ready and
willing to complete the said contract-and
all things happened and all times
elapsed and all conditions were fulfilled
which the said plaintiff was
bound to perform and fulfill under the
terms of the said agreement.
The said defendant in violation of
the terms of the said agreement,
and illegally refused to carry out
said contract of agreement and prevented
plaintiff from so doing, and the said
plaintiff claims the sum of $5,000 of the
said defendant for the breach of lh3
contract herein set out; wherefore hs
brings this suit.
And the said plaintiff asks that the
process of this court may be issued and
the said defendant duly summoned to
appear and answer this complaint in
accordance with the practice of this
And the said plaintiff prays that he
may be awarded the said sum of $5,000
and the costs of this action, and that
judgment may be given and entered up
in accordance therewith.
Dated at Honolulu this" 13th day of
August, A. D. 1900.
CHARLES H. ENGLISH.
Davis & Gear are plaintiffs attorneys.
Presented With a Badge.
C. II. Brown, of HHo, yesterday presented
E. II. Hendry, chief deputy
United States Marshal, with a handsome
badge. Jt is is a beauty and Mr.
Ilpudry was duly cfateful.
Pleased With Hawaii
W. 1J. Mating, clerk or the U.iited
States District Court, is a very pleas,
ant otllcial. lie conies from Portland
Maine, and is well acquainted with ex-Speaker
i'eed. Mr. Mating Is highly
pleased with Hawaii.
FREE BELiVERYOF UIL
WILL SOON BE A FACT.
UNITED STATES WILL
BLY BE READY BEFOP.E
HOUSES ARE NUMBERED.
The Very Fine Showing the Money
Order Offices Are Making
Mr. Flints'-Vey Fine
"The free delivery;
asked Postal Inspector M. II. 1 lint,
yesterday, in responeto a query from
aitepuoiicaii reporter "xue irec uxJ
i ,i -v:
livery system is on me way. Aiy sug
gestions and plans aro now in Wushiug
ton. Thoy will be back here and roady
to be put in operation beforo the city
is to receive them. II looks to to
me, at least. If the city uitthoi ities
have uui'ln any progress lookiug to the
numbering of the houses.
"My report i? perfect and conclusive.
That it will be approved I have no
doubt, and I hope the numbering will
ba reaily by that time. Siumltuuio ialy
with the delivery of tho mail, '-said
M . Flint," we wlt also begin thegui
from the boxes which will be erected
'That will bring a less number of
poopledown on AlerehantstreeU"
Von bet it will," he replied. After
tho carrier goes 'lt'ect all
mail so directed. will be delivered at
bouses. The boxes will enable people
to mail their letters ia the localitie3 of
their own home.-, in tho boxes.
Mr. -Flint has just had a charming
to Ililo. The more the ijeaial
inspector sees of the islands the
more lie becomes enamored of them.
He expects to leave for his former station
at Lo3 Angeles, Culn September
!, and he is delighted to have had an
opportunity to so Ililo once more and
to profit by a trip across tho channel.
"It is an experience I shall never fo.
said Mr. Flint yesterday, with
much fesling. "My business in risilitg
niio," he said "was to ascertain just
what was necessary to equip it withthe
lacililies to which it is entitled. 1 believe
that every! hing will now run
smoothly, and I know that in time
,Hlo will have n that will be
. great credit to the place. In my report
to the Postmaster General I shall
recommend a new postotllee b ildiug
ofa.izetmd on plans to handle the
...isiness for years to come, ton uiu.
dersbmd that the appropriation'of tK
iate Republic of Iluwtdi for a
nilo is not available for that purpose.
Congress will have to make a.i
"AtHiIo I made nrrnugeuients for
all running expente, such us clerks,
electric liglits, etc Cetwceu 2iO and
SOU extra lock boxes are needed at once
and will be put in. I will also order a
big safe for tho main ollice and distributing
eases of the latest pattern, like
tho?e ordered for Honolulu. For the
present we will hae to occupy the old
building. From inquiries made. I think
it would be impossible to rent a building
for use. Un the mainland the department
sometimes has a building
lit ted np by a private party and then
takes it for ten years or so. f am
afraid, however, that the system is new
here and could not be carrid out The
best to be doue is to give every facility
possible until Congress passers the appropriation
for a suitable building.
There are now 53 inouey order offices
in force, the largest number in the history
of the lu the first month
of "the establishment of money order
offices in the Hawaiian Ldands 5,000 orders
were issued. In Porto Ilico, with
eight times the population, less than
5.U0O orders were issued in three
months. The showing is immensely
satLfactorT to me. he said yesterdar.
nd will be to tue department at
Washington and. I sure should be
to the people of Hawaii."
""Mr.FUnt exijectstormaininHono -
lulu for the balance or hi slay and he
regrets exceediuglyiisrt he will
to make any Tw&re
trips. Ho hopes, bbVeTer, to come
back, next year, and Serbia aiaself for
a month principally to, that pastime.
TDflll fjllirinn? Ft1
infll rlnFlll ltN
IllUm I litLHI I LZ.Ua
"Jerusalem the Golden," The- Heaven's
AIlSLrUUUVe XaUK. WiUljAro Tellingr Mendelsohns "Stabat
an Expert Cultivator.
FIGURES FURNISHED BY KELLG63.
TWO HUNDRED DOLLARS NET
PROFIT FROM AN ACRE
When the Fruit Doesn't Bring One
Dollar a Dozen it Should
Then Be Can
I consider., the pineapple to be J.
very profitable crop to raise In theie
The speaker was L. G. Kellogg, manager
of the Hawaiian Fruit Company,
and one of the enterprising colonists at
"The removal of the duty on pineapples
should give a great impetus to
the industry," continued the speaker.
"The members of the California
colony are setting out many acres i.f
pineapples. On my tract I have n.n
acres In that fruit. It takes elghteau
months for a crop to mature from the
cuttings. After the first crop It takis
a year for the fruit to come to maturity.
"In preparing the ground for tue
plants It should be plowed twice and
plowed deep. This can be done at ;,u
expense of $25 an acre. 1 set my planis
four feet apart one way and eighteen
inches another. I do this so that I can
cultivate them one way with a horss,
thus materially reducing the expense
of cultivation. I also have another
reason. Between the wide rows I
plant lupines and peas. These I tu.n
in. The vines decay very quickly and
make an excellent fertilizer.
"My ten acres look very fine. I am
raising them without irrigation, ana
notwithstanding the excessive heat ind
long dry spell, I have lost but few
"1 figure on receiving a net incoite
of $200 an acre after the first croj.
When the members of our colony can t
get $1 a dozen for the fresh, fruit w?
purpose canning it. Twenty-live tho .-
- ictmmesrtne wajvLstt,.tna plants .k ;,
rsUduTd" grow on an acre. After Uie
pine is cut the( first seacon two suck, s
come. This will ineitasc the yie. 1
per acre. The grower should easily s;.c
.00 dozen marketable' pices from :n
"It is necessary for those who go into
the business to hae a cannery .a
connection therewith or ip prpximp
to their orchards, just as a sugar -plantation
must have a mill. The Pcl
City Fruit Company have just finish"!
putting in a big plant costing &bS X
410,000 for the canning of their crji.
However, it isn't ntcesarj' lor .a
small plantation to incur such a la;ge
expense for a plant. A cannery costlns
from $1,500 to $2,500 will be ampie :o
.an a crop of 100,000 to 125,000
apples. The difference in coit is wheth
er you want to do the slicing by hand
"The crop lasts from sixty to ninety
days. If you desire to dispose of it In
a short time you would require a cannery
"Unlike the cane industry, the growing,
harvesting and marketing of pineapples
is almost all light work, of
which a great deal can be done by
children and women. This makes it a
pleasant and profitable Industry for
small farmers, as at some stage of it
the entire household can be employed.
"At Wahaiwa we have sufficient
to handle the crop grown on
the colony for several years to come.
"Now let us consider the canning
proposition. An ordinary sized
when canned will fill a two and
one-half pound can. These cans when
put up in first-class shape sell in the
markets on the mainland at from i
to $2.40 per dozen. The cost of pl:k-Ing.
preparing the fruit and putting it
into cans is about $1 per dozen.
includes the cost of cans, labels,
in fact the entire expense. The frelg
from Hawaii to the mainland is 2
cents per dozen cans. The selling
on the Coast are 1 cent p r
can. The total cost of canning, frelg it
and marketing is $1.24 per dozen can.,
leaving $1 net per dozen cans to
grower, providing the fruit sells it
$2.24 per dozen cans.
"Assuming that you raise 2400 pines
per acre which are suitable for can
ning, you have $24S, or a net Income jf
$20"2 per acre.
"I think the people of this territory
should raise more pineapples. Don't
The reporter answered In the
SUNDAY'S BAND CONCERT.
A Moat ExceUent Program Which.
Received Little Appreciation.
It is to be regretted that more people
did not hear the band concert at Makee
Island Sunday afternoon. The program
was one of the very best ever prepared
by Captain Berger, being in te
nature of a requiem Fa honor of tue
late King Humbert of Italy. Captela
Berger knew the late king when h was
the'Crown Prince of Ita)y. and has la
his possession several little moment s
of the kinff.
t The program oneueo with h.lr v s
loTerto - -Victor Emnnuei
stirring march followsi by Ros'
"Mosesrin Egypt," one of the gran t
band seleetions evercnmpciNjL W e
written bv an If alian it L more Eacr
German in ita composition, the .bia 3
playing a prominent part is. the
phony. The intermezzo of Eilenberg's j
wIu the Chapel" recall all the best in
instrumental music in the Catholic
and Lutheran worship- ureatest ot
all the selections on the precraci how
?eT Tobani's sacred" fantasia
Providence." Blended into this com
position are those great sacred songs.
Mater. Hayden's mass in G and other
of the of the sacred compositions,
This one selectiou alone was well worth
going many miles to hear as rendered
by the government baud Sunday.
Part two of the program was equally
as meritorious as the first part. Donizetti's
"Lucia di Lammenaoor" being
the piece de resistance ou this part of
the program. To music lovers it was
the greatest program the baud has rendered
in a long time, and if given in a
music hall in the oue of the cities in
the states where people had paid admission
would have been raved over,
while all the consolation Captain
and the band members have for
their good work of last Sunday is a
consciousness of a duty well performed.
Paris Exposition Awards.
The tine showing of American manufactures
at the Paris Exposition this
ye:iris likely to win a number of awards
from the international juries selected
to pass upon the exhibits. Aceordiug
to section i3 of the general regulations
governiug the Exposition, the French
Government will gr.uit the following
awards: 1st, The Grand Prix, som
times called the Diploma of Honor,
which is granted for exceptional merit
only; 2nd. Gold Medal; 3rd, Silver
Medal; 4th, Brouze Medal; 5th, Honorable
DINNER TO PROFESSOR STUBBS
Planters Association Honors the
The Hawaiian Planters' Association
gave a dinner in honor of Special Agricultural
Commissioner Stubbs ,!a3t
evening at the home of F. A. Schaefer
up Nuuanu valley. A splendid repast
was served, the host quite outdomt;
himself with the sumptuousness of the
banquet. The table was elaboratolv
decorated with carnations and ferns.
Mr. Schaefer and Mr. Swanzy made
the addresses of welcome, paying hlrh
tribute to the guest of honor. Prof.
Stubbs in his reply wissed to thank
the people of the Hawaiian Islands,
and especially the planters, for th
great kindness shown him and nls
twork. In closing he stated that he
would always remember the Islands
with the kindest feeling, aud hoped to
be able some day to pay them another
The followln people were present:
Pror. W. D. Alexander, Dr. Walter Mat-well,
Wray Taylor, E. D. Tenney. J. G.
Spencer, Joe Gllman.. Christie Swanzv,
M. Damon, P. C. Jones, Paul Isenberg.
3r.. Oscar Sewall, Cllve Davles. J. !.
Cooke, E. Suhr, George Robertson an!
IN CIRCUIT COURT.
THE FAULTY COMPLAINT ON
WHICH HE WAS CONVICTED
Judjre Humphreys Clearly Defines
His Position and Says That
The Law Governs
The case of the Territory of Hawaii
vs. W. C. J. Ottmu'i .came up in the
First Circuit Court yesterday afternoon
and wus quickly disposed of by Judge
Humphreys. Uttmaii was convicted in
the lower court for selling liquor without
a license. He was lined $100 and
sentenced to three months in jail.
When the complaint was read Frederick
W. Uankoy, Ottman's attorney,
moved to quash the indictment and
that the defendant discharged.
Haukey's motion was b.feed on the
ground that the complaint was defective,
inasmuch as it did not couform to
the legal requirements. The complaint
being fatally defective, the cinuit court
could only quash it uud discharge the
Deputy Atttorney GenPiitl Cathcart
started to read a decision of the Supreme
Conrtof the Republic of Hawaii.
He wa3 quickly interrupted by the
Court, who stated, that this waath
Territory of Hawaii. He should bt
governed by the law in the case. While
he had respect for the opinions of the
Supreme Court of thf Republic of Hawaii
the law should not be set in
He ordered the iudicttnetit quashed
anil the defendant discharged.
It is thought that Ottman will be
rearrested on a new complaint.
HOPE FOR THE MAUNALEI-
Colonel G. W. Macfarlane Attempting
to Place the Stock.
At a meeting of the stockholders of
Maunalei plantation held yesterday, it
was decided to postpone the sale of
delinquent shares of stock for ten days
or until the 24th iust. Emmett May,
the secretary of the company, states
that Colonel W. G. Macfarlane. who
lately left here for California and the
East, had beeu given authority to interest
capitalists in the plantation.
Mr. May docs not think that there is
any doubt that the plantation can be
saved. The cane ou the plantation new
is estimated fo be worth $70,0U) in
sugar. The agents of the plantation
are now negotiating with the Pioneer
Mill to grind the cane. In this way
fJSjOOO will be cleared.
The Dunreggan Beleaasd.
The bark Dunreggan wa released
t vesterdav on $20.(300 bonds, tha Ha
j waiian Fertilizer Company and George
I C Crocker qualify lug as bondsmen.
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,,;, .so-ft' y; W-it . W .; y -V, -,.. ' ' -. 4- H. &-J jSv V -.". -v .
TO DBIVE E&CH OTHER
FROM 1 BciCH.
These Threats Caused
a Row Among Shipping-.
LIVELY SCRAP ON THE STREET.
LEWIS AND TURK HAVE A
mix up arrra: billy
McCarthy Had a Gun But Was Allowed
No Time to Unl!mbr
His Artillery and
There was a lively time oa Qtsea
street yesterday afteruson atwwt two
o'clock. It was all on aceowat of
threats of the shipping masters hi ma
each other off the bench. WHUan. Goaf,
known as McCarthy, who has keen
wlthjCaptaln Bray of Uw Si-ors
HomeMgunLewis and Turk. fciae
together, and the fur 8w for a
minutes until the trio ware ptoel under
arrest and taken to the potfot station.
At the station a charge of. affray wt
placed against the three ama, aad
further charge of carrying a coacwded
weapon and a charge of assault with a
weapon was placed against McCarthy.
as It was claimed that be had trtod to
use a revolver on Lewis and Turk. a;4
a gun was found oa him when
searched at the station.
Another chapter of the life of
shipping men'will bo heard In the ;
court this morning, when the interested
parties toll their stories before
Scon after the trouble the men
in the scrlmmnge in which oue
party claims murder was intended,
made the fololwlng statement:
McCarthy's statement Is as follow '
"My right name la William Grsr
I am known here as McCarthy. Tody
I was going around about my
and was on my way home. CIosu u
where Paddy llyan used to keep I vf
going along and I met Lewis ami Turn
Lewis said: "I want to have a worn
with you.' I said, 'All right.' Lewi
said, 'Have you been going around lute
telling the captains that you eaa supply
them with men cheapor than I
can:' I told him 'No I never had occasion
to do such a thing, for I don't recognize
you on the front at all.'
"With that Lewis called me a
name and hit me In the mouth with Um
fist. I hit back at him and then Tiuk.
his partner, swung u.s arm out and hit
me ou the jaw, saying: 'You
1 we'll fix you.
Then we got to scrapping on the street.
one ot them on each side of me. Th fl
the water frqnt police came along and
arrested them and took me to the station
to make a charge against thae.
They threatened my life about a wi
ago. I have three witnesses to prove
what they said to me. My friends advised
me to carry a gun and look out
for myself. I had a gun on me at to t
time but I made no attempt to use It.
I don't belong to the seamen's union.
I am shipping men for a living now.
I have been here about eighteen month i
and have been doing shipping aboiu
two months. This Is the first tlm
Lewis and Turk have tackled me."
The shipping masters, Lewis anJ
Turk, were asked about the scrap and
Oscar Lewis made the following statement:
"Turk and I were walking down
street this afternoon and had
just turned into Queen street. Whc
in front of McChesney's wholesale
house we were accosted by McCarthy.
Upon reaching us he said: 'You
. I'm going to fix you.'
Whereupon he grabbed me by the
throat with his left hand and reached
into his grousers waistband with bis
right hand. In view of what happened
at the railroad depot yesterday f
thought my life was in danger. I vn
unarmed and so struck McCarthy a
quickly as I could In the face with
my right hand. He staggered buck
and then came at us again. I was oa
his right hand side and he struck ar.
Turk with his left, still at the same
time trying to get something out of his
pants with the right. Turk struck hltn
and knocked him Into the street. A.
tills time the water front policeman
from the boat landing came orer aad
placed us all under arrest- We want
to the police station, where we were
charged with affray. Upon being
searched at the station a loaded revolver
wos found on McCarthy.
"About a week ago McCarthy mat
Turk and myself at the foot of Fort
street He said that he and Captain
Bray were going to fix us both. They,
were going to drive us out of tho
shipping business, so he said.
"We swore out a warrant for tha
arrest of McCarthy and went to the
jail to Identify him. He was In a oelt
and when he saw us he said In the presence
of the captain of police that when
he got out he would .kill both of U3.
The grand jury was engaged
yesterday afternoon In Investigating
tho K. N. Almy liquor
selling case. Many witnesses
a'ppeared and were subjected to
a rigorous examination. Among
th& witnesses who were called
before the inquisitorial body
were Almy and High Sheriff
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