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THE HONOLULU REPUBLICAN.
YQUUME HI. 2TO. 362. SOVOLUZXr, H. T., THUXSDAT, AUGUST 8, 1901. PBICEPIVE CEK1T
HUD JURY MOST ACT
Oi BE DDID
Judge Gear Charges
Jurors to Prod
B. P. Dole.
ATTOHREY 6ENEBAL TEMP0RIZIH8
RELYING ON 8UPREME COURT
TO DISPOSE OF CASES REOPENED
Qcand Jury Instructed to Ascertain
From Dole Whether He Intends to
Bring Habeas Gorpus Cases Be'
fare That Body.
Thu mambars of the grand jury
were cattail before Judge Gear early
yesterday aftoraooa and instructed to
aaoormJit from Attorney General E. P.
Dole whether ha intended to bring the
recant habeas corpus case before the
graml Jury or Whether ho was relying
on Ms appeal to the Supreme Court
to hang up the decision of the lower
court and dispose of the different
cases reopeaed by the recent decision
of Judge Gear.
Judge Ooar Mid that the .grand jury
had summoned for an express
purpose That purpose was the consideration
of the habeas corpus cases.
Now, the grand Jury had mot but the
Court had been given to understand
from the Attorney General's office
that the habeas corpus matters had
not been brought before the grand
Jury by Ui Attorney Gonoral.
Attorns? Catheart explained to the
Court that Ut grand jury was looking
into other matters, that It was examining
case which had come up from the
ISttWrict court, oases of petty larceny
ind so forth. These cases had to be
attends to and the grand Jury was at
present deaHng with these minor
casac. excepting to handle the habeas
corpus cases later. That seemed to be
Judge Gear could not see why It
was that men who had been convicted
of sarioos crimes and who had been
imprison! Illegally, against the Constitution
of the United States, should
be compelled to languish in the
whoa they had a right to
their freedom unless they were indicted
by the grand jury, whilo cases
of petty larceny of recant occurrence
took precedence in the investigations
of the grand Jury. The petty larceny
cases were of minor importance. The
all important cases to consider which
the grand Jury had been summoned
were the which meant the liberation
of men who ware imprisoned unjustly
or the finding by the grand jury of true
bills against them.
If the habeas corpus cases, said
Judge Gear, were not going to be
brought before the grand jury then
the grand jury might just as well be
discharged as it was not accomplishing
the object for which it had been called.
It must do one of two things. It
must find true bills in the habeas cor
pus eases or else it must find no bills.
If the grand jury was not going to
the habeas corpus casos thon the
Court would have to think ot
Attwaey Catheart -Intimated Chat
perhaps there would bo some difficulty
la dJechargtag the grand jury. That,
laasmuch as the Jury had been called.
It w sot such as easy matter to discharge
Judge Gear set Catheart right on
tat eer by stating that it was entirely
within the powers of the Court
to dtecbarg the Jury if it saw
Ja&aa Gear went on to impress upon
the members of the grand jury that
H was their duty to immediately ascertain
from the Attorney General
whether he was going to bring the re
Beat habeas corpus cases before' that
body. He intimated that the Attorney
Geaexal wa acting in rather a peculiar
stMHMr lit the matter aad that it seemed
to be his intention to hang; up the
deolelon of the court in regard to the
aba corpus cases. The Attorney
General had appeale to the Supremo
Court of the Territory from the de-
csufaa of the lover court la the Goto
cfte aad similar cases and seemed to
be watting for the action of the Supreme
Court in the matter. The At-
- toney Geaer&l was evidently puttlag
e the bringing ot the ee5 before
the grand Jury in tkft hope that the
cases wosid bo disposed cf by bis
appeals to the Supreme Court.
In the first place the action of the
Attorney General is appealing was
extraordinary and now it seemed that
the object for which the grand jury
was called was about to be defeated
on account of the Attorney General
delaying fa the matter of bringing the
habeas corpus cases before that body.
There was so use in delaying the
matter. If the Attorney General wa3
in a hurry to get away on his vacation,
the Coart understood that the Attorney
General was going away to be
married. It would be wise for Mr. Dole
not to delay any longer in presenting
the cases to the jury.
Judge Gear went on, at length, to
refer to the "beating around the
bash methods of the Attorney Gener
al and the evident desire on the part i
of Mr. Dole to hang np the decision of
the Court, though, at the same time,
it was very doubtful if the Court's
decision was hung up in any way.
Judge Gear stated that he -would not
hold the grand Jury waiting on the
Saprome Court. If Attorney General
Dole did not act he would discharge
-I hope the Court won't discharge
tho grand jury." said Attorney Catheart,
"Well, it may," answered the Court.
Judge Gear went on to say that Attorney
General Dole was doing everything
in his power to get around the
decree of the Court In the first place
the Attorney General had declared
that he did not want the grand jury
called until after the Supreme Court
Tho Court stated that it would take
no part in the attempt of the Attorney
General to have these habeas corpus
casesbang on the decision of the
Tho grand jury was instructed to
find out from Dole what he was going
to do in the matter. Unless, reiterated
the Court, the habeas corpuB cases
were brought before the grand jury
tho Court would in all probability discharge
There had been rumors in the corridors
of the court in the morning
that Judgo Gear would probably discharge
the grand jury. As a result
there were a number of Interested
spectators present In the court room
when tho judge delivered his charge
to tho Jury In the afternoon.
There was considerable talk in the
lobbies about the matter.
"It seems that the Attorney General
Is between the horns o a dilemma,"
said an attorney, "he is certainly making
an exhibition of himself. I would
like to get his opinion on tho Consti
tution of the United States. I wonder
if ho ever read it. What is he trying
to do. anyway?"
"But Judge Gear can't discharge the
grand jury," said another.
"What's that! Well, you just wait
and see." answered the other.
When tho trial jury was called In
Judge Gear's court yesterday morning
trial jurors S. M. Damon, P. C. Jones
and John S. Walker were absent
Judgo Gear said that inasmuch as it
was tho first time that the trial jury
had been called for 9:30 o'clock there
was possibly some misunderstanding
as to the time. It the missing Jurors
were not present at 10 o'clock bench
warrants would be issued. Walker
and Damon arrived at 10 o'clock, explaining
that they had understood that
10 o'clock -was the time at which they
should put in an appearance. No
bench warrant was Issued for Jones,
as it was found that he had been excused
It was brought to the knowledge
of tho Court that the grand jury room
had boon left open, private papers
of the Jury being left on tho tables
and the door being found wide open
yesterday morning. Tho Court order
ed that Bailiff Key take charge of all
tho keys ot the room and keep them.
Atlantic Traffic Dull.
NEW YORK. August 1. As a result
ot the decrease in the ocean
freights from Montreal to Glasgow.
London and Liverpool, many vessel
are leaving the St Lawrence light ac
cording to a special from Montreal to
the Times. The dullness is attributed
to the effect ot the drought in the
west and the advance in the price of
corn which causes the English buyers
to hold off tor a hrcak in prices.
Royal Visit to Ireland.
LONDON. August 1. It Is believed
that the King and Queen -will visit
Ireland next April and will probably
open the international exbibiUea
which is being organised la Cork.
Tho King has already paid six or seven
-visits to Ireland. He fast wt
therewith his parents ia 1$S $ his
last -visit was la 1SSS.
MVJfSwn HMl VntWU
Coroner's Jury Did Hot
IPind. Slayer of
JfffmU F UUP UiiFS Mmfafl
NAKAMURA DENIES ALLEGATION
THAT HE STRUCK THE
Matsuoji Lad Again Points Out
as the Man Who Felled His
Mother Jury All at Sea Over the
Mass of Incongruities.
"Wo the coroner's Jury empanelled
to ascertain the cause of death of
Tono, the Japanese female, find that
the woman came to her death at Honolulu,
Oahu, on the 5th day of August,
1901, from hemorrhage of the
brain caused by a blow inflicted by
the hand of a person to this jury unknown."
Signed by G. Macy, A. Lucas, J.
Shaw, A. Buchanan, C. H. Fox and J.
J. McDonald, jurors.
Such was the verdict rendered by
the coroner's jury assembled In the
office of Coroner Chillingworth yes
terday afternoon, alter two days de-J
liberation and examination of many
This verdict practically gave a clearance
to a Japanese named Nakamura
who was charged at Tuesday's
the-jury by the little ten-year-old
son of the dead woman with
striking his mother several blows on
the head. While the lad made these
declarations he contradicted himself
on several occasions, in one or two Instances
stating that Nakamura never
went inside the door of the apartment
of the dead woman, but remained at
the doorway and there carried on the
conversation with the deceased which
is believed to have been her last
From the gist of testimony submitted
yesterday, there semed to have
been a severe rupture In the relations
between the families ot NaKamura
and Matsuoji, the husband ot the deceased
Tono. Both were the parents
of children. The day previous to the
strange death of the woman, the
children had Indulged in a neighborhood
scrap. Matsuoji's boy had sailed
Into the Nakamura heir apparent and
evidently received the worst of the
deal. Matsuoji appeared upon the
scene and thereupon administered a
severe chastisement to the
lad. This was reported to headquarters
and Nakamura visited the
abode of Matsuoji. but the lord of the
household was away. He then had
words with Tono, the wit now deceased.
The Matsuoji lad claimed
Nakamura struck his mother.
denied the charge in toto before
the coroner and the jury. Other witnesses
who were located near by stat.
ed that they heard Nakamura talking
to the woman but did not see, him enter
the room at any time, declaring
he stood In the door while the woman
was standing some seven teet away
In one corner of the room.
Chester Boyle, tho officer, stated
that In a talk with the Matsuoji lad
on the evenls oC Tono's death the
boy claimed that he had aever seen
anyone strike his mother a blow.
The lad was called again, and he
stoutly maintained that he saw Naka
mora strike at his mother.
A Japanese named Honda was present
at the time Doyle Interrogated:
the lad. and he corroborated the officer's
T. Achlgachum. claimed to have
been standing near Nakamara darinc
his parley with Towx He stated that
the woman, was seven teet away from
the man. throughout the entire contro
versy, tie did set see a Wow struct.
The witness wa in the room tv mlar
utcs before the wessaa. feU .
Nakamara testified to the trouble
between, his ehlRrea ass those of
MatsuojL Wk hk boy retorted that
he had bees, beaten by the husband ot
Toao. he wat to their room to see
what the trouble was an abouL He
remetrte& GwHk the woman, hat
never ter4 the room. B dMOed
sarin y imiuat whatsoever la
hkaaad. Ke cMmiiiisoi to haw &-
played any temper ia dlsecsateg the
matter. Denied baring a slungshot or
sandbag concealed about his person.
After a severe cross &re ot questions
by the jurors Naxasacra was released
from the inquisitorial examin
ation. The six men selected to
the probable cause of death
were not a sreat deal -wiser after the
two days session than they were before
coming together. That the woman
died from the result of a blow
seems the only logical conclusion.
Who struck the fatal blow, was a
question to which not one of the six
men could offer a plausible answer.
Will further Investigation be made,
or will the death of the Japanese woman
Tono become enveloped in deep,
dark and mysterious oblivion?
Time alone -will telL
NEW YORK. August X. What Is
believed to have been an. attempt to
set fire to the new docks ot the North
German Lloyd line In Hoboken was
reported to the police last night A
night watchman found a pile of papers
burning beside the old house of
the line in time to save a conflagration.
A strike of the dock builders
has been going on for the last ten
RIDICULES THE IDE! OF
HOW THE EASTERN PRESS LOOKS
UPON THIS INSULAR
The Washington Post Doubts if Statehood
Will Ever Be Extended to
Any of the Insular Possessions
From a Staff Correspondent
WASHINGTON, July 25. The statement
by Delegate Wilcox- that, immediately
upon the assembling of Congress
he will Introduce a bill providing
statehood for Hawaii, lias been
greeted with jeers all over the country.
Most of the editorials that have
been printed upon the subject reject
the idea on account of the political
foolishness that has gone on in Hawaii I
under the Dole administration
since annexation. With that record
behind it Hawaii cannot hope for
One of the latest editorials printed
was in the Washington Post, it is
"In advocating Statehood for Hawaii,
Delegate Wilcox has entered upon
a task the completion ot which he
will not live to see. It may be doubted
if the grandchild of any man now living
will see a star on our flag standing
for the State of Hawaii.
"It will be the inestimable privilege
of Hawaii to occupy the relation of
ward to this government under the
most liberal laws, but she will not
soon be a member of the family ct
States, helping to make laws for all
the people of this republic She may
take part in the nomination of Presidential
candidates, if party committees
see fit to continue the existing custom;
but she will tak& no part in electing
Presidents. She may again give the
deciding vote on forcing a dead and
malodorous issue into a party platform
as she did at Kansas City last July
but she will have no vote in dictating
national policies. Her people have
and will probably be permitted to retain
self-government to the same extent
as the inhabitants of our continental
Territories New Mexico, Arizona
and Oklahoma and it Is earnestly
hoped that they will exhibit a better
capacity for government themselves
than they have shown thus tar.
"If Delegate Wilcox had studied the
history of New Mexico and Nevada,
he might have been Jess premature
in shouting for Hawaiian Statehood.
New Mexico has been asking for ad-
mission for scores of years; has been
a part of our continental domain for
more than half a century, Nevada,
rushed Into the family ia unseemly
haste, has "dwindled, peaked, and
pined. nntll all the States would be
glad to relegate her to a Territorial
position, if that were possible. But a
Territorjf once admitted stays in, there
being so way to put est a sorerelga.
State. And. the smallest State Is the
peer ot the largest ia" the Seaate
"It Is doubtful It we rer admit an
insular State. It is certia that Hawaii
will aoth the peer C Kw York
in our Senate Jor a iou. leac ilme.'
Measwhlle. let as hope thai for ssch
as aae hits receive! ad will
contiase to rciT the Lw -will make
NII9 18 LitU?
is mm .KM?
Its Sugar Grop Will
SiaT FUTURE FOR ITS DUCtt
CUBA EXPECTS TREATMENT AS
VIRTUALLY AN AMERICAN
Splendid Chance For American Capital
in West Indian Fields Opened
by War with Spain Cuba Always
Under American Influence.
NEW YOltK, Aug. L L. V. De
Abad, commissioner for the Economic
Association of Cuba, who is now in
this city, in an interview said: "I
believe that It is necessary to modify
in a more liberal way the customs
relations between the United States
and' Cuba, for political as well as economical
reasons. Cuba has always
been under the Influence of this country
and now, as a consequence of the
war with Spain, she Is so by right
Today she is, in reality, a country under
the American protectorate; tomorrow
she may be a part of the
Union. The American people, by
helping the Cuba revolution, have
bound themselves to keep order in the
island. The welfare of the country
must be fostered. It will be a better
policy and a cheaper one, to give
Cuba the means of selling its sugar
than to send there men-of-war and
"Here the people continue to treat
Cuba as though she were not a country
protected by this republic. Americans
undertake business in Cuba
with the same feeling as though they
were doing it in a foreign country
and this is because the products of
the Island do not receive here any
special or permanent advantage. If
Cuban sugar were admitted here free
of duty or with a light, almost nominal
duty some Americans would go
there and produce sugar, while others
would boom the great refining -industry
already existing there. Thus the
island should form a part of the economic
system of the United States.
Once this country had got hold of the
Cuban sugar and tobacco. Its situation
in the world's markets would be much
more Important than It Is today.
NEW YORK, August 1. A dispatch
to the Herald from Havana says: The
minimum time in which the new government
can be established under the
law Is four months. The electoral
bill provides guarantees for all citizens,
native born and naturalized
alike, no discrimination being made.
NEW YORK. August L. According
to the Havana correspondent of the
Herald, members of the Merchants'
Union will start an active campaign
with the view of convincing the Washington
authorities of the Industrial
needs of Cuba and that there need be
no alarm on the part ot American
sugar and tobacco growers because
of the proposed concessions on the
Cm WAITS TREATMENT
AS A Will IF AMERICA
NEW YORK, August 1. Commenting
upon the debate in the House of
Commons upon the proposiUon to
grant Lord Roberts 100,000, the Lon
don correspondent of the Tribune
Mr. Balfour in moving the grant told
in simple language how critical was
the situation after the defeat at Co-
lenso and Magersfontein and
the boldness and originality of the
strategy by which Lord Roberts relieved
Klmberiey and Ladysmith and
entered Bloemfonteis after a perilias
and exhausting march across a barren
country. He paid also aa eloquent
tribute to the intoltlo. gealus
and cheerful courage which eaabled
Roberts to press on to Pretoria, witk
half his force and three and a half
days supplies, when his hadtatkm
would have- involved a. rera4e4
siege. No ether Eaglishmaa fca be
eqsHy candid ia admktfat? Um -
from which the British Empire was
de&veredl by the seaiss aaI coons
ot General Roberts.
The speech xs&de so profound an
impression on the Commons that the
objections raised by Mr. Dillon, and a
few of the Radical members were
heard with impatience and Irritation.
Sir Henry was
patriotic enough to second Mr. Balfour's
proposal with genuine Scotch
sincerity. Lord Roberts popularity
has been waning under th unceasing
'pressure ot pessimism which has ac
companied the protracted, guerrilla,
operations and the acrid criticism
that he abandoned the field without
bringing the war to an end. Mr. Balfour's
eloquence will restore his pre
eminence as the greatest living soldier.
NEW YORK. August lv Lord
was present in the House ot Commons
yesterday during the debate,
says the London correspondent of the
Tribune. He managed to escape general
attention as he occupied a seat
in the gallery under the clock on the
ministerial side of the House. Had
he chosen to sit in the peers" gallery
he would have been certain to attract
attenUon from the Nationalists who
would probably have taken advantage
of his presence to express their opinion
of his South African policy with
their usual engaging frankness.
LORD ROBERTS GLORIFIED
SY BALFOUR'S ELOQUEMCE
Powerful Speech That Caused Imps'
tience and Irritation with Radicals
and Irish Nationalists.
NEW YORK. August 1. Frederick
I. Cornwell, the only American holding
an elective office in Porto Rico, Is
in the city with a party of Porto
merchants ihd financiers Mr.
Cornwell 13 a yiaj MIssourian He
has been elected to the lower bnwih
of the Porto Rirm Legislature, which
isr composed of thirty-five members,
and he Is chairman of the judiciary
Committee. He is a member of the
law firm of Horton & Cornwell of
San Juan, and Mayaguez.
One of the men in the party with
Mr. Cornwell is J. C. Charpenller,
president of the French Railway In
Porto Rico. Mr. Charpeutler Is here
to consult with the Havemeyerj relative
to the establishment ot a great
central sugar factory near Arccibo.
"This year," said Mr. Cornwell, "the
sugar crop was worth $5,000,000.
last year It amounted to only ?5,000,-000.
Next year It will probably be
"There Is no money on the Island.
The circulation Is only $1.75 per capita.
There is great want as Porto Rico
has not yet recovered from the terrific
cyclone. It destroyed fully one-half
the coffee plantations. This year
he will have a sixty per cent coffee
"Tobacco growers have not bten
encouraged since the American occupation.
They turn out cigars there
for $6 a hundred that can't be
here for $12. When the business Is
properly pushed the Porto Rlcan
cigar will crowd the Havana oat of
the market here.
"We have S50 public schools now in
operation and the children are beta:;
taught English as well as Spanish.
Few Porto Rlcans speak English. In
the lower branch of the Legislature
alLthe. debates are in Spanish.
"There are fewer Americans on the
island than there were a year ago,
but all decent Americans who went
there with capital have done welL"
A Distinguished P'rjest.
NEW YORK. Aug. L Mons.
Battista, Scalabrina. Bishop of
Piasensa. Italy. Is expected to arrive In
New York tomorrow from Genoa. The
founder of Immigrant Mislcms which
he has successfully conducted since
1S7S. Is one of the most noted priests
in the Italian church. Mons.
will make a tour Gf the United
States for the purpose of collecting
funds with which to carry on his
The Plumbing Inspection.
E. G. Keen, plumbing Inspector, reports
the following work for the latter
half of Jaly.
Number of plans filed. $7; permits
Issued. 6T; inspections cf plashing
aad. house sewers, 254; final certificates,
&4; Eewer connections. 38, Also
I the following totals for the month:
Number of plans filed. 116; permits
tssaed, 11$; Inspections of plumbing
hosse sewers. SftSj aal
Jplorabie and ralaoas, coweojawcaacates, : sewer connections, SO.
An All-Bay Pight In
Wnich the British
SEKERAL KiTOHEHER'S Ml OIASE
LORD MILNER WILL PLAY LIVE
INDUSTRY AGAINST THE
The Johannesburg Mine to Be Re-Besent
opened as a Foil ta
Proclivities Believed the? 'Users
Will Settle Down to Wfer3&
NEW YORK. August Military
situation Is slowly bat spNiy Improving
for British eJearaaoa era.
tlons, says the London eorraepoadaat
of tho Tribune. Various column are
emptying one district after another
and the Boer bands ara aow tlcaJmatad
by the slaughter and eaptuHrof stragglers.
It is estimated that th Bcltlea
are feeding 33.0(H) prteoaata ami nearly
DURBAN (Natal), July . Detetw
received here of what sftamad at Irst
to be a skirmish betweea tho Boars
and a British column near NattRa July
2Sth show that an ftght occurred,
in which the British narrowly escaped
the loss of a gun, of too Sixty-seventh
Field Battftry. Pout hundred
Boors rejieatedly rusbad tho British
position, killing Major 8uwr4
and Gunner Carpenter. TfcV swt wan
limbered up and taken at a gallop for
three miles undor a heavy are. Plva
British wero killed.
LONDON, July 30. The War Office
has recolved the following dispatch
from Lord Kitchener: "Geasral Kitchener,
after a Jong chasa cf Vlljoen's
commando, caught up with It A aaarp
fight ensued. Wo captured a poevpom
and twenty-two wagons aad took
twenty-three prisoners. The British
had fivo wounded."
Will Reopen Johannesburg Mines.
NEW YORK. Jub-M. Tharo Is a
general agreement among thos who
came recently from South Africa that
there will be a change of policy as
soon as Lord Mllner returns and confers
with Lord Kitchener, says the
London correspondent ot the Trlauaa.
This change will be effected by tho
Johannesburg mines. Dr. Jamasoa
considers that a mistake has boea
made in keeping the miners out of
Johannesburg, and that tbfe will be
rectified as soon as Lord Mlfaor reaches
South Africa. He asserts that.ha
true policy Is to concentrate aa adequate!
garrison there aad facilitate ia
every possible way the return of tho
mining population and the transportation
of supplies needed for It Wbea
the way has been opened for the resumption
of ordinary mfalsg operations
in that quarter the Boors will
begin to settle down and earry their
farm produce into market.
If shooting goes oa for a wall la
the Eastern or Western Tramma! or
in the Orange River Colony. It wfH sot
offset the moral effect of the- resumption
of business in th chtaf mtsfag
center. Johannesburg wUt agate b
fully populated and employed, aad
this will be practical ertdeac that
the war has ended and paaca hoea restored.
Guerrilla operations wiB gradually
disappear with adeaaat pobco
work. Dr. Jameson belfevsa that peaea
in this sense Is closed at hsuut aad
Lord Mllner tally uadarstaaAi th
situation. This view I sbaracl by dka
best Informed South Africans bora.
Financial Aid for New Colonies.
LONDON, July 34. The
civil service estimates ask lor 7.-131,910,
ot which G,mjm is
by the Colonial OSes as a grant la
aid of the Transvaal aad Orawge River
colonies. Three mtlttoag of thai wUt
be considered as advance ta th colonies,
to bo repaid oat of the Brat loan
issued by them.
Train robbers- help hr a passenger
train on the BaJilssor aad Ohio railroad,
thirty miles out from Chicago.
Jaly 3L The daring attempt to gt at
the treasure In th express cars wa