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. HONOLULU STAK-BULtETIK, FRIDAY, OCTOBER 261917. '
KB STEP PUTS l;l. LITIGATION I Brief is Filed in Supreme Court on Appeal From Utilities Commission's Order ' Following closely on the heels of the record In the litigation, a brief wa filed in the supreme court yes terday afternoon setting forth the Hide or the Interlsland Steam Navigation Co. In the investigation of the con cern recently conducted by the pub lic utilities commission. As the litigation now stands, it is in three courts federal court, on a mo tion lo-dilve a temporary injunc tion; circuit court, on an Injunction, and supreme court, on appeal from a decision by the commission. As re . garda the motion to dissolve the tem , porary Injunction, the utilities commis ; sion has filed in federal court a mo .tion to remand the matter back to cir : cult court. Further argument on the motion was to be had this morning, but owing to the Illness of Attorney It. W. Breckons, was continued until next Monday morning. The following points are made by the Inter-Island In its brief in the court: "The public utilities commission has no Jurisdiction to fix rates and class! fi cat ton for the Inter-Island Steam Navigation Co.. Ltd., or to direct the amendment of Its tariff. "Congrees . having legislated and placed the Inter-Island Steam Navi Ration Co.'s commerce' under the con trol of the shipping , board,- that con trol fjs exclusive. VSo hearing was had as provided in section 2234, and no notice of such hearing given to the Inter-Island Steam Navigation Co.. and the consti tution of the United States requires such notice and hearing before the commission can enter the order made by it. "The notic actually given, as shown r-y the record, was of a hearing under sect ten ?2S5, under which the only power given is that given by section 1233 to make recommendations and br'np cult ' "The, order of the commission is not sustained by the facts found in its decision. The company is entitled to a fair return upon the reasonable pnicci alue of its property used in tb-i service of the public The commission ordered the Inter Island to return to the schedule of freight and passenger rates in effect Mn ,1916,. and secured a temporary in junction restraining '.. the steamship company from refusing 'to -.obey.-the decision. ... ;: (Continued from page 1) . . . il -111. J 1 . - .1 him. Then he had dropped to his doom at the ropes end. -. His body from the moment he struck seemed as lifeless as tbs - stretched rope from which it dangled. hut Rnnftll riv cnnvtilfi1v kirV an A N THREE COURTS HMO PAIR shrugs that caused the Impression that .he was being strangled. His breath ing could be seen under the, black coat he "wore for some minutes. Ver rer' could not be seen even to twitch . a muscle. . - The two men came out together to ' the scaffold, facing the small crowd below who had gathered to witness the execution.. Then they .were turned with faces toward the prison and the cans and straps were hastily fitted. The bodies were cut down after ' H V.4 V 1 it.j Later they were burled in the potters flelL" ." ' V--; '::- History of Crime . ' Tsunetaro Hayashlbara, a -Japanese ; storekeeoer near Kaneohp: vai dmt , and stabbed to death on the night of August 21, after he and his wife had been bound with strips of a kimono sash and led into a nearby pineapple - field. -J x Gabriel verver and Florenclo Bo- neila, who paid the supreme penalty today, ; and Pedro Poras. Amadoro A beta and Isidoro Alarlo all went into the store late In the evening and de manded that the Japanese give them what money he had, The woman tes- unea mat sne was uireatened with a revolver. The money was turned over to inem. xne man and woman were led into the field. The Japanese V4 4 .1 - . and this was done. He started to run . uuuciib biiui mm. verver men ran up and stabbed him. After the kfllln? the Filipinos fled. leaving ine woman in the field, still - bound. She finally worked her bonds loose and went for help.'at the same lime mrorming we police in Honolulu. I PERSONALITIES I CLAUDE BECK, son of Chris Beck, proprietor of the New York barber shop, who was thought to have been killed In the siege, of Antwerp- In 1915. Is alive and well. according to "advices received by Mr. Beck from his daughter in Australia. L. GRIM SHAW, former cashier for the Mutual Telephone Co, has writ ten to friends here that he is soon to be invalided home and should arrive in Honolulu about, the first of the year. He has been 111 for some time due to 'gassing" by the Germans. ; .v .. ' - -f MEMEER OF THE ASSOCIATED ' PRESS. . . 4 " .. ;' The Associated Press is exclus- ively entiUed to the tise for re- publication of all news despatches credited to it or-not 'otherwise : credited In this paper and also -f - the local news published herein. r. tt 1 1 t f Sugar Famine Will Be Relieved, Says Controller Rolph (AiodU4 Prtit bf U. 5. KU Wixt!ns.l NKVV YORK, N. Y.. Oct. 26 Keliel froih the troublous sugar situation is expected within 1 0 days. Gforge 51. Kolph. who is in charge of the sugar situation for the Hoov--bureau, said today that tte prito o? kuar will be eight aud a half or uiw cents a pound. To consider means o' relieving the orld-wide hhortage of sugar the In ternational Sugar commission, headed by George M. Itolph. conferred at length yesterday afternoon and last evening with a committee from the bugar refiuers of America. Until the beet sugar production of the West ani Northwest rea?!jps its height th sit uation 'must remain serious and it wa5 determined at the outset that plans for .'onomizing and conserving the coun try's supply mutt he takeu at once. The purchase of a hundred thousant tons of Louisiana sugar by the Ameri can Sugar Refining company whicn was reported cn Wednesday removed at once more than a third or the prob able crop of that state which Is below the normal anJ estimated at not to ex ceed 275,000 tons. Cuba's remaining suppjy is variously estimated at from 2.").000 to 7S.000 tons and Louisiana and Cuba cannot be counted upon to go far toward relieving the shortage without the beet sugar output which will be above early expectations. Cuba's next crop will come in toward the end of the beet sugar production. By then It Is expected that the situation-will have been measurably reliev ed but meantime conservation Is to be the watchword. SAN FRANCISCO. Cal.. Oct. "26. Food control authorities and dealers here have put a ban .on sugar for Christmas tree ornaments. The loads of cheap" candies which for genera tions have been going jfnto Christmas tree ornaments are to be frowned on this holiday season because of the vi tal need of sugar by the Allies. Man nfacturers say that every effort will be made to conserve sugar. Wheatless Day Proposed Here By Food Board Commission Will Recommend White Bread Be Dispensed ' With on Wednesdays . - M. . - - HONOLULU will soon have wheatless" days, beginning Wednesday, Nov ember 14, and every Wednesday thereafter, 'local hotels, clubs, res ; taurants, boarding houses, cafes ' arid the public in general will use a 6abititute tor white bread i that la. if. they folbaw out a; Tijfcuest .whlcH is to bejnade by thelterrl torlar food commission V -- Decision to request "wheatless" days-In -Honolulu was reached at a meeting of the food commission this morning. A very good corn meal is now being manufactured on Maui and steps are to be taken by the commission to place it in the local market so that it will be available as food. On the Wednesdays designated . the commission suggests that, in place of white bread, the public eat corn meal bread, Graham ; bread, whole wheat bread or rye bread. REPORT IN SMART CASE. DUE TOMORROW That . Attorney Carl - Carlsmith's re port on a-motion for .an allowance of $10,000 year for four year old Rich ard Smart may be filed tomorrow, was the report In local court circles today. Attorney Carlsmlth returned from the mainland last Wednesday after hav ing taken the testimony of Mrs. Eliza beth Knight, grandmother and guard Ian of Ba'jy Smart, who resides in San Francisco. . After his appointment as master to pass on the motion for the. increased allowance, the present annual alloy, once being $2000, Attorney Carlsmlth filed a report in circuit court but with drew It almost Immediately. It has been learned that this report merely was to the effect that he was unable to find sufficient evidence in the re cord Don which to base any definite recommendations.' He was then given authority to proceed to San Francisco to take the testimony of Mrs. Knight RUMORS OF CRISIS IN IRELANDREACH LONDON LONDON. Enz.. OCtr 2b. "ine uhole nf West Ireland is trembling on the verge " of open, armed rebellion against the British governmentr wlres the correspondent of the London Pally Mail from Dublin. This corres nendent insists that the Irish situa tion is verv much more serious than anyone not on the spot believes and states as his opinion that trouble may be looked for unless those who fanned th smouldering spark until a wide spread conflagration of revolt is about to break out are able to quencn u. No others will be able to. he reports. Arthur Griffith, one of the Sinn Fein leaders, denies indignantly that the Sinn Fein organization is being financed by German gold or that the asritation being carried on by the order is In the interest of Germany. SCHOONER IS SEIZED IN $2950 LIBEL SUIT Marshal J. J. Smiddy today seized the four-masted American schooner S. I. Alleard to be held pending the disposition cf a libel suit filed In fed eral court asainst the vessel by Lee Mason, a seaman, who claims $2930 alleged damages. Mason claims he was injured 'while the vessel was at Bea. For personal Injuries he asks $2000 and, among other, things, his passage to Portland. Ore. , THREE INJURED AS RACING LIBERTY LOAN lT(Q)Ki CAR TEARS THROUGH TREES TOTAL EXCEEDS itir nnn nnn lift IW i . i DRIVING at a fat rate of speed a Jen g Kalakaua avenue at o'clock this morning, an automobile containins three, occupants swerved from the road, crashed through two light pol'. and tore its way tor l.'.n feet through a number of small trees, and then turned over E. Irish man, one of the occupants of the car. is at the Queen s hospital in an un ronf ions ondition. suffering from concussion of the brain and a fractured fr.rrm nnri u Holstein who was driving the c3r. is at his home, suffer- ; in? irom a fractured right shouiaer. rr . l : . ,, TJ hi rls-ht eve. which necessitated three stitches, Ljshman. the most baaiy injured oi tlie trio, is in a serious ondition. He has been unconscious ever since the accident. According to witnesses and the re-. port of Motorcycle Officer J. M. Stui-plehc-en. the car, which was No. L'041, and registered under the name of H. II. Smith, of 1222 Kinau street, was tearing along Kalakaua avenue toward town when the smash occurred, near .John Kna road. The car swerved from the road and tore into the two light lles and the row of trees. The ma chine then turned over, pinning the occipants under the car. Residents along Kalakaua avenue, hearing the AS HE CONFESSES TRIPLE MURDER (Continued from page 1) representative of the Star-Bulletin." As Garcia reached the gruesome portion of his story the meeting with Harriet Kunane, the assault and the final killing he rose from the chair in which he had been seated sketch ing the lay of the country in that dis trict, and, using his lead pencil as an imaginary knife and the prison inter preter as the victim, illustrated by separate thrusts the three blows that drove life from the girl. Later in tho confession when he related how he had slipped upon his rival that night in the Sampaloc district in Manila, he showed how he had brought down the death blow upon the victim with a heavy hammer. Details Correspond Details of the gruesome killing of the girl, as well as the whole story of his actions in the last fc years, are so clearly told that there Is little doubt of their authenticity. Attorney Stainback said this morning of the confession that so far as he had gone it checked in every detail with the known circumstances of the case. Question after question put to tho murderer through the interpreter was answered fully, generally at once but occasionally after he had thought back for a second. This latter was in regard tonames of places or dates some time before or affjpr the killing. On if the 4octloir of thi houseaf and othr sites where the murder was committed he was always ready to answer immediately. According to the story by Garcia, his girl victim begged for him to kill her after he had assaulted her, threat ening to tell the police of his crime 1 she lived. "You have dishonored me now," she is said to have told Garcia. "You had as well kill me." ' It is a pity for you to die," the murderer says he told her. "Do not In sist this way. l:at she would not list en to me." Met Her at Dance Garcia says that he had known the girl for some time and that love notes had passed between them. He met her first one night at a dance be ing held at the school. This was in 1914. He had seen her very often after that, he said, and they came to be on intimate terms. They wouli write notes to each other. When Harriet, or Annie as he speaks of her, would go to school he would wait to meet her sometimes. Then she would pass him a note or he would give one to her. The last note was given while she was riding on horseback to school. It said to meet her on Friday. Garcia said he was delighted at receiving this message. Harriet" went with him into the cane field off from the little branch road at a distance of about 150 feet from the main road, he says. She offered no objection to thi3. She told Garcia she could not marry him until she had finished school, though she was willing to dance with him or kiss him. Garcia then made his advances, he says, and pulling out his knife point ed it toward her. She begged him not to kill her and he told her he would not, but she grabbed the knife, cutting her hand. ".My own hand was cut, too," he said today, 4 and commenced to bleed." He then pointed to a small scar on the inner side of the small finger on his right hand. "We are both hurt now," she told him, "You had as well kill me." It was then, according to his story, that Garcia knocked her down and made the criminal assault. The girl resisted stoutly, he says, and her hat and the examination papers she had from school were strewn about in tlie meantime. The first blow was high up on hei breast, the second on the left side and probably only a slight wound. The third time he cut her throat The blood spurted out on him at the first blow, he says. Harriet wore a. silk waist, a Pana ma hat and a blue skirt. The murderer left the scene at once and went over into the canefield by the church, the realization of his crime! fixing itself upon him. The cane was1 high and he stayed for some time until he heard the 'hanawai" or wa ter men coming into the field. When the water began running past him he left. "I was much frightened," he sajs. "I realized what I had done and thought to myself that it was Just my luck to get into such trouble. Blood on Shirt My shirt was covered with blood. It was about 0:";0 o'clock that night that I returned to the camn where 1 REPRIEVE GARCIA f , ,, ... ! ! crash, iumneil from tiW anrt hnrried lout into the street. I.ishman was un- conscious. The nnlirp were notified and the Kmergency Jiospital ambulance was rushed to the scene. Officer Stupplebeen appeared and accompan ied the trio of injured motorists to headquarters. When it was discovered how badly Lishman and Holstein were injured, they wxpre immediately trans ferred to Queen's hospital. Holstein was later sent to his home. Officer Stupplebeen. in his report of the accident, declares that Holstein was apparently under the influence of liquor when the accident occurred, and that the machine was seen at mid night speeding on Kalakaua avenue toward King street. was staying at I'nion Mill I took off the coat and shirt outside the house and went inside. in my undershirt. The others stirred hut were too sleepy to pay any attention." After this he got Tresh clothes and threw the old ones away. He took a bath and about 11 o'clock other Fili pinos came, rousing up the room for a gambling game. The game lasted until morning. The next day. Saturday, news reach ed the camp of the murder. The re port was spread that a Japanese chauffeur stated he had seen a Fili pino in the vicinity about 1 o'clock, but couldn't say who it was. Garcia relates the conversation he had with this Japanese on the day of the kill ing. At 3: .10 Jose Belineuva was placed under arrest. The police walked him around the camp about 4 o'clock that afternoon. Garcia saw him and heard him protesting to the plantation boss against the arrest. Beriong had in sisted Jose was the guilty one. "I saw them put handcuffs on Jose," says Garcia, "and I was afraid, yet 1 knew nobody but myself and God knew the real murderer. On Sunday the police rounded up about 500 Fili pinos who had not been working Fri day. I was among them. "I protested, telling them that they could not arrest me without a war rant. -1 declared I knew the law as to that. They told me to go in and get on some good clothes. I went in and dressed but when 1 came out they had gone." One of the weird features of the story is Garcia's tale of a dream he had. He thought Jose was about to be hanged and he himself rushed to the rescue snd admitted his own guilt. At another time the story spread that Jose had been hanged but was not killed, h fa body Protesting the wrong. 1 Ntai.nbt. urit& Cafcia wm Jn the nilO? jail fcfteV e killing ofnhe Ho nokaa Japanese that he learned Gov ernor Pinkham had commuted the sentence to life imprisonment. When he reached Oahu prison he saw Jose one day. He had known him before on Hawaii when they lived at the same camp. He asked Jose how he was getting along, but Jose refused to answer him, only telling him to keep quiet. "I did the killing and I am willing to suffer for it," declared Garcia, "but Jose is innocent. He Tiad no part in the crime. He should not spend his life in prison. Came Here in 1912 Garcia tells a remarkable tale of his wanderings. These took him first from his home town in the Philippines to many villages there and later here over the various islands, He reached here on the Mongolia, arriving on January 10, 1912. He went to Union mill for two months, Puako for one month, and ; Wailuku, Maui, staying two weeks. He has been for brief stays In Puunene. Hamakuapoko, Haiku, Papaaloa, where he contracted for a month's job of cutting cane, back to Union mill to work a day and leave. He went to Ko hala in 1914, staying about four months, and back to Union mill again. It was this last time that he became acquainted with .Harriet Kunane, he says. Garcia says the awfulness of his crime and the fact that another man was being sentenced for it weighed heavily on him. One time he shaved his head as a form of repentance and those in the village laughed at him. He told them it was cus.omary for him to shave his head once a year. Once some months before the mur der of the girl she. told him to come to her house at 1 o'clock in the night he tays. He went but she was asleep and he returned to camp. Garcia has never been married, he said today. j He told carefully of the killing of his rival In the Philippines. They were both wooing the same maiden, he says, and Gabriel has threatened to kill him. Garcia or Balahadia took the initiative and struck him down at night in a dark street. He was living theu with his parents tt No. 39 Loreto street. In terior 60. Neith -r the girl nor his par ents ever kLew that he was the mur derer. A year later he crme to Ha waii. US. TO NOT RUSS (AssomUd Press U. 8- Naval Wireltu.) WASHINGTON, D. C, Oct. 26. The executive council of the American Federation of Labor today declined to participate in the international con ference of workmen and Socialists, as has been requested by the Russian Workmen, Soldiers" and Delegates' Council. IONS ON CONFERENCE (Continued from kage l.) was the order issued to the sales agents today. Reports from Ililo announce that more than $2w,0 have ieen coiiected in the Crescent v'lty. More detinue details will be received by the com mittees tomorrow morning when tha island mail is received. The subscription lists close exactly at noon tomorrow, and the committed has issued a bulletin reminding all persond who have pledged theselv.e to subscribe for a bond to call at their banks tomorrow and make the first j ayinent. Boy Scouts will be out in full force tomorrow to round up per sons who have lorgotten to make the first payment on their bonus. Every road overseer on Oahu has subscribed to the loan, and every road laborer in the districts of Ewa and Waialua bought a bond. This was due to "the excellent work done by Supervisor Charles Arnold, who tour ed the island Tuesday. Libby, McNeill & Libby have sub scribed $S7oO. This was received from 21 employes. The Chinese-American bank has received pledges from 261 Subscribers since the opening o the campaign. The Rapid Transit company's employes have subscribed for 110,000 worth of bonds, and the territorial teachers subscribed to the amount of $12,000. The Honolulu Iron works report that their employes have subscribed for $9700 worth. The von Hanini Young employes have pledged them selves to buy $S0OO worth of bonds. The array has probably established a record for the amount of money col lected during the period of the second Liberty Loan. Schofield leads the field with $919,300. with the coast de fenses next with $184,650. The figures by organisations were as follows : 25th Infantry 211,300 Coast Artillery Corps 158.650 First Infantry 147,850 Fourth Field Artillery .... 142,000 32nd Infantry 117,700 Ninth Field Artillery 1 13,35o Second Infantry 105,350 First Field Artillery 103.15U Quartermaster Corps ....... 41,950 Medical Corps 27,100 Signal Corps 20,900 Engineers . 19,000 Ordnance Department 10,400 Total $1,266,500 GRAND JURYMEN TO PROBE THREE CASES City Attorney Arthur M. Brown was to present the following ci ses to the territorial grand jury this afternoon or v6811001 William Kemn. charged vith promring; An tone de Mfllo, Jr.. chariedlwlth passing fors 4rfwritirf& HarofiSpiarrisdi IndXsli iord Oakley, charged with first degree larceny. I TOO LATE TO CLASSIFY 1 ; . f WANTED. Woman for housework and cooking. No washing, no children. Apply 777 So. King street, 6927tf POSITION WANTED. A lady wishes employment in office, afternoons. Shorthand, typewriting. Reasonable compensation. Address N, P. O. Box 81. City. 6927 6t SITUATION WANTED. As chaffeur in private family. Expe rienced. References furnished. Ad dress Box 765 Star-Bulletin office. 6927 3t FOR RENT. FURNISHED ROOMS. Completely furnished two bedroom . cottag: in town. Desirable neighbor hood. Inquire No. 465 Beretania St 6927tf FOR SALE. AUTOMOBILES. Ford Touring Car, demountable rim, good condition. Cash or terms. Ap ply B. J. Guerrero, 27 Campbell Block. Phone 5484. 6927tf IN THE CIRCUIT COURT OF THE First Judicial Circuit, Territory of Hawaii At Chambers In Probate. In the . -iter of the Estate of Don ald Francis Nicholson, Deceased. Notice to Creditors. The undersigned. ALICE NICHOL SON, Executrix of and under the Last Will and Testament of Donald Fr ncis Nicholson, deceased, hereby gives no tice to all persons having claims against the Estate of the said Donald Francis Nicholson, deceased, to pre sent such claims, duly authenticated, and with proper vouchers, If an exist, even though such claims be secured by mortgage of real estate, to the undersigned, at 261 Perry Street, Ho nolulu, Territory of Hawaii, or at the offices of her attorneys, Messrs. Thompson. & Cathcart, 2-14 Campbell Block, Honolulu, within six months from this date, or within six months from the day, they fall due, or such claims will be forever barred. And all persons Indebted to said Estate are hereby notified to make im mediate settlement with the under signed Executrix as aforesaid. Dated at Honolulu, this 26th day of October, A. D. 1917. ALICE NICHOLSON, Executrix under the Last Will and Testatment of Donald Francis Nicho!son. deceased. THOMPSON & CATHCART, 2-14 Campbell Block. Attorneys for said Executrix. 6927 OcL 2i. Not, 2. 8. 1. 23. "131 for Tell us what day to deliver It. A coalition government has been formed in South Australia, the liberal members being Mr. Peake. as premier, Mr. Butler and Mr. Rice, and the. na tionalists Messrs. Styles. lilundefl and Jackson. The portfolios have not yet been allotted. 29.0AM have passed through the Palmer Chiropractic College free clinic ilncn May l, 1909. These all represer1 "baffling, difficult. Incurable or unusual cases" all represent failures und r medical trertment. Why don't YOU see a Chiropractor? . F. C. MIGHTON. D. C. 204-5 Boston Bidg. (Over May's) WW Just Opened THE1 CHERRY 1137 SPREADING 44 Take the Cause of Education. ' i ' . . - ' ' ------ ff " Xot many years ago. Northwestern , tfnivprsity at Kvanston, 111., brought down criti$m jy engaging1 in a paid adve'ftltfngTT' campaign in the newspapers ; ' "'.".. ... i - V- .. -r ;'., , "But the ethics, of this are now recog nized. "The time is coming when every uni versity will advertise as part of its business necessity." Scribner's Magazine. ' Paid Publicity Will Do It. The general circulation of the 'TOOfi" Star-Bulletin for Oct. 22 was These ; 1"'' Fabrics ,;,:vf 6KrS.! A vp A ll Star-Values Beautiful fabrics in a great variety of weaves, colors, and all white materials of fine sheer weaves and depend able quality. Full pieces and remnants are included. All priced for a sweeping clearance, first here first served. Floral Batiste, 29 inch, stripes and floral patterns, 7 yards $1.00. k V . .'Uj-inch Colored Dress Linens, fine quality, light weight, $1.00 per yard. ,'JG-inch Wash Skirting, stripes and sport effects, ox,2 yards for $1.00. -"O Fancy White Dress Goods, Lawns, Voiles, MatH Crepes and embroidered Swiss. Regular price 20c to 35c per yard. 8 yards for $1.00, 7 yards for $1.00, 6 yards for $1.00, 3 yards for $1.00. ;K3-in Brocaded Delphia Silk, in all the leading shades. 2 yards for $1.00. MONDAY DOLLAR DAY SAC Hotel, near Fort St. WRAPPED AS SOON AS BAKED. for the 'tween meal sandwiches x the growing boy Phent .1431 Walter Long, colonial aeeretary, has telegraphed to the governor of Hong long that the operation of the military service bill now before the local legis lature should" be limited to the dura tion of the war and for six months af terwards, t CAc& ... . . Oriental Silks and Silk Crepes just arrived. Nor on display at onr store. ODO SHOTEN Hotel St. near Nuuan Fort St. EDUCATION i:. V VI Goods