If yon want to
JL' Ar" w
Tho lluwiilliin Stiir
Is tho paper thai
Koch Into the bed
homes or llonolul-
day's Nons, to-day
von can find It in
HONOLULU, H. 1., MONDAY, JULY 28 1902
THE TRAMWAYS CASE
ROOSEVELT REBUKES SAMAR
ANDREW WELCH SAILED PAST
JUDGMENT FOR APPEAL
SCHEDULED TO SAIL NEXT
WILCOX AND KALAUOKALANI
Author of the Famous Kill and Bum
Order Is Summarily Retired From
WASHINGTON, July 16. In as exe
cutive order Issued today President
Roosevelt directs that General Jacob
II. Smith be summarily retired from
the active list of the army, as a resui:
of his having directed Major Waller of
the Marino Corps to "kill and burn"
General Smith, who earned the sob
riquet of "Hell-roaring Jake." Is en
loute 10 the United States on a Govern
ment transport &nd will not know un
til he lands in San Francisco that ho
had met the fate with which Prtsldent
Roosevelt threatened General Miles.
The President has power to retire
any officer between the ages of 02 and
SI years, but the power Is seldom oxer-,
clsed. The announcement of his deci
sion In the Smith case caused a decid
ed sensation and surprise, today.
Tho court-martial of General Smith
recommended that he be reprimanded
by the. reviewing authority, in this
case the President.
In a political sense the retirement of
General Smith Is regarded here as an
astute move for the administration.
ROME, July 16. Negotiations be
tween the Vatican and tho American
mission headed by Governor Taft w'er;
abruptly terminated toduy. The Gov
ernor of the Philippines sent In a final
note announcing that tho work of tho
American mission had ceased and th.it
all future proposals must be discussed
at Manila and decided between the
Governor and a papal representative.
LONDON, July 16. John W. Mackay
of San Francisco was prostrated as a
result of yesterday's great heat, and is
now 111 at his home on Carlton-house
Terrace. Inquiries made there tonight
elicited the Information that the ru
mor that Mackay was in a dangerous
condition is without foundation, but it
was added that the doctors have order
ed that he be kept perfectly quiet for
Judge Estee Restrains Two Executions
and issues an Order to Show Cause
An Old Furniture House.
E. C. Winston of Honolulu and D.
A. Hulse ana H. F. James of San Fran
cisco niea a petition in the United
States court on Saturday to have S.
W. .Lederer declared a bankrupt, and
the petitioners secured from Jnuge lJs
tee oruurs restraining the Hawallun
Star Newspaper Association and Jfioit
schiaeger c Company, and the High
.Sheriff, from carrying out executions
issued by the District Court, under
which property of Lederer's hnd been
.seized and was to have been sold at
The petitioners alleged that Lederer
owes Winston $'J37, Hulse 533.50, and
James $12.63. He Is alleged to have
committed acts of bankruptcy in per
mitting the Star Association and Hoff
schlaeger & Company to secure judg
ments against him and allowing the
High Sheriff, to seize property under
executions Issued by reason of such
Judgment for $113.90 and a judgment
in favor of Hoffschlaeger for $97.24.
In addition to the restraining orders
Judge Estee Issued un order to Led
erer to appear on August 20 and show
cause why ho should not be adjudged
a. bankrupt- In the event of his being
declared bankrupt the judgments
Against him become void, and tho cred
itors will share alike in the property
ot the estate.
Lederer"has been doing' a general
furniture business and has an estnb
llshmenl on Beretanla street. He was
formerly at Nuuanu and King streets,
and has been in the business here fgr
Star want ads pay at once.
Service is at
A 923 Fort Stroot
Captain Drew and His Crew Delighted
Over tho Wonderful Burst of Speed
By Their Craft.
The hark Andrew Welch Captain
Drew, arrived this morning from San
Francisco after a splendid trip. She
came down In 13 days. This is a lino
record but Captain Welch Is especially
elated over the decisive manner In
which the vessel out sailed the steam
ship Maroplsu. Both vessels left San
Francisco, July 15, the Welch for Hono
lulu and the steamship for Tahiti for I
the first time as an oil burner.
The Mariposa went ahead of tho
Welch on the start but the Instant the
bark cleared the Golden Gate, she
struck a splendid breeze that filled her
sails and bowled her along at steam
ship time. In fact, the bark n'ot only
overtook the Mariposa, but passd her,
greatly to the delight of Captain Drew
and those aboard with him. I
Tho rest of the trip was uneventful. !
The Welch was rather light, having
about 650 tons of feed and general cargo
for this port.
She brought three passengers, Miss
Marshall Kelser, of Washington, D. C.
J. H. Ramboy and M. J. McLean. Miss
Keiser comes to accept a position In trie
government service. Mr. McLean Is a
former resident of Honolulu while Mr.
Ramboy is from Los Angeles, where he
has been connected with the Western '
Union Telegraph Company for a num- 1
ber of years. He Is visiting Honolulu
on leave of absence. 1
DATE IS SET FOR AUGUST
Official Announcement Made King's
Health Improves Rehearsal of the
LONDON, July 18. An official notifi
cation was Issued this morning that by
the King s command the coronation of
King Edward and Queen Alexandra
will take place August 9th. Two re
hearsals of the procession from Buck
ingham Palace to Westminster Abbey
took place this morning and the officials
of the various state departments con
cerned In the Abbey ceremony nre again
busy with preparations for tne crown
ing. COAVES, Isle of Wight, July 18
A bulletin Issued this morning by the
King's physician says: "The King con
tinues to make satisfactory progress.
He is benefiting in every way from the
change. His majesty sleeps well and
Is able to have his couch placed upon
the "open deck during the greater part
of the day."
WASHINGTON, July 18. Unless
Whltelaw Reid changes his 'mind, there
will be no special representative of tnts
United States at King Edward's coro
nation next month, and Mr. Choate will
attend in the usual form. Reid has
notified tho State Department that he
Intends to sail for the United Sates on
the 26th Instant, and of course the
special embassy will be broken up.
PERTH (West Australia), July 16.
Sir Arthur Lawley, Governor of West
ern Australia, has accepted the Lieutenant-Governorship
of thf Transvaal
Colony. He will start for South Afri
ca August 5th.
Sir Arthur Lawley, who Is In his for
ty-first year, was formerly a Captain
in the Tenth Hussars, and married An
nie Allen, daughter of Sir Edward Cu
nard, In 1885. From 1802 to 1896 ho was
private secretary to the Duke of West
minster. In 1896 he was appointed sec
retary to Earl Grey, and in November
of the same year he assumed the office
of Deputy Administrator for Matabele
land. In their report for 1897 the di
rectors of the British South Africa
Company say "ho has discharged the
duties of that position with conspicu
ous tact and ability." In 189S he was
appointed to the position of Adminis
trator of Matabeleland, with a resi
dence at Buluwayo. Last year he was
appointed Governor of Western Aus
tralia, and his promotion comes as a
Recognition of his able administration
of public affairs.
Honolulu people who are going
abroad can have the Semi-Weekly Star
mailed to any address for the small
sum of twenty-five cents a month. The
Semi-Weekly Star contains all the local
news of Importance, besides the dally
Star want ads pay at once.
Sets ot various styles and
prices, plso extra wooden
rackets such as used by ex
perts. 6 POTTFR CO,, LTD
UNION AND HOTEL STREETS
CO O T
ANOTHER SENSATIONAL MOVE IN
THE REBECCA PANEE
HOW SHE WAS INDUCED TO SIGN
Judge Gear, Attorney Davis nrtd Dr.
Wnyson Met With Her Whn Her
Attorney Fitch Was 111.
Col. Tom Fitch this morning made
another elfort to reopen the Rebecca
1'aneo spendthrift trujt case, filing In
the Supreme Court an affidavit in
which sensational statements are made
as to the reasons why Becky Bishop
signed the trust deed to Dr. Wayson,
Just after she was declared free from
the trust by Judge Gear. It was or
account of this deed, made immediate
ly on regaining her freedom, that the
Supreme Court largely based its deci
sion reversing Gear In the matter. The
Supreme justices said that the deed
itself, the first act ot Becky after lie"
release, showed that she was not com
petent to manage her own affairs, and
a decision was handed down re-establishing
the trust with J. AMagoon as
The affidavit filed this morning con
tains the sworn statement of Rebecca
Panee that Judge Gear was present in
the office of Attorney., George A. Davis
when the deed u'as signed, and that R
was his presence and fanguuge that
persuaded her that It was to her in
terest to sign the document. She was
Imposed upjn by being induced to sign
a deed essentially different' from the
one she thought she was signing, says
Becky. The affidavit Is In part as fol
lows: That after her discharge by the First
Circuit Court from the spendthrift
guardianship heroin, she was desirous
nr n..Svln7 her nrnnertv In trust so I
that the lots on Maunakea street now
producing, clear of taxes, a rental of
One Hundred dol.ars a month, arJ so
leased as to produce a rental of One
hundred and twenty-five dollars a
month after 1903. could never be sold
or mortgaged durlngihe lifetime of
deponent either by deponent herself
or any trustee, and so that the net in
come thereof could bo enjoyed during
her lifetime, and after her death to go
to such person or persons as she mlsjht
designate by will.
Deponent was further desirous that
enough of the notes and mortgages
belonging to her should be collected 'or
sold at not less than par, to purchase
and furnish a home for deponent, and
that the balance of her property, after
paying her JiTst -debts, should be sold
or collected and Invested and re-Invested
by such trustee, who should pay
deponent the lncoms thereof during
her lifetime and reserve the principal
to be disposed of by will the same as
the Maunakea street lots.
Deponent says that her attorney, Mr.
Thomas Fitch, prepared a draft of a
trust deed embodying the foregoing
points and providing a lump sum of
One hundred dollars as compensation
to such trustee, and five per cent com
mission on collections, and requiring
such trustee to give bonds in the sum
of Five thousand dollars.
Deponent says that she consented
that Dr. James T. Wnyson should act
as such trustee, and that after exam
ining said draft of said trust deed Dr.
James T. Wayson agreed to act as
trustee and provide the bonds requir
ed, as evidenced by a letter from Dr.
Wayson to deponent, the original o"
which Is annexed hereto marked Ex
Deponent says that a day or two af
terwards and after deponent's dis
charge as a spendthrift and while Mr.
Fitch had such draft of said trust deed
for engrossment, he was taken 111 and
confined to his bed at the Moana Ho
tel for several days with rheumatic
gout. Deponent says that while Mr.
Fitch was 111 and on the 25th day of
February, 1902, she received a note
from Dr. Wayson, the original ot
which Is annexed hereto, marked Ex
hibit "B." Deponent says that in com
pliance with the request of said note
she went to the office ot Mr. George A.
Davis and found there Dr. Wayson,
Judge George D. Gear and Mr. George
A. Davis. Deponent says that she has
since been informed that the presence
of Judge Gear at that time and place
was accidental, but at the time she be
lieved and was, from all the circum
stances and from the statements of
Dr. Wnyson and from the language of
Dr. Wayson's note (Exhibit "B,") Jus
tified In believing that Judge Gear was
thero to advise deponent as .to her In
terests and duties in the premises. De
ponent says that she was urged to sign
and acknowledge at once a trust deed,
a duplicate original of which is annex
ed hereto marked Exhibit "C." De
ponent says that she objected at the
time to signing it without first con
sulting her attorney Mr. Fitch, but
she was Informed then and there by
those present that Mr, Fitch was con
lined to his bed -and unable to be' pres
ent, that the' trust deed presented to
her for signature was the same aj the
one he had prepared, and that her in
terests required that she sign and ac
knowledge It at once.
Deponent says, believing their state
ments and' having confidence and talth
in Dr. Waysbn, and believing from the
presenco and languago of Judge Gear
that it was to her Interests to execute
the deed, she did so.
Deponent further says that on the
27th of February, 1902, Mr. Fitch hav
ing that morning been ablo to come
down to his office, she went there and
Informed him of what had been done
and gave him the duplicate original
(Exhibit "C"). That he then Informed
her that the deed she had executed
was essentially different from the one
that he had prepared ; that It gave to
(Continued on page Ave.)
Three Points Placed on Record on
Which Pain Proposes to Continue the
On motion tof the Hawaiian Tram
ways company, by Holmes and Stan
ley, Judgment was this morning enter
ed In the Supreme Court In the matter
of the Rapid Transit Company vs. the
Tramways Company, which was de-
nl .1 1 !.... , . . . fc J ... . . .....
Ifentered, after the rendering of the de
cision, and the defendants wanted a
judgment In order to perfect their ap
peal to the Supreme court of the United
States. The Judgment, entered as of
last March, lg as follows:
"I, That the Hawaiian Tramways
Company Limited has not the right to
lay a double track along King street
In the city of Honolulu from the Wal
l;lkl road to a point near the govern
ment pumping station at Kallhl In the
district of Honolulu, Island of Oahu,
Territory of Hawaii.
"2, That the Hawaiian Tramways
Company Limited has not the right to
Vipernte Its tramway In the city of
Honolulu by electricity or by means ot
any systems that would Impose an ad
ditional servitude on the public streets,
such as the overhead trolley system or
the underground cable system.
"3, That the Honolulu Rapid Transit
and Land Company has the right to lay
a track on und over said King street
between Nuu&nu stream and Thomas
square, and along the snld street for a
greater distance than 1,7000 feet."
.KEOKUK (la.), July 18 Heavy rains
In Central Iowa yesterday and todny
are sending a Hood down upon prosper
ous Missouri farmers that will ruin
them, and causing losses aggregating,
at a conservative estimate, $2,500.00U-.
' to be no hope tonight tor
"' ueiwccii uie Mississippi
river and Its Missouri bluffs, between
Keokuk and Hannibal, 300 square miles
mostly planted in corn, with some
thuosauds of acres of wheat In the
CIRCUIT COURT BUSINESS.
Trial Denied by Circuit Judge
Judge Robinson this morning render
ed two decisions denying motions for
now trials, in the cases of Henry.Smith
vH. the Hamakia Mill company and
Henry Smith vs. Mary A. S. Rose et al.
The motions were by the defendants.
The Judge does not rule as to a con
tention that the Hamakua Mill trial
was void because an'other judge of the
circuit court was holding regular court
when It was held. He says that this Is
a Jurisdictional question, and need not
be considered on a motion for a new
In the case of C. B. Wilson vs. Llll
uokalani Domlnis, in which the Su
preme court a year ppo rever""1 the
circuit court and made an order al
lowing tne illiiibS ot u.i uuieiiuia bill,
the amended bill was filed this morning
It Is an action to declare a trust and to
compel a conveyance.
Judge Humphreys this morning over
ruled the demurrer In the case ofE. C.
Rowo vs. Stanley Stephenson.
W. E. Rowell was uppointed admln
lsrtator of the estate of the late Mal
vlna J. Rowell, under $10,000 bonds.
Emmet May , F. 11. Loucks and John
W. Cathcart were appointed appraisers.
J. U. Unauna, as the "next friend" ot
the late Lolka Paupau, has asked tot
letters of administration of the estate.
It Is valued at $1,400 and the heirs are
a son and daughter, both minors.
THE COAL STRIKE
INDIANAPOLIS (Ind.), July 18. At
the conclusion of a secret session which
lasted the entire afternoon, the rec
ommendations of President Mitchell lor
the management of the anthracite
strike were referred to a special com
mittee, which is to report buck to the
convention when It meets tomorrow
morning. This committee consists of
President Mitchell. Vice-President
Lewis and the president ot each dis
trict which Is taking part in the con
vention. At the conclusion of the session Sec
rotary Wilson said: "It will cost
$500,000 weekly to support all the men
now on strike In the various districts.
An assessment of $1 per week will bring
in Jfjou.uuu a week. This will leave us
$250,000 to ralBe each w'eek from outside
sources, nnd from the promises and
(offers that have been made us we are
confident we will be able to do this."
Tomorrow morning the convention
will be informed by the Colorado dele
gation that tho miners of that btate
have voted to give $50,000 to the cause
o ftho striking miners. It will be
avulluble at totu-e.
SULTAN OF ZANZIBAR DEAiJ.
ZANZIBAR, (East Africa), July 18.
Ilamud Bin Mahomed Said, Sultan of
Zanzibar, who recently was stricken
with paralysis suffered a relapse nnd
died at 2 o'clock this morning. All is
quiet here. The Sultan had ruled rince
1896, In which year he was placed on
the throne by' Great Britain.
MAUNA LOA LEAVES TOMORROW.
The steamer Mnuna Loa, Captain 81
merson, wljl leave tomorrow at noon
for Lahalna, Mnnl&eu, Kona and Kan.
FRUITS AND VEGETABLES
Don't forget Cnmarlnos of the Cali
fornia Fruit Market When you want
fruit nnd vegetables. He always has
on hand a fresh supply ot both Califor
nia and Islund fruits. Telephone Main
SPECIAL SALE OF SILKS.
L. B. Kerr ft Co., Ltd., will have on
how on Monday a grand line of Jnpa.
nese washing Pineapple and Taffetts
Silks. Newest shades, marked from 4(
cents a yard.
Claudlne Takes HUo Run Helene wilt
Take Passengers on First Trip to
morrow for Maui.
On Wednesday afternoon at 10 o'clock
the steamer Klnau will sail for San
Francisco. She wll ltake passengers
nnd height, W. G. Irwin and Company
being the agents. Captain Freeman
will command the vessel on her pre
sent trip. It Is expected that she will
oeupy j) days in making the trip to
the owist, ulthough she could do the
run In much less time If it were de
cided necessary to shove her. The Kl
nau will remain four months in Sun
Franolsco undergonlng repairs and re
novations. Tomorrow at noon, the steamer Clau
dlne, Captain Parker, will go on the
HUo run of the Klnau and will con
tinue In that service until after tho
return of the flagship from the coast.
The Claudlne's regular Maul run Is to
be taken by the steamer Maul, but as
that vessel did not get l'nto port until
yesterday, she will not have time in
which to discharge her cargo of sugar
and then load for the regular sailing
time at 5 p. m. tomorrow.
The Helene will temporarily take the
Maul run, sailing tomorrow at tho reg
ular hour. The Helene will carry the
Maul passengers nnd Kahulul freight
and will also take Hamakua freight.
The Maul will probably be ready to sail
on Wednesday afternoon. She will car
ry the balance of the Maul freight left
by the Helene. and will bring back the
Maul p&ssenfeers .at the end of the
week, while the Helene continues on to
Hamakua and resumes that run.
NEW YORK, Jufy 18. Raw, steady:
tulr ranlni' 2 IH-ldp- porltrlfllirnl.
lest, 3 3-lGc. Molasses sugar, 2c. Re-
CERES AND FLORA
AGRICULTURAL FAIR PROVES A
NOVEL AND COMPLETE
EXHIBITS" ARE VARIED
Old Drill Shed Turned Into a Sweet
Scented Bower Judges Have a Hard
The first Territorial Agricultural
Fair. has proved to be a notable one
not only by the Interest displayed by
exhibitors and the general public, but
through the' variety and quality of the
exhibits sent In from .all over the Isl
ands. One general regret has been
voiced that there Is no foreign steamer
bearing tourists in port at the present
moment so that visitors from the main
land could see the scope of the horti
cultural and agricultural products of
the semi-tropical lands of the United
The exhibits camo In briskly during
the morning nnd by 11 o'clock the ta
bles were well filled with samples of
fruits from below and nbovo the earth,
llowers, ferns nnd grasses. Vnrlous
foods and perfumes prepared from Ha
waiian products formed side Issues to
the main display. A cage of lively ca
naries bred on the islands nnd some
varieties of the Australian staghorn
fern were also brought In. As one ex
hibitor remarked, "all the products of
Held and forest were there, except oko
lehao." Among the special displays, that at
tracting the chief notice, Is tho banked
callndttims sent In by S. M. Damon
from Moaualua. Every variety of tho
graceful heart-shaped leaves seems to
be included in the exhibit which occu
pies the center of the room, and every
shade of crimson to palest pink blends
with the delicate green ot tho leaves.
The miniature forest piepared by For
ester David Haughs was widely com
mented upon and commended. Mr.
Haughs has shown n miniature planta
tion, surrounded by a neat fence, com
plete with wiring and a properly hung
gate at either end of tho plantation.
In a bed ot fre3h green moss, sprigs
ot vnrlous trees are planted, the moss
keeping the leaves green and erect and
the whole being typical of the nursery
plantations from which the forests of
the Islands are replenished. Several
records have been broken In tho size
of some of the trophies. J. B. Ather-
(Continued on page three.)
Made from pure
cream of tartar.
Safeguards the food
Alum baklnp powders are the greatest
menacers to health of the present day.
MOVAl BAKtNQ POWDCR CO., NfW VOPK.
The Delegate Meets With Decreased
Enthusiasm This Year Forty Acre
Promised To Every Nat he.
Delegate Wilcox nnd Senator Knlau
ckulanl are reported from Kauul to b.
touring the Island lor Home Rule, and
meeting with somewhat less enthu
siasm than Home Rulers on that Isl
and showed two years ago. Yesterday
the two leaders were to be at Walinea.
which is the hotbed of Kauai Home
In all of the delegate's speeches, Jt
is said, and especially at Keu.ia and
Knpaa, he nas made references to land
laws he proposes to have eracteu. Wil
cox promises tha: If he Is suit 'o Con
gress auln he will see that every na
tive gets 40 acres of land. There are
about 30,000 natives, and the Delegate
does not say in his speeches where tha
land Is to be.
Wilcox and the Senator aro sxpeotod
to return some time this week. Those
who have attended meetings sny that
1 Is. evident from the temper of the
audlJhces that they have lost ground
LONDON, July 19 Tho Itime cor
respondent of the Dally Chronicle says
the Pope Is intensely ulsij. a, uib
way in which the commission of Car
dinals has conducted the negotiations
with Judge Tuft In the matter of the
frlars In the Philippines.
"I learn 'from an authoritative
skjurce," says the correspondent, "that,
besides annulling tho pioCedute oft the
Commission of Cardinals, the Pope
has summarily dissolved it, expressing
his view that the American demands
were reasonable, and Signifying lsis
readiness to treat with Judge Taft per
sonally." MARQUIS SAIGO DEAD.
YOKOHAMA, July IS. Marquis
Saigo, a distinguished statesman, uled
today of cancer. He commanded the
Formosa punitive expedition, held,
many Important positions and was u.
brother or the hero of the Satsuma re
bellion. TUG FOR HILO.
SAN FRANCISCO, July 19. Yester
day afternoon the steamer Enterprise
sailed for Hllo direct with 300t tons of
freight. The small tugboat Charles
Counselman, recently purchased by
tho Malson Navigation Company -for '
use at Hllo, will be towd tr Kr de
stination by the Enterprise. The raai
sengers sailing were: Mr. and Mrs- -P.
Peck, Miss M. E. le Van. Miss A. R.
Hanlon, Miss H. A. Lang, H. Evans, "
Mrs. I. Kasvaylovlrez, Miss E. Baker,
Weather Bureau, Punahou, 1 p. m.
Wind moderate, northeast; weather
cloudy. Morning minimum tempjrn.-.
ture, 71; midday maximum tempera
ture, 83; barometer, 9 a. m., 29.98;
steady, (corrected for gravity); rain
fall. 24 hours ending 9 a. m .02; dew -point,
9 a. m., GS; humidity, 9 n. m., esr
CURTIS J. LYONS, Observer.
BEST LINIMENT FOR STRAINS
Mr. F. II. Wells, the merchant at
Deer Park, Long Island. N. Y., U. S.
A,, says: "I always recommend Cham
berlain's Pain Balm as the best lini
ment for strains. I used it Inst win
ter for a severe lameness In the side,
resulting from a strain, and was great
ly pleased with tho quick relief and
cure It" effected." For sale by all deal
ers; Benson, Smith & Co., general
For choice up-to-date millinery L. B.
ICerr & Co. are In the front rank. Tho
Paris model hats are certainly crea
tions of extremo beauty.
Life at best Is uncertnln. Protect
your family against that uncertainty
nnd buy a policy In The Oriental Life
Every lady will want a pair
of these slippers. They aro
Queenly in shape and quality.
Made of Ideal Kid with slide
buckle and ribbon bow. Set on
the graceful Louis heel.
$5.00 BUYS A PAIR.
1037 FORT ST.
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