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If yon wont to day's Notts, to-day yon can And it In THE 8TAH TTTT? TAR. i 4 HONOLULU, H. I., TUESDAY, OCTOUER 7. 1902. No 3292 VOL. X. FIRST EDITION HAWAIIAN 8 J .Si (i 'Mr- LAWYER ACCUSES COLBURN SWORE TO WHAT .UNTRUE SAYS STANLEY AFFIDAVITS FILED TODAY IN WHICH IT IS CLAIMED COLBURN WAS AWARE OF PENDING SUIT AGAINST KAPIOLANI ESTATE. Ex-Judge W. L. Stanley swears that John F. Colburn, manager of the Ka plolanl Estate, swore to the thing that is not In his allldavlt yesterday In sup port of a motion to reopen the default in the case of M. S. Grlnbaum & Com pany vs. the Kaplolanl Estate. Stan ley this morning filed a counter affida vit In which he declared that Colburn swore to what was untrue, knowingly, and A. Gartenberg filed another affi davit contradicting the statements made by Colburn. The default against the Kaplolanl Estate was for about $900, In a suit brought by Holmes & Stanley, for M. S. Grlnbaum & Company, the defend ants falling to file an answer to the suit within the time limit provided by law. Yesterday Colburn filed a motion to reopen the case, stating that he had u dnfpnsp to make, and that the only reason why he had allowed it to go by default was that he had forgotten to file an answer. In his counter affidavit .Turtcre Stanley says: "That the affidavit of John F. Col burn filed In this court on October 3rd, 1002, Is and was to the knowledge of the said John F. Colburn at the time of deposing to the same, raise ana un true In so far that It states that 'de ponent entirely and absolutely forgot the subject of said paper (copy of sum mons and complaint) and of said action until the third day of October, 1902, and that deponent's attention was on th hum third day of October first call ed to said papers and the subject of said suit Rafter the 12th day of Sep tember), and that said subject was first nfter such last mentioned date re called to the memory of this deponent by one of the clerks in the office of said defendant who then and there; to wit, on the said third day or uctooer, re nlirtp.l tr .this deponent that defend anfa tlpfault had been entered in said action, and judgment rendered against said defendant In pursuance of said de fault;' and also insofar as It states 'that deponent's entire forgetfulness of the fact of the bringing of said action is the sole reason for the failure of the said defendant to appear and answer the same prior to the return day here in.' "That on or about the 15th day of September, 1902, and In the forenoon of said day, this deponent met the said John F. Colburn on Kaahumanu street in Honolulu on the sidewalk outside the office of Schaefer & Company and that a conversation in reference to the bringing of the said action took place between deponent and the saw jonn , Colburn." Thn affidavit says that Colburn dls onssed with Stanley the compromise of the suit by payment of ?5U0, and tnai Stanley opposed the compromise. Stan ley avers that twice: during the week beginning with September 22 he dis cussed the matter with Colburn, and that Colburn admitted the defendant corporation's liability and never dis puted It up to yesterday, when he filed the affidavit that is said to contain the false statements. The affidavit of A. Gartenberg, of Grlnbaum & Company, states that he mot Colburn on Friday, September 26, and again on Tuesday, September 30, and that the suit against the Kaplolanl Estate was discussed both times. The subject was brought up by Colburn, says Gartenberg, the manager of the astate, referring to the compromise of fer and asking if Stanley had told him of it. Gartenberg replied that Stanley had advised him to reject it and that he had followed his attorney's advice. TRYING CHINESE BARBERS. Five Chinese barbers are being tried by Judge Wilcox this afternoon to an swer to the charge of having violated the Sunday law by running their places of business last Sunday. BBflXBflflBBBEBff BBXBBflflBflBBflRBflBBfl s 0 B Accident Insurance, Helps the Pain You won't suffer so much If you have a good policy to think about while you are re covering from the accident. Helps you pay the Doctor's Bill and have necessary things too. Take out a policy In the Standard. Accident Company. 3 M m S M H n B General Agents for the Hawaiian Islands, 933 FORT STREET WAS S IIUUB M H eoooooc Color Artist And His Work on Kilauea W. A. Seville,' a. color artist who has been spending some months on Hawaii, Is the latest artist to attempt a picture of the volcano Kilauea. Seville went to the volcano when it broke out the last time, and made several canvases, which are highly spoken of by people who have seen them. One is a small picture Intended to be In a frame illuminated ,and it shows a most brilliant effect when lit up. Seville's pictures show near ly as much color as those of Hitchcock, made during the eruptions of years ago. The artist has made one large painting of the last lava How, and will send .It to 'Honolulu for exhibition. It is 4 feet by G and is expected to attract much atten tion. These are the only paint ings of 'the last eruption, and the only ones made of Kilauea for some time. The artist has also made a number of small paintings of scenes about the volcano. eoooococooooooooooooocoooe TO SELECT FINAL STATION SITES DICKINSON WILL SOON LEAVE FOR MIDWAY AND GU'.1 Selections of the final station sites for the American Pacific cable will shortly be made by S. S. Dickinson the special representative of the Mackay company, who has been In Honolulu for some months past. A successor to Mr. Dickinson at this place has already arrived and will take charge of the cable company's interests upon Mr. Dickinson's departure. Mr, Dickinson is now awaiting the arrival of the cable ship Colonla from laying the cable from victoria to a point with in five miles of Fanning Island. Mr. Dickinson will take passage on the Colonla from Honolulu and go at once to Midway Island -where he will select the landing site for the cable. It Is more than likely that he will fol low the report and suggestions of Cap tain Pond who surveyed the island for the government in 1900. From Midway Island Mr. Dickinson will be taken to Guam and finally to Manila, for the purposes of selecting the landing sites at both of those places. From Manila, the Colonla will go at once to London and receive the cable which will be laid from Manila to Guam The S. S. Anglla which Is now In this port and which is to complete the Vic toria cable from Fanning islands to Fiji will go to London as soon as this work shall have been completed and there receive the cable which is to be laid from Honolulu to Guam. The Colonla Is expected within a week or ten days. 'She is expected to sail from Honolulu for Midway island about October 20. GRAND CONCERT. Franz Wllczek, the famous Austrian violin virtuoso, will appear in the Ha wailan Opera House, Tuesday evening, October 14, at 8:30 o'clock, In a grand concert program. He will be assisted by Mrs. G. W. Macfarlane, a local sop rano, and Hugo Herzer, a prominent Baritone soloist. Mrs. Tenney-Peck will be the accompanist of the evening, Concert under the direction of W. D. Adams. THOMAS MAY ARRIVE THURSDAY The transport Thomas may arrive Thursday morning from San Francisco with General lilies aboard. She whs to have sailed from San Francisco Oc tober 1. This will mean that she will bring four days later mall and news files. General Miles Is on a tour of In spection of the American forces and military stations in the Philippines. HYGIENIC UNDERWEAR. L. B. Kerr & Co, have received special purchase of Mens summer weight, natural wool underwear. AH sizes, and only $1.25 "u garment. FISHERMEN Would do well to Inspect our line of tackle. The most com plete line of anglers and fisher men's supplies In the city. Surf Rods, 21 feet, etc. PEARSON & POTTER CO,, LIMITED. UNION AND HOTEL STB. PHONE MAIN 317. GIVEN ON HUNDRED INSTEAD OF FIVE SUIT FOR FALSE IMPRISONMENT WRITTEN EVIDENCE IN A CASE IS LOST FISHING RIGHTS BEING ARGUED BEFORE COURT. Judge Robinson this morning decided the case of Ah Hlng vs. Ah On, a suit for $5,000 damages for false imprison ment, awarding $100 and costs to the plaintiff. Some time ago a default was entered against the defendant, with the result that George A. Davis and the judge had a lively discussion, and this morning Davis filed a motion to reopen the default and an appeal from the Judgement of the court. Davis claims that the court denied him a jury trial when he had a right to such a trial, and excepts to the rulings of the court on other legal grounds. A copy of the stenographers' note book used by Miss Francis Washburn, formerly court reporter of the Fourth circuit court has been sent to Henry Smith, to be forwarded to Miss Wash burn, In Tennessee, In order that she may make a new transcript of the evi dence In the case of the Hawaiian Trust and Investment Company vs. Annie A Marton et al. The evidence has been lost, any It Is expected that the' steno grapher will be able to read her notes and write it out again. The case was heard In September, 1901. William Hutch and Fred Harrison have filed their final accounts as exe cutors of the will of Robert Gustav Rabe, deceased, and asked for a dis tribution of the estate. The fisheries rights cases were ar gued all this morning In the Supreme court, A. G. M. Robertson, who appears for the government, taking up most of the time. The bHpfs submitted will be very numerous, as most of the law firms in the city are Interested and many at torneys want to file briefs. J. A. Ma goon, W. L. Stanley, A. Lewis and H. ! A. Blgelow have already been glvpn permission to file' briefs, in support of the contentions of Hatch and Sllllman, who represents the parties Interested In the test cases now before the court. In his argument this morning Rob ertson dwelt largely on the form of the land patents on which fishery rights claims are based, and discussed titles dating back to the days of the old land commission awards. He claimed' that the records showed the fishing rights titles by 'the plaintiffs were not vested rights at all, F. M. Hatch began the answer to Robertson. Hatch also went ' into old-time titles, discussing the na- ture of the rights held by chiefs who njoyed the possession of lands under the Kings, 'before the land commission awards. He said they were vested ights. even though the monarch might at any time take them away from the chiefs. Hatch contended that tne titles to the private fishing grounds were Intended by Congress to be pro tected. "Congress regarded them as vested rights," he said, "and to declare now that they are no rights at all is to endeavoring to defeat the very ob ject of the provision which Congress made regarding them. Macoon claimed In his argument that the territorial government ought to be willing to pay for the fishing rights, and that this was what Con gress contemplated. He said mat tne title to the rights was very clear, anu that he was surprised that the govern ment opposed the suits brought to es- ibllsh the rights. . A NEW SEWER. At the Frequently Flooded Pllkol and King Street Crossing. A sewer Is being laid across Piikol street and down the extension of that street to carry away the fioods that with every rain sweep down that street and make a mill pond at the Pllkol and King street crossing. More than once during the past year following a heavy rain the street nt this point has been so deeply Hooded that it was impossi ble to cross Pllkol street on King street afoot, and not altogether pleasant In a vehicle. The tramways system has been deranged .by the great quantities of mud nnd gravel brought down by these Hoods and deposited on the track at this point. Efforts have been made by means of open ditches to do away with these Hoods, but without avail, and now a storm sewer about two feet and a half In diameter Is being put In TENNIS. The Beretanla Tennis Club's Invita tion tournament will begin ut 4 o'clock tomorrow afternoon. The entries close at 5 o'clock this afternoon at Pearson $ Potter's. The tournament Is open to members of any club and a cordial Invi tation Is extended by the Beretanla Tennis club to nil such to enter. MRS. JOHN BAKER DEAD. A report brought from Hawaii this morning by the steamer Mauna Loa states that Mrs. John Baker of Hllo died at Honokaa yesterday. No detulls of her last sickness were learned. THE ENGINEERS. The Honolulu Engineers Society at Its meeting last evening Heard papers and Indulged in discussion on the follow Ing topics: "Steaim Turbines," W. E, Skinner; "Consumption of Bagasse," A Connon. C. A. Musgruve, C. K. Simp son and 'S. J. Carter were elected to membership. TOMORROW. The Miller Candy Company will open tomorrow. Drop In nnd have a free Lem-o. Opposite the Metropolitan Meat Company. MILLINERY. In our millinery department we have a choice assortment of the newest novelties. An up-to-date hat trimmed to order costs just half of what It TUOUSAND ONLY AGRICULTURAL LABORERS F J JARANESE GOVERNMENT SEES TO 1 THAT NO UNSUITABLE MA TERIAL FROM THE TOWNS IS ALLOWED TO EMIGRATE. iV. K. Ozawa, who has charge of the Planters' Labor Bureau, returned yes- terdliy by the Coptic from a pleasure trip .to Japari. Thlsnvan the first vaca tion he had had for nine years, and he expresses himself as having thorough ly enjoyed his trip. "I paid very little attention to busi ness,"' said Mr. Ozawa, "but some things I learned that are of interest here The emigration of Japanese la borers from the agricultural regions to Hawaii is likely to continue. I sup pose there is hardly a prefecture in the agricultural regions of the Empire that has not had some representatives among the laborers who have come here. Some of these have returned, all have written. So that wherever you go, In tht rural districts In Japan the peo ple know more or less about the Ha waiian Islands, and the work that goes on hre. In fact they are pretty accu rately Informed on the subject. They know that If they come here they can get work on the plantations. So they do nut hesitate to dispose of all the property they have there If necessary to make up a sum sufficient to get them here. Some of them have little farms. These they dispose of If neces sary to get here. In a good many in stances individuals who have been iieru tueiure reiuru uguiu iu nuvmi. Thus while the Japanese knows that If he comes here he can get employment, the plantations can feel equally sure that whatever laborers come are from agricultural districts and are agricul tural laborers, for the Japanese gov ernment keeps a strict control of emi gration and does not permit the loaf ers from towns and cities to emigrate. Japanese from cities and towns may be allowed to emigrate, but not to emi grate to Hawaii, for it Is known by the Japanese government that what are wanted here are essentially agricul tural laborers. "It does not appear exactly how many emigrants per steamer the Jap- anese government are willing to allow! to come here, but it seems about -00 men. rtoir.en and children p.r stealer as a maximum, and whatever the limit fixed, no more passports are issued Every steamer returning takes on an average of 150 Japanese back to the empire so that there is a constant cur rent of outgoing and returning labor ers. So long as this continues, pretty exact Information as to conditions here w 111 be held both by the people at large , nn nv thn pnvprnniflnr. nd by the government The effect of this returning stream r'.:"1" , "le u,a,,e u ",e,,lse "1 OM cviueui. iuu tuiniui S" "l",ed two vears ueo y little country village but you will Who new voters ii- lime country village uui you win una some eviuence oi tne imiuence in s ; emigration and return has had. It is shown too in the more venturesome spirit shown by the Japanese, of which the Marcus Island Incident Is but an Illustration. , 'I had a very enjoyable trip: a very njoyable stay In Japan: and I am very glad to get back to Hawaii." LEM-O. Lem-o given free tomorrow atMlller's Candy Company. LUNCH ON ANGLIA. Cable Company Entertains Guests on Board Ship. ,V number of guests were entertained innh.n .h. n,w. ,i a n . at luncheon aboard the cable ship An glla today at 1 o'clock. They were the guests of the Telegraph Construction and Maintenance Company, Captain Leach the commander of the vessel, acting as host. Luncheon wns served In the dining saloon. The tables were decorated with plants and llowers. Chief Steward G. Caddy had provided a fine menu, most every thing being from the well stored lurder of the vessel. Captain Leach is -well known In Honolulu as a graceful host. He presided today and mnde some very appropriate remaks on be half of the cable company. Remarks were made by various persons present. After luncheon, the guests were shown about the vessel and the numerous in teresting features of the cable ship ex plained to them by Captain Leach and his olllcers. The list of guests present was Gov ernor Dole, Captain Whiting, Captain White, British Consul W. F. Hoar, Miss Hoar, F. M. Swanzy, Mr. and Mrs, T. Cllve Davles, Commander Von Burskl nnd Lleutennnt Von Dlepen of the Ger man cruiser Cormoran, S. S. Dickinson, Judge and Mrs. Estee, E. R. Stackable, Mr. and llrs. L. A. Thurston, Dr. Bobdy Mr. Harrington and Major and Mrs. Davis. STRICKEN WITH PARALYSIS. Henderson Grlmett, of this place, was stricken with partial paralysis and completely lost tho use of one arm and side. After being treated by an eml nent physician for quite a while with out relief, mv wife recommended Chamberlain's Pain Balm, and after using two bottles of It he Is almost en tirely cured. Geo, R. McDqnald, Man, Logan Co,, W. Va U. S. A. Several other very remarkable cures of partial paralysis have been effected by the use of this liniment. It Is most widely known however, as u cure for rheuma tlsm, sprains nnd bruises. Sold by all druggists. Benson Smith & Co., gen eral agents. FRUITS AND VEGETABLES. Don't forget Camarlnos of the Cali fornia Fruit Market when you want fruit and vegetables. He always ha on hand a fresh supply of both Califor nia and Island fruits. Telephone Main LOOKIN Frawley is Successful in Yokohama The Nelll-Frawley company which went to the orient on the Korea met with an enthusiastic itceptlon and a crowded house In Yokohama where they pre sented "Secret Service" on the night of their arrival there. The Japan Dally Advertiser devotes two columns and a half to re view and criticism of the play and company, beginning thus; It is perhaps the highest praise to say of the Nelll-Frawley Company, which produced "Se cret Service" at the Public Hall last Saturday evening, that they converted, for the time be ing at least, many an avowed foe of melodrama. "Secret Servlcj" certainly Is a melodrama, though It contains several agreeible de partures from the rut and dried Adelphl pattern, beloved of the Olympians. Saturday's audlencu one of the largest that has ever assembled In the Public Hall, was quite prepared to ba amused by what might ba In tended to Impress, but all were satisfied with the show. KGOGOOOGOCOQOOOOGOQOOOOC ADDEJTJ ROLLS PORTUGUESE ARE BEING MADE AMERICANS TWENTY APPLICA TIONS MADE THIS MORNING. The heavy naturalization business keeps up in the United States District Court, a large mujoiltv o the appli cants being Portuguese. There were about twenty applicants for citizenship tta.S b qUM8 add.jd to the rolls "",",-T-,nLnl,,l!f nit- SUP of voters in Honolulu daring tlie" pasf six Weeks between 160 and 170. Nearly all of the applicants are Por tuguese, and with the 100 who voted last time, the number promises to bring the total Portuguese vote in Ho nolulu up to about 300. The Portuguese who voted last time, however, appear i to have gone away, or to be very backwar(f about registering, and those . ..... - I who are watching the pruipeots for the Portuguese vote, nre woiiuiiiing what ihas become of the voters who register- h . ,QD n i.o,, , i. ftImost who Hepubilcan. Most of them are Portuguese who might have voted last time, if they had become citizens. There are three more days for regis tration, and It is expooteJ Uinc the na turalization business will keep up lo the last. The leaders in the Portu guese Political Club show much inter est in the work, and are dally bring ing countrymen Into court, whers they pass very satisfactory examinations. BIRTHDAY LUAU. WAIMEA, Hawaii, October 4. Mr. and Mrs. S. Manuka-Spencer gave a luau last Tuesday in celebration of their daughter Jeanette's seventh birthday. Among the Kiiests were Princess Kalanianaole. Mrs. Cockett, Miss Jones and Sheriff Andrews. THE WEATHER. Weather Bureau, Punahou, 1 p. m. Wind, light south; weather, clear. Morning minimum temperature, 07; midday maximum temperature, S2; barometer, 8 a. m 2U.94, steady, (cor rected for gravity); rainfall, 24 hours ending 9 a. m., .03; dew point, 9 a. m "0; humidity, 9 a. m 78 per cent. CURTIS J. LYONS, Observer. INSURANCE AGAINST ACCIDENT. The Standard Accident Insurance of Detroit Michigan, is represented in Honolulu by the Hawaiian Trust Com pany. Tho Standard writes personal accident and sickness insurance for men In all lines of business, as well as employers' liability Insurance for all employers of labor. The Standard Is one of the leading companies with as sets of nearly a million and a half. Keep your Insurance money at home and buy a policy in the Oriental Life Insurance Company. Star Want ads pay at once. Baking Powder Made from pure cream of tartar. J Safeguards the food against alum Alum baking powders are the eatest menacers to neaun oi toe present day. W CT S DOB SAILS' W3M AFTER CRUISER NEW YORK ON HEIC WAY TO HONOLULU VESSEr, WILL REMAIN A FEW DAYS' ; BATTLE OF SANTIAGO, ' The cruiser New York will call at - this port next month. Captain Whiting .,(-' received word by the Coptic yester day from Admiral Rodgers the com-'v iq mander In chief of the American Nuvat' forces In the Asiatic station, that the -New York which is the Admiral's , flag ship, would arrive at Honolulu on or about November 12. A request was made for reservation at one of the No- val wharves where the New Yorlc could be coaled. Admiral Rodgers will leave the Asl-, atlc station shortly and go home. His! placo ns commander -will bo taken bvi Admiral Robley D. Evans, "FlghtInB Bob" who Is now In the Orient. In fact Admiral Evans Was reported to havo started up one Of the Chinese rivers for the purpose Jf Investigating an. uprising of Boxers. He had gone on the gunboat Helena having transferred his flag from the battleship Kentucky to the smaller ves sel as the battleship could not go up the river. Admiral Rodgers of the cruiser New York will stop at Honolulu a few days, coaling his ship nnd from this port wilt go to San Frnnclsco. The New York Is to go out of commission soon aC ter she reaches the Coast. She may be sent to More Island but local naval people think It more probable that she will go to the Bremerton Navy yard. The advent of the cruiser New York; will cause much Interest. Next to the battleship Oregon nnd cruiser Brook lyn, she Is one of the best known ves sels In the American navy. She was Admiral (Sampson's flag ship during; the battle of Santiago. She wns like Job's warhouse on that memorable day. She scented the battle from afar as it were, and managed to come up in time to be- in after the death of the Spaniard. -TJie-crulBcr'-wlll be the first large war' ship to enter this harbor. A reception will probably be given aboard during; her visit iif'Honolulu. LOST HIS LIFE. Peculinr Drowning of Japanese Fisher- -man at Punaluu. News of a very peculiar drowning at Punnluu was brought this morning by the steamer Mauna Loa which arrlvedi from Hawull ports. On last Sundny, three Japanese were fishing along the shore at Punnluu. They waded out a short distance. A big wave came in and broke over them before they, rea lized Us presence. Two of the Japanese had no trouble In getting ashore. They were greatly astonished and alarmed when they saw nothing of their com panion. They waded out and tried to find him but no trace was secured. A native wus sent to search for tne missing man. Diving, the nntlve dis covered the body of the missing Japa nese on the bottom, about five feet be low the surface. The left foot of the Japanese was firmly wedged between, some rocks, thus preventing his escape. The unfortunate man had been helpless in this position. Just how his foot came to be wedged between the rocks is not certain. It Is thought probable that the wave threw the Japanese to the bottom nnd the force of incoming wa ters wedged the man's foot In the rocks. The native dived and recovered the body of the Japanese. HELD TO ANSWER. AkonI Au, a Chinese, was committed to the Circuit Court this morning by Tiulir WIVnv in nnawpr to the charge of araon The Chinese was accused of settn(? nre to the Manoa cottage of Mrs. Kuamoo. READY FOR FOOT-BALL SEASON We've got a swell shoo for foot-ball players. Bet ter come and see it, niado of heavy tan leather, solid toe and strongly reinforc ed. It is the regulation foot ball shoo. The price is 3.50 Gyniasium Shoo too como and see theiu. li COMPANY, LIMITED 1057 FORT ST. m "8 4 4 378. Star Want, aas pay at once. would elsewhere. L. B, Kerr & Co, Queen street. ' ovi bakinq rowre ca, new yok.