If yon wont to
day's Notts, to-day
yon can And it In
HONOLULU, H. I., TUESDAY, OCTOUER 7. 1902.
LAWYER ACCUSES COLBURN
SWORE TO WHAT
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 ,
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
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.
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.
General Agents for the
933 FORT STREET
And His Work
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
TO SELECT FINAL
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.
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.
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.
L. B. Kerr & Co, have received
special purchase of Mens summer
weight, natural wool underwear. AH
sizes, and only $1.25 "u garment.
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,,
UNION AND HOTEL STB.
PHONE MAIN 317.
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
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 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
The Miller Candy Company will open
tomorrow. Drop In nnd have a free
Lem-o. Opposite the Metropolitan Meat
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
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
"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
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
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
'I had a very enjoyable trip: a very
njoyable stay In Japan: and I am very
glad to get back to Hawaii."
Lem-o given free tomorrow atMlller's
LUNCH ON ANGLIA.
Cable Company Entertains Guests on
,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
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.
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
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
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.
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
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
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.
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.
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
Star Want ads pay at once.
Made from pure
cream of tartar.
J Safeguards the food
Alum baking powders are the eatest
menacers to neaun oi toe present day.
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
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
-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
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
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.
1057 FORT ST.
Star Want, aas pay at once.
would elsewhere. L. B, Kerr & Co,
Queen street. '
ovi bakinq rowre ca, new yok.
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