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TELEPHONE 365 STAR Business Office VOL. XVI. VERDICT FOR WAILUKU SUGAR COMPANY IN SUIT FOR OVER $35,000 DAMAGES FOR BREACH OF CONTRACT LIBEL SUIT FOR $20,000 ENTERED AGAINST FORMER MANAGER WELLS BY WALDEYER LIGHTFOOT THROWS UP RETAINER. After three hours deliberation the deyer asserted had failed to approve jury in the suit of Carl Waldeyer vs. sites and furnish supplies for a num- the Walluku Sugar Company, which ber of long tunnels in accordance with . , . . . . , . . ... an agreement which was part of the has been tried before Judge Kepolkat miet. wWch Waldeyer wa8 in Walluku, a verdict for the defen- to build the tunnels, dant was brought in last night. The Within the last few days a new suit was for $35,379.8 in Cdamages for complication in the matter arose alleged breach of contract. through the filing of a suit for libel The trial of the case commenced on against C. B. Wells by Waldeyer. November 20, and has continued with- Claim is made for $20,000 by Waldey- out pause ever since. The firm of er who alleges that, in statements Kinney, Prosser & Anderson repre- made in regard to th6 matters Just sented the defendant and Judge Quarles settled through the verdict brought in and J. Lightfoot the plaintiff. W. A. last night, his character was defamed Kinney has spent his entire time on by Mr. Wells, who was, until a few the case in a most painstaking man- months ago, manager of the Walluku ner, the thoroughness with which he Sugar Company. Mr. Wells is at pre- has examined every detail being shown sent in this city, by the fact that he spent nine days In u is understood that, as the result the cross-examination of Waldeyer of a quarrel over the work to be tak- alone. en up in the libel suit. Attorney The suit arose through alleged Lightfoot has quit Waldeyer's servi- breach of contract on the part of the ces, which will leave him in the hands Walluku Sugar Company, who Wal- of the firm of Atkinson & Quarles. oocooccccoccooco CAMPBELL TRUSTEE The contest between R. W. Sningle and Harry Von Holt, for the position ' of trustee of the Campbell estate, was ended this morning by the filing of an answer to the petition of J. O. Carter and Cecil Brown in which the res pondents agree on the selection of Von Holt as the third trustee of the es tate.. The petition was signed per sonally by Princess Abigail Kawana nakoa, Alice K. Macfarlarie and Mu riel Campbell, the other heirs signing through their guardians. This ends the trouble which was first brought up by the petition of HEGtEGT is the most common thing In the world, and causes the most trou ble. To neglect making out your WILL may undo your life's work. Come to us with your WILL TROUBLES. Wo understand the drawing up Of wills, In proper legal form, and we will do it for you without charge, it made oue of tho Executors. Hawaiian Trust Co., Lid., 923 Fori Street AMIkhr K - - T nmnw hlvr.M r A I 1 nw$ ITOAB Mi Princess Kawananakoa and her chil dren that Shingle be appointed trus tee. This petition was dismissed by Judge De Bolt, and an appeal from this decision taken to the Supreme Court. In the meantime .1. O. Carter filed a petition asking that Von Holt bo ap pointed. A motion was entered against this by the respondents on the ground that the petition to appoint Shingle was still before the Supremo Court. Now the whole matter has been settled and the appeal will be withdrawn. In addition to this, other matters in the Campbell family came up before the court. The withdrawal of Samuel Parker as the guardian of Mary Bea trice Campbell was received and ac cepted by the. court and R. W. Shingle appointed in his stead. Best cups of con.ee in the city at New England Bakery. Our Grand Christmas Fair Now In Pro gress LB.Kerr&Go.,Ltd ALAKEA STREET. THIS IS The Star Is An 1 llamas Auditor After a scene in court which might well be styled a comedy of errors, the Supreme Court this afternoon declar ed the contest Detween George Baker and Charles Blake for the office of auditor of Kauai to be a tie, each con testant receiving 425 votes. A new election will be held. The case was continued yesterday afternoon till ten o'clock this morning for a decision on the motion of Blake's attorneys that they be allowed to sub poena the election inspectors of one precinct. Instead of taking this mat ter up In open court the justices re tired to chambers and recounted all the ballots. Decisions were made in three cases, one of which was in favor of Baker and two in favor of Blake. When ihe court met at 2 o'clock Chief Justice Hartwell announced that one 'ballot was very heavily marked for one candidate, and the court was in doubt whether to count it or not. NEGOTIATIONS TO BUY OUT J. A. BALCH WHO HAS HEARD THE CALL OF THE MINES WIRELE SS WIZARD GOES TO COAST TO SETTLE AFFAIRS PREPARATORY TO TAKING t CHARGE HERE WILL HANDLE AUTOMATIC TELEPHONES. m There is pending a change of man- agement in the Hawaiian Telegraph flattering offers from u Nevada mlu and Telephone Company, formerly tho ing syndicate to manage large inter Wireless Te:egraph Company, a change ests there. He "feels again the call that will be regretted because of the of the mines and. as much as he dis- going out of Manager J. A. Balch and a ciiange that will be welcome, since Balch has decided to seek other Holds of usefulness, in that Arthur A. Isbell, Wireless Wizard, is to take charge of the system a system that will sotne- day embrace all the Pacific. If present signs materialize, It was tho Intention of the controll ing Interests not to announce this change, but tho information conies through one who is to some extent In- terested In wireless stock and one who whlie he is consoled by the fact that none other than Isbell s to' take charge, deeply regrets the contemplated departure of the present manager, J. A. Balch, from these Islands and from the management which he has so well conducted. isbell, ho who Installed the more than successful long-distance wireless station at Kahuku, this Island, loft here in tho steamship Claudlne last Friday and took the S. S. Lurline from iKahului tho following afternoon for San Francisco. Isbell, it is reported, went to tho coast to close up his business affairs there and to prepare to return to Ha- wail to take full charge of the Hawa:- lan Telegraph and Telephono Company upon the retirement of J. A. Ba'ch. Balch Is financially interested in the local wireless system and Is, It is said, now awaiting tho closing of a deal by which his stock Is to be purchased, Wireloss stock has boomed since tho incoptlon of tho system in-thoso isl- nnds, nnd, necessarily, thoro is moro or Ions delay In roachlng nn under- standing as to tho price to be paid. THE WAY TO GO Intelligent Progressive Newspaper HONOLULU, HAWAII, THURSDAY, DECEMBER 24, 1908. Ho'refusod to eay for whom it was but asked for argument by the attor neys on their views of the matter. Peters and Davis held that the ballot should bo counted and Watson and Thayer that it should be rejected. The vote, after a short recess, was decided on as valid and then the attorneys found that each side had argued against Its own client. Naturally vnere was laughter. The court decided that the costs of the recount should be equally divided between the two contestants and ad jorned after being wished a Merry Christmas in the name of the local bar by Judge Davis. Only three nuisances In the mos quito breeding line had to be abated last month. Some residents have re ported to the health officers an al most complete absence of mosquitoes. Nearly 700 gallons of oil were used in the campaign in November. MANAGE ran ura Balch Is a mining engineer and has Hkes to leave his ho3t of Honolulu friends, feels that fortune awaits him 0n the mainland. At nnv ,, ' ,,nn) ,,.. lim. n. Bach ,g kel tQ be c11BUIIimiltea. lt , undetoo thilt Be tne banker w0 came , mmB weeJtjJ ,th President Clinton J. Hutchlns, of the Hawaiian Telegraph and 'telephone Company, is tho man who is negotiat ing for Balch's stock. WTlion Taltntl ntnrne trnm the nnncafr ,)e wJn ,n aH probabllty be accom. panled by Chief Electrician Hanscom of the Mare Island Navy Yard who will come to survey for Nnval wire less stations in these islands. Isbell may buy Into tho company, but in any event he will assume the management of the wireless in these l8lal)U8 and of tlle automatic telephone ByBtem wllIt.h Is t0 be installed on 0ahu bj. tl)(J satno conipany. wm, tll0 aulomtc telephono it will be R sInlpo matter tor anyl,ody on this ,Band t0 ring, up WreiogS headquar- terg an(1 gon(j a wroiess to any point on tl)0 nminland COast or to any ship , reach an(l t0 recoive mossages from frIemi8 on other shores and afloat, Halch's management ot tho wireless ,, bc(m hgtorical not only in these islands but In tho world, for it was under, his regimo that Oahu reached out ahd talked with the world and it js owing largely to his careful and energetic enterprise thnt tho genius ot Isbell had opportunity of expression, As previously reported, Hutchlns, as president, has many wireloss schomea n view which someday may otnbraco tho South Seas. 1 B HLLy WW llLJIIMrilEillU HIS JOB OF FERN'S CONTEST Attociatcd Preta Cable to The Star.') BERLIN, December 21. Castro, the deposed president of Venezuela, has virtually abandoned his claims to the office and will not cause trouble for the present administration in that re public. RUEF STILL GETS DELAY (Associated Prese Cable to The Star.) SAN FRANCISCO, eDcember 24. The sentence of Abe Ruef, convicted of accepting a bribe, has been post poned once more, this time till next Tuesday. On that day affidavits will be Introduced In support of a motion for a new trial alleging misconduct on the part of the jurors. BURNS IS FAVORITE iAmndatfd Pret Coble to The Star.) SYDNEY, Australia, December 21. Hugh Mcintosh will referee the great fight tomorrow between Burns and Johnson. The betting here is four to live in favor of Burns. Considerable wagering on tho light has taken place in this city at even money. Some bets have mado John son, who appears to have many admir ers, a slight favorite. The light will bo of twenty rounds duration. Burns gets tho lion's share of the purse, win, lose or draw. READY FOR ACTION tAtnoclaled Prc Culte to The Star.l WILLEMSTAD. Dutch West Indies, December 24. The United States na val despatch boat Dolphin has arrived In this port. The protected cruisers Des Moines is duo to arrive today. I Both vessels havo been sent here to .be on hand In case of international complications over tho blockade of Ve nezuelan ports by the Dutch warships. RAISED TO EMBASSY PEKIN, December 21. Minister Tang cables that tho Washington lega tion will probably be raised to nn em bassy. JT HAS COME. Wo have received that largo ship ment of Tongu Japan rico and we aro selling It fast, as tho domand Is very great. It stiporsedos all others in fla vor and quality. K. Yamamoto, solo agent, Hotol noar Nuuanu. HOME TO-NIGHT THE SUPREME COURT READY TO WHICH MAY RESULT IN A RE CAST FOR MAYOR OF THE CITY The contest against Joe Fern for Mayor will be reopened on Monday morning before the Supreme Court and John Lane stl'.l has a chance to be come the first chief executive of tho City and County of Honolulu. As the result of the motion made this morning by Judge George A. Da vis, Chief JbS.ro A. S. Hartwell con sented to a re-hearing of argument up on the dismissal of the petition. The petition was dismissed on Tues day on the ground that thirty of the petltloners would not combine in their PIPE S ERED FOB HUM D iuiliiii Superintendent of Public Works Marston Campoell has ordered the pipe which will bo needed for Irri gation purposes at tho new Kalihl Park. For several months past tho gang of prisoners which High Sheriff Henry has had at work has been put ting tho park In condition and two months ago had the trenches dug for tho pipe but there was none forth- ro,nB- , Now Campbell has taken tho matter up and will seo that the work Is com - Dieted. He has obtained $50 towards tho needed money from a fund raised some time ago and which Is In tho custody of A. L. C. Atkinson. Tho other money needed will come from the department funds. Mining has always been tho quick and short road to great wealth . Buy "Mayflower" stock. "Buy It now! POWDER Absolutely Pure Tito only baking powtlor mado with Royal Grapo Cream of Tartar Ho Alum, No Lime Phosphate Auk nil iv SECOND EDITION No. 5221 LISTEN TO FURTHER ARGUMENTS COUNT OF ALL THE BALLOTS AND COUNTY OF HONOLULU. knowledge of any one fact alleged in the petition, this opinion being held by Chief Justice Hartwell and Justice Wilder, Circuit Judge Do Bolt, sitting in the place of Justice Ballou, dissent ing. Judge Davis held that, since in the contest for the audltorshlp of Kauai, on the petition of one man, with little showing, the court allowed a recount of all the ballots In the county, it was manifestly but fair that where twenty petitioners showed knowledge of the facts sworn to on information and be- lief, recount should also be granted. CHRISTMAS DINNER. The Alexander Young Cafe will serve a Christmas dinner Friday from 5 till 8:30 at 75c and $1.00. A RELIABLE? REMEDY FOR CROUP. With tho dry, cold weather of the early winter months, parents of croupy children should be on the alert for ominous symptoms. There is no cause for anxiety when Chamberlain Cough Remedy is kept in tho home. If this medicine Is given as soon as the-child becomes hoarse, or even after the croupy cough has appeared, the attack may be warded off. For sale by all dealers. Bensou, Smbith & Co., agents for Hawaii. . TODAY SOUVENIR DAY iian(SQme silk fans clven awav with dollar purchases at Sachs". Dressed dolls with $2 and $5 purchases. CHRISTMAS POPULAR BUY THEM AT '8 Company, Ltd Tho Placo to Buy Shoes. 1051 Fort St. Tel. 2S2. SHOE ARE