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 $20,000 by Waldey-
out pause ever since. The firm of er who alleges that, in statements
Kinney, Prosser & Anderson repre- made in regard to th6 matters Just
sented the defendant and Judge Quarles settled through the verdict brought in
and J. Lightfoot the plaintiff. W. A. last night, his character was defamed
Kinney has spent his entire time on by Mr. Wells, who was, until a few
the case in a most painstaking man- months ago, manager of the Walluku
ner, the thoroughness with which he Sugar Company. Mr. Wells is at pre-
has examined every detail being shown sent in this city,
by the fact that he spent nine days In u is understood that, as the result
the cross-examination of Waldeyer of a quarrel over the work to be tak-
alone. en up in the libel suit. Attorney
The suit arose through alleged Lightfoot has quit Waldeyer's servi-
breach of contract on the part of the ces, which will leave him in the hands
Walluku Sugar Company, who Wal- of the firm of Atkinson & Quarles.
The contest between R. W. Sningle
and Harry Von Holt, for the position '
of trustee of the Campbell estate, was
ended this morning by the filing of an
answer to the petition of J. O. Carter
and Cecil Brown in which the res
pondents agree on the selection of Von
Holt as the third trustee of the es
tate.. The petition was signed per
sonally by Princess Abigail Kawana
nakoa, Alice K. Macfarlarie and Mu
riel Campbell, the other heirs signing
through their guardians.
This ends the trouble which was
first brought up by the petition of
is the most common thing In the
world, and causes the most trou
ble. To neglect making out your
WILL may undo your life's work.
Come to us with your WILL
TROUBLES. Wo understand the
drawing up Of wills, In proper
legal form, and we will do it for
you without charge, it made oue
of tho Executors.
Trust Co., Lid.,
923 Fori Street
AMIkhr K - - T nmnw hlvr.M r A I 1 nw$ 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.
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.
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
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
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
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.
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
(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.
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.
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.
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.
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
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-
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!
Tito only baking powtlor
mado with Royal Grapo
Cream of Tartar
Ho Alum, No Lime Phosphate
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.
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
. TODAY SOUVENIR DAY
iian(SQme silk fans clven awav with
dollar purchases at Sachs". Dressed
dolls with $2 and $5 purchases.
BUY THEM AT
Tho Placo to Buy Shoes.
1051 Fort St.
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