Newspaper Page Text
11 YOUTHS GO
TO THE RDCKPILE
John Freitas will break rock for the
county for the next four months and
think over the calling down that Judge
Andraae banded out to him in the police
court yesterday. Freitas, who is
a young man, was up on three
charges, malicious injury, drunkenness
and larceny. The three cases were
one continuous offense. He had stolen
some poultry and sold it to a China-roan,
getting drunk on the proceeds
and falling through a showcase in a
Japanese store. "With him on his
circuit went Enos Fragas, who will
also go with him to Jail for ninety
Andrade roasted the two youths unmercifully,
informing them that he
considered them all-round bad eggs
and in line for penitentiary life if a
change in their manner of living was
The nineteen fan-tan players captured
on the other side of the island
on Thursday were up for trial yesterday,
getting oft easily with a fine of
three dollars apiece and costs. Three
local gamblers had to pay seven apiece
and costs, while the ten-dollar hails
of five others were forfeited.
THE AFONG SUIT.
The answer of Mrs. Julia H. Afong
tiled in the Circuit Court on Friday,
reported in the Advertiser yesterday,
seems to have created some misunderstanding
because it Is entitled "an answer
In the suit of Sirs. Carrie B.
Hlggs vs. Julia H. Afong." That was
the title of the original suit brought
'-to have the trust Seed in the Afong
"estate construed. A compromise was
effected some months ago which was
perfectly acceptable to Mrs. Riggs and
was accepted by her, and with that
compromise Mrs. Riggs' Interest and
connection with the suit ended. Mrs.
Burns, however, has now had herself
made a party complainant, and the
present proceeding Is" in effect her
suit, though It retains the old title.
Mrs. Burns is now the real complainant,
and Mrs. Riggs has .now no interest
or connection with the suit, ex
cept that her name remains in the
title of the cause.
PILOTAGE AT VLADIVOSTOK.
It is telegraphically reported from
Vladivostok that vessels leaving and
entering the port have hitherto been
officially ordered to employ pilots, but
on and after January 1, Russian calendar,
the employment of pilots Is to
be left to the option of the captains
CHAMBERLAIN'S COUGH REMEDY
This remedy acts on nature's plan,
allays the cough, relieves the lungs,
aids expectoration, opens the
ions, and aids nature In restoring the
.system to a healthy condition. For
sale by all dealers. Benson, Smith &
Co, Ltd., Agents for Hawaii.
Hawaii. The affair was a brilliant)
one and attended by at least two
thousand persons, the members of the
big society, their relatives and friends.
For the occasion hundreds of red,
white and blue incandescents gleamed
throughout the grounds, strings of
them being attached to the high flag-
j pole, from the summit of which float
ed the banner of Portugal and the flag
of the society. "Within, the-building
was gayly decorated with the Portuguese
colors, twined with the Stars
and Stripes, while flowers, potted
plants and green wreaths were placed
throughout the big reception hall. The
opening program consisted in addresses
of congratulation from the society
officers. Governor Frear and
others, a series of stereopticon pictures
and an explanatory address by
E. Towse, a dance and the serving of
refreshments. The Hawaiian band
played during the evening.
On the platform, for the opening
part of the program, were August
Vierra, the chairman of the committee
under which the new hall had
been fitted up; M. A. SUva, the re
tiring president of the society; Governor
Frear, Bishop Libert, Bishop da
Sllva, Consul Canavarro, Judge An-
drade. Father Valentin, Representative
Castro and the officers of the Lu
sltana Society and those of the San
Antonio Society. The opening address
NEW OFFICERS ELECTED.
The Installation of the newly elected
officers of the society will take place
today. These new officers are:
President, A. S. Naclmento; vice
president, J. D. Marques; secretary, J.
Frlas; assistant secretary, M. Abreu;
directors, V. Fernandez Jr., chairman;
M. C. Lindo, secretary; J. A. R. Vierra,
treasurer; A. V. Peters and T. P.
Melin; auditors, J. S. Marques, chairman;
J. B. Freitas, secretary, G G.
Andrade, J. J. Dias and F. F. Bran-
Get a copy of Picturesque Honolulu
to send to your friend In the States.
It la the best souvenir ever Issued here.
Fifteen cents a copy ready for mailing
attracted much attention in its time.
He came to Honolulu in 18S0, where
he had friends who were influential ln
affairs here, and gave the young lawyer
a social and a business standing
at once, that was of much value to
him. An uncle, James W. Austin, was
at one time a Justice of the Supreme
Court of Hawaii, and It was doubtless
this fact that directed Mr. Whiting's
attention to Hawaii.
The first public appointment he
seems to have received in Hawaii was
that of Agent to Take Acknowledgments
of Instruments, among his confreres
in this dignity, at that time, be-inc
Cecil Brown. Col. J. Austin and
S. X. Emerson, and a little later A. S,
In 1892 he was appointed Attorney
General under Liliuokalani. But he
was swept out of office within the year
in one of those rapid changes or min
istries which characterized the last
year of the Queen's reign.
In 1S93, following the overthrow, he
was appointed First Judge of the First
Circuit Court. Following the rebellion
of January, 1895, he was appointed
president of the Military Commission
which tried those implicated in the
rebellion, including the Queen herself.
In order that he might be president of
this commission he was given the military
rank of colonel. Associated with
him on the commission were
J. H. Fisher, Captains C. W.
J. M. Camara, Jr., J. W. Pratt, W.
C. Wilder, and First Lieut. J. W. Jones,
with Captain W. A. Kinney as Judge
In 1896 he was appointed Second
Associate Justice of the Supreme Court
f "VsS M
Manuel Lewis, who lives on Baker's
lane on Punchbowl, started off his
married career last night by being
beaten up by his two brothers-in-law,
the Nasclmento boys, losing his wife,
occasioning his mother-in-law a shock
that drove her Into hysterics and finally
being returned to his spouse in a
battered up condition through the assistance
of Detective Joe Leal. Thus
initiated he began his life as a married
The bridegroom is eighteen years old
and his bride confesses to fifteen summers.
The pair were made one at the
Roman Catholic cathedral last evening,
going to the Orpheum by way of
a wedding trip. So far everything was
loely and with his bride's little hand
in his and his head in the clouds he
ld his wife out of the theater and
towards their home after the curtain
had fallen on the happy finale of the
play. So engrossed was he in the happiness
thick around him that he failed
to recognize his brothers-in-law, who
n.et him, and he was not aware of
the pillkia that the gods had sent to
up things until a hard fist landed
on his eye.
Just what happened during the next
few minutes the bridegroom has only
a hazy recollection of, but when he
came to, his girl-wife was gone and he
was battered and bruised. He hotfooted
to the police station and told
his story, Detective Leal being sent
out with him to locate the missing
bride and guard him. A. visit was paid
to the girl's parents' home on Luso
street, and here it was found that taking
advantage of a hysterical attack
on the mother, caused by the return of
the daughter under the accompanying
circumstances, the wife had skipped
out and disappeared. The husband
and detective then visited the groom's
home and here the abducted bride was
sitting, tearfully awaiting the return
of her husband. After reuniting the
couple, Leal gaye them his blessing
A SCENE AT MOANALUA OLD MBS. DEMOCEACT AND THE BULLETIN.
U W W W V 0 V V V W V w w w v ? w v t v $i O t tS 3 V 1 V V V W V W V V W V W V W V W V W V W V
- --, .
lUSfitS IF COMPUIIUUITS .
HAWAIIAN GAZETTt, TUESDAY, JANUARY if, igdS. SF III f
i ERQS ESTATE SITUS WM. AUSTIN WHITING
PASSES TO THE BEYOND
1 JUGGLED E t Jl 1116 WEIL TREATED
3Sy a ufikttimous opinion of the Supreme
Court, an order of the Second
Circuit Court, "Wailuku, in the matter
of the estate of Augutine Enos is reversed
and the cause remanded to Judge
Kopeikai for further proceedings consistent
with the opinion. The case
shows a. most remarkable handling of a
large estate, both in and out of court.
3x -was an appeal by A. Enos and J.
X. llaeiel, two of the executors and
trustees of the estate of Augustine
Unes, from an order of the Circuit;
.Judge approving the partial accounts
and report of T. B. Lyons, describing
himself a one of the executors and
Augustine Enos died on March S,
1906, leaving bj will a large estate,
valued in the inventory of the temporary
administrator at $S0,000. A contest
was started by Rosalie Lyons,
laaghtcr of decedent, which was soon
abandoned. Rosa Enos, widow, was
aamed as executrix in the will, but sheV
4eliniag to serve Lyons was appointed
5b hor place. In the course of its opinion
the court points out that Lyons
cocld nt be an executor in those
but should have been de
scribed as "administrator with the will
It was improper and irregular, the
ort says, for the Circuit Judge sitting
Is probate, to have appointed the persons
named as trusteos. Beside", in
ikis case, the will specifically provided
who sfeould be trustees. The case of
Long v. Holt was "an example of how
a. somewhat similar confusion" that
is, between the offices of executors and
trustees "kept the administration of
an estate going unnecessarily for more
than forty years."
The magnificent new clubhouse anilj
society hall of the Lusltana Society,
on the corner or Alapal and Luna-
Wo streets, was formally opened last!
night, on the twenty-seventh anniversary
of the founding of the society In
was made by Mr. Vierra, who was
followed by Mr. Sllva and others,
speaking in Portuguese. The only address
In English was that given by
Governor Frear, who was greeted" with
much applause as he. rose to speak.
GOVERNOR FREAR'S ADDRESS.
In the course of his address the Governor
complimented the members of
the society highly on the beautiful
quarters they had secured and the
poor people, but they did not despair
at the new conditions nor expect that
others WQuld take care of them. They
went to work to make the best of the
circumstances and the results of their
efforts speaks for themselves.
"This shows that the Portuguese
have good stuff in them, the right kind
of stuff that makes them good people
for this country. They are a moral,
industries and lawabiding people.
We are glad to see their children going
to school and wanting to grow up
and advance. We want more Portuguese
here and we hope to have more
here. We want them to take up our
land and become citizens and voters,
making their homes here and cooperating
with us in building up the islands."
THE LATE JUDGE WM. AUSTIN WHITING,
Judge William Austin Whiting died
yesterday afternoon at 5:25 o'clock, of
dropsy caused by cirrhosis of the liver.
He had been seriously 111 for some
weeks and in ill health for many
months. His death has been expected
at almost any time for some days.
The funeral will be held at 3 o'clock
this afternoon from the Masonic Temple.
The body will be at H. H. Williams'
Undertaking parlors- from 9
o'clock this morning, where friends
may take a last look at the face of
their friend. The body will be taken
to the Masonic Temple at 2 o'clock.
The services at the Temple will be
The funeral will be under the "auspices
of Pacific Lodge, No. S22, A. F.
& A. M.. J. J. Belser, Right Worshipful
Master. The body will be taken
from the temple after the services, to
the crematory in Nuuanu cemetery
where it will be Incinerated. '
.The pall bearers will be H. E. Cooper,
John Kidwell, T. H. Petrie and E.
O. White, all past masters of Pacific
Lodge, and Chief Justice Hartwell, P.
C. Jones, Cecil Brown and Col. C P.
William Austin Whiting was born In
Oharlestown, Mass., where most of his
ancestors on both sides had lived for
sprAr.nl ppnpratlnns. He graduated
abundant evidence of their prosperity. from Harvard college as six genera-The
growth of the society, since tlons of his name had done before him.
It was founded twenty-six years ago, j After graduating at the college he took
was. he said, evidence that spoke very Ith Harv,ard fJ C0U:,nTi rtf,
the practise of his profession Char-
highly of the Portuguese as a race. estown and Boston, but living In Char-It
showed that the Portuguese in Ha-1 lestown. His ancestors on both sides
wail were ambiUous and had the had been locally eminent in their
. , ... , . ,., t.. eratlon, and some of them attained a
itles to succeed in their ambition. It ni j
, larger emlence. He was a lineal ae-
showed also the thrift and economy ( scendant of Gov. Thomas Dudley and
that had been practised. I of Gov. Simon Bradstreet, and of Rev.
' Jhn Cotton, the first preacher of the
"I cannot look on this prosperous
t, ... ... , , , . .. ... First Church in Boston, all of whom
assembly without thinking of the time m tnW: decade of the
when the Portuguese first began to seventeenth century. Another of his
come in any numbers to this country. ' ancestors was the president of Har-about
the time that this society was ! vard College, and his grandfather
. tin was prominent lawyer In Massa-
j j r. i
founded. They came, those first com-, 77
chusetts, and an author of some' note
panies, nearly half way around the I ln hIs day nav!ng written "Peter
world to a new country. They "were I Rugg: The Missing Man," a book that
in succession to the late B. P. Bicker-ton,
and he continued on the Supreme
Bench until the organization of the
Territory of Hawaii, June 14, 1900, following
Since then ho has his profession.
Before the Fire Claims Commission,
created to adjust the claims
growing out of the destruction of
property, by order of the Board of
Health, in an attempt to stamp out
the plague in the early part of 1900,
he was one of the most active practitioners.
In connection with William
J. Robinson, now Circuit Judge, he represented
a larger number of claimants,
probably, than any other attorney, a
very large proportion of the claims of
Chinese being bandied by him. He has
continued to practise his profession as
his health would permit ever since.
For several years past his health has
been very precarious, gout, and latterly
a dropsical affection, interfering verj
greatly with professional activity. ,
He has long been a member of the
Pacific Club, and for a number of
years was very active in its affairs
both business and social. He was a
member of Pacific Lodge of llasons,
and was once Worshipful Master of it.
He is also a fourteenth-degree mason
of the Scottish rite.
He has lived for some time in the
lower part of Pauoa Valley, almost at
the foot of Punchbowl.
The funeral of the late Justice William"
Austin Whiting yesterday was
largely attended. In addition to many
friends of the family, the bar was
largely represented, and there wer
present nearly every member of the
Judiciary. Governor Frear, who was
associated with the deceased on the
Supreme Bench for a number of years
was among those present.
The body lay in state at the undertaking
parlors of H. H. Williams from
nine o'clock until two, where many
called to take a last look at the face
of the deceased. At 2 o'clock it was
removed to the Masonic Temple. Here
were sent many flowers by friends.
Among the flowers were several pieces
representing Masonic emblems sent by
Masonic bodies of which Judge Whiting
was a member. The funeral services
were held at lasonlc Temple at
3 o'clock, and were conducted by J. J.
Belser, Right Worshipful Master of
Pacific Lodge, No. 822, A. F. & A. M.,
Rev. J. W. Wadman officiating as
Judge Whiting's son is a Junior at
Kamehameha and in token of respect
his classmates marched in procession
ahead of the hearse. The body was
accompanied to the cemetery by a
large escort of masons, the funeral
procession to Nuuanu cemetery being
an Impressive one.
At the mortuary chapel of thei cre
matory the Masonic committal services
were held and the body was placed
within the incinerating retort and
quickly reduced to ashes.
At the services at the Masonic Temple,
a quartet consisting of Mrs.
Weight "and Mrs. Hare and Mr. Stanley
Livingston and Mr. Arthur Wall
sang "Asleep In Jesus," and "My
Jesus As Thou Wilt."
The pall bearers wei;e Chief Justice
Hartwbll, P. C. Jones, Henry Smith,
H. E. Cooper, Col. C. P. Iaukea, John
Kidwell, Cecil Brown and T. H. Petrie.
A stabbing affair, ln which a woman
cut up three men so badly that all
had to be taken to the hospital, took
place last night about ten o'clock on
Punchbowl. A native named
is the worst cut up and it was his
wife Annie that wielded the butcher's
cleaver that did the cutting. The
other wounded men are William
and Kaullo, friends of the husband
who interfered to save him from
Kahaunale went home last evening
for supper, being sent out again by
Annie, his wife, to get a gallon of wine
to celebrate payday with. Returning
with the wine and his two friends,
he found his better half gone. He and
his friends then prepared supper for
themselves-and drank the wine, finally
setting out to look up the missing mistress
of the house, locating her at a
The three returned home, after
which a quarrel started, the husband
beginning to inflict some husbandly
punishment on Annie for her neglect
ln hospitality. The woman fought
back, finally seizing the big butcher
knife and slashing her husband across
the back of the neck, inflicting an
ugly wound. Other slashes followed,
Jthe man being cut on the arms and
In the breast.
Fearing that the now infuriated woman
would commit murder if left
alone, Coelho and Kaullo Interfered,
and the knife was turned upon them.
Coelho was slashed across the upper
part of the right arm and Kaullo
across 'the hand, one of his fingers
being nearly severed by the force of
The police were called in after the
fighting had stopped, and the patrol
wagon was summoned to carry the
men to the hospital. A search for the
weapon located It ln a banana patch,
where the woman had thrown it. So
far she has not been put under arrest.
HAWAIIAN TONGUE CHANGED.
Paradise Among the most Interest
ing documents filed in the Archives
building are hundreds of letters writ
ten by chiefs of the early days beginning
In 1824, about the time the missionaries
made Hawaiian a written
language. These letters must be of
great value, as they doubtless contain
many facts of Hawaiian history now
unknown, and they should be translated
as soon as possible. They are
written in Hawaiian undeflled. Aa
many corruptions have crept into the
tongue during the past 50 years, the
natives of the present, withfew exceptions,
have great difficulty in reading
them. Some words then in use
have dropped out of the language entirely,
while others have been so
changed that in some cases the original
meaning Is reversed. This, with
the Introduction of new words to take
the place of the old ones, and also to
convey new ideas, creates the utmost
confusion in the mind of the average
Hawaiian today when attempting to
translate documents written 80, or
even 50, years ago.
Julia H. Afong has made an answer
to the complaint of Carrie B. Biggs
Bessie R. Burns. She pleads as a bar
to their action "the agreement of compromise
and supplemental agreement,"
which they signed with the other members
of the Afong family except Tony
Afong, about August 17, 1907. Under
that settlement, as set forth, the Afong
children except Tony released their
claim upon the trust fund of thb estate.
oft Chun Afong, deceased, making a.
first charge thereupon the payment of
$6000 a year to Mrs. Afong, tho respondent
It is further stated that, in pursuance
of the settlement, this respondent did
pay to Nancy L. McStocker, Carrie B.
Riggs, Marie K. Humphreys and
M. Magoon $10,000 each, besides
$2000 attorney's fees and $59 costs in.
the original suit.
One of the defenses is the fact that
Judge Carter in 1S96 sustained a demurrer
to a suit brought by tho Afong-children
to declare a trust, on the
ground that the surplus income of tho
estate of C. Afong belonged to this
respondent. Another defonse is the
withdrawal of the action the same year.
Further Mrs. Afong alleges that Mrs.
Rigg3 from the withdrawal of the suit-in
1896 until the bringing of the present
action concurred in this respondent's
claim that tho surplusincome
belonged to her, assuring her so. and
"that it would be foolish for this re
spondent to give up said fund or her
Bessie B. Burns is declared to have
assumed a similar attitude toward tho
fund, asserting that she made no claim
in the income of the principal trust
during this respondent's lifetimo, "or
that it was to be applied to any purposes
excepting the support and maintenance
of this respondent and for snch
uses' as she wished to make of tho
same, including furnishing a home and
support for unmarried daughters, and
that she and no other of tho married
children had any interest in the same."
Up to the filing of this bill her "relations
with Mrs. Riggs were "of the
most friendly and intimate character,
as would be natural between a mother
and daughter," and she always sustained
similar friendly and intimate relations
with Mrs. Burns, up to September
6, 1907, and, "although this respondent
has been grieved by the acta
of the said complainants, she alleges
that she has always and still entertains
a love and regard for these complainants,
as well as for her remaining children."
Mrs. Afong "denies that Albert F.
Afong has been at any time tho special
object of her care and tho recipient
of her bounty," and that sho stated
an intention to dispose of the surplus
fund or any of her property so that
compainants and the rest of the children
other than Albert F. should never
receive a share thereof.
She is unconscious of partiality to
any of tho children excepting as they
were unmarried, widowed or needy, although
both she and her late husband
have made gifts of considerable and
small amounts to each of their children
after marriage as well as before.
To Carrie B. Riggs, besides numerous
smaller gifts, sho has given out of the'
income sums aggregating about $8000
to purchase a home for herself and her
"She has wished to furnish a home
to the complainant, Bessie R. Barns,
but thi3 not being practicable she has
given to said Bessie, in addition to
many smaller sums, sums of money aggregating
$4000 out of said income."
The answer concludes with statements
regarding the respondent's handling of
stocks left by Chun Afong and her life
interest in real estate.
UNCLAIMED LETTER LIST
Letters remaining uncalled for ln the
general delivery for the week ending
January 18th, 1908.
Allen, Mrs Victor Lucas, Wm
Allen, Arthur McLaln, Aleck
Anne, Mrs Miller, Mrs Annie
Brown, Mrs Mazle Mitchell, Mr3 A T
K. Miller, Miss E F
Bolster, Rosle Nicholas, Mrs
Bakr, Mrs G E H Louisa
Brandt, Mrs P
Carlson, Mrs F
Folsom, E R
Hillyard, W A (2)
Holt. Master Jim-
Hobson, Mrs L
Jackson, C F and
Jones, Mrs Ella
Judd, Mrs C H
Olsangy, J G Ozo-
Rees, Mrs Emma
Rees, Mrs Mary
Robinson, J W
Rowland, T M
Shoemaker, F .
Smith, Mrs William
Thomas, Mrs N K
Tonnell, Mrs Iora
Watklns, Lieut R. B
Wells, C A
Kingsbury, Joshua WInslow, Mrs H H
B Toung, Mr
JOSEPH G. PRATT,
Every bicycle and every dog found
on the public highways without a 1903
tag, Is liable to be seized by the tax
officials for non-payment of taxes.