VOL. XIII. NO. 2704.
HONOLULU, HAWAIIAN ISLANDS, THURSDAY, MAT 14, 1891.
PRICE 5 CENTS.
Paei&ij Commercial Advertiser
Every Morning Except Sundays,
At No. 46 Merchant St.
Dailt P. 0. ADVEsnsxa, one year $0 00
six month ..... 00
" per month.... 60
Wisklx Haw ah ah Qazxtti, one jet S 00
elodln postage)... ...... M
Daily ad WxsLT,one year In advance.... 10 00
Payable Invariably la AJrance.
Br Postal Mosky OaDia.
l- All Transient Advertisements must
be F repaid.. ; ? " T
HAWAIIAN QAZBTTI CO.,
U. 11. Wkitnkz, Manager.
46 Merchaut St.,
Pjstoffice Bex O. Honolala. H.I
LEWERS & COOKE,
(Successors to Lowers ft Dickson)
I ii porter and fealers In Lumber
And all Kinds of Building Materials.
So. 82 S OBT BTBEET. Honolnln. 2651
JOHN; T. WATERH0USE, .
Importer and Dealer la
. i. : . :,(....-..
No. 05-11 Queen Street, Honolnln. 2651
WILLIAM O. AOHI,
Attorney and counsellor ai law,
Notary Publlo and Real Estate
Office 36 Merchant Street.
H. HACKFELD & CO ,
General Coniiiiission Agents j
Cor. Fort & Queen Sts., Honolnln. 2C51
W. E. R0WELL,
Engineer and Surveyor
Kooru 5, Spreckela' Block.
BEAVER SALOON, .
Vers Street, Opposite Wilder A Co.'e,
H. J. NOLTE, PB0PBIXTOB.
First-class Lnnches Served vritb Tea, Coffee,
Soda Water, Ginger Ale or Mil.
Open From 3 a. m. till 10 p. m.
lySmokers' Beqnlsltas a Bpeolalty. 2681
HONOLULU IRON WORKS CO.,
Steam Engines,; '
B jllere, Hagar Mills Coolers, Brass
and Lead CastluffS,
A ad machinery of every description made to
o .oer. Particular attention paid to snips' black
ai thing. Job work exeoated on the shortest
a tice. - Joai
THE ROYAL SALOON,
0jr. Xaaaoa and Kerebant Streets
Under tbe Management of
E. H. F1. Wolter,
Keep always 1 n stock a variety of the best Wl nes,
Liquors, Beers, and toe cold beers on draught at
10 oents per glass.
fcTCall and See Us.ia 2051
Having been appointed Agents of the
above Company we are now ready to
effect Insurances at the lowest rates of
II. W. SCHMIDT & SONS.
JAMES NOTT, JR.,
TINSMITH & PLUMBER
Corner of King; and Alskea Sts.,
Honololn, H. I.
TELEPHONE Workshop, Mutual 261
residence, Mutual, 236.
VEstimates furnished on all classes
of Plumbing and Tinsmithing work. First
cla- workmanship and material euaran-
teed in all the above branches of my busi-
ness at reasonapie rates. Tjq
LEWIS & CO.,
Wholesale and Retail Grocers,
111 FORT STREET.
elephonStO. PO. Box 397
J. B. CASTLE,!
Office Cartwright Building,
. t i . .
Merchant Street, : , Honololn, H. I.
J. M. DAVIDSON, , r
Attorney 1 and CouiaeUor-at-Law.
Office Kaahumanu Street,
(In office formerly occupied by Mr. C
: WILLIAM C. PARKE,
ATTORNEY -AT -LAW
. Agent to take Acknowledgment.
Omcx No. 13 Kaahumiinu Street, Hono-
G9-y lulu, H. 1.
CHARLES F. PETERSON,
Typewriter-and KotaFy Public.
Office with L. A. Thurston.
MISS D. LAMB,
Stenographer and Type-writer,
Office of J. A. Magoon, Merchant street.
near the Postoffice. 2677
, . DR. EMERSON,
OFFICE 135 Fort St., (formerly Dr. Tuc
ker s onice).
Omcs Hocks 9 to 11 a. m., and 2 to 3
p, m. ; Sundays, 9 to 10 a. m.
Bell Telephone so. 51. Residence 5
School street. 2704-3niq
DR. K. KOBAYASHI,
i NO. 161 FORT STREET,
-Office Houbs 8 to 10 a. m.: 1 to 4
and 7 to 9 p. m. 2655-2m
FRANCIS M. ENGLISH, BJ L, (OXON.X
.Is prepared to receive pupils in -
Classics, Mathematics and English
, r iateratnre.
Special preparation for University and
For terms, etc.. nlease armlv No. 43
Emma street. . i 2703-q
Pioneer Steam -
CANDY-FACTORY -and BAKERY.
" F, HORN; Practical Coniectioner,
raatrr took and leaker.
f , ' i-
No. 71 Hotel St. - . . Telephone 74.
. Jto. 73 Naaana Street.
MBS. B06T. LOTS, ... Proprietress,
Every Description of Plain and Fancy
Bread and Crackers,
Always on. Hand.
Island Orders Promptly Attended to.
C. BREWER & COMPANY,
LIST or OFFIOEBS:
P. O. Jones. Jr President and Manager
i. O. Carter Treasurer and Secretary
Eon. W. F. Allen Auditor
Hon. C. B. Bishop.
Hon. H. Wsterhonts
THE UNDERSIGNED HAS THIS
day opened a retail store at No. 78
Nuuanu street, for the purpose ot selling
combined with a
TaUoring and Dressmaking Department
Aug. 21, 1800. 45-q
floaolula and San Francisco Mail Seryice
Oceanic Steamship Co.
(subject to changi.)
The ArsTEALiA asd Zkalakdia
Leave San Francisco at 9 o'clock P. M.
Leave Honolulu at 13 M. Tuesdays.
The Through Steamers Leave San Fran.
claoo and Honolulu Thursdays.
STEAMER. SAN FBANCISCO. HONOLULU.
Australia April 21 .... April 28
Monowai..... .. April 30 .... May 7
Zealandia May 5 .... May 12
Australia May 19 May 26
Alameda May 28 .... June 4
Zealandia June 2 .... June 9
Australia June 16 .... June 23
Mariposa June 25 .... July 2
Zealandia June SO .... July 7
Australia July 14 .... July 21
Monowai. July 23 .... July 30
Zealandia July 28 Aug. 4
Australia Aug. 11 .... Aug. IS
Alameda Aug. 20 .... Aug. 27
Zealandia Ai?g. 25 .... Sept. 1
Australia Sept. 8 .... Sept. 15
Mariposa Sept. 17 Sept. 24
Zealandia Sept. 22 .... Sept, 29
Australia...... Oct. 6 Oct. 13
Monowai Oct. 15 .... Oct. 22
STEAMER. HONOLULU. SAN FRANCISCO.
Zealandia, April 21 .... April 23
Australia May 5 ... May 12
Alameda May 7 .... May 14
Zealandia;..... May 19 .... May 26
Australia June 2 .... June 9
Mariposa...... June 4 .... June 11
Zealandia...... June 16 .... June 23
Australia...... June 30 .... July 7
Monowai....... July 2 .... July 9
Zealandia July 14 .... July 21
Australia July 28 .... Aug. 4
Alameda July 30 .... Aug. 6
Zealandia Aug. 11 .... Aug. 18
Australia Aug. 25 .... Sept. 1
Mariposa Aug. 27 .... Sept. 3
Zealandia Sept. 8 .... Sept. 15
Australia Sept. 22 .... Sept. 29
Monowai. Sept. 24 .... Oct. 1
Zealandia Oct. 6 Oct. 13
Australia Oct. 20 .... Oct. 27
Alameda Oct. 22 .... Oct. 29
Zealandia. Nov. 3 Nov. 10
Australia Nov. 17 .... Nov. 24
Mariposa Nov. 19 .... Nov. 26
Australian Mail Service
FOR SAH FRANCISCO,
Che new and fine Al steel steamship
Of the Oceanic Steamshlr Company, wl be doe
at Honolnln from Sydney and Auckland
Jane 4, 1891,
And wlllleave for the above port with malls and
passengers on or about that date.
For freight or passage, having SUPEKIOR
ACCOMMODATIONS, apply to
Wm. (r. Irwin & Co.,
For Sydney and Auckland.
The new and One Al steel steamship
Ot tbe Oceanic Steamship Company, will be
dne at Honolnln from San Francisco
or or about
June 4, 1891.
And wUl have prompt dlspatcn with malls an
assengers for the above ports.
For freight or passage, having SUPERIOB AC
COMMODATIONS, apply to
Wm. G. Irwin & Co.,
WM. G. IRWIN 4 COMPANY,
Wm. G. Ibwin, - President and Manager
Claus Sfbeckxl8, - - Vice-President
Walter M. Giffabd, -
... - Secretary and Treasurer
Thbo. C. Pobtbb, ... Auditor
Sugar Factors and Commission Agents.
agxnts or THX
OCEANIC STEAMSHIP CO.,
Of San Francisco, Cal.
Wm. G. Irwin & Co., (Limited) has
assumed the assets and liabilities of the
late firm of Wm. G. Irwin & Co., and will
continue the general business formerly
carried on by that house. 2708-q
Big CI la acknowledged
the leading remedy tor
Oonorrboe A Glet.
The only aaie remedy for
T nuMrribe it and feel
lira fir y safe in recommending it
THtEvMSWEMiMiCa to all rufferers.
Sold by DraroUt.
Hollibtkb & Co., Wholesale Agents.
BxnaoH, Smith A Co., Wholesale Agents
ENTEEPEISE PLANING MILL
PETER HIGH, - - Proprietor.
OFFICE AND MIIL,:
Ou Alakea and Richards near
Doors, Sash, Blinds, Screens, Frames, Etc, Etc.
TURNED AND SAWED WOHK.
Having just received some
provements from one of the beBt firms in the East, we are now prepared to do
good work at shorter notice and lower rates than ever before, and having lately
engaged several first-class mechanics, we will make a specialty of
Counters, Shelving, Stairs, Etc., Etc.
Prompt attention to all orders.
II SPRING MATERIALS!
Immense Assortment Now Open at
3NT. S. SACHS',
104 Fort Street, : Honolulu, H. 1.
All Wool ; extra fine quality ; latest designs ;
SCOTCH GINGHAMS, AMERICAN GINGHAMS, latest plaids and stripes.
FANCY STRIPED and FIGURED BATISTES, in great variety;
FANCY FIGURED and SOLID COLOR SATEENS;
A New Assortment of CHAMBRICS, in stripes in solid colors; something new,
Fine French Silk
In Pink, Blue,
FANCY STRIPED CRINKLE MATERIALS, a large assortment ;
DOTTED and FANCY FIGURED SWISSES, in white, cream and ecru;
In plaids and stripes, fancy figured open plaids and stripes ; an immense
assortment at VERY LOW PRICES.
Tucking, Tucking, Tucking,
in plain and fan:y ; new designs.
LADIES' EMBROIDERED BOX SUITS
in white crean
CASTLE & COOKE,
Shipping and Conmission Merchants,
PLANTATION AND NSURANCE AGENTS.
BUILDERS AND GENERAL HARDWIRE, AGRICULTURAL IMPLEMENTS,
Carpenters' Blacksmiths' Machinists' and Plumbers' Tools,
HOUSE FURNISHING GOODS
Kitchen Utensils, Paints, Oils Varnishes, Lamp Goods, and
Blake's Steam Pumps, Weston's Certrifugals,
Wilcox & Gibbs. and RemingtorTSewing Machines,
Dr. Jane & Sons Family Medicines.
H. HI. Mclr.tyre & Bro.
I II FOSTERS Ali DEALERS IS
Groceries, Provisions and Feed,
BAST CORNER FOR AND KING STREETS.
New Goods received by every packet frot tbe Eastern States and Europe Fresh California
produce by every steamer. AU orders talthf nlljutended to, and Goods delivered to any part of tbe
city free of charge. Island orders soUclted. SUsfactlon cnaranteed. Postoffice Box No. 114
Telephone No. 9t
Queen Street, Honolulu, IT. J. i
NEW MACHINERY with the latest im
and Gold Stripes;
In the Supreme Court of the Ha
Special Teum, March 30th, 1801.
also vs. Ah
Exceptions from McCully, J., presid
ing at the January Term, over
JUDD, C. J., U'CULLY, BICKEBTOJi AND
DOLE, J. J.
The judicial oath
in use in our courts is a
It is sufficient in an indictment for perjury
to allege mat uie deteuaant was "duly
Bworn, without setting forth the form
in which the oath was administered.
In an indictment for perjury, if the sworn
statement alleged to be false is so re
lated to the issue or the material fact
to be proved " as to tend circumstan
tially to its proof, it is sufficient.
OPINION OF THE COUBT BY DOLE, J.
The defendants in these two cases
have demurred to indictments charg
ing them respectively with perjury
committed as witnesses in the exam-
ination of one Ah Wai unon a charce
of arson before Wm. 1 oster, Esq.,
Police Justice of Honolulu.
The grounds ot demurrer are sub-
stantically identical in both cases.
The hrst ground is as follows:
" Defendant denies that, as a mat
ter of law, William Foster, Esq., be
fore whom, as District and Police
Justice of Honolulu as (alleged in
said indictment) the false swearing
of and by this defendant, set forth
said indictment, is therein alleged
to have been done and committed,
had, at the date therein named, to-
wit, the fifth day of August, 1890,
any legal authority to administer to
thia HafanHanr. antli rta Til no i a Ha. I
this defendant such oath as is de
scribed in such indictment; and de
fendant denies that the administra
tion of such oath to this defendant,
by said William Foster, was then
and there required or authorized by
-This appears rather to be an objec
tion to the legality of the oath to have
been administered, than to the gen-
eral authority of the Police Justice to
administer a legal oath. It is denied
that the Police Justice had, at the
time referred to " any legal author
ity to administer to this defend
ant such oath as is described in
said indictment." This, we gather
from the argument of the defendant's
counsel, refers to a supposed form
of oath set forth in the indictment;
but the form of oath is not therein
set forth, the allegation being simply
that the witness "was then and there
duly sworn by said William Foster,
District and Police Justice as afore
said, to tell the whole truth, and
nothing but the truth relative to the
issue, etc. The words " duly sworn
cover the distinctive nature of the
oath as an oath, and with the words
which follow, i.e., " to tell the truth,
the whole truth and nothing but the
truth," make a sufficient allegation
that a legal oath, if such exists, was
administered in due form. (2 Arch
bold's Crim. Pr. & PI. 1723, n. i.)
It is further denied " that the ad
ministration of such oath (as described-
in the indictment) to this
defendant by said William Foster,
was then and there required or au
thorized by law."
We feel that this point is also met
by our foregoing ruling that the
oath is not described, and that the
allegation is in effect that it was ad
ministered in due form; but inas
much as tbe defendants' counsel has
raised under this part of the demur-
rer the wnoie question as to the ex
istence of a legal oath under which
witnesses may be sworn in this
country, we will consider it now in
stead of leaving it to come up later
in the proceedings.
The defendants' argument that be
cause we have no common law
offenses, we are therefore precluded
from the rise in our practice of any
common law definitions which go to
make up the description of a crim
inal offense, is untenable. Many
words are necessarily used in defin
ing crimes which are of a technical
character with meanings derived
sometimes from usage, sometimes
from the common law and some
times from judicial decisions. The
contention that we must go to our
statutes for the definitions of all
words which themselves are used in
defining crimes is simply imprac
ticable, bach a requirement would
encumber our law books with vast
stores of for the most part unneces
sary definitions and would defeat
many of our existing laws,as it would
certainly destroy the statute of per
jury. The following are a few of
the many technical words to be
found in our criminal statutes and
enactments m this country. Cmzert,
in tne statute 01 .embezzlement,
aa a , -v-v a
nomtciae vol uuening, vormoit in.
Polygamy, dums in Extortion,
animal in Cruelty to Animals, witness
in Perjury, compound, deposition and
testimony in Obstructing and Per
verting Justice, confederacy in Con
The meaning of the word " oath
in the statute of Perjury is as de
finitely established by usage in this
country, not to speak of that of the
rest of the civilized world from anci
ent times, as is the meaning of the
word " witness" in the same statute
and in the other parts of the crim
inal code, or the meanings of' any ot
the other words above mentioned.
Usage may be resorted to for the
purpose of interpreting words of a
statute where their moaning is un
certain: (Civil Code S. 9.1
"Where the statute, speaking on
some points, is silent as to others. "
usage may well supply the defect.
especially if it is not inconsistent
with the statutory directions, where
any are given; or where the statute .
uses a language of doubtful import,
the acting under it for a long course
of years may well give an interpreta
tion to that obscure meaning, and
reduce that uncertainty to a fixed -
rule, optimut legi$ interpret contuetudo .
which is sometimes termed conUmpo
ranea expotitio." (Lord Brougham iu
.Magistrates of Dunbar vs. Duchess
of ltoxburghe, 3 CI. & Fin. 283. :
The oath in common use in the ,
courts of this Kingdom is the one
meant by all of our statutes wmcn
refer to judicial oaths, and is there
by, both by the courts and the sta
tutes, recognized as a legal oath.
thflt the allegation of the indictment
To tbe defendants' contention
that the "oath was then and there
required by law, and the requiring
of it was then and there authorized
by law," being stated conjunctively
instead of disjunctively as in the
statute, is bad unless the statutes
show an express mandate to the jus
tice in question to administer the
oath, we answer that the point is im-.
material; it is suthcient if, consist
ently with the statute, the oath is
1UUUU IAS ISO (CIUIIOU JJ U TV , ut IUO
requiring of it authorized by law.'
We therefore overrule the first
0f tbe demurrer.
mi . t
The second ground is: "It does not
appear from said indictment that the
iacts or allegations to wnicn, as bbiu
indictment charges, this defendant
falsely swore, as therein Bet forth,'
were material to tbe issue then
pending, as described in said indict
ment." The law in this regard is that the
statements alleged to have been
falsely BWOrn arjd thereby cotostitut
log the crime oz perjury must be
alleged to be material to the issue in '
which they were given, or they must
appear to be material irom tue na
ture of their information. I do not
mean that the particular fact eiworn
to must be immediately material to
the issue, but that it must have such
a direct ana immediate connection
with a material fact as to give weight Y
to the testimony on that point."- ,
(State v. Hattaway, 2 N. & McC. 118;
10 Am. Dec. 580; 4 Crim. Def. 375.)
The indictment alleges that it was
a material fact to be proved that
Baid Ah Wai on, to-wit, the 28th day
of July, 1890. and in the night time
of said day, did unlawfully, wilfully
1 A. 4 A SI
ana maliciously set nre to ana uurn
the dwelling house of one Ahung,
situate in Honolulu aforesaid, which
said dwelling house was then and
there occupied by and had as its in
mates said Abung and others." If
this charge had been proved against
Ah Wai it would have. convicted. him
of arson in tbe first degree. The in
dictment against Angee charges that
in the examination he stated under
oath that " he, said Angee, lives in a
house adjoining said Ahung. That
he, said Angee, was at home on the
night of July 28th, 1890; that he,
said Angee, saw a fire and ran out;
that he, said Angee, saw said Ah
Wai standing at the makai Ewa gate; -
that the house on hre was the one
nearest to that gate and was Ahung's
house; that the blaze was underneath .
the house; that when Ah Wai saw
him, said Angee, said Ah Wai ran;
that the said Angee cried out, 'Ah
Wai, you set the house on fire;' that
the said Ah Wai then threw a kero
sene bottle at him, said Angee.which
said bottle hit against the wall and
broke; that said Ah Wai tried to
open the said gate and run out, but
he, said Angee, ran ana seizea saia
Ah Wai by said Ah Wai's side; that
Ah Wai then struck him, said Angee,
with a knife and knocked him, 6aid
Angee, dowrf, and then he, said Ah
Wai, egcaped. That said house was
then and there occupied by said
Ahung and others;" and makes the
following assignments or perjury:
" Whereas in truth and in fact
the said Ah Wai was not on the
night of said July 28tb, 1890, stand
ing at said makai Ewa gate; that
said Ah Wai did not throw a kero
sene bottle at said Angee; that said
Angee did not seize said Ah Wai
by his, said Ah Wai's, side; that
said Ah Wai did not strike said
Angee with a knife or otherwise,
nor did said Ah Wai knock said
Angee down, .nor did said Ah Wai
i ww rs - SSW fl(l fSiAlV lOftO A
.... , nn --;.L, ,t ,
during the night of said July 28th,
or morning of July 29th aforesaid,
and that said Ah W ai did not set
fire to said dwelling house of Ahung
as aforesaid, all of which the said
Angee then and there well knew." .
The sworn statement charged to
(Continued on Pat; 4.)
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