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'1- v Established July J, 1S.. iOL. XXVIII., NO. 51 13 HONOLULU, HAWAIIAN ISLANDS, WEDNESDAY, DECEMBER, 23, 18i8. PRICE FIVE CENTS. M M PROFESSIONAL CARDS. J. Q. WOOD. 4.TTORNF-Y AT LAW AND NOTARY Public. Office: Corner King and Bethel Streets. DR. C. B. HIGH. DENTIST. PHILADELPHIA DENT il College 1892. Masonic Temple. Telephone 318. m. A. C. WALL DR. 0. E. WALL DENTISTS OFFICE HOURS: 8 A. M. to 4 p. m. Love Building, Fort Street. . E. GROSSMAN, D.D.S. DENTIST 98 HOTEL STREET, Ho nolulu. Office Hours: 9 a, m. to 4 p. m. DR. A. J. DERBY. DENTIST CORNER FORT AND Hotel Streets., Mott-Smlth Block. Telephones: Office, 615; Residence, 789. Hours: 9 to 4. GEO. H. HUDDY, D.D.S. DENTIST FORT STREET, OPPO site Catholic Mission. Hours: From 9 a, m. to 4 p. m. DR. F. E. CLARK. OENTItST PROGRESS BLOCK, COR cer Beretania and Fort Streets. C. L. GARVIN, M.D. -OFFICE No. 537 KING STREET, near Punchbowl. Hours: 8:00 to 9:00; 2:00 to 5:00; 6:00 to 7:00. Telephone No. 448. DB.5VALTEB HOFFMANN. 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Office: In the Occidental Hotel, corner of King and Alakea Streets, Honolulu. CHARLES CLARK. ATTORNEY AT LAW 121 MER chant Street. Honolulu Hale. Tel ephone 345. Up Stairs. 0. G. TRAPHAGEN. ARCHITECT 223 MERCHANT ST., Between Fort and Alakea. Tele phone 731. Honolulu, H. I. MUUi'M Will buy for you ANY Stock or Bond In this market or abroad. GEORGE R. CARTER, Treasurer. Office In rear of Bank of Hawaii. Ltd. OB TY1 GUIDE THROUGH HAWAII. PRICE, 60c. BEAUTIFULLY ILLUSTRATED. FOR SALE BY ALL NEWSDEALERS WOMEN'S EXCHANGE. 215 Merchant St. Make3 a specialty of ancient Hawai ian Curios, and also carries the best assortment of modern Hawaiian work to be found In Honolulu, Including Mats, Fans, Leis, Bamboo, Lauhala and Cocoanut Hats, Etc., Etc. Tel. 659. DR. M1LA1I SOULE. LATE S. S. AUSTRALIA HAS RE sumed practice at N. E. corner Sutter and Kearney streets, San Francisco. DRESSMAKERS. MISS FREIBURG KNOKE. DRESS making parlors, corner School and Nuuanu streets. C. S. RICHARDSON. 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WALKER Masonic Temple Block. n e on birr UUUIII HERE IS RECORD Verbatim Report of the Famous Contempt Case. WAS A STORMY INTERVIEW Judge Perry's Questions Discus sion of Exceptions The Rous ing Philliplc of Mr. Davis. In the Circuit Court of the First Judi cial Circuit. Hawaiian Islands. "Before Perry, J., at Chambers. In the matter of the contempt of Geo. A. Davis. After argument of counsel for hotk plaintiff and defendant on exceptions and bill of exceptions in the case of F. F. Porter vs. the Hawaiian Pork Packing Company, the following pro ceedings were had before the court, to-wit: By the court. Do I understand, Mr. Davis, that you mean to say this is a proper form in which to prepare a bill of exceptions, to interweave so much that is pure argument to say the least? By Mr. Davis. I did it because I wished to present and to make a full presentation of the case before the Supreme Court. By the court. Is it not true that, with the exception of one or two para graphs, that a general exception would have covered all you have here? By Mr. Davis. Surely I have the right to refer to everything that I think will bear favorably for me, and that is all I have done. Suppose I had taken a general exception , and there is nothing on the record before the Sup reme court to show that I took any exception. Are not the reasons of the exceptions, and the grounds, necessary to be stated when I go up? Why should anything be suppressed from the Supreme court? If there was not an arbitrary exercise of power why should the objections or exceptions be kept from the Supreme court. I am bound to state the reasons why I be lieve it was an arbitrary exercise of judicial power. I have cast no reflec tions on the character of the judge. All I say is that, under the evidence. believe it was an arbitrary exercise of judicial power. By the court. What do you mean by prejudice and bias" as stated in this paragraph ; By Mr. Davis. It is this: T purpose to argue to the Supreme court that the case was not tried in time. It was the first case on the foreign jury calendar. Second, the fact that you set aside the verdict shows bias and prejudice on its face. Judicial prejudice is what I mean. By the court. -Don't you mean that it was bias and prejudice in favor of the defendant, corporation? Is that not what you mean? By Mr. Davis. T am not bound to say what I think. By the court. In your affidavit be fore the Supreme court you say that. By Mr. Davis. The affidavit before the Supreme court is not here. I did not mean that. I mean bias and pre judice in setting asid the verdict, that you were biased and prejudiced in granting a trial as you did. By the court. Why do you omit that charge from the bill of exceptions? By Mr. Davis. I don't know, but that is not what I mean. T am not here to be cross-examinated if the court please. By the court. I am asking you these questions for your own benefit, Mr. Davis. By Mr. Davis. I mean that you were biased and prejudiced legally, and it is a proper ground of exceptions on which to go to the Supreme court. I can show you hundreds of cases where it has been taken im on that ground. By the court. What does this mean, exception 12. (reading it). By Mr. Davis. I mean that the lan guage that you used cannot be explain ed away. The language you used in saying that the verdict was an unjust one. I purpose to show that you pass ed beyond your functions as a judg. and that you had no right to state to the jury that the verdict was an un just one. that you had no right to say that those twelve men did wrong. You instructed them in the law. They were alone responsible for the verdict returned. By the court. In my opinion both the exception? and the. bill of excep tions should be stricken from the files on the ground that they contain mat ter irrelevant, impertinent and scanda lous, and should have no place in a statement of exception? or bill of ex ceptions. There may be one or two brief statements which, standing alone, by themselves, might be proper, but. they are so interwoven with those that are immaterial and impertinent that T feel that the burden should not lie cast on the court to try and separ ate one from the other. It is for coun sel to prepare such a statement of ex ceptions and bill of exceptions as is nroner. I decline to allow either the exceptions or the bill of exception and order both stricken from the files. It seems to me that I should ask you now, Mr. Davis, what you have to sug gest as to why you should not be fined for contempt of court? By Mr. Davis. I have said all I am going to say. I have nothing to say. By the court. Then I adjudge you guilty or contempt or court in the use of contumelious anil disrespectful lan guage in the alleged exceptions of and concerning this court. I must confe ess that my patience has been sorely tried by your conduct, Mr. Davis, and By Mr. Davis. And so has mine. ion set that verdict aside on the ground of legal prejudice and bias. I have the right to say now to you here, face to face, and man to man, that those exceptions are not impertinent and scandalous, but are proper grounds of appeal. You have set aside every verdict of mine obtained during the iast term of court, and I am now will ing to take such punishment, and am willing to submit to any trial, to be humiliated, and to be disbarred by your act; to take my punishment in jail if necessary, but I will never ack nowledge that you are right because I say now that vou are artnatpri hv malice and swayed by passion in deal ing with me. You got me in here up on these exceptions to inflict your ma lice upon me. I have pointed out to you the Missouri case deciding how I could get my case before the Supreme court. That is all those exceptions contain, and yet, you adjudge me guilty of contempt. You can fine me for contempt and put me in jail, but you cannot stifle my manhood by an act of yours, and whatever punishment you inflict I will leave for time to re move. There has been two trials of this case, and the verdicts of two juries have been in my favor, and vou, Judge Perry, have set them both aside. Punish me for contempt if you will, but do not add insult to injury though you are a judge. You have no right to cross-examine me as you have done, and try to extract statements from me! This is not a court of cessation in France. You cannot impugn my honor and manhood or condemn me to con tumely. Use your best endeavors now while you have the opportunity, and I will leave it to a humane ""'in ciliu IV the future to say whether you or I are right. I knew that you intended to do this because you set aside the verdict for improper grounds and reasons. I am prepared to say.it. Understand me i rtm no cuwaru. mis is not the first time you and I have met, and we have met now for the last time. I am pre pared to take my punishment. By the court. I think a separate cause for contempt has now been shown. For the contempt I spoke of in the use of contumelious and disrespect ful language in the exceptions I sen tence you to pay a fine of fifty dollars. Mr. Davis, I now ask you whether you have any cause to show why you should not be punished for contempt of court for this last cause? By Mr. Davis. None. I have no thing to say. Do your worst. By the court. I adjudge you guiltv of contempt of court in the use of con tumelious and disrespectful language in your conduct and manner to the court in its presence now. I had hoped that you would not compel me to visit a more severe penalty on you at this time. Tomorrow is Christmas, and By Mr. Davis. Oh, never mind about tomorrow being Christmas. You pro pose to take my liberty away, but be fore you do it don't talk about Christ mas. Don't let the anniversary of the birth of our Saviour, who brought peace on earth, good will to men, deter you from your purpose, for even Ra phael could not depict the Christ on canvas when he had the imaere of a Judas in his mind. From von T ex pect no mercv. By the court. I consider this con tinued statement of threats an attempt to compel the court to desist from do ing its duty, but I shall not be influenc ed by any such threats. By Mr. Davis. There are no threats. By the court. For this last contempt of court I sentence you to ten davs im prisonment, this sentence to take effect on the completion of the former sen tence of fifty dollars. By Mr. Davis. Thank you. I shall pend my Christmas in jail praying to he may make a better man God that of you. By the take Mr. court. Mr. Bailiff, you will Davis in charge. By 'Mr. Davis. May I ask. after purging my contempt, will I be given leave to file new exceptions. I now move that your Honor allow me twenty days in which to perfect my exceptions in this case. I expect to spend ten days in jail. By the court. T certainly will. At plaintiff's request I allow twenty days in which to perfect his exceptions. By Mr. Davis. you will have a know I shall. -Well, Judge, I hope merry Christmas. I The above places the case before the public just as it is or was. The rec ord, verbatim, is published by permis sion. As Judge Perry remarked, it was in court closed to no one. Yesterday morning a writ of habeas corpus, returnable at 10 a. m. today, was granted for Mr. Davis, on applica tion of himself. The prisoner will ap pear before Justice hitmg. an asso ciate in the Supreme court. Mr. Davis said yesterday that he would make a legal contention to the best of his ability to establish his claim that the Circuit Judge had exceeded authority. NO. 21 INSTALLS Hawaiian Lofe Seats tie New A BANQUET WITH SPEECHES A Program of Toasts Mr. Hassltv ger as Chairman E. 1. Spalding . New Master. Last night installation of officers in Hawaiian lodge No. 21, F. A. M. took place. At 9 o'clock, the installation ex ercises being, over, a grand feast, sat isfactory in every way, was spread in the banquet halls, under the direction cf Caterer Chapman. Past Master Hassinger filled the po sition of toastniaster in a manner pleasing to all. A toast to the Grand Lodge of Cali fornia was responded to by Mr. An drew Brown in words of dignity and pride. Past Master Alexander Mackintosh followed Mr. Brown in an address elo quent with high, spiritual thought. Mr. Mackintosh said that Masonry is so bound up with religion, so bound up with the moral part of man that it is difficult to separate them. The pur pose of Masonry is to bring a bright light into the lives of men. In this century the crying evil is unrest. Masons should meet together for the purpose of tranquilizing this unrest. First, we must learn to agree with ourselves, then can we be in harmony with mankind. The accomplishment of this would make a community feel the need of Masonic lodges. L. de L. Ward responded to the toast "Our Sister Lodges," expressing a high degree of pleasure in viewing the harmony which exists between the ledges, the ties which have drawn clos er during the past year than ever be fore. Worshipful Master Norman Gedge not being present to respond to the toast "Pacific Lodge," Mr. E. P. Dole ...... r. nnlln.l T 1 ,1 .!,! Hufl cl 1 1 tru . .til. UJIKZ llldUC ail tLUuieso bright with good thoughts and good humor. "The essence of Christ's gos pel is good will to men and that is the essence of Masonry," he said. The greatest purpose in life is to make oth ers happy. No matter whether a man he rich or poor, high in authority and position or of humble degree, unless he has happiness he has not succeeded, for happiness constitutes succass. Mr. Dole closed his address in a happy and popular way by proposing a toast to "the man who brings on the turkey." Hilo lodge was well represented, a speech of good wrill and praise being made by a member of that organiza tion. Past Master M. E. Grossman was asked to respond to the toast, "Our Past Masters." Mr. Grossman spoke at length on the duties of Past Masters and brought out the thought that the end was not reached in Masonry with the attainment of that position. To respond to the toast, "Our Retir ing Master," Past Master Joseph Little was called. In a gracious way the re tiring Master thanked the members of the lodge for their support during the past year and asked the same support for the Master elect during the en suing year. Worshipful Master E. I. Spalding answered to the toast, "Our Master Elect," in an earnest manner. Mr. Spalding gave in a brief form an his torical account of the Hawaiian lodge from its organization up to the pres ent, enumerating the officers, telling of the growth in membership and show ing the flourishing condition of the ldtoge by comparing its present home to the small rooms where it had its in ception. J. M. Oat, S. W., spoke in response to the toast, "The Officers of Our Lodge," bringing out the thought that all should in all things be honest with fellowmen, not only in the lodge room showing a brotherly love but at all times. "Our visiting brethren, they will al ways find the latch string on the out side." was a popular toast to which many responded, a number of visitors benig present. Following the formal toasts, several songs and impromptu speeches were gi ven. Hello Boys Pleased. Some kind ladies remembered the Absolutely V Makes the food more delicious and wholesome hovai baking Telephone Exchange boys on Christ mas with pretty little gifts and good, seasonable installments of food. The treat to the boys is duly appreciated by all of them and very pleasing to Manager Cassidy. The telephone boys are on duty days in the year and it is a good thought for them that some one can go out of the way to mako the holidays happy and memorable. Kalihi Pumping Station. Kalihi district is soon to have that pumping station for which provision, was made by the last legislature. The call for tenders is in the By Authority column of this paper today. It is ad judged by the Interior Department that Kalihi is more in need of improved water facilities than any other section of the city. The people out there hare been urging this for some time. The assessment of taxes for 1S99 will be made next month. There will be an important meeting this evening of Mystic Lodge No. 2, Knights of Pythias. AN ISLAND GROOM. Married Upon Receiving Medical Diploma. One seldom looks for a romance in a medical college, where young people are very much in earnest about their work and have all their life plans yet to make, but Otis Burgess Spalding and Miss Mabel Garrard, who will each receive the degree of M. D. at Cooper College on Thursday next, will be mar ried on the following Monday, the 12th of December, said the San Francisco Chronicle some weeks ago. The young man is a nephew of Dr. O. O. Burgess. All his education has been directed by the distinguished physician. He is a son of Col. R. C. and Mrs. Spalding, of Hawaii, and his mother came to the coast to be present at her son's gradua tion and marriage. Miss Garrard, who has been one of the most winsome girls the college has had as a student, is a niece of Mrs. Charles D. Lane, wife of one of the owners of the great Utica mine, as. well as many other large interests in California. The wedding will be wit nessed by relatives only, and will be celebrated at noon in the apartments of the bride's aunt, at the Strathmore, on Larkin street. Later in the afternoon the young doctors will leave for Angel's Camp, where they will take charge of the hospital maintained by Charles D. Lane and his partners in connection; with the Utica mine and other large mining interests in that section. TO MRS. SKERRET. Widow of Late Admiral Gets a Kalakaua Decoration. (Washington Star.) In 1874 Admiral Joseph S. Skerrett, U. S. N., was in charge of a surveying expedition off Hawaii. While lying there in the United States steamer Portsmouth the Hawaiian Legislature met an. I declared Kalakaua King, but there was opposition enough to en gender an uprising. To quell this the American ships present, under com mand of then Capt. Skerrett. volun teered to land marines and a sufficient fore of sailors to protect the new re gent In recognition of this service King Kalakaua conferred upon Cant. Skerrett the cider of knight command er of his Royal Order of Kalakaua First, and presented that officer with a beautiful medal, accompanied with a diploma. This medal and diploma have remained in the Department of State since 1SS8. The Hawaiian Government having gone out of existence, and Admiral Skerrett having died a few months since, the medal and diploma have been delivered by the Secretary of State to Mrs. Skerrett, who is a resi dent of' this city. The reason why the medal and diploma lay in the Depart ment of State so long 13 because Con gress failed to take action. A fine Christmas feast was provided by the Reformed Church of Latter Day Saints for the Sunday school children. POPULAR PRICES. L. B. Kerr has a fine display of mil linery goods at hl3 Queen street store, and is quoting prices upon other good3 that cannot fall to attract buyers. SOUVENIR CALENDARS. If you have not purchased one of those handsome calendars at the Wo man's Exchange, do so at once be- fore the supply is exhausted. 25c. IRPWOPIEIB 'Pure powdch co., wew vopk.