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SUNDAY ADVERTISER, AUGUST 23, 1903.
hne. f f. ami loit ti 1 of ti "1 ot a. 'Ctrldty '0 yonr la tcy 1 area !or acj 1 every ; Cf 1ESSE MOORE A. A. WHISKY DE8T ON EARTH Old Pure Palat able i and form,,,! 0 ten,, eTr trfe- fj Aged In PS Wood Si CO.. Cb::n:ratsi 1 i r ! MORE HOLT LITIGATION Bruce Cartwright and H. Smith Cited. Their Control Alleged Unlawful as Well as Hurtful. Judge Gear Gives Jung Hing Her Children and Denounces Jue Gun. 'J General Export Af U, BpreckelV Bldg. Honolula, H. T. . "J?"" Jesse Moore-Hunt Co. ave Half YOUR Cigar Momey and get a better smoke La Flora de General Arthur! FOR SALE BY ALL, DEALERS. GUNST-EAKIN GIGAR CO., BOLE AGENTS. See Our Display ! Refrigerators Ice Boxes SOLD ON EAST TERMS. W. W.DIMQND&CO,, LTD. Importers of CROCKERT, GLASS ad HOUSE FURNISHING GOODS. Sole Agentm In the Hawaiian Terri tory for JEWEL STOVES. GURNET CLEAN ABLE REFRIGERATORS. MONARCH BLUE FLAME OIL rtoves. Puritan blue oil , STOVES and PRIMUS STOVES. U. S. V CREAM SEPARATORS. DET LIME REGISTERS. U-tn KING ST. Honolulu. T. H. Another move was made yesterday In the controversy over ihe e3taie of Robert, "William Holt, whose last will was admitted to orobate more ih.m forty years ago. Carlos A. Long, represented y h'S attorneys, C. W. Ashford and Ella A. C. Long, sued out an order to shw cause, or alternative writ of manda mus, against Bruce Cartwright and Henry Smith, who are acting respec tively as administrator and trustee of the estate. Judge Gear signed the Ol der, which Is made returnable be'ore him at 10 o'cock a. m on Monday, August 21. "It Is ordered," the writ runs "that said Bruce Cartwright and Henry Smith and each of them do forthwith desist, and hereafter wholly refrain from acting or claiming or pretending to act as, and from claiming or pre tending to be either the administrator with the will annexed of the estate of said Robert William Holt, or the trus tee under the will of said Robert Wii liam Holt, and that they and each of them do desist and refrain from as suming or pretending to act for or on behalf of said estate in anv repre sentative capacity whatsoever: and that they and each of them do forth with transfer and deliver to said Car los A. Long, administrator di bonis non with the will annexed of said es tate, all and singular the securities, papers, moneys, lands, property and effects which at the date of service upon them of this order shall be 1 or under their or either of their pos session, custody or control." In the alternative, they are ordered to show cause at the time already stated "why they and each of then. should not be further and peremptori ly ordered, commanded and compelled. under appropriate penalties for any disobedience of such order," to do the things mentioned In the former part of the order and, further, "to forth with transfer, pass over and deliver Into the custody and control of said petitioner, all and singular the secu- rities, papers, moneys, property and effects which belong or in anywise per tain to the estate aforesaid, which they, the Bald Bruce Cartwright and Henry Smith, or either of them now have, or at the date of such order shall have, in their or either of their pos session, custody or control." The petition of Carlos A. Long makes allegations as condensed below. He claims to have been duly ap pointed, qualified and commissioned as administrator de bonis non with the will annexed of the estate on July 30, 1903. His Immediate predecessor was Alexander J. Cartwright, who de ceased In the month of July, 1S92, and had no successor appointed by any court until the appointment of thtr ptitIoner. Upon the death of said Cartwright his son, Bruce Cartwright, assumed the administration of the estate and periodically rendered the Circuit Ccourt certain statements of account of his administration. It is stated that Bruce Cartwright acted as such administrator by virtue of a commission issued to him entirely without authority of law by Henry Pm;th, purporting to act in the matter as clerk of the Supreme Court, bu'. that he acted entirely of his own per sonal volition without the authority of the Supreme Court or any other legal authority. Bruce Cartwright Is there charged with iimr careless and negligent in his administration, more particulars that for three or more years preceding i'j)0 he failed to make returns of the prooertv to the Government for tax ation, the consequence being that cer tain of the lands were assessed exces sively high without the right of ap peal. Then It is charged that while Bruce Cartwright was administering the es tate certain of the heirs at law of Holt gave a lease of 12.500 acres of land to the Waialua Agricultural Co for 50 years to expire December 1, 1943, at a rental of $3500 arear for the first five years and a rental thereafter to be represented by a certain percent age of the sugar to be produced upon such lands. Cartwright is alleged to have been cognizant of this lease but made no objection to its execution, and to have neglected ever since to collect any of the rent accrued and to take any proceedings for the forfeiture of the lease. The administrator is declared to have abandoned all his duties toward the estate on .or about June 6. 1900, transferring the entire business to Henry Smith, who at that time took over from him, and assumed posses sion, custody and control of the secu rities, papers, cash, property and ef fects of the estate. Henry Smith is represented to have assumed the duties of trustee by vir tue of "a certain pretended appoint ment" by the Circuit Court, which the petitioner claims was not a legal ap pontment. It Is declared that Smith holds securities and cash belonging to the estate of the aggregate value of $26,000 or thereabouts, that he Is hand ling the affairs of the estate and that he has refused to surrender to th j petitioner "the securities, papers, cash lands, effers and property" belonging to the estate. Further, it is alleged that the man agement of the estate by Henry Smith has been careless, negligent and wasteful. More particularly he is ac cused of failure to return the prop erty for taxation for the years, 1900, 1901 and 1902, with the result of exces sive assessments without right of ap peal. Also, for the years mentioned, It is alleged he failed and neglected to compel the lessees of lands to pay their taxes, whereby the estate is made lia ble for the 10 per cent penalty. Also, he Is charged with failure to collect the Interest on certain Investments, to. enforce the payment of overdue mort gages and to collect rent from the Waialua Agricultural Co. now in ar rear about $14,000. Finally, he complains that Henry Smith did demise and lease to John Emmeluth certain lands at Wahiawa, for a period of 49 years from May 1, 1S9: at a yearly rental of $10,000. but has entirely failed 'and neglected to collect any rent under the lease other than $5000 for the first six months. leaving now due and payable thereun der $3o,000 or thereabouts. It is con tended that Bruce Cartwright is legal ly responsible for all the acts of Hen ry Smith in the matter. THE MOTHER WINS. Argument in the habeas corpus case yesterday morning was succeeded promptly by Judge Gear's decision oral ly made. It was to the -effect that Jue Gun, the petitioner, was not entitled to the custody of the two children produced in court by the mother, Jung Hlng. under the writ, and that the chil dren remain with the respondent. Further, the Judge requested Mr. Douthitt, attorney for the respondent. in the absence of the Attorney-General to lay an Information against the pe titioner, Jue Gun, for keeping a house of prostitution. Mr. Douthitt In his argument charged Jue Gun with perjury and contended that whether he was legally married to Jung Hing or not he had proved an unfit person to have charge of the chil dren. Mr. Cathcart argued that the pre sumptions of law supported the prop osition that Jue Gun and Jung Hing were married. He requested the court, if it found Jue Gun was unfit to take custody of the children, to appoint a suitable guardian for them. . Judge Gear in deciding the case did not consider it necessary to declare whether the petitioner and respondent were married. He expressed himself as very loth to recognize a marriage where there had not been prior consent, and in this case the evidence showed that the woman did not give her consent. it was enougn tnat there was con clusive evidence of the character of Jue Guri and his disreputable business which made it Impossible to consign the babies to his care. An order was made to bind over the witnesses, including the mother, to appear In the case against Jue Gun before the grand Jury. COURT NOTES. Judge Gear appointed H. Mlkl as temporary administrator of the estate of M. Kunabara In place of Shige To shilchl. resigned, under bond of $1000. which the appointee has furnished with the Fidelity Insurance Co. as surety. Toshiichi resigned because he could not obtain a bond. J. W. Jones has taken the oath of office as stenographer to Circuit Judge Robinson. AN OLD-TIME HONOLULU FEAST ARMORED CRUISER LAUNCHED. I 4 4. r5-..y---.l..t r li j. i j . . v s .... j,,,..,.,- X AB110RED CRUISER PENNSYLVANIA. M-f It is nearly forty years since the close of the Civil War, the greatest conflict of embattled hosts in modern history, yet there are some kamaalnas who re member the day that the bark D. C. Murray, flying all her flags and pen nants. sheets and pillowcases, appear ed in the offing bringing the news that General Lee had surrendered at Ap pomattox. Kamehamfha V. was King and Mr. Pierce was the American min ister. A large majority of the Ameri can residents being natives or the northern states, a fitting observance of the close of the war was proposed Wilcox and Richards, who were doing business in the building now facing Queen street, directly in front of the boat landing, offered their store for the occasion, and when the hour came for touching off the celebration nearly all the prominent residents of Hono lulu, including the full diplomatic corps, were assembled in the spacious store. On the festal board was sumptuous array of the first things of a good dinner, while the wjne list was even more elaborate than the food bill Many toasts were drank, and it re mained for Admiral Poppenhoff. com manding a Russian war vessel then in port, to propose something quite unique. "Well," said the doughty sail or, rising in his cnair, - neree 10 me two great nations of the future Amer ica, bounded by Russia, and Russia, bounded by America." Paradise of the Pacific. - PHILADELPHIA, Aug. 22. was launched todav. -The armored cruiser Pennsylvania S CLOSING OUT SALE OF Men's Furnishing Goods WE REQUIRE THE PARTMENT. SPACE FOR OUR SHOE DE- In order to give our Shoe Department the necessary room to handle large shipments of SOROSIS SHOES, due to arrive ex Sierra, we will commence tomorrow, Monday, August 24, a bargain quit price sale of Men's Shirts, Hosiery, Underwear, Etc. THE GOODS ARE ALL NEW AND CLEAN. WEEK SHOULD QUIT THE ENTIRE LINE. Men's Negligee Shirts . . ONE MICKEY THE KNIGHT. Now, Mickey O'Flynn And Patsy McGinn Had a feud of a week's duration. And Mickey's strong right Had damaged Pat's sight And Pat asked an explanation. Then Mickey explained In a manner quite pained. Said he to poor Patsy, "Was it Fer me to sthand by An' hear ye give de black eye To me frind the Douglas Closet!" And so the feud ended. And this is intended To show that the Douglas Patent Closet is a thing worth fighting for. Balbriggan Undershirts Men's Black Cotton Half Hose Worth 60c. Worth 75c. Worth 85c. Worth 11.00. Worth 11.25. Worth 40c. Worth 50c. Worth 60c. Worth 75c. Worth 15c. Worth 25c. Worth 30c. Quit sale price, 35c. Quit sale price, 45c. Quit sale price, 50c. Quit sale price, 65c. Quit sale price. 75c. ' Quit sale price, 25c. Quit sale price, 3 for $1.00. Quit sale price, 40c. Quit sale price, 50c. Quit sale price, 10c. Quit sale price, 15c. Quit sale price, 20c. Men's Fancy Cotton Sox, worth 35c. Quit sale price, 25c. Black Cashmere Sox, worth 60c. Quit sale price, 40c. Natural Wool Sox, .worth 60c. Quit sale price, 40c. Fine Natural Wool Shirts and Drawers, all sizes, $1.25. Elastic Seam Drawer?, good quality, all sizes, 40c. Neckwear, Suspenders, Pajamas, At prices worth coming to Queen Street for. A Talk About Shoes J SPECIALS THIS WEEK. Ladies white kid 1 strap slippers, all sizes $1.00 pair Men's genuine Russian olt skin lace shoes 2.50 " Barefoot Sardalr, infant's sizes 90 " " children's sizes 115 " " mifses' sizes 1.25 " " ladies' sizes 1 65 ALL THE ABOVE TO BE FOUND AT OUR TEM PORARY PREMISES. L B. KERR. & CO., LTD. FORT AND QUEEN STREETS riental Bazaar . . A fine line of Chatelain Bags. French Knot, hand made and best quality, with Silver Chain and Ivory fasteners, ranging- in price from $3.00 to $20.00. Also Ivory and Sandal Wood, hand caned Silk embroidered Fans, $1.00 to $50.00. Waity Building, King Street opposite Advertiser Office. Phone White 2748. BIG FIRE IN- 1907. Lee J. Spangler. of York, Pa., who has been a close student of the Bible for many years, making deductions from the prophecies found therein, has come to the conclusion that "the world will be destroyed by fire in the year 1907." He gives his fellow men fair warning. Mr. Spangler is a successful merchant, but he has not begun to close up lis business affairs. During these Hard Times j And until further notice the NEW ENGLAND BAKERY will sell from their store on Hotel street, commencing April 1st, 35 tickets, calling for 35 Loaves Bread, for One Dollar. Guaranteed best qual ity and full weight. Bread deliv ered from the wagons will be 28 Loaves for One Dollar. The dif ference is simply the cost of deliv ery, which benefit we extend to our customers. T - t . 'J - . New England Bakery J. Oswald Lutted. Mgr. T Record contain, all or th oOclal. tctn-t. corporation, toreclorure. and part nerthlp notice. publlhed-ln all of the Er.g'.Uii newspaper, published to ta Territory. t -f - .". V...-v -..,,1..:...-: ..vHf . . - , -- ;. - -i 7 ?y . - : V: ' m - 'aiQ -i -' .i . , i ..' n , ' - -- "' : "-J. .:. v... . i'i. L i mi hi i ii in jtJ A GLIMPSE OF CENTRAL PARK, NEW YORK. 1