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ADVERTISER, HONOLULU, JANUARY 31,
THE PACIFIC COMMERCIAL'
At 10 A. M. Daily
the finest train going cast
leaves San Francisco
Chicago in 3 Days
Send for time-tables and
other matter givfng full
information regarding all
of the Southern Pacific
The best in luxury-giving
and speed-making trains.
Send now and you will
receive the information by
I3 'Market St, San Francisco.
Call upon us anj talk with our ar
tist and let him show you some de
signs for decorating the Parlor, the
Dining-room or Den. It is not guess
work with us and when you see our
work you know at once we thoroughly
understand our business.
PAINTER AND DECORATOR.
Good things to have -Sugar Stocks
and S. S. Signs.
To get the best ehould be the first
consideration with every . house
wife. If you could see how carefully the
fruits and vegetables of our
Palace Canned Goods
are selected; how all Inferior good3
are rejected, you would be sure to
use this brand all the time. Sold Dy
C. J. Day & 6o.
THE LEWiN-MEiER COMPANY,
San Francisco, Cal.
bg desired by us
A. N. Sanford,
Over May & Co.
1182 Union Street.
BOARD AND ROOMS.
Tirst class board. Meals 25c.; $4.00
per week. Meal tickets $4.50. Best
ul In the city for the money.
Ts Hawaiian Realty and Maturity Ca .
fteal Estate, Mortgage, Loans and
Homes built on the Installment plan
Home Office: Mclntyre Bldff Hono
tfela. T. H. L. K. KEXTWELL,
Don't drug yourself with poisons for
headache and tired feeling when a
pleasant draught of "Our Celebrated
Bromo Pop" will do the trick.
Our Chocolate Creams, Cal. Lemon
sde. Root Beer, Orange Cider and all
kinds of aerated drinks are the best
on the market.
ARCTIC SODA WORKS.
127 Miller St., Honolulu, H. T.
is mucjt to
nmi nnrsiT lirn P ft PF
jufll or tin ntn ouim
Limit on Evidence
Testimony Upon Killing
of Mrs. Parmenter
All day long of yesterday's court
session, in the trial of E. M. Jones for
murder, was occupied in arguing a
point of law upon the admissibility of
evidence. The immediate Question on
which the wrangle took place was put
to Mrs. Marcus Parmenter on Satur
day. It related to what the witness
saw, within fifteen minutes after the
shooting of Mrs. Sarah Parmenter and
Mrs. Linda K. Jones, when witness
was on the premises of G. W. R. King,
adjacent to the Parmenter home. The
intention of the prosecution was to
show that the late Mrs. Parmenter had
also been shot.
Mr. Dunne presented a long series
of grounds for objecting to the pro
posed evidence as immaterial, ir
relevant and incompetent. After he
had argued long, Deputy Attorney
General Peters replied at length. An
immense weight of authorities on eith
er side of the dispute was carried from
the law library and piled in front of
the battling lawyers, from which they
adduced case after case to buttress
their respective contentions.
Judge Robinson sustained the objec
tion but denied a motion to strike out
the evidence already given by Mrs. Par
menter relating to her hearing her
mother-in-law, the late Mrs. Parmen
ter, say to the defendant, "Pau, Eddy,
also her hearing of a call for help and .
of the reports ot the pistol. Mr. Rob- !
ertson noted an exception to denial of
the motion to strike out. j
By this time it was five minutes to
4 p. m. and the attorneys wrere tired,
Therefore the trial was continued tin- '
til 10 a. rn. today.
Juror Medeiros, as the
about to be dismissed for the day with
the admonition to avoid discussion of
the case with others and each other,
asked if they were to understand that times.
the objection was sustained." j There was litigation over the Kanai-
The court informed the inquirer that ra estate from 1S77 to 1881. A proceed
the matter was one entirely belonging jng was brought by certain claimants
to the court, inferentially making the under Kanaina's maternal grandmoth
jury wise to the fact that their at- er, Moana, and her four husbands, un
tention was necessary only to such der the act of 1874, to quiet land titles,
evidence as was admitted. i resulting in an adjudication of heirs.
THE TESTA LIBEL CASE.
The trial of F. J. Testa, editor and
proprietor of the Independent, for
criminal libel committed against W. G.
Smith was begun yesterday afternoon,
after a special venire of jurors had
been returned to complete the panel
following several peremptory chal
lenges. After the evidence of the comolain-
ing witness, L. D. Timmons of the In- held tne Piece in Question being bought
dependent staff on April 4 last and L. hy Princess Ruth as already stated.
T. Kenake of the postoffice had been M,'HS Peabody. who claimed the land
taken, a copy of the paper containing by devise from one Kahookulimoku,
the alleged libel having been filed as vho' she alleged, was one of the heirs
an exhibit, the prosecution rested. &t ,aw of Charles Kanaina throughout
Mr. Stewart, counsel for the defend- a11 the proceedings before mentioned
ant with Carlo Long associate, moved ma&e no sign of asserting her rights,
for a directed verdict of acr-uittal on Pne tepified that she was living with
the giounds that publication had not Quen Emma when Kanaina died. She
been proved, that the obnoxious article knew there was an opportunity for re
was not libelous under the definition laions to put in their claims to his
of the statute and that it had not been ecat?. also that the claimants Mere
shown that the article had prejudiced calIed to come in. This she knew be
or injured the complaining witness in cause it was a matter of importance
the eyes of the community in those days, and she admitted that
Attorney General Andrews objected ,he ""'hole proceedings were a matter
to the motion relating to the nature ot notoriety throughout the kingdom.
and effect of the article because those
points had been alreaxly ruled against
the defendant on demurrer. As to pub
lication he believed he had amply
proved the case, but if the court held
otherwise he would ask leave to re-
open the case for the prosecution to put ine Kamehamehas. but now they were
on more evidence. . dead she was coming in to claim her
Judge De Bolt sustained the Attor- rights. Her relations with Ruth and
iiey General's objections' except as to Pauahi were of a most intimate ehar-
publication, on which he considered at'ter. She did not stop others from
the prosecution should have at least making claims, but kept hers to her-
one disinterested witness who had read self- Sne kerl her claim from Ruth
the article on its appearance. He because she did not want to set it up
granted the motion to reopen the case a&ainst her. If Ruth and,JPauahi had
for the prosecution, the defense noting made no claim against the estate of
an exception. Kanaina she Mould certainly have put
E. C. Peters was called and testifiea m ner flaim. Her conduct was out of
that he read the article on the after- respect to these two chiefs. When she
noon of its appearance in a copy of heard that the doors were to be shut
the Independent delivered at the At- he brought suit against many per-
torney General's office, where the paper sons and thought nothing about the
was regularly taken though witness purchasers at the Kanaina sale and
cculd not say whether it was paid for now the' wuld suffer. In her testi-
or not. This was four or five days be- mony plaintiff emphatically denied that
fore his attention was called to tne sh intended to deceive or mislead any
article officially as a basis for prose- one. or that other claimants should act
cution. j without knowledge of her claim.
A. M. Brown, former High Sheriff, ' E- c- Peters appeared for plaintiff;
testified that he read the article on Kinney, McClanahan & Cooper, S. H.
the date of its original publication. The Derby anj Holmes & Stanley for de
paper was received regularly at tne : fondants.
i-iign Sheriffs office and his reading
of the article was not connected with
any legal proceedings.
The prosecution again rested and, it
being close to the regular hour for
adjournment, the trial was
Unfit K ; : . 1
ww ,,,,.. 0 attempt was j
...o.ue iv, even aswri me trutn or les-
Sophia Rodrigues Caspar petitions
that she be appointed administratrix
of the estate of her late husband. Man
uel Rodrigues Caspar, which is valued
at S2130 mostly represented by land and
houses at Kalihi. Besides the petition
er, the heirs are three sons and two
daughters, nil minors.
Chas. Valpon, larceny; Taga, at
tempted bribery of officer and Akata,
assnult with a weapon, pleaded not
Regard for Her Chiefly
Friends Costs Miss
Lucy K. Peabody has lost her appeal
to the Supreme Court by writ of error
to the Circuit Court of the First Cir
cuit upon her claim to certain land
against the Bishop estate. At the close
of the evidence in the court below the
defendants moved that a verdict in
their favor be directed on several
grounds, including equitable estoppel,
on which ground alone the motion was
It was al! on account of the plaintiff's
omission to set up her claims as an
heir of Charles Kanaina. in the year
1879. when the estate of that person
then deceased a very large estate
was being wound up by the administra
tor. The land was bought by Ruth
Keelikolani, whose devisee, Be mice
Pauahi Bishop, devised it to five trus
tees. Plaintiff made no claim because
of instructions from her grandmother
that she should not set up her pedigree
as in any way eonneeteu with the Ka
mehamehas. She told no one about
her claim and, after the death of the
1 oval princesses, Ruth and Pauahi. she
thought no more of the matter until in
formed that all of the claimants of the
estate were going to be shut off. She
did not intend to deceive or mislead
It is held by the Supreme Court, in
a unanimous opinion written by Jus
tice Hartwell, that the verdict for de
fendants, trustees of the Bishop es
tate, was properly directed, the plain
tiff having had "the opportunity and
apparent duty to speak," that her si
lence under the circumstances equita-
bly estops her from now presenting her
claim; also that her motive for not
presenting her claim was immaterial,
the consequences being the same as if
she had intended that her silence
should lull those concerned into a sense
The motive of plaintiff in her eostly
reticence, as shown by her own evi-
dence, throws an interesting sidelight
on the high regard that was paid to
Hawaiian chiefs, even in quite recent
The suit was brought by Kalakaua
against W. C.
and is reported in Sth Hawaiian. In
a later proceeding the act of 1874 was
held to be unconstitutional, and a new
decree of heirship was made. In De
cember, 1879, Parke filed a petition for
a sale of the real estate, owing to a
disagreement of heirs regarding a di
vision, and a sale was ordered and
She had seen the notices of sale in
Yet the plaintiff made no claim be
cause of the instructions of her grand
mother that she was not to set up her
pedigree as in any way connected with
THE DREDGING CONTRACT.
The Hawaiian Dredging Compaliy'.
claim on a contract against the Super-
i intendent of Public Works was again
j before Judge Robinson yesterday aft-
ernoon. Siinprintpmipnt Tiniinnvn- 1,-.
on the stfJnd. hut objections to what
t - - ---- - - -- -. .. ---V-L' - J It
Mr. Cathcart intended to prove by him
were sustained. Mr. Cooper. with
whom Messrs. Derby and Wilder were
associated for plaintiff, moved for
judgment, but Mr. Cathcart said he
had not had an opportunity to argu-
the case on its merits, and at his re
quest the hearing was continued. It
will be resumed at 4 t. m. Thursdav
Manual Vasconcelles, who appealed '
from conviction of drunkenness in the
Honolulu District Court and was there
fore indicted for the offense, pleaded
guilty yesterday and Judge Robinson
fined him 16 and costs.
This Hardly Expresses What
Honolulu People Say
of It. .
Good natured people are often Irri
table. If you knew the reason, you would
not be suprpised.
Ever have itching piles?
Not sick enough to go to bed; not
well enoug? o oe content.
The cons :t itching sensation.
Hard to oeai; harder to get relief.
Spoils your temper, nearly drives you
Isn't relief and cure a long-felt
You can have relief if you will fol
low the advice of this gentleman.
Mr. Frank Leibly of 326 S. Main St.,
Wilkesbarre. Pa.. TJ. S.. who says: "It
is with much pleasure that I testify to
the merits of Doan's Ointment in cases
if itching piles. I suffered from that
tormenting affliction for the past year.
I tried nearly everything that Was rec
omn.ended to me and what I saw ad
vertised, but I could get no relief. Fin
ally I procured Doan's Ointment. After
a few applications I was much re
lieved, and, continuing the treatment.
I was soon completely cured. I have
felt no signs of that intolerable Itching
since, and it is four months ago since
I used Doan's Ointment. To say that
I was delighted is only half expressing
my enthusiasm. I recommend this
remedy whenever the opportunity is
presented. You may publish my state
ment at any time and I can always be
found at 326 S. Main street, and will
vouh fr the same."
Doan's Ointment Pills for sale by all
dealers; price 50 cents. , Mailed by The
Hollister Drug Co., agents for the Ha
Remember the name, DOAN'S, and
take no substitute
An Enjoyable Outing.
The most attractive day's outing is
that afforded by the excursion down
the railroad line. The HALEIWA
LIMITED, a first-class train, leaves
Honolulu every Sunday morning at 8:22
o'clock making tne run in two hours,
the rate for round trip being only $2.00.
Prom 10:22 a. m. until 8:10 p. m. is
spsnt at the beautiful HOTEL HA
LEIWA, with fresh and salt water
bathing tennis, golf drives and walks,
shooting or fishing and you are back
in town at 10:10 o'clock in the even
ing. Last Lecture!
MR. CHAS. W. LEADBEATER
F. T. S. and M. R. A. S.
"Will deliver a lecture on the
Illustrated with beautiful
stereopticon views, snowing the
different forms produced by
ALEXANDER YOUNG HOTEL
On Saturday, February 4, 8 p
Tlokots, 0 o-fcss.
To arrive Feb. 3 per S. S. Nev
adan, fine bred fresh milch cows,
Jerseys, Holsteins and Durhams.
Also thoroughbred and fancy
poultry. This stock personally
selected by C. H. BELLINA,
CLUB STABLES, Fort Street
above Hotel street.
Telephone Main 109.
EUROPEAN SHAVING PA8L0H
Three first-class barbers in attend
ance. Our Parisian spray a specialty.
Ladies! Try our famous Parisian
Arrangements made to attend ladies
at their own residence at a very mod
erate charge. We solicit a trial.
928 FORT STREET,
Opposite Pearson & Potter, Ltd.
Oi3.grla.t to imo-w
Learn to buy certain brands that
are known to be first class.
If you wish the best brand, pure
and fresh, ask for
SUNRISE CREAMERY BUTTER.
Guarantee goes with every pound.
Just telephone to Blue 2511, we will
deliver to your home.
C. Q. Yee Hop & Co.
WEDNESDAY, FEB. 1, 1905
10 O'CLOCK A. M.
I will sell at my salesroom, S47 Kaa
humanu street, very choice furniture,
etc.. from "The Clifton," consisting of
Wardrobes in Mahogany and oak.
Bureaus in Curly Birch and Mahog
any. Dressers in Curly Birch and Mahog
any. Pedestal Hat Racks in Mahogany.
1 Drop Cabinet.
Howe Sewing Machine.
1 Combination Bed-Wardrobe-"Writ-ing-Desk,
Etc., in Quartered Oak.
1 Brass Bedstead.
2 New Ostermoor Mattresses.
This furniture is nearly new and up
to date in style and finish, in fact,
there is none etter of its kind.
1 Monarch Oil Stove (nearly new),
with Oven, Etc.
WEDNESDAY, FEB. i, 1905,
10 O'CLOCK A. M.
I will sell at my salesroom, 847 Kaa
Quartered Oak and Upholstered in
Three-branch Chandelier for Electric
Crockery Stone Crocks Basins
Very Pretty English Breakfast Set.
One Wrhite Iron Bedstead, Etc'., Etc.
These sales for Wednesdays are at
tractive owing to the superior quality
of the goods.
JAS. F. MORGAN,
SITUATE KEWALO, HONOLULU,
Territory of Hawaii.
I am instructed by Messrs. Thayer
& Hemenway to sell by public auction
at my salesroom, 857 Kaahumanu st.
Honolulu, on "WEDNESDAY, February
1, 1905, at 12 o'clock noon, the follow
mg valuable property, being lots 34
and 35, in block 7 of the feewalo Tract
containing an area of 10,000 square feet.
being part of the land described in
Royal Patent No. 5716, Land Commis
sion Award No. 10,605, situate on the
corner of Queen street and Ward ave
Together with all buildings of what
Terms cash in United States gold
coin. Deeds at the expense of pur
For further particulars apply to Mes
srs. Thayer & Hemenway, Stangen-
wald building, o at my office, S57 Kaa
JAS. F. MORGAN,
WEDNESDAY, FEB. i, i9o5,
12 O'CLOCK NOON.
At my salesroom, 47 Kaahumanu
WEDNESDAY, FEBRUARY 1, 1905
Property in Kewalo Tract.
SATURDAY, FEBRUARY 4, 1905
The Progress Block on Fort street
SATURDAY, FEBRUARY 4, 1905
Property Situate Honoakaha, Ho
nolulu. SATURDAY, FEBRUARY 25, 1905
Valuable Property Alakea street.
At (front entrance) Judiciary Bldg.
12 O'CLOCK NOON.
SATURDAY, FEBRUARY 4, 1905
The Pacific Heights Electric Rail
way. SATURDAY. FEBRUARY 4, 1905
Property on Waikiki road.
SATURDAY, FEBRUARY 2?, 1905
The Puna Sugar Plantation.
JAS. F. MORGAN,
Castlo Ft Cooke, Ltd
The Ewa Plantation Co.
The Waialua Agricultural Cow. Tt
The Kohala Sugar Co.
The Waimea Sugar Mill Co.
The Fulton Iron "Works, St. Loulm.
The Standard Oil Co.
The George F. Blake Steam Pump-
The New England Mutual Life Inrow
ance Co., of Boston.
The Aetna Insurance Co., of Hrt
The Alliance Assurance Co., of L.
The Expert Dentist
For Honest Work at Low Prtwa,
F. L. FERGUSON, D. D. 0.
No. m Hotel street. 1m front of Yts&a
KEAVER LUNCH RCOM3
H. IT. HOtTM.
Harrison Mutual Burial Ansod.
tion of Honolulu
Has over 3000 members. Has buried
102 members during the two years since
its organization. $4.50 entitles you a
certificate in Class A, entitling you to
all its benefits.
J. H. TOWNSEND, Secretary.
W. W. AHflHfl S GO.
Waity Building, King Bt
Phone Blue 2741
American and For clan
Manufacttrers of Straw Hats.
JAPANESE AND AMERICAN
Straw Hat Manufacturers.
28 to 32 Hotel U
WM. T. PATY.
Carpentry all kinds attended te.
Give us a call.
G. W. LINCOLN
Contractor and Builder
k. FINE NEW ASSORTMENT
Direct from China.
in all colors
also embroidered pieces for Shirtwilsa
tiwong Yuen fling G.-
36 and 38 N. King Street.
BEST QUALITY AND LOTS MOJUI
TOUCHED SODA WATER USE!!
PHONE MAIN 71.
Any sewing machine cleaned and
put in order for one dollar!
Jno. M. Davis,
1157 Adams Lane, near Union.
Ring up Territorial Messenger Ser
vice, telephone Main 361, and iavi
pays the charges.
COTTON BROS. & CO.
ESGINEERS AND GENERAL CON
Plans and Estimates furnished for U
classes of Contracting Work.
Boston Block, : : : : Honolul
135 Merchant Street.
' MACHINERY REPAIRED.
Ship and General Blacksmithing.
Brass Goods, Pipe and Fittings, Uur-
rmvs' Wir,. Screens.