Newspaper Page Text
S. WEATHER BUREAU, OCTOBER 19. Last 2i hours rainfall, .03.
Temperature, Max. 81; Min. 69. Weather, unsettled.
SUGAR 96 Degree Test Centrifugals, 3.625c; Per Ton, $72.50.
88 Analysis Beets 8s 6d; Per Ton, $76.40.
ESTABLISHED JULY 2. 1856
XLIL, NO. 7239.
HONOLULU, HAWAII TERRITORY, FRIDAY, OCTOBER 20, 1905.'
PRICE FIVE CENTS.
SUED BY CLIENT
A. S. Humphreys.
A Cable Ship Officer Claims $10,000 Damages
of the Former Judge for False Action
and Abusive Conduct.
Former Judge Humphreys is up
Xagainst a serious situation as a law
practitioner if Second Engineer Laker,
of the cable ship Restorer makes good
his charges against him in the rela
tions of attorney and client.
An action for $10,000 damages has
Aeen brought against A. S. Humphreys,
attorney at law, by John W. E. Laker,
v& recent client of defendant. Henry E.
Highton is attorney for complaisant in
4his damage suit. The cause of action
alleged is malicious civil prosecution
in the District Court of Waialua.
Trom the complaint, filed yesterday for
-the September term of the First Circuit
CUurt, the following allegations are
Plaintiff is the second engineer of
he cable ship Restorer, now and since
April 24, 3905, in the port of Honolulu.
.He is also a member of the Honolulu
plaintiff would pay the fee of twenty
five dollars aforesaid, which in fact the
said plaintiff was fully prepared to pay
and did pay to the said defendant,
atter the premature action aforesaid
had been so dismissed as aforesaid, in
exact conformity with his agreement
as aforesaid, and" for the purpose of
humiliating and discrediting the said
plaintiff before the. said ladies, the said
members of the Honolulu Engineering
Association, and other guests at the
said hotel; and that, in consequence of
the violent and abusive language and
conduct ot tne said deiendant, and the
commencement of said action and the
service of process therein as aforesaid,
the said visit of said two ladies to
Waialua was broken up and cut short,
and they were escorted back to said
Honolulu by the husband of the one
and the father of the other.'
A second count goes further into de
tails. It is alleged that, to humiliate
and discredit the plaintiff, and to bring
him into obloquy and disgrace before
the hotel guests and especially before
the two ladies, the defendant wantonly
and maliciously deferred the service of
On September 18 Laker sought the j th proceas until af ter the dinner had
advice of Humphreys on a point f law, j commenced and the plaintiff was seated
and the following dav Humphreys oral- at the dinner table with the members
lv gave to him his opinion on the ques- Kf the Honolulu Engineering Associa
' , . . , , - mi , , ! tion, in view of them and of the other
turn submitted. The agreed charge was j gaestg Humphreys is charged with
twenty-five dollars, which Laker prom-j having "pointed out the said plaintiff
ised to pay the attorney "at. the com-: to the said deputy sheriff," and about
inencement of the month of October. J half an hour thereafter, or 8 p. m., "at
me instigation ana unaer tne direction
COST A FORTUNE
witness Townsend Is Kept in the
Dark and Vida Committee
All the supervisors were present at last night's meeting with the exception
of Cox, and there was a plentiful sprinkling of police in the hall.
The minutes of the last meeting were read and approved.
The chair called for ex-Detective Townsend, but that elusive individual
again failed to put in an appearance and. Captain Parker was sent out on his
Union Iron Works Awarded Contract and Gets
Thirty Thousand Dollars if Does Job
in Thirty-Five Days.
(Associated Press Cablegrams.)
SAN FRANCISCO, October 20. The Union Iron Works has
Adams was anxious to have proceedings in the Vida investigation matter J been awarded the contract to repair the Alameda "within 35 days.
The cost will be $30,000.
stand over until Townsend could be found.
In response to an inquiry by Chairman Smith, Capt. Parker stated that he
thought he could bring Townsend before the supervisors in half an Lour.
A batch of demands for material, supplies, etc., on behalf of the different
departments, was passed and ordered paid.
Captain Parker appeared and stated that Townsend could not be found,
despite a thorough search having been made for him.
The Townsend-Vida matter was then formally taken up
Chairman Smith read the following communication which he said, he had
received yesterday morning:
Honolulu, T. H., Oct. 19, 1905. meeting: last night and Townsend
Hon. Geo. W. Smith. Chairman, Board promised to be there at 7:30 o'clock.
nIo sii- ro'airo at thio Hma to ' Moore moved that the investigating
withdraw my comDlaint acrainst Assist- committee De aiscnargea ana Lucas
ant Sheriff "Vida for the incident in his instantly seconded.
omce on tne 7th mst. between mmseir Adams demanded good and sufficient:
ana me ana wnicn your juonorame
Rnard is now inveatic-a tlner.
I feel satisfied that what occurred at I Ane committee nas maae no report
that time was done on the impulse of to me, said Adams, "and it looks as
the moment and that It is due Mr. If they're hiding something. I don't
JAPAN'S NAVAL PRIDE.
'TOKIO. October 20. The Emnernr will review iht naval fnrre
. ' . ... " -
next week, ihe parade will be composed of 7 columns and will he
10 miles long.
'x - A. D. 1905."
On September- 30 the defendant eom
menced an action against the plaintiff
in. the district Court of Waialua, to rer
cover the sum of one hundred dollars
for the professional services aforesaid,
oa whieh date District Magistrate A. S.
JMahaulu issued a summons to this
"Maliciously and without reasonable
or probable cause," the defendant in
structed the magistrate to place the
summons in the hands of the Deputy
Sheriff of Waialua for service, which
was done and that officer .duly served
the summons. By reason of such serv
ice the plaintiff was compelled to em
ploy an attorney to represent him in
"the action, who duly appeared in the
Magistrate's court at half -past one
o'clock on October 2. The plaintiff,
Humphreys, did not appear either per
sonally or by attorney, and tho action
was in open court dismissed.
By reason of that action. the plaintiff
was put to the expense of a journey
from Waialua to Honolulu and return,
also that of his attorney's journey to
Waialua from Honolulu. Including the
attorney's fee of $JU paid, tne ex
penses in question amounted to about j
"To establish express and
of the said defendant the said plain
tiff-was eailed out from the -said - dinner-table
and then and there by the
said deputy sheriff served with the
summons or process aforesaid."
From the premises the plaintiff
claims $10,000 damages of the defendant.
LESLIE LOSES LIFE
CLAIM Otl I, I, S, II, CO,
Vida, whom I have the greatest con
fidence in, that he should be exoner
ated from all blame.
I therefore request that your Honor
able Board discontinue the investiga
tion and exonerate Mr. "Vida.
I beg to remain,
Tours very respectfully,
"The chair feels that the committee
has been treated contemptuously in
this matter," said Smith, "and that
reflection has been cast on the whole
Board of Supervisors.'
The chair stated that he had seen
Townsend and asked him if he had
written the letter under pressure and
that Townsend had told him that he
had drawn the letter up himself and
written it on his own typewriter. He
told him to attend! the supervisors' I
Moore said that he had been totally
unable to find Townsend and as Town-
send had withdrawn his charge against
Vida he moved that the committee be
"Townsend has tried to put up a job
on Brawn and -yida," chirruped little
Lucas, -. "and now he's afraid to come
before the supervisors lest he get the
worst end of the deal."
"Maybe he's scared to death," sug
gested . Adams.
The virtuous Vida rose from his seat
"That s a reflection on me, ne
"Sit down," said the chair, "and
speak when you're spoken to."
(Continued on Page 2.)
BRISTOL, Conn., October 20. Of the money stolen by Mes
senger Cunliffe from the Adams Express Company $80,000 has been
- ... 1
THE WORM TURNS.
VICTORIA, October 20. There is a revolution in Northern
Korea. The Japanese are suppressing it, following Korea's inaction.
RALEIGH, N. C, October 20. President Roosevelt has re
ceived ovations through the state.
" O 1 '- ' '
A cablegram to Smith & Lewis states
that the Ninth Circuit Court of Ap
peals has decided the case of Leslie vs.
Inter-Island Steam Navigation Co.,
Ltd., against the plaintiff, who appeal
ed from Judge Dole's decision in favor
of the defendant.
Leslie sued for $50,000 damages on
account of being laid off from employ
ment by the I.-I. S. N. Co., claiming
that his engagement was practically
for life. He was engaged- as a first
j mate, having a master's certificate,
land, according to his complaint, he was
actual promised early promotion ana perpet-
MONEY WAS LOST AND WON
IN MOORE'S GAMBLING DEN
Damaging Testimony Against the Joint Given
by Advertiser Reporters and Others Court's
Decision Reserved Until This Morning.
Judge Dole, in an exhaustive review
jnalice by the defendant," Humphreys,
and "to lay the foundation for the
jecovery cf exemplary and (or) puni
tive damages in this action," Laker
"That on said September 30th, A. D.
1905. the said plaintiff, as the said de-
i fendant well knew, was at Waialua 1 for the defendant, yesterday announced
,.af oresaid, temporarily, and stopping at I that the appeal was dismissed. J. J,
the Haleiwa Hotel at said place; that Dunne was Leslie's a
The case against Chas. Moore, Sam
iaact the said plaintiff was thero,
with two ladies of Honolulu aforesaid,
ihe wife and daughter of one of his
friends, who were his guests, and in
tended to remain at the said hotel,
with his said guests, until the follow
ing Tuesday, October 3d, A. D. 1905;
that the said plaintiff was also at said
Waialua, to attend the semi-annual
dinner of the Honolulu Engineering As
sociation, of which he was and is a
member, held on the evening or saiu
September 30th, A. D. 1905,
of the law bearing on the case, found Apoleona and Hirano. charged with
was taken by complainant to the ap- vv""""6 " & 6 w -s
pellate court in San Francisco. A Ca- I street near Liliha street, came up in
blegram to Smith & Lewis, attorneys j hafrQ th w,nA.,
yesterday morning, Frank E. Thomp
son appearing for the defendants.
The witnesses in the forenoon were
BROKER POLLITZ AfiO
LOCAL SILK CULTURE
ment the shuffling of feet, voices and
a bottle or glass dropping. I heard
the denomination of money called
'five dollars,' 'ten dollars, and I heard
expressions which I take it emanated
from players of a game. I heard some
bodv yell, 'shoot the piece!' I also
heard the click of dice and an alter
cation between a Japanese and an
! other man. Then followed quietness
.Tananese. Hamano. Kimura and Mia-
tificr. to havliiB- won nrt incf kronen only Dy tne cues or tne aice.
I was there ten or fifteen minutes."
The widow of Sing Kee, who owned
the premises; ex-detective Townsend
Mr. Pollitz, the San Francisco broker,
at said ' nas been investigating the silk worm
money at the Moore game on many
. . 1
occasions, one witness tesiiiying to
havin? -won as much as J250 in a single
day. They had also "contributed," '
. . luteiv no lniormation ot vaiue.
presumaDiy to me maintenance 01 me
The members of the Advertiser's edi-
HAD FAMOUS ANCESTOR.
Peter Peabody Davis died at Moana-
ened to have him arrested and caused 1 lua yesterday morning
uct is excellent. As there is a duty
65 per cent, on raw silk, Mr. Pollitz
believes that the local article would
sell at a large profit. Silk culture
would utilize a great many of the Japa
nese women and children.
Haleiwa Hotel; that, during the days industry and states that he will pat . . renortorial staff took the
last aforesaid, preceding and in connec-; $10,000 into it. Silk worms have been . , durin the afternoon
II. M. Ayres, an Advertiser reporter,
He testified to knowing Moore and
to having visited the gambling house
on King street, run by Moore, early
I went up the stairs," said Ayres,
"but could get no further than the sec
ond floor, the stairway leading to the
next story being closed 'by a door. I
went to see a party. I had the best
of reasons for knowing that a gam
bling game was being carried on.
"In the door which blocked the pas
sage of the stairway was an aperture
and when I knocked at the door a na
tive came down stairs from the third
story and told me I could go no
"Above I heard sounds of entertain-
tion with the action aforesaid, on tne;f f,oc.0 iianH and thoir nmd
i.tuai 01 saiu noiei, aim iu iuc mm cur
ate vicinity thereof, the said defendant
addressed to the said plaintiff various
insulting expressions, such as 'dead
beat' and 'blackguard,' and also pro
fane expressions in a loud tone and
angry manner, and when the said plain
tiff tried to withdraw from the pres
ence of said defenaant, followed him
around the said lanai, threatened him
with physical violence and also tkreat-
the said ladies, his guests as aforesaid, hemorrhage in the forty-second years
to believe that he would be arrested, !cf his a&e jje was an uncle of Miss
and said that he would shame the said ; Peabody of Honolulu, of the
plaintiff before the said ladies, and de- j J . .
laved the 'service of summons in said j line of ancient chiefs, a son of the late
action, until after the saiu plaintiff was ; George Hueu Davis and a grandson of
seated at the dinner-table, as a mem- Isaac Davis, Kamehameha I's aide de
ber of sid Honolulu Engineering As-j camp in his conquest of these islands,
sociation as aforesaid; that all and; The body has been embalmed and will
singular the language and conduct j lie in state at the Honolulu Undertak
aforesaid of the said defendant, in this ( ing Co.'s parlors, 1120 Fort street, to
paragraph averred, were causeless, await the arrival of the dead man's
w Sdton and malicious, based on an as- aged mother, who is expected in the
skmed doubt as to whether the said Kinau on Saturday. ,m.
t uanaKa naa piayea in tne game men
tioned on Sept. 7 or 8 and again later
on. He had lost J!4 and $7. He saw
Hirano in the gambling room.
Nomura had gambled in the King
'street joint on several occasions, play
, ing 7-11. He had seen Apoleona and
J Hirano at the game,
j Shiono had shot craps in the three
' storied building five or six times, not
longer ago than last month. He had
seen Hirano at the game.
Fukishima had gambled in the place
twice, but had seen none of fhe de
MR. TATLOR RECALLED.
A. P. Taylor of the Advertiser's staff
who had previously been examined, was
"I visited the place." said Taylor, "on
two occasions about three weeks ago.
I went upstairs until my progress was
barred by a heavy door at the foot of
the stairway leading to the third floor.
(Continued on Page 3.)
RALEIGH, October 19. President Roosevelt was given an
ovation when he arrived here.
LONDON, October 19. The Prince and Princess of Wales
started today on their tour of India.
MELBOURNE, October 19. The Australian Senate and House
of Representatives have voted in favor of Irish home rule.
COPENHAGEN, October 19. Prince Charles of Denmark has
announced his willingness to accept the crown of Norway if elected
by the Storthing. ' v
BRIDGEPORT, October 19. Edward Cunliffe, the Adams Ex
press employe who disappeared with $100,000 of a Pittsburg bank's
funds, was arrested here today. He confessed his crime and declares -
that the money is intact.
HOTTENTOTS WHIP GERMANS.
CAPE TOWN, Cape Colony, October 12. Morengo and Morris, chiefs of
the rebellious Hottentot9 of German-Southwest Africa, have captured Jerusalem
Camp between Warmbad and Scuit Drift after severe fighting, during which
Lieut. Surmand and five men were killed and eight men were wounded. Tho
Hottentots sustained no losses and captured all the stock and stores. Several
Germans were made prisoners, but after being disarmed were allowed to re
turn to Lieutenant-General Von Trotha, commander of the German forces, with"
a letter from Morengo, saying that the Hottentots were now in a position to
take the offensive and would fight to the finish. The German garrison at
Kliplaats, hearing that Morengo was in the vicioity, burned their stores, de
serted their post and retired to Descondesdam. The garrison at Nkaas has been
strengthened by 900 men and a battery of artillery.
BIG BLAST BRINGS DOWN
CEILING AT THE HAWAIIAN
HOTEL EARLY THIS MORNING
What might have easily been a fatal accident was caused at the HawaJ-
sn Hotel at 1:55 this morning, by a heavy blast at the Alakea street slip.
As Night Clerk P. W. Cruse, who was making his rounds, was walking
along the main hall leading to the lanai, the blast occurred, and a consider
able section of the hall ceiling fell to the ground.
The detached plaster, the weight of which is great, literally fell at Mr.
Cruse's feet and his escape was mueeu iulM
Last night it was feared that another blast would bring the entire hall