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KMM M m TiMOMYOFEXPERTS 111! WW es Judge Hum- ;eys in Kaili- kea Case. EYIQEHCE DISSECTED. ! CATTLET QUOTED BY THE TJRT TO COB.E.OBOBATE A2f AHGTJ2EENT. Pit in tiff, if She Has Played a lj? Part, Is "Worthy to Be Classed With Great Actors. Judg Hnraphrer haa rendered an ral diisioti In the case of Kalikea v. iapa et al The owe was a motion to mI aside a deed on the ground that Ka- 1 ka was non cerao mentis. The Maui tiff owns lana at Msanalaa. Site e M to the defendant laad Yaled at JUX and bringing an income of 500 a ytar. for $100. The record ia Uda ca." aald the court In rendering th Oeewioa contain a graat dal of nib- hih, a maw of immaterial. incompe tent and Impertinent matter, and. like all cases that are hotly contested. It Is a mosaic of troth and faiwhood. tf affirmation and dental, of aaaurance and doubt. The court cannot undertake and will not undertake to le It dcusiou upon one iolatI or detached fut or circumstance. The txperl evidence, with poatfbly the exception of Dr. Emerson's muny. which was marked with some of modesty and candor, Is InfiHy worthless, and reflects no credit upon the witnesees themselves or upon the profession to which they belong. Take Dr. Sloggelts testimony, for in- the first witness sworn as an Ho says that some two jears .'po he was called upon to examine this Ywjnian at his office, ahe being brought to him by Mrs. Theresa Wilcox; that he had no previous acquaintance with Mrs Wilcox: he did not know and made no inquiry aa to her character er standing in this community; that he did not know whether she had any ulterior motlvo in hftvlng this woman pronounced sano or insane; that he attempted at audi examination to carry on some conversation with complainant, but failed to ollclt any Intelligent reply to hlB questions. indeed, that sho would not talk at all lie says that ho was informed In stance by Mrs. Wilcox that she had known this woman from childhood, and that she bad ahvnys been an idiot. The doctor made no physical examination of tho complainant?; ho made absolutely no inquiry into her family history, did not Inqulro as to her parentage; did not Inqulro even aa to the mental-condition of nor progeny. Indeed, I am not sure that th record shows that ho know she had any children. Ho made no inquiry a? lu whether or not the complainant, In early life, had met with any accident He tsime into this courtroom and. before taking the witness stand, demanded a fee of ?50 for giving expert testimony, and before he loft the fetand expressly admitted that ho was. nut an export, and that even an ordinary layman could testify as accurately and Intelligently about this case as ho had done. 1 say a man who enjoys the privileges accorded medical men, exempt from jury duty, mid from perhaps other civic responsibilities who so fur forgets his obligations to society aud to his profession as to place himself in the attitudo In which Dr Sloggett has placed himself, almost voluntarily, I may say. because thcro Is no ev'dunce that he was required to give a certificate it was a voluntary act, based on insutueicnt evidence, an act which he admits is not entitled to any credit I say a man who will place himself In that position deserves at the hands or the court severe criticism and censure. "Dr. Howard's testimony is very little bolter He called to see this at her home sexeral times. nd found hor out. or it was said she was out Finally he sueceeueu in mining her at home. He said he talked with her for about fifteen minutes, and when asked to detail the con creation, all he could say was that he asked her whether she owned any land. She snld ihe did. He asked her whether she desired to sell the land. She said no. He asked her whj she didn't desire to ell it, aud she said because when thr tramway was completed to Moanalui her land would greatly appreciate in nuo, and she could then sell to very much better advantage. That is the conersatlon in sum and substance of what he says occurred, aud which, according to his testimony, covered a period of fifteen minutes. He made no Inquiry as to her antecedents. He made no physical examination whatever. He did not Inquire whether the woman had ever met with any nccident In early childhood, or w hether she had been or was a sufferer from any of tho diseases peculiar to women. He made no inquiry as to the health of her children. He simply-concluded from a brief conversational examination that tho woman displayed considerable foresight, shrewdness and cunnlsK, and that she was sane, he- cause she declined to sell her land and wanted to hold It until the street car reached the vicinity in which she lived. He3ld not even make Inquiry as to whether or not that was common, talk which this woman had heard -for months and which she was repeating as a mere parrot, lie did not know, despite the fact that this woman said she didn't wish to sell her land, that she had actually sold a piece of property, accordlsg to the. admission ia the case, worth f600 bringing in an income of H a year, for the sum of "If Br. Howard's testimony Is trae that this woaasn did not wish to sell r MMtH Immmss oC Uw rsJlrtftd ajM ?"? that lcaWly and Urns ?, Jtitess sot aceord - - & with the actual fact that she did sell it for about IS per cent o Its -value. "Doctor Howard farther testified that when he left this woman's has? hepct - hoy. and the boy enqsired where he had been, and the doctor said he had 'ra to see Kailikea about baying htr iand. and the boy said: 'Yes. she is rvy She is too smart and knows .?h3t she is doing. Had that testimony een objected to the conrt would have It ost. There Is no erldcnce 'hat the boy was Kallikea's child. .No vldcace excent his representation to Howard. "Doctor Emerson s testimony is that !e- went to see the woman; that he had ae conversation with her. and reach- 4 lae conclusion that she was capable f managing ht own affairs. He made ao physleal examination of the nan. ' although be admitted. it did the other doctors, that such an xa'miaation was essential In insanity ases and cases of Idiocy; that such an jcaraimUSon should be made. His ex- wee for not having done so, while a- eptable to the court, does not add anything to the probative force of his Testimony. The excuse" is that he did not hare the opportunity andT the being a men: visitor at his woman's hous. to make a al examination. The circunutan' arere such as not to permit of his ng an examination such as would tWe him to arrnc at a concuaioT on which he himself would be willing to place absolute confidence. He made Mime inquiriss as to her antercdwU, but the information on this point wa3 furnished him by the defendant. Ka-pale. who Is -and was then interested .a establishing the sanity of complainant. "The court In this ease Is not bound, nor would a Jury be bound, by the mere auaiber of witnesses who testify. A rot deal of negative testimony has been Introdeced hare, friends and neighbocs who say they neversaw Kailikea do what two of the witnesses y she did do. It is like the Irishman, who. when charged with a crime" an 1 was asked: 'Can yoif get any witnesses?' " 'Yea,' said he, '1 can get a thousand who did not see me do it.' That looms to be the theory on which the defense, in. a measure, has based its case . These witnesses seem to be fair. Prima faoie they seem to be fair witnesses, of an equal degree of intelligence with the witnesses for complainant, but this 'ostlmony is almost wholly negative "I discard the testimony of the pk Iterts entirely. I regard it as absolute! v worthless, and I think the testimony cf these ovperts justify the severe stricture which courts have from time to time made on expert testimony. What Macauley said of statistics is applicable to some extent to experts: 'They a.-e kind mercenaries employed by either side to establish facts for which either dde contends.' " The court then reviews the act of tho grandmother of the complainant ia early life, and continues- "That fact alone would not justify the court in finding this complainant to ho an Idiot. The raet of complainant's rather being a paralytic standing alone would not justify the court fn finding her an idiot. The fact that complainant in early life practiced the disgusting acts which characterized her and that sho rarely spoke, and spoken to did not answer or that when spoken to she would run and jump into the water. ny of those facts alone would not justify the court in finding hor non compos mentis. "The fact that she had four children, at loast two Of whom are children would not justlfv the court in finding hor to bo a person of unsound mind. Tho fact that she sold a piece of property admitted to iw worth $600 and bringing a rental of SCO per year, for ?100, would not justify this court in finding that sho was a person of unsound mind. Tiut. lake all of these facts, take these threads and twist them into a rope, and this court is forced to the conclusion, a conclusion that cannot be avoided when coupled with the physical evidence before tho court that complainant Is a person of unsound mind anl that this transaction was a vicious one. A court of equity is a court of conscience. It places its strong bands on those who perpetrate fraud on those too weak to protect themselves. The strong need no protection. Intelligence, wealth, vigor, social position, may afford immunity from outrage, raft, cunning or fraud, but the weak ind the helpless find their protection 'n the courts, and In that refuge which the law has afforded them. "The testimony shows that this woman taud tho answer admits the property is worth ?G0O) sold the property In question for, ?100. There is absolutely no testimony other than the testimony of the defendant Hapa Uiat even this small sum was actually paid. Tho defendant In this case, Hapa, seemingly without any embarrassment or sense of shame, confessed that ne had leen convicted a number at" times iu tho police courts of this country. mce for theft, for which he received a three months sentence. This is op t!mni fiM Xnf n rnntmlltnr one but considered in connection with the other facts. It Is more or less important At common Jaw the court required no expert testimony as to whether or not In a given case a parson was an Idiot. The question was tried largely by Inspection. Bring a person Into this courtroom who hes but one eye, and that in the middle of the forehead. Every physician in Honolulu might come Into court and swear such a person not a monstros ity ann use iue oruinsry luuiviuuai. t vuun uuiyr u.it v science trammeled and controlled by J inv such onlnlons. A man comes Into i Jhlf court without a nose, here that organ snouiu oe locaieu xne wee is i perfectly smooth. He breaths through his mouth. The court does not reqwc f Xpert testimony to conclude that the man Is a monstrosity. A "woman comes Into this courtroom without any expression on her face, her gait Is and halting, the glands of her reck are abnormally enlarged, she sits bumped In her 'chair for three days, and when put upon the witness stand she Is perfectly helpless, mentally. A hysielan Lakes the wUncss stand an j sjys the woman Is not an Idiot. Tiut Is merely the expression of his opinion sad the court can arrive at its own roaduslon by observing: her manner tad bearing with as much accuracy as ttie doctor. Dr. Howard says this r:an Is acting her part. He Is express ly coetradlcted by Tr, Ewersoa. who Rays the woaian Is sot acting. An ividual occupying the staUoa of life, 'xupied by this woman, unlettered sad untutored as she is. is not likely to come Into this courtroom and at- mat to ispoee oe the latelUgeaceastl aascience of te court by a. play. It this wofiwui. has tkme 3hat she his tlayed her part oet succeasfsllyf. find i ueneveru Buca tfie'caee eae is to stand oa the suae plaae with Jsfferses; e IUb Ysa Wlakler with Ji Barrett as the leaa and naagrr Cas- sins, or with Booth as Hamlet in cis effort to deceive the Qnets mother of Denmark as to his sanity. "The coart beiieres and finds from the evidence In thl3 case that the con- plainant Is an imbecile and 6T nnsoond j mlad. and that defendant Hapa perpetrated a frand on her; that she fca3 been overreached and unfairly deslt with in that the price paid or alleged tu have tn paid, for her land Is so disproportionate to its admitted value as to shock the conscience. I also find that the other defendant. Kapale. is chargeable with notice of her Imbecility and unsoundness of mind, and with such notice of the facts and circumstances under which Hapa acquired his title as to deprive blm of the defense which he might offer, and does offer, that of hins an Innocent grantee. I think the position of Kapale. In this case, in view of the fact that he Is a minister of the Gospel, Is highly reprehensible. I think he has done what has often been done before he has clothed his rascality 4wder the cloak or religion, and, la HawaiJ. as elsewhere, that Is not without precedent" "FIGHTING BOB" TALKS FOB YANKEE SUPBEMACY. Believes United States Should Be Dominant Power in Affairs in th East. ST. LOUIS. July 21. Captain Robley D. Evans, United States Navy, "Fighting Bob" who has been taking baths at Hot Springs, Ark., for two months, passed through this city this forenoon en route to Washington. While at the Union station he talked freely about the situation in China, and among other things said: "In my estimation, the great powers of the world are facing the most critical situation in modern history. To put it vigorously, they are sitting on powder barrels, and an explosion -may come at any time. If it does it will annihilate present national boundaries and change the map of the worjd so that it will not be recognizable. "I effr not believe in the talk that China may become a world power of its own force. It stands in immediate danger of dismemberment, and the partition or the empire can only bo prevented by the United States. I approve of the policy of the administration as now outlined. This countT cannot afford to stand by and see China divided up among European governments without making a protest that will shake the world and announce to all the earth that this nation must be supremo In the East because it holds the Philippines." "RAZE PEKING," SAYS "' GHAUNCEY M. DEPEW. NEW YORK, July 24. The Journal has the following from Paris: Chauncey Depew said today: "History furnishes no such atrocity as the Chinese massacre. Embassadors have always been held safe, because an represents his country's honor and is a power in a foreign country. The Chinese by slaughtering the representatives of all the nations In and by tho murder, torture and mutilation of the women and children, have challenged the civilized world. "As punishment everything which represents official life in China In her capital should be razed to the ground. No stone should be left upon a stone There should bo no land grabbing or partitioning of Chinese territory, but an indemnity exacted which would paralyze the Chinese power for evil for a century to come." .j Big- Pumping Plant. C. S.irartiunnd Tj.M.MeKeaguehave now two pumps workitig on the and Knpahnlu tracts. The pumps liavo a capacity of 2,ri00,WX) fmllons every twenty-four hours. The water w ill irricate, for Mnnll farming purposes, 40U acres. CLASSIFIED ADVERTISEMENTS Clamfnt MTirtisfanU in IXu orJwmn mil Vjw l inttrAx! at 1Q emit it Iwefrst uutrttcn. 5 emit a taie irttnj ItittrlidH, 55 emit per Jin jxT 1 35 tmU per tor rO vrrti, and 50 cmls per lav pt. WANTED. MO." with 4K) to liivist In sound liuMnevj lroiwllIn Liboral rrturn on luvpntiijrnt. rNV. Gil Mvurltr P A. W., IIopuMlcan Onlco. i-1 ivr MUSIC. Plaiui taught by vxporiened teacher, a prnIu ate of Ounvrratorj": quiet mutlitHl, is inT month, bftlal ntteutlon to a.iult AtlJre Office STENOGRAPHER AND TYPEWRITER A. T MILES. Stcncrniher nml Tyjvwrttor, ODico 31J Kortsttwt. Telephone 129. TRUST MONEY TO LOAN ON HEAL ESTATE Apjilyto E. Waters at the office ot Hel. ONE IirVDRED Fnmillo to bur lotstm the rok Tract and Uirt a "uhurhan town at oacw. This tract 1 within tin minute" walk ot the ptJVMel Transit Kallnsul. TorYurthor jvartUTJlar afpir to A. F.Cvoke, Rix.m 8, Model Mock. COMPOSITORS "WANTED. TWO GOOD compositor. at OQc vt THR KETtniLKUNatSoVkiek lfcb mornlnff. lOST. By ACClDEMALcaVj tHitns. a larpe bar cr4imxi out jtiianMMv,ttviRbi about, sieib. raltt' !tar "n trhia, tatenoHUon. A Uule lrttaUwi r hinti iutn mu uiw rioder n nouxy ruocMRunaiuin?:uuHiixriaKx. OFFICES TO XKT. onicva In stvttnd vj hrivk l4oeJfc.oraw Ataiea asd Merchant treai. or la Miitc. Applr to J. .. Maguoa. Merchant wt, bh Pvwtoaoe. naootats. rORBENT. CioifirtaWr reraihrvl front rca. rcdocni to SiU. ioteL 34 JU FOR SALE! FOUU tuts. Rubroa Stre?U KatUaa. JEFFS, ? WI Klus Strwl COTTAR EAT also nxmt at tfee ApplrUJ.A.Ma5K COTTAGE'trf eight rcws at coraer ct 3pecer ana uscsmi t. Airir " . A. Mspooo. ASSESSKENT SOTICE. Stockholders are hereby notified that the. Fourth A?emeHt of 5 per cent, or Two and One-half Dollars per .share oh the Capital Stoek of the TELEttlM &!., Lt 1, Is due and payable Julylst at theiace ot th$undersigeMll Fortstreet. J. H. FISHER Acting' Trerer td " d HoBolulu, June 1, 19W. " " "- 1- TRi.iKWOi.Diiu KiptnttiKSMr, tooay, ihgot I, iforc "?' T : WiMiii Mm Real Estate Broker, 206 Merchant Street SjBSSivv kWlPsir 11 BIlpifL NewiyBuilt2Story Cottage on Street Only $1250, Cash. Balance on Lang Time. I BJilpiIi. flhl V m . SfefeWttWv SS5K It illiiiiii Mge Real Estate Broker, 206 Merchant Street tMjtMiMiM I- I ! f I WATCH THIS - SPACE I -? 5r I s I I I 29 OabuRaiiway&LandGo TIME TABLE. From and After January 1, 1900. OUTWARD. Dally Dally Daily Daily Dally Stations. ox ex Son Sun a.m. a.m. p.m. p.m. Honolulu 7:10 9 as 11:05 3:15 5:10 Pearl City 8J 9. is 11.10 3:47 5:50 Ewa Mill 833 10-03 12:00 6:10 Wolanaa 10 JO 4:t5 Walalua 11 .53 5:40 Kahutu 1233 6:15 INWARD. Dally Dally Daily DaUy DaUy Stations. ex ex Sun Sun a.m. a.m. a.m. p. in. p.m. Kahutu.... 535 28 Walaluii ... 6 dO 2-M Walanae... ..... 7:10 3:55 Ewa Mill... 5:50 7:15 15 432 Pearl City.. 6:15 8:03 130 4i6 Honolulu.. CM 835 25 5:21 O.P.DEXISON. F. a SMITH, Superintendent. P.&T.AG. The Honolulu Republican will be de--. cred to any part of the city for 75c per month or $2 per quarter. BY THE BARKS l C. AND "M. E. WATS02T." We Have Received a Large Assortment of Morton's and ' Grosse & Blackwel! GROCERIES. BICARBONATE OF SODA, WASH SODA, CAUSTIC SODA. PAINTS and OILS CORRUGATED IRON, RIDGING, Etc., CEIEN? and FIREBRICKS, CARBOLINIUM, STOCKHOLM TAR, BUCKETS, TUBS, TINPLATES, SAUCEPANS, TEAKETTLES, Etc H. Hackfelb & Co., Lm Furnitiire at San No More Duty ! No Entry Charges ! No Consnl Fees I Therefore we will rive our customers the benefit lauuouDie beusteaos.with mattress and pillows eoosplele, 96. 100 best quality high beds, tTV 50 White Enameled Iroa bed, braea trimmings, 16. 500 Pillows, fro& 25c" up: feather pillows 75c Extra high meat safes, half price, from 32.50 up. Books lent to rend, 5 ccats per vetase. aOOO books to choose from. L. S. MATHEWS & SOX, HBtw Fortaaa Khumh Hrt. I I 1 5c I I i i I 5- i t J, H. FISHER & CO., Members of Honolulu Jixclmngo Stock and Bond Brokers 411 FORT STREET. Advances Mude on Approved Security Metropolitan Meat 60. 108 KING STREET. G.' J. WALLEB, - Manager. I Wholesale and Retail BUTCHERS and NAVY CONTRACTORS FraiieiscoPrices Bedroom seta, 7 pieces, straight from me laciory, vjz. Mattresses of every descriptioHjVod, excelsior, hair, fibre, etc, frosa 12 up. Mirrors, all sises, prices and stylos, fmra lOi. in 41fi - HaBRiBff Lamp; lantenw, crockery tinware, aamware,'etc, at lets thaa uaiaaraaas prices. No. 9$ Beretaaia strc f6?rC; -' ?s& ?stt. ??a n ra rs ss w. id ft prj. I If sua ranfc to rent a house. y If vba want'to buv a home. If Tm want to sell your house." If vou Tvant to reut vour Loose. t If vou have sometliircr to auction. Ring up MAIN 79 Will Elislier. Csrser sf Msrclaat asd liaksa St. 54 sa ss sa E2 st & es c?t ia a tsi Ex Australia On Ice. Apples, Pears, Grapes, Plums, Oranges, Peaches," Celery, Rhubarb, Cauliflower, Artichokes, Potatoes, 4 Oysters, Cal. & Eastern; Salmon, Bass, Sole, Etc., Etc. rV L5WIS & GO,, Grocers, Sole Agents. 111FOIITST. TEL.'J10. FEED HARRISON CONTRACTOR AMD BUILDER Jobbing PrompUy Attended to WESTERN INS. ED. CAPITAL $ ,000,000.00 --& J. H. FISHER. Agent Hawaiian Islands. FIKE ASSOEIATIDN OF, PHIbADEbPiifA ASSETS $0,430ysw.$8 J". H. FISHER, Agent Hawaiian Islands. F.W. Makinney Searcher i - - of Records ": s- w o. mwrx t Co.rSa Abstracts and Corilcaiec of Title Carefally Prepared ?.Ioney to Loan on Real Estate Security Hawaiian Ballasting Co. NO. IGQUEEN ST. ".i H. l. EVANS, MANAGER. Foundation Stone, Curbing, Black and White'Sand, AN'D Soil of all Description for Sale. f "Brays for Hire. SEATTLE BEER j Oa. nrin Rtt, . vat tie tc (DITCD)rtM MMMHtHHiU HHWW, Ja- -As. I !& "3 wfc y 1 w 1- -- j& J -SS s Wfs "TL j f ' '" . , '?