Newspaper Page Text
es Judge Hum-
;eys in Kaili-
CATTLET QUOTED BY THE
TJRT TO COB.E.OBOBATE
Pit in tiff, if She Has Played a
Part, Is "Worthy to Be Classed
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
"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
"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
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
"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."
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,
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.
MO." with 4K) to liivist In sound liuMnevj
lroiwllIn Liboral rrturn on luvpntiijrnt.
rNV. Gil Mvurltr P A. W.,
IIopuMlcan Onlco. i-1 ivr
Plaiui taught by vxporiened teacher, a prnIu
ate of Ounvrratorj": quiet
mutlitHl, is inT month, bftlal ntteutlon to
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
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
TWO GOOD compositor. at OQc vt
THR KETtniLKUNatSoVkiek lfcb mornlnff.
By ACClDEMALcaVj tHitns. a larpe bar
cr4imxi out jtiianMMv,ttviRbi about, sieib.
raltt' !tar "n trhia, tatenoHUon. A Uule
hinti iutn mu uiw rioder n nouxy
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.
CioifirtaWr reraihrvl front rca. rcdocni
to SiU. ioteL
FOUU tuts. Rubroa Stre?U KatUaa.
? WI Klus Strwl
COTTAR EAT also nxmt at tfee
COTTAGE'trf eight rcws at coraer ct 3pecer
ana uscsmi t. Airir " . A. Mspooo.
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
td " d
HoBolulu, June 1, 19W. "
TRi.iKWOi.Diiu KiptnttiKSMr, tooay, ihgot I, iforc
"?' T :
206 Merchant Street
flhl V m
It illiiiiii Mge
206 Merchant Street
From and After January 1, 1900.
Dally Dally Daily Daily Dally
Stations. ox ex
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
Dally Dally Daily DaUy DaUy
Stations. ex ex
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,
The Honolulu Republican will be de--.
cred to any part of the city for 75c
per month or $2 per quarter.
BY THE BARKS l C. AND "M. E. WATS02T."
We Have Received a Large Assortment of
' Grosse & Blackwel!
BICARBONATE OF SODA,
PAINTS and OILS
CORRUGATED IRON, RIDGING, Etc., CEIEN? and
FIREBRICKS, CARBOLINIUM, STOCKHOLM
TAR, BUCKETS, TUBS, TINPLATES,
SAUCEPANS, TEAKETTLES, Etc
H. Hackfelb & Co., Lm
Furnitiire at San
No More Duty ! No Entry Charges ! No Consnl Fees I
Therefore we will rive our customers the benefit
lauuouDie beusteaos.with mattress
and pillows eoosplele, 96.
100 best quality high beds, tTV
50 White Enameled Iroa bed, braea
500 Pillows, fro& 25c" up: feather pillows
Extra high meat safes, half price, from
Books lent to rend, 5 ccats per vetase. aOOO books to choose from.
L. S. MATHEWS & SOX,
HBtw Fortaaa Khumh Hrt.
J, H. FISHER & CO.,
Members of Honolulu Jixclmngo
Stock and Bond Brokers
411 FORT STREET.
Advances Mude on Approved Security
Metropolitan Meat 60.
108 KING STREET.
G.' J. WALLEB, - Manager.
Wholesale and Retail
Bedroom seta, 7 pieces, straight from
me laciory, vjz.
Mattresses of every descriptioHjVod,
excelsior, hair, fibre, etc, frosa 12 up.
Mirrors, all sises, prices and stylos,
fmra lOi. in 41fi -
HaBRiBff Lamp; lantenw, crockery
tinware, aamware,'etc, at lets thaa
No. 9$ Beretaaia strc
?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.
Csrser sf Msrclaat asd liaksa St.
54 sa ss sa E2 st & es c?t ia a tsi
Apples, Pears, Grapes,
Plums, Oranges, Peaches,"
Celery, Rhubarb, Cauliflower,
Oysters, Cal. & Eastern;
Salmon, Bass, Sole,
L5WIS & GO,,
Grocers, Sole Agents.
Jobbing PrompUy Attended to
WESTERN INS. ED.
CAPITAL $ ,000,000.00
J. H. FISHER.
Agent Hawaiian Islands.
J". H. FISHER,
Agent Hawaiian Islands.
of Records ":
s- w o. mwrx t Co.rSa
Abstracts and Corilcaiec of Title
?.Ioney to Loan on Real Estate
Hawaiian Ballasting Co.
NO. IGQUEEN ST.
H. l. EVANS,
Curbing, Black and
Soil of all Description for
f "Brays for Hire.
j Oa. nrin Rtt, .
"3 wfc y 1 w 1-
s Wfs "TL j