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y U a X' X' . At - ' I t WY "V" - - i W ffcl 0A - THE HONOLULU REPUBLICAN. Jn VOLUME I, SO. 62 HONOLULU, H. TL, TKlDAT, ALGUxr zi, J9C0. PRICE FIVE CENTS II WIS A BIG con OF TIT GRAND JOEY SI1D ON ETOK Commendation for Many Abuses Which Have Long Existed in This Community. Even The Republican Is Damned With Faint Praise FullText of the Remarkable Document Judge Humphreys' Ad- dress to the Retiring Body. before 12 o'clock yesterday morning the grand Jury-filed 5H0RTLY the Circuit Court. As the Jurors entered the court room there was a rush of attaches and court house habitues, for It was under- tood that the Jurors were to make their final report and that heavy blows, sledge hamnur whacks, were to be meted out, whose loud report would convulse these Islands for months to come, cause no end of comment, be commended by the many who believe In honest government and damned by the Associated Villainies. Crk Lucas left his desk; John E. Bush's face radiated sunshine, and ovon Frederick D. Smith, the late arrival from New York, ceased to be preoccupied in the weighty duties of his new official position. Lawyers and a mixed audience o the flotsam and Jetsam of Honolulu society attentively listened for some promised senatlon which the inquisitorial body would pitchfork into the light of publicity. But they were all doomed to disappointment. The report of the grand Jury was as mild as a day in the tropics. It commended nearly everything and damned with faint praise even The Republican. Two indictments were found, one against E. C. Macfarlane and the other against J. P. Hayward. They were indicted for selling liquor at the Hawaiian Hotel Annex and Waikikl Inn, respectively, on Sundays. The report was read by Foreman E. I. Spalding. At its conclusion Judge Humuphreys addressed the Jury as fol lows: JUDGE HUMPHREYS' . . ADDRESS TO THE JURORS. Mr, Foreman and Gentlemen of the Grand Jury The court has listened with rapt attention and profound interest to the rending of the excellent report now rendered by your body. As you are the pioneer grand jury of the Island of Oahu, your report will become historical. Not only that, but it will be valuable from a social as Aell as political point of view. I use the word "political" not In its narrow and restricted sense but In its larger and braider sense. Political in that it affects the entire community. Enforcement of Law. The court, was particularly impressed avITE what the grand juryhadtoobserve with reference to the enforcement of law. Our government is divided into ? three co-ordinate departments: the Ex ' ecutive, the Legislative and the Ju- dicinl. It is not for one branch or any part of one branch of the government i to usurp or trespass on the powers of the other branches. The Legislative department makes the laws. If the law is unconstitutional u Becomes tue i sworn duty of the courts of the land, j assisted by the Juries, to enforce those j laws, even though the propriety, the , lairness or uiq justice ot tue laws may ,. ...... I auuuov, j "'v- wi.vuiuumua uiiu' we uivu uuiv m ueicusc ui uui country This was the. simple lite scdpilott to commemorate the herolq their positions because the press, the and conscious devotion of the faith hil puWc ana bar were afraid to of Leonidas at Thermopylae; and! cise .them. jfNptotdy arei? our local in which a nation of peculiar sagacUy, and promptitude of mind asgwell as ar dor of soul tor liberty thoaght to ex fcas alsobeeA?tkbjeiff criticism. res&eiWgaaekaewleueatoffc ueea wnicn every oreeiv remciuwere j men ever on u, floor 0f the United with national pride. Of all that was Stats 5, a man who distinguished noble and great in this patriotic act himseif Dv leading the noblest and greatest, seemed to i.menr stood on-,he fioor 0f tne United! them that the gallant cititens had been State& senate and denounced the to the laws even unto death. preme Court of the United States, Je- It anords an example well wormy ot t imitation. a Prostitution. As to the matter of upon by you in your report, 1 at this time call your attention to the fact that we have In this Territory a law forbidding fornication. Fornication is sexual Intercourse between an unmarried man and an unmarried woman, an offense punishable by both fine and Imprisonment. It is Indeed an state ot affairs that we should i have houses of prostitution ia tills community, under the control of the board of health and to a certain extent the polilce department, and yet harf a provision In our penal code for the punishment of fornication. There is not a woman at Iwilel who is not liable to a criminal prosecution tor fornication. Indeed, the very fact that she is a registered prostitute aUht make a clear e&se agaiaet her if. toe so-called "Act a litigate 1 which 1 very much doubt It may be desirable to hare houses ot prostitution' .unier thfttcontorbf he hoard of "h'ealth, and "to a certain extent under the police department, yet ilM it should hardly be done in the face, of a statute prohibiting fornication without exception. Insane Asylum. The court concurs heartily in what you have said as to the commitment of an insane person to the asylum on the certificate of one physician. A similar law does not exist in any state in the Union. I think it may be said that in nearly every state in the Union the law provides for a careful examination by three or more experts and a trial by jury. You can easiljsee that if at any time conditions here should come to such a pas3 that the power to certify to the insanity of a person should be vested in the hands of one Individual, and he be a corrupt person, no member of society would be safe. It, is a bad state of affairs, but it is a condition for which the physician now in charge is not responsible. Sale of Alcohol. Taking Into consideration the various elements golug to make up the aggregate of this community It requires no argument to convince one that the unrestricted sale of alcohol would be a menace to the peace, safety and good order-of the community, and I know of no law that permits its sale in such manner. Hack Drivers. What you have said on this subject is true. It is a matter of notorious comment and criticism and one worthy of more serious consideration at the hands of the authorities who have the issuance of hack licenses. Favoritism by Courts. This is a matter which, under the circumstances, it was probably proper for you to Investigate and, as a member of tile bar and of the judicial department of the Territory of Hawaii I am glad that you found no sufficient evidence presented to you to enaole you to find that the charges made through the press were true. All of the gentlemen who were members of the Hawaiian judiciary when I came here some five years ago are now members of the Territorial judiciary, with the exception of Justice Whiting and Judge Stanley, who were retired after long, useful and honorable careers, and except Chief Justice Judd, who died a few months ago. Like all mortals the chief justice had his weaknesses and his failings, yet when wa compare those weaknesses and fallings with all that was commendable in him they sink Into insignificance. Thus, amid the cloudlets of the summer night the full moon rises resplendent, the cloudlets fade away into mist and are forgotten. So with the honored dead; his trilling faults are covered with the excess of his virtues. It can be said of the late chief justice that so far as the incorruptibility of his integrity was concerned he was a man who, like Enoch, might have walked with God. As to whether or not favoritism ex isted in the courts heretofore it may lrt cnM Sot- mon fHfTnro1 fhpn nnri d!ffer n0Wf and the. wlll conUnue to differ, despite the report of this grand A vmnA tnr ronnrf Mnnof hJ opinioin of men in matters of tnt SQrL All departments of government are, at times, subject to public criticism, and it Is perhaps better that a good ,.. ,,, i, ,.riHMsii ft bad offlcer should cscape critid3m altogether; and .it we should avnnr entirely or libit the right or the press criticise, that would be. the inevitable result. have in myjj OKn pcrsoaal observation (not nere but1 elsewhere,) seencorrupt am di rw,M1!i km on the beachlible to hold courts, subJecttqlticJkMa, but even the Spcempowrt ot ttus Suited States- nnnntA Ph.f Jnst! Taner for the. v. w - e- decision he had rendered in the Dre; Scott case. So, also, only a few years ago when the Income tax decision was rendered by the United States Supreme Court political conventions In many states denounced the court and representatives in "gongressiald the same thlHg.'While perhaps the feelings tof the judges were hurt aad their sensibilities aroused and touched, the court did not invoke libel proceedings. Senator Edmunds and Mr. Choate, now aur minister to England, who appeared in the Jacome tax cases, and other celebrated counsel ia the case did sot throw up their hands in holy horror and feel that the honor and the virtue of the court or their own honor was. at stake because the press denounced the decision as political. It is almost impossible to take up aay great daily paper without seeing some criticka on the courts. Every one in public position must expect criticism The- man TCfcn aatum te an anral nm &arh and only neids the fiat of God to make himan angel In heavea. This -jury, X dafMy,; will. ;Wi, criticised for retx jag taw report u you had not rendered such a report you woaM also I have been criticised. One element says you will be damned II von do; another element .says you -will be damned if rou don u Tou cannot escane cism. The man who attempts to get into the current of public favor sooner or later will be engulfed, because public . sentiment Is fickle; nothing is more so. One day It places a man on the highest I pinnacle of popular favor; the next day it lays in the gutter of contempt. j There is onlyone thing to do, and that is, duty. .Your report on the whole is a most I admirable one. For your untiring labors, for the dignity with which yoa have demeaned yourselves while in this court room -and ftsannex, and for the service you-have rendered to this community the court desires to tender you its heartfelt thanks. You are now discharged, gentlemen, for the term. FULL TEXT OF- TIE REPORT OF GRAND JURY; The following is the report of the grand jury: Hon. A. S. Humphreys, First Judge, Circuit Court, First Judicnl Circuit, Territory of Hawaii. Sir: The Grand Jury empansld and sworn before you on the sixth uay of the current month, having concluded their duties beg to render their final report as follows: Seventeen cases have been brought before this jury by the Attorney General's Department, and examined bj us with the result of finding for a true bill In fourteen cases, and no bill '.n three cases. This jury has also found two true bills in cases brought to the attrition of the jury in your charge of August 6, 1900. We have investigated, so far as possible, into the subjects referred to in your charge to this jury, and also into various other matters to which our attention has been calledand we have examined numerous witnesses. Sale of Liquors on Sundays by Ho tels and Resorts at Waikiki. We find that two resorts at Waikiki are operating under special licenses from the Interior Department, a copy of which accompanies this report. These licenses were issued by the Minister ot the Interior with the concurrence of the Executive Council of the Republic ot Hawaii, under the authority conferred upon him by the Act id Regulate the Sale of Spirituous Liquors. It will be noticed that the privilege is given licencees of selling liquors to guests and their friends, which certainly permits of a liberal interpretation. The subject of sales on Sundays under these licenses was not by the Executive Council such sale being subject to the provisions of Section 25 of the aforesaid Act to Regulate the Sale of Spirituous Liquors, etc., viz.: "Any holder of a license who shall sell or retail any spirituous liquor or permit or suffer the same to be drunk in his house or premises on Sunday shall be liable to a penalty not exceeding two hundred dollars, but this section shall not apply to the ordinaiy supplies furnished to bona fide boardars and lodgers in the house or premises." The fact that liquor has been sold at these resorts at Waikiki on Sundays, to persons who can in no way be considered bona fide boarders or lodgers, although probably guests or their friends, was voluntarily admitted by the proprietors, their statements coinciding to the effect that they were not aware of any illegal act and thought that they were within the privileges conferred by their licenses. This jurv believes that these places have incurred large expenditures and have acteJ openly with the full knowledge of the authorities: that they did not Intentionally, violate the law as to sale of liquor on Sundays, and the evideme before us tended to show that the legalizing such sale by respectable hotels and .resorts to 'guests and liolr friends: '.would result in Illicit trade and' drunkenness. The jury also believes that as liberal treatment as Is consistent with the public welfare should be extended by the Government to, respectable hotels ard resorts. It is not in our province, however, to ignore existing laws, through any questlon as to their propriety. We Lfoandrthat, under a strict tlon ot tne law, uquor nas oeen illegally sold on Sundays by the Hawaiian Hotel Annex and' wt, fed " f V 'w --4 BaTe,brc8tladtctBaets against thess places accordingly. 1 We failed to find that police protection had been promised or guaranteed to these resorts although we made careful inquiry. The statement ot Mr. H. N. Abny, with reference to the police, referred to 'In your Honor's charge of August S, 1900, tothis jury, was investigated, the witness daimlag a of his remarks, and testimony was to the effect that he used the word "authorities" aad ot "police." Housm of Proatiratioa at Iwilei. There -i a coloay of five buildings enclosed ayajhlgh hoard fence, locate! at the Ewa. aide o Iwilei, owned by a local copaay. "These buildings, con- i1 t2s " I the pwjeat me.apiedjbHt fHde, o which a$ seJiMe.tPnMsekuutes are ZJ a W (CBtwdile5.) - STORM-TOSSED SilLORS H IB They Tell Their Grievances in Judge Esteems Court. LIBEL AGAINST TIE BAM EMPIRE. WAKRING AND REBELLIOUS FACTIONS STILLED BY THE GREAT JURIST. , Contest of The Voice With. Matter and How it Ended Incidentally Something-About An insufficient quantity of Inferior pork; tea, diluted not with Irish moss but rain water caught from cloudbursts on the briny deep; a dearth of corn bread: shipping papers, calloused hand seamen, George A. Davis and t. B. McClanahan occupied the attention of United States District Judge Estee yesterday afternoon. And how well ihe able jurist handled all these things and the warring elements let this stoo tell: The judge was hearing the libel ot Christopher Collins and other seamen against the bark Empire, a vessel flying the American flag and commanded by a Yankee skipper with fierce chin whiskers as lusty in growth as that of Mars. The sailormen libeled the bark for wages amounting to $27.78 apiece and $65 for want of food on the voyage from Newcastle, Australia, to this port. The stentorian voice of E. B. McClanahan represented the ship and her owners,, while George A. Davis waged legal warfare for the. men. Often the roaring Voice and the Davis outburst collided, much to the consternation of United States Marshal Ray and Deputy United States Marshal Hendry. When The Voice roared and Davis surged and became tempest-tossed, a few dignified words from the court restored peace and the waves of turbulency were stilled. The Voicec was profuse in exceptions. Where, when and by whom these exceptions are to be heard all human understanding, for Chief Justice Frear is vacationing on Hawaii and Judge Estee occupies Judge Silllman's court room, and the United States Circuit Court is in California. But The Voice illustrated, if it illustrated anything, the force of habit. It evidently thought that it was addressing District Magistrate W. L. Wilcox. "Mr. McClanahan," said Judge Estee, suavely, at one stage "of the proceedings, "I will allow you all the exceptions that you want, only make them at the proper time." And still The Voice would not be still. Much evidence was adduced to show that the bill of-fare on the Empire was far inferior to that served jn a Chinese hashery in Honolulu. The men complained about the pork. It wasn't in their judgment, cornfed from the plains of Kansas. One brawny sailor declared that it was rotten; another that, as poor as it was, it was served in infinltesmal small quantities. The corn bread, too, and the sailor's voice fell to a whisper, was meager in The self-rising buckwheat flour was poor and ordinary flour wretchedly bad. Then, to add perplexing trouble to the menu, the water supply was limited, full of from the clouds when the wind was south, southeast and squalls flecked the sky with clouds. All this and more was told. "Did you complain to the captain about the insufficiency of food?" asked the court of each, witness. AH answered "no" except one and he filed his complaint when the bark Em pire reached Honolulu. Once during the proceedings The Voice asked a very pertinent question. It was when a sailor was testifying about corn bread. "Did you sign articles stipulating that you should have corn bread on the voyage?" asked The Voice. "Yes." The owner ot the voice tiptoed across the court room. Sadness came to all, for they intuitively felt'that something was coming. Their expectations were realized. The Voice presented the shipping papers to the witnesses,, shaking them with malignity. "Is there anything THERE that says anything about corn bread?" The sailor scanned the papers closely and feebly said, "No." Triumph illuminated fhe face ot The Voice with ji radiancy unsurpassed by a nocturnal electrical display at the "Paris exposition. All the witnesses testified tSat tEe prevalent sailor wages at Newcastle were - Judge Estee said that he" would allow the saU6ritheirJ wagei.1 Hi had r.o do&btthat Uie?foodiwad.but did'aol complain to the captain while on the voyage, redress was not within, the province of the court. TIE irUlKTW ZN UT Tl tt Tl iUEE. Sand Concerts Will Be Abandoned Tkere aad Otfer Attractions Will Need Be Provided. In a few weeks the eattfe personal property of the Arlington hotel will be. sold at auction. This sale will include the menaferie tkm has been quite in altraetienJlnftlgroWattee King street entrance of the howL jnals'ougBtto be adied to.the so-called meat. Since the music has been removed on Sundays there will be little attraction thereaway in future on that day. The menagerie, therefore, might become quite a feature. It has been determined that hereafter the concerts on Sunday should be en at the capltol grounds, since that seemed to be the most popular point for such concerts. There may be a little story behind this, one that ordinarily would interest j baseball in the Islands will die a tramway company. It is a fact 1 ural death. No. no matter how great that the street car company has given CapL Berger and his band no special encouragement. They have even charged them fare to Makee Island and back and often on a hot day crowded them into a single car. In San Francisco, for instance, the Market street company pays the sal aries of the members of the band that plays in Golden Gate park and when- J ever they play passes the members. tree, of course. The local company would not even do that, so The Republican is reliably informed, and this indication of penuriousness may have had something to do with the change. LAST NIGHT'S CONCERT. Largest Crowd in Many Months Listens to Excellent Music. The band concert at the Hawaiian hotel last night was the most largely attended of any concert held In the j city for many months. Captain Berger had arranged a special solo program, which was exceedingly well rendered and most thoroughly appreciated by the large crowd in attendance, every number being heartily aplauded. People with carriages respected the wish of Manager Allen of the hotel to abstain from driving into the grounds by way of the Hotel street entrances, using the Richards, Beretania and Ala-kea street entrances instead. The lanais were filled with a number cf parties, nearly all being in full even- t ing dress, the whole ensemble present ing a beautiful sight under the multicolored electric lights. The Hotel street entrances and the grounds were literally packed with people, all remaining intent upon hearing the music till the last strains of "The Star Spangled Banner" had died away. Manager Allen presented bouquets and leis to every soloist on the grounds 1 and after the concert ated Captain . merger anu aa nis 10 a uuua luncheon. On Sunday afternoon the band will give a concert at the capitol grounds, t it having been decided to hold no more concerts at Makee Island. ALL QUIET IN JAPAN, SAYS A CALIFORNIA The Country in Perfect Composure, Ready to March on Peking at Any Time. J. C. Bentz of Pasadena, Cal., has been staying at the Hawaiian hotel for a few days, having come from Japan on the China, en route home. Mr. Bentz is in the Japanese art ware business and makes several trips a year to the East. "I have not been to China," he said to a Republican reporter, "aad In Japan we have little more news about affairs jn China than you have here in Honolulu. I have been qver there for three months and Japan Is in no wise disturbed. I think if the powers would let Japan alone the ministers would not now bein jeopards at Peking. Everybody over there was satisfied that the ministers were alive when we sailed. I am glad to see Hawaii so prosperous and peaceful, with every evidence of a great and assured future. I shall be glad to get home again, still I take kindly to tropical countries." Mr. Bentz made a number of investments in his specialty while In Honolulu. ' 1 DiSEBALL CHANGE THAT WILL IE PASSES. j SACRAMENTO'S GILT EDGES 1 CAN FIND NO OPPONENTS IN HONOLULU. California's Aggregation, of Base BaU Players Want to Arrange a Series of Local Baseball Games. The Sacramento Gilt Edges, the crack local baseball aggregation, wants to come to Honolulu. A letter was received by the last steamer from Manager A. H. Beebe of the Gilt Edges, Inquiring In regard to local baseball teams. The following is the letter: Sacramento, CaL, Aug. 7, 1300. Editor Honolulu Republican, Honolulu, H. L: ,. Dear Sir:, WU1 you kindly inform me if It would be possible to arrange for a series of baseball games to be played In Honolulu and vicinity after January Ist 1901? If you hare a league on the Islands will you kiadly put me in communication with the .proper parties with that object In view? - I am the manager of the Gilt Edges of the California State league and wa bid fair to win the pennant, as we have the three seasons past, as we have a very strong team. Trusting that I may hear from yoa at your earliest eonvealeace aad thanking yoa for same, 1 aaa, yours ' A. TL BEEBE. 3Iaaager Gilt Edge Baseball Clab. W. C Wilder, Jr., when Interviewed Ia regard to the matter yesterday. said: I "1 would like aotalak oetter than to see the Oilt Edges cone down here, but from a financial standpoint 1 could ant advf th trfn. Chvr nrwsant le ti'i .,? a Ta n,?- ? place that I know of in town is the Makiki cricket crounds. But even there there is no fence, and everyone knows that a pass-the-hat racxet would turn out a miserable failure, li . k j would give the sport a good impetus, I and unless something can be done the economy, the Gilt Edges could aot make both ends meet. "I don't think the Gilt Edges would make their expenses," said Harry Whitney, the cashier of W. G. Irwin & Co.. yesterday when interviewed on the matter. "When Use last aggregation came down here it cost them somewhere in the neighborhood of $1,700. The team made about $2,100 or 12,200, clearing close on to $300. But that was in the days of the old Makiki baseball grounds, and now we I have no place where we can charge admission." Donald Ross, a member of the old Star team, signified his willingness to play if such a movement took definite form. For the present it looks as though there was no possible chance to have a team come from the States to revive baseball here. Arguments Ended. The argument which has been troine on for some time before the road com missioners came to an end yesterday morning. The question in consideration was whether or not government lands are assessable for betterments. Arthur A. Wilder appeared for the J government acainst a host of older lawyers. The decision will be handed in by the end of the week. Can't Face on Fort Street. There was a special meeting of the council of state yesterday morning to consider the proposed saloon 011 the corner of Hotel and Fort streets. It was decided that the entrance to the saloon should be not less than sixty feet from Fort street, and that the liquor business should be confined to the west end of the building. No More Concerts at Makee. Secretary Henry E. Cooper, when interviewed by a Republican reporter pjrnincr tVio rpnnrf in nun nf thtv ing papers nbout the Junday band coucerts being held at the Capitol, fully substantiated the statement. rom the general popularity of the Sunday concert Mr. Cooper has decided that the preseut arrangement reaches peo ple that would otherwise not be reached. The band will hereafter play at the Capitol every Snndsy afternoon. KOEBELE GOING TO HAWAII. "frill Investigate Several Bug Pests That Threaten the Islands. ; Professor Koebele, the government entomologist, will start for Hawaii on the Mauna Loa today. When interviewed by a Republican reporter yesterday, the professor said: "I will get off at Kailua, where I will look into several pests that have lately been increasing very rapidly. There are two species of borers that are now attacking the koa trees and I will see what can be done about them. "From there I will go up into the mountains on the Lowe ranch and investigate conditions there. Owing to the late dry weather the pets and insects have been increasing with alarming rapidity, and I will see if some check cannot be put on the increase.' JAPANESE INDECENCIES ON MERCHANT STREET. The Nakedness of Kales and Females Has Shocked a Respectable Neighborhood. There is urgent complaint against the Indecencies of a colony of Japanese residing on Merchant street, between Alakea and Fort streets, adjacent 'o the recently completed Magoon building. "The nakedness of these people is something awful," said a resident of that neighborhood yesterday. "It is bad enough the way the people of this race go here at best, with their too often beltless, but must we endure their nakedness here in the very heart of the city? I hope not; It is disgusting to men and it cannot neip hut be demoralizing to women and children." An inspection of the place revealed the justness of the complaint. The "joints a very public place and the Inmates thereof have no manner of regard for the decencies of life, as Europeans and Americans regard them. Only a few doors away are the buildings recently condemned by the board of health as unfit for habitation. The occupants of these latter buildings were equally obnoxious to their neighbors. It is quite true that they are unclean in their homes and surroundings, but the complaints just now received are against their personal conduct rather than the buildings they occupy, It is probably necessary only to call attentloa to this matter to cause the police to act in the premises. CULTIVATION OF TAXAXHTB. One of ubjscts for Experimental Station to Investigate. One of the first matters tba new ex- station will have to look to after it is established will be the proper location for the tamarind tree. It is said the tamarind does not do well up Nuoana valley or anywhere that the winds are cool and strong compared with the city front level. There U a. good deal of the tamarind fruit preserved here, and It is in good favor wherever Introduced in temperate climates. Nothing is more refreshing for a warm weather drink than the liquor obtained by pouring hot water over the trait. Tamarinds are preserved like other fruits, either as jam or syrup, so as to be capable of exportation. They have badLas good a start abroad a any other fmkHodoot of Hawaii to form aa Im- portast item in tfee sum of diversified UNnamw. II Hill! ROBBEBYIHL TTriTTT T rwi o- Qin o- TCTo a " --" - Relieved of Seventeen Dollars. KANE'S SEARCH FOB RIPE 6UAYAS. THE BEATING OP AN INNOCENT CHTNAKAN TNTO INSENSIBILITY WITH A STONE. Remarkable Story of Crime and Avarice Told on the Witness Stand in Judge Silllman's Court Yesterday. Tong Sing hobbled to the stand on crutches. Chinaman though he wtw. he was queueless. How he lost his queue is a part of this interesting criminal story. It was in Judge Silllman's court yesterday afternoon. Tong Sing, after being sworn, told how Kane, a native, beat him into a state ot unconsciousness and then robbed him of a put 58 containing seventeen big silver dollars of American and Hawaiian coinage. Probably a more atrocious case of in the first degree was never told in a Hawaiian court. Tong Sing began by saying that he had been a resident ot Honolulu tor tan years. He was formerly a cook, but the supply of the friers of tenderloin steak exceeding the demand, he became a hackman. His badge number was 17. He had been in the hack business slate October. 1S39. His stand was on Klas street, near the depot. On the 1st of July of the preaent year, as the witness wasslttlng in hfe hack idling away time and longing expectantly for a customer and the gllat of his coin, the defendant approached him, or rather his vehicle. Kane got Into the hack on a rear seat and commenced a conversation in the Hawaiian language. He asked the witness if he were married to a Hawaiian; if so, how many children he had and if the baby cried nights. These questions the answered circumspectly. All thi3 time the witness noticed that the defendant was far away In his thoughts and was cogitating mightily. He also noticed that there was a circular lump in the right pocket of the defendant's black trousers. JHe thought nothing about this proturbance at the time and did not conceive that it was to deprive him of thought later on. But we are anticipating. Finally the defendant told the witness to drive on. He whipped up his nag and they were off. The command to go was given at 9:30 in the morning. The witness never saw the defendant before. The defendant told him to drive out the asylum road. He did so. When he reached the asylum road the defendant commanded him to go up Punchbowl hill, as he knew where there were some fine guavas. He wanted to gather them. His sisters, cousins and aunts. In fact. the. whole family were fond ot guava jelly. As a househod commodity it ranked with poi. They went up Punchbowl hill about a mile, or till they reached the bi? trees. During this time they retatnd their relative positions in the hack witness on front seat, defendant on rear seat When in proximity to the big trees an awful assault was committed on the wearer of badge No. 107. Kane drew from his pocket a stone, unbeknown Lat the time to the witness. "Without a word of warning to the unsuspecting Chinaman, who was reining hi3 horse up the hill, Kane lifted the murderous weapon aloft and brought it down with a loud, resounding thwack on the skull of the Jehu. Then he belabored the poor Chinaman until the Mongolian was insensible. When the Chinaman returned to semi-consciousness be found himsalf tied to a tree by his queue. His face was horribly cut and disfigured, his right leg broken, his money gone and his hack missing. Kane, after beating him, dragged him to the tree, watjh was twenty to thirty feet away from the infrequented road, and fastened him to it by the queue, robbing him e his purse in the meantime. The Chinaman. In order to liberate himself, cut the queue and shouted &) help. After many long minutes painful and excruciating snspease assistance came. The hack was foand at Malkiki and the Chinaman was taken to the hospital. The case was tried by the Touowln jurors: W. C. Wilder. Jr., Sam W. Spencer, RTW. Green, Geo. W- W. M. Graham, M. K. E. Oscar White, Chas. N Hos. F-H. Armstrong, Thos. E. Krouse, Jacob Lando and H. F. Wtchmaa. After being out a slfort time they foand Kane guilty of robbery in the first degree. He will be sentenced this morning. Kane was ably defended by George D. Gear- Deputy Attorney General Cathcart conducted the prosecution. THE SPBJECSELS LTBTTL. Testimony in Case Will Be Takan Before a Special Referee. In the United States district court yesterday morning in the admiralty case of John D. Spreckels & Brothers Company for fJ0.OOO acainst the bark Dunreggan. the libelee filed an answer and the court ordered that the testimony be taken before W. G. Robinson, United State comajissioner, acting aa special referee. The following candidates were John da Greaves. Encland; ThoBssa Mearo w,TreIaad; W. C J. Ott-ac an, Germany. Account of the bark Empire libel suit will be found elsewhere in The i ,... .. . . - rmnM $ . 54L&n?& .,, ' $if -,' " iij.