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The Honolulu republican. [volume] (Honolulu, T.H.) 1900-1902, December 14, 1901, Image 8

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EIGHT THE HONOLULU REPUBLICAN, SATURDAY, DECEMBER 14, 1901.
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KUHST SOLD UQUQB
WITHOUT I LICENSE
Sleuths Ferreted Out
His Bottles of
Grape Juice.
HO INSTRUCTION UNDER SEC. 457
JUDGE HUMPHREYS DECLINES
TO ACT IN ACCORDANCE
WITH A MOTION.
I
Deputy Attorney General Cathcart
Asked That Jury' Be Instructed
Under Section 457, Penal Laws
of 1897.
The case of the Territory against
August Itlckard alius Klckard Kunst.
who wai charged with soiling liquor
without a license, was called in Judge
Humphreys court yesterday morning,
aatl the following jury empaneled:
Jas. Kabalepua, H. C. Blckerton. Alex.
K. Aena, Alex. G. Nicholas, Guy Livingston,
Geo. W. Harrison. Harry 3.
Swiaton. Isaiah Bray. Edwin K. Dlake,
John L. Hangman, Jas, K. Merseberg,
Joseph Richards.
Kunst was visited by two white
winged emissaries of the police, and
by thom under tho gul3e of friendship
was Induced, so they alleged, to show
a bottle of wine, for which ho was
lodgod in jail by Officer David Kaapa.
Aftor the convening of court, Deputy
Attorney General Cathcart presented
his case and placed Kallianu
on the witness stand.
The second witness was Nakolellau.
His version of the affair was an exact
reproduction of Kailianu's.
When David Kaapa took tho stand
there was a revelation. He said he
employed the two above named gen
tlomen to go out and look for viola
tions of the law. He selected a hunting
ground and sent his two knights
forth. They reached their destination
and asked for something to drink,
tendering In payment therefon the
money they had received, and according
to their testimony, Kunst fell an
easy victim to their wiles and placed
a bottle of wine and two glasses up
on the festal board. During this
time David Kaapa, having climbed j
number of back fences, appeared upon
the scene, startling the erring
Kunst by declaring him a prisoner.
Aftor ransacking the house and peering
under beds, Kapaa discovered, he
alloges, five and one-half cases of
Green Rivor whiskey, a number of bottles
of gin, 52 bottles of wine and
glasses too numerous to mention.
At the conclusion of Kapaa's testimony.
Deputy Attorney General
requested the court to instruct
tho jury, under section 457 of tho
penal code. Judge Humphreys took
and dofeube having rested thoir cases,
Attorney L. M. Strauss made an able
effort in faor of his client, followed
by a strong appeal for conviction by
tho prosecution.
Judge Humphreys then delivered
his charge, to which the Jury listened
attentively. Tho case thon went to
the Jury In one hour a verdict of
guilty was returned.
Tho prisoner will be sontoncod thiB
morning at 10 o'clock.
In docliulng to instruct the Jury
under section 45? of the Penal Laws
of 1S97, Judge Humphreys gave the
following decision:
The defendant in this case Is charged
with selling spirituous liquors
without a license so to do. in
of our "criminal laws. The
ovidence is all in and the Attorney
General now moves that the Court in
instructing tho jury frame a charge
under section 457 of the Penal Laws
of 1S97. Said section is as follows:
"The delivery of anv spirituous liquor,
either by the owner or occupier, or
by his or her servant or other person
la the house or placo shall be deemed
to be sufficient prima facie evidence of
money or other consideration boing
given for such spirituous liquor, so
as to support a conviction unless
proof to the contrary be glvon to the
satisfaction of the jurv " Prohibition
does not exist in this Territory. "We
have ne statute which declares it illegal
for one to give away spirituous
liquor in one's own house To do so
is In legal contemplation an Innocent
act. This statute converts what may
well bo not only an innocent but a
commendable act into a presumptively
criminal one until the defendant
glvos "prcof to the contrary to the
satisfaction of the jury. For instance,
a sick neighbor sonds to mv
house for a glass of brandy. His
sorvant Is seen leaving mv premises
with the brandy, whereupon under
this statute I mav be arrested, charged
with selling spirituous liquor and
upon mere proof that the liquor wa
delivered by me, or bv mv servant, I
may be convicted thereof unless I
prove my innocence. History reads
some sad lessons to the judicial mind
as to what Draconic laws have been
put upon the statute book to enforce
some supposed necessity of state and
to eTen the Innocent to get at the
guilty on the same tyrannical plea
of "necessity.' Mar we no paraphrase
the cry of Madame De Stael
and exclaim: Oh necessity, what outrages"
are committed in thv name? In
every age and country of the
world where the common law has
been known, its humane maxims that
the crime charged must be ilroven beyond
a reasonable doubt and to a
moral certainty, and that everv person
charged with crime Is presumed to
be Innocent, are household words
known as well by the tyro and the
citizen as by tb'e wisest member of
the bar, incorporated Into our jurisprudence,
interwoven with the very
net work of society. Early and late,
at the first daws of legal science, in
the reigns of the worst of the Tudors.
and the Stuarts before the American
revolution and since, up to the last
page put to press by the last sensible
author, these truths of the common
law have never been doubted or called
Into question. Where has a contrary
opinion prevailed. In countries
of the civil law? In countries of extorted
confessions by thumb-screws,
the Iron boot, the rack, boiling lead
places where the poor wretch charged
with an offense is presumed guilty
upon proof of an act innocent in it
self, and on that presumption is tortured
until he confesses in the dungeons
of the bastile. and in the tyrant's
priscn. "where hope never
comes that comes to all?" It was In
one instance made to sully the pages
of the statute law of England, but it
was driven from it in disgrace amid
the execrations of honest men. It
was that horrible law, which makes
the b'ood curdle in the veins at its
recital, which presumed the mother
of an illegitimate child, when it died,
guilty of infanticide, unless she could
prove bv rfie witness at least that tho
child was born dead.
The crying injustice of
men in advance of proving them
guilty, upon mere proof of acts which
mar well be innocent, harmless,
charitable, neighborly in all things
commendable, has been immortalized
bv Virgil, when he makes the common
Svbil lead his hero through his fabled
hell. On his wav to the Elysiau
plains, the hrrrid sounds of Tartarus,
surrounded by a triple wall salute his
wars; the clank of iron, the rattling of
chains, the groans of anguish the reverberations
of the lash! Affrighted
he asks his conductress the meaning
of those sounds, who the culprits, by
what manner of punishment afflicted.
The Svbil replies that "no pure spirit
can ever enter those accursed
abodes." There the Cretan
holds his dreadful court
he first punishes then hears the
crime, ccmpelling the prisoner to
confess. "Nulli fas casto scleratum
'nsistere limen. Gnossius. haec
habet durissima regna
CaFt'gatque auditque dolos, subigitque
fated."
Among the sacred rights guaranteed
to the citizen charged with crime is
the right to demand "tho nature and
cause of the accusation," "to be confronted
by the witnesses against
him." nor can he "be deprived of life,
liberty or property without due process
cf law." Under this statute can
it be said that a defendant is informed
of the nature and cause of the accusation
against him when he is charged
with selling and convicted upon mere
proof of having delivered spirituous
liquor? It is due process of law to require
a man to prove to the satisfaction
of the iurv that an act which we
have seen might be innocent was not
in fact criminal? When the constitution
was framed, it was required
that the crime charged should bo
proven beyond a reasonable doubt.
To dispense with the necessity for
this proof is Just as great a stretch
of power as it would be to dispense
with the number of twelve men on the
Jury.
Under this statute the owner of a
mav be found guilty of selling
uui on proor mat ne delivered spiritu
tho matter under advisement and a ous liquor, but upon mere nronf thtt
recess was ordered until 2 o'clock, 2t It was delivered by any person in the
which time the judge declined to in- house. No man can be said to have a
struct tne jury as uaa oeon requested.
The attorneys for the prosecution
'iriwHcd on Tenth Page.)
NEW TODAY
NOTICE.
The adjourned annual meeting of
the stockholders of the Kehaha Sugar
Co Ltd., will be held nt the office of
H. Hackfeld & Co., Ltd., on Monday,
tho 16th day of December, 1901. at 2
o'clock, p. m. P. KLAMP,
2t Acting Secretary.
SALE OF GOVERNMENT LOT AT
HILO, HAWAII.
On Monday, January 13th. 1902, at
12 o'clock noon, at the front entrance
of the Capitol (Executive Building),
will be sold at public auction Government
Lot situated on Waianuenue
street, Piihonua. Hilo, Island of Hawaii,
and containing 25,000 square
feet, more or less.
Upset price, 515.000.00.
Terms cash U S. Gold Coin.
Expense of Patent Grant and
Stamps to be paid by purchaser.
Maps of same can be seen at the
office of tho Superintendent of Pub
lic Works. Honolulu, and at the office
of E. E. Richards, Government Land
Agent at Hilo.
JAMES H. BOYD.
Superintendent of Public Works.
Christmas Cheer!
S. B. iifahrg Whiskies
QUAKER CLUB OLD RYE.
GLADSTONE PURE RYE.
MARYLAND PURE OLD RYE.
OLD JUDGE KENTUCKY BOURBON.
A Large Consignment of ... .
Beer m kind.
For a fine old. Scotch "Whiskey try
Old Bliriei Olenliyet Wklskey
7 YEARS OLD.
Joseph Hartmann k Co
LIMITED.
WAVERLEY ILOCK...
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The
.;
W'ff
Porter
t
LOUNGES
MHTTRESSES
PILLOMS it! .
'urniture Co.,
Wish to announce to the public that
their Holiday Goods are now on
exhibition. All new stock and well
worth looking over.
chhirs ."-- . v; i rC;
THBLES
CHIFFONIERS
'.Vf
We will take great pleasure in showing yon any
of the aboye goods
DON'T FAIL TO GIVE US A CALL
TftE GVLIFOrTNlV
$j A jVXociern. $tylisli Bar
'
All kinds of Mixed Drinks, Beer, etc.
fl None but the best of Liquor used.
jl VIDA & GRAY, Props.
NTTUASTTX
STBKET.
AMERICAN MONTHLY REVIEW OF REVIEWS
THE commended by Statesmen. Professional men and thousands of
ethers prominent :n the world's activities, for its fine discrimination
in sifting the actual news from conflicting report and the presentation
of current events in their just proportion. They comment en its
freedom from daily-paper sensationalism All men and women who
want to know what the world is doing find it an intellectual necessity,
to judge from the letters received from hundreds. Its editorials are
comprehensive, and. labor saving to the busy man or woman. Its
timely contributions en important topics are by the best-informed
writers. Its reviews of ether magazines give the best of their best
work. It is profusely illustrated.
These letters will enable all thoughtful men and women to judge
of its value to them .
PRESIDENT
"I know that through Its columns
views have been presented to
me that I could not otherwise have
had access to , because all earnest
and thoughtful men. no matter
kow widely their ideas diverge, are
given free utterance in its columns."
T&rf&re fitzumU
"I consider it a ety valuable
addition to my library."
Gtsiti CirttlinJ
" It is a publication cf very great
value. I have sometimes found
there very important matter indeed
which I should sot otherwise have
discovered. " Gtfirre J ffear, I. 5!.
Senator M&uAtAuttttt.
" I Am x constant, reader o the
"Review of Reviews." and appreciate
u very highly indeed 1 think
it a very important part o( my
library, and practicailr a necesstty
for one in public life." f. B.
Ftrcltr U S. SntzUr. Okia.
It is one cf the best and most
satisfactory publications of the
day " Is Us iKfcirUnhM. S.
" I do not have a great deal of
time to read magazines bet I take
pleasure in saying that the " Review
ot Reviews" is among the number
which finds a place oa my table
each month." Jut JC. Jnus,
Scad lot particulars as to how it can be had with an invaluable sex
ef &ee&i tor ya cents a month.
Clje cl;kto of rtmD Compatro
13 ASTOR. PLACE. NEw'yORK
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specified.
V
BLUE KND GOLD IRON BEDSTEADS
CHINK CLOSETS
CH7OTBER SUITS
EXTENSION TABLES
DIMHNS
)PWw . 4
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-&,:.
The Porter Furniture Company.
PHONE MAIN 372.
COR. BETHEL AND HOTEL STS.
GAGE AND OF SALE.
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W
CONDON'S NIGHT PATROL
RELIABLEWATCHMEN FURNISHED
FOB
Buildings, Business Property
AND
Residences
ALSO
Ships and Docks
I
1
Rates
Reasonable
PHONE BLUE 1211.
OFFICE: 1249 FORT STREET.
MORTGAGEE'S NOTICE OF
TO FORECLOSE MORT
In accordance with a power of sale
contained in that certain mortgage
made by Dibble K. Ilae to J. Alfred
Magoon. dated April 10th, A. D. 1901,
recorded in tho Register Office, Oahu,
in Liber 192, pages 124 and 125, notice
is hereby given that said Mortgagee
intends to foreclose said mortgage for
condition broken, to-wit, the non-pay
ment of interest when due, and upon
said foreclosure will sell at public auction,
at the sale rooms of Will E.
Fisher. Honolulu, on Saturday, the
11th day of January, A. D. 1902, at
12 o'clock m. of said day, the premises
described in said mortgage as below
Further particulars can be had o"
Thomas r. Dillon, Attorney-at-Law,
Magoon Block, cor. Alakea and Merchant
streets, Honolulu.
J. ALFRED MAGOON,
Mortgagee.
First All the right, title and interest
of said Dibble K. Ilae in and to the
lands and premises situate at Aala, described
in Royal Patent 175S, Land
Commission Award 9S0.
Second An undivided one-third of
the land situate at Mapulehu, described
in Royal Patent 2973, Land Commission
Award 3S35. :
Third All the right, title and interest
of said Dibble K. Ilae in and to
that certain piece or parcel of land
situate at Kamaole, Kula, Maul, described
in Royal Patent (Grant) 405JL
Fourth An undivided one-third interest
of the Ili of Pauaula In the
of Mapulehu. being the same
premises described in Royal Patent
7232, Land Commission Award 321S.
MORTGAGEE'S NOTICE OF INTENTION
TO FORECLOSE MORT
GAGE AND OF SALE.
In accordance with a power of sale
contained In that certain mortgage
made by Ella Awihl to J. Alfred Magoon.
dated February lst A D- 1S93.
recorded in the Register Office, Oahu.
in Liber 174, pages 353, 3S4 and 355,
notice Is hereby given that said
intends to foreclose said mortgage
for condition broken, to-wit, the
non-payment of principal and interest
when due, and upon said foreclosure
will sell at public auction, at the sale
rooms of Will EL Fisher, Honolulu, an
Saturday, the 11th day ot January,
A D. 1902. at 12 o'clock sn. of said day
the premises described in said mortgage
as below specified.
Further particulars can be had of
Thomas L Dillon, Attorney-ct-Lav,
Magoon Block, cor. Alakea and Merchant
streets, Honolulu.
J. ALFRED MAGOON,
A1L the right, title and Interest of
said Ella Awihl in and ta the Ahnnnas
of Hilealil, Kaa, Islaad of Hawaii j
(betas 214), covered fey Royal Patent
No. 7621, Laad Award
''7715.
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THE
1IWTSWS
fREto...
-v- -v
advertiser's bvst friend is tha medium through
THE he obtains the biggest returns for his money.
One medium which is used by advertisers to a great
extent is the circular or booklet The circular or
booklet is always Ineffective, unless it is Terr handsome
handsome enough to attract the eye of the man to whom It
Is sent, no matter how busy he may be. A booklet handsome
enough to do this almost always costs from three to
four cents apiece. There Is the mailing to count In (two
cents a copy, of course); there is the trouble in getting a list
of names, and In addressing. Altogether the coat will figure
up to about seven cents a copy for a good booklet Two
thousand Circulation in a booklet Is very large. Two thousand
circulation at seven cents is $140. I propose to show
that you can invest $140 in newspaper space anJ get returns
five fold of what you would get through a booklet
Newspaper Space Is Valuable
In the first place, there is the cost. For $140 you can txt
a good-sized space in a newspaper of good circulation for
quite a long time You know your newspaper rates; you can
figure it out to suit your own Instance much better than I
can. So much for cost
Now for Effectiveness
You must tell your customers how miieh your goods are
going to cost An advertisement without a price Is like meat
without salt it will do you no good. How can you pat
prices in a booklet when you are doing a strictly retail business?
You have competitors; you have to chango your
prices constantly to meet thelra. and to meet other exigencies.
The first change of a price will kill the effectiveness
of a booklet, and where are you? Your cdvertisemont
In a newspaper may be changed as many times as you do-sire.
You arc constantly up-to-date.
The Newspaper s Effective
Any kind of a newspaper has more circulation than yoa
can obtain through a booklet for $140. Newspapers reaah
the heart of the home. Every one reads them, and they aro
far more certain to obtain close attention than any printed
matter which you would send. If you sent printed matter
of your own accord to persons who do not know you, yoa
would be putting yourself face to face with thom without s
guarantee. They have nothing to judge the quality of your
goods by, and they can only take what you say on our own
paper and In your own way. Anybody can say as much as
they please.
When your matter appears in a newspaper of good circulation
and good standing, the newspaper is a guarantee for
what you say. Newspapers are always particular as to whom
their advertisers are. (I speak of good newspapers alwnys.)
Your ads will gain a value besides their inherent one. They
will be vouched for, and this Is not to bo despised. Yoa
have a certain fluctuating trade, which is always valuable,
and which needs seme sort of an introduction to your store.
This introduction the newspaper gives you.
Good Paper Adds Dignity
You are known by the company you keep, you know,
and if your ads appear in a paper which holds itself up before
the masses as a leader, you will be known as a patron
of what is good, and you will obtain trade from those whom
it is worth trading with
On all scores I consider newspaper advertising by far
the best On the Bcore of cheapness; on the score of being
able to constantly change your announcements; on the score
of direct and immediate returns; and on tho score of being
introduced to people, to strangers, as a store which can afford
to announce its news to every one in a dignified and
straightforward manner, and this i3 tho manner which brings
trade that pays.
FRANKLIN BURNHAM,
New York City.
The above article, written by one of the best-informed
advertising men in the country. Is In line with the business
policy advocated and maintained by THE HONOLULU REPUBLICAN.
His description of a good newspaper and Its
superior merits as an advertising mtdium Is distinctly applicable
to an essentially reliable and dignified family paper of
large circulation, such as THE REPUBLICAN.
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NOTICE OF MEETING.
A meeting of the stockholders of
the Robert Grieve Publishing Company,
Ltd., is hereby called for Wednesday,
December ISth. 1901, ,t 3
o'clock, p. m., at the office of the
Treasurer, J. H. Fisher, on Merchant
street. Honolulu.
Said meeting is called for the purpose
of considering new quarters tor
the business of the company, and for
such other questions as may legally
corn before it
EDWIN S. GILL.
Secretary.
Dated at Honolulu, Dec. lltb, 1901.
WILDER'S STEAMSHIP COMPANY.
Notice.
Honolulu. November 14. 1901.
On and after December 1st next all
freights must be prepaid unless other
arrangements be made at the office
of the company, corner Fort and
Queen streets, previous to that date,
a L. WIGHT. President
ESTATE OF FRANCISCO GOMES
CAP1CHA, DECEASED.
NOTICE TO CREDITORS.
AH creditors ol Francisco Gomes
Capicha. deceased, are hereby notified
o present their claims, duly authenticated,
and with the proper vouchers,
f any exist even if the claim is secured
by mortgage upon real estate,
'jo me at my residence, on the corner
if Spencer and KInau streets, in.
Island of Oahu. Territory of
lawail, within Six Months from the
late of this notice. If such claims be
ot presented within six months from
he date of this notice they shall be
"orever barred-Dated
at Honolulu. Island of Oahu,
Territory of Oahu, December 6th A
O. 1901.
Her
VIRGINIA X GOMES,
Mark.
Executrix of the Estate of Fraaclsco
Gos CapIchaDecwaea.
J. T- DeBOLT. Atty; for Executrix.
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THE
T6a Tri -Weakly Laadlag Hswspapsr.
Best Job PriatlBg at Lowest Pricw.
Proprietor, -Editor,
- . -
- DE. T anTAexnaA
- - - - t. KrsrrxHA
OFFICE:
River Street near Beretanla BrWga.
P. O. Box 842. TeL White 54L
'a23.g Okas?,
Merchant Tailor
TWO STORES.
No. 64 Hotel, opp. New England Bak
ery, and Hotel street, opp.
Hoffman Saloon.
Suiti Made to Order In the Latest
Styles- Perfect Fit Guaranteed.
Clothing Cleaned, Dyed and Repaired
Furniture Work' a Specialty.
All Orders Promptly Executed.
SENG LEE TAI
CARPENTER
CONTRACTOR
PAINTER
543 King Street Honolulu, H.L
Telephone White 99L :
Jobbing Promptly Attended
OSCAR SELLERS
PLUMBING-
Offlc aatl Biop:
172 Beretanla, np Alapal Street
Pwptag Station.
&EWER WORK A SPECIALTY.
&-
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