The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1856-1888, 1860-03-01
THE PACIFIC
Commercial Advertiser.
NOTES OF iii WEEK.

many times. and ut last laid down quietly to rest
With the approval OF judge, jury. friend aud foe, has
hen revived. and promises now 10 become, ike q
.b,pcery suit. interminable. The case i concisely
.,,,ei in the decision Of the court, in the suit Of
Jhn TIIlman r.. Thomas Spencer, Published in the
r,.t Pofpnesi1H, from which we extract the opening
paragraph
%. This il an action Cf a~ssumpsit, for money had
AMI received To- the plaintiffs use. brought 70 re-
rgyer one eighth share Of the proceeds Of the Amer
i,,n vhaIe-hip Me. sod at auction by the Marshal
IN the month Of February, 1884, upon an execution
i..rsi in the suit Of Thomas Spencer rs. William
R,Iev and George ;. Gilbert At the trial, the
pIaiauE proved that, At the time the ship -NTle was
attached and soil by the Marshal, TO satisfy the de
f~enIant's Judgment against Bailey and Gilbert, he
(the pIIinJif} was the owner Of one eighth part Of
saI .lip. II appeared also that when the Marshal
atrachei the ship, which b. did by direction Of the
defendant, he received from him n bond Of indemnity,
executed by Spencer a. principal, and Harris T..
Fitch. a. surety, which was subseque- tly changed,
before the selling q the ship, which was done by the
direction Of the defendant or Of Harris /. Fitch,
with the defeuilnt's knowledge and assent, for a
bond executed by Fitch a principal and Spencer as
surety. the latter having verbally assigned 10 the
former his claim against Bailey and Gilbert. But
the suit wac prosecuted 70 judgment IN the name
Of Spencer, in whose name also execution was issued,
AID TO whose attorney the amount Of the judgment,
with interest, was paid by the Marshal, out Of the
proceeds Of tire ship, outfits and appurtenances. The
whole amount received by the Marshal from the sale
Of the ship aud appurterances was Sl3,Oz6,4O out
Of which he p.Id TO Speucer's attorney the suh Of
Colo "A He paid also nearly -2DO4 for seamen's
wages and other claims against the ship at the
United States Consulate, together with the expenses
AMI Commissions incident 70 the levy and sale and
the balance, $1,000 Is, he paid into court As order
Ell. This amount was afterwards reduced 70 S277O-
80, by the payment Of two claims against the ship
for supplies furnished her ut SEA The Jury, under
Instructions Of the Court, returned a verdict in favor
Of the plaintiff for 1892 50, being one eighth part
Of the zum uufI tn Supucpr On hs execution with in
rerest thereon and the defendant now moves TO set
aside the verdict, and enter judgment Of nOn-suit
against the plaintiff on certain exceptions noted at
the trial"
Under the above ruling of the Court, the defend
ant, Capt Spencer, pays the judgment and costs Of
Court. -
An Old PAPER.-We are indebted to Mr.. T.. F..
Harder. for a copy Of the "-Nsur EagiaHd CourGnf,''
published in Boston February, 1923. The specimen
before is only 4 tae-sizaiie, but printed on the same
press ON which the original was probably printed by
Benz Franklin The leader betrays the quaint style
which all newspapers Of that early day possessed. 1t
says that its publication is designed purely for the
diversion and merriment Of the reader and like our
P0lyHesiaa cotempOrnry, sought to ''entertain the
town with the mos. cCmical and diverting incident
Of humane life, which in so large n place as Boston,
will not fail of a universal complication Its edi-
tor or COgraafeer, as it calls him, also resembled our
modern confrere an being, rs it says, "a man of
such remarkable opticks, as to look two ways at
once" The closing paragraph of its leader admira-
bly, hits of the pedantry Of those who are always
aiming to exhibit the marks Of a university breeding.
We quote it
"P. $. Gentle Readers, we design never to let a
Paper pass without a Latin Motto if we can possibly
pick one up, which carries n Charm in il TO the Vul-
gar, and the learned admire the pleasure of Constru-
ing. We should have obliged the World with a Greek
a.raz o. s-n 80 IL D-Trtnr Ina M TyIa1 n"I
Thereof re we intreat the candid Reader not to impute
the defect to our Ignorance, for our Doctor can say
all the Greek Letters by heart"
NAvAL-H. B. Ms Steam Frigate Topa=e, carry
ing 81 guns, and $50 men, arrived at this port
Feb. %. and being too large to enter the harbor,
anchored outside. She is en- route from England to
Victoria. She left Valparaiso Jan. II. She sails to-
day for Vancouyer's Island. The following is a list
Of the officers:
Cg~ptsiH-Ihe Hon. Jno. VS. Spencer.
Wordsworth B. Jackson
The Hon. Horace D. LasceIles.
Edward Il. Pussy.
Master-rhos. b. Read
Spgsoa-Chss. Forbes, VI D.
PaymGsfeT-I-nry y. ScayJe.
GGg,gia or Ma-f"e'-5a aHss sh y svuu
CAisf Eagisser-Kobert Drummond.
4ssistaHt SHTgeoNs-Alex- Kallray- MD
Assistant PagmGsfeT-Kussel Hill
IMPORTANT, II TRrg--we learn from the New Bedford Her-
q ts l6h Dec, that III J.; C. idreIftser is to he put
yet heard Of this fact, but II a. luminous a. q late upon the tax
question, it might - we'll b. semi-oeeasioH .Hy-POiyHesiaH-
The n b Mercury of Dec. 10 does not contain
such stItement as the above, and if it did, or if
another number of that paper does, it is not half 50
bal rs the bluuders continually occurring in the
PolyassiaH. II the editor of the latter will wipe OF
4 little of the official film that gathers on his eyes, he
;an see to write (perhaps) a little more correctly.
q When the official organ undertakes to officially
eport a ball or reception, we advise it to send n re-
7orter or hire some one especially for the occasion, so
hat it may avoid Misrepresentation, and not an
lounce persons present or absent incorrectly. Per-
il would also be well to classify the guests as it
its passenger lists, viz: give the names of cabin
passengers, and lump the storage. This plan will
ecCucie official persons to any casual omission made
{ their names in the published catalogue. OF course,
he government will not be in any wise implicated in
he arrangement. |
Rockers AND RUxAwAYs.-On the evening of the
III. several horses hitched near the Fort street
,hurch. became frightened from the firing of rockets.
)ne Of them. belonging to Mr.. f. o.. Hall, got loose,
NJ broke the wagon to which he was harnessed.
hose who indulge in the sports Of rocket-fring
hOuId be held responsible for the damage done by
hem. -
\ SUPERB NONUNsyT-The SyTeH has brought
ut a monument TO be erected over the grave Of the
ate Richard COady. 1t is made Of the finest white
Italian marble, and represents a monumental shaft
roken OF It stands on a PEDESTAL of the same ma
eriaI, and It's height viii be about twenty feet, max
ng it one of the most conspicuous objects in the Gene
-
FROM PUGET SoUSD.-Our thanks are due to Capt.
loors, Of the Jenny Ford, for Port Townsend papers
February 1st, and also for late Victoria papers.
!. paper has been established ut New Westminster,
Ehch place Is intended as the future seat of govern
bent Nothing Of special interest has occurred in