davidaulloa/AmericanStories huggingface dataset:
The Hawaiian gazette., 1869-10-27
supreme Court--At Chambers.

TBEFoRE HARTwELL J., SEPT. &c. 1859
Kesmoku (w.) VS.. Wahineawa tk.)
Petition for divorce on the ground OF adul-
tery. The petition sets forth that a house,
built by joint earnings of the parties on the
land of the sister of the petitioner, which the
petitioner had occupied alone since be de-
serted her, and prays that this house may
be decreed to belong solely to petitioner for
her future residence, and that future main
tenance be allowed, etc. j. Montgomery
for petitioner
To this petition the following pleas were
fled by W. c. Jones, defendants counsel
1sT PLEA sand now at this day comes the
said defendant and makes his appearance In
this cause and for answer to the said petition
of the said plaintiff, denies all and singular
the allegations in said petition.
2SD PLEA. "And now at this day came the
said defendant and demurs to that portion of
the said plaintiffs petition filed herein which
asks that the dwelling house may be decreed
to belong solely to the petitioner, for her
future residence. because in this form of ac-
ton, the Court has no power to make such
decree
Sd PLEA "And the said defendant comes
into Court and denies all the matters and
things stated in the said plaintiffs petition,
and AYERS that she ought to be barred from
sustaining her petition for diverse in this
cause, because he says that she is guilty OF
adultery and is now living in an aduterous
state, and this he is ready to testify, where
fore be prays Judgement Of the said plaintiff"
Second and third pleas argued.
The Court after remarking that in strict
ness the demurrers Of the defendant admit
ted the truth Of the fact pleaded, SO that no
evidence need be given If they were over
ruled, yet in divorce cases, the Court must
satisfy themselves that proper cause exists
before granting the petition, proceeded to
overrule the defendants second and thirdpleas
on the grounds, 1st: that whatever properly
in her own right belonged TO the petitioner
might be shown in this proceeding. to mod
ify the decree, and the Court would take
such action after hearing the evidence, as
the case seemed to warrant and as the Stat
utes allow. And End; that the petitioners
bad conduct was cause, in the discretion OF
the Court, to refuse her petition, but was no
legal bar, by which to deny her hearing.
On the close OF the evidence for the petI-
tioner, the defendant affirming no evidence
the Court decreed the divorce with costs,
and that defendant also pay the petitioner
ten dollars az alimony.
The Hawaiian gazette., 1869-10-27
c. w. GREY & CO.,
Hawaiian Soap Works,

At Leleo, and Dealers
In all kinds of Soap. Beef, Mutton, and Goat
TallOw wanted.
Office, 80 Fort Street, where orders will be re-
ceived and prompt. attended to. [39
The Hawaiian gazette., 1869-10-27

JNO. MOTT.
The Hawaiian gazette., 1869-10-27

". ". ot
Attorney for Defendant.

naru laOOr, WITHOUT authority OF law WHICH
has been inflicted on him.
W. c. JONES,
Attorney for Defendant
s. II. Phillips, Attorney General, for the
Crown.
The Attorney General made the following
points:
l. The writing signed by the witness ASH,
was competent evidence for the purpose Of
contradicting him upon a material point, (for
which purpose, alone, it was ADMITTEDLY n
Phillips on Evidence, 2eS; Greenl. Ev.,
462; Baker VS.. Arnold, 8 Cain R., 279; Lam
alere VS.. Case, Wash, G. c., 4lSl
2. The previous inconsistent evidence of
ASH, before the Magistrate, was legitimately
admitted, to discredit him upon a material
point II Phillips on Ev., 293, and cases
cited in Cowen & Hills Note, No. 5SS
8. A Court is not bound to give instruc-
tions in the words of Counsel, or to single
out detached facts, and give them undue
prominence, at the request of either side.
[Farnum VS.. Davidson, 8 Cush., 1872 Church
i'll VS.. Rosebeck, 10 Conw., $50; Den VS..
Wintermute, Green, III
4. The verdict was warranted by the evil
dence.
Hartwell, J.
The defendants motion for new trial, as
already decided by this Court in The King
VS.. Cornwell, was not properly before the
Circuit Court. The refusal of the Court to
give the instruction prayed for, could not
have injured the defendant, the weight of
the evidence and credibility of the witnesses
being left to the jury alone. There is no
ground in this case to set aside the verdict
as without evidence. The question of set
ting aside verdict on conflicting evidence Is
so clearly settled, that it is unnecessary to
comment upon it. The prior admission of
the witness ASH, and the evidence Of the po-
liceman were sufficient, if believed, to sus-
tain the verdict.
In regard to the introduction Of the writ
ten statement and of evidence thereto after
the witness had testified, with corroborating
evidence, that he knew nothing about the
papers and that it was obtained from him by
violence or misunderstanding, 1t is enough
to say that such evidence is always admissi-
Bile for the purpose of discrediting witness.
The witness's attention should first be called,
as was done here, to the contradictory writ
ten or oral statement alleged. The fact that
this written paper was sworn to, and only
signed by the witness does not affect the
general rule, admitting evidence of previous
contradictory statement, in matters peril
nent to the issue. 1t was in the discretion
of the Court to approve or not, the security
offered for bond conditioned to pay the
fine and costs. What that security was, does
not appear, and therefore We cannot regard
the refusal to approve the bond as an abuse
OF discretion. The fine ofthree hundred dol
lars imposed is within the limits prescribed
by law and is not to be set aside as excessive.
Exceptions overruled.
The Hawaiian gazette., 1869-10-27

CooperS' Tools,
Crozers, Howels, and Champering Knives,
Carpenters Planes,
Fore, Smooth, Jack & Jointers,
Cut Nails, 3, 4, 6, 5, 10, 12, 20, 80, 40, so and
God, Boat Nails l, II, II 4 inch,
Pressed Nails, 2 2! inch.
Cooper's Rivets, 4, 4 fbs,
Copper Rivets Burs, I. ],
al inch, Gimp Tacks,
Iron Copper Tacks
Of all sizes.
Best Rubber Hose, /, Z, l, II 2 inch,
Centrifugal, Varnish, Paint, White-Wash
and Scrub Brushes. Cov'd Tin Pals,
], liz, 8, 4, 6, S, lO6 II quarts,
Covered Slop Pals, Dippers,
Dish and Milk Pans,
jennings Bits.
Soldering Irons,
T Hinges,
Steels,
Hammers, Gauges, Squares, Chisels,
Augers, Sieves, Lime Squeezers,
Yard Sticks, Bung Starters, Axes,
Shovels, Spades, Oos, Lanterns,
Eagle Horse, A and Plows and
Points, Paris Plows, extra
heavy and strong.
Protoxide of Iron,
Pain Killer,
Poland's White Pine Compound,
Pals, Tubs, Brooms, ETC., Etc.
DOwner's Kerosene Oil,
From the Boston House.
And Many Other Articles
ALL TO BE SOLD Low.
The Hawaiian gazette., 1869-10-27
PHOTOGRAPHY!

Improvement is the tder of the Day.
HAVING CONSTRUCTED A NEW SKY
IL Light, and made vaious other improve
ments, hope now to be BILE to suit the most
fastidious with
A Photograph d any Size,
From a Crystal to Mammoth. taken in the
Best Style of Art, and on te most reasonable
terms.
Also, for sale, views Of he Islands, Port
rats Of the Kings, Queens and other Nota-
bles. II. CHASE,
32-Iy Fort Street.
The Hawaiian gazette., 1869-10-27

"IAn no. afraid of the sparks" said one Of
the merry girls yesterday, as she was warned
to keep her eyes and mouth shut as the ears
went through the tunnel at Salem. g for was
on a smack three times last week and enjoyed
It ever 50 much"
The Hawaiian gazette., 1869-10-27
jury, and affected the rights of the defendant,

jury, and affected the rights Of the defendant,
and it should have been altogether ezeluGsd.
4 The Court has the right to modify and
correct the judgment of the Circuit Court in
exceptions, and If the exceptions are not
sustained, the Court, in assessing the punish
ment of defendant, can take into considera-
tion the two months imprisonment the de-
fendant has suffered, and the one months
hard labor, without authority Of law, which
has'been inflicted on him.
The Hawaiian gazette., 1869-10-27

women should keep silent in the churches,
and of the frowns of deacons and elders,
openly asserted the right of women to speak
and be heard, and their innovation meeting,
with no favor with the older members, have
finally seeded and established a meeting of
their own. A new church is talked of, in
which this new element shall find ample room
for exercise.
Miscellaneous.
An amusing incident occurred while ago
A young man had been doing q thriving
business in the illicit manufacture of small
stills, and in informing on those who used
them; thus reaping a double profit, and
eluding, himself, for long time, the officers
of the law. He was finally arrested, tried,
and sentenced to Jail. just before the loca-
ton of his future residence was fixed, he
stated that he had request to make of the
Court. On being allowed to proceed, he
wished to know if it made any difference to
the Court which Jail he was sent to. The
Court thought 1t would not. He then re-
quested to be sent to Dedham Jail, as his
family lived near there. The request seemed
reasonable, and was complied with. 1t now
turns out that the brother of the prisoner is
jailer there, and that he has been very COM
fortably entertained at the expense of the
State for some time.
The mechanics Fair begins next week, in
Faneuil and Quincy Halls. 1t will be an in
teresting time. OBSERVER
The Hawaiian gazette., 1869-10-27
WNI. RYAN.
JOHN II. Patty.

Notary Public and Commissioner Of Deeds
For the State Of California. Office at the Bank Of
Bishop Co, Kaahumanu Street, Honolulu. .2-ly5
The Hawaiian gazette., 1869-10-27
BARTLETT SILOoN,
Corner Hotel and Fot Streets.
HEGHES ~ DtNNE

q Having lately renovated and furnished O
81 the above well-known place oenfertain- Ii
ment would respectfully inform theu ublc that tBey
have on hand and will keep nothineut the best Of
Liquors, Wines, Ales, &c, at their b. 3s-Sm
The Republican journal. [volume] (Belfast, Me.) 1829-current, 1869-01-21
ResTDy PRODUCE MARKET.


BUTTER. We note sales CT 40 packages New ork dali
nv at a Acc 80 do rs 41c per ID. We quote common
Western at 80 35c choice Canada at 10 i2c; common
New York and Vermont daries 50 ilc; extra straight
diaries i a 44c; fine fall Butter at IS 4Sc per h.
CHEESE. We quote common New \ ork and Vermont
diaries ioc fine dairy 20c and fine factory at Pie ID.
EGCs. Package sales are made SOC per doz. Lined
eggs not wanted.
FRESH MEATS. We note sales OF two carloads of hogs
in poor order. average weight 2to lbs at he carload,
average weight 252 lbs at II 12c l carload, average
weight 2S0 lbs at II Ice per h. We quote Country Nut.
ton and Lamb SC per ID for inferior carcasses, and
&c for good. Brighton dressed selling &c per
and Brighton do at 12c for iorequarters and - lSc
per ID tor hndquarters.
BEANS. Medium sare difficult sell At anything over
So g per bushe Tor screened Beans although an occa-
sional sale of something very choice Will bring - IS per
bushe Pea Beans sell at 81 per bushei screened,
and ST II for handsome handpicked Bean.
FRUITS. Apples are in moderate demand at 81 Tor
Eastern Badwins 81 80 tor Greetings and Sweet Apples,
and s. per Dbl tor assorted Western fruit. Cranberrlcs
continue dull with sales only OF single bbls at S4 ID
for State, and Sis for Cape.
DRIED APPLES. The market is quite active and the
stock in this market large some considerable sales
nave been made the past week at quotations. we quote
Maine sliced - II 14c do quartered i a l3c; New
York quartered II l-2 l. l-2c; southern y lie.
VEGETABLES There IS d lair supply OF Potatoes, and
Maine Jackson5 selling at .Oc and New ork State
al Soc. Onions firm and scarce at 80 30 per Dbl
POULTRY. The market is better for choice chickens
and turkeys and the stock here is light common pou-
Try is not wanted and sells slowly. We quote choice
Chickens % a 20 per ID; choice turkeys be; good
Chickens and Turkeys 20 22c; common poultry 10 lec
per ID.
HAY. The market is dull SIS a L for inferior quail
titles, $40 for crgoes OF good Eastern, and S22 q per
on for single loads. Bled rye is selling At
ST per ton.
The Republican journal. [volume] (Belfast, Me.) 1829-current, 1869-01-21


PLANTATION BTrTERs combine rare medicinal
virtues with delicious aroma, and flavor CRATE
fi 10 the palate 1t is purely vegetable, and IN its
composition all the requisites of science have been
complied with. It'll suitable for all ages and sexes
It Is gentle, stimulating and soothing. All dyspep-
uc disorders cured by it and repairs and re-
stores natures wasted powers. PLANTATION BIT
ERs are increasing daily in favor With all classes
II relieves suffering, renders life luxury, bright
ens the present, and throws hopeful light on the
future.
MAGNOLIA WATER. Superior to the best i'm
ported German Cologne and sold at half the price.
We have no finer illustration of the cconomisino
of labor and material III manufacturing process ses
Than is exhibited in the STEAM REFINED SOAP
WORKS. 1t is in virtue of this that these most ex-
tellent goods are afforded at SO low a price,
We were pleased to see, not long since, in one of
cur exchanges some pretty severe remarks address,
ed to several persons who, during an interesting
lecture by Rev. John S. c. Abbott kept continl-
ons coughing, which prevented many from hear
ing People who cannot refrain from coughing,
mad better stay away from such places, else take
Il bottle of JOhnS0n's AnOdyne Liniment with
them.
The importance of giving Sheridans's Cayalry
C0ndttt0n POarderS to horses that have been out
IN cold rain, stood IN a cold wind, or drank too
much cold water, cannot be over estimated; no
man should be without them who owns a good
horse,
HEALIII-GIVING SPEER's WINE BITTERs are
pure ana really Observation-Disclosures The de-
puitateu, from whatever cause. use them with the
IuIiest confluence OF receiving advantage by them.
They are pleasant to the taste and are mainly the
pure juice OF the grape; ,liuretic sudorific and
tonic in their effect.
Sold by Druggists.
The Republican journal. [volume] (Belfast, Me.) 1829-current, 1869-01-21
PEABODY MEDICAL INSTITUTE.
No. & BuIfnch Street.


Opposite Revere House, BOSTON
F1HE Trustees of this Institution take pleasure in
i nouncing that they secured services the
eminent and we'll known DIR A. II. HAYES late Sur
geon u 5. Army NicePresident of Columbia College OF
Physicians and Surgeons &c.
This Institution publishes the popular medical
book entitled THE Science of life self
Preservation. written by DIR Hayes 1t treats upon
the ERRORS OF YOUTH, PREMATURE DECLINE OF MAN
HOOD, SEMINAL WEAKNESS, and all DISEASES and
ABUSES OF the GENERAT1VE ORGANS. Thirty thous
and copies sold the last year. 1t is indeed book for
cry man,-young men in particular. Price only $100
This Institute has just published the perfect
Use OF the kind offered the public entitled Sex
ual Physiology of Woman, and Her Dis
eases. protusely illustrated with the very best
cravings. This book is also from the pen of Dr. Hayes.
Among the various chapters may be mentioned The Mys
terry OF Lite,Beautiful Ohspring-Beauty, its value to
W oman.- Marriage,-General Hygiene of Woman,-
PNberty,-Change of Life-EXcesses of the Married.
Prevention to Conception &C. In beautiful French cloth,
$780, Turkey Morocco, u gilt $3.50. Either of these
books sent by mail, securely scaled postage paid
ceipt of price
The Peabody Journal of Health Il first
class paper i'll every respects pages, 80 columns pub
lshed on the LIST OF February, and every month during
the year Subscription price year only so Spec
linen copies sent free to address, application to
the Peabody Medical Institute.
ALBERT IL. HAYES, NJ. D., Resident and Consulting
Physician.
n. B. Dr. H. may be consulted in strctest confidence
on all diseases requiring skill secresy and experience.
lNNIoLABLE SECREST AND CERTAIN RELIEF.
SDlVit
The Republican journal. [volume] (Belfast, Me.) 1829-current, 1869-01-21
DESPAIR NOT. YOU ARE NOT YET
NOTABLE RELIEF Is -AT EI.aNap

I listen TO THE VOICE OF EXPERIENCE. ONE
IL WORD TO THE DYING should arrest the attention
| wake the alarm OF Young Men in our community,
where many sinking under that long array of evils
that arise that dreadful scourge solitary vice. and
other indscretion and youthful indulgences. Listen
Young Men, it is late. and suffering in enervated
youth premature odage arising from that secret habit
which undermnes the bodily health and the mental pow
Remember and seek the physician DIR. FRED
ERlCk MORRILL,, of No. is Howard Street, Boston.
Do not procrastnate but go eary,-go when unerIng
symptoms tell you your condition, when you sensible
OF Weakness in the Back and Limbs Loss and Prostra-
ton OF the Animal Functions and Muscular Power De-
rangenen OF the Digestive Organs Dyspepc Ailments,
General Debility, and the common symptoms of Lung
Diseases well the most terrible mental effects such
as Weakness OF Mind Alienation and Loss of Memory,
Restcaness in Sleep Confusion of Ideas Depression of
Spirits, Habitua Sadness and Dsquieude Longing for
Change, Evil Foreboding Avoidance Of Society and Love
OF Solitude ana retirement llmldlty Mental Uneasl-
ness Headache, and degree OF Insanity almost termn-
atng in absolute madness. Go, young man. when nature
thus bends beneath the abuse heaped upon her and let
no false delcacy deter you from the wise Go to
Dr. Morrill, and he viii give you restored health Mheu
the body overthrown and the mind wrecked he can
and has cured nnumerabc cases of Nocturnal Emission
and other terrible infections this fruitful
| disease
In eases, too, of Gonorrhua, Syphilis, Venereal Com
plants and others of similar nature have fears OF
the voice OF experience, and he has cured
than any other living has admins ercd to
every form OF Private Disease and his remedies
| and Il radical cure is always effected.
The Doctors Female Monthly Drops the only sure
cure for all Suppressons and Irregularities that
edged to be the best in the world tor removing obsruc
tions and producing regularity in all Female
regularity Suppressons &C., &c. Whether original ing
from cold any other causes They remarkably mild
safe and sure and the most convincing proofs Of their
virtues the benefits which have been realized by
afflicted in their The Drops be obtained my
office, No. As Howard Street. Boston, with directions for
use All letters attended to, and medicines directions
&C. forwarded immediaell. 1y45sp
The Republican journal. [volume] (Belfast, Me.) 1829-current, 1869-01-21
SHIP NEWS.
PORT OF BELFAST.

ARRIVED.
jan l4th. Schr Gen Meade, Cunningham, Boston.
18th. Schrs james Jewett, Banks, Portland Vic
tory, Shue, Boston.
SAILED.
Jan: 18th. Schrs Loochoo, Darby, Boston; George
Washington, McGee Bucksport.
10Th. Schr Oak Grove, Coombs, Boston.
DISASTERS
Bark Cosarclli, from Turks Island for Boston is re-
ported total loss. She disabled in hurricane Dec
l3. and abandoned soon after in sinking condition
Crew taken off and landed at St. Thomas. The G was
1893 tons, built at Prospect, Me- in 1850, and owned most
ly at York, Me.
Ship Kingston, at San Francisco 2sth ut. from Bombay
reports September &c, Capt Charles Emerson, ster
native of Buckspor Me- aged 80 years, died after long
illness, and was buried at sea.
Brig X. S. Hasse from Pensacola with lumber al
Havana 9TH inst in going up the channel was suddenly
backed by the shifting Of the wind and had anchor
and as the water shallow she struck and smashed
She was waterogged, and would be discharged wler,
she laid.
The Republican journal. [volume] (Belfast, Me.) 1829-current, 1869-01-21
Local Items, &c.


jon flaNIlN'' van goo OlHN0' '"iN" HAS
been for some weeks suspended IN IT opera
-..rs fin want of a workman is now again in
,.,,,ntny order. Those who desire work neatly
...,lt,+,,,sI,, .I,-,. ara tr,i.ad IA give rs a
.-.a,rd
tAt' H'rI9 "NSOi'4'''"' i'N'
M mammoth poster GoI our III S4lo1u Ho'i0c'
t.7t.x med Is ,,Ii running across f-ld, Slip
.,ltu sfrikfDg on his head In-ensibility and par
..-.. r..ll,ed d. Muuroe was called under whose
t..ai,r ls b}s Dlrti4i3v recovered.
.. =; wall from, which hoys
,'' ..,.,,t1,. rs,ooyad +be cover
"" '' ,, AIMED e. covering across the
" 80 .,,,ir "a sli5e ONE ot
- am i No ,roe cot ont vor, wet
.....,.... ,.....,... ,,..,,
,,1,,.as =, i,,,,ortant fronter most.
- -, r,,,o nfn,.nr.or ot mis- citr is
t-lTIe ,r tym5 81" tAeH 9'och o. "lN'ei Wv "
-rpr u5y. u'nmer'- he-t eieu io@@ q ~ !" 'i''NS
h.At q ua~ AirA are daiiy passing 'hFoug" 'iie
-e.e.s.
I.yb.ae, ua. Light company has declared dividend
-NIH CONT. tyr i" t'AT' inns Is aolhs better 'lAh
H. otil company ia NC" hnsl"iu ''i'' mas "oiAs ii'
ra4r. phe EJqkand ea' works are ho' III operatlon
1 -on othcrIlaee~ fFe locating t'e matter Oh closins
Wsis works MI Fierce fAe superintendent Is entitled
The Republican journal. [volume] (Belfast, Me.) 1829-current, 1869-01-21
FOR, SALE.

\ FARM situated in Northport, one mile from Sat
IA urday Cove, the Beech Hill road, containing
Waldo County, cuts about twenty tons of hay; has a
good House and u finished throughout with Barn and
Sheds Carriage House, Workshop and Blacksmith Shop
well fenced plenty OF never-fang and plenty Of
wood for the of the place. Will be sold
BILE terms with stock and farming TOOLS If desired An
ply, on premises to DAVID DRINKWATER
Northport, Jan. IS, 1869. %
The Republican journal. [volume] (Belfast, Me.) 1829-current, 1869-01-21

10 the Hon. tie Justices OF oar Supreme Judicial
Court, n0lr IN session at Belfast 1rittin and for
the County Of Waldo
CAROLINE II. HUNT OF Islesboro', in the County
OF aldo, respectfully Hbels and gives this Honorable
Court to be informed that she lawfully married
JOHN W, HUNT now Of San Francisco in the State of
in the County of Knox, by Hiram Bass Esq. Justice
OF the Peace that she has had said husband three
spectvey ten six and two years. that since said inter
marriage your Libellant has always conducted herself
tomato wife, but the said john wholly regardless of his
marriage covenant and duty, has divers times during
great cruelty abuse that during large portion Of
that time he has been absent in the State of California
Llbelant with constant cruelty and often with extreme
personal violence, that her life been endangered
and she has become afraid to live with him. and Ii
beant further AYERS that by constant and ottrepeated
attempts and threats to take the children from her he
has rendered her lite miserable unhappy and full of
ety and terror that on the 18th day OF October 1906
the SAID John went to California for the last time since
which, although possessed of abundant means he has
provided her with very insufficient support while he has
continued and still continues deprive her
OF the comfort and solace Of her children.
Aud your Libellant further AYERS that the eth day
OF January inst the said John caused her be posted
the public press, to wit i'll the Republican Journal,
newspaper printed at Belfast in the County of Waldo
in the following false, malicious and scandaous terms
to wit: Notce-As Cal oline H. Hunt my wife has re-
fused to California to live with me where have
provided home Tor her and her children, and as she
once before refused to live with me, and had to
my children with an officer and then She begged to
come back and received her, and she refuses
forbid all persons harborng trusting her my ac-
count after this date Lncolnvie, Jan. 3 1860. Signed
John w. Hunt
Whereby your said Lbeant's good name and charac-
ter have been brought into reproach and contumey and
she has been wckcdy disgraced before the community
by her said husband and thrown upon her exertons
to procure bread for her subsistence and that of her
children.
And Your Lbelnt that the aforesaid conduct of
her husband has not been provoked by her. that she
has used her utmost efforts to promote the harmony and
necessary for the welfare said family but
without avail; and she further that the long con
tnued reatment and abuse aforesaid have last de-
Stroyed all her love and affection for her said husband
and all hope OF conugal felicity with him. and she
ther AYERS that decree from the bonds of matrmony
be reasonable and proper conducive with the peace and
morality OF society.
Wherefore She ays that such div may be granted
and that the and custody of her said children dur
M their minority may be decreed to her. And
ty bound Will ever pray. CAROLINE III. HUNT