davidaulloa/AmericanStories huggingface dataset:
The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1872-03-13
Supreme Court.
THE KING rs. NAWAHLHE.


ALLEN, CD,
The defendant was charged with the offence Of
a common nuisance in that he used obscene and
foul language of the highway, on a certain Sun
day, to girl in the presence and hearing of an
other girl, and of married woman. On this
charge he was tried, and convicted by jury.
The defendants counsel moved in arrest of
judgment on the ground that the act charged is
not properly brought, under the statute against
common nusances but should have been brought
under Oh. l3, Sect Is, of the Penal Code, con-
corning lewd conversation and conduct.
The Court overruled the motion, to which
defendants counsel has taken exceptions. The
Statute against which the complaint is made de-
clares that the offence of a common nuisance is
doing, causing or promoting a public outrage
against common decency, or common morality, or
tending plainly and directly to the corruption of
the morals of the people.
1t further declares that open leWdness or las
civious behavior, or indecent exposure, is COM
mon nuisance.
1t further declares, that it is question of fact
to be determined by the jury, whether the act or
thing complained of is really SO hurtful or preju-
dical to others, as to render it common nuisance
The Act which the counsel for defendant con-
tends that the defendant has violated, if any,
contains this provision, viz:
"Any man or woman who is guilty Of lewd
lascivious conduct, or Iibidinous
The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1872-03-13
supreme Court, January Term.
A. 1872.
fendant.

WONG SING AKANA, administrator, ,rih
Wiz aaHered, Of Wong HOm ZIP, deceased
rs. Chung Hoon
BEFORE W1DENANN, J.:
Contract to recover s4816.7l, money had and
received as per account stated, on the 29th Of
April, 1870, with interest from that date.
Ans,0sr Of general denial and findings Of The
Court:
The defendant admits that he owes the plain
tiff S24OO.2O leaving S24l65l as the amount in
controversy.
The evidence does not satisfy me that the ac-
count stated was understood or agreed to by the
defendant. On the contrary, there ore reasons
which convince me that he did not regard this as
full or final statement of mutual debit and credit
1t is in evidence for the plaintiff that the defend
ant, on the 18th of May, 1870, admitted this ac-
sOunt and promised to pay it; but the same wit
ness also testified that the defendant does not
talk good English.
This evidence must rest on miSundeTStand-
ing, as it cannot be supposed that the defendant
meant to surrender his right to the commission,
not charged in this account, for the collection of
the several amounts and the fact that he now in
his account states that further credit OF S2305S
to the Estate of Wong Hoan ZIP, goes to sup
port this proposition.
1t therefore becomes necessary to consider the
other evidence in the case The defendant, in
his account, charges the Estate of W. H. Zip the
several sums of 500, 1920 and Sl7.4S amount
ing to S4l.68, which are admitted by the plaintiff,
and furthermore, the sum of S2l8l.3O, paid to
w. Fl. Zip from March 14th to April 1lth 1864,
by defendants agents in Hongkong, which the
plaintiff refuses to allow on the ground that it
it was paid on a different account than this.
The evidence shows clearly that w. II. Zip
did, on the -th day of January, 1864, receive and
have from Mr.. Young Sheong, at that time part
ner and bookkeeper of the defendant draft for
this amount on Messrs Yee, WO & Co. of Hong
kong, and shows also that this draft was duly hon
ored and paid by the said Yee, Woo & Co. on
that date, to W. H. Yip in person, as it would
appear.
Mr.. Young Sheong states in evidence, that he
behehes thlo uIulJ was gwen W w II. ZIP lOT
money deposited by him with Chung Hoon. but
is not positive about it as it is so long ago. No
entry on the books of any such deposit is shown;
but payment is shown to W. H. Yip January
9th, 1864 cash $50" and also "cash SIS, money
deposited By W. H. Pip" from these same books.
1t is not clear to my mind from this evidence,
that the amount of s2lSO.3O, paid on the draft,
was paid to W. H. Yip on any other account
than this present. and the onus to show this
should rest with the plaintiff.
1 find, therefore, that the plaintiff is indebted
to the defendant in the sum of S24O02O with in |
terest, from the 29th day of April, 1870, amount
ing to S38l.3l, for which sums the plaintiff may
take judgment
II. A. WIDEMANN, Justice.
R. H. Stanley for plaintiff, F. H. Harris for
Honolulu, Fl. L, Feb. Sd, 1872.
The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1872-03-13
Supreme Court in BancO--January
Term, A. ID. 1872.
JOHN SHAW rs. CHARLES KOHALA,
administrator Of the Estate Of G. ". Nohoua,
deceased iHfesfdfe
DECISION on BILL OF EXCEPTIONS.

uttSuScu NttSttucs
DECISION on BILL OF EXCEPTIONS.
1t is considered by the Court here: First
That the Act of June 23d, 1868, limiting the
time within which to bring suits against admins
traitors, does not apply to administrators appoint
ed previously to the enactment of that act Sec
ond-That the Statutes of Limitations are inter-
rupted by the death of the ntestate until the ap-
pointment of an administrator. ThHd-That
the presentment Of claim to the Probate Court
after its rejectment by the administrator, is not
the commencement OF suit which interrupts the
Statute of Limitations. Fo,Tth-That the Stat
ute of Limitations in this case was not required
to be specially pleaded.
The exceptions are accordingly sustained on
the first and second grounds above named, and
overruled on the third and fourth grounds The
judgment of the Court below is vacated, and judg-
ment is ordered for the plaintiff for the amount
of the note and interest to be computed by
the Clerk, and for twenty-five dollars for fu-
neral expenses of the intestate, bnt not for the
funeral expenses of his widow.
ELISHA H. ALLEN Chief Justice
ALFRED S. HARTwELL, IT,.
H. A. WIDENANN, '"'''''S
W. G. Jones for plaintiff A. F. Judd for de-
fendant
The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1872-03-13

The WHALE FIsHERIEs-The marine registry
of the Treasury Department shows that prior TO
the late disaster to the Arctic Fleet, tie number
of vessels owned in the United States and englg-
ed in the whaling business was 249. In 1870
there were 299, and in 1869. S2s ships entered
for this trade. The rapid diminution Of this in
portant branch of the merchant marine, as shown
by these figures, is not attributable to the Inju-
rious workings Of the navigation laws which have
done SO much towards legisla.iDg American ship
ping out Of existence, for the vessels employed in
the whaling business are almost exclusively such
as have become unserviceable for general freight
traffic, but to the introduction Of coal oil. The
almost inexhaustabIe supply developed in tho
Pennsylvania oil-districts has for several years
had the effect to reduce the consumption Of
whale oil, which can only be supplied at from two
to three hundred per cent. higher rates. There
are but few uses to which whale oil has been ap-
piled, in which it has not to greater or less ex-
tent been supplanted by petroleum in some form,
and while the export Of whale oils has for the
past ten years been steadily diminishing that Of
coal oils, owing to their cheapness, has increased
in greater ratio. For the year 1870 the value Of
coal oils exported amounted to s3l oil 2l5 as
shown by Custom House tables, exceeding the
total gold coin and bullion net export BY nearly
seven and half millions, and the export Of pork.
lard, hams and bacon by eleven millions. On tho
list for 1870, the petroleum export stood third n
value, being exceeded only in cotton and bread
stuGs. The extraordinary dimensions assumed
by the traffic in petroleum has led some econO-
msts to predict that it would, at an early day. 50
far supplant the whale oils in the markets as 10
bring about an abandonment Of the Ehale-fsher-
les. But there are certain departments Of trade
and industry in which coal oils cannot be applied
to the same purposes as the FISH oils are and with
out which they must cease. Il is obvious. there
fore, that the fisheries will continue to afford a
large field for profitable enterprise, though il may
be doubtful whether they offer such inducements
as will cause the places Of the Oneseyenth Of the
entire feet, destroyed by the late calamity TO DO
filed with other vessels. There is every reason
to believe that the remaining ZIG whaling vessels
owned in the United States, will find most profit
able emplOyment.-S. +. BULLETIN.
The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1872-03-13

A CURE FOR ASTHMA D. Baker, formerly
editor of the Sandy Hill New York; Herald,
publishes a statement that he was permanently
cured of the asthma Of many years standing, by
the use Of equal parts Of pulverzed saltpsire and
sugar, burned 10 bis room.
The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1872-03-13

HIsroRV OF THE ENGLISH PRzss.-Mr Grants
History of the Newspaper Press" announced
some months ago in England, is now completed
and viii be published Immediately in Loadou- It
consists of two large octave volumes, and traSes
the history Of journalism in England from its
commencement down to the present time.
The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1872-03-13

CoNPLMESTARY.-A young lady with a very
pretty foot but rather large ankle, went into
shoe store the other day to be measured Tho
admiring clerk. who was Of Gallo extraction,
complimented her in the following manner: aYou
have one beautiful foot, Madame, but ze legs com
mence too Immediately"
The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1872-03-13

A PROMINENT erOnaut. Mr.. Glashier, says that
the voice of woman is audible in balloon at
the height of about two miles, while that Of nan
has never reached higher than mile.
The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1872-03-13

A GERMAN claims to have discovered q new
kind OF printing ink, superior to any now in use,
the essential part Of Laieh discovery is, that By
a peculiar process the ink can be entirely remov-
ed from the surface Of the paper at cost OF bali
dollar for every hundred pounds Of printed pa
per, and the material is then ready for use again.
The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1872-03-13

IT often happens that they are the bes. people
whose characters are most injured by slander. as
we often find that to be the sweetest fruit which
the birds have pecked.
The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1872-03-13

A LARGE EsTATE.-Mr Dodsc, a London and
st. Petersburg capitalist, died recently and LEFT
s75,OOOOOO, the third largest property ever in an
English Probate Court to be divided. Mr.. Bras
sey, welLknown contractor, receives s5O,OOO.OOO
of it, and Mr. Morrison, who has long consider
ed himself little more than pauper, receives
500 OOOOOO
The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1872-03-13
Insurance Notice.

VNHE AGENT FOR THE BRITISH For
II egn Marine Insurance Company, (Limited) has re-
ceived instructions reduce the OF Insurance
between Honolulu and Ports the Pacific and now pre-
pared to issue Policies the Lot5ea RGt with special
reduction on Freight per Steamers.
THE0. II. DAVIS
4S-ly7 AgeEt Brit For. MdF Ins. %. (LimifedD
The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1872-03-13
MA% NOTICE.

GSSA-ASAS THE UNDERSIGNED RETURNS
thanks to all patrons for past favors soliciting further
demands.
Any unpaid quarterly accounts to the Slst Decem-
ber 1871, desiring to have settled without any fur
ther efforts to jog parties memories, it is perfect
bore to DUN, and objects to it.
His prices have been reasonable and should be
paid. 1t is, he thinks, taking advantage of good
nature.
JOHN THOMAS WAREHOUSE.
NIB. If not paid soon, he will have to be at the
expense of printed slips not calculated upon
when his goods sold
JOHN THOMAS WAREHOUSE.
January 81, 1878
The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1872-03-13

EXPERT COUTERFEHEG.-A Copenhagen pa
per states that celebrated photO-lithographer
lately surprised the directors Of the National
Bank bp presenting them with package Of bank
notes made by himself, which 50 resemblsd the
current Paper-money Of the realm that none OF
the officials could distinguish the difference be-
tween them. He also assured them that be was
able to copy the notes Of any other country with
equal exactitude. This will offer q uew 6sld FOR
cOunteFfeiters should the process become known.
The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1872-03-13
MISCELLANEOUS.
SEE MY COLUMN!
Not THIS, but the Other One
Queer! Very Queer

Queer! Very Queer!
TN MY ADVERTISING COLUMN, my
i Anchors and Chains for sale are crowded out and
are amongst the Notions-(a British NotiOn). They
will be sold cheap, very cheap.
Funny! Very Funny!
In my Advertising Column, my Bird Traps, Bird
Houses and Breeding Cages, of which have a splen-
did assortment are crowded out They will be sold
cheap, very cheap.
Queer! Very Queer!
My Pills-Blair's, whelpton's and Cookies are
crowded out and are included in the Notions.
Iron Posts for Wire Fencing which will sell for
25 cents each, is much less than the material
costs here.
The Funniest of All!-Brussels Carpet which
have for sale, splendid article and guaranteed of
equal quality at 80 per cent less than the Carpet for
the New Hotel cost in San Francisco besides which,
freight, insurance and duty must be added to the San
Francisco cost. 1t would take mathematician to
calculate the loss incurred by not purchasing here.
Not Queer or Very Queer!
The Steamer Kilauea is decided success and ma
teriay assists to promote trade and develop the re-
sources of the Kingdom. (Grumblers notwithstand-
ingl
The New Hotel.
There has been difference of opinion in conse-
quence of 0pthama. l am morally certain it will be
decided in promoting the interests of these
fair islands, and a great benefit to them.
Lodging House Keepers need not quake seek
reduction in rent for they will have their share from
the extra number of visitors to the wonders of this
Kingdom.
This National Hotel, so much needed for the up
building of our Sunny Islands, WILL in conjunction
with other solid improvements made by our Govern
ment, mmortaze the reign of KAMEHAMEHA VTH.
Long may he live and reign.
JOHN THOMAS WATERHOUSE.
January 81, 1878
The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1872-03-13

CALIFORNIA CHEESE for sale by
" 4 BoLLES co.
The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1872-03-13

NEw YORK, February "a special Mexican dcs-
patch says the Juarists have hanged all the officers
including the leader Of the revolutionary gang CAD
tured at San Ferere, about thirty miles from Maia.
moras.
The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1872-03-13
c. w. GREY & CO.,
HAWAIIAN SOAP WORKS,

At Manufacturer and Dealers
In all kinds Of Soap. Beef, Mutton. and Goa.
TalloWWanted-
Once, 30 Fort Sect, where orders will be received
and promptly attended TO. Ts9-ly7
The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1872-03-13

Tn MY ADVERTISING COLUMN, my
i Anchors and Chains for sale are crowded out and
are amongst the Notions-ta British Noton). They
will be sold cheap, very cheap.
The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1872-03-13
Funny! Very Funny!

In my Advertising Column, my Bird Traps Bird
Houses and Breeding Cages, of which have a splen-
did assortment are crowded out. They will be sold
cheap yery cheap
The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1872-03-13
Oneert Very Queert
Nor Queer or Very Queer !

The Steamer Kiauea is decided success and ma
terially assists promote trade and develop the
sources of the Kingdom. tGrumblers nOtwithstand-
The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1872-03-13

JOHN THOMAS WAREHOUSE
January 81, 1873
The Wheeling daily register. [volume] (Wheeling, W. Va.) 1864-1878, 1872-04-24
PRUSSIA.

BERLIN, April 23.-United States
Minister Bancroft gave grand
supper tonight in honor OF his nephew,
Mr.. J. c. Bancroft Davis, the represent,
ative of the United States before the
Geneva Court. A large and brilliant
company was present, among the dis
tinguished guests being Prince
Bismarck and other noted diplomats.
The ultimatum OF the German Gov
ernment threatening the re-occupation
of French territory in view OF the
noncompliance with the demand for
a reduction Of the French army, has
been made official correspondence
between the two governments. Theirs
has submitted to Bismarck satis'ac-
tory explanation OF the alleged inten-
ton OF the French Government to in
crease and reorganize the army. In
view OF this, the German Premier has
ordered the ultimatum to be withdrawn.
The Princes Imperial OF Germany,
wife of Prince Frederick William, was
safely confined OF daughter yesterday.
Both are now progressing fairly. The
event caused much rejoicing in the
Imperial household.
The Wheeling daily register. [volume] (Wheeling, W. Va.) 1864-1878, 1872-04-24
CHICAGO.

CHICAGO, April 23.-The journal,
strong Republican, says: 1--WE have
taken special pains within the past ten
or twelve days to ascertain from influ,
ential and Trustworthy men in various
parts of Illinois the effect that the at
tempt of the Liberal soreheads to sur
render the Republican party OF this
State into the hands OF the Democracy
is having among the Republican masses
The result OF our Inquiries may be
summed up 10 sentence. The Repub'
lican party OF Illinois is stronger to-day
than il has been at any time in its
history, and with Grant for President,
Ool.sby for Governor and State ticket
OF rood and tree men, its majority will
be larger than it has been at any pre-
yious election.
Upper Mississippi river navigation is
now open to St. Paul. The ice in Lake
PENN succumbed Yesterday and boats
will in . day or two make regular trips
to St. Paul.
Mrs. Willard, a suffrage advocate Of
some note, lec,ured last night in Union
Park Congregational Church in oppo-
Alto, TO the free love doctrine OF Mrs.
Woodruff.
A meeting of Germans was held last
n;,bt and delegates elected to the Gin
cipnau Convention. The Germans are
eyipcing q good deal Of feeling against
Grant mainly because they connect the
new liquor law with the Republican
The Wheeling daily register. [volume] (Wheeling, W. Va.) 1864-1878, 1872-04-24
Executive Appointments

The following appointments have
been officially announced by His Ex
cellency, Governor Jacob, since our last
report:
Directors ofhe West Virginia Hsspita,
Of the Insane at Weston.-Dr. A. E.
Summers, OF Kanawha county; 6. W,
Franzheim, Ohio county; VIM. E.
Arnold and NJ. w. Harrison, Lewis
county; A. NJ. Wood, Hardy county
+. C. Green, Jefferson county; j. w.
Horner, Wood county; B. II. Lnity
Harrison county, and Daniel Douehoo
Hancock county.
Rsgentsof West Virginia Univer,iy-
James Morrow, Jr. OF Marion, for the
Second Senatorial District, vice F. H
Pierpoint, term expired, and Dr. Isaiah
Bee, Of Mercer, for the Eighth Senate
rial District, vice Col. John S. Wilkin'
son. term expired.
Commissioners Of Deedf-In State o.
New York, with residence in New York
city, Walter B. Wines aud Charles J
Bushnell In Minnesota, with residence
in Minneapolis, Charles McReeve.
.Notaries Pubic-Wm. J. Matthews
Ohio county; VIM. Fl. Hall, Wayne
county; David L. Snodgrass, Marion
county; C. C. Cole. Wood county, and
Omer B. Johnson, Monongalia county
-C0lIrtsr.
The Wheeling daily register. [volume] (Wheeling, W. Va.) 1864-1878, 1872-04-24
CONGRESSIONAL.
WASHINGTON, April %.
SENATE.

Mr.. Spencer asked unanimous con-
sent to reply to some of Mr.. Trumbulrs 8
remarks, made recently in Cooper ln'
stitute, but Mr.. Hamlin objected.
On motion Of Mr.. Boreman. the bill
to pay Joseph Segar, Of Virginia,
$50 for his property near Fortress
Monroe used by the Government Of the
United States during the war, was
passed.
The deficiency bill was then taken
up and Mr. Baysrd continued his re-
marks against the pending amendment,
limiting the jurisdiction Of the Court OF
Claims in suits for value of captured or
abandoned property to cases com
menced within two years after the sup
preston Of the rebellion and in which
the claimants prove that they have
always been loyal.
At the expiration OF the morning hour
the North Carolina election case came
up as unfinished business
Mr.. Carpenter again made a legal
argument in reply to NJ. Thur
man, in favor Of admitting Mr.. Abbott
to the seat in the Senate.
The question was taken on the
minority report, admitting Mr.. Abbott
and it was rejected. The resolution
reported by the majority Of the com
mittee, declaring Mr.. Abbott not en-
titled to his seat, was then adopted.
The deficiency appropriation bill was
again proceeded with, and Mr. Bayard
concluded his remarks in opposition to
Mr.. Morrill's amendment
Mr.. Thurman also opposed the
amendment.
Mr.. Morton advocated it as necessary
to save the Treasury from being the
spoil Of rebels If they were not kept
ont OF the Court OF Claims the next
thing there would be amendments for
for the payment of the rebel debt and
payment for emanc pated slaves. He
charged the Democrats with the design
to overthrow the constitutional amend
ments if they got into power.
Mr.. Edmunds attacked the Cincinnati
Convention and said its projectors would
be assisted by the Democratic party,
through whom only could its nominees
obtain any material assistance, to repeal
the all.wise and beniicent legislation Of
the past five years.
Mr. Thurman declined to state his
position in reference to the Cincinnati
movement, although pressed to do SO
by Mr.. Edmunds. He said he had not
been one of those who thought the
Cincinnati Convention would amount 70
much, but from the alarm displayed by
Messrs. Morton and Edmunds he
thought he must have been mistaken
in his opinion.
Pending discussion, the Senate at 6
P. NJ adjourned.