davidaulloa/AmericanStories huggingface dataset:
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1856-1888, 1878-09-21
Harris, c. j.; JrDD AND McCrLrr, J.J.


Question Reserved. Opinion By Harris, c. J.
THIS action is apparently brought under the
oZd chapter OF the Session Laws Of 1874, being
- An Act 70 Quiet Title in Lands, claimed By
right Of Inheritance" 1t is true that no refer
ence TO the statute is made in the petition, but
still the tact that the petition is made to the First
Associate Justice instead Of the Chief Justice,
and indeed, the whole structure of the petition,
indicates that It was made under that statute,
and 1t was 50 argued at the bar. The fourth
subdivision OF the fret section of the statute re-
quIres that there should be set forth in the petit
ton, whether widow, children or statutory heirs,
survived the deceased ancestor. Now this petit
ton does not set forth those facts, but merely
sets forth that the petitioners are the lawful
heirs of Paloma, being his sisters and brother.
10 that extent they are certainly statutable heirs,
provided there are none nearer. The petition
does not set forth that Sheldon, who is cited.
claims as heir, bat merely that he is in posses
sion and does not state how he came into posses
sion, whether by deed or otherwise.
Service was made upon the respondent Shell
don, who has seen ft to put in an answer admit
ting that he Is In possession, but aYerring in eff
feet that he Claims the land adversely to these
claimants, and by title paramount, and not by
lnhTitance from John Paloma. This is a com
plete answer and sufficient to take the case out of
the statute.
This then is not a petition to : Quiet a Title, -
but is a proceeding to obtain possession of a piece
OF Iand claimed adversely by Sheldon, or in other
words, a proceeding to eject Sheldon, who, it is
not made to appear, claims as heir, or has any
community of interest with the petitioners. Now
In the 7th Article of the Constitution it is stated
that, L" In all cases in which the right of trial by
jury had been heretofore used, it shall be held
for ever, excepting in actions of debt
or assumpsit, in which the amount claimed is
than ($50) fifty dollars"
Now IN actions OF this nature, (ejectment) be-
fore the PRONUNCIATION of the Constitution (2Oth
August, 1884, the right of trial by jury had
been used for a long space of time, and therefore
may not be denied by any subsequent legislation.
Hence it follows that the defendant has a right
to a trial by jury, and the petition must be
CHAs. C.. HARRIS,
A. FRANCIS JUDD,
LAWRENCE MCCULLY.
w. q. Jones for plaintiffs E.. Preston for
Honolulu, Aug. 22d, 1878.
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1856-1888, 1878-09-21

ough cruise through Polynesia. and finally arriving
az the sandwich Islands. where be settled and
Pfespered' and Is now ono Of the wealthiest men
on the group. HIS ambition 70 unite all the
P0lyuesian Islands into one eonfeicr,cv. Win a
central government, has cost him immense labor
and large sums Of money. Hc loves the sand
wieh Islanders as children and has unbounded
influence with them. As editor OF the Nuh0u
ne defeated the scheme 70 rob the United States
by the purchase OF Pearl River Harbor. Mr..
Gibson IS sill in the prime Of life aud i a wild
over. After 4 trip eastward and s5uthward
he returns again to his Paradise in the Pacific.
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1856-1888, 1878-09-21
SUPREME COURT OF THE HAWAIIAN
ISLANDS-July Term, 1878.

KUAwELA, VS.. E. HnDA, j. BURGESS, EFT. AL.
HARRIS, CD, JUDD AMI McCULLY, il.
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1856-1888, 1878-09-21
TUI tht ~au Franrl8co ChTorIcie. AZ
KALAKAUA'S REALM.

INTERVIEW WITH 4 LEADING MzxEEE or ruE
LEGELATCgE-THE Effect or RECIPROCITY
PROSPERITY OF THE ARCHIPELaCo-TaE LErEx
AND CHINESE QUEsTIoNs-NATTvE POPULATION
INCREASING.
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1856-1888, 1878-09-21
II
SATURDAY Y. SEPTEMBER 81.
SUPREME COURT OF THE HAWAIIAN
ISLANDS-July Term, 1873.

Is THE NATTER OF THE PETITION or LOUIS PALoxA,
AND OTHERS, TO QUIET TITLE IN i CERTAIN
PIECE or LAND LAME BY RIGHT OF ESHEKI-
lance.
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1856-1888, 1878-09-21

The Oregonian. reviewing the Indian war. saws
General Howard has no fear of the criticism which
his campaign has encountered. 1t is based, be
believes, on the assumption that some locality.
town or post was to be guarded by the troops.
whereas the main and constant effort with the
troops and means at hand was to Overtake and
fight the enemy defeat his efforts at junction with
waiting allies and kill or capture, or drive
beyond our limits these numbering hostiles. This
he declares has been done.
The Indians. in their raid in Umatilla county.
visited the ranch belonging to E. II. Vinson, on
Butter creek. Some of the deyiltry thew per-
petrated at this ranch seems to have a spice of
grim humor in it. One thing they did was to kill
all the hogs on the ranch and put a nice cheese
under the head of each dead hog.
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1856-1888, 1878-09-21
Opinion By Harris, c. j.

The bill of complaint in this case was filed on
the 18th March, 1873, setting forth an agreement
for the purchase and sale of a small piece of land
in Koolaupoko. This agreement is dated the
10th March, 1864, and the translation of it is as
follows:
There has been paid to me this day twenty
dollars by the hand of Kuawela. Eighty dollars
have been paid before in all one hundred dol
lars for our selling a certain portion of land in
Manulele, Kailua, Koolaupoko. Whensoeyer all
the place sold shall be surveyed off then l will
give him a deed.
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1856-1888, 1878-09-21

This ended the interview. But the public
VIII be interested in the life of the gentleman in
reviewed de Is an American "a South Caro-
linian) by birth, and has had a most roran,ic
career. Educated for the Catholic priesthood.
a love affair clouded the ecclesiastical skies
when he became a rover on the seas, and with
his own yacht and crew sailed for the Malayan
Archipelago, where he was arrested and i'm
prlsoned BY the Dutch authorities. charged with
trying TO suovert their power. He has written
an interesting story of his prison life and the
facts connected Herewith. Honorably acquitted.
he again roved over the great deep. making a thor,
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1856-1888, 1878-09-21
CHAS. c. HARRIS,
A. FRANCIS JUDD.


Castle & Hatch for plaintiff; a. S. Hartwell
for defendants.
Honolulu, Aug. 18th, 1873.
Brenham weekly banner. [volume] (Brenham, Tex.) 1877-1907, 1878-04-26

Indians supposed to be Com
anches are ron a stupendous
raid. AT Stsfien's rancho 60
miles north Of. Laredo, two
herdcrs were killed. Near DR..
Spolin's two herders were also.
killed, one Of them with an ar
row. Frank Graves, of San Diego,
with a party Of sixteen Amefi-
cans and twenty Mexicans, at
tackled the band at Fule's
rancho, south Of Laredo. The
Mexiczns refused to fight when
they reached the Indians The
attack was made by the Amer
leans Two white boys have
bccen captured and carried off
BY the Indians. Nine men in
all, have been killed, and 400
head Of horses ran off. No \,
doubti IS entertained at ,aHny
headquarters IN San Antonio,
that theAanti- Diaz party in Mex
So
leo have instigated these raids
for fhe purpose Of .eomplicating
matters with'thc United States.
Brenham weekly banner. [volume] (Brenham, Tex.) 1877-1907, 1878-04-26
AMONGST n JURY.

"a Justice has been melted out
to three murderers, at least so
far as the verdict of a jury can
do so. The San Antonio Her
aid says, for twelve men to bring
IN a verdict that consigns three
fellow men to the gallows, re-
quires more moral heroism than
to take city. The jury that
rendered the verdict in the Bra
'zell case was composed of men
Of moro than Roman virtue.
Juries are rarely composed of
men stern enough to vindicate
the law when the death penalty
is demanded.
The trouble throughout the
State has been that Jurors, as a
general thing, have either been
too tender-hearted or, through
sentirnentality, have failed to
bring in verdicts of murder in
the first degree and fix the pen
atty at death. The man who
commits a wilful. murder is not
entitled to any sympathy at the
hands of a jury. A few judicial
hangings would do more than
anything else to stop the reck-
less killing that has not only dis
graded Texas, but many other
States. The trouble heretofore
has been to set jury that, even
if all were strictly honest, had
the moral courage to bring in a
verdict and assess the punish
nent at death. We say with
the Rfrakl. all honor to the San
Antonio jury that dared to do
its whole duty. There is no diff
hculty whatever in sending
horse and eeg thieves TO the
penitentiary for terms of ten
years, but when it comes to i
case. the more frequent
verdict is guilty of one of the
degrees of nanslaugh er and a
of from two TO five
wars in the pcnitcn'iary
Brenham weekly banner. [volume] (Brenham, Tex.) 1877-1907, 1878-04-26

of.

+ Il ~ a. =.
The negroes OF Charleston,
Sc. have been in a high state
of excitement over the expect
ed sailing OF the bark .Azor
with the first ship load of emil
grants sent to Africa by the
Liberian Exodus Association.
There was a great disposition
on the part. of the negroes to
go. The custom house officers
experispced some difficulty ia
preventing an overload of pas
sengers. At LIST. on the zlst
instr The Azor was towcd out
oftRe harhdr and set sail. She
carries $50 passengers. about
one.hfth Of whom are young
children. The crew, asiwell as
the ihq passengers are negroes;
the only lear wlli,e men aboard
being The captain and his two
mates and correspondent of
The Mrrs and GrRufr, who
- . .
gocs to chronicle the adventures
Of the colony a
Brenham weekly banner. [volume] (Brenham, Tex.) 1877-1907, 1878-04-26

a-
On the fourth OF February
last. the Island City Savings
Bank, of GALVESTON, was, in the
language eftl,e Galveston Meas,
deprived Of $1,000. The
deprivation was brought about
in this way: The cashier was
called off 70 attend court, leav-
ing the book-keeper and per-
haps other employees Of til e
banksin charge No one ex-
ceps;oneof the patrons Of the
bank visited: it during the abb.
sencc offhc cashier, who upon
his return missed the money.
Suspicion rested upon the pat
ron ofthe bank. who shortly af-
forwards left. for New Orleans.
The bank employed a detective
to shadow : him, but nothing
was sdiscoxered on which to
base am arrest. The suspected
party returned to Galveston AID
in an interview with the bank
officials professionals innocence.
Taken ali together it is a very
neat case. The bank viii have
to suffer its Ia deprivation in
silence The Meas is entitled
to great credit from the public,
for having invented 50 unique a
term as deprived. !" 1t does not
crate SO harshly on polite ears
as robbed. The expression is
very neat, and hereafter when
an express train is stopped, We
shall hear Of no more robberies.
The express and United States
mails VIII simply be deprived of !
so many dollars.
Brenham weekly banner. [volume] (Brenham, Tex.) 1877-1907, 1878-04-26
TIE a..o.&s.F.R.R.

The Galveston Journal of
Commerce says that the sum
total pledged the Santa Fe rail-.
road at the recent meetings
along the proposed line is ST.
Ie5,ooo. The. company asks
flor $1,000 per mile, which for
the $50 miles from Arcola to Bel
ton, amounts to $4,000. Rep
resentatives of the road are now
! at work securing subscriptions
in fact, which promises to reach
in amount nearer the million
pledged at the meetings, than
to lag at the half million asked
for.
So soon as the subscriptions
are actually made. the bonds
of the company will be hypoth-
coated in New York and the
work of construction commenc-
ed. In addition to Messrs.
Cannon and Hurley, who are
now successfully, working in
Bell county, the company has
put Mr.. J. F. Elliott, of Calves.
ton, in the field, who left that
city. on Thursday last. The
writer of this knows Mr.. Elliott,
to be- thoroughly practical bus
mess man of large experience
and liberal views. He will no
doubt be of great service to the
company.
The citizens Of Brennan and
this county will be called upon
By the committee appointed at
the meeting held here on the
sd inst, perhaps, accompanied
by an accredited agent Of the
road. They will be fully pre-
pared TO answer any inquiries
and explain fully the purposes
of the road and the benefits
that will accrue to our people
by its construction.
g In conversation with some
ofthe gentlemen comprising the !
railroad party that was here, it /
was learned that there is a
strong probability of the ma
chine shops being located at
Brenham, as, on account of
the salt water atmosphere at |
Galveston rusting iron; the
shops cannot be satisfactorily
opeeratd at..that point. Should
the shops be located here, they
will add largely to our popula-- !
ton, and at the same time,
make a considerably increased
demand for garden truck and
country produce generally, to |
say nothing tor the increased
demand for goods from mer-
chants and also for dwelling
houses. 1t will also create an
inquiry for real estate, and in
many other ways. add to the
prosperity of our town and the
surrounding country.
: When the citizens are called
upon We have no doubt but
hat Washington county and
me city of BRENNAN will resi-
pond with that characteristic
iberality for which they have
ong been noted, -
Brenham weekly banner. [volume] (Brenham, Tex.) 1877-1907, 1878-04-26
THtHeuipstead es1,1e, calls

TIE Hampstead eea,1ey calls
attention to a very much need
cd reformation in the admins
trationaof the criminal. code.
There isl provision for the
payment of fecscr expenses OF
officers or Witnesses. unless the
final results in conviction. No
provision is made for the eN-=
penscs OF sheriff; or other Off
gers who may be compelled to
trsgeElong distances in the pur-
suit offugitiyes. They have to
pay their own expenses and
await the result of the trial. be-
fere tlaev can be reimbursed.
Brenham weekly banner. [volume] (Brenham, Tex.) 1877-1907, 1878-04-26

THE delinquent tax list APP
pears in this issue for the last
time. Next week we will be
able.tp.giye our readcrsthe US
lal amount ofreading matter. )
Brenham weekly banner. [volume] (Brenham, Tex.) 1877-1907, 1878-04-26

: = =! )! :! E! g:
to say if sesS ,hsrman will
just settle 1.-THE will forever keep
quiet about the Louisiana Re-
turning Board.
= GossIPPERs in New York have
succeeded in getting a rumor
ahoat that Mrs. A. T. Stewart,
now aged Is years, is about to
marry again. The proposed
groom is an Episcopal minister
aged about IS. =
A PARIS pecial to the New
York Herald says a movement
is on foot by which it is through
the Roman Catholic church will
acquire 100000 seceders from
the church of English. The
story is very hshy.
They have a way OF their
own Of doing things in Ulster.
county, in York State. A man
who wanted good wife. con-
cluded to take one on trial for.
a week. The conditions were.
If she suited he was to marry
her, otherwise he wouldn't
| She suited.
Coz. w. SALISBURY, of the.
+ Columbus. Ga, Enquirer Suu,
was shot in the back while en-
.tering the cars at Scale, Ala;
by DR.. R. M. Palmer. The
doctor had sued Salisbury for
$4,000 damages to character
and received verdict for one
cent
Mr.. VOORHEES,, of Indiana,
has submitted an amendment
to senate substitute for house
bill repeating resumption, and
providing that United States
notes shall be received at par
upon passage of the act. also
making legal tender notes inde-
structable.
SOME men are notorious for
their extravaganza. Tue Cir
sen notes the fact that the
county attorney of Colorado
county is caverting around Co.
orado in new suit of clothes
costing 81. He is as proud as
a mule with its ears spliced to
twice their natural length.
GEN. JoHN Mcneil, of Mis-
sour, after a sharp contest in
the senate has confirmed to be
Indian Inspector. Gen. John |
Mcneil occupies a conspicuous
position on the roll of infamous |
characters during the late war.
1t is he who had sixteen inno-,t
cent men murdered at Palmyra, |
Missouri.
SOME weeks ago, in Virginia, |
a negro woman was brutally
lynched by hanging. At the
time it was supposed that she
had instigated negro boy. to
burn a barn. The boy has
lately been tried and proved to
be innocent of the charge as
was also the woman who was
hanged.
THE mild Theodore T. is now
lecturing in small Iowa towns.
He has refused to be interviews
ed, but has stated to an intimate
friend that Elizabeth's card"
surprises him as much as the
public. He is going to Europe,
but the story that Mrs. Tilton,
would accompany him is pure
fabrication.
SUIT has been instituted in.
the United States district court,
a Cincinnati, by Henrietta
Ward, a mulatto woman 90
years of age, against Zeb Ward,
formerly of Lexington, KY, for
having kidnapped and sold her
into slavery in 1853. She was
bought by Gerard Brandon.
Texas planter. $4,000 is all
she wants.
: In the house, on Tuesday,
the river and harbor bill was
discussed, occupying the whole
day and giving rise to one of
the noisiest and most tumu,tu-
ous scenes that the house has.
ever witnessed. The bill will
again come up under the susper-
sion of the rules The Sen
ate transacted no business Of
Brenham weekly banner. [volume] (Brenham, Tex.) 1877-1907, 1878-04-26

:: :! !: '' ! {. !:
opened 'M-jhly. Contractors
are now buying horses, :.
I JupsE TURNER convened dis
trict court at Austin on Tues
day morning and delivered an
able charge. to the jury,
OK Saturday last. the hands
ina silk factory at Paterson, N.
|. !. were paid in gold for the first
time in seventeen years. -
THE Iowa State Democratic
Convent On !, meets at. Cedar
Rapids, May aoshy 1873 to NOM
mate candidates fer State Off
GERS. !. =.
A TENNESSEE negro who stole
a coon skin has been sent to the
! penitentiary for two years.
Coon skins must be valuble over
in Tennessee.
II CONGRESS has been in session
four months and aside from the
| passage of the silver bill has
done nothing ofreal importance
to the country. p:
The Galveston Cisiiian is re-
sponsible for the statement that.
the next2station on the Santa
Fe',. railroad will be called
"Hell's Horns"
The Vicksburg Herald is
very candid paper. Replying
to a compliment it says, I'VE
have never been seriously ham
pered by modesty." -.
THE Huntsville Item is of the
opinion that if the whipping
post was effective a couple of
hundred years ago. it should be;
equally as effective now.
JERE BLACK has brought
suit against ex-secretary of war
Belknap. claiming $1,000 as fees
for defending the. ex-secretary
in the impeachment case.
Col Wash Jones' has CON
structed very light anti-con-.
vention-greenback kite and pro-
poses.to fly to congress on it.
He will hardly make the trip.
ACCORDING to the dispatches
the recent rain extended across.
the country from San Antonio |
to Memphis, Tenn. At the
later place e.S5 inches of rain
fell.
SENIOR ZAMANcoNA has re-
ceived his credentials as envoy |
extraordinry and minister pleni-
potent:ary at Washington. He
represents the Republic of
Mexico. =':E.-=
:: T.HENtarsliall Tn Weekly Her
ald'enters upon its fourth year,
under the most favorable aLspi-
ces. with its present able edito-
rial management it is. making
many friends. -s'-' 4~e
THE Ute Indians now locat-
ed in southern Colorado, are to
be removed by the government,
to the beautiful Indian territory
They don't want to go and trou-
bic iscxpected. a.;
THE St. Eohis' Texan, of the.1
24th inst, says, as near aswe
can ascertain from the railways,
1900 immigrants passed through
this city for Texas during the
present week
Hon. WIN. ORToN, president
of the Western Union Teie-
graph company. died in New
York on the 22d inst. He had
beenconnected with the compa-
ny since 1865.
CHASE the Fail River swim
dler has a kinsman named
Hathaway. who was partner
in his operations. Hathaway's
dcfalcation is about quarter of
a million dollars.
The Bellvillc Beacon man
says the temperance cause will
for while, as candi-
dates are becoming numerous
aud people have a penchaht for
taking sugar in .ther''n."
SAN AsroNIo's Beecheristie
clergyman has been tired, and
like the man whose example he >:
followed, has been found Inst
yuilta.' -. i:
Brenham weekly banner. [volume] (Brenham, Tex.) 1877-1907, 1878-04-26

The Bolton Journal has been
presented with the scalp of a
horned rabbit. The scalp has
eight well developed horns. at
tached to it, the longest Of
which is about two inches.
THE business portion of the
town of GAINESVILLE, Tennessee,
has been destroyed by fire.
Fifty seven houses were burned.
. The damage is estimated at
.6om 100000 to 100000
The Sedalia Democrat thus
three cases of suicide
ported by telegraph: Num-
g II morphine; No. 2, opium;
:! :! !! !: :: !"
900 claim govern
nent and magnS enough
to say if SesS ,herman will
The Canton advocate. [volume] (Canton, D.T. [S.D.]) 1877-1897, 1878-04-23

ion Minutes Of Wednesdays session
were read and approved. First exercise
consisted Of recitation on Primary Arith-
metic, conducted by Mrs. Ella Terwlllger :.
An exercise in Geography was conducted
by A. H. Kinsley taking the map of the U.
S., as his subject. The subject was then
brought up, "What Is required of every
teacher" Extracts were read on this sub
ject by Sec. taken from "rheory and Prac-
tice of teachers" Before discussing this
question, we had recess Of fifteen minutes
after which remarks were made by
Supt. and members on this question. An
exercise was then conducted by Mrs.
Straw in United States History taking the
period from 1910 to 1850. As che lad not
ine to finish this exercise The class was
The Canton advocate. [volume] (Canton, D.T. [S.D.]) 1877-1897, 1878-04-23

NOTICE.-U. s. LAND OFFICE, Sioux Falls
~ D. T.. April 10th, 1873.
Complaint having been entered at this Office by
Albertus W Snder against Willard Proctor, for aban
doning his Homestead Entry No. 1920. dated June
81, 1877, upon the Southeast quarter of Section 2
Township 49, Range So in Lincoln county, Territory
of Dakota, with view to the cancellation of said
try; the said parties hereby summoned to APP
pear at this office the 22d day of May. 1878, at
O'Clock p m, to respond and furnish teti1noney
concerning said alleged abandonment.
49-4w B. F. CAMPBELL, Register.
j. M. WAsHBURN, Receiver.
The Canton advocate. [volume] (Canton, D.T. [S.D.]) 1877-1897, 1878-04-23

seventy-fve psges-30O Illustrations, with Des-
cripons Of thousands of the best Flowers and Veg
etablee in the world, and the wsyto eRow then-all
for Two CENT postage stamp. Printed In En-
giish and German.
VICK's Flower and Vegetable Garden. 50 cents in
paper covers; in elegant cloth covers. 800.
Vieks Illustrated Monthly MaRazine.-32 pages,
fine Illustrations. and ooored plate in every nu n
er. Price $1.25 var; Five copies for $500.
Y Address, JAMES WICK, Rochester, NY
The Canton advocate. [volume] (Canton, D.T. [S.D.]) 1877-1897, 1878-04-23

NOS. gage ana III pursuance OF the
mortgage viii be foreclosed by sale of the prem
ises therein described, towit: The Northeast
quarter "a of Section Ten 90, in Township nine
ty-nincl98l, Of Range fifty 900, situated in the
county OF Lincoln aud Territory OF Dakota at pub
lie auction at the front door OF the Court House, in
thesvillage of Canton, In Lincoln County, Dakota
Territory on the 18th day Of June, A. u. 1878, at
10 O'Clock a. of said day.
I. 7. GILBERT,
j. W. TAYLoR, Mortgage.
Atty for Mortgage. A. 0. Hubbard
Dated at Canton. u. T. Coroner.
april 22d, 1873. 4s-w-6
The Canton advocate. [volume] (Canton, D.T. [S.D.]) 1877-1897, 1878-04-23

henderson ~ Co.,
.laDa4ES, HARkET GARDENERS AND FLoRIsrs.
35 CortiandtSt., New York
The Canton advocate. [volume] (Canton, D.T. [S.D.]) 1877-1897, 1878-04-23

800 FULTON sGREDr, BRooxLYx, n. Y.