davidaulloa/AmericanStories huggingface dataset:
The Hawaiian gazette., 1886-08-17

BEFORE JUDD, C. j., M'oULLY AND PRESTON, j. j.
Opinion of the Court by PREST0N,J.
| Exceptions from decision of McCulIyJ.
This is an action of Ejectment brought to re-
cover undivided moiety of a piece of land stu
ate in Waipio Eva, Island of Oahu.
| 1t the trial before McCully Judge and a For
eign Jury, at the last April Term of the Court the
plaintiff proved title by purchase from one Kalu-
KIM (k), son and one of the heirs at law of Ha-
huina the Patentee of the land.
The defendant claimed title under one Alali the
eldest son of the Patentee who claimed under an
alleged unrecorded deed from his father, and
which was said to have been burnt.
To prove the contents of the alleged deed, Alali
was called and testified. Gnteralia) "The paper
contained the following: LIST, hereby bequeath to
you Alali my lands for you to have control over
and to care for your younger brothers and to share
with them the receipts of the land.'
The defendant also called one Kalua, who was
said to be one of the witnesses to the said deed
but he denied knowing anything about it, and
denied having told the defendants attorney that
he did.
verdict was rendered for the plaintiff and the
defendant subsequently moved for new trial on
the ground that he was taken by surprise by Ka-
lua's testimony.
The application supported by an affidavit
by Kalua, stating that he had been persuaded to
give false testimony and that he saw the intes-
tate execute the instrument, also by an affidavit
by Mr.. Magoon defendants attorney to the effect
that he relied upon Kalua's testimony, and had
therefore sought for other testimony, and that if
new trial is granted he will be able to establish
the contents of the instrument.
The motion for new trial was denied and Ex-
ceptions were duly taken.
By THE CoURT-The evidence as to the execution
of the alleged burnt instrument is very vague,
even supposing the witness Kaua should testify
as expected.
The testimony of Alali is presumptive that TIL q
instrument was will, and as it was not proved
within five years from the death of the testator Il
would hsve no effect against the heirs.
Upon review of the whole testimony and con
sidering that the witness Kalua is very iliterater
being unable to write, we are not disposed I'd
differ from the decision of the presiding Judge and
therefore
The exceptions are overrued with costs.
w. r. Castle for Plaintiff p. Neumann, J. A.
Magoon and a. Rosa for Defendant.
Honolulu, July 31st 1886.
The Hawaiian gazette., 1886-08-17
The Pahala School.

EDITOR GAzETTE,-In your edition, July 9th,
amongst list of annual school examinations
there appears an account of an examination at the
Pahala, Kau, English School on the 10th July.
Now, Sir, q resident of Pahala, within
short distance of the school, and having a know
ledge generally of what is going in the place,
give a full denial of the statement that such an
examination as spoken OF occurred, or that there
were any friends of scholars therein fact the
whole statement is untrQthful and imaginary, and
was sent to your paper with an object which resi-
dents of this place understand. An examination
of the school was held the 14th july the results
of which we're very different to the hattering &C.
count of your correspondent. This is what Mr..
G. Kimokea, the examining, officer, says -" The
school consisted of twenty children. Small sums
in addition were written on the black board by the
Principal, and answered very ind1fferently by
few of the scholars. Two hymns were sung and
played by the Principals Il few OF the children
we're examined in reading ONE pa2e-nuInber
q of the primer, and could repeat the page by
rote. On trying them previous and after pages
they could not read word; only seven out of the
twenty children could read spell, and then only
small words of syllable, the rest were not past
the alphabet Examination in arithmetic or geo.
eraphy, there was none. The principal part of
the work done by the children was drill-maroh-
ing and counter marching. The standard of
scholarship is the lowest of any school IN the dis
trict."
This is a true and unYarnished statement of
facts as given me by Mr.. Kimokea, and think
you and your readers will agree with me, Sir that
it is very poor showing for the school, and that
the people who are depending UPON II to educate
their children to be pited bat such Is our tx
and has been for between two and three years.
1t has been a perfect farce on the name of school,
and in the face of this. to have such false and
misleading statement appear is more tn N human
patience can stand therefore take his oppor-
tunity to deny it, and beg you to give prominence
= - - - T. C. Wills.
Pahala, Kan, Hawaii, Aug. z, 1895.
The Hawaiian gazette., 1886-08-17
Supreme Court Of the Hawaiian Islands
In Baneo. July Term, 1856.
LEE AHLo AS FATHER AND NEXT FRIEND OF LEE NeAoK
A MINOR
VS..
MUNG HUI OTHERWISE AIMING.

BEFORE JUDD, C. j., MoULIY AND PRESTON, j. j.
Opinion of the Court by PRESTON, J.
Executions from decision of McCulIv T
The Worthington advance. [volume] (Worthington, Minn.) 1874-1908, 1886-11-25
Important Dakota Case Settled.

Washington Special supreme court
handed dow decision in the case Of
Buttz, administrator. vs. the Northern
Pacific railroad. Justice Field rendered
the decision. from which there was no dis
sent. The decision settles the claim OF one
Peronto, a half-breed, to lands in or near
the city OF Fargo. Oak. Peronto claimed
Z, township 1879, range 43. Pembina land
district. This land is within the limits OF
the withdrawal for the benefit OF the North
ern Pacific railroad. The Indian title to
the land was extinguished by treaty rat
flied May 20. 1873. Previous to this,
however, the Northern Pacific railroad had
(Feb. Fl, 1879 filed with the secretary Of
the interior a map OF the general route OF
the road, and in obedience to the law, the
general land Office had withdrawn the
granted land from settlement. This
by Peronto, who claimed that by right
OF settlement his claim should be con-
sidered before that Of the road uponcxtin-
guishment OF the Indian title. The road,
on the other hand, claimed that the land
having been withdraw from settlement be.
fore the Indian title was exit guished it
was not within the operation OF the land
laws when the said Indian title was extin-
guished. Hence Peronto could acquire no
trict court OF the territory by the
court without a jury, the case was
decided for the road. Peronto appeal
ed to the supreme court OF the terri.
tory and the decision of the lower court
was affirmed. Peronto applied to the
supreme court OF the United States, but
died before the case was granted hearing.
Tho court affirmed the decision of the 81.
prone court Of Dakota, vestipx title in the
Northern Pacific road.
The Worthington advance. [volume] (Worthington, Minn.) 1874-1908, 1886-11-25

The fate of the leaders of the Hon.
duras instruction is Hinged with the
spirit which centuries ago caused
many a knight to lay down his life
while displaying the noblest sense OF
honor. Gen. Delgado, tho prime lead
or OF the unsuccessful expedition,
whose wife had interceded for his life,
was offered pardon on the condition
that he should not engage in another
armed insurrection against Honduras.
Apparently devoted to his cause, he
sent back cutting reply to President
Bogran, who had all along sought a
means by which he could save the con-
demned man, and yet leave the
authority OF the government intact.
But when the unrepentant rebel had
refused pardon which should make
lie disgraceful, the only alternative
was to execute the death sentence.
Standing by their collins the four
1ated men appeared the pictures OF
selt'composure, and General Delgado
was permitted, at his request, to give
the order for the execution of himself
and his comrades,
The Worthington advance. [volume] (Worthington, Minn.) 1874-1908, 1886-11-25
MOrsels of GastronOlny.

The griddle-cake days have come
the most dyspeptic of the year.
Canned turtle meat has come into
general use now for green turtle soup.
Advanced epicures now hold that to
eat jelly on game, save quail, is a her
esy:
Oysters fried in oil are the craze,
and said to be better that way than in
any other.
Frogs legs arc usually high and
there is what may be called appropri-
ate kicking.
Game increases in supply and grows
better in quality as tho autumn days
roll on.
1t is only the brave and courageous
people at hotels who ever eat bread
pudding.
Boston lettuce has come TO market
again, the ''white heart to the delight
of salad-eaters
Several new wrinkles in cuisine are
traced to Sherry Lenox and the ca
tercr at Tuxedo
Now is the time when the CASTRO
nome sportsman goes hunting, like
Dixey, for Welsh rarebits.
Red pepper on sardines is the latest
gastronomic 'fad,' and is supposed to
take the place of lemon.
In Washington, next winter, the
price of terrapin will be contingent up
on Mr.. Whitney's receptions.
Celery and cranberries have come,
and the gobble gobble of the turkey is
heard in the Thanksgiving land
Caterers and hotel stewards say six
out of ten people nowadays insist up
on having cheese with Their pie.
Modern sandwiches have all the
crust of the bread cut of, and are
shaped in every way but the old New
England pattern.
1t is maryland, quite Maryland"
to eat thick slices of fried hom;ny with
duck, no matter of what quacking va
ricty.
Our Italian fellow-citizens are quite
hilarious over the advice given in tho
daily papers as to the lest way to cook
macarOni.
Watfies, we read. are to be the gas
tronomic feature of the kettlcdrums
and afternoon teas this season, but
this may be a mistake.
An old gastronomic tale in a new
gown is that about the Yale professor
who is accused of buttcring his water
melon for dinner.-New York Mail and
ErDress.
The Worthington advance. [volume] (Worthington, Minn.) 1874-1908, 1886-11-25
Clover for the PrairieS.

Professor Bessey, Dean of tho
Nebraska Agricultural College, writes
to the american AgricuituriSt for No.
vember:
A few years ago the pioneers in
Western Iowa seriously doubted
whether clover could be grown in that
part of the State They have snce
learned that the clovers. red and white,
succeed better than in many portions
CT the older States. The same history
is now repeating itself in Nebraska.
No well-informed man now doubts
that clover will grow we'll in the east
ern counties of the State. Should there
be any question in the mind of any one,
let him come and visit the campus of
the State University, upon which red
clover has for several years been in
creasing with great rapidly and actu-
ally driving out the wild grasses. Near
the town Of Seward, about thirty miles
west of Lincoln, are extensive clover
fields upon which the owner cut not
only heavy crop of hay, but gathered
large yield of seed. 1t is significant
that the red clover seeds very abund-
antly-much more so than in the States
eastward. 1t is a common experience
that considerable seed will form the
first year; that is, when the clover was
sown early in the spring, there will be
a good deal of seed formed in the fol-
lowing autumn if stock are kept of.
This explains why it is that red clover
tends to spread 20 rapidly when once
it obtains 'foothold. White clover
not only produces an abundance of
seed. but its reclining stems take root
in their well-known fashion. and thus 4
small patch spreads year by year until
it covers acres !
~
The Worthington advance. [volume] (Worthington, Minn.) 1874-1908, 1886-11-25

The legality al the boycott was in.
volved for the first time in Massachu.
setts in trial at Plymouth, OF Peter
McGough of Lynn and VIM. B. OF eefe
OF Salem, both prominent Knights Of
Labor. An indictment against them
charges that an agent of Charles Har.
rington & Co. was in Plymouth on
June 16 selling leather, and that the
defendants attempted to prevent a
man from buying leather of the agent
by means of threats OF boycotting.
Gen. Butler for the defence moved to
quash the indictment, citing the de-
struction of tea in Boston harbor as
a precedent for boycotting. Chief.
Justice Brigham overruled Gen. But.
ler's motion and showed that boy.
cotting was a conspiracy interdicted
by the laws of the State.
The Worthington advance. [volume] (Worthington, Minn.) 1874-1908, 1886-11-25

The cable, in announcing the suicide
OF the famous English jockey, Freder-
lex Archer, was careful to announce
that he was suffering from del,rium at
the time, produced by typhoid fever.
1t is now explained that the disease
took hold ofhis system because he had
violated a very simple canon ofhealth.
1t seems that his normal weight in
health was las pounds, but he had
adopted diet and mode of life which
reduced him to the more serviceable
figure of 112 pounds. That is to say,
he stinted nature of S3 pounds of It's
sue which she demanded for the per-
feet fulfillment OF her duties, and that
nature lost little time in avenginz the
wrong done, as she most certainly
will every time. The case has q man.
fest interest for a great many p ople
who are trying to reduce obesity by
the starvation process.
The Worthington advance. [volume] (Worthington, Minn.) 1874-1908, 1886-11-25

The commissioner of agriculture
has been notified by Chemist Wi
ley that by the diffusion process he
secured an average OF 100 pounds OF
sugar per ton from eighty-three tons
of Louisiana cane. 1t is claimed
that the Old process would only have
yielded eighty pounds to the ton.
This is regarded by the authorities at
the agricultural department as the
fulfillment OF the promise OF impor-
tant results given by the first incom-
plete experiments in the diffusion pro-
cess as applied to sugar cane.
The Worthington advance. [volume] (Worthington, Minn.) 1874-1908, 1886-11-25
q quick succession, and he "a,

In quick succession, and he was
hurried away from tho miasmatio
region. The general reached Washington .
sick man, and it was several weeks before
any relief could be got from an aqgra-
vated form of malaria He suffered
frequently from all kinds Of indigestion.
and the simplest articles of diet caused
great discomfort and pain. DR.. Peters kept
close watch upon hun and made several
trips to Washington when the symptoms ap-
peared threatening: When the general loft
the White House he went into the
law firm of Knevals l. Ransom and
worked for time with energy; but
his strength gave way, and he had to give
up all kinds Of work. He remained quietly
Mt his home in enforced seclusion bv the ad-
vice of his physician, who believed that
entire rest would bring him around all right
But the remedy came
The Worthington advance. [volume] (Worthington, Minn.) 1874-1908, 1886-11-25

Gen. Gordon's inaugural address as
Governor OF Georgia the other day is
noteworthy for the frank confession
by thoroughly representative South
ern man of the fact that the issue OF
the civil war was great blessing to
the South. "In the last quarter OF
our national life," he said, "a guiding
providence has overruled for the ma.
tons good, as we trust, those sectional
discussions which were inevitabl from
dissimilar and conflicting institutions
providentially established on this con-
tinent. From political confusion, an.
cry controversies, and bloody conflicts
have come national life more robust,
a national peace more real, and a
national union more enduring"
The Worthington advance. [volume] (Worthington, Minn.) 1874-1908, 1886-11-25
A despatch from Ottawa, Ont, tells

A despatch from Ottawa, Ont, tells
OF "a premonition OF death fulfilled"
A middle-aged man told clerk that
he was going to die within twenty
hours, and asked the clerk how much
heshould will him. He also said he
had a policy on his life for 81 900, and
offered it to the clerk for $25. The
sale was not perfected, and the man
visited a building which he was having
erected went to an upper story, fell
through an opcring in the floor and
died. There are not few who will
work upon this as "a premonition
fulfilled"
The Worthington advance. [volume] (Worthington, Minn.) 1874-1908, 1886-11-25

1t is stated that the Pennsylvania
railroad people have under considera-
ton a rather unexpected plan ior the
acquisition of the controlling interest
in the stock OF the Chicago and North.
western system Of railroads.. The
Pennsylvania company's surplus OF
$1OO,OOO,OOO will, it is said, be used
for this purpose.
The Worthington advance. [volume] (Worthington, Minn.) 1874-1908, 1886-11-25

With about ], ZOO, 100000 bushels
OF corn, 1853, 100000 bushels of pota-
toes, 4s5, 100000 pounds Of tobacco
and 45,OOO,OOO tons OF hay, Uncle
Sam ought not to look forward to the
winter months with much fear. This
is what the latest returns of the agri-
cultural bureau gives us.
The Worthington advance. [volume] (Worthington, Minn.) 1874-1908, 1886-11-25

1t is to be noted that while the oleo-
margarine makers say their sales are
increasing under the new law, the
dairymen OF the Middle States are max
ing the same claims regarding their
butter. Thus each party must be
satisfied, and everything is quite cor
root
The Worthington advance. [volume] (Worthington, Minn.) 1874-1908, 1886-11-25
About Buffer.

Fat or oil in one form or another is
essential to the human economy, and. it
is to this fact, says The News, of Lon
don, that we owe the Introduction of
butter. which LOW forms so prominent
an art Gle of diet. We of the Anglo
Saxon race prefer solid fat if such a
term may be given to butter. This
preference may be because in colder
climates animal fat will not remain in
a quid state, and therefore our con-
ditions rule our desires, formulating
them into their present shape. The
climate of more southern countries pre-
vents fat remaining solid, and thus we
find there the liquid form is preferred
What butter is to one, oil is to the
other. At the present day the Arabs
of the desert are greedy drinkers of
their sheep and goats; and in the
countries contiguous to or not far re-
moved from the equator butter is large
ly employed as salve or ointment,
! and it has been used for amounting the
person. In the ''Periplus maris Fry
thr@i," written during the rcigns of
Titus and Domitan. it is stated that
''butter was brought from India to the
ports of the Red sea. and that tropical
land is spoken of as rich in rice, wool,
sesam. oil, and butter. Wounded ele-
plants were healed there by being
made to swallow butter, or by havin g
their wounds smeared by it. !"
From the bible it would appear that
butter was known during the time of
Abraham, for we find that the old
patriarch at Mamre Gen. xviii, 81
took butter and milk, and the calf
which he had dressed and set before
his angelic visitors. And in the song
of Deborah and Barak Judges ", 25)
it is stated that ''She brought him but
ter in lordly dish.' Zophar the Ma
amathite Dob. xx., II speaks of "The
flowing streams of honey and butter"
and Solomon in Proverbs xxx, 33)
says: ''For the churning of milk bring
eth forth butter" These and other ref
erences in the scripture would show
that it was luxury-known, it is true,
but as one of those articles of diet to
which only the rich could aspire. In
Pliny there is reference to the barbar-
ians, by which is probably meant the
Germans, as ''delighting in butler, tho
possession Of which distinguishes the
rich from tho poor"
The Worthington advance. [volume] (Worthington, Minn.) 1874-1908, 1886-11-25
OFFICIAL CANVASS.
or tho Vote for Repr

Ofthe Vote for Representatives to Congress.
The official canvas OF the vote by con.
gressional districts was made on Friday,
the 10th inst, by Gov. Hubbard, Secretary
Won Baumbach, Justice Vanderburgh,
Attorney General Hahn and others. The
vote in detail is:
The Worthington advance. [volume] (Worthington, Minn.) 1874-1908, 1886-11-25

The demand for black walnut has
pretty nearly cleared out this wood in
tho forests of the North, but almost
incredible quantities are said to have
been discovered in Tennessee and Ar
kansas. 1t also abounds still further
South.
The Worthington advance. [volume] (Worthington, Minn.) 1874-1908, 1886-11-25

Scientists know there 10 no God, but they
are more OF les in doubt about The searseF.
pent-Pwek.
The Worthington advance. [volume] (Worthington, Minn.) 1874-1908, 1886-11-25
Milk Poison.
when Fruit-Growina ravs.

One of the most interesting cases
which has come under the notice of
Iowa physicians for long time, says
The Des Moimes Register, was the
poisoning of a number of persons in a
hotel at Corning, Union county, and it
was of such peculiar nature as to
attract widespread attention. At
different times guests in the hotel were
taken violently SICK with all symptoms
of poisoning, and the unfortunate
circumstances were continued at un-
usual times and with whimsical
irregularity. The suspicious of local
authorities were aroused, and at the
instance OF the state board of health an
examination was ordered. Tyrotoxicon,
or milk poison, was found to be the
cause. Recent Investigations by learn
ed scientists on this subject, and espe-
cially the experiments of Prof. Newton
in notable New Jersey case, have led
the profession TO believe that it was a
result of decomposition of the animal
substances found in milk in the pro-
cess of becoming sour. The state board
of health considered the case of suffi-
cient Importance to have the chemist of
the board, Prof. Shearcr, enter into a
thorough analysis, with valuable re-
suits. His investigation will throw
new light upon the nature of the
poison and in some ways disprove the
conclusions of Prof. Newton and
others. He made the following report:
l herewith report the results Of the
analysis of the materials supposed to
b concerned in the Corning poisoning
National Republican. (Washington City (D.C.)) 1872-1888, 1886-05-22
GRECo.RoMAN MATCH.

Bicycle and Rider VS.. Woman and
Twelfth Street the Scene of the En-
counter-One Exciting Round.
The traffic on Pennsylvania avenue, near
Twelfth street, was delayed about five miu-
utCs yesterday morning. An elegantly
dressed lady, fat, fair, aud forty, was cross
ing the street. Her mode of procedure was
cross between charming leisure and aris.
tocratlc dignity. A smile Of self-contented-
ness blushed sweetly on her face, and in her
left hand was poised a handsome black
parasol. With something of the same grace
Of motion, but with accelerated speed, Il
bicycle and rider approached the buxom
lady Mt an angle OF ninety degrees. A
shock Of amazement overspread the features
Of the startled lady as she conceived the
possibility Of being knocked down by the
bicycle. 1t took her but a moment to
raise her parasol threateuingly in the air
and to prance forward and backward with
the hope of dodging the inevitable These
actions on the lady's part seemed to paralyze
both the mental and physical powers OF
the bicycle rider. His machine became
upmanageable, pursued zigzag course
and struck the lady fair knock down
blow, telling her like a log. The wheel and
rider were stopped for an instant, but only
| for an instant, when both together uniting
| their combined weight fell headlong on the
already PROSTATE. but somewhat collapsed,
form Of the lady. An immediate rush was
made by crowd of interested spectators
to pick up supposed pieces. But the lady
arose with conquered expression and
| gllded out Of sight. Likewise the bicycle
and its rider. Those who were nearest gave
the fall to the bicycle and rider, but there
were some who claimed that the lady did
not have both shoulders down, 1t was
finally decided to call it a dog fall and
leave 1t to the police.