davidaulloa/AmericanStories huggingface dataset:
The Hawaiian gazette., 1889-08-20
Opinion gf DoJs, j.

l agree with the majority Of the
COUrtr-thzt the exceptions should
Be dismissed upon the ground that
10 bond for costs and against dis
PosaI Of property, was fled by
defendant with his motion for .
lew trial; this i required BY the
=tatEte and must be considered to
oe essential u proceeding OF the
l0tiou-
As 10 the point that the bond
which was fled with theexcepti0us
10 the ruling upon the motion.
zh0lId have been made in favor Of
the plaintiff. and should cover both
the amount Of the judgment and
further costs, : an in some doubt
Inc statute Is silent in the matter.
and the rule Of Court requires z
bond for costs only. Perhaps il
would Dc somewhat severe to de-
Frive z HtigsHt Of MS further
chances under his exceptions, when,
e II this case, he l. within the
.stter O. the rule.
>ASFORD B. DOLE
The Hawaiian gazette., 1889-08-20

TEE K1y5 " w0 SOW. ET AZ
The Hawaiian gazette., 1889-08-20

Eoa AND DcLzs -.
opiEjoE Of the Court ~ BicEeT4oa- j.
This case CONES here On 2 bill Of
exceptions 70 the findings Of Law
and fact BY Mr.. Justice Dole, Ehy
heard this case on 18th May, 1883.
Jury having been waived 1t the
April Term, 1889. The decision
being fled June 10Th, 1859, giving
Judgment for defendant
The decision excepted to sets out
fully the facts o. the case, and the
argument Of counsel, and find. a.
follows: ssThat the defendant
through the whole period during
which the plaintiffs had the care Of
her, was under the authority and
management Of her father and that
he Wa able and YiIling to support
her. this being the case the defend
ants estate Is not liable.
That no contract with the defend
ant, express Or implied was entered
into 1t any time fOr the necezzarfes
That 10 credit was
given 70 the defendant By PLAINTIFF
Upon z careful examination Of
this czse, We are 81 opinion that the
The Hawaiian gazette., 1889-08-20

+ exceptions allowed by the presiding
/ Justice st the said term.
3 Counsel for the plaintiff claims
( thst defendant hiss not perfected
his appeal in this matter according
I to the statute in such matters and
I the rules Of C0urts
That the bond is irregular, the
sane being made 70 the Clerk,
when it should have been unSde 10
the spgelIes. and that the amount
Of the bond Fifty dollars Is made
gusts on the ground that the
amount Of the Judgment in favor Of
the pl4intiE i one hundred dollars,
me bond 10 the Clerk was for
costs and woald not be avsilShle 70
the Plaintiff in case Of damages
sustained.
That there was no bond fled with
the motion for 5 new trial, and the
nation Should not h4ve been enter
tanned.
Defendants counsel replies that
the matter OF sppeal WAS wholly in
the hands Of hiS client Mr.. hsulu-
k0u, &Ed the case was submitted
without argument on hIS part
We &re Of opinion that the last
point made by the plaintiff e,sun-
>el i in itself fatal to this case, Sec.
1885 Of the Compiled Laws, and
also subdivision B. Rule VII. Of
the Rules Of Court, provide, that
on the fling Of s motion for : new
trial. there shall sI>0 be fled L Suf-
6ceut bond Of security, conditioned
for the payment Of al costs Of
motion In case the party fail 10 suS-
tain the same. and that he will not
70 the dstrimeur Of the other party /
IN the seton, remove Or otherwise
dispose o. any property he may l
have IIzhEe 20 execution on such 4
Judgment.
In this case It i evident no bond /
: required wzs fled with the
aud the motion should not
laye been entertained by the Court
sh0 eyerruIei the motion pro |
igguza, and did not enquire IS to
he bond.
The motion not being in order
here can be no exception to the
uLLug OF the Court.
This should dispose of the case,
1t We VIII consider the other
.5iuts raised First That the bond
led with the bill Of exceptions /
10CId have been made to the ag-
eILee and not 10 the Clerk. The
Lerk looks to the plaintiff who Is ;
for al costs The CLERK
- No Interest in the disposition Of
le Defendants property The
srEy II whose favor the verdict Is,
the only party interested; and in |
II opinion the bond should be
-1ds 10 the appellee. Second: That |
Il amount Of the bond fifty dol
IL / inadequate. The verdict in
IL case Ezs for 500. The bond
srtai1Iy should not be f8r less than
-e amount Of the judgment, With
.ry dollars zdded for costs 4
md for less than one hundred and
,ry dollars IN this case i certainly
adequate.
The exceptions sre dismissed.
W 4 Whiting f0r plaintiff; !.
5ss for defendant. |
Honolulu, August L., 1859. l
The Hawaiian gazette., 1889-08-20
Szpreze Court or the Hawaiian
IzlzzdA--Ln BzEco- duly Tern
1889.
FEAEE JOLTvA " J. L KACLU.
EOC-
A1zGIpgit.
zzTazz E-11 g. M'CCEZ- EzlzE1E, zz-Ezz-
TN LSD LIZ -.

zz1azz +-10 e. N'CuEz- Ezzzr1E, zz-Ezz-
TN ED DoEz -
C5iHi0- u lie Cart pr BieEsrtoa- J.
This case CANE On for trizI At the
April Term 1859, before Mr.. jus
tfce DoIe and 2 mixed jury. On the
18th AprII, Iss9. The jury re-
turned = verdict for the pIzfntfS
foE 500, 20 which verdict the
defendant BY his counsel excepted
g. being contrary TO the IzE and
the weight Of evidence and gave
1otice q moti71 for new trial
On the 9th Of April, 1853, the
Defendant fled motion for rev
-rizI On the gr0and named in the
=Lcsptious taken to the verdict
Said nation Ezs overruIed and
exceptions noted and allowed The
natter now c0mes here OF = bill Of
The Hawaiian gazette., 1889-08-20

In shs Supreme CoG-s &C the Ia
-Ez= I<lzz6z-Iz Baaco> JAY
T-. 1883
The Hawaiian gazette., 1889-08-20

SASFORD B. DOLE
The Hawaiian gazette., 1889-08-20

JOHE SOFT AND HIS WIFE WALU-
POTs- EMMA v. CROw7TIEGBURG.
The Hawaiian gazette., 1889-08-20

In the Supreme Court OF the Ha-
~ziizn Lslauds-In Banco. July
Tern, 1889.
The Hawaiian gazette., 1889-08-20

THIS PAPER Is KEPT Of FILE
i u z. G. D4KE's ADTEETnrxs
4GEscY, e. & s. Merchznt's Exchange,
Gan Francisco, Cal, where contracts for
advertising can BE- made tor i.
The Hawaiian gazette., 1889-08-20
ASg1uDG.

zzT1zz ECD1 C-E-, XfcCLEz. PETITION zscxzz
E1E AID DcLE- -.
The Globe-republican. [volume] (Dodge City, Kan.) 1889-1910, 1889-11-20
THE EAST.

Two small children of jeremiah
Shaw, of Haverhill, Mass, were buried
in a sand bank and killed the other
day.
Miss GERTRUDE KIsfBALL, Brook
Ign IN. ~ society belle and member of
several of BroOklyn's amateur dramatic
societies, committed suicide at Wood
haven recently by shooting herself
through the heart, probably because of
a love affair.
JOSEPH M. HILLMAN was hanged at
Woodbury., N. j., recently for the MUIR
der of Peddler Seideman November Z,
1888. The crime was committed for
money.
WILLIAM LIvEsEY has been ap-
pointed State Treasurer of Pennsylva-
mia for the unexpired term of the late
Treasurer Hart.
THE Hickory Ridge coal mine near
Shamokin, Pa, owned by ex-COngresS-
man w. L. Scott, has been shut down
indefinitely because of dizziness in the
Western coal trade.
GOVERNOR FRANCIS of Missouri
called upon Mayor Grant Of New York
City on the 14th.
THE official returns of the vote for
State Treasurer of Pennsylvania show:
Boyer, Republican, 341 PA; Bigler,
Democrat, 2SO,31s; Johnston, PrOhibi-
ZIONIST. 22,40l.
The Globe-republican. [volume] (Dodge City, Kan.) 1889-1910, 1889-11-20
LIVE CATTLE FOR GERMANY.

A New Departure In the Beef Line-It
Might be Reasonably Successful. hut Our
Western Cattle Are Altogether Too
risky for the StOlid Germans, Who Like
to Take Liberties Such - Well-Bred
American steer Would Resent.
WASHINGTON, Nov. Thames II.
Smith. commercial agent of the United
States at Mayence, writes to the State
Department under date of November 4:
Every high prices for meat are at pres
ent prevailing in Germany, as reported
upon by me September %, caused in
part by the exclusion of cattle from Rus
STA and Austro- Hungary, on the ground
of infection OF disease, and firm OF
well-to-do butchers at this city has been
led thereby to try the experiment of inn
porting few live oxen from the United
States. and arrangements have been
made By them for the shipment of 900
head of fat oxen to this country,
to come BIZ six different vessels during
period OF six months, one hundred and
fifty animals to come by each ship. This
is quite a noteworthy transaction, be-
cause it is the first time, ! am informed,
that live oxen from the United States,
all ready for slaughter. have been i'm
ported into Germany. About ten years
ago lean cattle, 20 be fattensd for
slaughter b. pastures in Holstein and
Oldenburg, we're brought into Germany,
am told, but the undertaking did not
turn out satisfactorily and was aban-
doned.
THE oxen now coming 20 Germany are
from the State OF Illinois, and the first
two patches of them arrived last week.
The newspapers report them TO be fine
looking animals, but OF very wild nat
ure, and their appearance in this vicini-
ty has been quite an event to the BUTCH
ers. They are sold in the German mar
ket about ten to fifteen per cent. cheap
er than German beeves, but are found
not suited to the German market, prin-
cipally because they are of moro
unmanageable nature than German
cattle, having never been accus-
toned to being led by rope,
and can not be controlled as the butchers
here desire. These butchers all do BUSH
ness on a small scale, Strengthening as a
rule only from one to two beeves week,
one killing five to six being rare; and
the cattle they slaughter they like to
punch on the hips and scrutinize closely
before buying, and like to lead by a
rope after purchase, and all this the
American oxen strongly object to and
violently resist. and any binding of them
together is entirely out of the question.
They. therefore, can not be kept long,
but have to be killed as soon as possible.
81 asked in what condition the ami
mails arrived, and was informed in a
very bad one. The voyage Of the first
batch lasted three weeks. and they all
arrived in very demoralized state.
Fully ten per cent. were lost by the voy-
age, thirteen having died on the way.
The Globe-republican. [volume] (Dodge City, Kan.) 1889-1910, 1889-11-20

lCStNuSt6T- UchtTUt sell. OF 10 UlSc uSS tll0
Wanamaker. subject, which. in
point of fact, concerns no one except the
two parties to the conversation. l I'M
derstand that the Senator's place of res
idence is not at Columbia, and that
ne is not entitled to the Sena-
tOrial courtesy that would be
accorded if he lived at that city. AS he
desires to be heard in connection with
these cases, and as no commissions have
been issued, l have telegraphed him
that they will be held to allow him the
opportunity of saying any thing on that
subject that he desires. l shall not lose
my temper, even though we have very
bad weather, but shall endeavOr to con-
! tinue to conduct the post-office business
at the old stand as usual, serving DEM
ocrats and Republicans alike, with ex-
act fairness. The Post-Oflice DEPART
ment belongs to the people Of all par
ties, colors and tempers, and 1 shall
strive to keep the balance level among
them all.'
The Globe-republican. [volume] (Dodge City, Kan.) 1889-1910, 1889-11-20
THE IOWA ELECTION.

The LIE gislature ClOse-An Official Canvass
to Decide the Observation-Disclosures
ship.
DUBUQUE, Iowa, Nov. 15.-The re-
turns of the late election as received by
the various papers in the State OF the
official count of the vote in Iowa in the
several counties vary considerably.
On the Lieutenant-GOvernership the
Des MOines Leader, Democrat, has fig
ures showing that Poyner, Republican,
has about 275 plurality over BestOw,
Democrat. The Des MOines News, In
dependent, figures it out the same,
while the State Register, Republican,
claims over 1000 for FOyner. a special
to the Herald here says that owing to
evident errors in telegraphing the
returns it will take the official
canvass by the executive board OF
the State to decide who is elected Lieu
tenant overnOr. BOies for Governor
has 1860 plurality. The rest of the
State is Republican. The Senate is six
Republican by the Republican claim,
the Democrats claiming two of them as
Independents and no telling how they
will vote. The House is tie.
The Globe-republican. [volume] (Dodge City, Kan.) 1889-1910, 1889-11-20

If You will consider that dried fruit is
fresh fruit, with the water dried out of
it and more or less dirt gathered upon
it's surface, two things will occur to you
to do to make it become something like
fresh fruit. First wash it thoroughly,
using II necessary, several changes Of
water, but be sure to get the fruit clean.
Then put it to soak in clean water. COM
pletely covering the fruit, and An inch
of depth above it. Soak at least twelve
hours, and if the fruit does not plump
out very full keep it in until it will
swell more. Don't change the water in
soaking. and cook in the water the fruit
was soaked in. Boil gently for twenty
minutes. then set on back of stove to
simmer until the fruit is done and ten
der. using sugar in cooking according 10
taste. Mixed apricots, peaches and
prunes, with few tart plums to lend
spiciness. make delicious dish.-Louis-
vile Courier Journal.
The Globe-republican. [volume] (Dodge City, Kan.) 1889-1910, 1889-11-20
SILVER ADVOCATES.
Close OF the Denver silver Convention
Resolutions Against tho Dem onetiz2tion

Close OF tho Denver silver Conventfon-
Resolutions Against the Dem on etization
ofsllver.
DENVER, Col, Nov. 15.-The silver
convention adjourned yesterday after
noon. A permanent organization was
formed, which will be known as the
Colorado Silver Association. Hon. s.
A. W. Tabor was made president and a
county in the State.
The preamble preceding series Of
resolutions adopted states that it is the
opinion of the people that the demone-
tization of silver sixteen years ago by
this country and foreign powers was
the result Of a conspiracy Of
the few against the many, of the
creditor class against the debtor class,
of the consumers against the pro-
ducers, of the idlers against the work.
ers; that since the time mentioned the
period has been marked by constantly
declining prices of staple commodities
and of all the products of the farm and
shop and also taking from the pro-
duccrs three per cent. of their gross
I
has now been traced by the most
careful and reliable observers Of
the world to the destruction of more
than half Of the standard money,
thereby increasing the use of or de-
rnand for gold; and that efforts to
remedy the ill-timed action have been
met with prediction of evil to the
/ people and to the Nation. The decla-
I rations are in substance that the
only remedy is to restore the coinage
system in effect prior to 1855, 10 re-
mOnetize silver and provide for its coin
age to the maximum of Si.00O,00 per
month at present and as soon as Con-
gress can pass a law to that effect the
coinage shall be made unlimited in
amount. This will increase prosperity,
remove the stringency from the money
market and advance the value Of
products.
The Globe-republican. [volume] (Dodge City, Kan.) 1889-1910, 1889-11-20
THE M. e. CHURCH.
The Sum Donated For Dom estic and For
eign Missions.


KANSAS CITY, Mo-, Nov. 15.-BishOp
Warren presided at the NJ. E. confer
ence yesterday forenoon. On the stage
besides the chairman were Rev. DR..
Mendenhall, editor of the New York
Methodist Review; Rev. Mr.. Young,
pastor of the Grand avenue church;
Corresponding Secretaries Leonard,
McCabe and Peck, and the recording
secretary, Rev. S. l.. Baldwin.
Rev. E. r. Smith, editor of Gospel
In All Lands, sat at the table with
Treasurer Hunt taking down the
speeches and proceedings in very neat
shorthand for his journal.
The regular business began with the
discussion of propositions relative to
tho total appropriations for missionary
purposes. The original motion was to
appropriate sl,1OO,OOO. This was
amended to 1,126, 900, and this in
turn was amended to l,1i0,0O0. The
legacies for the last ten years have ave-
ragged over $50, 600 year. Within the
last twenty years s26O,OO0 have been
paid out in interest, (which" said
Bishop Foss, ''is because we are chron-
ically in debt. We have now borrowed
from three banks all they will lend us.
The treasurer said that in August he
was paying interest on S2S5, goo. 1t has
been said there is no debt. If that is
so why are we paying INTEREST,""
At the conclusion of the speech he
moved that the appropriation be ST.
$4,000.
Mr.. McLain, of New York, said he
did not pay his debts by giving his
notes. That is not cash by jugful.'
said he. The theological gentlemen
laughed.
The motion made by Bishop Foss,
that 81, l26, 600 be appropriated in total
for foreign and domestic missions, was
adopted. For contingent purposes
49,, 900 was appropriated.
The Globe-republican. [volume] (Dodge City, Kan.) 1889-1910, 1889-11-20
THE LATEST.

DISTRICT ATTORNEY LYONS, of Pitts
burgh, Pa, has been ordered by At
tOrney-General Miller and Secretary
Window to begin action for violating
the Alien Contract Labor law against
Chambers, Mckee & Co., glass manu-
facturerS Of Jeanette, Pa.
News has been received that the
Chickasaw Legislature had passed a
resolution asking Congress to allot the
land in the Chickasaw Nation in sever
atty.
WILLARD POWERS FILLMORE, son of
the late President Fillmore, died at
Buffalo, N. Y, recently of apOplexy.
He was about sixty years old and had
long been in failing health. He had no
near relatives. Mr.. Fillmore was a
lawyer.
BENJAMIN H. TATEM, proprietor of
the Helena, Mont, iron works, has
made a voluntary assignment with
$50, 900 liabilities and $50, 200 assets.
THE Gas & Coke Company of Column
bus, O., has sold out to an Eastern syn.
dictate for 81, 100000.
| GILL's livery stable, GAINESVILLE,
Tenn, was destroyed by fire and fifteen
head of horses persisted. Among the
number was Singlewood, a trotter,
valued at $1,000. Loss between $50, OOC
and $4,000. No insurance.
THE Interstate Commerce Commits,
sion on the 18th heard the case of the
Cincinnati & st. Louis railroad against
the Baltimore s. Ohio, involving rates
given to theatrical companies and
especially to the Rice & Dixey com.
pany of New York. No decision was
reached.
JEWISH stores and dwellings of Jew
ish merchants at Alsatia, La, were
fired into at midnight and placarded
mo Jews after January L; Delhi warn
ing, fire and lead will make you leave.
Citizens denOunce the outrage.
REV. S. BARROW, theological stu
dent at Grant University, Chattanoo
ga, Tenn, has been suspended BY
Chancellor Spence, of that institution
for criticising Spence in the college
journal. which Barrow edited. Chan
cellOr Hewitt has granted mandamu
compelling his reinstatement. The at
fair created great sensation.
THE following is the official vote o
Ohio; GovernOr-Foraker, Rep, 36S.
55l: Campbell, DEM, 379, 424. Lieu
Observation-Disclosures, Rep, 375,
10; Marquis, DEM. 375,069. Stat.
Treasurer-Brown, Rep, 81. l02; BO
den, DEM, 373, 465. School Commits
sioner-Hancock, Rep, 81, le7: Miller
DEM, 37S,39l. Attorney General
Watson, Rep, 81, l39; Lewis, Dem.
373, 1856. Clerk of Supreme Court
Hester, Rep, 81, OH; Schumaker, Dem.
81. AT.
The Globe-republican. [volume] (Dodge City, Kan.) 1889-1910, 1889-11-20
THE SOUTH.

COLONEL ALFRED RHErT, son of the
late United States and Confederate
Senator Barwell Rhett, died at Charles
ton, s. c., on the 18th, aged sixty
years, of cOngestive chills. He was a
Harvard graduate, became Colonel in
the Confederate army and commanded
Fort Sumter when it was unsuccessful
ly attacked by the Monitor fleet.
II is announced that Mrs. Cassius
GoodlOe will be an applicant for the
position Of collector of internal reve-
nue. for the Seventh district of Ken
lucky, made vacant by the untimely
death of her husband.
THE next session of the National w.
c. T. q. has been set for Atlanta, Ga.
THE Democratic city committee of
Richmond, Va, has adopted q resolu-
ton calling on the city authorities to
discharge all cOlored men in the en-
plOy of the city government.
THE Chief Justice of the North Car.
DINA Supreme Court, W. N. H. Smith,
died at Raleigh recently.
THREE men were killed and several
injured by a collision between special
theatrical train and a switch engine
near Canton, Miss. the other day. The
operator at Canton was to blame.
The Globe-republican. [volume] (Dodge City, Kan.) 1889-1910, 1889-11-20
THE WORLD AT LARGE.
Summary Of the Daily News.
WASHINGTON NOTES.


THE nephew of John Bright was a
recent caller on the President.
THE new Catholic divinity building
at Washington was dedicated on the
18th. The banquet was attended by
President Harrison and several mem
bers of his Cabinet. The ceremonies
were marred somewhat by rain, but
were attended by great numbers.
THE Pan-American delegates re-
turned to Washington on the 18th.
IT was rumored in Washington that
an Investigation into the workings OF
the Office of the Supervising Architect
of tho Treasury is about to be inaugu-
rated that will probably occasion the ar
rest of prominent outside parties for
completely in the corrupt location OF
various public buildings in the East
and South.
THE President and ex-senator Sew
ell, of New Jersey, left for ducking
expedition in Maryland on the 18th to
be gone for several days. The exact
scene of the hunting ground was not
known as Mr.. Harrison desired to es-
cape altogether from business.
ADMIRAL GHERARDI has been
ordered to the West Indies again on
business for the Navy Department.
SECRETARY TRACY has appointed a
committee of naval officers to test the
comfortable torpedo which is driven
by carbonic acid.
The Globe-republican. [volume] (Dodge City, Kan.) 1889-1910, 1889-11-20
To Beat Phinneas Fogg's Time.

NEW YORK, Nov. 1.-THE World an
nounces that its female reporter, Nellie
BLY,, will sail to-day on the steamer
Auguste Victoria in an attempt to
travel around the world in seventy-fve
days, beating Jules Verne's fancied time
of eighty days as made by Phinneas
cludes Southampton, London, Calais,
Paris, Turin, Brindisi, Ismail, Alden,
Colombo (Ceylon). Penang. Singapore,
Hong-Kong, Yokohama and San Fran
cisco. ''Nellie Bly," according to sched-
ule, will be due in New York on Janu-
sry q.
The Globe-republican. [volume] (Dodge City, Kan.) 1889-1910, 1889-11-20
A Lady Killed.

st. JOHNsBURY, VT, Nov. 15.-ies-
terday afternoon Miss Bertha A-Gates,
aged twenty-One years. daughter OF
Rev. NJ. A. Gates, a graduate or
Wellesley College and most estimable
Young lady, was thrown from horse
before her parents eyes, and, her foot
catching in the stirrup, she was dragged
through the streets by the frightened
animal and shockingly bruised and
mangled. When the horse was caught,
Miss Gates was dead.
The Globe-republican. [volume] (Dodge City, Kan.) 1889-1910, 1889-11-20
HOlzhav COnfesses.

MILWAUKEE, Wis, Nov. IA special
from Bessemer, Mich, says that Rein
hold Holiday took the stand this morn
ing and made full confession. acknOwl-
edging the killing Of Banker Fleischbein,
of Belleville, ILL.,, and the robbery Of
the GOgebic stage. He told the history
Of his life from the time of his birth in
Germany to the time of his arrest at Re-
public, and admitted the robbery of sew
eral trains. etc.