davidaulloa/AmericanStories huggingface dataset:
The Hawaiian gazette., 1891-05-26

OPINION OF THE COURT BY JUDD, C. j
This is an action OF eiectment tc
recover land at Kapaia, Hanamaulu
Kauai, tried at the last term of the
Circuit Court of the Fourth Judicial
Circuit. The verdict was for the
plaintiffs, to which the defendants
excepted as being contrary. to law
and the evidence and the weight of
the evidence, and move for. a new
trial.
The entire testimony for the PLAIN
tiffs to support their claim of rela-
tionship to Naehu, the patentee, was
by Nika Paniolo, their father. He
says that Naehu died in 1S47, leav-
ing Keliikupololei, daughter, who
was the grandmother of his daugh-
ters, the plaintiffs. This was denied
by four witnesses on the part of the
defendants, who say that Naehu died
without issue. The jury, however,
preferred to believe the testimony of
this interested witness rather than
that of the witnesses who opposed
him. But the evidence by this same
witness for the plaintiffs On the de-
Tense of adverse possession is to the
effect that when Judge McBryde
heard the matter of the estate of
Naehu in Probate he left the land,
and there is no evidence that he ever
resumed possession of it. The pro-
ceedings before Judge McBryde
were not introduced, and we are in
the dark as to their exact nature. 1t
was proved, however, that they were
had in 1868. Tie deduction is clear
that plaintiffs either personally or
by their father, Nika Paniolo, were
not in possession of this land from
1868 to the date of bringing this &C
ton, July, 1869, period of twenty
years. There was abundant testi-
mony that the defendants were in
possession during this period. 1t is
not necessary to discuss whether the
possession of one Of the defendants
was adverse, he being the admins
traitor of Naehu, for the record of
the proceedings in Probate was not
introduced, and we do not know
whether the proceedings were to ap-
point an administrator or for de-
cree of heirship, common proceed
ing by some Circuit Judges in those
times.
The jury, we are satisfied, disre-
garded the testimony and acted
upon some bias or prejudice in az
irving at their verdict which is so
wrong that we feel com
PEELED to set it ASIDE and order new
trial, which is
Done accordingly.
The Hawaiian gazette., 1891-05-26

of title by adverse possession. 1t is
true that an abandonment of the
premises by the defendants would
have stopped the running of their
adverse possession, but mere abb
sence is not an abandonment, nor
would residence elsewhere while
the premises were used by them or
their tenants have that effect.
The rebuttal has entirely failed to
produce any evidence which justi-
fies the verdict, and I agree with the
decision of the Court ordering new
trial.
A. Rosa for plaintiffs; W. o. Smith
for defendants.
Honolulu, April 21st, 1891.
The Hawaiian gazette., 1891-05-26
BEFORE JUDD, C. j.
THURSDAY, May q.
BEFORE JUDD, C. ]

In re estate Of Lucy A. Hardee.
Petition of j. o. Carter, admins
TRAITOR, for allowance of accounts and
discharge. The Court orders the
account approved and the admins
traitor discharged.
In re bankruptcy of NJ G. Correa.
Proof of claims. Six creditors
proved their claims amounting to
$4,35S.32, and FL. Focke appointed
assignee under s., 500 bond.
The Hawaiian gazette., 1891-05-26
In the Supreme Court of the Ha-
waiian Islands.
In Banco.
SPECIAL TERN, MARCH Both, 1891.
KAILIANU ivy AND LEA (w.) VS.. LUMAI
(K.) AND KAUwE (K.).
SPECIAL TERN, MARCH Both, 1891
BEFORE JUDD, C. j., M'cULLY, BIcKERToN
AND DOLE, j.. J.

The evidence OF the father OF the plaintiffs
that neither he nor his daughters were
in possession of the land claimed from
the time of decision OF Circuit Judge
McBryde's (1S6S) to the beginning Of
this action July, 1880, and the de-
PENDANTS showing that they were in
possession during this period, the YER
dict of the jury for the plaintiffs IS
manifestly against the evidence.
Verdict set aside and new trial ordered
The Hawaiian gazette., 1891-05-26
Assignee's Notice,

THE UNDERSIGNED HAv-
u WING been appointed Assignee OF the
estate OF Chin Pun OF Honolulu, bankrupt, all
persons indebted TO said estate are hereby re-
quested to pay the respective amounts owing
by them immediately to the undersigned ct the
ONCE of Ed. HOffschiaeger q Co.
tn. OPFERGELT
Assignee Chin Pun estate
Honolulu. May q, 1891. 1s76-4t.
The Hawaiian gazette., 1891-05-26
Estate Of George H. McLain Of
NawiliwiIi, Kauai.

THE UNDERSIGNED HAV-
Il ING been duly appointed assignee Of said
bankrupt estate, hereby gives notice 70 ell per
sons owing the said estate 70 make immediate
payment 70 K. T0BEYN.
Assignee.
Honolulu. Hay -, 1891. 1853
The Hawaiian gazette., 1891-05-26
Bp autburltn

THOS. @. FORSYTH, Esq, has this day
been appointed an Agent to take Acknow
Judgments to Labor Contracts for the Dis
trict Of Lahaina, Island of Maui.
C. n. SPENCER,
Minister of the Interior.
Interior Office, May %, 1891. 1865
G. L. EWART, Esq, has this day been
appointed member for the Road Board of
the District of Hanalei, Island OF Kauai,
vice h. H. Garstin, resigned.
The Board now consists of:
Chas. KoelIing, Chairman
w. E. H. Deverill,
G. r. Ewart.
C. n. SPENCER,
Minister of the Interior.
Interior Office, May 6, 1891. 1374-3t
MR.. L. K. BULL, has this day been
appointed Chairman of the Niihau Road
Board, vice Geo. s. Gay, resigned.
The Board now consists as follows
E. K. Bull, Chairman;
NJ. W. heale,
J. B. Kaomea.
G. N. SPENCER,
Minister of the Interior.
interior Office, May 8, 1891. 1374-3t
Msssrs. II. L. HOLSTEIN and G. P.
KAMAUOHA, have this day been appointed
members of the Board of Fence Commits
sioners for the District of North Kohala'
Island of Hawaii.
The Board now consists as follows:
Robt. Hind, Jr.,
H. L. Holstein,
G. P. Kamauoha.
c. n. SPENCER,
Minister of the Interior.
Interior Office, May II, 1891. I375-3t
The Hawaiian gazette., 1891-05-26

Upwards of 800 business houses
throughout the world conduct q
portion of their correspondence IN
Volapuk.
The Hawaiian gazette., 1891-05-26
CORRESPONDENCE.

We do not hold ourselves responsible for the
statements made, or opinions expressed by our
correspondents.
The Hawaiian gazette., 1891-05-26
Supreme COurt-At Chambers.
MONDAY, May 1S

Supreme COurt-At Chambers.
MONDAY, May Is.
BEFORE JUDD, c. J.
In re bankruptcy of Geo. 81. Nc
Lain. Proof of CLAIMS. Fifteen
claims proved, amounting to 3d.
1888, and K. Podeyn appointed
assignee under S1,5O0 bond.
In re bankruptcy of Chin Pun.
Proof of claims. Ten claims proved,
amounting to $5,44S.66, and P. Offer
gelt appointed assignee under $500
bond.
Estate James Woods, deceased.
Ordered that the executors seventh
annual account, for the year 1890, be
approved.
TUESDAY, May 10.
BEFORE JUDD, C. J.
In re guardianship of Helen A.
Dickson. Guardians annual &C
count The Court examined the
account and ordered the same ap-
proved. w. F. Allen, guardian, in
person.
In re bankruptcy of NJ. G. Correa,
of Hilo, Hawaii. Ordered that bank
rupt do appear before the Court for
examination and also that he show
cause why he should not be adjudg-
ed guilty, under Section Z of Chap
ter % of the Laws of 1888.
BEFORE JUDD, C. J.
WEDNESDAY, May 20.
In re estate of Lum Young Kin.
Petition of Lum Zip for temporary
letters of administration. Ordered
that temporary letters be issued to
petitioner under $500 bond. j. NJ.
Kaneakua for petitioner.
BEFORE JUDD, C. j.
THURSDAY, May Il.
Estate OF VIM. Cook. Petition for
letters of administration. The Court
dismissed the petition on the ground
that there is no property belonging
to said estate, nor debts to collect,
hence no duties for an administrator.
Kaneakua and Johnson for petition
er; AchI for contestants.
FRIDAY, May %.
The Hawaiian gazette., 1891-05-26
Honolulu Library and Read
ing Room Association.

d ERSONb RESIDING IN
Il the out OF town districts can become
members and draw books from the eirenIsfinr-
department by paying the regular dues orarferiy
in advance. also paying postage both ways on
books drawn, and being responsible for ali loss
and damage Of books in transit.
1376-4t-tf II. A. PARgELEE. Secretary.
The Hawaiian gazette., 1891-05-26

1t is unfortunate that many Of
the streets Of our city are so mar
row and crooked. A boom will
visit this place some day, and there
are many now living who will ride
from the Pail to Diamond Head, if
not around Oahu, in ali electric car,
and there will be a cable line over
the Pail.
But the streets would have to be
widened, or the business portion of
the city will gradually shift itself
to more commodious quarters.
Narrow streets are commercial
abomination, and crooked paths
don't attract business.
If the Hawaiian Government
could obtain credit for the amount,
it should borrow 100000, and
lay Il cable either to Victoria or
San Francisco. Suppose the Gov
eminent had the money, and was
ready to commence; what would
be the result? San Francisco would
at once offer a quarter of a million
to hold one end of the wire; Vic.
toria would go quarter better:
and then Uncle Sam would make it
million. In the end, the operation
might not cost this government
anything.
1t wouldn't make any difference
to Hawaii where the other end of
the cable was: she would be the
gamer in any case.
E. L. C.
The Hawaiian gazette., 1891-05-26

EST MoDUs N EEBUs.
Essex County herald. [volume] (Guildhall, Vt.) 1873-1964, 1891-06-26

tubs. 10 n pals in cases, he; 5-n, Sc 5D
sac. pure leaf lard. el(dl0c.
Hogs.-Choice city dressed, &c; country
5ic.
POTATOES.-Trade in old potatoes Is
nearly over and the supply Is small with
prices firm. Old stock is quoted at 81 per
bushel for shenangoes and other kinds are
81 2D(dl 30. New potatoes are selling freely
at e. j0(a per barrel with some fancy lots
at e. IS. Sweet potatoes are in light supply
with Tennessee selling at - 20 and North
Carolinas at a. 2jta2 -.
POULTRY.-Poultryi is In small supply,
and If it had not been for lack OF demand
occasioncd by the hot weather prices would
have been firm with an advancing tendency.
Quotations: TURKEYS, l3Cdl5c, chickens,
100 i3c fresh Killed New England, lad lSc
spring chickens, Soc per 10; fowls, ea Zoe +;
fresh killed New England, l2d lie; iccd
western. Haze; green geese, zoe; green
ducks. lSd20c; grouse, SOlaD cents u pair
squads D pair, Jo(a6Oc.
New York: Dressed chickens, . q BIC ;
fowls, l2dl3c; ducks, ia Ice.
TRUCK.-The truck market in many lines
Is hard to quote. Asparagus Is particularly
fat and hard of sale. Peas, beans aud cab
bage are also dull, with lots unsold and left
over. Common round turnips are very irreg
uar In their supply and prices fuctuate bad
" from day to day. Rutabagas and other
turnips are higher.
Essex County herald. [volume] (Guildhall, Vt.) 1873-1964, 1891-06-26
FOREIGN NEWS.

Two standard educational works, Herbert
Spencer on "Education' and Bain's "Edu.
cation as a Science" have been put under
prescription by the English authorities OF
the church training colleges. Both books
are well known in America.
There is reason to believe that Italy has
not yet formally rebound herself to the
triple alliance, but it is beyond doubt that
she is about to do so. When that has been
done, there will be ministerial crisis in
Rome. The majority OF the cabinet favors
the triple alliance but on other matters the
opinions Of the ministers are hOpclessly d.
vergent
1t has been learned that revolt has taken
place among President Balmaccda's troops
at COquimbo, Chill, and that the insurgents
killed four OF their officers, Eight hundred
men are said to be marching to Caldera 10
join the ranks OF the congressional army. II
has also been learned that the insurgent
warship Esmeralda destroyed the wharf and
railroad at LobOs islands, thereby prevent
ing shipments of guano by President Bal
maceda.
There Is rumor in political circles al
Quebec that Lady Mcdonald is to be made a
peercss by the queen, in recognition of Sir
John MCDona'd's eminent services to the
empire. 1t is stated by the same authority
that, after the present session of Parliament
Hugh John Mcdonald, son Of the late pre-
mer, will 90 to England to Jay personally
before her majesty his fathers order aud
Hugh John Mcdonald himself being
knightcd.
Italy continues to hold aloof from the
triple alliance because OF the uncertainty Of
Engand's position.
At Il,
decree directing that, for the collection OF
customs duties, the rate OF exchange is fixed
at god. on the dollar.
Sixty earthquake shocks were experienced
through the province Of Bengal recently
and many buildings were destroyed
Premier Abbott announces that no spcca
| legislation would be introduced in Parliamcn
by the government, and that the policy OF
| Sir John Macdonald will be continued ia
the Dominion.
A tomb containing two scpulchral urns
one of which contains the ashes Of EcIoge
the nurse of the Emperor Claudius Nero, anC
| the other those Of his mistress ACte, whC
was converted to Christianity by st. Paul
has been discovered in Rome In the Vignt
Nuova, off the Via SAHARA outside the Salarf
gate. The tomb is the cemetery OF Domiti
an s family, where the ashes of Nero himscl
were also buried. TIL inscription mention!
that Ecoges ashes were placed there in nc
cordance with her request that they might b,
Inferred near those of her nursing, the EN-
perOr.
Mrs. French Sheldon, the American lad,
who started on an exploring expedition il
Africa, has arrived at Cape Town seriously i'll
She was so weak that she could not stanC
and had to be carried aboard the steamship
Madura, which sailed for England Monday
Sailors on lake barge filed I'D will
Canadian liquor at Amhcrstburg, Ont, AM
ended up their spree with row on the YES
sci, during which six men were shot.
Essex County herald. [volume] (Guildhall, Vt.) 1873-1964, 1891-06-26

An artificial lake, 1000 feet long, $50 fee
wide and 80 feet deep, formed 10y the Martel
glacier behind the Zutallfcrner mountain il
the Tyro, burst It's confines and flooded the
valley. Tho huge volume of escaping water
caused shock Ike an earthquake to the
surrounding country and made deaf
cning noise. As the inhabitants hat
expected for some time past thai
this accident would happen, ant
had accordingly made preparation,
looking to the safety Of their lives and prop
erty, It is hoped that no fatalities have beer
caused by the flood in It's terrible rush, bu
reports from many villages which have beer
inundated are nnxously awaited. II Is
known that much property has been de.
stroycd. The bursting Of the. lake was due
to the softcning of the glacier, which is l2Ol
feet In thickness
Essex County herald. [volume] (Guildhall, Vt.) 1873-1964, 1891-06-26
CLIPPINGS.

The celery crop Of Kalamazoo, Mich,
will be worth 81 900. 900.
We export $4,000, 900 pounds of
-four to Glasgow, Scotland, yearly.
Olive oil is being shipped from south
en California to fill orders IN England.
The General Synod of the Reformed
Church in America, voted for union
with the Reformed Church of the United
States.
The Board of visitors to West Point
will recommend radical changes in the
method of appointing cadets to that IN
sttuion.
The annual product of salt through
out the world is estimated a 100000
tons, the larger share coming from
English works.
The Boston school committee made a
net expenditure of 81, 9O7, 000 last year
and asks for 81, l2j, 900 for the present
financial year.
a concession has been applied for to
enable a railway to be constructed up
the Matterhorn, in the Swiss Alps, to
consist of three sections.
Essex County herald. [volume] (Guildhall, Vt.) 1873-1964, 1891-06-26

IN he train
Of diseases that follow a tor.
pic liver and impure blood.
nothing can take the place
of DR.. Pierce's Golden Med.
ical Discovery. Nothing will.
after you have seen what it
does. 1t prevents and cures
by removing the cause. 1t
invigorates the liver, purifes
and enriches the blood, sharp
ems the appetite, improves di.
gestion, and builds up both
strength and flesh, when re.
duced below the standard
of health. For Dyspepsia
Liver Complaint" Scrofula,
or any blood-taint its a posi-
tive remedy. 1t acts as no
other medicine does. For that
reason, it's sold as no other
medicine is. It's guaranteed
to benefit or cure, or the
money is refunded.
Essex County herald. [volume] (Guildhall, Vt.) 1873-1964, 1891-06-26

The jury in the suit of Meyer & Dickinson
of Philadelphia against the government to
recover excess of duties levied on material
used rs hat trimmings have returned O
verdict of s632 for the plaintiffs. The gov.
trnment will appeal the verdict to the
supreme court. BY the verdict
of the jury in this case tho govern,
$40 900 900 to sSS OOo. 600 that It has collected
in duties from importers OF millinery mate
rials in various parts of the country. The
suit of Meyer & Dickinson was n test suit
and was intended to test the right OF tn,
government TO collect tho duties on the
goods In dispute. Other pending suits vii
BIO affected by the verdict.
Essex County herald. [volume] (Guildhall, Vt.) 1873-1964, 1891-06-26
NOTABLE DEATHS.

Ex-senator Joseph Ewing Mcdonald OF
Indiana, whose death is announced at In
dianapolis, was at one time m acknowledged
leader Of the Democratic party, and on
several different occasions was strongly
talked OF in connection with the presidency.
Mr. Mcdonald was born in Butler county,
O., Aug. 30, 1919. HIS father, John MELON.
all, and his mother, Eleanor Pratt, were
natives of Pennsylvania, the one OF Scotch and
the other of liugucnot blood. The father died
when his son was little more than an infant.
Mr.. Mcdonald was elected to Congress in
August, 1910, and served one term. In 1864
he was nominated for governor of Indiana,
but failed of election. lie was elected to the
United States Senate for six years, to sue.
coed Daniel d. Iatt, and took his seat March
B, 1875. He was chairman OF the committee
on public lands and the second member Of
the judiciary committee OF the Senate, rank.
ing as one OF the best lawyers Of that body
Essex County herald. [volume] (Guildhall, Vt.) 1873-1964, 1891-06-26
THE NEW ENGLAND STANDING.
NOTES.


Cleveland lost their grip on reaching
home.
New York is the only team not white
washed so far in the league
The Boston Reds will be home for month,
and should increase their lead.
The association umpires are requested by
Pr sidcnt Kramer to keep away from the
hotels where the players stop
President Byrnc says that John Ward is
not handling his team with the same in
terest he did his wonders list season.
Scott StrattQn has been given his release by
Pittsburg. He will 90 back to Louisville,
where he has been aiming for all the season.
Second Bascman O'Brieg Of Portland is
the finest young player in the New England
league.
John Ewing says lie can keep the Boston
league club down to half dozen hits any
time.
O'Brien and Griffin are the only men in
the Brooklyn team earning their salaries, so
thinks President Byrnc.
Silver King, the $500 pitcher of the Pitts.
burg team, has not won game in over five
weeks.
Pete Browning was fined $50 by Manager
Hanlon for playing without spikes In one OF
the Bostongames.
Essex County herald. [volume] (Guildhall, Vt.) 1873-1964, 1891-06-26

The readers Of this paper will he pleased to
learn that there Is at least one dreaded disease
that science has been able to cure in all it,
stages. and that is CRtarrh. Halls Catarrh
Cure Is the only positive cure now known TO
the medical fraternity. CRtarrh being q con-
stitutioual disease, requires constitutional
treatment. Halls Catarrh Cure is taken in
teruRlly, acting directly upon the blood and
mucous surfaces OF the system. thereby de-
struying the foundation OF the disease, and
giving the patient strength by building up the
constitution and assisting the nature In doing
It's work. The proprictors have 50 much faith
In its curative powers that they offer One
Hundred Dollars for any case that II fails to
cure. Send for list Of tcstimonials. Address
f. J. CHENEY d Co., Toledo, v.
tF Sold by Druggists, &c.
Essex County herald. [volume] (Guildhall, Vt.) 1873-1964, 1891-06-26
Dearborn Monument Unveiled.

The imposing Dearborn monument in
Hampton, n, H., was dedicated with inter-
Csting ceremonies on Saturday last. 1t was
secured through the muniGcence OF Joseph
Frederick Dearborn, native of Hampton
and successful lawyer In Boston, who died
at Meirose, Mass, March Is, 1880. His will
directed that not less than $40 900 nor more
than $4,000 be expended upon monument
in memory OF his earliest American ancestor,
Godfrey Dearborn, who came from Exeter,
Eng, to Exeter, N. H., in 1850, In 1850 re-
moved to Hampton, and there died In 1885.
Essex County herald. [volume] (Guildhall, Vt.) 1873-1964, 1891-06-26
Good Advice.

Three years ago was compelled 10 throw
up my place because OF blood poison. Hot
Springs physicians and mercury did me no
good. Through the advice Of another he
gan taking 5, 5. 8, and to-day am well and
at work again. What more can l say for
the medicine. except Ego and do likewise
JAsrER NocHr. Liberty, Tenn
Essex County herald. [volume] (Guildhall, Vt.) 1873-1964, 1891-06-26

case is only an intellectual refrigerator
which keeps ever fresh and readable the
volumes which pleasure and profit tempt
you to buy.
Think of the amount of information, wit,
pathos, history and life which this slO Book.
case may encompass. What wealth of
pleasure may be placed on its shelves,
This is the most popular and the largest
and finest Bookcase ever offered by us at
the low price of $40. The wood may be Oak
or Cherry. The five shelves are adjustable
and carry from l7j to 200 volumes. The top
shelf may also be used for books when need.
ed, but its latticcd openings and the bevcllcd
French plate mirrors on either side make it
charming vantage ground for clock or
ornaments.
on receipt of Ave 2.ccnt stamps, we will
mail you our new 2Ss-page illustrated cata.
lOguc.
Essex County herald. [volume] (Guildhall, Vt.) 1873-1964, 1891-06-26
his Son Cured.

Mr.. W. II. Human, OF Mount Vernon,
H., writes as follows zone bottle Of Swift.
Specific q. s So cured my son permanently
ned the best medical treatment available,
have recommended 5. 5. $, to other, fey
the blood troubles and diseases OF tie ,h.a
and have mover known it TO i4n 10 care ~
any case"
Essex County herald. [volume] (Guildhall, Vt.) 1873-1964, 1891-06-26

THE Sultan has ordered that young girls
shall not be publicly exposed for sale In the
markets OF Fee, Mequinez and other towns
Of Morocco. OF late the supply Of slaves In
Morocco is SO large that the price has fallen
from $3.50 for girls to exactly one half. Il
Is claimed that about one-half the number
die on the way from Ttmbuctoo and the In
terror.
Essex County herald. [volume] (Guildhall, Vt.) 1873-1964, 1891-06-26
NEW GOLD FIELDS.
Rich Finds Near Colorado Springs
Create Rush.

Great excitement prevails in Colorado
Springs over the reported gold finds in the
Cripple Creek camp 30 miles southwest of
there, 1t has been known for some time
that there were strong indications of min.
erals in that section, and since early spriug n
number of men have been prospecting with
more or less success.
The finds that have occnsioned the present
excitement have been recent Several ship
ments have been made to the shelters in
Denver, which have assnyed from 800 to
S14S to the ton. The news Of the find is
spreading rapidly, and men are tlocking
from all over the state, and are arriving in
camp at the rate OF 80 to 10 per day.
Essex County herald. [volume] (Guildhall, Vt.) 1873-1964, 1891-06-26
UNION LIVE STOCK MARKET.

BEIomroY NNp WATERFOWL, June lG.
Amount OF live stock at markets: Cattle,
3lHj; sheep and lambs, II .Ei3; swine, 2N,lj2 ,
calves, 224; horses, 40 poultry, Ne lbs,
Amount furnished by several different
sillis
Essex County herald. [volume] (Guildhall, Vt.) 1873-1964, 1891-06-26
CratifYIna tn All.

The high position attained and the universal
acceptance and approval Of the pleasant liquid
fruit remedy. Syrup OF Figs. as the most excel
lent laxative known, illustrate the value Of
the qualities on which It's success is based and
are abundantly gratifying 70 the California
Fig Syrup Company.
Essex County herald. [volume] (Guildhall, Vt.) 1873-1964, 1891-06-26

Ladies employed in fashionable storcs,whose
duties keep them standing all day should send
two &c stamps to Pinkham Medicine o.,Lynn'
Mass, for Guide TO Health and Etiquette