davidaulloa/AmericanStories huggingface dataset:
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1891-05-27

there were proceedings IN probate
referring to this land and that from
that time they had been In posses
sion Of the land. Their evidence Is
clear and definite that their posses
sion was adverse 50 far IS the plain
tiffs were concerned, and WAS noto-
rlous and uninterrupted.
The plaintiffs put Nlks Paniolo on
the stand IN rebutsal Of this claim by
adverse possession, who testified in
substance that after Naahu's death
he cultivated the land snd tast on
account Of McBryde's decision he
gave up the land and that il went TO
them presumably the defendsntsl
by Ju3gs McBryde's decision, that
be left the island with his daughters
IN 1869 and returned IN 1872 and
Lived share Ii grass house near inla
tree that the mia tree was not on
land IN dispute; that I'VE lived
there together. quit IN 1874, After
my return / lived with defendants"
This testimony rather supports the
defendants theory Of adverse pos
session than attacks It. There Is no
evidence Of an assertion OF his claim
To the land or an custer Of the de-
PENDANTS or an interruption OF their
possession IN any way after 1868.
His statement that sitter his return
he lived with the defendants, has, as
1t stands, no significance or value:
&c Is not evidence UPON which an
custer or an Interruption TO the de-
PENDANTS possession can be pre-
sqned- Tue plaintiffs also intro
dueed three other witnesses IN re
buttal Of the defendants claim by
adverse possession. The first one,
kaohaIe, and the third, Puko, said
absolutely nothing which tended to
rebut this claim; the second. Ia
hInu, stated that in 1872 the defend
ants were not living on the land. i
bare statement ike this Is nos suH-
cIent to oyershro1y prima fseie case
OF title by adverse possession. 1t Is
true that an abandonment Of the
premises by the defendants would
nave stopped the running OF their
adverse possession. but mere alb
sence Is not an abandonment, nor
would q residence elsewhere while
the premises were used by them or
their tenants have that effect
The rebuttaI mas entirely failed to
prodace any evidence which iussi-
hes ghe verdict, and agree with the
decision Of the Court ordering new
trial.
L. Rosa for plaintiffs; W. O. Smith
for defendants.
Honolulu, April 21st, 1891
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1891-05-27

In the Supreme Court Of the Ha-
Waiia1 Islands.
IN Baneo.
SPECIAL Tenn. MARCH Both 1891.
KAILrASU (wl AND LEA (w.l vs. LUMAI
tK.) AND kAUwE (K-l-
BEFORE JUDD, {. J., M'CULLY, BICKEEToS
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1891-05-27

OPINION OF TIE COURT By JUDD, c. T.
This Is an action Of ejeetmen6 to
recover land at kspsia, Hanamsulu-
Kauai. tried &c the last term Of the
CTreait Court Of the Fourth Judicial
Circuit. The verdict Was for the
plaintiffs, TO which the defendants
excepted IS being eontrarF TO law
and the evidence and the weight Of
the evidence, aud move for a new
trial
The entire testimony for the PLAIN
tifs TO support their claim OF rela-
tionship 80 Naehu, the peteiatee, was
By NIks PanioIo, their father. He
says that Naeliu died IN 1is47. lsav-
ing ksliikapoIoIei, q daughter, who
was the grandmother of his daugh
ters, the PLAINTIFF This was denied
BY four witnesses on the part Of the
defendants, VINO say thai 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,
anu there Is no evidence that he ever
resumed possession OF It. The pro
eeedIngs before Judge McBryde
were not introduced, and We are IN
the dark Is 10 their exact nature. I5
was proved however, that they were
had IN 1868. The deduction Il clear
that plaintiffs either personally or
by their father, NIks Paniolo, were
nos N possession OF this land from
1865 go the date Of bringing this &C
ton, July, 1869, q period OF twenty
years There was abundant tessi
mony that the defendants were II
possession during this period I6 Is
not necessary TO discuss whether the
possession Of one OF the defendants
was adverse, be being the admins
TRAITOR Of Nasau, for the record of
the proceedings II Probate was not
introduced and We do not know
whether the proceedings were TO ap-
point an administrator or for 2 de-
cree Of heirzhip, common proceed
ing by some Circuit Judges II those
times.
The jury, We are satisfied. disre
gsrded the testimony aud acted
upon some bias or prejudice II az
irving az their verdict which IS SO
msnifessly wrong that We feel con-
PEELED 20 set It aside and order new
trial, which Il
Done accordingly
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1891-05-27
coxcUaarxe OPINION or DOLE, !

On the question OF Inheritance
shere vss substantial evidence for
the plaintiffs n the testimony of
Siks PsnioIo, the father OF the
plaintiffs, and the jury had the dis
erection OF accepting and acting on it
Is true, against the greater number
Or Witnesses who testified for tae
defense On this point The Court,
therefore, would not be justified IA
ordering q lew trial On the ground
OF there being insufficient evidence
TO support verdict on the question
CT inheritance.
The defendants, on their other de-
fsnse OF adverse possession, intro
doced evidence showing that IN 1863
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1891-05-27

SPECIAL TENN. MARCH 30th, 1891.
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1891-05-27
BEFORE JUDD, {, J., M'CULLY, BICKERToS
AND DOLE, III.

The evidence OF tne father OF the plaintiffs
that neither be nor his daughters were
N possession OF the land claimed from
the time ct decision OF Circuit Judge
AeBrvetH's Us s. TO the beginning OF
this action July, 1889 aad the de-
fensian5s showing that they were IN
possession during this period, the YER
Dict OF the jury for the plaintiffs :
ulaniEesIIy against the evidence.
Verdict set aside and new trial ordered
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1891-05-27

Verdict set aside and new trial ordered
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1891-05-27

THE ARLINGTON,

THE ARLINGTON,
Hotel ST., Honolulu.
J. 4 FISHER, PeoP-
TERMS.
Board and Lodging per week (aecord-
ing so IocaEIoa OF room $50 60 60 $i2 GU
IFanSlengy Per day ---..------.-.----. u
Fable Board, per week CO.
SA4zEE u e2ALS 81
CO. Visitors VIII find this one of the
most comfortable and convenient hJuses
IL the city, the rooms being large, Light,
and airy
Hot and cold water baths,
2b5I-qi
The Dalles daily chronicle. [volume] (The Dalles, Or.) 1890-1948, 1891-09-05
a Prominent Hawaian Dead.

SAN Francisco, Sept. 5.-The steam
ship Mariposa arrived today from Aus
tralia via Honolulu, being in Honolulu
to Aug. 18th. Hon. John Dominis
Prince Consort of Hawaii died, August
26th from a sudden attack of pneumonia.
The prince was born in Schenectady,
New York, May 10, 1882. His father
was an Italian and his mother an Amer
lean lady OF Boston. He WAS taken to
Hawaii when a child. He came TO Call
ifOrnia in 40, during the gold excitement
and spent some time here. He was
married to the present Qneen of Hawaii
some years ago.
The Dalles daily chronicle. [volume] (The Dalles, Or.) 1890-1948, 1891-09-05
RIOTS IN NICARAGUA.
Several Citizens Shot Down During a
Melee at Granada, Nicaragua
---0thers Exiled
Poles Disp1eased at the Appointment
of Russian Tyrant---Turk-
ish Brigands.

New YoRK, Sept 5.-Ramon Velez,
of Revista, popular in this city, received
letter from his agent I'm Granada, Mic
aragua, which states that the chief of
police and a number of his soldiers were
shot during the riots in that city August
23rd, and that more than fifty citizen
rioters were either killed or wounded
she says five persons, supporters
of the movement against the govern
ment of ex-President Chamarro, ex-
President Lavala Auselmo Riva, Director
Nicaraguence and Seniors Enrique Gaz-
man and j. d. Rodriguez were appre-
hended and imprisoned. The rioters in
cluded number of prominent citizens.
They were armed with rifles and attacked
the barracks, firing on the garrison. 1t
required supreme effort on the part of
the soldiers a number of whom were
killed to repel the attack. On August
25th the suspected revolutionists were
tried, found guilty and condemned to
perpetual exile with the warning they
would be Immediately shot if found on
Nicaraguan soil.
The Dalles daily chronicle. [volume] (The Dalles, Or.) 1890-1948, 1891-09-05
= Double Elopement.

SALEM, Ogn., Sept. 5.-Fred S. Byron
and Stella Mitchell and Louis Beichel
and Myrtle Durham were married today
and took the train south. 1t is believed
to he a double elopement. The girls
are not OF age and their parents have
procured warrants for the arrest OF the
elop.ng couples. The grooms are from
Portland. The eloping parties were ar
rested at Albany. The groonls are
charged with perjury.
The Dalles daily chronicle. [volume] (The Dalles, Or.) 1890-1948, 1891-09-05
THE WORLDS FAIR.
Proposition to Borrow $5,OOO,OOO
From the National Treasury.

Proposition to Borrow $5,OOO,OOO
From the National Treasury.
CHICAGO, Sept. At the opening of
the national Columbian commission this
morning communication from Presi-
dent Baker, of the local worlds fair cor
poration, asking the cooperation of the
national commission in securing a loan
of $5,000,000 from the government for
the use of the fair, to be repaid out of
the first receipts, and resolution of the
executive committee commission endors-
ing the request, was- read and referred
to the committee on judiciary.
A resolution was presented to recon
slider and expunge from the records the
resolution heretofore passed for the ap-
pointment ola committee to recommend
certain notifications of the tariff law in
the interest of the exposition. After a
long discussion, the resolution for the
appointment of the committee was re-
considered, and tho matter referred to
the committee on legislation.
A resolution pledging the commission
to take up and consider the Sunday
closing question as soon as it should
properly come before that body, was
unanimously passed.
The auditing committee presented its
report, showing an excess of expenses
by the commission for the year ending
July !, next over the appropriation Of
$4,000. In order to avoid this the com
mittee recommended the April meeting
of the committee be postponed till July,
and that the payroll be reduced. The
report was referred to the committee ON
bylaws, and the commission adjourned
till 2 O'Clock this afternoon.
The Dalles daily chronicle. [volume] (The Dalles, Or.) 1890-1948, 1891-09-05
WAR PREPARATIONS.
Russia Strengthening Her Defenses
Along the Austrian Frontier.

Russia Strengthening Her Defenses
Along the Austrian Frontier.
BERLIN, Sept. A Vienna dispatch
says that the Russian villages near the
Russo-Austrian frontier are thronged
with soldiers. The frontier guards, who
used to be merely gend'armes to prevent
smuggling, have given place to whole
regiments permanently quartered at
every available point, and ready to act
as strong advance guard in pouring in
to the Austrian empire in the event of
war. Observation towers are being
built close to the frontier, and the Rus
slams are also planning the like erection
of three or four large forts to form bases
for an invading army. The Russians
are also constructing pontoons at Roni
that can be used in crossing the Danube.
Some of the pontoons are ninety-six
feet long and eighteen feet wide, and
others are $50 feet long. They are
forwarded as rapidly as possible to the
various places where pontoons might be
reouired
The Dalles daily chronicle. [volume] (The Dalles, Or.) 1890-1948, 1891-09-05
Relief Committee neaeleunrters.

The relief committee have designated
the county court room as the depot for
receiving contributions. member of
the committee will be ON duty at all
times to receive anything that may be
offered and to supply information as to
the most pressing needs. Clothing for
women and children seem to be In
greatest demand as is also bedding of all
descriptions. Food supplies must be
had and everything of this nature will
be promptly distributed when received.
Cash subscriptions can be made to Judge
Thornbury, chairman OF the committee
or left at any of the banks. The secre-
tary, Mr.. Nj. a. Moody, Acknowledges the
receipt of several additional cash sub
scrIptions, among them one from Hon.
Ed. Hirsch of Salem.
The Dalles daily chronicle. [volume] (The Dalles, Or.) 1890-1948, 1891-09-05
HANGED FOE mukpEK.
a Desperate Ends His Life on the scaf-
fold.

SAVANNAH, Mo-, Sept. 8.-John Bull
ing was hanged here today at 2 p. m.
The life of Bulling has been marked by
many crimes. According to his own
confession, he has been desperate
character, and Tor many years he has
been haunted by fears of arrest for his
many transgressions. He first came un-
der notice of the officers of the law
through his connection with tragedy
at Pittsburg several years ago, in which
two men were killed. He escaped con-
viction in this case, and was next heard
of in this state, when the crime for
which he was hanged today was COM
mitted. He deserted his wife in the
summer of 1888, and took up with
another woman. His abandoned wife
sought employment at the Herbert
house, Savannah. Bulling getting ac-
cess to her room one night in January,
1889, with an ak almost severed her
tilated the remains in horrible man
ner. For this crime he was tried and
sentenced to be hanged in March last.
The day before the execution was to take
place he was respited to April II, and
on the night of the 10th of that month
he escaped by cutting his way out of the
Savannah jail. A large reward was Of
fered for his capture, and the Pinkertop
agency put men ON his trail, but their
search was unsuccessful. His arrest
was finally effected by the Chicago police
after desperate running fire, with the.
murderer and the wounding of Bulling
in the arm. His identity was discovered
the day of his capture, and he was once
more placed in his old quarters in the
Savannah Jail. On July 6, the night
after his arrival at Savannah, he at
temped suicide by taking dose OF NOR
phine which he had by some means
managed to conceal about his person
The attempt, however, was unsuccessful
and on August he was again sentenced
to be hanged, making the third time he
bad gheared the death sentence pro-
nounced on him. Last week it was dis
covered that Bulling was planning to
break Jail and cheat the gallows, but
his designs were frustrated by the
sheriff.
The Dalles daily chronicle. [volume] (The Dalles, Or.) 1890-1948, 1891-09-05
The Funeral Of yoseph p. FitzGerald

The Funeral of Joseph =. FitzGera1d.
The funeral of the late Joseph P. Fitz-
Gerald took place this morning from the
Catholic Church, and was very largely
attended. At the head OF the procession
was the band of which he was the drum
major, followed by the city members of
the third regiment and the fremen.
Funeral services were rendered by the
Rev. Father Brongeist and thus was laid
to rest, at the age of twenty two, a gen
erous hearted, noble boy of whom it
may be said, we shall not soon see his
like again.
The Dalles daily chronicle. [volume] (The Dalles, Or.) 1890-1948, 1891-09-05
TURKISH BRIGANDs.

The Government Taking Measures to
Prevent Future LawIessness.
CoNsTANTINoPLE, Sept. At is stated
upon good authority that the dismissal
yesterday of the Turkish ministry is due
to the sultan's discomfort at the spread
RACES upon foreigners were committed
by Turkish brigands, and demand for
idemnity for such outrages was brought
by the German and French am bassadors
representing the powers whose subjects
suffered by this lawlessness. 1t is un-
opened Immediately with view to sup
pressing the lawlessness complained Of
The Dalles daily chronicle. [volume] (The Dalles, Or.) 1890-1948, 1891-09-05
GLOOMY REPORTS FROM IRELAND.
Relief Money Exhausted--At the End of
Their Supplies.

ouppueSs
LONDON, Sept. 4.-Right Hon. w. L.
jackson, member of parliament for
Leeds. financial secretBry of the treas
ury, and Sir HI. E. Maxwell, member of
parliament, a junior lord of the treasury,
both conservatives, who have returned
to London, after tour of Ireland un-
dertaken on behalf OF the treasury for
the purpose of inquiring into the relief
works, such as railways. ETC., carried on
under the auspices of the government,
state the fund raised by Lord Zetland
and Mr.. Balfour for the relief of the
people in the famine districts has been
exhausted, and that it is probable that
an additional appeal for aid will be
issued. The nationalists declare that
the money has in many cases been
wasted, and in some instances been di-
verted from the purposes for which it's
donors intended it. They take issue in
this respect with Messrs. jackson and
Maxwell, who report that the fund has
been carefully administered. That adj
ditional appeals will have to be made to
the charitable on behalf of the Irish peo-
pie, at all events, is only too certain.
The most gloomy reports come from all
parts of the country. The recent storms
have ruined the hopes of the farmers for
good yield of crops. Cereals are
beaten into muddy soil, and, though
some farmers will reap the wet grain to
save it from rotting in the fields. the
yields will be practically nothing. Po-
tatoes in many districts are wofuily
blighted, and the shortage of that staple
crop will cause much distress.
The Dalles daily chronicle. [volume] (The Dalles, Or.) 1890-1948, 1891-09-05
More suGerers.

The following names must be added to
the list of sufferers by the fire: Emory
Campbell, $1,000, no insurance; A. A..
Brown, $4,000, insurance, $1,000; Geo.
w. Beers, 5000, insurance, $500; Henry
Taylor, 81 200, no insurance.
Hundreds of other losses are not pub
lished simply because we have been un-
able to find them.
The Dalles daily chronicle. [volume] (The Dalles, Or.) 1890-1948, 1891-09-05
GOVERNOR OF WARSAW.
Poles Displeased at the appointment of
Russian Tyrant.

a Russian Tyrant.
ST.. PETERsBURG, Sept tas4.-The APP
pointment of General Komeraff as gov
ernor of Warsaw has been coldly re-
ceived by the Russian Poles, as the gen.
eral has a high reputation for severity
in putting down disafection. While gov
ernor-general of the Transcapian he had
an execution nearly every day of nomad
natives who had violated some trivial
regulation of which they were ignorant.
Among Komeraff's victims was the wife
of Russian army officer. The wife, a
young woman not long married, was ac-
cused of nihilism. Komeraff, who knew
no higher law than the will of the czar,
held a one-sided trial, and sentenced the
lady to Siberia. Her husband, capt
ain, committed suicioe. Komeraff is ac-
knowledged to be an able commander,
and his appointment to Warsaw may
mean that he is wanted where his mill
tary services will be needed.
The Dalles daily chronicle. [volume] (The Dalles, Or.) 1890-1948, 1891-09-05
To EXHIBIT at the worlds Fair.

New YoRK, Sept. 4.-The Earl and
Countess Of Aberdeen arrived here to-
day. While here Lady Aberdeen will
make arrangements for an exhibit OF
Irish home Industries in the form of lace
manufacturing and home-spun clothing,
together with the famous Irish linen, in
the womans s section of the coming
Worlds fair at Chicago.
The Dalles daily chronicle. [volume] (The Dalles, Or.) 1890-1948, 1891-09-05
The Costa 1sica Railroad.

WASHINGTON, SEPT. A cablegram
from Costa Rica announces that the con-
tract made between the government and
a railroad syndicate for the construction
of railroad from San Jose, the capital
of Pounta Aronas and the principal
Pacific post. The completion of this
railroad will furnish an Immediate COM
petition with the Panama railroad.
The Dalles daily chronicle. [volume] (The Dalles, Or.) 1890-1948, 1891-09-05
Large Exports of wheat.

SAN FRANcIsco, Sept. 4.-There was a
large export movement in wheat during
the past month, the number OF cargoes
cleared being twenty-seyen, aggregating
l ,499 600 centals, valued at s., ,476, 600.
In August, 1890, the exports were $685. :
600 centals, valued at 81 .476, 900.
The Dalles daily chronicle. [volume] (The Dalles, Or.) 1890-1948, 1891-09-05
No Revo1ution i'm Mexico.

ST. Louis, Sept A dispatch from
the City of Mexico says much irdigna-
ton been caused there by the publication
of the reports in the papers of the
United States to the effect that the peo-
pie of Mexico were about to inaugurate
revolution against lhe Diaz regime.
President Diaz denies the rumors.
The Dalles daily chronicle. [volume] (The Dalles, Or.) 1890-1948, 1891-09-05
Crops a Failure.

DUBLIN, Sept. 5.-The Freeman's Jour
nal today says that the wheat crops in
the western districts of Ireland, owing
to recent terrible rainy weather, are only
fit for litter. One-third of the potato
crop is already gone and barley and oats
roffinp
The Dalles daily chronicle. [volume] (The Dalles, Or.) 1890-1948, 1891-09-05
Mark HOPKINS, MilIions.

New YoRK, Sept. 5.-The World says
everything points to quiet distribution
of Mark Hopkins millions without re-
course to the courts.
The Dalles daily chronicle. [volume] (The Dalles, Or.) 1890-1948, 1891-09-05
womenn sufrrage in Sow zea1and.

WELLINGTON, N. H.. Sept. 5.-The
house of representatives of New Zealand
passed bill granting residential suff-
rage to women and qualifying women
for election to parliament.
The Dalles daily chronicle. [volume] (The Dalles, Or.) 1890-1948, 1891-09-05
sunk by a Steamer.

New YORK, Sept. 5.--The Tug boat
Erie was sunk this morning by steamer
and son of the captain was drowned.
The Dalles daily chronicle. [volume] (The Dalles, Or.) 1890-1948, 1891-09-05
Portland Races Commence.

PORTLAND, Sept. 5.-The fall meeting
of the Portland speed association began
this afternoon and will continue for
seven days.
The Dalles daily chronicle. [volume] (The Dalles, Or.) 1890-1948, 1891-09-05
chicago wheat market.

CHICAGO, Sept 81 Close, wheat
cash, e67S; December, 1.oO56@1. COZ.
The Dalles daily chronicle. [volume] (The Dalles, Or.) 1890-1948, 1891-09-05
Portland Wheat farket

PoRTLAND, Sept. 5.-Wheat, Valley
155; Walla Walla 145@I471s.
The Dalles daily chronicle. [volume] (The Dalles, Or.) 1890-1948, 1891-09-05
Letters of Credit issued available in the
Eastern States.

Sight GS aErhaPgs d gok S9d GSsgop GGSsisspso
Louis. San Francisco, Portland Oreeon.
Seattle WASH, and various points in Or
egon and Washington.
Collections made at all points on fav-
orable terIne.
The Dalles daily chronicle. [volume] (The Dalles, Or.) 1890-1948, 1891-09-05
PkoFEss1oNAL CARDS.

s. BENNETT, ATToRNEY-AT-LAw. Of
"A. flee IN Schannos building, up stairs The
Dalles, Oregon
The Dalles daily chronicle. [volume] (The Dalles, Or.) 1890-1948, 1891-09-05

N SIDDALL = DENTIST. - Gas given for the
LIZ painless extraction of teeth. Also teeth
set on flowed aluminium plate. Rooms: Sign of
the Golden Tooth, Second Street.
The Dalles daily chronicle. [volume] (The Dalles, Or.) 1890-1948, 1891-09-05

Nv II. WILSON-ATToRNEY-AT-L Rooms
w. 50 and SO, New Vogt Block, Second Street,
The Dalles, Oregon.
The Dalles daily chronicle. [volume] (The Dalles, Or.) 1890-1948, 1891-09-05

A r. N-ATToRNEY-AT-LAw.-Of Office
a. in Opera House Block, Washington Street,
The Dalles, Oregon