davidaulloa/AmericanStories huggingface dataset:
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1891-07-27

DECISION OF DOLE, j., APPEALED FROM.
This is a case of ejectment. and
the verdict was for the plaintiff. The
defendant moved for a new trial
upon the following grounds:
1. That the defendant has dis
covered new and material evidence;
and
2. That the verdict of the jury
was contrary to law and the weight
of the evidence.
On the second ground there is no
question that the evidence made an
issue for the jury and that in finding
a verdict for the plaintiff, they were
supported by both considerable and
definite testimony.
AS to the newly discovered evil
dence, the principal affidavit is by
Loe WV who names different par
ents of the plaintiff than those men,
toned at the trial. This if proved
at the trial of the case would defeat
the plaintiff. But the defendant Or
her counsel knew long previous to
the trial that this plaintiff was a
claimant of a part of the estate
which she received from her hus-
band, as his uncle. This appears in
the probate proceedings of her hus-
bands estate in 1889, in which the
petition states that Kaheana as uncle
| to the deceased is an heir, and lives
at Keel, South Kona, Hawaii, and
the clerks notes show that w. @.
Achi made an appearance for " Ka-
heapa, uncle of deceased" Mr.. Rosa
appeared at the same proceedings as
counsel for the widow, this defend
ant. The plaintiffs counsel further
shows by affidavit, that before the
trial of this case, he furnished Mr..
Rosa, defendants counsel with the
pedigree or family tree showing
Kaheana's relationship to the de-
ceased. Defendants counsel cannot
therefore claim to be taken by sur
prise by the evidence in the case on
this point. Under the circumstances
it does not appear that the defen-
dant has exercised a reasonable dill
gence in preparing her case. 1t was
obviously her duty to procure avail
able testimony as to the plaintiffs
parents and to search in Kona, his
home, for such information. There
is no evidence that any attempt has
been made on her part to procure
evidence on this point from that
locality. The Court in Clement VS..
Cartwright 9th Haw. 678) say, on a
similar motion, "a party must use
due diligence to procure all the i'm
portant evidence that exists, he must
search for it wherever there is a
probability of finding it."
The defendant asks for new trial
in order to put in testimony that
she ought to have put in at the first
trial, and which she might have had
then, SO far as anything appears to
the contrary.
The motion is overruled upon
both grounds
w. @. Achi and e. johnson for
plaintiff; A. Rosa for defendant.
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1891-07-27
PAINTER

IF YOU WANT A FIRST CLASS JOR
i of Painting of any description done.
call on the practical Painter, j L.
MEYER only. $50 Fort st. %,
Box 1877. 2748-1y
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1891-07-27
In the saprems Court Of the Ha'
Waiian Islands.
In BancO
July TERM, 1891.
KAHEANA (K.) VS.. NALIMU (W).
BEFORE JUDD, C. J.. BIcKEhToN AND
DOLE. j.: M'oULLY, j., ABSENT.
On exceptions to an order oVerruiins
motion for a new trial.

IN A motion for new trial on the grouhu
that defendant has discovered new ana
material evidence, overruled, 1t ap-
pearing that though aware OF the pam
tiff7s claim before the the trial, oe1eno-
ant used no diligence TO procure esi
dence to rebut the same.
or An examination of the evidence SHOWS s
that the verdict is sustained Dy consul
cradle and definite testimony.
OPINION OF THE COURT PER JUDD. g. j.
At the special term of this Court
March, 1891, we held that the defend
ant had complied with the statute
and rules respecting the perfecting
of motions for new trials and ordered
the parties to be heard on the merits
of the motion.
MIR. Justice Dole heard the motion
in vacation and on the Sd July tiled
his decision overruling the same, TO
which exceptions were taken by de,
PENDANT; and the matter was argued
before the Court in Banco.
Having examined the evidence IN
the case and the affidavits on Tile, we
are of the opinion that the decision
and Judgment of Mr.. Justice Dole
denying new trial should DE
affirmed, which is
Done accordingly.
Honolulu, July FL, 1891.
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1891-07-27

Honolulu, July 81, 1891.
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1891-07-27
Liberal Termsi

Q)-13x24in. GUNNER Engine.
U-lOx2Oin. GUNNER Engine.
N-Putnam Screw Cutting Lathe, 18in.
swing, LIFT. bed; most improved
type.
Q)-20-Ton Vacuum Pan, (H. I. w. Co.
make), built in sections; complete
with iron stage and Blake's Direct
Vacuum Pump, 18x24x24in.
-t4)-30in. Weston's Centrifugals.
O-Complete Diffusion Plant for ca
pacity of 400 long tons cane per
deim. Manufactured by the San
gerhausen Co., and to arrive in Sept.
The two Cane Slicing Machines for
this Diffusion Plant are the latest
and most improved type, (self-feed-
ing with Cane Carrier) and have
been successfully used on Sugar cane
at factory and given the highest
satisfaction.
Q)-8ft. Cell to Multiple Effect III. I.
w. Co. make). Can be easily con-
nected to any of the Fl. I. W. Co. g
Multiple Effects.
(75)-Wheeled Coolers, 3Ox30x30in.
Q)-Duplex Water Pump, 16x14x12in.
Capacity, million gals. it "a hours
to height of 120 feet with boiler
pressure of 120lbs per square inch.
wAll the above Machinery is new,
in perfect order and right from the man
ufacturing establishments where it was
made.
90 Having very large stock of ma
terials on hand, purchased at the lowest
possible prices by our Manager when
recently in Europe and the United
States, we are prepared to furnish any
kind of Sugar Machinery on short notice
and at prices to suit the times.
HONOLULU IRON WORKS CO.
| 1884 2821-tf
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1891-07-27
Builders Of Steam J

! ~ oAA Ak1 eAuats<*f
Steamboat, Steamship. Land Enghl
! High Pressure or Conp'l1
STEAM VESSELS Of all kinds by
| with hulls OF wood, Iron or comp
ORDINARY ENGINES conpSl'a3
| vtsable.
STEAM LAUNCHES, Bargss inash
structed with reference tone
they are to be employed. Speed
draft Of water guaranteed
SUGAR MILLS and Sugar MAIN
made after the most approved
Boiler Iron Work CONNECTED 'ha
WATER PIPE, Of Boiler o. as1
size, made In suitable isnga.
together, or Sheets rolled pai' y
for shipment. ready 70 " ~
ground. ii
HYDRAULIC RIvETING, blla vi
Pipes made by this eitao lls1n's y
hydraulic rivetiRg micnlnsis;. I
work being far superior 70 a'ls
SHIP WORN, Ship and stsas !.
Winches, Air and Cirsuau4
after the most approved pam
SOLE Agents and msnui,e,na .,I.,
Coast OF the define ssis'! 0'''-
pUMPs-Direct Acting Pu \. p,,'
city works purposes Dul I. INV
Davy Valve Notion sup'i"
pump.
JOHN DYER...."."''''"
Room No. 8. upstairs 'p'"
1851 1850
The Durham recorder. [volume] (Durham, N.C.) 1879-19??, 1891-02-18
Yours very truly,
GROVER CLEVELAND.
'sNeyer Look at the Clock"

1t is the little things that give
the best insight into a mans
character-things which he does
inyoluntarily and when he is
off guard. Any man may learn
much about himself by taking
notice how he is accustomed to
spend his odd minutes and his
loose change.
For the same reason there is
no little shrewdness in a saying
which is attributed to Edison.
According to the story a gentle
man introduced his son 10 the
famous electrician, and in the
course of the conversation sug-
gested that he should give the
young fellow a motto for his
business career, upon which he
was about entering.
Edison was silent for a mo-
ment, and then said, Never
look at the clock!"
Probably the boy was more or
less mystified by this laconic ut
terance, but he will not be long
in tue company of clerks or day
laborers without discovering
that those who take so little in
terest in their work as 10 be
continually asking what time
it is are not the ones who get
on in the world.
Success is not for the lazy or
the Indifferent. As some one
has said, "The carpenter who
stays fifteen minutes after hours
to finish q job is working to-
wards a shop Of his own
The Durham recorder. [volume] (Durham, N.C.) 1879-19??, 1891-02-18
Cleveland Against Free Silver
Coinage.

n 4 7
| NEw,,YoRK, Feb. u.--Between
6O0 and 700 people attended a
mass meeting at Cooper Union
tonight to oppose the silver bill
in response to a call of the Re-
form club. Charles s. Fairchild,
lex-Secretary of the Treasury
dominated 4. e. Ellery Ander-
son president of the Reform
club, for chairman of the meet
ing and he was elected by ac-
clamation.
Mention Of Grover Cleveland's
name was the signal for a pro-
longed burst of applause, and
when the secretary had finished
reading his letter the applause
was deafening.
The eY-President wrote as
follows:
Sl6MADIsoN AVE, Feb. 10, '91.
Ellery Anderson:
MY DEAR SIR:-I have this af-
ternoon received your note in
viting me to attend tomorrow
evening a meeting called for the
purpose of voicing the opposi-
tion of the business men of our
city to the free coinage Of silver
in the United States. ] shall
not be able to attend and ad-
dress the meeting as you request,
but / am glad that the business
interests of New York are at
last to be heard on the subject.
1t surely cannot be necessary
for me to make q formal ex-
preston of my agreement with
those who believe that the great
est perils would be invited by
the adoption of the scheme en-
braced in the measure now
pending in Congress for an un-
limited coinage of silver at our
mints. If we have developed
an unexpected capacity for as
|similation of the largely increas-
ed volume of currency, and even
If we have demonstrated the
usefulness of such an increase,
these conditions fall far short
of insuring us against disaster,
if, in the present situation, we
enter upon the dangerous and
reckless experiment of free, un-
limited and independent silver
coinage.
Yours very truly,
GROVER CLEVELAND.
The Durham recorder. [volume] (Durham, N.C.) 1879-19??, 1891-02-18
industrial Items.

Mr.. Lawrence s. Holt has
built an addition of 100 feet, 2
stories, to his cotton mill, the
Aurora, at Burlington, and it is
being filled with machinery.
This mill, when full, viii con-
tain 1900 spindles aud $50 looms
by no means q small affair.
Our young friends Robt. L.
and Jas. II. Holt, Jr., have
christened their handsome new
cotton mill at Burlington with
the euphonious name Windsor.
1t il ready for the machinery.
1t has not been our pleasure to
visit the mill, have only seen it
in passing, but it is a very hand
some building.
Altamahaw cotton mills have
recently been enlarged by the
addition of looms enough to fill
the building used for a grist
mill, and the grist machinery
has been secured by Barnett
Bros, who are energetic young
men and moved 70 haywood,
their place in Morton's town.
ship, and will be driven by
steam. Barnett Bros. already
have wool-carding and other
machinery in successful opera
tion.
The Durham recorder. [volume] (Durham, N.C.) 1879-19??, 1891-02-18

hAttfH N%rn eAt 1'fNs FttT
We are indebted to Treasurer
Balm for a copy Of his biennial
report. from which we gather
that if there be no increased ap-
preparations there need be no
Increased taxation. Whether
there are to be increased appro-
priations is then amatter of con-
Germ. His estimates are for the
|penitentiary, $250,0O0; insane
asylums, $l72, 500; Deaf and
Dumb and Blind Institute, $780,
600; for interest on the per
cent. bonds, $4,000; for PEN
sions, $93, 900; public printing,
$2O, 900; for other items, $685. :
600, making a total of 5000, 400,
not including the interest on 8
per cent. bonds, which will be
met by railroad dividends.
The estimated revenues he
states as follows: Penitentiary
earnings, $2l5, 200; State tax of
25 cents, 1886, $50; the 8 cent tax
for pensions with Q cent poll
tax, $s4, 900; other taxes $ll9,-
600; total, $954,75O Tie treas
urer has a balance now on hand
of 1874, ,408.97.
An appropriation of $10,C00 is
proposed for the normal school
for girls; one Of $25, 900 is asked
for the Agricultural College, and
il may be that other new appro-
priations will be made. Besides,
more old bonds are TO be fund
ed, which will increase the in
terest charges.
There are outstanding 81 ,576,-
600 OF old bonds, which il fund
ed would increase our per cent.
debt 100000, entailing an adj
ditional interest charge Of $16,-
600. The Bureau of Labor
Statistics is to be provided for
by a separate Appropriation, as
we understand. The fish inter-
est has already involved some
expense, and an appropriation
of not less than $25, 900 ought to
be made for that, although SO
much may not be needed. There
is a probability of additional
appropriations being made to
between $50, 900 and 100000.
One cent of tax will raise $780,
600 of income; and it looks as if
an additional tax of 4 cents will
be requisite If the State is to do
what she ought to do. Then
there is q demand for increased
school terms, which, if favor
ably considered, will require an
addition to the school tax. Gov
|ernment is necessarily expen-
sive, and while the State ought
to do what is necessary in the
way Of fostering her puolic in
terests, the Legislature ought
TO be careful that no opportun-
ity is afforded for the people to
suspect their representatives Of
extravaganza or a want Of due
economy.
The Durham recorder. [volume] (Durham, N.C.) 1879-19??, 1891-02-18
Acting Rip Van Wrinkle.

North Carolina is now suffer-
ing for the lack of q thorough
survey Of her resources. That
she has within her borders valu-
able deposits Of iron, gold, sill
yer, kaolin, corundum, mica,
&C., is known, but she is doing
practically nothing in the way
of exploring and advertising
these resources. Millions Of
dollars Of capital are now nov
ing southwark, but North Caro-
lima is doing nothing TO secure
her share. The old North Caro-
lima surveys under Kerr and Em-
mons were handicapped with
too great a variety Of work and
a smallI appropriation. Hence
the work OF these ger -,.emen
naturally lacked thoroughness,
and the information they furnish
is inadequate for the demands Of
modern investors, and more
over their reports are out Of
print. There Is now great need
Of a careful and thorough sur
vey Of the mineral and ore de-
posits Of the State, the reports
Of which should be widely dis
tributed. Such q survey as that
indicated will cost money, of
course, but the results will re-
pay the State a thousandfold.
The old survey, between 1870
and 1880, brought into the State
several millions Of dollars.
Much more may be expected Of
a thorough, modern survey, now
now that there is o much more
general southwark movement
of capital.
The Durham recorder. [volume] (Durham, N.C.) 1879-19??, 1891-02-18
A shining Example.

The attention Of suffering
wives is called 10 the plan oi
campaign adopted by Mrs. Coo
ney Wagner of Pittsburg, whose
husband came home late from
his club one night, suffering
from the astigmatisin which al
ways follows oyerindulgencc in
iced beverages. She let Cooney
have his own way from the time
Of his arrival iii the house until
he fell quietly oil intosthe arms
of Morphe as. When he at
tempted TO argue with her, u.s.
ing a frying pan to emphasize
his points, she suffered in 81
lence. When he renewed the
controversy by striking her over
the head with O tea cup, thrown
with wonderful dexterity con-
sidering his condition, she ut
tered no word Of complaint, but
sat silent. But when Cooney,
weary of his oratorical efforts,
subsided into a deep and solne-
what sonorous slumber, Mrs.
Wagner realized that the time
for action had arrived. She was
no longer silent and suffering.
She became a bundle of aggres-
sive neryes-an Empress Jo-
sephine of Domesticity, as it
were. Going into the back
yard of her residence, she gath
cred together all the clothes
line within reach, and with this
she bound the dreaming Cooney
hand and foot, and tnen sat
down to wait.
Morning came, and with it
come Cooney to his senses. He
found himself lying on his
downy couch face down, his
arms bound by the stout cords,
his feet and legs imInovable
from the stme cause. Then Mrs.
Wagner rose in her might, aud
seizing a large, fiat shovel, she
let the recalcitrant Cooney have
il for all she was worth. For q
full ten minutes did she spank
her now repentant lord and
master until he howled with
pain and, il may be presumed,
modification. The spanking
administered, the lady-who now
resembled Bellona, the God
dess of War, rather than the
meek Mrs. Cooney, the victim
of intolerable peace-loosened
the bonds about her husbands
legs, and led him, still restrain
ed as to his arms, to the police
station, and had him elected to
a term in the Workhouse.
The Durham recorder. [volume] (Durham, N.C.) 1879-19??, 1891-02-18
Al Western Opinion Of the Crop
of 1890.


The returns that we have pub
lished from tho Virginia and
North Carolina markets prove
that the movement of the 1890
crop was overestimated. Few
markets show any material in
creasein the amount marketed
in the last four months Of 1890, as
compared with the same period
Of 1889, and q number showed q
decline. It is true some Of the
new markets had no sales in
1889, but it is also true that not
much Tobacco was grown in
their vicinity in 1889, so that
really there is relatively as
great q proportion of the crop
10 be marketed the first half OF
this year as there was of the
1889 crop to be marketed the
first half Of 1890. But many lie.
clare that a very large proper
tion of the crop is sold in many
sections, and II that is the cast
il only proves that the 1890 crol
has been oyerestimated, ant
that it Is likely 20 piove rela
lively smaller than the 1889 crop
when the increased acreage o
1900 ID considered.
The Durham recorder. [volume] (Durham, N.C.) 1879-19??, 1891-02-18

James Walker, a gentleman
who honors Kansas by residing
in Il, has recently developed a
peculiar weakness for placing
his wife upon the hot stove, and
saying IL was his way Of show
ing the warmth Of his affection
for her. The citizens are think
ing of laying him out upon the
ice and pouring water upon
him until he is frozen in. II
might do him good, but IL would
spoil the ice.
The Durham recorder. [volume] (Durham, N.C.) 1879-19??, 1891-02-18

Notice Is hereby given that ap-
blication will be made TO the pres.
ent General Assembly to incorpor-
rate Railroad Company, to build
aud operate Railroad from some
point in or near the Town of Dur
ham to some point on the Durham
and Northern Railway. between
East Durham and Ellerby Greek.
January 26th, 1891. At.
The Durham recorder. [volume] (Durham, N.C.) 1879-19??, 1891-02-18

Mrs. Salter, a nervous looking
and timid little woman, who
bosses a big husband, looks af-
ter six children and does her
own housework, Is the Mayor Of
Argonia, Kan, and when any
of the Aldermen get 10 be sassy
or obstructive she Just walks up
to them, asks If they consider
themselves gentlemen" and
threatens 70 tell their wives
about their carvings on. She'd
| like to see them attempt 10 over
ride one Of her yetoes.
The Durham recorder. [volume] (Durham, N.C.) 1879-19??, 1891-02-18

Carthage Blade: Mr.. Glib
Bufe Of Greenwood captured an
escaped convict at the residence
of Mr.. X. A. Wicker, last Thurs
day supposed to be Archy White
coiored. who went from this
county to the penitentiary about
thre years ago. Hewas attempt
ing TO steal some of Mr.. Wicker's
clothing-
The Durham recorder. [volume] (Durham, N.C.) 1879-19??, 1891-02-18

The claim that the King OF
Holland got q divorce from his
first wife because she used
musk for a perfume" does the
lady an injustice. She was OBJ
liged to use some strong disin-
fectant to discount the ever-pre-
sent aroma Of Holland gin and
fried onions which her royal
husband insisted upon carrying
around with him.
The Durham recorder. [volume] (Durham, N.C.) 1879-19??, 1891-02-18
ADMINISTRATORS NOTCH.

Having qaslifed az Admini.trator
Thos j. Leigh and Lousis Leigh,
dece4ed, Il hereby M
ufy ali prrshns Indebted 10 said
es:st- u make immediate settlement
aui 81 persons having claim agaiust
.aii estate II present them 70 me,
verili,-d. % before Jan. Is. la92,
rthis NO ice will be plead IN bar.
s. j. GARRETT,
The Durham recorder. [volume] (Durham, N.C.) 1879-19??, 1891-02-18

The advantage Of electing a
Farmers Legislature in Kansas
has already begun 70 bear fruit.
Theodore Calf has just applied
| TO Il to have his name changed.
The Durham recorder. [volume] (Durham, N.C.) 1879-19??, 1891-02-18

ffg-I,oh. Mango. and Scratches on
human or ANIMALS cured IN 80 minu.
tes by Wooliord's Sanitary Lotion.
This never fails. Sold by
N. Al. JoHSsos a. Co.. Druggist
Durham, N y
The Durham recorder. [volume] (Durham, N.C.) 1879-19??, 1891-02-18
ADVICE co mother ..

.lrs. winslow's Soothing 4 Syrup
should always be used for children
teething. II soothes the child, softens
the gums, allays all pain, cures wind collie,
aud Is the best remedy for diarrhoea.
Twenty-Five cents bottle.
sep 27-d-w-1y.
The Durham recorder. [volume] (Durham, N.C.) 1879-19??, 1891-02-18

jeremiah Simpson denies the
sockless impeachment. He says
he not only wears short hose
but in winter sleeps in them.
The Durham recorder. [volume] (Durham, N.C.) 1879-19??, 1891-02-18
y /, 1,.veoine poweru S Govt Report Aug ~ 1859
R9y!as!!! g! Rss'ss Bsxas,
ABSOLUTELY PURE
ABSOLUTELY PURE

FRS -All Flte stopped free by
ID. KIinen Great Nerve Rertorer.
No Fit after first days use. Mar
velois cures rreatise and ~ 90. t,ial
bottle lres 10 Fit csses. send 70 Dr.
Kline, 93l Arcn street, philadelphia,
la.
The Durham recorder. [volume] (Durham, N.C.) 1879-19??, 1891-02-18
r.,e. /, r,rs-. uses..r pies.

ssaRrons-N Moisture, intent itchlnes u stiar
ins: most a. nisht; sor-e BY scratching. hkilos.
- - nonttnas tamors form. shich oftea blesd
ard alcrFats, b.elminR sery snrs sssIkH .
oINI nfxt stJss the itcidns snd t.s-iihE. heals
alcarktisa. ard IL most ca-s. rrmcses n tsm.
nrs A. druggists. o. BY Nal or ~ uents. m.
sw.yns 4 an Philsaelphl..
HOW 70 care Az skis Dise~s~ss"
samply apply sswsyns's Ointmeat No inisr.
nsl medifina required. Cures tsttsr. esxsus.
i,ch ~ eruptions On the fee. hands nsss. sfe..
leaving the ekin clear vhite and healthy ~
b. no oshsf r-gsdy. Ask your druggist ier
sHayns't olntmtnt.
The Durham recorder. [volume] (Durham, N.C.) 1879-19??, 1891-02-18

Greenboro Workman: James
B. Mason, has purchased for
certain Northern men Of means
and distinction, several thou.
sand dollars worth Of Chapel
Hill property, where they will
make their temporary home!
during certain seasons of th,
year.
The Durham recorder. [volume] (Durham, N.C.) 1879-19??, 1891-02-18

w0mali her Diseases and their
treatment.
y pages, Illustrated; price Soc
Ssnt uion receipt OF l0c. cnst II
mailing, etc. hddr-s Prof. r. II
KLINE, M. d.. 93l Arch ST., PhIh
Pa. +.
The Durham recorder. [volume] (Durham, N.C.) 1879-19??, 1891-02-18

- t--~
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1891-01-08
SEMI ANNUAL DIVIDEND DECLARED.

The director, Of the Louisville and Nashville ycNtcr
day declared "a cash dividend of II per cent from
the earnings from the last six months of 1880. II IS
pay able February ., the books closing on January
~. mi, dividend marks the abandonment OF the
polIc Of issuing scrip for dividends, the recent dec
raton, having been largely in scrip. Friends Of the
company expressed qualification at th, step. and the
financial statement OF the six months, showing surplus
after cargs and d, dcnds o. T3s6,j2i was regarded
as iaticrlue
The Denver and Rio Grandc directors also declared
"A dividend oI = per the preferred stock out
Of the earning, Tor the last months Of l-Do, which
form the first half Of thc company new FISCAL year.
II +, payais February 10 to stockholders Of record
Of January n The company earned Ia the siA months
4j5i 1876 In excess Of all payments The last dividend
paid = per cent Ia last August, from the earn
iuus ~ previous periods Heretofore the surpu,
ine- have been distributed to stocA0ldcr, accordingly
-, the directors deemed IL 10 be prudent. The present
declaration of dividend place, the preferred stock in
tho list Of . per cent dividend payers.