davidaulloa/AmericanStories huggingface dataset:
The Hawaiian gazette., 1894-07-10
OPINION OF THE COURT BY BIcKERToN.

| OPINION OF THE COURT BY BICKERToN, J.
This matter comes here on bill
of exceptions from the Circuit Court
of the Fifth Judicial Circuit, March,
Term, 1894 The case was there
heard on appeal from the District
Court of Koloa, the jury being wsiv-
ed. During the progress of the case
the defendants counsel set mp the
plea of res adjudicdtd, it having been
agreed by the parties that the re
cords and the evidence in two former
cases, one to recover possession of
this same COW by the present defeud
ant, and one to recover damages for
the alleged detention and use of
the same, by the same plaintiff,
should be received as evidence and
considered by the Court in this
case. After due consideration the
Court sustained the plea of res adjud-
icata and gave judgment for the de
PENDANT, the plaintiff tax ng excep
tons. The plaintiffs counsel claims
that the plea could not be entertain
ed in the Circuit Court, 1t not having
been made in the lower Court. We
are not of that opinion. 1t was II
general appeal and the case came up
de nOUo; it was perfectly Competent
for the defendant to Set mp this de-
fence in Inc Appellate Court. All
the records in the former case were
admitted by consent of parties and
became part of the general issue.
Judge Hardy III his decision appeal
ed from says: "The ownership of
the cow in question was
decided by the Judgment of the
lower Court, and no lawful appeal
having been taken, that Judgment
became res adjudicatG aud might well
have been pleaded by defendant at
the trial # case number 3 this case)
in the District Court. That it Was
not then pleaded should not prevent
the Court from taking notice of it on
appeal, ON the principle that a plea
that would destroy the foundation of
an action should be considered, if
raised for the first time on appeal"
SEE Encycl. of Law, vol. 1, p. ga.
After an examination Of the plead
ings and records in this case anu 81: q.
first one pleaded in bar it seems to
us that the question in issue, viz,
the ownership of the said COW is the
same in both cases, both cases being
replevin; the parties were virtually
the same though nominally different;
in this case the daughter suing by
her father, in the first case the father,
who was the nominal defendant, de
Tending in right of his daughter, be
being by statute the natural guard
ian of her person and property and
entitled to prosecute aud defend all
actions in which she or her property
may be concerned.
In Kaleialii V. Grinhaum ct al,
decided by this Court July 81, 1893,
the Court say:
at is not necessary that the part
les to the two suits should be nOmin
ally the same; it is sufficient If they
are really and substantially the same
in interest"
We are Of the opinion that the rul
ing Of the Circuit Court should be
sustained.
The exceptions are overruled.
A. Rosa for plaintiff; A. S. Hart
we'll for defendant.
Honolulu, July 3. 1894.
The Hawaiian gazette., 1894-07-10
stalled
The Government May Be Sued

The effort to collect the hospital
tax from japanese contract labor
ers, which was made in the Courts
yesterday has failed SO far, but an
appeal has been taken to the Su-
preme Court. If the case is de-
cided in favor of the claim it is
said that the Hospital Trustees
will sue the Collector General on
his bond for lot collecting the tax.
The Hawaiian gazette., 1894-07-10
Reciprocity affairs.

The meeting of the Reciprocity
Sugar Company called for yester-
day was adjourned over until to-
morrow, when it is hoped that the
affairs of the company will be- sat
isfactoriIy settled. The prospects
for the coming crop are exceeding
ly fine. Plenty of water has been
obtained and at least 1900 tons of
sugar are expected The planta-
ton has never been in finer condI-
ton.
The Hawaiian gazette., 1894-07-10
Booked 10 Leave.

The following persons are booked
to leave for San Francisco on the
Australia:
T. J. Birch, G. It. Gillette, w. w.
Schmidt, wife and 3 children, G.
G. Kennedy, wife and 2 children G..
n. Spencer and wife, Edgar Sachs,
Misses Perry (2), Rev. NJ. Lovejoy.
Mrs. w. G. Weldon ard daughter, A.
r. Cunha, Mrs. T. II Hebron, Miss l..
X. Gray, r. J. Umstaetter, c. Barrett,
j. Steiner and wife.
The Hawaiian gazette., 1894-07-10
REVEALED BY PHOTOGRAPHY.
A Faded Signature Brought to Light
By the Camera.

An instance Of the use of photo
graphy in important legal matters
is given in what is known as the
famous Stubblefeld-Munford con-
troversy. 1t involved the owner
ship of 1900 acres of valuable land
Fayette County, o. During Mon
roe's administration this tract was
willed by one of the old Munfords
to his five heirs, and the present
suit was brought on the deed of
sale signed by them. The Munford
heirs decided the land to Stubble-
field, who afterwards sold parts of
it to different parties, who had to
pay twice for their land. The deed
of sale, discolored and yellow with
age, showed only four signatures
and space for a fifth, and the
closest scrutiny could not discover
the fifth. On this signature turn
ed the question at issue. 1t was
finally decided to photograph the
signatures and see if the course
would disclose the fifth name; this
was done under the direction of
the Court by a Photographic ex-
pert named Spencer and under the
closest watch of the clerk of the
Court, who could not allow the
original to leave his hands. On
the plate he saw traces of the sig
nature, and, on enlarging the ne
gative ten times, the entire name
was as plainly seen as when writ
ten.
The Hawaiian gazette., 1894-07-10

The ADVERTISER is deliver.
ed by carriers to AIRY part of
tie city for IS cents a month, In
advance. Subscribe now ard Keep
mp with the new year. Ring up
Iele?bOuS M. IS.
The Hawaiian gazette., 1894-07-10

The night blooming cereus at
Oahu College is now out in all its
splendor and is attracting a number
of visitors. The magnificent flower
is a great wonder, even to those
who live here and have been used
to it for years, but much more so to
the many tourists who see it.
The Hawaiian gazette., 1894-07-10

The regular monthly meeting of
the Woman's Board will be held
this afternoon at 2:30 o'clock in
the vestry of Central Union church
The missionary ladies going to
Micronesia will be present. The
Executive Committee will meet at
9 o'clock.
The Hawaiian gazette., 1894-07-10

Hon. Gorham D. Gilman, of
Boston, arrived on the Mariposa,
accompanied with his wife, and
will spend few weeks in visiting
the islands. They are at present
the guests of Mr.. and Mrs. Peter
c. Jones. Mr.. Gilman formerly
resided at Lahaina, where be car
ried on ship chandiery business,
10 the days when fifty to one hun
bred whaleships visited that port
annually. About the year 1862 he
aeturned to Boston. where he has
since resided, being a partner in
the frIu of Gilman Brothers, drug
gists.
The Hawaiian gazette., 1894-07-10

Theo. H. Davies g. Co. have in
corporated and have elected the fol-
lowing officers: T H. Davies, Man
aging Director: T. R. Walker and
F. NJ. Swanzy, Directors E. w.
Holdsworth, Secretary, and W. H.
Baird, Treasurer.
The Hawaiian gazette., 1894-07-10

The affairs of the Volcano House
Company have been placed on a
satisfactory basis at last. Ten
thousand dollars worth of bonds
have been issued which will COM
pletely cover all debts. The out
look for the company is very fat
tering.
The Hawaiian gazette., 1894-07-10
JUNE TERM. 1894.
MARIA JARDIS BY NJ. r. JARDIN HER
FATHER AND NEXT FRIEND Va. L.
MADEIRos.
BEFORE JUDD, CO., BICKERToN, AND
FRRAR, u.
REPLEVIN FOR A COW.

A plea of former judgment though not
made in the District Curt may be
entertained when made in the Circuit
Court on general app al.
The Hawaiian gazette., 1894-07-10

James Steiner, accompanied by
bis family, will soon leave for a
visit to San Francisco.
The Hawaiian gazette., 1894-07-10

Mrs. T. II. Hebron is booked 10
leave on the Australia.
The Hawaiian gazette., 1894-07-10

1t is expected that Captain Bar
ker's successor will arrive on the
Australia.
The Hawaiian gazette., 1894-07-10

Cashmere Bouquet, a favorite
soap, is for sale at the Hollister
Drug Company's store.
The Hawaiian gazette., 1894-07-10

A bitter controversy arose in the
police court yesterday over the
question whether a lantana hedge
was a fence or not. The lawyers
nearly came to blows about it.
The Hawaiian gazette., 1894-07-10

Minister Wodehouse and Consul
General Fujii have ACKNOWLEDGED the
receipt of the notification from the
Government of the formation of
the Republic.
The Hawaiian gazette., 1894-07-10

Minister Willis made an official
call on President Dole on Saturday
morning.
The Hawaiian gazette., 1894-07-10

The new march, recently written
by Professor Berger, called the
" New Republic" was greatly en-
joyed by those who went to Emma
Square last evening.
The Hawaiian gazette., 1894-07-10
LOCAL BREVITIES.

Two new band boys are expected
on the Australia.
The Hawaiian gazette., 1894-07-10

About 700 japanese laborers will
leave Oh the Mmki Maru.
The Hawaiian gazette., 1894-07-10

Some ruffian recently cut out the
tongue of COW belonging to Paul
Isenberg The Marshal offers a
reward of 800 for the capture of
tie brute.
The Hawaiian gazette., 1894-07-10

The lease to premises at kama
liu, North Kona, will be sold at
auction on July 10Th by Morgan.
The Hawaiian gazette., 1894-07-10

Charles J. Fishel has been ap-
pointed Custom House appraiser.
He commenced work on last Mon
4day.
The Hawaiian gazette., 1894-07-10

Mrs. J. n. Gilman and Mrs DR..
Day deserve the glory for the decor
atoms on the Fourth which took
the first prize.
The Hawaiian gazette., 1894-07-10

Master A r. Cuuha will leave
for San Francisco on the Austria
LA.
The Hawaiian gazette., 1894-07-10

Rev. T. D. Garvin will give a
lecture at the Y NJ. G. A. this
evening. His subject will be "The
Golden Chain of the Bible"
The Hawaiian gazette., 1894-07-10

w. w. Schmidt aud family will
soon leave for a visit to San Fran
cisco.
The Hawaiian gazette., 1894-07-10

The trustees of the Queens Hos
pital have decided 10 repair the
Green Emma Hall, on the corner
Of Nuuanu and BeTetania streets.
The Hawaiian gazette., 1894-07-10

The boat bows declare that they
can beat the Philadelphia men
any time. A race will, in all
probability, be arranged in the
near future.
The Hawaiian gazette., 1894-07-10

A large number of Hawaiian boys,
who have been attending schools
and colleges abroad, are expected
on the Australia next Saturday.
The Hawaiian gazette., 1894-07-10
LOCAL BREVITIES.

Hay Wodehouse was at his desk
Yesterday Tor a few hours.
The Hawaiian gazette., 1894-07-10

The San Francisco Wasp recent
" published picture of Miss May
Nannary, the leading lady of the
Daley Stock Company.
The Hawaiian gazette., 1894-07-10

A number of the local sports got
dumped" at the Maui races. Then
again, others didn't, but brought
considerable good Maui money to
the capital.
The Hawaiian gazette., 1894-07-10

A number of persons are already
booked to leave on the next Aus
tralia.
The Hawaiian gazette., 1894-07-10

J. F. Egan has sold the big flag
that has hung on the American
League flag pole SO long to that
organization.
The Hawaiian gazette., 1894-07-10

The good program arranged by
Professor Adelstein's concert on the
18th includes the best of Homo
lulu's musical talent.
The Hawaiian gazette., 1894-07-10

LOCAL BREVITIES.
Two new band boys are expected
on the Australia.
Mrs. T. H. Hebron is booked &c
leave on the Australia.
About 700 japanese laborers will
leave on The MIiki Maru.
Minister Willis made an official
call on President Dole on Saturday
morning.
1t is expected that Captain Bar
ker's successor will arrive on the
Australia.
James Steiner, accompanied by
bis family, will soon leave for q
visit to San Francisco.
Cashmere Bouquet, a favorite
soap, is for sale at the Hollister
Drug Company's store.
The lease to premises at kama
liu. North Kona, will be sold at
auction on July 10th by Morgan.
Charles J. Fishel has been ap-
pointed Custom House appraiser.
He commenced work on last Mon
day.
Mrs. J. n. Gilman and Mrs DR..
Day deserve the glory for the decor
atoms on the Fourth which took
the first prize.
Alarge number of Hawaiian boys,
who have been attending schools
and colleges abroad, are expected
on the Australia next Saturday.
The trustees of the Queens Hos
pital have decided 10 repair the
Green Emma Hall, on the corner
Of Nuuanu and Bvretania streets.
The boat bows declare that they
can bat the Philadelphia men
any time. 4 race will, in all
probability, be arranged in the
near future.
A number of the local sports got
dumped" at the Maui races. Then
again, others didn't, but brought
considerable good Maui money to
the capital.
An enthusiastic native writes
down from Hookena, and winds up
his communication with the utter
ance: "He Republica Hawaii
Good Boy"
E. S. Cunha will erect two
story brick building on the site
formerly used by Wright's car
riage shop. The ground is now
being cleared.
William II. Crossman, the well.
known shipping merchant, died at
New York on June 18th. The
house of w. H. Crossman & Bro.
is Castle & Cookies New York
agency.
In the Freshman race, which
took place on June 2Sth, the Yale
crew won easily from Columbia
and Harvard, the crews finishing
in the order named. James R.
Judd, a son of the Chief Justice,
pulled seventh oar.
William Daley, who recently
had a prosperous theatrical season
in this city. will pay another visit
about October. This time he will
bring a comedy company which
will include a number of good
singers. May Nannary recently
played starring engagement in
San Francisco at the Grand Opera
House.
Someone, evidently suffering Sc
verely for a drink, forced one of
the windows of St. Andrews Cathe-
dral yesterday afternoon, and broke |
open the cupboard where the wine
for the communion is kept. He |
took all the wine, leaving behind |
him the half used stump of a cigar.
No attempt was made to disturb
else in the church.
W. L. Hopper met with what
might have been serious accident
night. Feeling i'll dur
ing the night he rose, but after
taking a few steps he fell to the
floor IN a faint. AS be fell, his
head struck hard wood chiffOnier
which cut bis face severely. A
physician was summoned and it
.ook several stitches to repair the
The Hawaiian gazette., 1894-07-10

An enthusiastic native writes
down from Hookena, and winds up
his communication with the utter
ance: "He Republica Hawaii
Good Bow"
The Hawaiian gazette., 1894-07-10

William Daley, who recently
had prosperous theatrical season
in this city. will pay another visit
about October. This time he will
bring a comedy company which
will include a number of good
singers. May Nannary recently
played a starring engagement in
San Francisco at the Grand Opera
House.
The Hawaiian gazette., 1894-07-10

E. S. Cunha will erect a two
story brick building on the site
formerly used by Wright's car
riage shop. The ground is now
being cleared.
The Hawaiian gazette., 1894-07-10

Judge Robertson finds his hands
full of work again now that he is
back at the old stand in the Dis
trict Court.
The Hawaiian gazette., 1894-07-10

In the Freshman race, which
took place on June 18th, the Yale
crew won easily from Columbia
and Harvard, the crews finishing
in the order named. James R.
Judd, son of the Chief Justice,
pulled seventh oar.
The Hawaiian gazette., 1894-07-10

Among the outward passengers
by the steamship Warrimoo were
Mr.. and Mrs. Bushee, who intend
visiting the old home in Massachu-
sets, having resided here and on
Maui for about twenty-five years.
OF late years Mr.. Bushee has filed
the position of bookkeeper in the
prosperous stove and house-furnish-
ing establishment of John Mott, on
King street.
The Hawaiian gazette., 1894-07-10

yesterday Tor few hours.
Master A R. Cunha will leave
for San Francisco on the Austria
LA.
w. w. Schmidt aud family will
soon leave for visit to San Fran
cisco.
a number of persons are already
booked to leave on the next Aus
tralia.
John Kakae has been appointed
poundmaster Of North Kona, Ha-
waIi.
Troops from the Philadelphia
will be landed this morning for
drill.
Hon. Gorham D. Gilman and
wife will leave today for a trip to
the volcano.
The Hawaiian Messenger Service
has caught on. The new industry
deserves success.
The motion for a new trial in the
case of Ben Gallagher, convicted
of mayhem, has betn overrued.
Mr.. and Mrs. G d. Gilman, Miss
Mott-Smith, and Miss Secomb will
leave for the Volcano this morning.
James F. Morgan and William
H. Hogs will leave on the w. G.
Hall today for brief visit to Ha-
waii.
An examination for primary
grade certificates will be held az
the Fort street school on August
I'd and Sd.
Judge Robertson finds his hands
full of work again now that he is
back at the old stand in the Dis
lTlCG COurl.
J. F. Egan has sold the big flag
that has hung on the American
League flag pole so long to that
organization.
The good program arranged by
Professor Adelstein's concert on the
18th includes the best of Homo
lulu's musical talent.
The San Francisco Wasp recent
" published picture of Miss May
Nannarv, the leading lady of the
Daley Stock Company.
The Hawaiian gazette., 1894-07-10

William H. Crossman, the well.
known shipping merchant, died at
New York on June 18th. The
house of w. H. Crossman & Bro.
is Castle & Cookies New York
agency.
The Hawaiian gazette., 1894-07-10

Someone, evidently suffering Sc
verely for a drink, forced one of
the windows of St. Andrews Cathe-
dral yesterday afternoon, and broke
open the cupboard where the wine
for the communion is kept. He
took all the wine, leaving behind
him the half used stump of a cigar.
No attempt was made to disturb
ANYTHING else in the church.
The Hawaiian gazette., 1894-07-10

An examination for primary
grade certificates will be held a.
the Fort street school on August
I'd and Sd.
The Hawaiian gazette., 1894-07-10

James F. Morgan and William
H. Hogs will leave on the w. G.
Hall today for a brief visit to Ha-
wall.
The Hawaiian gazette., 1894-07-10

Mr.. and Mrs. G D. Gilman, Miss
Mott-Smith, and Miss Secomb will
leave for the Volcano this morning.
The Hawaiian gazette., 1894-07-10

w. L. Hopper met with what
might have been serious accident
Saturday night. Feeling ill dur
ing the night he rose, but after
taking few steps he fell to the
Aoor In faint. As be fell, his
head struck hard wood chiffonier
which cut bis face severely. A
physician was summoned and it
took several stitches to repair the
damages.
The Hawaiian gazette., 1894-07-10

The motion for a new trial in the
case of Ben Gallagher, convicted
of mayhem, has betn overru!ed.
The Hawaiian gazette., 1894-07-10

John Kakae has been appointed
poundmaster Of North Kona, Ha-
wall.
The Hawaiian gazette., 1894-07-10

The Hawaiian Messenger Service
has caught on. The new industry
deserves success.
The Hawaiian gazette., 1894-07-10

Hon. Gorham D. Gilman and
wife will leave today for a trip to
the volcano.
The Hawaiian gazette., 1894-07-10

Troops from the Philadelphia
will be landed this morning for
drill.
The Globe-republican., 1894-09-07
SCIENTIFIC SCR Ups.

POWDERED aluminium mixed with
binoxid of sodium constitutes power
full explosive.
THE Massachusetts, state board Of
health has just issued circular which
It is hoped will aid in the suppression
Of consumption. 1t places the annual
deaths in the state from it at nearly six
thousand.
THE head and face have eighty three
muscles; the neck has forty-nine: the
thorax, seventy-eight; the abdomen,
thirty-three; the back, seventy-eight;
the upper extremities, ninetv-cight;
the lower, one hundred and eig
PROF. DEwAR has demonstrated that
metals augment their magnetic quail
ties and increase in strength by diminu-
ton of temperature. Iron atone
hundred and eighty degrees can en-
dure double its normal tensile strain.
A COURSE Of lectures at the Royal in
stltution which has created much in
terest is that by Capt, Abney. on color
blindness. Excessive tobacco smoking
has long been known to be an i'm
portant factor in color blindness. and
Capt. Abney indorses the truth of this
observation.
The Globe-republican., 1894-09-07

men and went down the river and out
to sea for weeks tarpon fishing. The
moment she was in the gulf, she
headed south by west and on the after
noon of the 25th encountered q
schooner from which she received the
guns that had been picked up on the
Bahiata bank.
On the 18th, she was of q point on
the Georgia coast known as the Piney
Stretch and sent boat ashore in the
night. An hour later she pulled into
q bay in the most deserted spot of that
coast and was loaded with q moderate
amount of munitions of war. On the
morning of the 30th she touched at st.
Augustine guardedly and there Hen
bricks received . message from New
York in cipher. It read thus:
'sThe Corinthian sails 1t six .. m. on
the Sd; three millions in gold; men all
taken passage"
What occurred after this can be best
told with the subsequent variations
and confessions In view.
The English steamer Corinthian.
when three days out sighted ct nine
o'clock a . clear. calm morning .
The Globe-republican., 1894-09-07
BOARDING HIS MAGPIE.
Tho Thoughtful Charity of . Benevolent
Phyxicia0.

Tho Thoughtful Charity of . Benevolent
Physician.
DR.. Glynn, a benevolent but eccentric
physician of Cambridge, England, was
once consulted by poor woman about
her only son. too ill to be brought to
the doctors Office. The maternal
anxiety so Affected the doctor that he
went several times to see the boy,
though the roads were almost impassa-
bic for carriage, and supplied him
with bark and port wine at his own ex-
pense.
The boy recovered. and one morning
the mother entered the doctors room,
bringing large wicker basket.
''We can't get no rest, DOCTOR" said
she, ''for thinking of the trouble you
have had, and SO my boy resolved this
morning to send you his pet magpie."
The doctor looked at the bird, re-
marked that he was a fine fellow, and
then continued:
81 am very thankful to your son, and
very proud of his present; but am q
good deal from home and my servant
is careless fellow, and l am afraid
that he might forget to feed him.
must therefore request you to keep
him for me. and l will allow you
shilling week for his board as long as
he lives"
The old woman accepted the good
mans thoughtful suggestion, and was
paid the first months board in advance.
Youths Companion.
The Globe-republican., 1894-09-07
NOT THE MAN.
Tho Picturesque Visitor Mistaken for Rob
insOn CrusOe.

Tho Picturesque Visitor Mistaken for Rob.
inson CrusOe.
Sir Thomas Robinson was tall, un-
couth man. and his appearance was
rendered still more striking by his
.hunting-dress, which consisted OF .
tight green jacket, buckskin breeches
and Positions cap.
He was liable to sudden whims, and
once set off suddenly. in his hunting
suit, to pay visit to his sister, who
was married and settled in Paris. He
arrived at the house while there was .
large company at dinner.
The servant announced NJ. Robinson,
and in walked this remarkable figure,
to the amazement of the guests.
One of them. French able, lifted
his fork three times to his mouth and
each time laid it down without tasting
the food, and with an air of intense
bewilderment. Unable at last to re-
strain his curiosity longer, he burst
ont eagerly:
Excuse me, monsieur; are you the
famous Robinson CrusOe, SO remark
able in history"
The laugh with which this naive in
quiry was greeted seemed for time to
add to the abbe's perplexity, until he
was assured of the identity of tho
strange guest.-Youth's Companion.