davidaulloa/AmericanStories huggingface dataset:
The Hawaiian gazette., 1894-11-02
OPINION OF THE COURT BY JUDD, CD

OPINION OF THE COURT BY JUDD, CD.
The defendants were convicted at
tie asst August term of the Circuit
Court, First Circuit, of the offense of
selling opium and the defendant
Hang Fook was on the 18th August
sentenced to pay fine of $500 and
be imprisoned at hard labor for
eighteen months. All Kau being re.
commended by the jury to the mercy
of the Court sentence on him was sus.
pended until next term. The de-
PENDANT Hang Fook moved on the
18th August for a new trial on the
ground of newly discovered evidence
which was denied and duly excepted
to to this Court. Five affidavits are
filed in support. None of these show
that the evidence was newly dis
covered, or that the exercise Of rea-
sonable diligence could not have
secured the evidence for use at the
trial. By undisputed authority in
this Court and elsewhere such
affidavits are insufficient.
Three of the affidavits are to the
effect that Hang Fook was not in his
room at the hour when the alleged
sale of opium took place. This is
evidence merely cumulative to the
defense of an alibi offered at the
trial. This is no ground for a new
trial.
See billiard n. 7. p. $50 and cases
cited.
Weston V. Montgomery, 2 Haw.
Abela V. Louika, 6 Haw. 81.
The sffidavits of Aiana and w. C.
Achi, the attorney, only go to dis
credit the testimony of All Kau the
co-defendant. This also is not
ground for new trial.
billiard on N. T. p. 1856.
Gay v. McCandless, 7 Haw. 365.
We therefore override the excep-
tions. The motion of the Attorney
General to dismiss the exceptions on
the ground that the Circuit Court
has no authority to grant new trials
having been considered and decided
adversely to the prosecution in the
case of the Republic of Hawaii VS..
Saku Tokuji on the 18th October,
1884, % Haw.-- we override the |
same.
Atty. Gen. w. o. Smith for the |
prosecution; W. c. Achi for defend |
ant.
Honolulu, October 26, 1894.
The Hawaiian gazette., 1894-11-02
In the Supreme Court of the Ha-
Waiian Islands.
SEPTEMBER TERN, 1894.
BEFORE JUDD, C j., FREAR, j., AND COOPER,
CIRCUIT JUDGE, WHO SAT IN PLACE OF
BICKERToE, J :, ABSENT.
The REPUBLIC OF HAWAII VS.. HANG
FooK AND All KAU.

% Held, following Republic of Hawaii VS..
Saku Tokuji, 9th Haw. -, that
Circuit Courts have the power to
grant or deny new trials in criminal
cases.
CD Affidavits in support of motion for a
new trial on the ground of newly dis
covered evidence must show that the
evidence was newly discovered and
that the exercise of reasonable diligence
could not have secured the evidence
for use at the trial.
81 Affidavits disclosing the existence of
evidence cumulative to that offered bv
defense furnish no ground for new
trial.
a. Evidence which goes only to impeach
the credit or character of a witness is
not sufficient ground for new trial.
The Hawaiian gazette., 1894-11-02

from the date of its publication, and all
laws and parts Of laws inconsistent here
with are hereby repealed.
Approved this 9th day of October, A.
d. 1894.
lSignedl SANFORD b. DOLE,
President of the Republic of Hawaii.
[Signedl IA KING.
1599-1t Minister of the interior
The Hawaiian gazette., 1894-11-02
Sale of Government Lands on the
Island of Molokai.

On WEDNESDAY, December 5th,
1894, at u O'Clock noon, at the front en-
trance of the Executive Building, will be
sold at public auction, the following
Government lands: Puniohua, Kainalu
and Pnniohua-uka, Kainalu-kai and
Kamanoni, on the Island OF Molokai,
containing an area of $40 5000 acres,
more or less.
Upset price 500.
J. A. KING,
Minister of the Interior.
Interior Office, November LIST, 1894.
3S32-3t
The Hawaiian gazette., 1894-11-02

amounting to over $50; that al
though he objected to defendants
direct interrogatories upon the
ground of irrelevancy he filed cross
interrogatories for the three witness
ses for the defendant and in addition
filed direct interrogatories for three
other witnesses in rebuttal; and that
fully three-fourths of the matter con-
tanned in the dispositions is the re-
suit of these questions of the plain
tiff himself. We have no reason to
believe that the defendant applied
for the commission recklessly or
capriciously. On the other hand
plaintiffs counsel himself apparently
had at least serious doubts as to the
admissibility and effect of the de-
positions and the Circuit Judge ap-
parently considered, in the light of
all the facts before him, that the de-
PENDANT was justified in obtaining
the dispositions and therefore should
not be put to the costs incurred as a
result of the plaintiffs action. Under
these circumstances we cannot say
that he abused his discretion in tax
ing the costs to the plaintiff.
The exceptions are overruled.
W. Foster for plaintiff; w. A. Kin
ney for defendant.
Honolulu, October %, 1894.
The Hawaiian gazette., 1894-11-02
BILL IN EQUITY TO CANCEL A DEED. APP
PEAL FROM THE CIRCUIT COURT
OF THE FIRST CIRCUIT.

signature TO a deed alleged to be for
gerry had considerable resemblance to
an admitted signature of the grantor.
No motive was shown for the fraud on
the part of the officer who took the
acknowledgment or those concerned in
the matter. The grantor admitted that
she made sn informal deed, which was
not produced, of the same property,
for the same consideration, to the same
person about the same time: Held the
deed was not forgery.
The Hawaiian gazette., 1894-11-02

OPINION OF THE COURT BY BECKER
TON. J.
The complaint in this case sets out
that the principal plaintiff owns Ger
tain property in Waikiki, Maui; that
her father is the said Doiron, and
that he holds possession of certain
deed conveying said property to him,
which purports to have been execut-
ed and acknowledged by said plain
tiff. That she never executed or
authorized the execution or acknowl.
edgment of said deed; that said deed
is false, forged and fraudulent
document, and prays that it may be
cancelled, &c, &c.
There is only one question for US to
consider, is this deed forgery or
not? 1t is simply a question of fact
to be found from the evidence; there
is no question of law involved.
The Court from which this appeal
comes decided that it was a genuine
instrument and not forgery as de-
clared by the plaintiffs and decreed
that plaintiffs bill be dismissed. We
are of the same opinion.
The claim that the deed is for
gerry rests on the evidence of the
plaintiff, Mrs. Agatha T. Mott. She
denies positively that she ever ex-
ecuted or acknowledged the deed in
question, or visited or had any con
versstion about the deed with Mr..
Kalua, the attorney who drew it and
certified to the acknowledgment of
the same. But she says she was in
Wailuku on the 9th day of February,
1889 1.-THE date of the deed), having
arrived there from Paia three days
before the date of the birth of her
grand child, which was on the 9th.
She also says that after her first
husbands death lin 1887, there were
debts left and the creditors were
pushing her to pay, and that her
father proposed to her to make every
thing over to him, so that she could
get more time with the creditors
This she says she did, and wrote the
document herself on half sheet of
note paper and gave it to her father;
that no money was paid, the object
of the paper being that she would
not lose her land. One suit had been
brought against her and she had to
pay the money, and others were
She also testities to the
language used in the paper she
wrote; this was very informal. She
says she has never seen this paper
since she gave it to her father, Ger
tainly it was not produced in Court. |
1t is not unreasonable to suppose
that the formal deed now in question
was made in place of the informal |
one which may have been destroyed. |
The fact that Mrs. Mott admits that |
she did make a deed of the |
identical property for the same cor
viz. $500 to the same
person about the time the deed now
in question was dated, seems to us a
very strong point against the plain
lifts.
The old man Doiron is now non
'ompOs mentis aud under guardianship,
consequently unable to testify in the
Ease.
The evidence of Mr.. Kalua is very
positive in its nature as to the ar
-ival of the plaintiff at Waikiki and
describes the conveyance and horse
,he arrived at his Office with; her
coming there with her father, Mr..
Ooiron; the instruction she gave him
bout the deed; the consideration
FAMED, $500; the execution and
acknowledgment of said deed and
The Hawaiian gazette., 1894-11-02
judicial Sale d Real Estate

by VIRTUE OF AN ORDER MADE
ID by IL. Il. COOPER, Second Judge
of the Circuit Court of the First Circuit,
on the goth day of September, 1894, in a
suit in Equity for partition of Real
Estate, brought by G. w. Booth, Ka-
onohi, Kahanu and Kaohiai against Ku-
liilii and w. p. Akau and Kamalokai.
empowering me to sell the land herein
after described:
Notice is hereby given that shall on
MONDAY, the 9TH day of NOVEMBER,
1894, in front of Station House, in Homo
lulu, at II o'clock noon in pursuance Of
said order, sell to the highest bidder, all
that
The Hawaiian gazette., 1894-11-02

Costs incurred under a commission to take
testimony held under the circumstan-
ces notimproperly taxed as costs in the
cause by the Circuit Judge in the
exercise of his statutory discretionary
power.
The Hawaiian gazette., 1894-11-02
Honolulu, October 26, 1894.

The hall built for the Y. NJ. C. A.
at the leper settlement by Geo. n.
Wilcox will be dedicated Deem
Der 18th.
The Hawaiian gazette., 1894-11-02
In the Supreme Court of the Ha-
Waiian Islands.
SEPTEMBER TERM. 1894.
BEFORE JUDD, Co.. BICKERToN AND
FREAR, j.

AGATHA 7. NoTT AND Thomas NoTT.
HER HUSBAND, CoMPLAINANTs, VS..
CHAs. I. GULICK, GUARDIAN OF
ANTOINE A. DoIRoN, Defendant.
The Hawaiian gazette., 1894-11-02
Marsha1's Sale.

DY VIRTUE OF A WRIT OF
ID Execution, issued out Of the District
Court, on the 18th day of October, A ID,
1894. against DIR. Il. A. Ings, defendant,
in favor Of HOLSTER & Co.. Limited.
plaintiff, for the sum Of Sl17 30, 1 have
levied upon aud shall expose for sale at
the Police Station. in the District OF Ho-
no!ulu, islard OF Oahu. at II O'Clock of
WEDNESDAY, the 2lst day of Novem-
Der, A. d. 1894, TO the highest bidder. all
the right, title and interest Of the said
DR.. q. A. Ings, defendant, in and 10 the
following property, unless said Judgment,
interest. costs and my expenses be
previously paid
List OF property for sale:
Let # Medical and -urgicel Works
and Instruments; also trPari=es on
French and German Languages; Novels
and few 1usic Books.
~ The above is open for inspection
at The office Of the Deputy Marshal.
kW Terms Cash.
E. q. HITCHCOCK,
Marshal.
Honolulu, October 10, 1874.
1921 l596-3t
The Hawaiian gazette., 1894-11-02
In the Supreme Court of the Ma
waiian Islands.
SEPTEMBER TERM, 1894.

BEFosE JUDD, c. J., BICKERToN AND
FREAR, u.
The Hawaiian gazette., 1894-11-02
BYAUTHORITY.
FOREIGN OFFICE NOTICE.

FOREIGN OFFICE, October 26, 1894.
The President has received an Auto
graph Letter from the President of the
French Republic of which the following
is translation:
CASIMIR-PERIER.
President of the French Republic.
To his Excellency
SANFORD B. DOLE,
President of the Republic of Hawaii.
DEAR AND GREAT FRIEND:
1t is with lively satisfaction that we
have received the letter of Your Ex-
cellency informing us that the Repub-
lie of Hawaii had been established and
proclaimed on the 4th of July, 1894. We
also note with satisfaction that Your
Excellency has been called by the conf
dence of your fellow-citizens to the posi-
ton of President of the Republic and we
offer to you our sincere Fluctuations
We participate in the sentiments which
you entertain and we will be happy to
cooperate with you in maintaining the
cordial relations which have existed for
so long time between our two coun-
tries and we take with pleasure this
opportunity to express to you the wishes
We entertain for your happiness and for
the prosperity of the Republic of Ha-
waii.
Written at Pont-sur-Seine, the 31st
August, 1884,
(Signed) CASIMIR-PERIER,
(Countersigned) G. HANOTAUX.
The President has received an Auto
graph Letter from the President of the
Swiss Republic of which the following
is translation:
BERN, II September, 1894.
MR.. PRESIDENT:
We have received the Presidential
letters dated at Honolulu ON the 9TH of
July last by which Your Excellency has
done us the honor to inform us Of the
proclamation of the Republic of Hawaii
and of your nomination to the exalted
position of President of that Republic
In thanking you for this communica-
ton we make the most sincere wishes
for the stability and prosperity of the
yonng Republic. We also hasten to
present to Your Excellency our lively
congratulations for the distinguished
mark of confidence which your fellow
citizens have given you in calling you
to the chief magistracy of the State.
Your Excellency may be sure that we
will continue to make every effort to
maintain and tie closer the bonds of
friendship which so happily exist be-
tween our two countries.
We take this opportunity, Mr. Presi-
dent, to commend you to the protection
of the Almighty.
In the name of the Swiss Federal
Council, for the President of the Con
federation.
Signed SCHENK,
The Chancellor of the Confederation.
Countersignedl RINGER
The President has received an Auto
graph Letter from the President of the
United States of Mexico of which the
is a translation:
DIAZ,
The Hawaiian gazette., 1894-11-02

RALPH r. FOSTER VS.. II. NJ. HAYWARD.
The Hawaiian gazette., 1894-11-02

OPINION OF THE COURT BY BECKER
TON, J.
The Hawaiian gazette., 1894-11-02

Inc President has received an Auto
graph Letter from the President of the
United States of Mexico of which the
following is translation:
PORFIRIO DIAZ,
President of the United States Of
Mexico to
SANFORD B. DOLE,
President of the Republic of
Hawaii.
GREAT AND COOP FRIEND:
1 have received the Autograph Letter
which Your Excellency sent me on the
9TH of July last in which you inform me
that the Republic of Hawaii being es-
tablished, you have assumed the office
Of President thereof in conformity with
the requirements of the Constitution.
l take opportunity to request Your
Excellency to accept my sincere felcita-
tons for this expression of the high
esteem and confidence you enjoy from
your compatriots. At the same time
assure Your Excellency that l recipro-
cate with all sincerity your fervent
wishes to cultivate and enlarge the cor
dial relations of friendship which have
existed for so many years between
Mexico and Hawaii. Allow me to ex-
press the feeling L have for you person
ally, and for the prosperity of Hawaii.
Your loyal friend,
Signedl PoRFIRIo DIAz.
lCountersignedl IGNACIo MARIsCAL,
Minister of Foreign Affairs.
Dated at the City of Mexico, this Sth
day of August, 1894
The Portland daily press., 1894-07-26

coming consenting party to perfdy and
dishonor, to a violation of Democratic
principle and good faith. Certainly he
cannot without being guilty of the
grossest Inconsistency and of doing what
he has never done before proving false
III his official capacity to his settled con-
victiolIs. To change slightly para
graph in his famous letter to Mn. Wilson.
How can we [hel face the people after
INDUCING in [consenting to] such out
rageous determinations and violations
OF principles as are contained i'll the
Senate bill? Will he sign the bill? Not
certainly unless he is ready to convict
himself of the most glazing inconsis-
tency; unless he is ready to sacrifice that
loyalty to conviction and steadfastness
to which almost entirely has been due
his strength with the people. Ii the
Senate bill reaches him in substantially
It's present condition there will be no
middle ground. He will be face 10 face
with this dllemma-either he must veto
it, and thus put an end to all chance of
tariff legislation during this Congress, o
ne must sign it and thus consent to
party. peridy and dishonor," and the
violation of Democratic principle and
good faith" 1t is dilemma in which
a man would naturally feel like taking
to the woods, but that escape is not
available
The Portland daily press., 1894-07-26
Wonders of the Microphone.

(From Harper's Young People.)
One of the most curious instruments
which the development of electrical
science has brought into being is the mi
crophone. 1t EN- braces within itself all
most the whole principle of the modern
telephone and with it may be performed
a series of experiments which aside from
being interesting are wonderfully sig
nificant of what we may expect from it's
development in the near future. By Its
aid the footsteps of fly walking on the
stand on which it is placed are clearly
heard and give the sensation of horse's
tread; and even fiy's scream especially
at the moment of death is easily audible.
The rustling of a feather or a piece of
dress goods on the hoard of the instru-
ment and completely inaudible under or
binary circumstances are distinctly
heard IN the microphone. The ticking
OF a watch is rendered very loud at quite
distance from tine receiver. A must
cal box placed in connection with the in
sGrunent transmits SO much sound as
to render it impossi BILE to distinguish in
dividual notes. A current of air blown
sharply on the Instrument sounds like
distant trickle of water. And the
rum bling of carriage ouside the house
is transformed into a very intense crack
Ing noise not unlike the sound of the
burning of pine logs.
Inc instrument in appearance assumes
various shapes inasmuch as the very
simplicity of it's principle admits of IT'S
being made of various substances and
in almost any form. All that is
necessary for its simple working is in
having what is known technically as
loose contact"-that is an electric cir
cult whose continuity at some point is
capable of being varied. As an instance,
then, three nails make one of the best
of microphones. Two of the nails are
laid on board parallel to each other
and say one-halt inch apart The other
nail is laid across the first two the latter
being meantime connected to battery
cell and telephone receiver. If fly,
for instance be confined in small box
and the latter placed on the board of
which the nails are laid the slightest vi
bratlon caused by the movement of it's
feet will render the unstable contact of
the nails still more unsteady and by
thus altering the force or amount of
the electricity which passes will repro
duce in the telephone receiver an exact
but much magnifed facsimile of what
is taking place in the box.
The Portland daily press., 1894-07-26
PORTLAND DAILY PRESS
MAINE STATE PRESS.
Subscription Rates.


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The DAILY is delivered every morning by
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rate ofS7 year.
MAINE STATE PRESS, (Weekly) published
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so cents quarter; % cents for trial subscrip-
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Persons wishing TO leave town for long or
short periods may have the address OF their
paper changed as often as desired.
Advertising Rates.
IN DAILY PRESS S1.5o per square. first
week. rs cents per week after Three 1nser-
tons or less, S1.oo per square. Every other
day advertisements. one third less than these
rates.
Half square advertisements $1.oo per week
first week; half price each succeeding week.
"A Souare'' is a space of the width OF col
umn and one inch long
sosofa1 Notices. on first page, one third ad-
ditional.
Ayausen,ents and AUCTION Sales, $500 per
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Reading Notices in nonparell type and
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line each insertion.
Pare Reading Notices in reading matter type
% cents per line each insertion.
Wants, To Let, For Sale and similar aaVer-
ments, rs cents per week, in advance, ior 4o
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The Portland daily press., 1894-07-26
DISSOLUTION OF PARTNERSHIP.

Il tween Samuel league and VIM. I. Ben
nett, under the firm name of league &
Bennett, Is this day dissolved by mutual
consent; VIM. f. Bennett is authorized to
settle all bills of the firm.
SAMUEL LEAGUE, VIM. f. BENNETT.
Inc unders1gned having purchased the in
ry on the business. ~
jly16 Qaw VIM n pENNETT
jlyiSd1m
The Portland daily press., 1894-07-26

When the Hon. Arthur Pue German re-
ceives the resolutions adopted by the
First District Democratic convention,
which that body ordered tele-
graphed to him, he will undoubtedly
fall upon his knees and cry "Peccavi. y
The condemnation of a district that
hasn't elected a Democratic representa-
tive for thirty-two years will prove quite
overpowering. Hank from the tom bs
dolefnl sound"
The Portland daily press., 1894-07-26
100000
MAINE CENTRAL RAILROAD.
SINKING FUND
GOLD 6 \ BONDS,
DIE FER lat 1909
DUE FEB LIST, 1905.

The Maine Central Railroad Company here
by gives notice TO the holders of the above
bonds that pursuant to the right reserved there,
all of said bonds will be paid at par and interest
on February 1st 1895, at the Portland Trust
Company, Portland, Me-, and that interest will
cease at that date.
MAINE CENTRAL RAILROAD COMPANY
(Signed)
FRANKLIN A. WILSON. President.
Portland, Me-, June 81, 1894.
The Portland daily press., 1894-07-26

1t is always with great timidity that
we venture to say anything concerning
DR.. S. G. Gordon. Yet inasmuch as
he occupied the public position of chair
man of the Democratic district conven-
tion yesterday, we feel Obliged to incur
some risk. But we shall try to make it
as light al possible by saying that on
the whole he made a very good presiding
officer. His allusion to the smallness
of the party in Vermont was not alto
gether happy, because it tended to sug-
gest the smallness of the party in Maine
at time when it was the proper
carer to swell the party as much as
possible and make it think it was on the
eve Of a glorious victory. 1t was not al
together happy either to suggest that true
Democrats stood only for principle, when
there were three or. four gentlemen with
in the sound Of his voice tumbling over
one another in the collectorship race.
However, with these exceptions-and of
course we are liable to have misunder-
stood him on these points-the Doctor
performed very satisfactorily, even win
ming Capt. Chase's approval.
The Portland daily press., 1894-07-26

AS Col. A. ". Bradbury has got his
Office it wasn't necessary of course for
him to make speech in the Democratic
convention Still it would have been a
graceful thing for him to have expressed
his gratitude TO the Great Father at
Washington and borne his testimony to
Mr.. Cleveland's greatness and the wicked
ness Of Mr.. German.
The Portland daily press., 1894-07-26

The nomination of candidate for
Congress was mere incident of the
Democratic convention yesterday. The
principal object of the gathering was
apparently to give the three candidates
for collector of this port chance to sound
the praises of Grover Cleveland, and to
tell him how much they abhorred his
enemies in the Senate, and from start
to finish there was lively race among
them to see who could say the most in
these directions. All three of them
Messrs. Frank, Clifford and Anderson
The Portland daily press., 1894-07-26

Some of these young Democ rats of dis
tingushed ancestry had better be hustling
or they will wake up some morning to
find that MIR. E. E. Heckbert of Cape
Elizabeth is filling the vacancy in the
Young Lion cage of the Democracy.