davidaulloa/AmericanStories huggingface dataset:
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1895-02-05
OPINION OF THE COURT BY JUDGE cooPKR

OPINION OF THE COURT BY JUDGE COOPER
The petitioner L. Keawehaku, filed
his petition in the Circuit Court
praying that the Order admitting
the will of decedent to Probate be
revoked. The case was heard on its
merits and the Judge at Chambers
refused to revoke the order and dis
missed the petition. The petitioner
thereupon noted an appeal to the
Circuit Court at Term, which was
| met by a motion on the part of the
respondents asking that the case be
stricken from the calendar on the
ground that there was no provision
of law whereby the case could be
tried by jury. The Circuit Court
granted the motion and dismissed
the appeal. The petitioner then
fled notice Of appeal to this Court
and the respondents now claim that
the case is not properly here, for the
reason that his remedy was not by ap-
peal but by bill of exception. We find
that the contention OF the respond
ents is correct. The order complain
ed of was made by the Circuit Court
at Term and the method of bringing
such case to this Court is by bill of
exceptions and not by general ap-
peal. The case not being regularly
before this Court the appeal might
be dismissed upon that ground alone,
but we 60 further even at the risk of
inserting what under the circum-
stances might be strictly termed
dictuBs and find after an examination
OF the whole proceeding that the ap-
peal to the Circuit Court at Term
was properly dismissed.
The law of 1864 authorizing the
trial of issues of fact in matters of
probate and administration by jury
does not afford the petitioner any
relief In this case. The validity of
the will had been passed upon and
an order admitting it to probate had
been entered by Court of competent
jurisdiction. The filing of the petit
ion for revocation, did not raise any
question of fact that could properly
be tried before jury. Undoubtedly,
the Probate Court had the right to |
revoke the order upon a sufficient
showing, but whether or not such a
course should be followed was a !
question of law based upon the facts
presented at the hearing on the |
petition. The Court declined to |
grant the petition and such a decis-
ion was renewable only by an appeal
to this Court, which would have
raised the same points as were tried |
by the Circuit Court.
The correctness of the decision of |
the lower Court in declining to grant
he prayer of the petition is not be-
fore us; the only matter that can now
be decided is whether the petitioner
had right to appeal to the Circuit
Court at Term, and this we have
decided in the negative.
j. NJ. Poepoe for petitioner; F. NJ.
Hatch and MIR. Ashford for respond
'nts.
Dated Honolulu, January 26, 1895.
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1895-02-05

Linkeo TO the EreScnAs
Especial Correspondence.l
ST.. LOUIS, Jan. S.-Although this In
teresting old city Is gradually Kidding It
self Of many of the peculiarities that have
heretofore stamped it as moro OF an old
time southern than q modern western
town, the Transformation Is still far from
complete, and 1t Is this very survival Of an
oocasional feature Of other days that rem
ders the place entertaining to the curious
visitor.
Standing within by foot Enclosure
Of iron fence near the white painted old
courthouse, for instance, is an iron post.
topped with q broad, fiat, circular plate.
Rising from the center Of the plato Is
triangular projection, and there Is an iron
hinged cover attached, evidently intended
to be closed when the weather Is bad
Such continuance Is a rare sight nova
days anywhere, but it would have been a
poor sort Of town indeed five or six dec
AIDES ago, especially in the southwest,
that was without one, and no one would
have been at loss regarding its use. But
there Is not day in a twelyemonth these
modern times, SO the courthouse janitor
told me today, that some stranger does
not inquire curiously about the one in the
st. Louis courtyard.
but of co'se," said he rehectively, pull
ing his chin whisker and turning his quid
Of shaved plug In his cheek, "theah's not
many but what knows it's a sundial
when they comes to examine it. It's
fine dial, that. You see, it's running just
as good as 1t did when 1t was first put
theah. And many's the fine gentleman,
with his kid gloves on, that steps up to
that theah old dial, sub, at noon and sets
his gold watch by It, They all know, sub,
that, notwithstanding a sundial is old
fashioned, they amt no going back on sun
time, sub.
''They use to be two sundials to this
heah dollhouse. You kin see the post of
the othah one out theah on the otbah side
of the yahd. But the dial paint ia gone
forevah, sub. You see they's a pow'ful
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1895-02-05
LOOKING BACKWARD

On our success for the past
year that we have been in
business we are more than
pleased with our sales, and we
feel confident that all our
transactions with our custom
ers have been of such a nature
that they are as fully pleased
as we are.
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1895-02-05

No appeal lies to the Circuit Court at Term
from an Order OF a Circuit Judge at
Chambers refusing to revoke the Pro-
bate of VIII.
An appeal to the Circuit Court atTerm
was dismissed by the Court; Held !:
That an appeal from the order was not
the proper method of bringing the case
before this Court, it being Term
matter the question should have been
presented on bill of exceptions.
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1895-02-05

In THE MATTER OF THE ESTATE OF A.
AKAH IVY, DECEASED. L. KEAEE-
HAIKU, PETITIONER, AND TRUSTEES
ESTATE OF B. p. BISHOP, RES
PoNDENTS.
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1895-02-05
4 Weeks Work I'm R,-u,n.,,,

1t Is said that weeks work in Bir-
mingham, England, comprises, among its
various results, the fabrication of IA. 600. :
oO0 pc pens u.s. o. 600 bedsteads, 1000 guns,
SOO, 600, 600 cut nails, 100, 900 buttons
1000 saddles, 5000, 600 copper OF 6rnnzs
coins. 20. 600 pairs Of spectacles.
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1895-02-05

BEFORE JUDD, C. J., BICKERToN, J., AND
CIRCUIT JUDGE COOPER.
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1895-02-05
A RELIC OF THE PAST
THE sUNDIAL BEFORE THE OLD
COURTHOUSE AT ST. LOUIS.

Views of the JanftOr-A Man Who Is ~
Quaint rs the Dial ItseIf-Fine Paintings
That Cost . Right Smart Heap-The Past
Linked to the Present.
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1895-02-05
In the Supreme Court Of the Ha-
Waiian Islands.
IN PROBATE.
DECEMBER TERM. 1894.

Petition to Revoke Probate of Will.
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1895-02-05

Circuit Judge Cooper heard the case
in place of MIR. Justice Frear,
absent on account of illness.)
The Universalist. [volume] (Chicago [Ill.]) 1884-1897, 1895-02-23
INDIANA NOTES.
IRON ]. H. HEWITT

Rev. L. E. Dotter has canvassed a
few churches in this State for the Cent
Day plan. He has also received on
general contributions from Logansport
$40; Lafayette, So; Muncie, S23.20.
The meeting at Muncie closed last
Wednesday. Rev. T. S. Guthrie preached
that evening. The following Sunday the
pastor received five accessions, making a
total of nine. Rev. Il. E. Dotter preached
morning and evening very acceptably.
Rev. j. B. Fosher preached at Me-
daryville in the Christian church two
evenings to a full house both times. He
then stopped at Brookston to assist in
the series of meetings which were closed
Thursday night on account of severe
weather, and measles being prevalent
that kept many away. He will com
mence meeting at Oaklandon about
next Monday. He has good congrega-
tions at Pendleton every Sunday night
since the new arrangement.
Rev. James Houghton preached Sum-
day morning to good audience on 1.-THE
Work of the Liberal Church" In the
evening from Mark w., 80. The pastor
of the M. E. church was present and
participated in the service. Last We'd
nesday evening, number of the mem
bers made rush for the PASTORS kitchen
and left the table loaded with the neces-
saries for the physical man. The pastor
and his wife appreciate their kindly re-
membrance. This church is prosperous
and harmony. exists within her borders.
The Universalist. [volume] (Chicago [Ill.]) 1884-1897, 1895-02-23
MICHIGAN LETTER.
PORT HURON.

Word comes from Port Huron that
Rev. H. N. Couden has resigned. the re-
signation to take place in May. Bro.
Couden has been jealous, self sacrific-
ing worker in this important field. When
he took the society it was much dis
couraged. Its services were held in a
small hall and the burden was heavy on
a few. Mr.. Couden has been there four
years and under him very pretty, con-
venient church has been erected at cost
OF $4,000, including lot. A debt of $1,000
still remains. but this is no impeachment
to the society's success, and will be cas-
lily handled as times grow better. Bro.
Couden will leave the parish in good
condition for a successor for he has Civ.
en- it character and Christian standing.
We shall be sorry to lose our co-worker
from the State but as he may turn his
The Universalist. [volume] (Chicago [Ill.]) 1884-1897, 1895-02-23

CHICAGO. = Church of the Re-
deemer.-Rev. M. H. Harris, d. d., has
resigned his pastorate OF the Church OF
the Redeemer, to take effect the last
Sunday in April next. This will close
a five years pastorate in Chicago. AT
the parish meeting held Tuesday even
ing, February 10, the resignation was
accepted. We greatly regret having to
record this unwelcome fact. Dr. Harris
has won the esteem of large number
of friends in the city, outside of his de-
nominational relations. and stands very
high as a man and citizen. He has
been loyal to all our Church interests
and fraternal with all his brethren,
and all will regret the severance OF the
pastoral relation. Dr. Harris has had
three pastorates in twenty-five years
ten years in Brattleboro, VT, where he
went from the Theological school, and
over ten years in Worcester, Mass where
he preached to one of ourlargest congre-
cations. We simply note the resignation
this week and at another time may re-
turn to the unwelcome subject.
Oak Park.-The pastor OF the Ridg-
land Congregational church being sick,
at his request Rev. Mr.. Johonnot oc
cupied his pulpit last Sunday evening.
Another indication of the growing fra
ternity of the orthodox churches is
shown in the presence of Rev. Mr.. Hoyt,
of the Presbyterian church, who spoke
at the recent banquet given by Unity
church to its members upon "Denomina'
tional Fraternity" He said in sub
stance that without abating one Jot OF
personal conviction or UNCONVENTIONAL
LOYALTY it was wholly possible for all
Christian churches to fraternize and
work together. 1t was most admirable
address. This banquet is now one OF the
yearly features of the church life. 1t
was held on the evening of the 9Th, and
despite the severe cold, 125 people were
in attendance. A fine dinner was pro-
vided through the efforts and generosity
of the Ladies' Social Union. After the
dinner there were toasts and speeches.
Mr.. T. T. Skiller acted as toast master.
The place of Mrs. Celia P. Wooley, who
was unable to be present through sick
ness was filled by Mrs. Helen N. Star
rett, the well-known writer. The whole
affair was great success and must be
ouickener of the life of the church.
The Saturday night Club arranged
for Valentine party similar to the very
successful one given by them last year.
The Universalist. [volume] (Chicago [Ill.]) 1884-1897, 1895-02-23
Ube West.

WISCONSIN. Lodi H. Slade
will relinquish his pastorste at Lodi
in the spring. His preaching extends
over a period of "a years. and he thinks
and, very justly. that he has earned his
release, and does not propose to assume
another pastorate. He will live at Elgin,
ILL.,, where he has enjoyed two settle.
ments, and has counted it his home for
about 30 years. He has a brother. two
sisters.-all the living members of his
fathers family,-and his wife's children
The Universalist. [volume] (Chicago [Ill.]) 1884-1897, 1895-02-23
UNIvERSALIST WOMAN'S ASSOCl-
ALTON.

DEAR FRIENDS OF OUR FAITH: Are
you members of the Universalist Won
ems Association of Illinois? IT not, will
you become such by the payment OF one
dollar (S1.00) per annum, and If you
know of others of our faith in your
vicinity will you kindly urge them to
become members also, or to contribute
as they will?
If you could send five dollars $500
and five names, it would be a great and
necessary encouragement; or if you
could by some mite entertainment where
all could do little, raise smaller or
larger sum it would be great help
to our work throughout the State, and
encourage the officers of the Association
to make greater efforts for the success
full accomplishment of their work in the
future. Can you, and will you do this
before April LIST, 1895? We are writing
to all our churches and neighborhoods
where we can learn that any of our Uni
yersalist faith reside, feeling sure they
will respond to the urgent appeal OF the
Association for means with which to
carry on its work. as provided for in
our Charter and Constitution, namely,
"Church Extension. educational and
Missionary Work." We are asking very
prompt action and replies as these re-
ports fromdifferent sections of the State
will greatly influence the plans for flu
ture work to be presented and consid-
cred at the May meeting. So. please
give this your immediate attention, and
il possible comply with our request.
All members, and friends desiring to be-
come such, are urged to send individual
payments, if impossible to enclose those
of others; and also post Office address of
all, that official receipts may be sent.
Now dear friends. will you please let
us hear very soon what you will do for
our faith-which means JOY to all man.
kind.
Sincerely yours in faith and works,
Mrs. F. A. WINKLEMAN, Treasurer.
MISS BELLE GIBSON, Secretary.
N. B. All payments must be sent to
Mrs. F. A. Winkleman. No. 1877 Warren
Ave-, Chicago.
The Universalist. [volume] (Chicago [Ill.]) 1884-1897, 1895-02-23
OHIO NEWS LETTER.
MINISTERIAL CHANGES.

Within the last year eight ministers
in Ohio have seen fit to resign their po-
sitions, four Of whom have selected fields
in other States. This, of course, made
it necessary to secure ministers from
other States to take their places; but in
no instance has any one been offered any
inducements to seek pastorates in Ohio.
who has not directly, or through some
friend, applied for work. As acting SUI
perintendent we have been very careful
to avoid any measure that would SEEM
ingly work injury to any church. But
ministers are like men in other avoca-
tions-they will seek larger fields of USE
fulness, or, as is the case sometimes, will
go to other places in order to obtain
larger support for themselves and fam
lilies. which is in some instances ueces-
sity. Sometimes changes are made be-
cause the people so desire, and in such
cases, minister would be very foolish
to try to continue, for with a divided
congregation, there can be no prosperity.
Individually, we believe in permanent
pastorates, and our observation convinces
us that whenever ministers and people
try to work together in harmony, the
longer the pastoral relation continues
the more thorough the work accomp-
lished. We are glad to observe dispo-
sition on the part Of our people to aban-
don the old policy Of having new
preacher every year or two; but the time
is yet distant when all ministers will de-
sire to remain in the same locations. or
all churches will be satisfied not to have
a NEW man." at occasional intervals.
Until that time does come, there will be
vacancies occurring, and it will be nee
essary to employ methods to fill those
vacancies, with best men available, and
if those men happen, as they frequently
do, to be ministers who have done good
work elsewhere, and whose people would
gladly retain them, we cannot refuse to
receive them. if they desire to make a
change, and there are places waiting for
tuon W OCCupIs WO WOulQ nave D60Q
glad had the four ministers who have
gone to others States from Ohio, re-
NAMED here; but as they believed duty
called them elsewhere, we cannot com
plain.
MOUNT CARMEL.
Our church at this place is at present
without pastor. but in order not to
omit their annual series of meetings,
they secured the services of Rev. r. N.
John. who began meetings on the even.
ing of February /, continuing into the
following week. Bro. John writes: "We
had no accessions, but the meetings we're
excellent throughout. The Sunday
school at Mount Carmel is lovely one
and is doing good work." The church
will soon have pastor we believe.
THE RESIGNATION AT KENT.
From one of the Kent papers. we learn
that the resignation of Rev. o. G. Cole
grove of the pastorate OF our church in
that town, was entirely unexpected. and
at first the congregation refused to &C
cept. and not until Bro. Colegrove con-
WINGED them that he was in earnest. was
The Universalist. [volume] (Chicago [Ill.]) 1884-1897, 1895-02-23

have always lived in Elgin. The Enter
prise OF Lodi says Of Mr.. Slade. aunounc-
ing the fact OF his retirement: 1.-THE
people OF Lodi in general, and the con
gregation of the Universalist church in
particular, will miss Mr.. Slade very
much. He and his daughter have made
many friends here, and everybody will
be sorry to see them go. Mr.. Slade has
always taken great interest in Lodi since
he has been resident of the town. and
The Enterprise joins with hosts of other
friends in wishing the gentleman and
his estimable daughter, life of happi-
ness and immunity from sickness"
The Universalist. [volume] (Chicago [Ill.]) 1884-1897, 1895-02-23
MANUALS OF
Faith and Duty.
Issued under the Editorial charge of the Editor
of THE UNIvERsALIsr.

This is one ofthe most successful series Of book
ever offered to the Universalist public They
e well adapted for the Home or Sunday-school
u 1y of Unversalist doctrines, and are particu-
Try commended to the attention of the Young
eople's Christian Unions of our church.
Many thousands are sold yearly. There is y
constant call for them. The Manuals are
Excellent Little Books
to circulate among non-beevers to give Il EN- a
correct idea of the Universalist teaching on the
topics treated.
Price IS Gents Net.
well printed and neatly bound in vellum. and aver
aging one hundred pages each. The following
volumes of this series of excellent books have been
issued:
|. THE FAIHERHOOO OF GOD. By J. Coleman
Adams, D. d.
II. JESUS THE CHRIST, By Stephen Crane. D. d.
NJ. REVELATION, By Isaac M. Atwood. D. D.
". CHRIST IN THE LIFE. By Rev. w. S. Wood
bridge.
v. SALVATION, By Orello Cone, D. D.
VII. THE BIRTH FROM ABOVE, By Rev. Charles f
Lee.
VIII. THE CHURCH, By Henry w. Rugg d. D.
* HEAVEN. By George S. Weaver D. D.
X. ATONEMEHI, By William Tucker. D. D.
X. PRAYER, By George H. Deere. D. D.
eB-No. vi in this series, THE Saviour of the
World" is in preparation and will be announced
when ready.
Universalist Publishing House,
Western Branch. Chicago.
The Universalist. [volume] (Chicago [Ill.]) 1884-1897, 1895-02-23

poem over and over again. Why is not
a good sermon better a second time?
Novelty is not the main feature OF
a sermon. In some sermons the only
thing to commend them is the novelty.
They are new-so new that like unripe
fruit they are bad for digestion. Minis
ters are too overtaxed to prepare two
sermons week. Many boast they never
give sermon second time. That is
poor boast. 1t were better il they would
repeat good sermons, working them all
over each time 30 as to make them
clearer and ripper. Make the sermon
better each time and it will be new in
the best sense everytime given. There
is story of Philips Brooks that as a
lady was telling that she had heard him
in England, on his trip there, regular
parishioner of his in Boston, asked what
he preached. On being told she ex-
claimed: II am so glad he preached that
sermon for it is one of our favorites and
we always like to hear him give it." Not
all sermons help the hearers, but some
do especially; such the pastor should
work over and repeat, for it is better to
hear few old meaty sermons which
have helped many than host of new
hasty ones which helped no one. The
ministers ideal is to help the world, and
to this all else is secondary.
L. S. NC
DETROIT, February IA.
The Universalist. [volume] (Chicago [Ill.]) 1884-1897, 1895-02-23

NAME. : This organization shall be
known as the 'Universalist Club of Chi
cago."
The Universalist. [volume] (Chicago [Ill.]) 1884-1897, 1895-02-23

The best lamp in the world
is bad enough, if you put a
wrong chimney on it., You
want the "Index to CHM
neys.'
Write Geo A Macbeth Co,
Pittsburgh, Pa, for it-free.
Pearl glass, pearl top, tough
glass.
The Universalist. [volume] (Chicago [Ill.]) 1884-1897, 1895-02-23
A Late Breakfast

is often caused by a late milkman. No cream
for the coffee or oatmeal ha delayed many a
morning meal. Keep supply of Borden's Peer
less Brand EvapOrated Cream In the house, and
avoid such annoyanees.
The Universalist. [volume] (Chicago [Ill.]) 1884-1897, 1895-02-23

* CHURCH AND PARISH REGISTER.

commended the
friends requested bear
fidelity furnishing
this end Send the
NOTICES AND published
on the Eighth should
Monday the date of
publication
The Universalist. [volume] (Chicago [Ill.]) 1884-1897, 1895-02-23
THE CH/LD'S
PICTORIAL
SeriptuTGQuGstionB Book
FOR THE SMALLER CHILDREN
IN SABBATH SCHOOLS,

FOR THE SMALLER CHILDREN
IN SABBATH SCHOOLS,
By MINNIE S. DAVIS.
new edition of this excellent little Question
Book has been issued by the Unversalist Pub
fishing House. 1t contains thirty-two pages, with
illustrations and twelve chapters. with questions
and answers, on the following topics. all treated
in a very simple MANNER SO that children as young
as five years understand the teaching:
L.. God our Father.
2. The Saviour.
3. TheiBirth of Jesus.
4. The Life of Jesus.
s. Jesus and Little Children.
g. Prayer.
7. The Golden Rule.
5. The Bible
g. Forgiveness
10. The Resurrection
H. The Sabbath.
H. The Young Christian.
PRICE go CENTS per dozen by mail, post
age paid. Order it for the Infant Glass in you:
Sunday School
Universalist Publishing House.
Western Branch. Chicago.
The morning call. [volume] (San Francisco [Calif.]) 1878-1895, 1895-01-27
THE CATTLE KING SHOT.
George E. White Accidentally
Wounds Himself.
He Was Getting Rid Of a Gun When
1t Went Off, Iniuring Him in
the Ankle.

George E. White, the cattle king of Men
docino County, met with an accident yes
terday afternoon which will confne him to
his room for several weeks.
He has had temporary quarters at 218
Stockton street, and while crossing Mont
gomery street, at Bush, he stubbed his toe
against the curbstone and fell forward on
his hands. A big Remington revolver
shot out of his pocket, and the hammer
struck against the curbstone. There was
an explosion that startled the whole neigh
borhood, and the bullet struck Whites
left ankle, bruising the bone and going
through the foot.
Policeman Richter heard the shot, and
ran to the wounded mans assistance. He
led him to the corner drugstore, and later
hack was summoned and he was driven
to his apartments. A doctor was sum-
moned, who left orders that on no account
was the patient to be disturbed. The po-
liceman kept the revolver and sent it to
headquarters.
White explained the presence of the re-
volver in his pocket by saying that he was
taking it to the express Office to be shipped
to friend in Mendocino County. Some
and sent it on to him. He was dissatisfied
with it and returned it to be exchanged.
Then White bought the big Remington,
feeling sure he would be satisfied with it.
!, The cattle king has been for years before
the pubic In connection with the cele-
6Tated divorce suit against his wife, frankie