davidaulloa/AmericanStories huggingface dataset:
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1896-01-13

OPINION OF THE COURT, BY FREAR, ].
This is an appeal from refusal OF
the Circuit Judge OF the Fifth Circuit
to entertain jurisdiction Of petition
for the revocation OF the probate of a
will previously admitted to probate by
himself-the ground of the refusal be
ing that No Judge or Magistrate
shall sit on an appeal or new trial, in
any case in which he may have given
q previous judgment" Conet., Art.
IS.
Neither the letter nor the spirit of
this cODstl utiUbtI provision stands Ia
the way of the Judges Jurisdiction;
for, the case upon which he is asked
to sit il certainly neither an appeal
nor "a Lew al, nor does IL even ia
volve a question upon which hs has
previously passed. The first question
for him to decide is whether the petit
ton shows facts sufficient to entitle
the petitioner to a revocation. This
is question OF law upon which sure
~ he has not previously passed.
If on the one hand the petition
shows the same case as that pre-
sented at the previous hearing or
even if it shows facts which are new
but which are insufficient In law or
which although sufficient in law
might, by the exercise OF reasonable
diligence, have been asceTtained aud
presented at the previous hearing, or
if il shows tho petitioner guilty of
laches, then IL should be dismissed
and not heard further either by the
Judge himself or by any other Judge.
II on the other hand it shows facts
sufficient In law, then second ques7
ton is to be Observation-Disclosures the
allegations are true in fact. The OBJ
- III. 3D. h4n MI ia nf IN
correct errors made at the previous
hearing or to hear the previous case
anew. The remedy TO correct errors
then made was by appeal. On this
petition for revocation the previous
decision must be assumed to have
been correct on the case then pre-
scented aud it cannot be reversed ex-
cept for legally sufficient grounds
which are necessarily grounds that
were not I'R--e'i up''-. at TIA" preTinn-
hearing. The argument OF prrju-
dice from having given previous
Judgment does not apply, for the
reason that The Jud- e is D. expected
to change his opiI&On, but on the con
trary is prohibited from doing go by
the general principles applicable To
res o1djudicdto. The Jurisdiction OF
a Judge 10 sit on a petition for the
revocation Of the probate OF = will
previously admitted TO PROBATE by
himself has hitherto been unques-
toned. Estate of Kaualii, B Ha~.
$50; see also Estate of ksaliiahonui.
9 Haw.1 also Estate OF Banning, 10.
354
The decision appealed from is re-
versed anu the cause rem3Hd'd to the
Circuit Judge for sucn further pro
ceediDgs as may be proper.
E. Johnson for petitioner s. K
Kaeo for respondent.
Honolulu, January 4, 1896.
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1896-01-13
OPINION OF THE COURT, By FRRAR, !

OPINION OF THE COURT, BY PRRAR, ].
This is an appeal from . decree of q
Circuit Judge upou - writ OF eertiorari
ouashing the proceedings of the Dis
trict Magistrate. of HouoIulu IN q GER
tain action and directing the Magis-
trate TO try the case anew.
The action was assumpsit for money
loaned and for money paid upon an
Endorsement, with al arrest OF the
defendant, Carvalho,' "a = fraudulent
debtor, The plaintiff, Mattos, proved
the Indebtedness aud, to show that 1t
was contracted In 3 fraudulent man
ner, testified that he loaned the money
and Endorsed the pOte in-reliance up
on defendants statement that he had
$500 in the hands of q man at Homo
kaa. and that defendant now denies
that he eyer made such statement.
The plaintiff then rested and the
defendant moved for discharge IT I'M
custody on the GROUND that the frauu
was not made out. The motion WAS
granted. The defendant then adj
mitTed the Indebtedness, but testified
that he had executed mortgage t"
secure it, with hts father 81 surety,
and that the mortgage hal o-en seut
home. 90 MAdeirA) for bic fAther-
eiyuatur-: tat rho mortgage Wa fnr
tn e. year. ont TIA hs ,,tAI-itiE .iA'i
agreed IN it. PlAiDtin's couhsel tneH
iuformef the urt that he ma
nothing fnrt OF ." -ay, AMI Jufgm~nt
wa reIIrsr3eJ Tor 'Ief" adAsa
It lie confeufed that the Magistrate
was without Jurisdiction 10 order the
defendants discharge, for the reason
that there w as no evideucs 10 disprove
the fraud; also, that he was without
furf-dI;tfon to render the final Judg-
rneut. for the reason that no pay ment
OF the debt was shown.
The error, II any, Of the Magistrate
wa. one Of Judgment, not Of excess OF
fnrisdictfon. He had Jurisdiction OF
fns parties and the snhjeos matter TO
render the particular JndgmSns. There
-. no refusal 10 hear evidence, nor
svsn a DECISION, without evidence, but
the question is ose merely Of correct
-. ~ a decision upon the su1iciency
~ the evid.uce whether la law or
Tact An err0nsous decision IL not
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1896-01-13
The Birth stone
for January is the
Garnet.
Sure OF His Train Time.

What time will that train be in,
do you Think" asked the impatient
man.
1T is purity hard to tell" answer
ed the agent of the little Southern
branch line in the presence
OF a Cincinnati Tribune reporter.
''Sence Bills tree was cut down
he finds it a heap of trouble max
in jest the right time"
"Bill's treen'
Vas, Bill; he is the conductor,
YOU know. The tree l was speak
in OF stood alongside the track
about thirty mile up the road from
here. and when the train come
along and the shadder of the tree
laid across the middle OF the top
rail of Buck Johnson 1ence, BIZ
knowed he was on time and could
gage her about tie git here on
schedule time. Now they cut i
down and all Bill has to go by Is
his own guess. Company was
talking some of putin up pole II
the place whar the tree ulster be
but they hain't done it yit."
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1896-01-13
WILL REMAIN IN HONOLULU
Ed. Dekum Has Accepted Posi-
ton with Wall, Nichols Co.

Ed. Dekum Has Accepted a Posi-
ton with Wall, Nichols Co.
Edward Dekum, who has had
fifteen years experience in the
book and stationery line in Port
land, Oregon, has accepted a posi-
ton with Wall, Nichols Company.
Mr.. Dekum was compelled to dis
pose OF his business on the Coast
on account of continued i'll health.
de nas spent tHo winters on the
islands, and always returned home
much benefited. Sufficient induce
lnents were offered HIM To remain
here and he has decided to stay
and make Honolulu his future
home.
While in Portland Mr.. Dekum
delivered several lectures on the
islands, with stereopticon views,
and was an enthusiastic worker IN
getting up the play Hawaiian
King Pro Tenn" which was. rend-
cred last May with much. success
in Portland. He has also within
the past five years freely given all
who came to him much informa-
ton regarding this country, and
thereby been instrumental in send
ing a great many Oregonians to
this place, where they have made
| investments.
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1896-01-13

There are watches and
watches,
But for watches made to
run and keep accurate time,
Watches made to run
trains by,
Watches made to wear as
we'll as they look,
Watches which are cover
ed in every point by "Our
Guarantee"
Our watches lead.
We have every grade
made, from the cheapest to
the highest. in all sorts of
cases.
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1896-01-13
In the Supreme Court of the
Hawaiian Islands.

= DECEMBER TERN, 1895.
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1896-01-13

cred Six Hand ope
AeiSni~i@
I
COL
raj
+
lies. pin
in r
49,, no GAIT ~,
Haudkercbiefs. and
Not
tow
e
PdjdmdS. IF
-. co.;a. r,ic
aso SoSlSo' -,
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1896-01-13

DoMINeos il. MArTos vs. ". l..
WILCOX, DISTRICT MAGISTRATE
OF HONOLULU; AND JOSE J. CAR
VA -HO.
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1896-01-13

Article 50 OF the Constitution does not dis
qualify Judge from sitting on a petition
for the revocation OF the probate OF 4
will previously admitted TO probate by
himself
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1896-01-13

Ckrtiorari lies to set asite only such pro-
.-e-eijs = are ah-n u:aly voi1 - 90
c-,rrect mere errors vi judgnshs Wh<tner
vi law or fact.
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1896-01-13

In the matter of the estate of OPAE,
deceased.
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1896-01-13

Before JUDD, c. J., aud FREAR, j.
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1896-01-13
DAI NIPPON
Arlington Block, Hotel Street.
Elk CITY OF PEkING

In white colors and
open work. Some
thing extra fine.
Hand painted on
colored and white
silk and open work.
Fancy fringe.
Raised embroider-
ed. ColorS: White,
pink, blue, gold, yell
lo-r and Nils green
Pure Japanese silk
in plain hemstitched,
EN- broidered initial
and colored borders.
Nothing like them in
town.
Special importation
of fine silk paiamaS.
In colors with fancy
raised embroidery
work.
Extra fine crepe,
heavy raised en-
broidery work.
Special line for
holidays.
Finest silk crepe
made in new designs
with sash TO match.
Finest of japanese
silk, cream, white,
blue, all new colorings
special quality, ALSO
lutelv flawleSS.
Silk eweiry boxes,
pin cushions, picture
frames, porcelain and
lacquer ware.
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1896-01-13
In the Supreme Court of the
Hawaiian Islands.
DECEMBER TERM, 1895.

Before JUDD, C. j., and FBEAR, ].
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1896-01-13
Benefit Of Latest Styles.

All office which is supplied with the new styles Of
type as they inroduced--seected with Judgment
invests n new appliances and machinery for the rapid
production of work. and employing only the best of work
men, must necessarily produce better and finer work, and
get better prices than where only few founts of
type made to do duty from years end to the other
Every printer knows it impossible to do thoroughly
good work cheaply while common work can be turned
almost less than the cost of paper for good one
without consideration of value of the time of first
class workman We have suited you in the past, try
now.
Perrysburg journal. (Perrysburg, Wood Co., O. [Ohio]) 186?-1965, 1896-10-10
FOREIGN.

The Spanish government has decided
to send 10000 more troops to Cuba to
reinforce the Spanish army in the
island.
The Palace of Varieties, a playhouse
at Aberdeen, Scotland, was burned at
the beginning of performance and 40
persons were injured, 10 fatally.
The sloop Spray, which sailed from
Boston in 1898 with Capt. Joshua Slo-
cum as it's only occupant, arrived at
Newcastle. N. S. W.
The Jewish quarter of Fee, the prin.
cipal city of the empire of Morocco. was
burned and several persons perished and
many were fatally injured.
Advices from Vienna say that the
powers have agreed upon specific set
telement of the eastern question hon
orable to all parties and amply guaran-
teeing the security of the Armenisns.
malignant fever has ravnged Turke-
stan for the past two months, causing
the death of 10000 persons.
The report from Vienna that the pow
ers had agreed upon a pacific settle
mint of the eastern question, honor
able to all parties, and amply guaran-
tee:ng the security of the Armenians,
is denied.
Advices state that Antonio Maceo in
a recent attack on the trocha in Cuba
inflicted terrible losses on the Spa aniards,
more than 1000 being killed and wound
ed.
The total business failures through
out Canada amount to 1861 for the past
pine months, an increase of 3I5, COM
pared with the corresponding period
last year. Total liabilities amounted to
12,219,Ooo, against $9.T69 las. year.
Insurgents fought and killed 50 Turk.
ish soldiers near Gravena, Greece.
William Morris, the poet, author and
designer, died in London, aged 62 years.
Ia speech from the throne at the
close of the diet Emperor Francis
Joseph, as king of Hungary, referred
with satisfaction to the fact that his
country stood on the best and most
friendly relations with all the powers.
Perrysburg journal. (Perrysburg, Wood Co., O. [Ohio]) 186?-1965, 1896-10-10
Frocks for Older Girls.

School frocks for girls from eight to
twelve years of age are as important as
the better ones. These are oftenest
made of serge, cheviot, plaid and mixed
woolens. A most serviceable design of
green and brown mixed cheviot has
lining of brown percaline, full skirt
three yards and n half wide, full
topped sleeves and high waist having
the front dropping little over the belt
of green velveteen. Collar of velveteen,
and tabs from each shoulder seam two
inches wide and six long, reaching a
third of the way to the belt Epaulette
pieces over the shoulders reach to the
bottom of the tabs. A row of small
gilt or steel buttons trim each edge of
the velveteen tabs. A brown serge
may be made with a similar skirt,
large sleeves and a round waist close
fitting at the back and sides and loose
and dropping in front like blouse,
with a box plait and two side plaits
bordering it laid at the top These
are held in place by four fancy but
tons down each pIait, falling loosely
below; the back fastens with fancy
buttons that should not be larger than
n ten-cent piece. Cherry-colored taf-
feta ribbon three inches wide folded
around a narrow standing collar and
tied at the back.-Ladies' Home Jour
nol
Perrysburg journal. (Perrysburg, Wood Co., O. [Ohio]) 186?-1965, 1896-10-10
LATER.

THE New York Journal of Commerce
and CONNER cial Bulletin says the fire
loss of the United States and Canada
during the month of September
amounted to SIS, 200, $50.
THE eighty-seventh annual meeting
of the Amer lean Board of Foreign Mis-
sions opened at Toledo, o., on the 9th.
The report of tn treasurer showed
the cost of missions for the year to be
S572, 533. The total expenditures were
$74S, 1o4. Donations for the year, lega-
cies, interest and sales of curios at
Honolulu make the total receipts
$743, 1O4.
JOHN MAcLEAN & Co., wholesale
milliners of Montreal, assigned on the
9th. Liabilities S175,43
THE president has appointed Edgar
Nichols postmaster at Benton Harbor,
Mich, and b. A. Ray, at Bonne Terre,
Mo
AT Potsville, Pa, on the 5th, gas
explosion in Williams colliery killed
Joseph Donelly and seriously injured
Richard Reese, Edward Reese and
James Brown.
The Cuban rebel leader Nestor San
tiesteban has been shot at Ii olguin for
the crime of rebellion. Another in
surgent leader, Antonio Hernandez
Alvarez, has been sentenced to death
by court martial at Matanzas.
b. l.. PRICE & Co.. clothing manu-
facturers of New York City, failed on
the 9th. Liabilities 1925, 600; nominal
assets $S5, 900; actual assets $25, 900.
Miss CLARA BARTON, president of
the American National Red Cross, and
the mem bers of her staff who recently
arrived in New York from Turkey,
reached Washington on the 5th and
reopened the Red Cross headquarters.
The house has been closed during Miss
Barton's absence.
THE treasury gold reserve at the
close of business on the 9th stood at
$125, 1856, ,OS9. The days Withdrawals at
New York were 800, 400
SIR JULIAN PAUNCEFoTE, the British
ambassador to the United States, will
sail for New York on the steamer Teu-
tonic on October 81, which is sooner
than he originally intended to leave
England.
CAPT. w. NJ. WILLIAMS. u. S. A., who
WaS iouhu Buhty oh coury-muroihi ol
nom n-payment of debts and sentenced to
retirement on half pay, was again
placed on trial before court-,partial at
Fort Wayne, Mich, on the 9th. Capt
Williams was not present when court
convened and ON request of Col. Clous,
his counsel, the judge advocate had an
official notice to present himself served
by the commandant Of the post.
Perrysburg journal. (Perrysburg, Wood Co., O. [Ohio]) 186?-1965, 1896-10-10
100000 Loss by Fire.

CANTON, Oct. 6.-The Canton Buggy
and Gear Co. suffered loss of $40, 600
by fire Monday morning. The front
part of the building, used as storage
place for finished work, was entirely
consumed. The department succeeded
in saving the balance of the plant,
which contained unfinished work and
machinery. Little insurance was car.
ried on the works destroyed. The ori-
gin of the fire is unknown, but looks
as if incendiaries had been at work.
Perrysburg journal. (Perrysburg, Wood Co., O. [Ohio]) 186?-1965, 1896-10-10
PERSONAL AND po,IrloAl


The republicans of Colorado met al
Colorado Springs and nominated Judge
George w. Allen, of Arapahoe county,
for governor.
New York republicans made the fol-
lowing congressional nominations: Sec
ond district, d. NJ. Hurley; Third, f.
II. Wilson; Fourth, l. f. Fisher; Fifth,
c. g. Bennett; Sixth, j. II. Howe.
The republicans of Massachusetts, in
state convention in Boston nominated
Roger Wolcott, of that city, for gov
ernor.
The state convention of "sound
money" democrats at Omaha, Neb.,
nominated Robert S. Bibb, of Gage
county, for governor.
The state committee of the national
democratic party decided not TO put q
state ticket in the field in Indiana.
In a letter William j. Bryan, demo-
cratic nominee for the presidency, ac-
cepts also the nomination for the same
office rendered him by the people 8
party.
At the quadrennial convention in
st. Louis of the National Association OF
Democratic clubs C. F. Black, of Penn
sylvania, was elected president. The
report of the committee on resolutions
indorsing the Chicago platform and
ticket was adopted.
Town elections were held in Connecti-
cut excepting at Hartford, New Haven,
bridgeport, Ansonia, Derby and Nauga-
tuck, and the results show decided
gain in republican strength.
Perrysburg journal. (Perrysburg, Wood Co., O. [Ohio]) 186?-1965, 1896-10-10
Twenty workmen Injured.

WOOSTER, Oct. 6.-While raising a
barn on the farm of Daniel Vile, near
West Canaan, the framework broke
just as the men had roof timbers in
position, letting the heavy mass of oak
timbers fall upon 90 men engaged in
the work. All of them received in
juries, six of them having limbs broken.
Cyrus Ewing, who had his jaw broken,
and Henry Smell, all of the ribs of his
left side, it is thought will die. The
accident was witnessed by 800 people
who had gathered to assist in the work.
Perrysburg journal. (Perrysburg, Wood Co., O. [Ohio]) 186?-1965, 1896-10-10

CLEVELAND, Oct. 7.-The estate of
the late Senator II. b. Payne was di-
vided yesterday among the heirs.
Oliver H. Payne relinquished by deed
his entire third interest in the estate
for private consideration. The other
heirs are Mrs II. b. Payne, the widow;
Mary p. Bingham, Harry p. Whitney,
Pauline P. Whitney Paget, Payne
Whitney, Dorothy P. Whitney and
Charles w. Bingham, all of whom re-
ceive proportionate share. The
anded estate includes property to the
amount of 81, 800, 900, most of which is
in business blocks, besides large
amount of suburban property.
Perrysburg journal. (Perrysburg, Wood Co., O. [Ohio]) 186?-1965, 1896-10-10

RECENTLY a prominent lawyer ar
rived in Washington for consultation
regarding some patent cases. During
the conversation a match to light a
Cigar was lacking, and the Washing
tonian remarked that piece of ice
would do just as well. The Washing
tonian took piece of ice about an inch
thick from the water cooler, whitfield
it into the shape of disk, and with
the palms of his hands melted its two
sides convex, thus giving the form of a
double convex lens or burning glass
With it he focused the suns rays on
the end of his cigar, and lastly set it
on fire.
Perrysburg journal. (Perrysburg, Wood Co., O. [Ohio]) 186?-1965, 1896-10-10

AT the present day pun-making is not
regarded as crime worthy of capital
punishment, but there is on record in
Blackstone case where a man was
put to death because he made pun.
The man was an innkeeper and his
tavern was called The Crown. He re-
marked ON the birth of son that he
would make him "heir to the Crown {"
TIL" speech coming to the ears of the
Hius who then reigned, the innkeeper
~ sent need to the death meted out
lgr high > ason-he was hung, drawn
-.-G qua. tered.
Perrysburg journal. (Perrysburg, Wood Co., O. [Ohio]) 186?-1965, 1896-10-10
OHIO NEWS.
Items of Interest from All Sections
of the State.
VIII Test tho Law.

BOWLING GREEN, Oct IA novel
case has been started in the criminal
courts of Wood county, which will be
watched with interest by oil men and
operators in Ohio. The Pretzel Oil Co
has an excellent lease in Webster
township and keep the pumps running
night and day. Several citizens in the
vicinity became possessed of Puritanic
notions and ordered the company not
to pump the wells on Sunday. The
bumpers were arrested and fined for
laboring on Sunday. The company
hired a strict Seventh Day Adventist
to pump their wells on Sunday, and in
turn he was arrested. The case will
be carried to the higher courts.
Perrysburg journal. (Perrysburg, Wood Co., O. [Ohio]) 186?-1965, 1896-10-10

IN certain parts of The world, most
notably that portion OF the ocean west
of the Cape Verde islands, mariners,
while hundreds of miles from land, of
ten encounter what is known as dry
fogs." While sailing through these
fogs, which are usually of such dem
sity as to obscure every thing and
make navigation quite dangerous, the
ships decks, sails and rigging become
covered with fine, brick-colored dust.
This dust falls in such way that it ia
referred to by sailors as dry mist. Z"
The quantity is sometimes sufficient To
cover the deck to the depth of several
inches
Perrysburg journal. (Perrysburg, Wood Co., O. [Ohio]) 186?-1965, 1896-10-10
Too Much Rain in Seneca County.

ATTIcA, Oct SIT has rained stead
lily in this locality for nearly a week.
Old settlers say that such rainfall
never occurred in this county. Farms
along Honey creek are entirely COW
cred with water. Great will be the
loss sustained by the farmers who have
their corn still in the field, from the
fact that it is decaying. Fences are
being torn down and floated away by
the waters. 1t is feared that the wheat
crop will be entirely destroyed