davidaulloa/AmericanStories huggingface dataset:
The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1901-01-02
MERR|COURT GETS MONEY
SUPREME COURT sUsTAINs HIS
CAUSE
over $1,000 Must be Paid by Norwalk
Company on Account of Burning of
Premises i'm Kalihi.

The Supreme Court has filed deci-
sion I'm the case of A. q. Merricourt VS..
Norwalk Fire Insurance Company, ap-
peal denying the motion of defendant
for a reversal and affirming the deci-
sion of the lower court in favor of
plaintiff. This suit was instituted to
recover insurance on a house in kalihi
which was mysteriously burned about
two years ago. Defendant tried to es-
tablish that the house was fired, and
made a hard fight to that end. The
Circuit Judge decided in favor of plain
tiff. Appeal was taken on several points
The Supreme Courts ruling is, in sub
stance, as follows:
The latitude allowed to counsel in the
cross examination of witnesses is large
ly in the discretion of the trial court,
and is not proper course for reversal,
unless such discretion has been OppreS-
sively abused.
Where proofs of loss are prepared in
the office and under the advice, aid and
instruction of the company's authorized
agent, the company thereby valves the
right to object to defects in the proofs
Evidence of previous fires in which
the plaintiff had suffered loss and col
lected insurance, not admissible unless
the previous fires were a part of sys-
tenn of frauds of which the fire in ques-
| ton was an essential step.
An instruction asked by the defen-
| dant and modified by the court and
given in the following language: III
you find that the insured did not truly
state his interest in the property
| covered by either of the policies, as by
stating that he owned property which
in fact belonged to his wife, and did sc
deliberately, knowing the statement tC
be false, then such policy is void and
the plaintiff cannot recover"-held to bC
| a correct statement of the law.
! The trial of the cause commenced OF
| Tuesday and closed Saturday evening
on Friday morning defendants agent
/ and attorney learned of certain rumor
ed misconduct of one of the jurors in
dicating, on the part of the juror
strong bias and prejudice against in.
surance companies. No notice of th1:
fact was brought to the attention of tn,
court, and the trial continued to yer.
dict without objection. Held, that tn,
defendant did not use proper diligence
to entitle it to make the alleged mis-
conduct of the juror the basis of a mo
ton for a new trial, that by silence anC
inaction it waived such right, if any ex
listed.
The opinion is by Justice Galbraitl
and is concurred in by Chief justice
Frear and w. L. Stanley.
The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1901-01-02
AssUMPsGT SUIT AGAINST LOCAL
FIRM.
First Time Attempt Has Been Made at
Hongkong to Collect Debts Through
Hawaiian Courts.

For perhaps the first time in history
civil suit from China has been
brought i'm the courts of these Islands.
1t is a Chinese affair throughout, both
plaintiff and defendant belonging to
that race. The suit Is for the sum of
$18iGO3, alleged to be due on a balance
for goods sold from Hongkong and
shipped to Honolulu.
The suit is brought by the firm of
Kwong Lee Yuen, of Hongkong, against
Sam Wo Hop Kee, of Honolulu. Nam
Chong Wal, of Hanapepe, Kauai, and
Yau Lee, of Lahaina, Maui, are named
as garnishees. The latter firms are
supposed to hold moneys belonging to
the defendant. 1t is understood that
the defendant has been in bad straits
for some time.
The feature of the suit is it's COM
ing from a foreign country, particular
ly from China. Such courtesies are eX-
changed between sellers and bad debt
ors between Europe and the United
States. but this is the first time China
has put an oar into the assumpt swim
of Hawaii. If successful other Hong
kong firms will in future proceed in the
same, way. 1t may be said, however
that Honolulu Chinese, almost without
exception pay their debts promptly in
their home country.
The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1901-01-02
TO INCREASE FISH SUPPLY
PUBLIC MEETING CALLED FOR
TOMORROW.
Organization to be Formed to Protect
the Fish of Our Waters and to In
crease the Variety.

A promising movement has been in
stituted by Secretary II. r. Cooper to
increase the number of fishes fit for
food in the Territory. His idea, which
has now taken tangible shape, is to or
ganize a society the object of which will
be to deal with the subject in all its
bearings. A paper has been circulated
and a large number of men have join
ed. At o'clock tomorrow afternoon a
meeting will be held in the Chamber of
Commerce at which organization Will
be perfected and work will be taken up.
The following is a copy of the paper
circulated and the signatures thus far
received:
Henry e. Cooper, James II. Boyd, H.
c. Austin, A. L. c. Atkinson, C. d.
Chase, Il. A. Peterson, Arthur b. Wood,
Alfred Carter, c. b. Wood S. NJ. Damon
j. A. McCandless, John Ross. Sanford
b. Dole, w. w. Dimond, William O.
Smith, F. NJ. Hatch, Cecil Brown, T.
W. Hebron, w. w. Hall, e. o. White,
George w Smith, Henry Waterhouse,
James G.. Spencer, Theodore F. Lansing,
Wray Taylor, Alatau T. Atkinson, ]. H.
Brown, M. NJ. Scott, A. w. Van Walker
burg, Allen Herbert, A. b. Emerson, w.
r. Castle, Paul Neumann l.. A. Thurs
ton, j. X. Gait, Il. A. MOtt-Smith, w.
Lishman. j. NJ. McChesney, j. M. Whit
ney. e. H. Wodehouse T. King, L. c.
Ables, II. H. Parker. j. Ena, VIII f.
Fisher, w. c. Wilder, F. j. Lowrey, p.
Muhlendorf, John II. Soper, William It.
Brigham, G.. p. Wilder per II. H., VIII
lard r. Brown, L. e. Pinkham, Frank
Hustace. F. A. Schaefer. c. Bolte. Geor-
ge f. Davies, f.. w. Jordan, S. May,
w f. Frear, Walter G.. Smith, e. T.
Bishop, Henry Davis. E. c. Macfarlane
M. A. Gonsalves. John Emmeluth. A,
| Young, James f. Morgan, H. AleXan-
der Isenberg, William Mutch, II. F.
Lewis. Edgar Halstead, u. Thompson
w. NJ. Clifford, Charles l.. Rhodes, f.
A. Berndt, l.. d. Timmons, A. S. Hart
well, w. f. Allen.
Other signatures will be received dur
ing the day and at the meeting tomor-
row. The men most interested in stock
ing Pearl Harbor and Island streams
with desirable first wish the co-opera-
| tion of all citizens
The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1901-01-02
THE DIAMOND HEAD ROW
CHARLES PETERSON FINED AND
PUT UNDER BONDS
Judge Wilcox Assesses Him $50 and
Binds Him to Keep the Peace for
One Year.

Diamond Head Charlie is under bonds
of $lOO to keep the peace towards Cap
tain G. Nelson, who Keeps the light
house at Diamond Head. The two old
men appeared before Judge Wilcox
this mornin" and the spirit of enmity
seemed so strong that the judge fear
ed further action by Charlie, with the
club that is alleged to have blacked
Nelson's eye. For the assault and bat
terry Peterson was fined $780,
1t appeared that Nelson called Peter
son a thief, about two weeks ago and
after long brooding over the terrible
insult Peterson secured a suitable club,
which was brought into court today
and he lay in wait till Nelson came
along. AS to what happened then,
Nelson's bunged-up face was the best
evidence.
Judge Wilcox thought the assault
was very serious one and might even
have ended in murder. The defendant
and complaining witness glared at one
another before the bar of justice and
seemed so ready to resume the late en-
counter that Deputy Sheriff Chilling
worth got between them. Peterson's S
objections to Nelson appeared to cover
most of the latter's daily routine of
life. He didn't like the way Nelson
did his work. the visitors he received,
nor the way he took liquid refresh
ments Judge Wilcox told Peterson that
all this was none of his business also
that it was none of his business if
Captain Nelson missed all the steam
ers that passed. Nelson was informed
that he was not to concern himself If
Diamond Head Charlie never telephon-
ed any vessels at all.
"Oof he don't let me alone once
there'll be trouble already" said Cap
tain Nelson, glaring through his dis
colored eyes at Peterson Peterson
moved up and began to explain that
he would never submit to being called
a thief, but the judge and the deputy
sheriff interferred and stopped the in
cipient riot.
Peterson and Nelson are to live side
by side on Diamond Head and never
speak, according to the judges instruc-
tions. His honor remarked that it was
no use to build a high fence between
their abodes, because Nelson could
scale his light house, look over it and
make faces at the other man, if he felt
like it. He told the telegraph station
man that he ought to leave Nelson tC
attend to the business of the light house
uninterrupted by any criticisms. 81
doesn't matter to you if the light is
never lit at ALL" said the Judge, wher
Peterson began to tell how the light
house business was neglected.
There has been more or less bad blood
between the two men who live at Dia'
mond Head for some time. Peterson
denied that he lay in waith with his
club, but the evidence was that ht
had tarried by the wayside until Neil
son came along, and that Nelson hat
been very we'll knocked out. Peterson
paid his fine of $50, promised to b.
peaceful in the future and was allow
ed to leave and find bondsmen to pu
up $100 that he would really refrair
from a new assault on the light hous'
man.
The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1901-01-02
UNUSUALLY HIGH TIDES.

Prof. Lyons says that for the remain
der of the week and particularly on
Thursday and Friday, the early morn
ing high tides will be unusually high
and the forenoon low tides unusually
low. This is always the case at this
time of the year. The early morning
high tide tomorrow will be at 246
o'clock a. m. and will be feet 2 inches.
The early morning tide Friday will be
at 1925 o'clock and will be 2 feet
inches. Saturday morning high tide
will be at 4:05 o'clock and will be 2
feet 1 inch. After that the tides will
be as usual less than 2 feet
The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1901-01-02
ESTABLISH NEW FIGURES NEW CITIES Of THE DEAD
1NTERMENTS IN OLD CEMETE-
RIEs INTERDICTED.
Regulation Of the Board of Health in
the Matter Went Into Effect With the
Century

The Board of Health regulation pro-
hibiting interments in any of the ceme-
teries within the city limits went into
effect with the dawning of the new
year. The regulation prohibits the in
terment of bodies i'm any of the well
known cemeteries except in plots owned
by individuals.
The board of health has sent out n
quantity of blank notices to all super
intendents of cemeteries in which
every applicant for "a burial permit
must legally certify that they own a
lot in the cemetery designated. No
permit will be issued until the board
of health is satisfied that the applicant
is the posSessOr of a cemetery plot
/, The Pearl City Cemetery will today
receive it's first dead This cemetery
is outside the limits included in the
regulation. 1t is reached by the trains
of the Oahu Railway.
Gear Lansing & Company have a
tract of land beyond Diamond Head
which 1t is proposed to use for ceme-
terry purposes. 1t has been surveyed
and two different plans for it's plot
ting and arrangement have been drawn.
Which will be adopted depends on just
what plan for the management and
maintenance of the cemetery is adopt
ed. . A. V. Gear says two plans are be-
ing considered. One of these is to sub
divide the land into suitable sized
| plots the plots to be sold to societies or
similar organizations for the burial of
| their aceased members. If it is decided
| to adopt this plan, the various plots
will be separated by trees and flower
! ing hedges and the scheme of landscape
! gardening will be made to conform to
/ this general arrangement On the
| other hand a regular cemetery asso-
! citation may be formed to conduct the
| property as a cemetery as is ordinarily
! done lots and plots to be sold to the
! public generally. If this arrangement
| is adopted the landscape gardening
plan will be made to conform to 1t.
| The tract of land will eventually be
reached by one and probably two lines
| of electric railway. There is already
a good carriage road to the property.
| The undertakers are said to have
agreed to make just the same charge
| for funerals to this property as the
| place of interments as is charged for
funerals at other cemeteries. The rates
! of hack hire for funerals is regulated
by law. So that Mr.. Gear says the
property is ready for use as a place of
-interment now. ---s--,. ,..--
Three bodies will this afternoon be in
tered in the new cemetery at Remond
Grove They are: w. Horace Wright.
Englishman, aged SO; suicided Monday
night; Whineaea, aged rs died at Vic
toria hospital for incurables today of
consumption; Goto Ichitaro, aged 35,
died on Liliha street yesterday of
tentanus.
The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1901-01-02
.PLAGUE STILL IN JAPAN FROM CHINA 70 HAWAII.
NEW CASES ARE CONTINUALLY
ARISING.
Crusade Against Rats-Emperor Makes
a Donation to the Fund for Prevent
ing the spread Of the Scourge.

YOKOHAMA, December 10.-A fatal
case of plague is reported from Nuasa-
cho, Wakayama Ken today
YOKOHAMA, December 12.-Two
further cases of plague are reported
from Yuasacho, Wakalama Ken.
The Government has decided TO es-
tablish quarantine office in Osaka and
to adopt rigorous measures to stamp
out the plague in that city.
YOKOHAMA, December 1S.-Two
more cases of genuine plague have been
officially reported, one a man named
Sennosuke Namura, living in Iwasaki-
cho, Osaka and another named Chi
hara Katsuzo at Yuasamachi, Waka-
yama.
On the 18th and 10th inst, 131 dead
rats were purchased by the Yokohama
Hcity authorities at the rate of sen per
head.
YOKOHAMA, December 21.-It is
officially reported from Wakayama
| that Iwasaki Tsune, 90 years of age
died at Yuasamachi on the 18th instant
the case being proved, on a post NOR
tenn examination, to be one of genuine
plague.
Owing to the spread of bubonic plague
at Osaka, the Nagasaki authorities
have declared special quarantine regu-
lations against vessels arriving from
or by way of the infected port. The
owners and agents of steamers plying
between Nagasaki and Osaka that nc
vessels from or via Osaka will be al
lowed to enter NagasaH harbor during
I the night.
Their Majesties the Emperor and EN-
press have been pleased to contribute
the sum of Y. 5000 towards the fund Of
plague preventive measures in Osaka
YOKOHAMA, December 22.-Th'
Life Insurance Companies have no
suffered from the plague, which has
been confined to the lower classes. 81
far, people in higher and middle class
life have been almost entirely exempt
Japan Daily Advertiser.
NEW YORK, December 19.-As {
precaution against the introduction o.
bubonic plague the port authorities a
Calais and Dunkirk are endeavorint
to exterminate rats around the dock'
and to prevent them coming ashore
from the shipping.
The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1901-01-02
HORACE WRIGHT SFUNERAL
THE FIRST GRAVE IN THE NEW
CEMETERY.
The Remains of the Dead Newspaper
man Taken to Pearl City This After
noon.

The remains of the late w. Horace
Wright were taken to Pearl City this
afternoon to be inferred in the new
cemetery there. There were no ser
vices in Honolulu. The body lay at
the residence of undertaken Williams
until it was removed to the railroad
station.
A number of floral tributes to the
memory of the deceased were sent this
morning, and the body was followed
to Pearl City by members of the bar
and newspaper profession, all the local
papers being represented. Some of the
mourners said their final farewell at
the railroad station here.
The services at the grave were con-
Quoted by the Rev. w. W. WesterVelt.
The train taking the remains and the
mourners left at 2:15 and the funeral
services were held Immediately after
arrival at Perl City.
The dead newspaperman and lawyer
fills the only grave in the new ceme-
terry at Pearl City, this afternoons fun
eral being the first one held there.
The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1901-01-02
ADMIRAL BEARDsLEE.

TOXIC, December 19.-On Friday
evening a dinner was given to Admiral
and Mrs Beardslee at the Chitosero
by Mr.. Otani Kahei and Mr.. Umeda,
Mayor of Yokohama. The entertain
ment was in purely Japanese style.
addresses were delivered by the Admir-
al, Mr.. Otani, and Mr.. Sufu, Governor
of Kanagawa Ken. About fifty persons
were present, including Mr.. G. FL. Scid-
more, members of the Municipal Coun-
ell. and the Chamber of Commerce.
Admiral and Mrs. Beardslee left Yo-
kohama on Wednesday for Shanghai in
the S. S. China. After a short stay in
Shanghai, they will visit Manila, via
Hongkong, and are expected to return
to japan next spring.
The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1901-01-02
POOR LICK

SAN FRANCISCO, December 19-The
steam whaling bark Fearless, Captain
McKenna, is on her way back to San
Francisco to close what has been an
unfortunate cruise.
The Fearless is now out thirty seven
days from Unalaska-an unusually
long time for the trip. The delay is
explained by advlces which reached this
city today from the North. When the
Fearless got into Unalaska she did not
have a pound of coal in her bunkers
She has been in the northern seas fol
two years.
All the fuel that could be procured al
Unalaska was fifty tons of soft coal,
and the steamer was obliged to start
homeward with this limited supply.
She is coming southwark under sail
making very slow time-probably not
over two or three knots an hour The
coal will not be used except on the last
day or two before the steamer reaches
port.
The Fearless has had anything but a
successful season. The report is that
she has only four whales.
The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1901-01-02
LUs1TANA SOCIETY CELEBRATES
Exercises Began With Early Morning
Band Concert.

Members of the Lusitana Benevolent
Society celebrated the nineteenth ami
versary of the order. The celebration
began early in the day and lasted un-
til the evening.
The Concordia band began the exer-
cises at a. m. by playing at the So
ciety's hall on Alapai street. At 11:30
o clock the members of the order gath
cred at the club hall and marched
down to the Cathedral where solemn
benediction was pronounced by His
Lordship, the Bishop of PanOpolis The
Portuguese consul A. de Sousa Cana
Varro was present.
From the church, the party returned
to the hall where a reception was held.
Speeches We're made by NJ. G.. Con
salves, Louis Andrade and j. G. Silva
who had helped found the society in
1882.
The original organization consisted of
only % members Meetings We're held
at the house of the various members.
The order grew however and now at
the dawning of the first score of years,
II has over 800 members, with "A fund
OF 0.000. The society Is benevolent in
character, It's principal provisions be-
ing care of sick members, who are al
lowed "A weekly income and given free
medical attention. AZ the death of any
member every surviving member sub
scribes a dollar each for "A fund TO go
Ia the family of the deceased.
Ia the evening a second reception
was held In the hall, speeches being
made by leading members. During
this celebration the lights went out and
others had 10 be imprOvlsed, The band
gave "a concert In the grounds
The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1901-01-02
BIG DEMAND FOR FISH

The demand for fish on Monday was
the largest in many years and the sale
was enormous. Everybody seemed de-
sirous of enjoying fresh fish on New
Years day and the venders at the mar
ket were rushed from early dawn un-
til closing time. Everybody sold out
his stock and realized big prices for it.
Between 5000 and 1000 fish We're sold.
The prices were much higher than
usual 'wo small mullet bringing 25
cents. All of the fishermen took holi-
day yesterday and in consequence
there was very little fish on hand to-
day There was small supply receiY-
ed at noon. Market Inspector Berndt
will have the counters and fences
painted this week
The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1901-01-02
LEVERS & COOKE CUT LUMBER
PRICES.
Break Away From Trust and Announce
Their own Selling Rates-Reduction
All Down the Line.

Levers & Cooke, Limited, the first
concern to break away from the lum-
Der combination on its being pointed
out TO 1t that the combine was illegal
and probably morally wrong has an
nounCed a reduction i'm its prices all
along the line and issued "A new list to
its customers. The reductions made
on various lumber are to the advan-
age of the purchaser as follows: Rough
merchantable Ike to 6x6, not over 81
feet long, 81 per thousand feet; same
over IL inches wide and over 80 feet
long, 81; same, 1x3, 4, and 1Ax4, 81;
same, timber, 5x10 and over, $3.50;
tongued and grooved, Ike, $1.5O; same
1x4, 1Ax4 and 6, 81; rustic and double
lap siding, so; clear surface and side
slash grain, $780, same, vertical grain
$780, same, stepping, $3.50; pickets
rouph points, board measures, 81.
Redwood-Rough merchantable, 50.
fluming, $3.50; clear, $3.50; battens
AX2, and 3, $3.50; clear, surfaced one
side, up to Is inches wide. $780, same
over Is inches, 50; tongued and grooved
$1.50; rustic and clapboards $1.50; rail
way ties, $1.50.
Spruce-Clear, surfaced one side. 1:
and IA inches, $3.50; same, 16 and Il
inches, $3.50.
Shingles-Redwood, common, 9
cents; same, fancy, so cents; cedar
sawn, 6X2, rs cents; same, 5X2, % cents
| Laths-Four feet, 100 to bundle,
cents; feet, so to bundle, cents;
feet, so to bundle, cents.
! Posts-Split redwood, cents each.
The figures above are merely tn,
| differences between the old prices ant
! the prices Levers & Cooke, Limited
now announce. They show the amour
a customer will save under the nev
! status
The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1901-01-02
AMENDED THE BYLAWS.

A meeting of the stockholders of the
Kahuku Plantation Company was held
at the chamber of commerce this MORN
ing for the purpose of considering the
advisability of amending the bylaws.
Only one change was made and this re-
lated to the date of the annual meeting
1t was changed from October to jan
uary 10.
There was some question as to wheth-
er February would not be a better month
in which to hold the annual meeting
for as some doubt was expressed as tC
whether the various reports could be
issued in time for the January meeting
j. p. Cooke suggested meeting in Fe-
bruary for he thought it advisable for
the reports to include December 31st.
He was informed that the reports did
cover the fiscal year so he at once
agreed to meeting in January.
The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1901-01-02
AFTER CHINESE REFoRMERs.

Late advices from China by the Gaze
lie have a very disqueting affect upon
the reformers. Chung See Tung the
most rabid of the conservative leaders
In China is displaying nenewed activity
and animosity toward the reform party.
The adVices came from one Of the re-
form leaders In Singapore. Chung re-
Gently executed about thirty OF the re-
formers and but for the Coptlc being
detained In quarantine Leung Chi-tso
would have fallen into the hands of the
fierce mandarin. The province of Honar
where Chung rules Is "A hotbed of Boxer
sdition, which receives the open support
and encouragement OF the governor
The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1901-01-02
JAPANESE CELEBRATE.

New Year was celebrated in Western
fashion by Mkt Saito the Japanese
consul yesterday. The houses and
grounds of the imperial consulte were
decorated with profusion of flags, and
the house was hansomely decorated
with flowers and potted plants. The
reception lasted from to II a. m. At
midnight, a New Years celebration
was held at the old Japanese Imml-
grafton bureau on Vineyard street.
The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1901-01-02
THE WEATHER.

Weather Bureau, Punahou, / p. m.
Wind west TO light northeast; wea-
ther clear and will continue so this
EVENING"; win be another cool evening
Morning minimum temperature, 81;
midday maximum temperature, ~ ba-
rometer "A. m, 29,97 irregular and fall'
ing corrected for gravity; rainfall, q
hours ending a. m, 0; dew point, a
N. %; humidity . a, m, 6S per cent
CURTIS J. LYONS. Observer