davidaulloa/AmericanStories huggingface dataset:
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1901-08-09

The plaintiff filed his declaration in aumps the Circuit
Court of the First Circuit containing tour counts Q For
balance sixteen months at $4,000
per month"; o. For wages quantum meuit $4,000 per
month for period of sixteen months 90 For the and hire
of horse for ten months $12 90 per month"; W For the
of $1,000 due for advanced on the purchase price OF
delivery wagon The for balance due of $4,000
The defendant plead the general issue and notice that
he relied release and payment
The tried jury and verdict returned for the
plaintiff on the second for sixteen months services
$3.50 per month less of $4,000 received leaving
balance and for this amount judgment rendered
The defendant to this court on exceptions
The jury found for the defendant three of the counts
and for the plaintiff the second The defendants excep
tons so far as they relate the second only will be
sidered for he was not prejudiced by the others
The defendant argues the question of estoppe in his brief
As question was raised in the trial court and not in
Guided of the exceptions do not feel called upon to
pass it,
The first exceptions are the overrung defendants objec
ton the questions asked the expert witnesses the
able value of the plaintiffs services These questions
ery framed upon plaintiffs theory OF the facts sup
port the second count in the declaration
Another exception statement of law by the court
Counsel for the defendant that this statement applied
the whole and preudcal to defendant 1t is
from the record that this statement of law only intended
to apply to the claim for services Of the horse
Counsel asked of the plaintiff when did you first decide
charge and labor of that horse "o which
plaintiff objected incompetent, irrelevant and mma
terial The Court He may ask him whether not he made
voluntary contribution of this horse to the business
"Mr Magoon: | want have it thoroughly understood.
Counsel for plaintiff has made the statement that
can do work another without intending charge him any
thing at the time
FSMr Ballou: That is correct
'Mr. Magoon At the time and afterwards change his mind
and then charge him for the work.
''Mr. Ballou: I have done it hundreds of times"
The Court You have right to fully examine as to any
voluntary contribution services That is far you
60"
EMr Magoon When did you first decide to make charge
against Mr. Voeler for the work and labor of that horse
The I think it is evidence" To which ruling Of
the court the plaintiff excepted
"A. From the time started in to work my horse
20. When thatT'
GA When the horse commenced to work first in bust
of Mr. Voeller intended to get pay for it."
"The Court: You know Mr. Magoon there certain life
between two parties to
do not do lawful thing 1t must be founded su
cient consideration voluntary contribution of be
made if gifts be made and thing be given and when
passed into the hands of the donee Of the
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1901-08-09
N THE SUPREME COURT OF THE TERRITORY OF
HAWAII.
JUNE TERM, 1901.
]. ]. BYRNE .. P. ]. VOELLER.

J. j. BYRNE o. P. J. VOEILER.
EXCEPTIONS FROM OrRou1r Court, FIRST CIRCUIT
smyrTED JUNE 49, 1901 DECIDED July 81, 1901.
FREAR, CD. GALBRArrH AND PERRY, j.
The verdict aside the appellate
there is support preudicial
appears.
OPINION OF THE COURT BY GALBRAITH j.
IN September 1897 the defendant the owner of retail
grocery store Honolulu 1t became necessary for him go
to California account of his health Before leaving he
rd the plaintiff manage the during his absence and
executed and delivered him his full attorney The
evidence conflicting the question of whether there
an agreement the amount of wages be paid plaintiff for
his services November of year the defendant returned
Honolulu but did take personal charge of the store The
defendant remained in Honolulu until March, 1885, when he
left for California with the intention of remaining away per-
naneny The plaintiff continued of the bust
ness but defendant gave his full powero attorney to L. IL
Dee in March, 1898 The plaintiff continued manager of the
store until January 1892 in all term of sixteen months when
discharged by Mr. Dee During all the time of the
yment the plaintiff drew money and charged same on the
book under heading of "wagesat first $500 per week and
later $1,000 per week.
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1901-08-09
NH SUPREME COURT OF THE TERRITORY OF
n LII HAWAII


N IL HAWAII
JUNE TERM 1901
,oHN J. GRAoE'n THE TERRITORY OF HAWAII
rsp JUNE II, 1901 DECIDED July 5 1901
FeEAR CD, GALBRAIrH AND PERRY JJ
- cannot Territory surgeon for an onara+ion
nriyate unauthorized act ~
OPINION OF THE COURT BY FREAR CT
This Is submission without action the following agreed
" February, 1901 policeman at Hilo Hawaii without
justification extenuaton by law shot and wounded
e citizen 1t Immediately became necessary to extract
bullet from the wounded The Sheriff of Hawai-; re-
Do the plaintiff, who licensed physician and surgeon
iicing in Io perform the operation, promising him
nBe compensation for the service by the department of
M General The plaintiff performed the service in
l manner and rendered bill therefor to the said depart
m The question is whether the Territory is liable
m o opinion the Sheriff without authority to bind the
ov to pay for operation upon private citizen made
ary by an unauthorized act of policeman Judgment
TOR the defendant
The plaintiff in person.
4Horaey-G General E, p. Dole for the defendant
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1901-08-09
Few People Realize

shows falling that in it's
nourishment. hair falling
continually
scalp it evident that it is
enjoying the only intelligent thing
it.
PACHECOS DANDRUFF KILLER quickly ceanses the scalp of
the fall healthy
natural scientifically the
study the diseases the
human scalp
The Republican journal., 1901-08-29
The CHANGED Roses.

II was a lover who discovered this
trick. When he was not with his lady
love, be was studying chemistry and
experimenting, and one day recently
he found an easy method Of changing
the natural cOlors of flowers.
He was In the habit of presenting his
sweetheart with bouquets of beautiful
roses. which grew in his garden, and a
few hours after he had made the dis
covery he took her half a dozen Of the
choicest white roses and told her that
she could learn through them whether
he was really in love with her or not.
''If you and l are destined for each
other" he said. these white roses will
become crimson within five or six
hours from now. Gradually but surely
they will change color. and you may re-
gard the change not only as an indica-
tion that the flowers are delighted to
be worn by you, but also as an infalli-
BILE sign that happiness Is assured to us
in the future"
Sure enough. before the eyes of the
wondering maiden the roses changed
color and were crimson at sunset that
evening. Marvellous indeed the change
seemed to her. for how could she know
that the roses were originally red and
that her lover had simply bleached
them white by holding them for some
time over pan filled with smoking
sulphur before he handed them to her?
The Republican journal., 1901-08-29
Lamont and Cleveland,

The story of how Dan Lamont first
won Cleveland's confidence and rose
through Mr.. Clevelands favor and his
own ability from the position of pri-
vate secretary of the governor to a
place in the presidents cabinet is an
interesting one.
When Mr.. Cleveland was nominated
for governor, Lamont was connected
with the state democratic committee.
He had never met Mr. Cleveland. Evil
IDENTIFY he saw great possibilities in Mr..
Clevelands career, for he determined
to win his friendship. Every night he
wrote out report upon the political
situation in the state based upon the
latest information which had come to
the committee and mailed the report
to Mr.. Cleveland at Buffalo. When
Mr.. Cleveland was elected governor, he
chose Lamont for his private secretary
over many aspirants. On the day of
the inauguration Mr.. Lamont asked the
governor what time he would expect
him at the executive mansion the next
morning.
ooh. long about 9 o'clock" said the
governor When Lamont went home
that evening. he told his wife to see
that breakfast was ready at 7:3O. He
was at the executive chamber at 8
O'clock
Il had not been in more than ten
minutes" says Mr.. Lamont in telling
the story, when in walked the gov
ernor."-New York Times.
The Republican journal., 1901-08-29

The moment a Moorish maiden ia en-
gagged 1t Is the bounden duty of her
parents to fatten her up like a lamb
for the sacrifice. And this is where
man intervenes to thwart the plans of
nature. The male is generally slim,
W1ry, sinewy, all bone, muscles and
thews. and be likes his mate to be as
complete a contrast to himself as pos
sible. So she has to train for it and to
persevere until she becomes a woman
of four dimensions, an unwieldly boil
ster of solid flesh wherein the soul is
entombed forever.
Every morning she takes the soft
part of her wheaton bread and rolls
it into long, round pieces about twice
the length of her little finger and of the
girth of her thumb. After each full
meal she eats three or four of these,
gradually increasing the dose. At first,
while the spirit is willing and the flesh
is still weak. she is allowed to wash
them down with milk or green tea.
Later on liquids are tabooed. Most
girls manage in time to put away so
or 60 Of these aids to obesity every
day. By the time the wedding day
comes round brides have wholly lost
their slimness. and after a few years
they have irretrievably forfeited the
female form divine and resemble huge
sacks of down.
One of those ladies having emigrated
to Spain. her friends there had to have
a huge crescent hewn out of the din
ner table to accommodate her In Mo
rocco tables are not vet the fashion,
no more than knives and forks.
The Republican journal., 1901-08-29

..ithful old servant. Mistress, pres
ent awaits you at the palace gate.
Shall lead you thitherT
Eyes"
She follows him down the steps with
all the lazy insolence Of a fine lady who
grants favor; her long gown sweeps
the dew off the grass, and the moon
light mirrors itself in the soft curves
of her naked arms and shoulders.
Presently she stops, stricken by a
mysterious influence. A moment more
and a strange sight meets her view.
They are the winners of the Neva.
With a wave of her hand Ivan goes.
The horses whinny softly at the sound
of her voice and nose her hair and face
with doglike gentleness.
"Why are you here?" she whispers,
sudden catch in her throat that she
stiles against the emaciated cheek
nearest her.
From out of the deep shadow comes
trembling voice. why do you weep,
princess?" it says.
She sees him now for the first time,
still in his PEASANTS garb and with
head uncovered, low before her. 1t is
a noble head, with splendid lines and a
beautiful mouth, but worn and shad-
owed as those of the famished beasts
beside him.
"Why are they like this. Sergius?
The best racers in the kingdom could
have brought their price. There GER
tainly was no need to starve them"
I'VE have starved together, princess"
he answers gently.
''Then the story that the people tell
is trueT
quite true
With the skeleton creatures between
them they are silent a wavering mo-
ment. Then, with a mute caress Of
their unkempt necks, he says: BE
kind to Sergius Hotzka's only friends.
Good night. Elisaveta Repine."
'Repine.' She had forgotten that.
as it FAREWELL" she asks him blindly.
Farewell" he repeats.
The horses whinny piteously as the
gates close behind him; then turn with
dumb, questioning eyes to the pallid
woman beside them.
Brutes that they are, they tremble at
the sight of that countenance, culver
ing and terrible.
Wait" is her husky whisper.
With her face pressed tight to the
iron bars she watches him turn an
angle in the roadway; his footsteps die
away in the distance; he is gone.
Flinging the gates wide open, she
says one word:
CO."
A sudden rush and they are swal-
lowed up in the night.
The next day the newspapers con-
tain sensation.
Three wild horses have killed q
princes bride.-From the French.
The Republican journal., 1901-08-29
The Human Voice,

There is no greater revealer of char
acter than the human voice. 1t is the
first thing that strikes us in q stranger
that spontaneous ring Of truth that no
training can impart. we recognize its
appeal for confidence. Some voices
have the jar Of falsehood and are as
full of warning as the hiss of a SER
pent. The unconscious natural voice Is
to be regarded as the index of charac-
ter. To speak promptly and positively
Is generally TO act promptly and posi-
lively. to speak politely is to act po-
litely. and to speak gruffiy and rudely
Is a good way to make rude action easy.
Amelia E. Barr in Ladies' Home
Journal.
The Republican journal., 1901-08-29

The famous leaning tower of Pisa
has a rival in the Temple tower of
Bristol, in England. 1t is square
tower of early Gothic architecture. All
relative positions without cracks or
assures. The tower, which is about 115
feet high, is five feet out of perpendicu-
lar at the summit. There are no rec
0rds to show whether the inclination
was part of the architects design or
whether it is the result of an earth
quake or of slow changes in the in
clination Of the soil. For many years
there has been no change in the slope
Of the tower.
The Republican journal., 1901-08-29

- OUtU 10ACS -
4 very curious astronomical phe-
nomenon occurs in the heavens at q
certain time Of the year, and which
can only be witnessed by standing in
the parish churchyard Of Leek, in
Staffordshire, England.
From that position the top Of Z
mountain known as the Cloud breaks
the line Of sight and fully fntercepts
your view Of the setting OF the sun.
This mountain is six miles distant, as
the crow flies, from the town Of Leek,
and owing to its peculiar formation
causes the sun. when 1t has entered
that sign Of the zodiac known as Can
Ger, which happens when we are about
half way through the year, to produce
the strange effect of setting twice
daily.
The hrst time that 1t sets the town
sinks into darkness, and the inhabit-
ants light up their houses and shops
IN the usual way; presently dawn suf-
fuses over the town, clear daylight
follows and artificial lights are put
out.
At the second setting of the sun
darkness sets in for good. This phe-
nomenon continues for some days.
The head and shoulders Of the dis
tant mountain intervene just at the
Juncture when the sun at the first set
ting drops behind the top or head Of
the mountain. There he hides for some
time and energies again from behind
just below the head and throws day
light out upon the locality once more,
when he again sinks behind the noun
tain's shoulders and finally sets behind
the horizon.-Stray Stories.
The Republican journal., 1901-08-29

WALDO ssh Court OF Prob ate held at Bel
w fast, on the 18Th day of August. 1901 .
Frank ". Chase, administrator on the estate of
benjamin F. Chase, late of Unity, in said County,
deceased, having presented his second and fiual
account OF administration of said estate for al
lowance.
Ordered, That notice thereof be given, three
weeks successfully, in the Republican journal,
a newspaper published in Belfast, in said County,
that all persons interested may attend at a Pro.
bate Court, to be held at Belfast on the 10th day
OF September next, and show cause. II any they
have, why the said account should not be allowed.
GEO E. JOHNSON, Judge.
A true copy. Attest:
CHAs. P. HAZELTINE, Register.
The Republican journal., 1901-08-29

At Probate Court held at Belfast within and for
the County of Waldo on the 18th day Of Au-
gust, A. D. 1901.
FREDERICK L. PALMER, administrator of the
L estate of Lena E. Patterson, late OF Monroe
in said County of Waldo, deceased, having pre-
sented petition praying that he may be licensed
to sell at private sale and convey certain real es
tate of said deceased, which is particularly de
advantageous offer therefor of two hundred dol
lars.
Ordered, That the said petitioner give notice to
order to be published three weeks successfully in
the Republican Journal, newspaper published
at Belfast, that they may appear at Probate
Court to be held at Belfast, within and for said
County, on the 10th day of September, A. D. 1901,
at ten of the clock before noon, and show cause,
if any they have, why the prayer of said petit
tioner should not be granted.
GEO. E. JOHNSON, Judge.
A true copy. Attest:
CHAs. p HAZELTINE, Register.
The Republican journal., 1901-08-29

At Probate Court held at Belfast. within and for
gust, A. D. 1901. -
VALERI A. MADDOCKS, widow of John p
Maddocks, late of Swanville, in said County
OF Waldo, deceased, having presented petition
tate of said deceased. ~
Ordered, That the said petitioner give notice to
all persons interested by causing copy of this
order to be published three weeks successfully
IN tne republican journal, newspaper published
Court, to be held at Belfast, within and for said
County, on the 10th day of September, A. D. 1901,
if any they nave, why the prayer of said petition
or should not he granted.
GEO. E. JOHNSON, Judge.
true copy. Attest:
CHAS. p HAZELrINE Register
The Republican journal., 1901-08-29

At Probate Court held at Belfast within and for
the County of Waldo, on the 18th day OF Au-
gust, A. D. 1901.
HLIZA H. EVANS, widow of Oscar B. Evans,
Il late of Montville, in said County of Waldo,
deceased having presented petition praying
traitor of the estate of said deceased.
Ordered, That the said petitioner give notice to
all persons interested by causing a copy of this
order to be published three weeks successfully in
The Republican journal, newspaper published
at Belfast, that they may appear at Probate
Court, to be held at Belfast within and for said
County, on the 10th day of september, AID. 1901,
if any they have, why the prayer of said petition
should not be granted.
GEO. E JOHNSON, Judge.
A true copy. Attest:
CBAs. P. HAZELTINF, Register.
The Republican journal., 1901-08-29

WALDO SS-In Court of Probate, held at Bel.
w fast, on the 18th day of August, 1901. Isaac
Robinson, administrator on the estate Of Eliza
beth A. Robinson, late of Liberty IN said County
deceased, having presented his first and final ac
count of administration of said estate for allow
ance.
Ordered, that notice thereof be given, three
weeks successfully, in the Republican Journal,
a newspaper published in Belfast, in said Coun-
ty, that all persons interested may attend at
Probate Court, to be held at Belfast, on the 10th
day of September next, and show cause. if any
they have, why the said account should NOT be al
lowed.
GEO. E. JOHNSON, Judge.
A true copy. Attest:
CHAS. P. HAZELTINE, Register.
The Republican journal., 1901-08-29

WALDO SIS. In Court of Probate, held at Bel
w fast, on the 18th day of August, 1901.
Carrie E. Woodbury. and Israel Woodbury., ad-
ministrators on the estate of James L. W Woodbury.,
late of Morrill, in said County, deceased having
presented their second and final account OF ad-
ministration of said estate for allowance.
Ordered, That notice thereof be given, three
weeks successfully, in the Republican Journal,
newspaper published in Belfast, in said county,
that ali persons interested may attend at Pro-
bate Court to be held at Belfast on the 10th day
Of September next, and show cause, if any they
have. WHY the said account should not be- allowed.
GEO. E. JOHNSON, Judge.
A true copy. Attest:
CHAs. p HAzELTINE, Register.
The Republican journal., 1901-08-29
THE BIRTH OF THE OPAL.
~. sunbeam loved the moonbeam

Tho sunbeam loved the moonbeam
And followed her low and high,
Prt the noonbeam fed and hid her head
She was so shy, so shy.
The nioonbeam wooed with passion
An. he was lover boldl
AMI his heart was a-fire with a mad desire
For the moonbeam pale and cold.
s5t fled ike dream before him;
Her hair was a shining sheen,
Ard oh, that fate would annihilate
Tie space that lay between.
Inst as the day lay painting
in the arms of the twilight dim
The sunbeam caught the one he sought
Afl crew her close to him.
And cut OF his warm arms startled
And stirred by loves first shock
She sprang, afraid, like trembling maid,
And lid In q niche of rock.
And the sunbeam followed and found hes
And led her to loves own feast,
Ana they were wed on that rocky bed.
And the dying day was their priest.
AID. 10, the beautiful opal
That rare and wondrous gem,
Where the moon and the sun blend into one
j the child that was born to them.
Ella Wheeler Wilcox.
The Republican journal., 1901-08-29

At Probate Court held at Belfast within and for
the County of Waldo, on the 18th day of Au-
gust, A. D. 1901.
DOBERT L. DAGGETT, creditor and mortgage
II of Briggs c. Daggett, late of Morrill,, in said
County of Waldo, deceased, having presented
petition praying that Joseph R. Mears may be
appointed administrator of the estate of said de-
ceased.
Ordered, That the said petitioner give notice to
all persons interested by causing copy of this
order to be published three weeks successfully in
the Republican Journal a newspaper published at
Belfast, that they may appear at Probate Court,
to be held at Belfast, within and for said County,
on the 10th day of September, A. D. 1901 at ten of
the clock before noon, and show cause if any they
have, why the prayer of said petitioner should
not be granted.
GEO. E. JOHNSON, Judge.
true copy. Attest:
CHAs. P. HAZELTINE, Register.
The Republican journal., 1901-08-29
At Probate Court held at Belfast, within and for
tne County OF Waldo, on the 18th day of Au-
gust, A. d. 1901

At Probate Court ZELDA Belfast, within and for
tne county OF Waldo. on the 18th day of Au.
gust, A. D. 1901.
A MANDA I. MUZZY, Maud E. Muzzy, Mary A.
a Muzzy and Horace True Muzzy of Searslnont,
Maine, and Percival E. True of Elizabeth, New
Jersey, and Chas. H. True, Ellen 1. True (minor)
ana Florence True (minor), devisees living in diff
!erent States, of Horace Muzzy. lnte of Searsmont
IN said County of Waldo. deceased having pre-
sented petition praying that Amanda T. Muzzy
or some other suitable person be authorized to
sell certain real estate at public private sale
ana distribute the proceeds after paying ex.
penses among said devisees according to their re-
spective rights therein
Ordered, That the said petitioners give notice
TO all persons interested by causing copy OF this
order to be published three weeks successfully in
the Republican Journal, newspaper published
at felfast, that they may appear at a Probate
Court, to be held at Belfast, within and for said
County, on the 10th day of September, AID. 19O1,
at ten OF the clock before noon, and show cause,
If any they have, why the prayer of said petition
ers should not be granted.
GEO. f. JOHNSON, Judge.
true copy. Attest:
CHAs P. HAZELTINE, Register.
The Republican journal., 1901-08-29
CAST'ORIA
For Infants and Children.
The Kind You Have AIways Bought
s sssss sss q &tM7ZzZx
Their Secret Is out.

All Sadieville, KY, was curious to learn
the cause of the vast improvement in tie
health of Mrs. S. P. Whitaker, who had
for long time, endured untold suffering
from a chronic bronchial trouble. Sits all
due to DR.. Kings New Discovery" writes
her husband. sit completely cured her and
also cured our little grand daughter Of Sc
we're attack Of Whooping Cough" i posi-
Bronchitis, all Throat and Lung troubles:
Guaranteed bottles SOC and $1.OO Trial
bottles free at R. 81. Moody's drug store.
The Republican journal., 1901-08-29

A great many strikes occur in the
United States, in different branches of
trade, but there are more strikes in
France. The strike habit is growing in
that country. Statistics show that in
the nine years ending with 1898 there
was an annual average of 1862 strikes
almost one day. But in 1899 there
The Republican journal., 1901-08-29
RlnGs and Gloves.

According to jeweler, the practice
Of wearing rings urder gloves is harm
ful and very likely to injure the set
ting of stones. Many valuable gems
which have suddenly slipped out Of
their settings have been first loosened
in this way. At least gloves should
not be peeled off fingers on which
rings with stones in raised settings
are worn.