The Hawaiian gazette., 1902-10-14
THE KOHALA
RAILROAD
Philip Peck Again
Seeks Needed
Capital.

Francisco. He goes in the interest of
the Hilo- Kohala railroad, which he has
undertaken to finance.
The prospects for the beginning of
work on the railroad are encouraging
although the preliminary financial ar
rangements have not yet been COM
pleted There Is yet chance for the
plans to fall through, but with Mr.
Peck at the throttle 1t is generally be-
i lieved that he will pull a train from
Hilo to Hakalau before he leaves 1t.
Mr.. Peck states that the road. if built,
must be constructed by combination
of local and foreign capital. Hilo must
come to the scratch and do something
for her own redemption. owners OF
real estate in Hilo especially should
take more than a sentimental interest
in this road 1t will double the value
of their holdings, and a part of this
prospective profit should be invested in
| the stock or bonds of the company
Tribune.
ANOTHER HORRIBLE CRIME.
A Porto Rican girl between the ages
of nine and ten years was brutally
assaulted, ravished and left in an UNI
conscious state in an unoccupied shanty
at Keaau, Olaa, last Monday night.
Her assailant is unknown.
Captain Lake, who was on watch at
the station Tuesday morning, was no.
tilted of the affair and he went at once
to Keaau. He found the little girl still
unconscious. Her eye was blackened
and the back of her head showed that a
blow had been received there. Captain
| Lake improvised a stretcher and had
the girl carried to the train and brought
to the Hilo hospital. DR.. Reid found
the girl in a high state of fever and
still unconscious, with little probability
of recovery. Sheriff Andrews and Dep
uty Sheriff Overend went to work on
the case at once to ferret out the guilty
man.
i The victim died at the hospital yes
terday morning without reganing con-
seriousness. The sheriff kept a Porto
Rican at the bedside constantly, hop
ing that with the return of conscious
ness that some description of the as
sailant might be secured. Four arrests
have been made on suspicion.-Tribune.
BIG CATCH OF OPELU.
on Monday the fish market was bur-
dened with the largest catch of opelu
made in these waters for several years,
as it became known the market was
thrOnged with purchasers, as this spe-
cies of fish is one of the best for drying
and picking. On Wednesday IS, 800
, were landed and during the day there
were sales of several thousand in lots
of 100, the price varying from one dollar
to seventy-five cents per hundred.
Some Hawaiians say that ii often hap
pens that the death of "A prominent
Hawaiian follows these unusual
catches; after the last one kaiulani died
after short illness.-Herald.
JUDGE LITTLE IS BUSY.
Judge Little rendered a decision in an
appeal from the district court this week
in which it is held that section A of the
Session Laws of 1898, of the Republic
of Hawaii, deprives the parties of the
right of trial by jury. 1T is in conflict
with the 7th article of the Constitution
of the United States and is therefore
void and of no effect" says the decision.
The question came up on appeal in the
suit of Henry ]. Lyman VS.. F. L. Win
ter and A. +. Sutton & Co., garnishee.
Article 7 of the constitution provides
that the right of trial by jury shall be
preserved in all suits at common law
involving value exceeding s20.-Tribune.
Judge Little has decided that the old
right of defendant in a criminal case
to appeal to the circuit court in mitl-
cation of sentence has no authority
in law. For many years It has been
the practice to take an appeal from the
j district court to the circuit court for a
reduction of the sentence. For this pro-
ceeding there has not been any provis-
Of n
matter of custom.-Herald.
ASSESSMENT is REDUCED.
Tax Assessor n, c. Willfong, Homer
L. Ross T. c. Ridgway, and NJ Nj
Springer returned by the Claudine from
a trip to Kohala where they attended
the tax appeal court, adjusting some
fifteen cases. The court was made VI
: of Messrs. Tullock, August and Adkins
/ Mr.. Ridgway went as counsel for the
= assessor, Mr.. Ross represented the
| Waiohino Agriculture and Grazing
5 Company, appellants, and Mr.. Springer
t served as stenographer for the court
The only case tried was the one above
! mentioned the others being compro'
missed on the basis OF the verdict In the
e one case. All the appeals were from
= assessments made on herd cattle which
e upon instructions from Honolulu, Were
| arbitrarily fixed at SIS per head The
= verdict of the court was reduction
e from this Hat rate to $500 and 500
I per head. The various other appellants
I were settled with upon the same basis
| Tribune.
NO MONEY FOR COURT WORK.
n Sheriff Andrews returned "Wednesday
= from Kohala where he attended the Oc
/ tober term of the third circuit court
$ Judge Edings presided, owing to th'
= fact that no funds are on hand To pa,
a jurymen, both the grand and trial jur
e ors were excused from attendance
5 Nearly all of the civil cases We're con
Q tinued There We're eight crlmina
= cases ON the docket, OF these, thre
were continued one defendant plea