davidaulloa/AmericanStories huggingface dataset:
The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1902-07-07
CHANGED SCHEDULE REV, AZBILL WINS
COLONIAL BOATS TO SAIL DAY
EARLIER FROM SYDNEY.
Ventura Makes Port This Morning
After Pleasant Voyage-She Was
Very Light With Cargo.

Beginning with the Ventura, a new
schedule was put into effect with Colo
NAL vessels of the Oceanic company.
Heretofore, the boats of that line have
remained eleven days in Sydney. Their
sailing schedule was figured down to
about 20 days from Sydney to San
Francisco, which did not admit of
much margin. In consequence of this
close schedule, if any rough weather
was encountered, the boats would be
| delayed and, in numerous instances,
miss connection in San Francisco With
| the overland trains. The Colonial malt
would not therefore make New York
on schedule time. 1t was decided re-
Gently to change this schedule by cut
ting off one day in Sydney, which has
been done.
The Ventura left Sydney. June 28.
Auckland June q, and Pago Pago July
l. Fine weather was experienced
throughout the voyage. The corrected
time from Sydney to Honolulu was IA
days. 3 hours and minutes.
The Ventura is very light with cargo,
having only five tons of importations
for Honolulu and 4O2 tons for San
Francisco. She brought five passen-
| gers for Honolulu and has seventy
three through passengers for San
| Francisco
Among the passengers for Honolulu
were Mr.. and Mrs. b. Wylie. They
were formerly residents of the Ha-
waiian Islands and are returning from
an extended absence in Australia.
}. II. Wright is a flour dealer. He is
going to San Francisco. Mr.. Wright
is one Of the capitalists who recently
imported large quantity of -four to
Auckland from San Francisco. to over
come the efforts of a flour ring to con-
| trol prices in New Zealand.
| A. NJ. Cox is a wealthy London man
who is returning from a tour of the
| Colonies
| Mr. and Mrs. G. b. Alexander and
Philip Mack were members of Harry
| Ricker's theatrical company i'm sgd
| nev. They are returning to San Fran
cisco.
II. A. Barraclough is a wealthy wool
dealer of London and Australia. He
is going to London on business.
Rev. L. T. Campbell is a Presbyte-
rian divine who is going to Oakland
from Auckland
II. j. Arkell is a mining man of Aus
! tralia
L. 5. Jewett is a paymaster in tho
! United States transport service, who Is
returning to his home in America.
Mrs. V. E. Macarthur Is the wife OF
a prominent silk dealer of Japan anC
London. She is accompanied by heI
child and maid.
The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1902-07-07
SUPREME COURT REVERSES
JUDGE GEAR.
Levy Is Out $3.50 On His Uncompleted
Purchase of the Preachers Queen
Hotel Lease.

In the case of Levy VS.. Azbill, where
in the Rev. Azbill was not only de-
feated but was very severely roasted
as well in Judge Gears court several
months ago, the Supreme court ON
Saturday afternoon handed down de-
cision reversing the lower court and
ordering a new trial, Though
only a small amount was involved in
the action it was.quite cause Celebre.
Davis appeared for the plaintiff, II. Nj.
Levy and the Rev. w. *. Azbill had a.
warm time with the attorney and the
judge as we'll the latter very severely
commenting upon the preachers alleged
unministerial grabbing of $3.50 for which
he gave no consideration.
Levys suit against Azbill was for
$3.50, paid to Azbill for the transfer Of
Azbirs lease of the Queen hotel and
the sale of the furniture in the hotel.
The receipt for the money stated that
it was an account of the purchase Of
the furn.ture and tlnishings of the hotel
in accordance with an agreement to be
subsequently drawn up. No such
agreement was ever drawn up, how
ever, as Azbill could not get the con-
sent of the lessons to a transfer of his
lease. Levy then tried to get his money
back, claiming that Azbill had failed to
perform his contract. Azbill claimed
that all he agreed to do was to assign
the lease, or TO give a suitcase II the
lessor consented, or to retain the lease
and make Levy his manager.
The Supreme court, in an opinion by
Justice Perry says that the lower court
erred in holding that the contract was
to suitcase and that Azbill was to get
the lessons consent. THE evidence is,
we think, not sufficient to support that
finding" says the decision. The court
remarks that there is nothing in the
l,,.1.. IfTNer 70 fa-
credit on Azbills testimony"
The case presented is one of a pay
ment voluntarily made by the plaintiff
to the defendant on contract. The
burden is on the plaintiff to show that
the subsequent circumstances were
such as to require the defendant to re-
turn the money to him, as, for instance
that defendant failed 10 perform his
part of the contract. This burden has
not been successfully borne by the
plaintiff
THE exceptions are sustained and a
new trial ordered"
since they appeared before Judge Gear
and the preacher was so warmly roast
| ed for trying to keep $3.50 which the
court said he had got for nothing from
Levy. Now the Supreme court says
| that the reverend hCtel-keeper has a
| right to hang on to the cash and Levy
| is out the amount, with attorneys fees
and costs. Davis appeared for Levy
and Magoon, Peters and Lightfoot for
| AZbill
The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1902-07-07
IS CLEAR
THE CHINESE CONSUL'S ALLEG.
ED SMUGGLING.
Drug Said To Have Come In An At
tachees Baggage and Been Taken
TO the Consulate Here

The tangle of identity reported in
San Francisco in the matter of the
charges against Consul Yang Wei Pin
does not exist in Hawaii, where Off
cials are ready to offer proofs in sup
port of their allegations, without any
question as to whom they mean to in
VolVe.
The charges against the Consul here
is that he used the privileges courtesy
usually accOrds to a representative of
a friendly power, to get opium into the
country without paying duty. The
opium in question was not in a ship
ment consigned to Yang Wei Pin, but
in the name of an attache of the con-
sulate here, who arrived, it is stated
with several trunks full of the drug
The "other name" given to the con-
sui, in one of the San Francisco re-
ports, is that of this attache.
The case against the consul, 1t is
stated by those in a position to know,
includes evidence that the opium re-
ferred to was taken direct from the
wharf to the consulate.
The matter will be investigated, ac-
cording to the latest reports, by Col
lector Stratton of San Francisco. The
latter has gone to Washington for a
consultation regarding matters per-
tanning to his office. 1t is expected
that he VIII send an agent here, to in
vestigate the charges against the Chi
neSe consul
The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1902-07-07
A GOOD REPUTATION.

THE way to gain a good reputation
is to endeavor to be what you desire
tu appear" That is precisely the man
ner in which Chamberlain's Cough
Remedy has gained its reputation as
cure for coughs, colds. Group and
Whooplng coughs. Every bottle that
has ever been put out by the manufac-
turers has been fully up to the high
standard of excellence claimed for 1t.
People have found that it can always
be depended upon for the relief and
cure of these ailments and that it is
pleasant and safe to take. For sale by
all dealers. Benson, Smith & Co., gem
eral agents.
The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1902-07-07
THE SPECIAL TERM
HUMPHREYS BEGINS HEARING
JURY CASES.
Excuses offered BY Jurors-Court
Agrees to Take Up Two Test Fish
cry Cases.

The special term of the First Circuit
Court opened this morning with Judge
Humphreys presiding. The term Is tor
the hearing of civil causes, though
some criminal matters may be given
a place on the calendar The court
signifed willingness to advance two Of
the fishery rights cases on the calen-
dar, for hearing some day next week,
so that the supreme Court may give
decisions on the points involved in the
- similar cases now on file. A. G.. Nj.
Robertson, counsel for the Territory,
hled amuav1ts setting tOrth Ine Iea q
sons for such advances and Judge
Humphreys said he would set a date
for hearing later,
The tonowng jurors were summon
ed for the term: John r. Gait, James
Mckee, John s. Wise, Charles Schoell-
kopf, Lawrence II. Dee, Frank r. Fos-
ter, Edward A. Tenney Joseph c. Co
hen Samuel e. Damon, Horace N.
Crabbe, Benjamin w. Houghtailing,
Thomas r. Mossman, Lot X. c. Lane,
Thomas w. Hebron, Eli j. Crawford,
Edward b. Mikalemi, John A. Hughes,
Starr Kapu.
Cohen, Mckee and Starr Kapu did
not respond to their names. The court
announced that Cohen had been ex-
cused for a week on account of sick
ness and that Mckee was arranging
to leave on the Ventura, as his father
was ill., An attachment was ordered
issued for Kapu
John Wise was in the midst of work
that would much suffer if he was call
ed away, and he was excused for a
week. S, r. Damon, of Bishops bank,
also had a business excuse, Sam Da-
oil 10
said that ordinarily press of business
was not an excuse, but a bank was in
measure a public institution, and so
Damon was allowed to go.
Horace Crabbe wanted to go and at
tend to his new saloon, but the judge
thought people ought to be able to get
along without him during July, and re-
fused the excuse. Gait was allowed to
go because he is in the Hawaiian
Trust and Investment Company. 1T
is a quasi-legal concern" said the
judge, land Mr.. Gait on the jury
would probably know as much law as
the court. We don't want any hung
juries."
The first case on the calendar was
Agnes Mcintyre VS.. Nakuina. 1t was
ready for trial. but Humphreys sug-
gested that he was disqualified. Ma
goon and Andrews agreed that the
judge was disqualified, but that it was
not a constitutional disqualification
and both were willing to have him
hear the case. The bond on appeal
could not be found however, and Ma
gOon made a motion to dismiss the ap.
peal. The motion was granted, Hum
phreys giving the appellant ten days
stay of execution in which to find the
bond and announcing that If it was
shown that a bond had been filed, he
would reinstate the case.
The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1902-07-07
TROUBLE OVER LAND
WARRING INTERESTS CLASH AT
WAIAHOLE.
Patrick Cullen Alleged to Have Invad-
ed the Land of T. f. Lansing-Cases
To be Prosecuted.

What is likely to prove quite an
interesting case will be tried at the
Waiahole court house tomorrow morn
ing. 7. f. Lansing the real estate
man, Will appear as prosecuting witness
and Patrick Cullen and about four
others will be the defendants. The
trouble is the outcome of a dispute of
some character, between Lansing and
Cullen regarding the title to a small
piece of land at Waiahole.
on Saturday, Mr.. Lansing was at
work on what he claims is his prop
erty and, while so engaged, he charges
that Patrick Cullen and about half a
dozen emplyees and friends came upon
the land, tore down the trespass no.
tices which Lansing had caused to be
posted, and also fenced in a portion of
the land. Lansing protested most Wig
orously but to no purpose. The depre-
dation is declared to have been done IN
spite of all he could say and do to
dissuade Cullen and the others from
acting as they are alleged TO have done
Warrants were sworn to by Mr.. Ian
sing charging the entire crowd with
trespass and the cases were set fOl
trial in the Waiahole court tomorrow
Additional warrants win, it is under
stood, be sworn out by Mr.. Lansing.
The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1902-07-07
DOLE'S NEW ANSWER

Governor Dole, as defendant in the
case of Henry Smith VS.. Mary A. S.
Rose and S. b. Dole, governor, has filed
a new answer in which he sets forth
with affidavits of Attorney General
Dole and Deputy John w Cathcart, a
compromise offer made to Smith in be-
half of the government, in the matter
of the Fort street widening. The suit
arose out of the arrangements made by
superintendent Boyd in the widening
matter, Smith claiming that there had
been discrimination in the awarding
of damages, Mrs. Rose being awarded
more for her property than he was al
lowed. Smith claimed that his property
abutted on Fort street, while the gov
ernment denies that such is the case
The land in question is near Fort and
Vineyard, and settlement has been
made with Mrs. Rose.
In his new answer just. filed the gov
ernor sets forth that Superintendent
Boyd, acting in behalf of the govern
ment, offered to Smith 210 square feet
of land in one piece on Fort street and
1,742 feet in another piece, in consdera-
tiOn for the 1106 feet claimed by the
plaintiff, but that no acceptance or re-
lection of the offer was ever received.
The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1902-07-07
UP FOR SENTENCE
JUEN AND SCHNACK AGAIN Be
FORE HUMPHREYS.
New Affidavit Filed By Juen-Gover-
nor Dole Files a New Answer in a
Street Widening Case.

The cases of Harry Juen and j. H.
Schnack, remanded from the Supreme
Court on appeal, came up this morn
ing before Judge Humphreys for sem
tence. The defendants were formerly
sentenced to thirty days each for as
sault and battery, but the Supreme
Court held that the sentence was il
legal because it was without hard la
bor," and there is no provision in the
statute for such a sentence.
Juen today filed a lengthy affidavit
relating the circumstances leading up
to the alleged assault and battery.
He stated that he had bought the
premises al Diamond Head, where the
trouble occurred, some months befOr3
il took place, and that tenants of his
had occupied 1t and had paid rent
regularly. Then some natives had
suddenly appeared, after he had sold
the property to Schnack, and had
claimed title. They had begun to
haunt the place at night, and throw
stones through the windows, and final
ly the Japs were frightened away, AZ
ter that Juen, Schnack and Savidge
went to the place and took possession,
oustng an old woman who claimed tha
place. This was the occasion of the
assault. Juen's agent Matsu, who col
lected his rents, also made an affidavit
corroborating Juen's statements.
Attorney General Cathcart did not
| ask for imprisonment at hard labor
deeming such a sentence too severe
especially in the case of Schnack, who
is not a young man. The matter went
| over from the morning session oi
court, owing to the absence of w. A
Kinney, counsel for the defendants
| and Humphreys agreed to hear tn,
| matter at , o'clock this afternoon.
The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1902-07-07
DOLE AND SALOONS
THE EVANGELICAL ASSOCIATION
ACTS.
Calls On Him To Limit The Number
of saloOns-The Case of The kev.
s. Kapu.

The Hawaiian Evangelical Associa-
tion at It's meeting at Lahaina last
week took very strong action on the
saloon and uiquor business. Two after
noon sessions of the meeting were Civ
en- up to the subject. Reports were
made by the native ministers from
Hawaii, Maui and Kauai, all of them
bearing unanimous testimony to the
fact that drunkenness had deplorably
increased with the increase in the
number of saloons. The discussion
was taken part in by nearly all the
ministers.
The result of the discussion was the
appointment of a committee of nine of
which Rev. Hanuna of Hama, Maui,
was chairman, which reported a series
of resolutions which were adopted by
the Association. These resolutions re-
cited the alarming increase of drunk
enness, especially among the natives,
contemporaneou with the increased
number of saloons. 1t then proceeds:
THAT since the governor is appointed
by the President of the United States,
and is therefore largely free from local
control and can only be reached by pc
tition,
Therefore, the Hawaiian Evangeli-
cal Association of the churches of the
Territory of Hawaii, requests the gov
ernor to use his authority to remove
this evil"
Another matter which occupied con-
siderable time of the Association was
the matter of the protest of the Asso-
citation and of the Hawaiian Board
against the action of the Maui presby-
terry, composed of native ministers, in
reinstatinG the Rev. S. Kapu in the
ministry and giving him the pastoral
of the Lahaina church. Some two or
three years ago Rev. Kapu, who was
formerly pastor of a church in Wal
luku was deprived of his ministerial
standing because of confessed adultery
with the daughter of his deceased wife.
Afterwards he married the woman and
the child that had been born was ac-
knOwledged. About a year ago, the
native ministers of Maui restored him
to ministerial standing. The Hawaii
an Board protested against this, but
without effect. A few weeks ago the
native ministers of Maui installed him
as pastor of the native church at La
haina The Hawaiian Board, as soon
as it heard of this again protested, but
again in vain. The Evangelical Asso-
citation took the matter up and adopt
ed resolution calling on the Maui
ministers to reinvestigate the matter
and reconsider it's action, The ground
taken was not that man might not
err and truly repent, but that the eX-
ample of a man in the ministry who
had been guilty as Rev. Kapu had
was demoralizing and was a dangerous
precedent.
Most of the Honolulu members OF
the Association returned yesterday
and today by the steamers from Laha-
ina.
The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1902-07-07
REMEMBER LAFAYETTE.

An interesting woman, Mrs. Eliza
beth Cooper Mclnure, aged 1902 has
just died in Philadelphia, with teeth,
eyes and faculties remarkably preserv-
ed TO the last. OFTEN she referred to
meeting Lafayette in 1924, and recount
ed the pleasure experienced in shaking
hands with the French general When
her brother, Lieut.. Francis Cooper, was
stationed at Fort Miffin during the
war of 1872, she made frequent visits
there, and during the civil war was one
of the assistants at the old cooper
shop refreshment building, where the
Union soldiers We're so well cared for
by patriotic women.-Springfield Re-
publican.
The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1902-07-07
PRISONERS FROM HAWAII

Two Porto Ricans We're brought to
the city today from Hilo to serve ten
days and three month sentences for
vagrancy. Usegawa KichizO an insane
Japanese was also brought up for com
mitment to the asylum. All Quong was
brought to the Oahu Jail to await his
trial at North Hilo on the charge of
having assaulted a little girl under ten
years of age at LaupahOehoe on July %,
four years ago.
The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1902-07-07
SEMI-WEEKLY STAR.

Honolulu people who are going
abroad can have the Semi-Weekly Star
mailed to any address for the small
sum of twenty-five cents a month. The
Semi Weekly Star contains all the local
news of Importance, besides the daily
stock quotations.
The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1902-07-07
RAND CONCERT

The Territorial Band under the di-
Tection of Captain Berger will play at
Emma Square this evening at 1880
o'clock. The following is the program.
PART /.
Overture-"Juanita" ..............Su Suppe
Monte Cristo" ...... Kotlar
Attilla' Verdi
Three Duets
(a) when Life is Brightest"
(b) whispering Hoke."
(c) "On the Moonlit Stream"
Miss Keliiaa and Mrs. Alapai.
SeleCtiOn-"TOreado ........ MoncktOn
March-"Stars and Stripes Forever"
Waltz-"Tyrolean" .Zeller
SeleCtiOn-"Clorindy" .......... Mackte
star Spangled Banner"
The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1902-07-07
SPECIAL SALE OF SILKS.

L. B. Kerr & Co., Ltd, will have on
show on Monday a grand line of Japa-
nese washing Pineapple and Taffetta
Silks. Newest shades. marked from 40
cents a yard.
The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1902-07-07

Life at best Is uncertain. PrOteIS
your family against that uncertainty
and buy a policy in The Oriental Life
Insurance Company.
The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1902-07-07
"SING SWEET BIRD"

D. G. Camarinos received a consign-
ment of fine singing canary birds on
the Nippon Maru. They can be pur-
chased at his establishment on King
street.
The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1902-07-07
SWELL MILLINERY.

For choice up-to-date millinery l.. B.
Kerr & Co. are in the front rank. The
Paris model hats are certainly crea-
tions of extreme beauty.
The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1902-07-07

George X Kaumualii will shortly
leave Honolulu for good to reside in
California permanently.
The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1902-07-07

Ads under situation Wanted" in
serted free of charge.
Rosebud County news. [volume] (Forsyth, Mont.) 1901-1906, 1902-06-26

and brotherly to a loving and devoted
father. But he grew white and worn
and haggard, he who had been such a
picture of rugged health, and, in her
utter innocence and ignorance as to
the being on whom her brother had
lavished the wealth of his love, Mildred
began to ask herself should she not
urge her father to let Gov return to
America. At last one sweet July even
ing, late in the month, the brother and
sister were wandering along the lovely
shore of Lucerne. He had been I'M
usually titful, restless and moody all
day. No letter had reached him in over
fortnight and he was miserably I'M
happy. They stopped at grassy bank
that ran down to the ripping waters
edge, and she seated herself on a stone
ledge, while in reckless abandonment
he threw himself at full length on the
dewy grass. Instantly the last doubt
vanished. Bending over him. her soft
hand caressing his hair, she whispered:
Gov dear boy, is it so very hard?
Would you like to GO to her at once?'
And the boy buried his face in her
lap, twined his arms about her slender
waist. and almost groaned aloud as he
answered For PHYS sake help me if
YOU can, Mildred. I'm almost mad"
Early in August the swiftest steamer
of the line was splitting the Atlantic
surge and driving hard for home, with
"Gov" cursing her for a canal boat. The
day after he reached New York he had
traced and followed the White Sisters to
West Point, and Margaret Garrison
stared in mingled delight. triumph and
Rosebud County news. [volume] (Forsyth, Mont.) 1901-1906, 1902-06-26
CHAPTER TX.

One of the most charming writers of
our day and generation has declared
that 1.-THE truest blessing "a girl can
have" is 1.-The ingenious devotion of IA
young boys heart" Nine mothers in
ten will probably take issue with the
gifted author on that point, and though
no longer young girl in years, what
ever she might be in looks, Margaret
Garrison would gladly have sent the
waiting gentlemen to the right about,
for, though he was only 20, "Gov"
Prime, as a junior at Columbia. had
been ingenuously devoted to the lit
tie lady from the very first evening
he saw her. a boy of frank, impulsive
nature, was "Gov"-a boy still in spite
of the budding mustache, the 20 sum
mers and the barely passed exam"
that wound up the junior year and
entitled him to sit with the seniors
when the great university opened its
doors in October. Studies he hated, but
tennis, polo, cricket, riding and dane
ing were things he loved and excelled
in. Much of his boyhood had been
spent at one of those healthy, hearty
English schools where all that would
cultivate physical and mental manhood
was assiduously practiced. and all that
would initiate against them was as
vigorously "tabooed."
At the coming of his twentieth birth
day that summer his father had hand
ed him his check of SIS. 0O0-the paternal
expression of satisfaction that his boy
had never smoked pipe, cigar or cigar
ette-and the same week GOV" had
carried off the blue ribbon with the
racquet, and the second prize with the
single souls. 1t was during the EEK
ANS" the first week in June, when
dropping in for five o'clock tea of some
girls whom he had known for wears,
he was presented to this witching lit
tie creature whose name he didn't even
catch. 1--WE met her way out at an
army post in Wyoming when papa took
us to California last year." was whis-
pered to him, land they entertained us
so cordially, and of course we said if
ever you come to New York You must
be sure to let us know-and she did
but" and there his informant paused
dubious. Other callers came in and il
began to rama sudden, drenchine
shower, and the little stranger from the
far west saw plainly enough that he1
hostesses. though presenting their
friends after our CHEEKY American fash.
ion, were unable to show her further
attention, and the newly presented