davidaulloa/AmericanStories huggingface dataset:
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1903-11-06
TRANSFERS
TEST CASE
Appeal Of Dickey
From Judge
De Bolt.
Endless Chain Of Legal
Points in Hagey
| Cure Case.
More Jurors Called by Judge
Robinson-Law Of Larceny
Alleged to be Faulty.

The test case of transfers on the
Rapid Transit Co.'S lines was argued
and submitted before the Supreme
Court yesterday. Lyle A. Dickey, ap-
pelIant from Judge De Bolts decision
to the effect that the law did not
oblige the company to give trans
fer from an eastbound Punahou car to
a westbound Kalihi car, appeared in
person. w. r. Castle of Castle &
wilmington appeared for the Rapid
Transit Co.
In the afternoon the agreed subnis-
sion Of facts by Oahu Railway & Land
Co. VS.. Eva Plantation Co. was ar
gued. S. M. Ballou and Robbins An
derson of Hatch & Ballou appeared for
plaintiff, and D. L. Wilmington of Cas-
tie & Wilmington for defendant. The
suit is to decide whether the planta-
ton company should pay the taxes
on the land the railway company sub
leased to it. Chief Justice Frear be-
ing disqualified as a trustee of the O.
R. & L. Co. bondholders. Circuit Judge
De Bolt sat with Justices Galbraith and
Perry in the hearing.
MANY Law POINTS.
All day long argument on the motion
of defendants in the Hagey cure case
for nonsuit proceeded. The previous
ly reported denial of the motion had
reference only to one of eight grounds
presented. A. G. M. Robertson of Rob
ertson G. Wilder for the plaintiff had
the floor from 1870 a. m. to II, and
from 2 to $3.50 p. m. yesterday. Just
before the noon recess the plaintiff, T..
NJ. Harrison, himself an attorney, said
that he would like to have an hour
on two for arguing a certain point if
the court did not make it unnecessary
in the meantime by a ruling in his fav-
or. While the wrangle over the law
of the case goes on, the jury are hav-
ing rest out of court. Judge Rob-
inson expressed his willingness to give
the attorneys all the time they reauir-
ed. Mr.. Harrison began to argue aft
err Mr.. Robertson but soon concluded,
when Mr.. Magoon started with re-
ply.
This case is record one for law
points. Several were decided by the
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1903-11-06
VALUABLE CITY PROPERTY
At Auction.

BY order Of the Trustees Of the Oahu
College will offer for sale at Public
Auction, at my salesroom, s57 Kaahu-
manu- street,
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1903-11-06

Supreme Court On a demurrer. The
case went back to the Circuit Court
for trial, when a verdict was returned
for the plaintiff. An appeal was TAX
en- TO the Supreme Court, resulting in
a new trial. On this second occasion
the Supreme Court decided another
cluster of points. Among other things
1t held that J. A. Magoon, Mrs. Jos.
s. Emerson (nee LAMB and F. B. Nc
Stocker were not bound by the con-
tract made by l. c. Ables, agent OF
the partnership, in New Zealand and
Tasmania whereby certain persons in
those countries were brought into the
partnership, the new coordination buy
ing a sheep ranch in Tasmania, be-
cause proof had not been made by
PLAINTIFF that these defendants had
ratified such contract. In the present
trial the plaintiff has produced what
he deems proof of the previously lack
ing ratification. Should all Of the
points in support of the motion for
a nonsuit he overruled by the court,
the defendants will put on their case.
MORE JURORS CALLED.
Judge Robinson. having only twelve
jurymen left of his original panel of
26, yesterday issued a special venire
for IA others. The following men have
been. summoned as jurors for the rest
of the term, to appear in court at 1C
o'clock this morning:
Joseph r Clark, Alexander G. Nicho-
las, Thos. Jones, J. M. Coulson, Chas
B. Gregory, Henry Hickey, Robert
Fern, Solomon A. Hiram, Antoine Re-
card, c. N. Arnold, Carl Maertens, Dav-
id F. Motley, VIM. F. Love, F. Row
land.
SIMOES TRIAL DELAYED.
| Judge Gear adjourned the trial of 81.
fmoes for unlawful liquor selling a
| noon for the rest of the day, leSa
point having come up on which eoun.
sci wanted to search the authorities.
| The Territorial grand jury, being de-
prived of the use of the Supreme Cour
room, resumed it's session in Judge
| Gears courtroom yesterday afternoon
| ANOTHER LEGAL POINT.
| E. NJ. Watson filed a motion to quasi
| the Indictment against the three sol.
diers who broke into a Waikiki saloor
and stole a few bottles of beer there.
from. An indictment for burglary
against the men on account Of the
| same thing was quaShed because the
law requires that I1ouse-breaking must
be with intent to commit a felony be.
| fore it constitutes the crime of bur-
| glary. The men were Immediately
rearrested, when the grand jury in
dicted them for larceny. This indict-
ment is attacked on the ground that
the charge is that of "unlawfully'
stealing, while the law as amended last
session defines larceny as "felonious-
ly" stealing. It was intended to make
| larceny in the second degree misde-
! meanor, but it is contended the words
employed imply felony. Judge Gear
took the motion under advisement.
COURT NOTES.
Judge De Bolt having been called to
sit temporarily on the Supreme Court
bench had to suspend his list of civil
cases for jury trial yesterday.
Wong Charles Ahfook petitions that
he be appointed administrator of the
estate of his deceased sister, Annie
Wong, which is stated to have value
of $263.S5.
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1903-11-06

AT IL O'CLOCK NOON,
That valuable parcel OF City Prop
erty situated on Beretania, Miller and
Vineyard streets.
Property has a frontage Of 1876 feet
on Beretania street, 1918 feet on Mil
Ter street, 1885 feet on Vineyard street,
and contains an area of 1920 square
feet "a little more or less).
This property will be offered at auc-
ton at an upset price Of s45,000.o0.
Terms: The present mortgage of
$4,000 can remain on mortgage at AZ
per cent. per annum until November
LIST, 1904, to purchaser satisfactory
to the mortgage.
A small portion Of this property (cor-
ner Of Miller and Vineyard streets),
is under lease until December 18th, 1904,
at an annual rental of s240.
This valuable property can be divid-
ed into business and residence sites,
and Is one which commands the in
spection of investors.
Maps can be seen at my office where
all information can be obtained.
r. -
The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1903-12-14
DESTRUCTION
r. OF VOUCHERS

Solomon Meheula's case was called in
the United States District Court this
morning, and a demurrer was filed by
his attorney, c. w. Ashford. Meheula
rs indicted for destruction of public
documents, to wit, vouchers of the
House of Representatives The main
contentious in the demurrer are that
he is not a public officer of the United
States, as charged, and that the vouch-
ers were not public documents. The
demurrer to each of the four counts in
the indictment. is as follows;
"(b) That 1t does not appear in or
each and every count thereof and
therein is and are invalid, insufficient,
and not maintainable in law against
this Defendant for that;
"(a) 1t does not appear in or from
the first count of said indictment, that
this defendant was at any time therein
mentioned an officer of the United
States, or an officer at all, within the
purview or within the intent of Sec
ton 540S of the Revised Statutes of the
United States; or within the purview
or within the intent of the Constitu-
ton, or any Statute of the United
States.
"Cb) That it does not appea rim or
from said first count that the docu-
ments and paper, to wit, a certain
voucher, which is mentioned and re-
ferred go in said first count was or is
a record, or a paper, or a document
which had or has at any time been de-
posted with, or in the custody of amy
Judicial or public officer of the United
States, or which had or has at any
time been filed or deposited in amy pub
lie Office of the United States; and for
that it does not appear in or from said
first count that the documents and
paper therein mentioned and referred
to, is, or at any time was such a docu-
ment or paper as is meant. intended,
described, or contemplated I'm or by
Section 5i03, or IN or by Section ji0S Of
The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1903-12-14
JAPS FIGHT
IN DEFENSE

The fight over the.Japanese conspira-
cy cases was begun in the United
States court this morning, with a mo-
ton to quash the indictment in which
there are so defendants named, filed by
Attorney e. NJ. Watson in behalf of Eve
of the defendants. The hearing of the
cases was postponed and the motion
will be argued by Watson and j. j..
Dunno. 1t affects all the conspiracy
cases.
The grounds on which the defendants
ask that the cases be thrown out Of
court are as follows:
And now come Kanazawa, Sekimo-
to, Yonehara, Denze Yamakawa and
TOkunaga, five of the defendants nam
ed in the indictment herein, by their
attorney, E. Nj. Watson, and move the
Court here to quash, annul and set
aside said indictment, and for grounds
of said motion they assign the follow
ing:
Il. Because said Indictment charges
conspiracy to commit no offense
known to the law.
-. Because said indictment, if
charging a conspiracy to commit any
offense known to the law, is bad for
duplicity,-in this: = That in each and
every count of said indictment a con-
spiracy to commit two separate and
distinct offenses is charged
y. Because said Indictment is too
vague, general, insufficient and uncer-
tain to afford said defendants proper
notice to plead and prepare their de-
lenses, and in this is violative of the
Sixth Amendment Of the Constitution
of the United States. which provides
that in all criminal prosecutions the
accused shall have the constitutional
right to be informed of the nature and
the cause of the accusation against
him."
The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1903-12-14
WILL NOT LET
THE ADA SAIL

The schooner Ada is tied up. There
is trouble about getting her away for
French Frigate Shoal. The failure of
Captain Weisbarth to get the vessel
away on her return trip to the Shoal is
due to the demand OF the owners of the
craft that he put up guarantee
against the loss of the vessel.
The owners of the craft contend that
the expedition is a dangerous one and
one that is likely to result in the loss
of the vessel. They insist that some
bond or some collateral be produced be-
fore the vessel be permitted to sail.
This demand has made Captain Weiss
barth postpone his departure and kept
him occupied this morning with attend
ing to this feature of the departure. 1t
is thought the guarantee may be forth
coming by this afternoon and the YES
sci be released.
The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1903-12-14
MORE ABOUT
EDDIE JONES

The Jones case began this morning
with the testimony of officer Kane, who
said on direct examination that when
he went to the Parmenter house in
response to the call for assistance,
Jones lay in the hammock "paralyzed
drunk This was a few minutes be-
fore the shooting. on direct examina-
tion Kane said that the smell of liquor
was the only thing that made him
think Jones was paralyzed drunk, and
he said that he could not swear as TO
whether Jones was really asleep or only
shamming.
Kane described how he saw the dead
body of Mrs. Jones and saw Mrs. Par
menter with a wound in her head and
then Manuel, messenger of the dis
trict United States court, was called,
to continue the evidences of insanity.
Manuel thought that Jones was out of
his head He described a wild look" in
Jones eyes and various fits of anger he
had observed He said that Jones Of
ten ran to look at street cars, expect
ing to see his wife on them. Two days
before the hearing of the Jones divorce
suit Jones was in Manuel's office and
acted in an excited manner He
wrote letters and tore them up. He
sat in a chair and moved about and
ground his teeth, the witness said.
How did it affect your asked j. j.
Dunno.
Il was kinder scared, (" said Manuel.
Manuel testified also that when he was
talking Jones would often suddenly
change the subject.
Manuels memory. didn't appear to
be very first class, The result was
numerous questions from which At
torney General Andrews regarded as
leading and the ATTORNEYS did a good
deal of arguing.
1t is said that experts will next have
the courtroom to themselves, afford
ing the court and jury opportunity to
hear their views as to Jones mental
condition. The trial may last all the
week. Both sides are preparing volu-
minous instructions to the jury and
these NAV have to be argued at
length.
The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1903-12-14
HELPED MACARTHUR
IN PHILIPPINES

There is a through passenger on the
). 5. Nippon Maru, we'll known to Cen
eral Macarthur who is now in Homo
lulu. He is Captain Henry Steere
formerly of Colonel Bells 36th Infantry
regiment in the Philippines and now
the Deputy assessor of the port of Ma
Mia.
1t was in the latter part of 1899 that
Steere then a captain was brought to
the notice of General Macarthur. I'm
der command of General Macarthur
the northerly advance in the island of
Luzon was begun. The advance start
ed at San Fernando. AS usual the
Filipino army retrsated before the
American forces who drove them
through Bambam and finally to TsrtaC
where the final dispensing of the Fill
pinos occurred The Filipinos haC
gathered all of the rolling stock of the
railroad at Tarlac and there attempted
to destroy the cars and engines. II
was necessary to get a section of the
road from Tarlac back to Bambam a
distance of 20 miles, open to trafi,
in order to bring supplies to the Anne
rican forces.
General Macarthur intrusted t.
Captain Steere the difficult task OF
getting the line working The foul
engines of the road had been run to.
gether by the Filipinos in a four corner
| collision The engines were badly de
molished The road had to be gotter
open to traffic within four days or elst
| the American forces would have haC
to fall back to Bambam on account o.
| lack of supplies Steere was giveI
carte blanche. Steere had formerly beel
travelling passenger agent of tn
Southrn Pacific Railroad in Southern
I California with headquarters at Lo
Angeles, so he was wall qualified t.
handle the difficult task before him
He recruited his force of assistant
from among the railroad men in tn
various regiments of the column Tn
result was that within Sc hours he hat
cars operating to Bambam
Captain Steere is going home in
four months leave of absence
The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1903-12-14

by the Neill Company is being looked
forward to with much interest by Ho-
nolulu play goers. ,t.-'
The play is being presented at the
popular prices which the NeiI Com
pany has set for the rest of the season
in compliment to our naval visitors
and should draw a crowded house.
. Barrie as "a dramatist is shown at
his best. His delicate yet intense
Romance, his power of character crea-
ton and his dramatic imagination have
combined to a happy issue. The story
tells of the strike of the Thrums wea-
vers the partisanShip on their side of
Lady Babhie. a. wilful, wild, lovable
girl, who wins the, heart of the Little
Minister also embroiled in the strike.
Humor is abundant the love making
between the Little Minister" (NeilD
and "Babbie" Miss Chapman) is de-
lightful and the tale of true love by
an ingenious stroke of the author
runs to a happy ending.
The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1903-12-14
DEPARTING.

Saturday, December u.
Stmr Hawaii, Nelson, for Hilo and
Hamakua ports, at Z p. m.
Monday, December IA.
Stmr. j. A. Cummirs, Searle, for ho-
olau ports, at noon.
Stmr Noeau, Peterson. for Honol<aa
and Kukuihaele, at 8 D. m.
Stmr. lie Au Hou, Tullett, for Ana
hola, kilauea, Hanalei and KalihiwaL
at p. m.
Stmr Waialeale, Piltz, for Maui
ports, at 5 p. m.
Schr Ada, Weisbarth, for French
Frigate Shoal, may sail this afternoon.
Stmr Kauai, Bruhn. for Ahukini and
Hanamaulu, at 5 p. m.
tuesday December Is.
Stmr Mauna Loa, Simerson, for La
haina, Maalaea, Kona and Kau, at
noon.
Case. schr. Eclipse, Gahan, for Homo
ipu, Puuko and Kawaihae, at D. m.
The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1903-12-14
FLEET MAKING
VERY SLOW TIME

The cruiser division of Admiral
Evans fleet can not arrive here before
Thursday at the earliest. The four
cruisers accompanied by the collier
Pompey arrived off Midway Saturday
afternoon. The Pompey sent a boat
ashore for mail. The fleet passed Mid
way about 2 o'clock in the afternoon.
According to this showing the cruiS-
ers are. making about knots an hour
which is very slow rate of speed. They
are travelling less than 200 knots a day.
They left Yokohama December l and
took u days in which to make Midway
! which IS about 1900 miles from Yoko-
hama. From Midway to this port, the
J distance is about 1145 miles. If the
same rate of speed is maintained from
Midway to this port and, it is very
probable that such will be the case, the
] fleet will not make it's appearance be-
| fore next Thursday or Friday.
| The battleship division has not been
reported at Midway. This division left
Yokohama December and if the same
rate of speed is maintained that the
cruisers have been following, the bat
tleships will not arrive off Midway be-
! fore Wednesday.
| Preparations are being made at ti9
Naval Station, however, to coal the
cruisers Immediately on their arriva
in port. 1t is hoped that the fleet viii
decide to take all of the coal at once
in order to let the local Naval Station
show how rapidly coaling can be ac
complished. There is a probability tina
the vessels will sack some of their Goa
and carry deck loads.
The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1903-12-14
PASSENGERS.
A ,.,,g..g


Per bark w. b. Flint, December 13
from San Francisco: w. A. Baldwin
and wife, Miss Annie Powers.
Booked to Depart.
Per S. S. Sierra, December Is. for San
trancisco-Mrs. l.. H. Hickey, NJ. l..
smith, w. H. Little, Mrs. f C. Bagg,
Mrs. Edward Kaeser, d. e. Miles Mrs.
st. f. Lewis and child, Miss NJ. Buck
ley, Sidney Soule, e. w. Schleuter,
Thomas G.. Taylor and 2 daughters,
Mrs. Anna Thomas, Miss Iona Splitter,
Mrs. j. S. Splitter and son, f. b. Clark,
q. p. Dole, c. T. Dittlejohn, j. Ruben
stein, II. c. Kellogg, G.. A. Howard and
wife, X. Rockwitz, Mrs. ]. T. Flynn,
Mrs. H. ID. Beverage, James p. Sisson,
Z. Warren, Pat Murphy, H. Ahlborn.
Departing.
Per S. S. Nippon Maru. December A.
for San Francisco: Miss Edith Heyer
Miss Lucia Tunis. g.. -
The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1903-12-14
BYAUTHORTTY
sHERITFs SALE notice..

Under and by virtue of a certain Exc
cution issued out of the Supreme Court
of the Territory of Hawaii, on the 18th
day of November, 1909 in the matter OF
Henry Smith, Trustee, Plaintiff, VS..
Mele Keawe (w), Defendant, 1 have.
on this 5th day of December, A. D.
1903, in Honolulu, Island of Oahu, Ter
ritory of Hawaii, levied upon, and
shall offer for sale and sell at public
auction, to the highest bidder, at the
Police Station, Kalalkaua Hale. in said
Honolulu. at II o'clock noon of Tues
day, the 5th day of January, A. d. 1904,
all the right, title and interest of the
said Mele Keawe (w), Defendant, in
and to the following described property
unless the sum of Two Hundred and
Forty and 5-1OO Dollars, that being the
amount for which said execution is
sued, together with interest costs and
my fee and expenses are previously
paid:
The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1903-12-14
SHTGAMATs1r On TpIAI

The case of Shigamatsu, one of the
alleged members of the Japanese
pimps' association, was begun before
United States Judge Dole this morning
Breckons prosecuting and f. E.
Thompson defending. The following
jurors were accepted to try the case:
c. w. Macfarlane, B. w. Houghtailing,
j. NJ. Riggs, G. E. Morgan, c. j. Lud-
wigsen, F. B. Damon, w. c. Crook, H.
H. Simpson, j. H. Love, Norman Hal
stead, w. c. Wilder, William Fell.
The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1903-12-14
LARGE LOAN NEGOTIATED.

The estate of S. c. Allen was au-
thorized by Judge De Bolt this morn
ing to lend 100000 to the Oahu Rail-
way and Land Company, with water
front lands as securities. The petition
for permission was presented by W. A..
Kinney who called as witnesses j. o.
Carter, A. V. Gear and j. F. Morgan.
The court was satisfied as to the sufii-
cheney of the security and authorized
the loan, for Is months at G per cent
per annum.
The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1903-12-14
DIED OF HIS INJURIES.

Kahililuhioli an old Hawaiian died ait
the Queens Hospital yesterday from
the effects of injuries sustained by be-
ing knocked down by a horse ridden
by a native youth named Kolomoku.
The boy ran into the old man at Wal
kiki month ago. The rold native sus-
tanned a fracture of the skull at the
base of the brain and never recovered
from his injuries.
The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1903-12-14

GOOD PLUMBING is our forte, we
don't do cheap work. You will find on
exhibition in our store all the latest
fancy designs in bath room apparatus.
We carry everything that goes to make
up that most important part of a dwell
ing-the bath room-AND WE IN
STALL IT RIGHT. Our plumbing is
put in to last we guarantee all work
done by us, and can quote you the
names of hundreds of satisfied CUSTOM
ers.
1t costs no more to have your plumb
ing and sewer connections done by us
and remember WE GUARANTEE THE
WORK.
BATH the Plumber, 165 King Street
Telephone 81 Main.
The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1903-12-14
HITS UNCHARTED ROCK.

The British cruiser Amphitrite which
was in this port some months ago
struck an uncharted rock November
6 while going from Hongkong to Singa-
pore. Damage was sustained to her
false keel and to several plates. She
was ordered into the dry dock at Hong
kong
The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1903-12-14
REYES ELECTED PRESIDENT.

WASHINGTON, December 13.-The
elections in Colombia have resulted in
the defeat of President Marroquin and
the triumph of General Reyes, who is
chosen as chief of State. The Reyes
party is for war. General Bell has
been summoned by President Roosevelt
to consult as to the campaign in case
troops are sent against Colombia. Bell
would probably command an army of
invasion.
The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1903-12-14
NEW ADVERTISER EMS
Notice to Creditors.

Notice is hereby given to all persons
having claims against the Estate of
Liilii Kaha (k), deceased, intestate,
late of Kalaupapa, Molokai, to present
the same to the undersigned, Admins
traitor of the Estate of said decedent,
at his office, Judd Building, Honolulu,
within six months from the date or the
first publication of this notice, or they
will be forever barred. ~.
WILLIAM o. SMITH,
Administrator of the Estate of Liilii
Kaha, deceased.
Dated, Honolulu, December IA, 1903.
4ts.-Dec. IA, 81, 2S, Jan. 4. ~
The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1903-12-14
rleeting Notice.

An adjourned meeting of the Bar AS
ISOLATION of the Hawaiian Islands viii
be held in the hall over the office OF
Castle & Cooke, Ltd, on Monday af-
ternoon, December 18th. at o'clock.
to consider the resolutions passed at
the Citizens meeting held on Decem-
Der 18th. All members are requested to
be present. ''~.
JOHN ALBERT MATTHEwMAN.
SECRETARY.
The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1903-12-14

the Revised Statutes Of the United
states, or In or by any other Penal
Statute OF the United States.
"Cc) That said first count does not
allege. st forth. charge or specify ~
gainst this defendant, the commission
Of any offense against any statute Of
the United states"
The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1903-12-14

Case. schr clpse, Gahan, from Ha-
wall and Maui ports, at sos .. m, with
1850 bags sugar 60 bags coffee. Is bun.
ches bananas, ~ pkgs sundries.
Saturday, December r.
Stmr. Hawaii, Nelson, from kalau-
papa and Hawaii ports, at j.15 y. m.
Stmr Lehua, Napala, from Lanai.
Maui and Molokai ports, at 5:l5 .. m,
The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1903-12-14

The indoor baseball match at the Y.
NJ. c. A. Saturday night, between the
Iolanis and the High Schools, was won
by the former, the score being 10 to 3.