davidaulloa/AmericanStories huggingface dataset:
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1904-10-08
EXCEPTIONS TOO LATE.

BY decision of the Supreme Court,
written by Chief Justice Frear, in the
case of Kapiolani Estate, Ltd, VS. L.
A. Thurston, the defendants motion to
remit the record to the Circuit Court
and continue the case until the return
of the record was denied. Kinney, Nc
Clanahan & Cooper and S. II. Derby
for plaintiff; Castle & Wilmington for
defendant. The court holds:
"A bill of exceptions cannot be amend
ed by Incorporating therein entirely
new exceptions after the time pre-
scribed by statute for Incorporating the
exceptions in the bill, even though il
may be amended so as to make excep-
tons previously incorporated therein
availa bic"
1t appeared by affidavit that page
was accidently lost out of the bill of
exceptions before it was allowed by
the judge and the thus defective bill
was served on the plaintiffs attorneys.
Before the mistake could be rectified
the statutory time for fling bill Of
exceptions had elapsed.
In the tobacco injunction suit of =.
Rubinstein & CO. vs.. H Hackfeld &
Co, Ltd, a lengthy affidavit of Her
man Heyneman of San Francisco is
filed. Affiant Is agent of the American
Tobacco Co. and his declaration. with
many exhibits attached. goes to show
that after the dissolution of copart-
nership of Hynan Brothers. doing
business in Honolulu. and the success,
sion Of Isidor Rubinstein to them un.
der the name OF I. Rubinstein & Co.
the American Tobacco Co refused an
order Of that firm for 10000 pounds OF
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1904-10-08

Justice Leonard A. Gfegerich. of the
New York supreme court tells a story
or TWO lawyers who appeared before
MIN some time ago in the argument
OF motion. One was an excitable fell
low. who clustered and spluttered a
great deal and the other was of the
calm. judicial order. with the usual
attendant of biting sarcasm. I object
to the statements of my learned
friend, !" said the excitable one; they
should not go on the record. They are
entirely trivial" I beg the courts
pardon replied the other, calmly. but
l believe that my learned opponent
meant to say that my remarks were
frivolous
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1904-10-08

Of TRUSTS
.WaiIuku Stock In
T. Cummins
Estate.
Mischief Is Caused By
Loss of a Page Of
Writing.
Rubinstein Turned Down By the
American Tobacco Company.
Court Items.

An important question in its bearing
on trust estates was under argument
all of yesterday before the Supreme
Court. It came up on a motion to dis
miss an appeal from decision by Judge
De Bolt in the matter of the estate of
Thomas Cummins, deceased. Chief
Justice Frear, Justice Hartwell and
Circuit Judge Gear constituted the
court, the last-named in place of JUS
tice Hatch, disqualified.
minis consisted of a certificate of shares
of Wailuku Sugar Company stock. The
late Thos. j. Cumnins, son of Thomas.
had a life interest in the estate. Bruce
Cartwright was executor and trustee of
the estate. Joseph o. Carter was at
torney in fact for Thos. J. Cummins in
his life and his executor after he died.
The Waikiki Sugar Co.. to wipe out a
debt, issued some new stock and passed
a resolution giving shareholders at the
time an option on new shares at par in
stock Mr.. Cartwright did not avail
himself of the privilege for the benefit
of his trust. He was absent at the
time and w. NJ. Graham was attending
to the business of his office IN general.
Mr. Carter, as representative of the life
tenant, went to Mr.. Cartwright's office
and demanded the privilege for his
principal. Mr.. Graham, after consult
ing lawyer, transferred the right in
question to Mr.. Carter, who thus equip
ped procured forty shares of the new
Wailuku stock on paying therefor the
par value of $4,000. the market value
thereof being at that time $4,000. He
used the money of his principal, Thos.
fJ. Cummins, for the purchase.
Mrs King and Mrs. Fairchild, chill
dren of Thos. ]. Cunlmins and '-renafn-
dermen'' of the estate of Thomas Cum
minis, brought suit IN equity to re-
quire Mr.. Cartwright to be surcharged
with the $1,000 increase of Waikiki
stock as lawfully belonging to the es-
tate of Thomas Cummins. Judge De
Bolt, however, held that the trustee had
properly disposed of the forty shares
to the life tenant.
Mr.. Breckons. associated with Mr..
Prosser as counsel for the remainder
men, contended in the Supreme Court,
on the strength of a Hawaiian deci-
sion, that any increase of either real
or personal property to an estate in
trust must be added to the corpus of
the estate and in no manner be treat
ed as income for the benefit of a life
tenant.
Cecil Brown, assisted by R. Ander-
son of Ballou & Marx, appeared for
Mr.. Cartwright. Mr.. Brown contended
that the executor had no authority in
law to speculate in the stock, even
though it was at a premium, the es-
tate having no money that could be
used for the purpose of taking up the
new shares. If he had bought the
stock and it had fallen in price below
par, the court would undoubtedly have
ordered him to be surcharged with the
deficiency for the benefit of the estate.
Holmes & Stanley appeared for Mr..
Carter.
EXCEPTTONS too IATE
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1904-10-08
NOTICE.

ANY WOMAN OR GIRL NEEDING
help or advice, is invited to communi-
cate, either In person or by letter. with
Ensign L. Anderson, matron Of
the Salvation Army Woman's Indus
trial Home, Young street, between Ar
tesian and McCully Streets, mauka
side, Honolulu.
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1904-10-08
Remarkable
RuberiOd
Roofing

Statistics prove that less than
per cent OF the roofs on which mil
Hons of rolls of Ruberiod Roofing
have been applied during the past
twelve years have been painted or
coated.
This is a record Of durability
never even approached by any roof
ing, whether of metal or other ma
teriaI. It is a positive demonstra-
ton Of weather-proof, acid-proof,
waterproof and Increasing quail
ties such as are found in no other
roofing.
This roofing is for long wear. For
temporary roofing we have cheaper
grades.
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1904-10-08
Castle & Cooke, Ltd.
HONOLULU.
Commission Merchants
SUGAR FACTORS.
AGENTS FOR a.
The Eva Plantation Co. 10

AGENTS FOR IA
The Eva Plantation Co.
The Waialua Agricultural Co., Lto4 !
The Kohala Sugar Co.
The waimea Sugar Mil Co.
The Fulton Iron Works. st. LOUIS
The Standard on Co.
The George F. Blake Steam Pumps.
Weston's Centrifugals.
The New England Mutual Lie 1hsur-
ance Co., of Boston.
ford, Conn.
The Alliance Assurance Co. of Lon
don.
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1904-10-08
REALTY TRANSACTIONS.

Entered for Record Oct. Z, 1904.
Kekula and hsb to NJ Damon. ....... T
Kina HAWAIIAN (w) to Hee Chan
Bow
The Providence news. (Providence [R.I.]) 1891-1906, 1904-09-14
WEODED At ST. MICHAEL s.
Lawrence S. Mooney Of Paxtuckst and
Miss Kathrjn T. .RadIgan United In Marriage

At St Michael's church on Prairie ave-
nue. this morning Mr.. Lawrence S.
Mooney OF Pawtucket, and Miss Kathryn
r. Radigan were united In bonds OF mat
rimony by Rev Joseph r. McDonough
The bride wore "a handsome gown OF
white cream silk and carried brides roses.
and the bridesmaid, Miss Katherine II.
Cox, wore a gown OF lavendar creation
and carried a large bouquet The best
man was Daniel Il. Mooney. A reception
was held at the home OF the brides
parents. MIR. and Mrs Francis Radigan.
on Potter's avenue. where a sumptuous
wedding breakfast was served.
Many beautiful presents were received
by the happy couple. The groom's gift
TO the bridesmaid was a handsome gold
ring. set with opals. and the best man
received "a handsome gold scarf pin.
MIR and Mrs Mooney will leave on an
extended wedding tour this evening. and
will be at home during tho month Of
November az their new home. 80 Bowers
street. in Pawtuckct where Mr. Mooney
IL a well known and successful business
man.
The Providence news. (Providence [R.I.]) 1891-1906, 1904-09-14
A REPUBLICAN BATTERY.
-Four MortaTs 10 Shoot Bombs Promises 10
Add Interest 10 Presidential CampaIgn.

A battery OF four guns, manned by 100
Republican artillerists under command of
Capt. y. Merle Bixby OF the First Ma
chine Gun battery. R. l. NJ. promises to
be one OF the most interesting features OF
the political campaign this fall in addi-
ton TO the many marching clubs who will
Follow the Roosevelt and Fairbanks ban
ners TO the light OF hundreds OF torches
lhe marching clubs I'm general will be
In charge OF Capt. Alonzo X. Williams
aud Capt. Bixby has the charge OF the
battery.
The four guns and carriages are being
constructed at the present time and will
consist or wooden mortar made to
shoot bombs on a light carriage. There
Will also be Timber and timber box to
contain the fireworks and instead OF can
noneers occupying the seat II is planned
TO have strong acetylene searchlight
mounted on each.
Sockets for red fire torches will also
as there will be no horses the search
lights and torches will light up the line
OF men on the toggle ropes.
The toggle rope will be used similar to
the one on the Hotchkiss cannon used
by the naval reserves and with about IS
men on the rope the gun crew will COM
prize lieutenant. sergeant and corporal
for each gun with a captain. first SER
geant and quartermaster sergeant for the
battery
II hope TO have about 100 men," said
Capt Bixby this morning, and while
expect large number OF militia men
and men for my battery there are places
for a lot OF others, and | am going 10
receive names OF those who want to Join
here at my Mathewson street office till
the ranks are full"
Il am having a sample uniform made,
similar TO the full dress artillery uni
farm with the new bell topped hat. and
II II Is ready IN time | will have II over
at the officers meeting Friday night in
Republican Headquarters"
AT flag raislngs these gaily uniformed
artillerymen will undoubtedly prove an
interesting picture and In the intervals
of speechmaking the battery gan go into
action and fire n few rounds of bombs.
The searchlights also promise TO be an
interesting accessory, as they will light up
speakers and the banners to be unfurled.
The name Of the battery has not yet
been decided. but it is barely possible that
the name OF the state senator may figure
I'm the title.
1t is very probable that this will be
one OF the most popular marching COM
mands In the campaign and that It will
be only few days before the battery has
It's full quota OF men, for II is bound to
be i'm demand In other places outside OF
Providence when the campaign is strenu-
Gus.
The Providence news. (Providence [R.I.]) 1891-1906, 1904-09-14

The Chicago q Northwestern Ry. has
issued a new publication entitled Cali
fornia." IL contains "A beautiful colored
map of the state. list OF hotels at Cali
fornia tourist resorts. with their capacity
and rates; and a most interesting series
Of pictures showing CALIFORNIA; resources
and attractions. The prospective visitor
and settler should be I'm possession Of a
copy of this profusely illustrated folder
Sent 60 any address on receipt OF four
cents In stamps. one way tickets on sale
daily September 10 TO October i5. only
t33 90 Chicago TO the Coast Correspond
ingiy low rates from all points J. r.
Britain. General Agent Passenger Dept
Ses Washington street. Boston. Mass
The Providence news. (Providence [R.I.]) 1891-1906, 1904-09-14
FINANCIAL
BULLS AND BEARS.

Wall Street. Sept 1.-THE tone OF the
day was slightly irregular but gains
largely predominated. A few OF the gran
gers and southwesterns were slightly
lower and Texas and Pacific lost H.
There was very large dealings I'm Penn
sylvania at unchanged quotation from
last night but the price soon yielded
slightly Southern Pacific was up ", Den
yer and Rio Grande q. and an umber OF
other leading stocks half.
Prices surged rapidly upwards in all
directions following the upbiddng of
Pennsylvania interest Is dominant, shared
In its strength advancing l q 2 points.
The coal stock and eastern trunk lines
were generally strong and the western
group gave its first demonstration OF
strength OF the week.
Southern stocks were sustained by the
steady accumulation OF Southern Railway
and the rise In United States Steel pre-
ferred contributed 10 strength in the
metal quarter. Among the largest gains
OF the first hour were Anaconda, 3; Metro
politan Securities 23s and Metropolitan
Street Railway and General Electric q:
Union Pacific. United States Steel pre-
ferred. Colorado Fuel and the Smelling
stocks ! a 1A. A renewed advance in
Pennsylvania 10 l30Ss rallied the market
after a slight reaction.
Buying was resumed with some spirit
for a timo In the standard stocks and
st. Paul, Union Pacific and New York
Central sold slightly higher. The low
priced coalers all brought better prices
but the entire market halted and fell
back when the profit taking in Pennsyl-
vania became effective. Pennsylvania ran
off " and most of the grain carriers about
as much.
The Providence news. (Providence [R.I.]) 1891-1906, 1904-09-14
0DELL-PLATT FIGHT To
co To CONVENT T|ON.

I selected as temporary chairman. Mr..
| Fnssett was escorted 20 the platform
! and was accorded an enthusiastic recep-
! tion.
He expressed his thanks for the honor
! OF presiding over the convention and i'm
mediately launched into review OF the
growth OF the Republican party for the
last fifty years saying:
CHAIRMAN FASSETT SPEAKS.
our greatest party assets is the rec
ord OF what we have done.
In view OF the unbroken successes OF
the Republican party IN conducting the
domestic and foreign affairs Of our coun-
try why should there be a change? What
gain are we likely 10 experience I'm any
direction. either social, civil or industrial? l.?
What accomplishments OF the Democratic
party. when Il has been In power during
the last half century, gives us any en-
couragement 10 trust them again. Be
fore them we enter upon the risks and
disturbances incident 10 all political up
heavals. II is not unreasonable that we
demand proof, not that the Democracy
Will do as well as we have done. but that
they will do better than we have done.
We search their platform and listen 10
their candidates and read their news
papers in vain for any comprehensive.
coherent system or plan for bettering our
conditions.
President Roosevelt is renominated.
President Roosevelt viii be reelected. To
think anything else will be 10 impeach
the intelligence OF the American people
He stands for every principle for which
you and l and our fathers and our party
and our fathers party has stood for
ITO anticipate any other result would
be 10 imply that Americans have no mem
ories. Speak OF him as they will. write
Of him as they may there is not one Of
our opponents throughout the length and
breadth Of the land who would not be
delighted and proud beyond measure, 10
have his own sons imbued with the
same lofty aspirations and endowed with
the same characteristics as have made
Theodore Roosevelt what he is They
all know. as you know and know, that
under him and his party the destinies OF
the country will not be dimmed and we
have a right 10 believe. nay, a right con-
fdently 10 expect that the people I'm this
country will emphatlcally declare by their
votes this fall that the party that has 80
builded and equipped our
ship OF state and so superbly brought her
thus far on her gloriously way and is 80
ably led, is the safest party to which 10
entrust her further destiniee"
Senator Fassetts speech was heard
with closest attention and was frequently
interrupted with applause and cheers.
The convention took a recess at 2:12
until IL o'clock tomorrow morning
The Providence news. (Providence [R.I.]) 1891-1906, 1904-09-14
NUGGETS OF NEWS.

j. p. Eller has been nominated by the
Democrats for congressman IN the Sixth
South Carolina district.
Tho Natoma Vineyard winery. one of
the largest In California. has been burned
The loss probably will reach 10000
On account OF the rain TODAY. today,s
events at Readvilie trotting park have
been postponed until tomorrow =,
favorable Major Deimar will then stsr,
against the record
Sally Rsunheim. n well known minine
engineer, is dead az MS home AT New
York. He was Identified with the omen
ing and development OF many important
copper properties In the Montana Geld.
At Republican national headquarters II
New York II was announced today thai
Senator Dillingham; of Vermont r. =,
speak with Senator Fairbanks al IA,
opening rally OF the Maryland campaign
st Baltimore. Sept q.
The fret s25.O0o in gold souvenir dollar,
for the Lewis and Clark exposition hav,
been received by the First National banl
OF Portland. oregon. from the government
mint at Philadelphia. The coins are d
frifie smaller than a dime They vii
be sold for 3 each and 20 the purchased
81 nvs an additional one will be presented
The Providence news. (Providence [R.I.]) 1891-1906, 1904-09-14
ROAL CONTRACTS AWARDED.
Bids for Highways In CoVsnty, MIddIstoWn
and New Shorshan 0penei by State Board.

Three road building contracts were
made by the state board OF public roads
this afternoon after the bids had been
gone through
The bid OF the Lane Construction COM
pany for 2640 feet OF trap rock construc-
tion In Middletown for s2593 was accept
ed. There were in addition bids OF Amos
d. Bridge OF S2s67 for trap rock and Jo-
seph Mccormick 1858 65 for native stone.
j. O. Peckham got the contract for 223S
feet Of road In Middetown for $2S72 % and
the town or New Shoreham was the only
bidder also and got the construction OF
the section OF road on Block Island for
S23l2
The latter bid was made by John c.
Champlln for the town.
The Providence news. (Providence [R.I.]) 1891-1906, 1904-09-14

IN HIS OWN
BEHALF

New Bedford, Mass, Sept. 1.-THE
question OF the admissability of tho tes-
timony OF Edward T. Bannon in the
Smell trial was settled this morning In
favor OF the defense
After arguments in chambers. the court
came In and Mr.. Bannon took the stand.
He testified at length regarding his CON
versation with Sarah sherman last fall
at tho time he was Snelrs attorney and
was cross examined at greater length
by Attorney General Parker. who did not
succeed. howesver. in shaking his direct
testimony
Angles Smell was put on the witness
stand by the defence I'm his own behalf
about noon. Smell made an admlrable
witness, telling his story in a plain.
straightforward way
He told OF his actions on the ninth OF
September. l903 when Tillinghast Kirby
disappeared. He denied ever having any
trouble with Kirby. and said that they
were always the best OF friends.
He said that the last time ne ever saw
Kirby WAS wuen ne gave him some CLANS
before the old man crossed the bar 10 20
on tho west side OF the island lie was
not on the west side that afternoon nj
all. He said that on the night OF the dis
appearance he did not go out 10 hunt for
the old man because no one would go with
him When Head returned home late M
night and Smell wanted him 20 20 out 10
look for Kirby, Head said that ne would
not 90, that the old fool ought 10 know
better than 10 go way out there
The Providence news. (Providence [R.I.]) 1891-1906, 1904-09-14
BICYCLE
Thief
ARRESTED

For nearly year there has been
systematic stealing OF bicycles from this
city. and during the last two months It
has been positively unsafe TO leave a
wheel near Turks Head or the postofiice.
This morning Capt. Cannon and Detec-
tives OMalley and Ahern arrested George
Il. Dodge on Washington street.
Dodge. who Is 81 years old and belongs
sn Newburyport. Mass. confessed 10 steal
ing wheels here and In WoonSocket and
Newport.
Many OF these he sold 10 local second
hand man. so he asserts. and this story
Will be investigated closely.
He admits no less than n dozen thefts
but something like 100 are expected tc
be proven against him.
Dodge did six months. two years ago
from Pawtucket. for larceny.
The Providence news. (Providence [R.I.]) 1891-1906, 1904-09-14
NORTHERN NAMES BIG GAMR
WEALTH.
Abundance In the Great Forests Of
Aroostook.

latest reports ell OF Moose and Deer In
Abundance In the Great Forests Of
Aroostook.
With the approach OF the fall hunting
season In Maine come numerous reports
from the Northern section OF the state
regarding the abundance OF large game
10 be met with. Through the summer
months the presence OF deer in and about
the clearings has been OF almost daily
occurrence In many districts and I'm sew
eral instances handsome great moose
have been seen far south OF their usual
haunts, at least one family. a big bull.
cow and calf. being seen only a short
distance north OF Bangor. Latest re-
ports tell OF plenty of big game in prac-
tically all parts OF Northern Maine, so
there is plenty OF sport ahead for the
hunters who are planning TO take few
weeks Off In October, or "A little later and
demonstrate their skill with the rife In
the depths OF the Maine woods.
The fact that the Bangor q Aroostook
Railroad has pushed its four hundred
miles and more OF steel pathway far into
the favorite haunts OF Names big game
makes IL easy for visiting sportsmen to
rice IN the hFtgnt Of comfort -tl4+a-rery
station OF their choice. Then one Is In
closest touch with the game itself and
whether he carries home a handsome
trophy or not depends on his own skill
anu piOWcSS ds ~ surely the
game Is there, and in abundance
In order that sportsmen may become
more familiar with the manifold attrac-
tions OF an outing I'm the Maine Woods,
the Passenger Department OF the Bangor
& Aroostook Railroad has issued a ls0-
page guidebook entitled "in the Maine
Woods" which is sent TO any address
by c. c. Brown, @. p. & r. A., Bangor
Me-, on receipt OF ten cents 10 pay post
age. This book is beautifully illustrated
with over a hundred half-tone cuts de-
plotting hunting. fishing canoeing. camp
life and rare scenic effects in the i'm
mense play ground OF which IL treats.
has two full-page colorsd inserts. and is
replete from cover to cover with just such
information as the sportsman is most in
need OF and most anxious 10 know be-
fore making a trip 10 the Maine forests.
The Providence news. (Providence [R.I.]) 1891-1906, 1904-09-14
ABANKR0PTCY CASE.

Gilbert Johnson a. Sons. comprising
Gilbert Johnson and Gilbert Johnson. Jr..
OF Westerly. was adjudged bankrupt to-
day. adjudication being entered in the
eases OF the partners as we'll as thu firm.
The action was result OF their petition
I'm bankruptcy. I'm which they show debts
OF 1898 for the firm and assets OF $40 60.
Gilbert Johnson's individual statement
shows debts OF sli0356 and assets OF
$2C36pS. and Gilbert Johnson. Jr. shows
no personal liabilities and $40 In assets.
The matter has been referred to Chester
W Barrows ESQ, referee I'm bankruptcy,
for hearing Sept Is at 10 n. m.