davidaulloa/AmericanStories huggingface dataset:
The Hawaiian gazette., 1904-05-06
PLAINTIFF
wins POINT
Miss Peabody Is Granted
Chance To Contest
tier Rights.

"A unanimous opinion of the Supreme
Court. written by Chief Justice Frear,
gives Lucy Is. Peabody u chance TO
| prosecute her action to quiet title
against 5. NJ. Damon, j. O. Carter w.
| II. Allen, C. NJ. Hyde and w. o. smith,
| Trustees under the viii of Il. T.. Bish-
| op, deceased.
Circuit Judge De Bolt directed n Jury
to find verdict for the defendants. A
writ of error obtained by the plaintiff
carried the matter to the Supreme
| Court, where 1t is now decided on a
motion by defendants to quash the
writ. Some of the grounds of this mo-
ton are found we'll taken, but the writ
will only be dismissed If the plaintiff
fails to perform Il certain condition, as
may he seen further on, which Is APP
parently easy. Il. c. Peters appeared
for the plaintiff; Kinney, McClanahan
" Cooper, $. H. Derby and Holmes Il
Stanley for the defendants
one OF the grounds of the motion to
quash was that plaintiff had satisfied
execution for costs and therefore was
estopped from bringing a writ of error.
The Supreme Court finds in effect that
the costs were but a small part of the
case. Judgment for the possession of
the land was the main thing and ii was
not satisfied. Hence the writ of error
would stand in that regard.
Another ground was that service was
not made OH c. NJ. Hyde (the late DR..
HYDE, but the Supreme Court holds
that service on a dead man is unneces-
sary.
substituted SarN-ipa Ia Iafa rIn
Allen is held invalid and the motion to
strike from the record an amended re-
turn of service is granted. At the same
time the Supreme Court says:
Service on the defendants was not
n prerequisite to bringing the record
here. The writ goes to the clerk or
judge of the lower court. The clerk
or judge returns the record to this
court. This court acts on the record. |
Service on any defendant is necessary |
merely to enable the court to dispose of |
the case as to him, because he Is en-
titled to a hearing before his rights
can be affected. But If, as is the case
here, the record shows that he never
was party, though he was named as a
defendant, and that he is not entitled to
a hearing, the court may act without
notice to him."
The conclusion of the opinion gives
the plaintiff an opportunity to have
proper service made on the defendant
not properly served before, the court
saying: THE writ will be dismissed
unless the plaintiff within ten days
takes proper steps to enable the court
to proceed to a hearing as to defendant
Allen"
As part of the grounds on which the
case was thrown out of the Circuit
Court related to the failure of service
IN the dead trustee, the Supreme
Courts decision virtually so far as
hat point is concerned, requires trial
If the action on its merits.
The Hawaiian gazette., 1904-05-06
CUMP ANY
IS LIABLE
h. Jeffs Gets Humid
red Dollars In
Damages

Another hundred dollar judgment
was given against the Honolulu Rapid
Transit Co.. in district court by Judge
Lindsay yesterday afternoon. Harold
Jeffs sued the company for 5000 dam
ages, for being forcibly elected from
n Beretania street car, after the con-
ductor had refused TO accept a trans
fer given him on the King street car.
Jeffs in his testimony stated that he
chad paid five cents to the conductor
of the King street car and at Alapai
had demanded and been given n trans
fer to the Beretania street line. He
walked from King to Beretanla streets
and boarded the first car He rendered
to the conductor on this car the trans
fer from the King street conductor,
which ne claimed to nave accepted in
good faith. The second conductor de-
clined to accept the transfer ticket and
demanded five cents. which Jeffs said
he refused to pay. He was thereupon
elected from the car to his great
humiliation, discomfort, etc.
The defense interposed by the Rapid
Transit Co. was largely on the legal
phase of the question. w. L. Whitney,
who appeared for the defendant, con-
tended that the company was not re-
CURED either by its rules or by Its
charter to give transfers from King
street to Beretania street. and that the
transfer rendered by Jeffs had been no
more than worthless piece of paper.
The case, he said, was different from
the Rhodes case wherein the plaintiff
had a right to the transfer, in accord
ance with the rules of the company,
but here there was 40 authority for
the issuance of the transfer at all.
That was not your contention in the
Rhodes case" mildly suggested p. L.
Weaver who appeared for the plain
tiff
mo, that was not our contention,
but it is what the court held and that
Is law until reversed"
Judge Lindsay said that argument
on the part of the plaintiff was not
necessary. THE facts of the case do
lot seem TO leave much room for argu-
ment," said Judge Lindsay in finding
'or the plaintiff. II am satisfied that
he defendant is liable and shall award
Judgment for the plaintiff. 1 think
that one hundred dollars damages is
with costs of court"
Mr.. Whitney asked that the court
pass upon the matter more fully, and
though Judge Lindsay said he didn't
have to, he consented. II believe the
defendant corporation from the evil
ience, Is fully convinced that the first
conductor made "A fool of himself, and
should not have given the transfer"
said the court. And ! believe that
Jury would find that the conductor
made several kinds of a fool of himself.
But the plaintiff, Mr. Jeffs, accepted
he transfer in good faith and rendered
t to the conductor on the second car.
There is no doubt but what he was
lumlllated and elected and suffered
great discomfort"
Mr.. Whitney gave notice of appeal
o the circuit court. The INCIDENT for
which damages were awarded took
,lace February 29th.
The Hawaiian gazette., 1904-05-06

u there remains any douhl mat mo
canal 4uRo Is nnlltd slaIes territory
~ Win hu removed by the nrWH mat
lahurnrs pn iho lslhmian railroad haYn
uluek fnr hiFhrr Vases Tho rhlln
arIphla NGffn American
The Hawaiian gazette., 1904-05-06
CONVICTED OF FELONY.

Kawamoto was found guilty by a
jury, before Judge De Bolt yesterday.
of an outrage. w. S. Fleming and w.
II. Rawlins appeared for the Territory,
and e. A. C. Long for the defendant.
The following jury was found satisfac-
tory as drawn. Percy Lishman, c. j.
Falk, j. r. Gait, w. NJ Buchanan, w.
e. Brown, S. *. Paulo John Kidwell,
Jas. Bicknell and C. j. Ludwigsen.
Three witnesses We're called and five
exhibits presented by the prosecution.
The defendant had four witnesses and
the prosecution put on a witness in
rebuttal. 1t took the jury nine minutes
to find the defendant guilty. Notice of
motion for a new trial was given by
Mr.. Long. Sentence will be pronounced
at 9 o'clock this morning.
AXTELL VS.. HENDRICKS.
]. C. Axtell's damage suit against H.
e. Hendricks for malicious arrest got
well under way on new trial before
Judge Gear and jury yesterday. The
plaintiff was on the stand a large part
of the day.
The Hawaiian gazette., 1904-05-06

y
Mrs. Westerveit was born in New
York State and was educated i'm Ober-
lin, Ohio, graduating from the Ladies
Course of Oberlin College in 1870. She
was married in 1873 to William d. Wes-
tervelt.
Mr.. and Mrs. Westervelt came to the
Islands in 1889 where they spent two
years in the mission field. After ten
years of pastoral work in Chicago, they
came back to Honolulu. where Mrs.
Westervelt has, in spite of very frail
health and oftentimes great suffering,
given most valuable aid ana sym
pathetic support and counsel, not only
in her husbands work but in that of
various organizations. This has been
true of her from the beginning of her
husbands pastoral life soon after their
marriage, She had always taken "A
most active interest in work for Ha-
waiian girls as well as for those of
other nationalities In Hawaii Her self
sacrificing devotion to the missionary
cause at home aud elsewhere showed
Itself especially IN many lonely hours
of suffering, heroically horne, when she
insisted on sending her husband forth,
always saying, THE work must come
FIRST"
A trip 20 Japan ana China a few
months since, procured hut temporary
elevation VA no which has scarcely
known lny without some pain nur
ms lhp nsi faN weeks after lhr wluin
nom ihe nUenl Nra MeslrW,h was
nhlH % llln nui hul Hirr hrr illnpsH
rnlnarhHl severely nn haF Hrensih
HnH nNWNliy ml pniWanHa And mus
me- lHlh ifWfhfi Hs M spn fan m
lHIH NJ NnAHEilr Hrl allnuHNlN
MA M imuluae Hnl WiNf lnWlm lu
lNF fnHi WNM M lgmmlf
The Hawaiian gazette., 1904-05-06

1T WORKS LIKE MAGIC.-The re-
lief obtained from Chamberlain's Pain
Balm when applied to burn or scald
is so nearly instantaneous that it seems
almost magical in it's effect. An in
jury of this kind heals without matur-
alton when this remedy is applied and
unless the wound is very severe does
not leave scar For sale by all deal
ers and druggists, Benson, Smith &
Co., Agents for Hawaii.
. . . . . . . . . .
said palm trees on Beretania street
has absolutely refused to do so, and
has announced it's intention OF con-
tinuing the mutilation and destruction
of said palm trees, and that the plain
tiff verify believes that 1t will do so
unless restrained by the process of this
honorable court,
"That the mutilation of said palm
trees is wholly unnecessary for the bet
terment OF defendants service, or the
reconstruction Of defendants lines, and
that said lines can be reconstructed
without any hardship 10 defendant, and
In such a way as 90 avoid the mutila-
ton of said palm trees,
'"fhat said nets pf defendant are
without amy justification ~ law what
soeYer ana are in oonlmYenlion 0f
plalntin'a rights under The laws ~ tbs
Territory ~ liaWaii ana upirr lho npn-
slllpinn NJ tho United states. ana ihal
said Ael8 n continued VIII rpusu ulalnr
an iWepamhlf lamagr Api lnlpN inr
rapAhla M compensation ln 1904 pelpR
la law
The Hawaiian gazette., 1904-05-06
f. J. TESLA
is INDICTED.
Criminal Libel is
Grand Jury's
Finding.

Frank ]. Tesla was indicted for Grim
inal libel by the grand jury in partial
report made before Judge De Bolt yes
terday morning. The accused avoided
the necessity of warrant of arrest by
surrendering himself to the court He
was released on his own recognizance
after reserving his plea to the indict-
ment by consent of Assistant Attorney
General Fleming.
The Hawaiian gazette., 1904-05-06
DEATH OF MRS.
WM D. WESTERVELT

After a long period of suffering pa
tiently endured, Mrs. Louisa C. Wester-
welt, wife of Rev. w. d. Westervelt,
passed away yesterday morning at the
age of SO years. Funeral services pre-
house, 1896 Kinau street, at o'clock
this afternoon, and a short burial SER
the ashes will be deposited in the mis-
sionary plot in Kawaiahao cemetery.
The Hawaiian gazette., 1904-05-06
DIVORCE REFUSED.

An unusual thing in Hawaiian juris-
prudence happened yesterday, when
Judge Gear denied decree of divorce
to Rose kaialoa against Solomon Kaia-
loa. If there is anything justice in
Hawaii is speedy in, it is in putting
asunder what God hath joined" and
the number of divorces refused is so
small as to make one remarkable when
it happens. ]. Lghtfoot, attorney for
the libellant in this case, noted an APP
peal. w. L. Whitney appeared for the
libellee. Judge Gear took a day to de-
eide the case after its hearing.
The Hawaiian gazette., 1904-05-06
ACTION DISMISSED.

Judge Gear, at the request of the
plaintiff, ordered the discontinuance of
the action to quiet title in leasehold
containing about twenty-one acres at
Waikiki, brought by Lam Wo Sing
against Moses Puahi, l.. X. Puahi and
Tam Pong. Fleming and Derby APP
peared for plaintiff; Ashford for de-
fen6apt
The Hawaiian gazette., 1904-05-06
RAPID TRANSIT APPEAL.

A motion for new trial, with bond
on appeal, has been filed by defendant
in the suit of Manuel p. Ferreira VS.
Honolulu Rapid Transit & Land Co.
in which a verdict for plaintiff with
damages of $4,000 was returned.
The Hawaiian gazette., 1904-05-06

damages or S3UUO was returned.
WILL OF SAM SACHS.
l.. SchweitZer has petitioned for pro-
bate of the will of Samuel Sachs, in
which Samuel, son of the testator and
Mrs. Mary Downey are named as de-
visees and legatees and the petitioner
is named as executor. The estate is
represented as all personal and valued
at STOPS.
I'm recognition of the services and
friendship of Mrs. Mary Downey," the
testator says, Il do give, devise and
bequeath to the said Mrs. Mary Dow
ney the sum of two hundred and fifty
dollars, and l do request that the said
sum be paid over to Mrs. Downey out
of moneys now in the bank in my
name"
All his remaining property he pro-
ceeds to leave to his son Samuel,
allowing him during minority an in
come of $50 a month and appointing
Mrs. Emma Publ as his guardian.
In the will, executed February .. 1902.
in presence of Chas j. Fishel, VIM.
Merz and Edwin $. GILL the testator
appointed Eli Peck, who has since died,
as executor By codicil dated May 6,
executed in presence of Johannes +.
Eckardt. James NJ, Tracy and Morris
Rosenbledt, Mr.. Schweitzer was sub
stituted as executor.
ALLEGED TELEPHONE VANDAL-
ISM.
Henry II, Cooper. In his petition on
which Judge Gear ordered a temporary
writ of injunction against the Mutual
Telephone Co, says he IL the owner
ana In lawful possession Of premises
on the corner of Punahou and Rere-
tania streets, which are used as home
by himself ana his family, Upon the
premises ana fronting on both The
streets named are certain royal palm
irees Of great value ana heiplI ana
hishlY prted by plainIiff 49, ornaments
Co his residence Then The grievance
~ thus stated
That he infendAnL lhr hnWAl
Irlrphnnr inp lidr NJ fnRaFfi in ihn
W'nnslrN,iiw N ils llnrs NJ ifl0rRenr
NlnpH FHia lunannN HInrl Hnl liafi
iAnlt Hilrei NNi iNli bra iha tNNaifN
ilnr M fHll lHHs NlNNH lNNshnN ail
noe fNlhl'sHil WHll.lnHHlf NHl NNH
faaIHl lsHNHl WH M Hll lNln
li Hnl IL HH'HiHH M lNf
WHINN a HIl4 f.'.llW lH Ht
HIl lI.i#nH Nl lNN
nNalY M UNlIa m4.H
NllI NNNiHN
The Sumpter miner. [volume] (Sumpter, Or.) 1899-1905, 1904-11-09
fell Down 23O.fOOt Winze
While Working His
Shift Under.
ground.

Several days since The Miner men
toned the fact that the Case Furni-
ture company had, on an order re-
ceived by telephone, sent coffin to
Susanville. At that time nothing
was known here regarding the matter,
nor could any facts be a,certained.
lt has since been learned that
John Penaluma was instantly killed
at the Badger mine by falling down
u 800 foot winze. The mine Is
worked through a crosscut tunnel.
which strikes the ledge at depth
OF 500 feet. From there It is worked
through a winze, which is 800 feet
below the 500 foot level.
Penaluma was working In drift
no the level, aud while coming out
for dinner walked into the winxe
and fell to the bottom. The manRled
body fell at the feet Of two men, one
being the dead mans cousin. who
were working at the bottom.
Penaluma had just arrived from
Cornwall, England, but a few days
ago. and while he had worked four or
five shifts for the company, this was
his first shift In the Badger. He
leaves a wife aud four small children
In Cornwall.
The Sumpter miner. [volume] (Sumpter, Or.) 1899-1905, 1904-11-09
nuqheS Sells Ills Standard Stock.

w. w. Reese aud j. II. Hughes
returned from a trip to Pendleton the
first of the week. While at Pen,
dleton Mr.. Hughes disposed of his
interest In the Standard mine. There
10 good demand for this stock and
all that is being offered 10 quickly
taken up. Mr. HuRes also closed
deaf transferring his title to claims
joining the Copperopolis, to the
Oregon Idaho Gold Mining COM
pany. This company has OF late In
creased their holding consider ally In
this district aud Mr.. Hibbs. who 10
heavily interested In the company
has communicated to parties here
that the company intends to proceed
with extensive development work.
lie 10 expected to be here about the
first of the year. Prairie City Miner.
The Sumpter miner. [volume] (Sumpter, Or.) 1899-1905, 1904-11-09
Placer Dry Separator.

Fred o. Bloom, OF Helena, Mon.
tana, has secured letters patent on
an invention which, II the claims of
the inventor are not exaggerated, +,
promises to almost revolutionize the
placer mining industry. The
machine IL called a "dry separator. 4"
and those who have examined Mr..
Blooms model pronounce ii Il
succe 's. 1t works on practically the
asme principle rs that utilized IN
panninR gold with a common gold
pan. except that where IN the
panninR process water IL used. a
blast Of air removes the lighter sand
aud gravel aud allows the gold to
settle into rifles prepared to catch II.
In the machine are large number OF
screens 0f different meshes, through
which the gravel Is put before being
subjected to the air blast. In addi.
ton there IL an apparatus for drying
the gravel, thus enabling quick
separation.
The Sumpter miner. [volume] (Sumpter, Or.) 1899-1905, 1904-11-09
Beautiful Columbia River Folder.

Beautiful Columbia River Folder.
The passenger department of the
Oregon Railroad Il Navigation CON-
pany has just issued a beautiful and
costly panoramic folder entitled The
Columbia River, Through the Cascade
Mountains, to the Pacific Ocean,"
From Arlington to Portland, and
from Portland 10 the PaUific ocean: :
every curve of the river and every
point OF interest are shown, while
Mount Hood, Mount Adams, and
Mount st. HeIens, perpetually Gov
cred With snow. stand In all their
beauty. On the back of the map is
an interesting story In detail Of the
trip from Huntington to Portland
and. from Portland to the ocean, not
overlooking the beaches and the San
Frcisco trip by ocean. Acopy of this
folder may be secured by sending
four cents In stamps to pay postage
to A. l.. Craig, General Passenger
agent for the Oregon Railroad 4
Navigation company. Portland, Ore
gon. by sending the address Of som
friend In the east. and four cents
In postage, the folder will be
promptly mailed.
The Sumpter miner. [volume] (Sumpter, Or.) 1899-1905, 1904-11-09
SAYS Ore is So Rich That They Seal it In
Coal Oil Cans for Shipment
Underground.

smiling phiz OF our versatile school
teacher, Scott, he OF the pretty curly
hair, and the ever ready pleasant
word to one and all. Alas the
curls are departed glory as they
have gone hence with the aid Of
power driven clippers, ss they were
too many for the puny shears.
l.. q. Beckwith 10 here with MIR.
Riley, n gentleman with u mining
expeI ience exceeded only by the man
whose age IL many times greater than
his: 30 between Beckwith and Riley
the chances are they will find some
thing which will warrant Mr.. Riley
In jarrinR loose q few plunks for q
prospsot that will resolve itself into n
mine under Beckwith's management.
The camp IL full to overfiowinR
with idle men; and as all necessaries
are exceedingly high; the chances
are there will be much suffering here
this winter; M each day increases
the population from Hfty, to IA
hundred. or even, over. OF course,
the mines are placing men ut work
M fast as places can be found for
them, but the fact must he born In
mind that this Is the youngest boom
camp today. aud that almost all the
buildings are hastily constructed
adobes. aud tents. still, despite the
immense discoMtorts of such radical
departures from former modes Of
living, attended at times by veritable
cyclonic sand storms aud inadequate
water supply, every one seems to be
happy; conscious that In time
comfortable dwellings will be erected
aud streets laid out, and that muchly
priced element 30 dear to woman,
hot water. will be given out with
liberal hand. while ut present she
stints herself.
Considering the cosmopolitan
nature Of the ever hustlina crowds
continually pushing. showing. aud
slbowinR on the main street, the
conduct IL remarkably good, M the
authorities have no trouble In main
tanning the peace. Of course, con-
ditions may change after cold
weather sets In.
Everything Ia run on the wide
open order; women mingle with the
men at all hours In the saloons, aud
II IL no uncommon sight tn see as
many women drinking rs there are
men standing ut the bar.
Thousands Of dollars are won aud
lost each might. Judge Evans 10
here but have not seen him yet.
The other night one msn lost over
%, 200, aud arose from the table
with the laughing remark. that six
weeks ago he would have been broke
The Sumpter miner. [volume] (Sumpter, Or.) 1899-1905, 1904-11-09

had he lost only six dollars. He l.,
one OF the made rich fast men of this
camp.
No papers are issued through the
general delivery windows, so you
might send me few to box No. IS,
80 can show these people what a
good mining paper looks like
T. j. COSTELLO.
Nevads, October 30, 1904.
The Sumpter miner. [volume] (Sumpter, Or.) 1899-1905, 1904-11-09
MOnteSuma.B Bunker nlll.

Warren Cable has been appointed
manager Of the consolidated Monte
yuma aud Bunker Hill mines In
the Cracker Creek district and will
take charge at once. The properties
are located on the mother lode and
It 10 reported on good authority that
the company Intends to run 1900
foot tunnel this winter. The ore Ia of
high. grade, aud II Ia expected to
make mine os the property next
spring. - Democrat.
The Sumpter miner. [volume] (Sumpter, Or.) 1899-1905, 1904-11-09

Editor Sumpter Miner: Hare |
am Ia the land Of golden realities; {;
ut least u no looks from u casual
In ,pectiOn Of the ore dumps aud
sacked ore ready for the teams to
haul tv the railroad at Tonopah.
The January mine IL worked by
lessees; the work being In charge Of
Sol Camp. aud to ray tho least. the
showing In something out Of the ordi'
nary. Que shot the other night
knocked down u bunch of ore which
scresned silky sacks. valued at seven
dollars per pound; this 10 merely an
occurrence In the dsilv routine work
ut this famous property, which IL
being rapidly placed In the top
notch under Soils management.
The dump will run easily seventy
five dollars to the ton. but II will
not be touched until u local reduo.
tion plant eau be erected ut the
property.
Tho Jumbo In on tho dividend
paying list. it's ore running into the
thousands ot dollars per ton.
The Combination. the Sand Storm,
aud tho Florence, are sll recognized
as dividend payers whose ores are
valued from $50 per ton up To the
almost unbelievable sum of $50, 600
per ton; ore so enormously rich that
Il IN sealed In coal oil cans In the
mine, then placed In wagons with u
heavy guard In attendance. to be
escorted twenty seven miles tn Tono'
pah; thence by rail 2i0 miles 10
Reno: hut at no time does this ore
escape the close supervision Of the
guards.
l could 20 on aud enumerate u
large number of producing mines In
this section; but the story of ono is
the almost identical history OF all; ~
will desist, for fear some of the boys
might think | was stretching the
truth; or giving "hot air.. Such
All argument would not apply In
tutr NWups uoWVNVss w ~ "'os" NV
utterly Impossible To make the hot
air strong enough tn be richer than
the ore Ia sight.
Oui old friends Philbrick aud
Fcnner are very much In evidence
IN the upbuildina of this section.
In iaot their business has grown tn
such proportions that they found II
necessary To enlarge the firm; ~ II
now reads, Booker, Pbilbrick, n
Fcnner. Mr.. Booker IL u man who
has spent many years In Nevada, Is
thoroughly up To date In the knowl.
edge Of mining. as we'll as survey
ing.
In one member q the firm of
Herrick 4 Scott, l hnd the genial,
The Sumpter miner. [volume] (Sumpter, Or.) 1899-1905, 1904-11-09
Don't 60 TO ST. Louis

Till you call ut or write to the
Chicgo, Milwaukee aud st. Paul raj.
road. Otfice l3i Third Street,
Portland, Oregon. Low rates to all
points East, In conenctiOn with all
transc cOntinentals.
w. s. ROWE. General Agent,
Portland. Oregon.
The Sumpter miner. [volume] (Sumpter, Or.) 1899-1905, 1904-11-09
Hotel Sumpter.

Meais 10 Osnts and up; bottle
Baker City beer cents per glass:
good rooms so cents.
The Sumpter miner. [volume] (Sumpter, Or.) 1899-1905, 1904-11-09

The Miner does job printing.