davidaulloa/AmericanStories huggingface dataset:
The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1904-10-04
JUDGE HlGHTON ON THE
HAWAIIAN JURY SYSTEM

/ oughncss The Tichbornc case. ! think.
was the most elaborate trial on record.
No one. however. disputes the fact that
practical justice IS rigidly applied in
Great Britain
The underlying necessity in criminal
jurisprudence, is real and not per-
functory equality before the law The
state or the territory has no legitimate
lprepossessions II acts without refer
ence to the personal equation and desires
nothing but the conviction OF the guilty
and the acquitta OF the innocent-guilt
or innocence TO be determined through
the existing forms and processes OF the
law. deliberately and coldly applied, and
which. il defective, it is within the legis-
lative authority to amend. A prosecuting
officer does not occupy the position OF
ordinary counsel. He is the representa-
tive of justice, alike to the common
wealth and to the accused. There is
sense in which he represents both sides
and acts as counsel for the prisoner
that is, in the protection OF his legal
rights. All cases stand essentially upon
an equal footing and there can be no
Just discrimination between cases Every
trial should take its official course. with
out either undue precipitancy or undue
procrastination. In case of homicide,
the station in life or the personal worth
of the victim is not to be considered
except, of course. naturally and properly,
by the public. The murder of Presi-
dent in itself, is no worse than the MUIR
der of hod-carrier. In the sanctuary
of the law. there is no room for prefer
ence or for vindictiveness or for re-
vcnge Vengeance is Mine-I will re-
pay, said tine Lord"
1t is true that ''the whole subject of
jurors has been twisted out of all
semblance to its original form" This,
social and political advancement, the de-
velopment of free institutions and the
rising value of individual man, have
compelled. 1t will be bad day for the
world when, if ever, this reform is ar
rested 1t will be bad day for the
American Union when, if ever, color ig
norance degradation, or anv conceivable
phase of humanity, can abate one jot or
one title of the protection to which, I'M
der our institutions, every human being
is equally entitled. 1t will be a bad day
for justice when, if ever, man charged
with crime is deprived of the right, not
to select, but to participate in the selec
ton, of the jurors, by whom. under the
law, as declared by the court. the issue
his life or his liberty. is to be
HENRY f. HIGHTON.
The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1904-10-04
DEAL
IS ALL. OFF
Purchase Not Exchange
Is the Governors
Method.

James b. Castle, although one of the
Governors Oldest personal friends. is
not going to receive the Kaipaupau land
on the Koolau side of this island under
the bargain of exchange for land in
Honolulu needed for street widening
which was arranged before Governor
Carter cane into office.
Instead, the Kaipaupau land will be
put up at public auction at an upset price
OF $1,000. The Board of Agriculture and
Forestry having marked out the upper
portion of the land for the forest reserve,
the area remaining is 325 acres. Mr..
Castle surrenders lease of 100 acres.
Land in Waikiki, which was to have
been part OF the property to be ex-
changed, will be purchased by the Gov
eminent, as will land needed for the i'm
provement of Fort street. The price to
be paid for the latter will depend on the
amount realized from the Kaipaupau
land. If that is secured by Mr.. Castle
at the upset price the Fort street prop
erty will go to the Government for what
Mr. Castle paid for it, but if the price
of the Kaipaupau land is run up by
competition full market value will be
paid for the Fort street property.
Governor Carter remarked yesterday
that, with this old matter ont of the way,
the questions OF the Polipoli springs and
Lahainaluna water on Maui would be
pretty nearly all Of the difficult prob
lens facin~ 49, w'''r he took office.
The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1904-10-04
Irrigation on Maui,

The conservation of the waters or
ually supplemented by big reservoirs
and mountain tunnels will open thous-
ands of acres of what is now arid land
to cultivation, and much of what Is
now dry and rocky land will one day
TEEN with luxuriant crop. The soil
and climate of Maui is most peculiar
ly adapted to agriculture, and water is
the one thing needed to make our dry
and barren hillsides blossom like the
rose.-Maui News.
The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1904-10-04
TAX APPEAL CASES
DECIDED BY COURT

Nine decisions We're filed by the Tax
Appeal Court yesterday
The Commercial Pacific Cable CO. s
cable out to sea three miles, assess
ed at 81, 500. is declared not liable to
taxation. In the absence of statutory
law governing the case the court
adopts the rule of law that in case of
doubt the taxpayer should receive the
benefit thereof
Other cases are decided as follows;
Theo, IL, Davies & Co., leasehold on
kaahumanu street, assessed at $1,000.
reduced by agreement 10 $500, re-
turned as of no value, Court fixed the
amount az $1,000.
Estate of Theo. IL, Davies, leasehold
at kapiolanl Park, assessed at $1,000;
no return, Assessor sustained.
Estate of Emma Kaleleonalani, land
az waikiki assessed az $4,000, re-
turned az 5000, Court fixed assess
ment az $4,000.
Allen s Robinson, 49, an enterprise
for pront. assessed at 100000 re-,
turned a. i.i5bsiOs. Assessor sus-
famed,
u y Wlchman s CO., nsserssd as an
enterprises for pront af $4,000, re,
TUNED az h3ibs.. AssessoF sus-
ialnra.
. = fmrrHon, lend on spencer
tiffrt. asHesafa "A 5000 frtulnel IA
liien lrssprs interest ln lHni pn Hotel
street afhasfri "a ii4a ffiufned "a
ialsp AFsFFfur Sustained M each as
frFHWfni
u q NiihWan lana al kuuHnu ,all
.lfl afasrsfi IN le improvements
az friHlnsi ai I.s9 Asfessof sus
lNpf1
Aniaul0 fafB lana ~ haHfla
fHrf aff8fi RI $40 faisfnal "a
lH Affshf fHsiaiNfi
The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1904-10-04
]. HOPP & CO.
WILL MOVE
They Secure Two Large
Stores in the Young
Building.
tFrom Saturdays Adv.rtiser)

Leases were signed yesterday effect
ing an important change in the retail
trade district of Honolulu. j. Hopp e.
Co., whose lease of the store. occupied
by them at the corner of King and
Bethel streets for over a quarter of
century ran out last August, yester-
day leased from the Alexander Young
Building Company two large stores
and two Easements in the Young
Building for furniture salesrooms and
warerooms, and also a portion of the
large warehouse in the rear of the
Young Building, the latter to be used
for manufacturing purposes. Hopp &
Co. Will occupy their new stores on
the first of November.
Over twenty-five years ago the late
John Hopp opened up a small business
as furniture dealer and repairer at
the corner of King and Bethel. At
that time King street was shady
locality. The block now occupied by
the Chambers Drug Co., Woods &
Sheldon, John Mott, the Union Grill,
the Wall, Nichols Co., The Advertiser,
Dimond, and other firms was at that
time row of small shacks. On the
mauka side of the street the Metropoli-
tan Meat Co. occupied wooden build
ing, and the coral building recently
vacated by Castle & Cooke was classed
as one of the most conspicuous struc-
lures on the street. Hops business
proSpered. AS he needed more room
he built additions to the older build
ings so that today the lot is covered
by one wooden building and a half
dozen additions to the old structure.
Mr. Hopp died in 1899 and his son-in-
law, E. NJ. Marshall, has carried on
an ever increasing business since that
time. The business has spread to such
an extent that it has outgrown the
buildings.
The two stores in the Young Build
ing will be thrown into one by the
construction of large archway
through the dividing walls. The firm
thus secures floor space for display
ing furniture about three times great
err in extent than their present quar-
tiers. While some manufacturing and
repairing will be done in the new
premises all mattress making will be
done in the warehouse at the rear of
the Young Building. The new stores
also provide four large show windows.
Hopp & Co. will carry a largely in
creased stock, and in the magnificent
new stores will endeavor to be as en-
terprising and faithful to the inter-
ests of furniture buyers as they have
been during their more than twenty
five years of successful trade at the
old establishment.
This addition to the number of firms |
in the Young Building will leave but |
one vacant store in the building.
The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1904-10-04

CONVICTED
OF MansIaughter
In the First
Degree.
From Saturdays Advertiser)

AT o:sS last night, after celebrating
for an hour and eight minutes, the jury
found Hayashida guilty OF manslaughter
in the first degree for the killing OF an
other Japanese at Waialua in the latter
part of May this year.
Hayashida was indicted at the June
term for murder in the first degree, and
his case was taken UP the present term
as one OF those continued from the previ-
Gus term. An error in the indictment
placing the crime at Waipahu was dis
covered while jury was being en-
paneled when nolle prosequi was en-
tered and the defendant released only TO
be Immediately rearrested. The present
grand jury brought in new Indictment
charging Havashida with murder in the
first degree, under which he was tried
with the result above noted.
Mr.. Cathcart noted exceptions to the
verdict and gave notice of motion Tor a
new trial.
Hayashida took the witness stand on
his own behalf shortly after 3 o'clock in
the afternoon. His evidence revealed
that self-defense was his reliance. He
said that Sato was advancing toward
him, with knife in his hand and that
he then grasped a stick and struck Sato
on the head with it.
Deputy Attorney General Prosser OBJ
jected to question about previous quar-
rels between the slayer and the slain
man. Mr.. Cathcart quoted authorities
10 show an exception TO the rule that
quarrels antecedent to a homicide could
not be introduced in defense. They were
TO the effect that where an overt act of
the victim was committed or attempted
subsequent to quarrels between him and |
the defendant on other occasions, evil |
dence of such quarrels was admissible to
show that the defendant had reason to
fear great bodily harm or danger to his
life. While the court was examining the
authorities, Mr.. Prosser withdrew the
objection.
The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1904-10-04
ST. ANDREWS
ANNUAL FAIR

The annual fair given by the Woman's
Guild of St Andrews will take place on
Saturday, October IS, from twelve until
six i'll the Cathedral grounds. Mrs. E.
ID. Tenney. assisted by our best local
charity workers, has the affair in charge,
and they are doing everything possible to
make the fair this year a success. 1t will
be an occasion that will interest the
young people as well as the older ones
Novel and up-to-date games will be fea-
will prove OF special interest to the
ladies'. One OF the most important fea-
lures will be the home made New Eng
land lunch served between twelve and
two. Every business man in the city
should make it point TO lunch at the
Cathedral grounds on this occasion as
this lunch will be well worth the price
charged and the cause is a worthy one
TO support.
The following ladies will have charge
of the lunch feature: Mrs. Noonan,
chairman; Mrs c. Crabbe, Mrs An
drew Fuller, Mrs Geo. Herbert, Mrs
Percy Benson. Mrs. Faxon Bishop, Mrs
Carl Holloway, Mrs, Walter Hoffman,
Mrs James Spencer. Mrs George Beck
ley, Mrs. a, u. Halves. Mrs. Avian
Clarke, Mrs. +, w Jordan, Miss Mar
garet Walker.
The menu comprise: Cold roast
chicken, duck, pork, ham; potato salad
and cold slaw baked pork and beans
Ia Boston, with brown bread, hot rolls
and sandwiches; olives, pickles, jellies;
coffee and doughnus.
The Ellis Quintette Club will furnish
music and many new musical numbers
will be introduced,
Lunch tickets including admission 10
the grounds will be Is cents Admission
tickets only 2s cents Tickets are on sale
az the Bergsuom Music Co.'s, Wall.
Nichols Co.'S, Hebron Drug Co.'S,
Mchman's iewelD store
The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1904-10-04
A PERIL OF HER SEX,
HOW A KENTUCKY WOMAN
MET A CRISIS IN
HER LIFE.
Adopts Resolute Course and ES-
capes from Troubles Which
Had Made Her Wretch
ed for Two Years.

The experience Of Mrs. d. c. We'd
ding, of Hartford, Kentucky, is OF value
to every woman. as it will point out
certain means OF escape from Distress
ing situation TO which time must inev-
itably bring her The most critical
period in the life OF woman is that at
tending the change or turn OF life. The
symptoms attending this period are
fainting spells or attacks OF faintness or
dizziness, headache, general debility, eX-
haustion, feeling OF melancholy, hys-
terra, pain in the loins or limbs, etc.
The change is a gradual one-for better
or worse; for the former il the patient
is wise enough to fortiiy the system
against the ravages OF the symptoms at
tending the change.
Concerning the difficulties which she
encountered at the change of life, Mrs.
Wedding says In the spring OF 1893,
when | reached the turn Of lie, was
seriously III and was confined to my bed
for six or eight months IN all during the
two years following, ! had chills, fever,
rheumatism My stomach seemed al
ways too iull, my kidneys did not act
freely, my liver was inactive, my heart
beat was very weak and had dizziness
or swimmin. IN my head and nervous
troubles. ! was under the treatment Of
several prominent physicians but they
an failed 90 do me any good
After SUFFERING fof tWo years
learned from an Arkansas friend about
the merits Of Dr. Williams Pink Pills
for Pale People and ! decided thar |
would lry them The very hrsf box |
took made me feel better and Whcn had
taken four boxes more ! vas .niifely
vol, weighed hilefR mounds m0fe Than
Ahen ] began, resumed my honfehDli
duties and hsYe Auife continued lp The
hefi ~ health ] base recommended Dr.
Williams p.nk pllls g. many peaple
en ihf haff ~ shat ihfY dld ~ me,
and J lfgl ihal ! cannot piaiaf them TOO
afnnF'y
lis n0nduiH blood inuIe p 4 pef.
ilc regulator ~ anmant flHfW Il
hanifhfH nufannrH hrldafhft dIfAs
nffs afnfHfn Z mnli ani ffffifs
faiflt through Fll ~ plis fnli.
Hfa.|af q lhf ffmllf ~ 4 n I'D
y sN ailst'li llu sll0i lhl fdt
The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1904-10-04
ALL ABOUT
THE COURTS
Lee Toma Resists Pay.
ment of a
Fee.

Harry ]. Johnston VS.. Lee Toma &
Co., Ltd, came up for trial before Judge
Robinson. l. Andrews and w. S. Elem
ing for plaintiff; r. w. Breckons and ].
G. Pratt for defendant The following
jury was found satisfactory as drawn
Patrick Ryan, Lewis c. King, Chas. p.
Osborne, Percy Lishman, James Arm
strong, H. c. Carter, ]. ]. Sullivan
Samuel Nowlein, Harry A. Wilder,
Hiram Kaaha, II. P. Benson and VIM.
+. Ewing.
1t is claim for $5o57.o2 with legal
interest from the date OF the filing of the
complaint and for costs. The claim is
based on services OF the plaintiff as GUS
tom house broker, acting in the name
OF Hind, Rolph & Co., Ltd, whereby the
defendant was saved SI7,S7I.oS in duties
on importations of Manila cigars. Mr..
Johnston made the protest against the
assessment OF the collector of customs 10
the Treasury Department in Washing
ton, which was sustained. In his COM
plant Mr.. Johnston says that the rea-
sonable value of his services accord
ing TO the standard of compensation in
similar cases prevailing in Honolulu,
Washington and New York. was and is
importer"
Plaintiff rested at 3 D. m. and the jury
was excused until 4 o'clock while Mr..
Breckons presented series of motions,
which he said would have a bearing on
the instructions OF the court to the jury.
'Were any dividends paid by Lee
Toma & Co. after the cigars were
passed." Mr.. Andrews asked this ques-
ton OF his last witness, but subject 10
objection Ii was objected TO by Mr..
Breckons and disallowed by the court.
The case was argued TO the Jury al
6:3o, when Judge Robinson excused the
jury until Monday az a. m, then 10
receive the charge OF the court
SMALLER BOND ORDERED,
On the motion for foreclosure Of
mortgage OF H. Hackicld & Co., Ltd
vs. W {. Achl and others Judge Rob
inson granted the motion to require SCI
cufiiy Tor payment Of interest. except
that the bond b a. Doe $1,000 instead uf
5000 The bond rs io be- filed within ten
days and the sale Is postponed from
October ~ o. November 49,
COURT NOTES.
Judge Gear appointed Funk r.
Thompson as guardian ad litrm iHr a'.
II ihs minor In lhs equity aml ol John
a. Cnmmlns Sc Jo'rph " laneb mus
Tee and oihfft Plaintiff has hled
laindtr ln dmWu as a. Garter hJ
himsei Dad tnffI nlhrf rpHHiUut
jelnily ahp bad daumRi 40 fhr fam
plant
a njaindff ln dfmuufr 3 hlfi VI ihe
eate ~ kaHlaha y a snd N n go.
ilfi lfusltf. 81 kap.aam liHf lft
? leallhafp kd 100 li#Hh IA
10 lfrH discontinued
ndW - iai HH ,sIi ~ esd Iap
fRlttldsf Aauaf} W.NH HNafali
fnif lf fHH tas iHHeI lf.Haff
~ lpfff h'ian lflffls5
The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1904-10-04
Coming ROYAL Visitor.

Local japanese will be happy to do
honor to Prince Fushimi, who is COM
ing here on his way to America. Both
as a member of the royal family of
Japan and as hero of the battle of
Nanshan, Prince Fushimi is one to
whom all japanese pay tributes of
honor and respect. We hope his stay
in Honolulu will be long enough for
him to see the loyalty and feel the
affection of the Japanese here.-Week-
ly Hawaii Shinpo.
The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1904-10-04
LESLIE WILL SAVE
BROKEN FINGER

Lieut. sam issslls NJ the Mounted
Police Nho broke ono ~ bis hnsefs
Nhlls behind ths hai for me ksmeha.
meha leam on Saturday 90 ihf league
Frapnas NH nol hafe 10 hais bic
huHfr ampuisifd as nas 80 arfi fsafad.
ms hHssl hsa ~ hadlg bfoksn ihai
ihs hanf rlslfpafi imoash 49, alfh
a. nas 60 hais some ~ : surgeon ,fsf
isf1al mafnlns ~ hess az sinpHailas
anhf hui y foHNa faaHaHailon ailffsa
fbia ~ ln.ae
The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1904-10-04
Blew Up House.

Lupini Gomez Was brought over from
Koolaulol yesterday ana locked up in
the Police station. he h. charged with
having on me lllh Of september at-
tempted ~ blow up tho hous, iu which
one llalao uud his wife Nere sleeping
Giant powder WsH used hul mllyi tu
kll uls Intended victims,
The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1904-10-04
ANmNr.IN-nIElM-. MANA0Ll

lfffNf ~ y NAlNhN ''iAf
Al Alhru I hiHHnrY manager A..
hrsaar hHslA iiHNluH Aeaa.launH
Cape tpAn Afu,a raYa DUNE m}
lup lH ihr IfanHfaHl ! nnilaHfi q
srfrf rsld Hnl am WWrei 40 stats
chen W fhHWiWlaiuf rpNsh HrWrl3
! found Wnmu Hl.I HNi Hnff nH
tiHH'tg q iH 4 ftH a83s Haa fnllfF
fif n iH. distressing HHlsnfHInU
~ Hie NJ Hli isaiff sUi ltHtsHH
FHIIh = ~ lii aFaMf ~
IaHHI
The Washington times., 1904-10-25
Supposed Mock Wedding
May Have Been VaLid
Mans Defense in AIimony Suit That Wife Was
Married Thirty-fVe Years Ago at
a Church Social

time. There had been no annulmenr or
petition for anuuIrIeut OF the marriage
60 his knowledge.
While Searle declared the mock mar
riage was legal in his opinion. he admit
ted his inability 20 identity Mrs. Beuuer
positively as the woman ne testified ne
married in 1853. when she was only thir-
teen years old
Marriage Annulled.
Mrs BeuneT's counsel entered a gen
eraI denial, Offering testimony 10 show
that the ceremony which he alleged
Mrs. Beuuer supposed was a mock mar
riage was anuuIled prior 10 her mar
riage to- BeuHer twenty-five Years ago.
Judge T. e. Maynard viii render a de-
cisiou today. If the alleged mock mar
riage is held by the court 20 bee valid
Mrs. Beuuer's action for divorce viii be
stricken from the trial list; otherwise
the court viii hear Mrs. Beuner's suit.
which, it is said. viii be productive of
testimony scarcely less interesting.
The Washington times., 1904-10-25
MRS. WALTER PARROT
Is DEAD IN ENGLAND

NEW YORK, Oct Gable messages
have been received in this CITY auuoluc-
ing the death OF Mrs. Walter Parrot
formerly Miss Annie Howard. daugh-
ter of the late Charles T. Howard
founder or the Louisiana lottery al
New Orleans az her country place. at
ID uuseftot4r near oxford, England
acute diabetes was the cause of DEAN
Mrs PARROT was born ia 1864 and edu-
Gated I'm the Sylvester Larued Iustifrra
lu New Orleans She inherited "a laFga
Ior-uue from her father, and used uueh
OF III IA charitable work ia New Orleans
among TIE institutions endowed bv Har
was the Howard Memorial Library ID
New Orleans. She was engaged 10 be
married 20 the elder Garter Harrison
mayor OF Chicago. az the time He was
sssaEsiuated iu 1893
After Mr. Harlsou'5 death Mrs Par
rott traN eled extensively, and while iu
Europe met Mr.. PARROT She was pre-
scented az court two years ago by Ear
ouess Eluloss, daughter of the Duke ot
Buckingham. Her husband has large
estates ia England and Scotland.
The Washington times., 1904-10-25
- TEE HOWE us PROBLEMY IND rs LWTERESTy
SLOVENLY FOOTWEAR
Spells the Most Elaborate Costums
Even on a Rainy Day.

Women pay too little attention to their
footwear Far too often We see a Well-
dressed woman, wearing shoes which
are too shabby and old for home let
alone wearing them in public. And what
q setback iL is 90 a costumel The hand
soonest tailor suit that was ever made
will be spoiled by a pair OF shabby
shoes. The short skirt has done much
toward showing This eVll. and It is 20
be hoped that the continued use Of the
walking skirt viii do much toward RENE
edying It. Doesn't IT. seem odd that with
the long gowns which milady wears 20
evening gatherings, those which almost
have to be held up in front and which
give no glimpse Of the feet, she is most
particular TO put on the pretty patent
leather shoes. while with the walking
costume. which shows her feet WITH
every step, she considers the old ones
good enough"
and then on a rainy day what sights
meet the eye-th0ze wet. sloppy days
when even the walking skirt has 10 be
held up, are the ones when miladT
chooses TO wear her oldest shoes. True,
il is unpleasant to get ones best shoes
wet and muddy, but on the other hand
il Is obviously the time when the shoes
viii be most seen. Why not nave
heavy pair OF SHOES L8t l---- sun
weather? The kind which water ana
mud win not hurt, and which after the
shower, may be poIished2 The wet and
mud IS pardonable at the time the shoes
are worn, but is not pardonable on a dry
day.
Men do not wear muddy boots; nor DO
they often wear those which look shabby
for need Of a good polish. Why need
women do so2 There are plenty Of places
where a woman may get her shoes pol
ished. Il she is unable to have It done
at home.
But what more sl0Veniy sight IS there
than the rear view Of a woman with
turnover heels2 And the looks are not
all either. They are so uncomIorLaDI BE
and they make one even walk one-sided.
We cannot all OF US auoru 70 LLtdsa
aside the shoes which appear "a 4ILt@
rusty And there are many who dislike
new shoes so much that they cling 20
the old ones so long as there IS any thing
70 cling 90. but III you are one OK those
do take care Of the old ones. keep them
looking neat at least. and when you
go downtown in a short skirt wear SHOES
which viii do YOU credit and which VIII
add TO your costume not spoil the #hole
effect.
Lacings are one Of the trifies which
make OF spoil the effect OF shoes. Ola
Iaciugs win make good shoes and give
them q really natry appearance. New
laciugs and @ little backing VIII make
most shoes preseutables and Tor others q
! bit Of cObbler's Work VIII make the
change.