davidaulloa/AmericanStories huggingface dataset:
The Hawaiian gazette., 1905-08-11
JUDGE SAYS
H|LO LIED

Judge De Bolt yesterday filed de-
cision for plaintiff in the case Of Tune
Yau VS.. w. o. Smith, executor of the
will of w. l.. Wilcox, deceased. 1t was
an action brought to recover the sum
of s255. the value of quantity Of taro
taken by Wilcox from land occupied
and cultivated by Tung Yau, plaintiff,
under an agreement between Hilo, In
behalf of Queen Liliuokalani, and Aka
niau (Chinaman) alias Tung Yau.
whereby the latter gave a certain strip
of land in Manoa valley for three
years, during which he should receive
all the profits obtained on the land.
Then he was to continue to work the
land for twelve years on the halves
one-half of the income for Hilo by
Queen Liliuokalani and the other half
for Akaniau.
1T is to be well known" the instru-
! ment proceeded, "by this that Hilo (w)
cannot after the three years granted to
| Akaniau make lease of said place
to another party, but she shall in
writing confirm for twelve years. to
Akaniau by way of half share of the
receipts"
Judge De Bolt says: Counsel have
raised and argued a number of ques-
tions, but, as the matter appears to me.
the only questions to be determined in
/ disposing of the case are whether the
| In FIRM al fa 4
| whether Hilo or Liliuokalani was the
lessor. In my opinion the instrument
is a lease and Liliuokalani was the
lessor. This is the construction placed
upon 1t by all the parties concerned
from the time of its execution down to
the time the taro was taken. 1t would
seem to be contrary to justice and fair
! dealing, after long lapse of time, to
' permit one in the position Hilo occu-
! pied, or one in privity with her, to
make the contention now advanced on
+, behalf of the estate"
I After quoting authorities on the doc
| trine of estoppel as applied to Hilo,
and showing that neither Liliuokalani
nor anyone on her behalf had raised
the question of agency, the court
makes itself understood as only hold
ing that Hilo, having assumed to act
as agent, and those in privity with
her are now estopped to deny it. Au-
thorities are cited to show that the
! instrument is the lease of Liliuokalani
and the court thus concludes:
Hence, it appears clear to my mind
that plaintiff was the tenant of Liliu-
J okalani and the owner of the taro in
question. Regarding the testimony OF
the witnesses l am obliged to say that
the testimony of Hilo, to my mind, is
totally unworthy of credence. while
plaintiff appeared to be truthful.
II therefore find that the plaintiff
Is entitled to judgment in the sum OF
$225 with legal interest thereon from
the 2Sth day of April, 1901, to date
together with costs. Judgment may
enter accordingly"
Castle G. Wilmington appeared for
plaintiff, and Smith & Lewis for de-
| fendant.
The Hawaiian gazette., 1905-08-11

The President of the United States
Of America. Greeting:
To ELIZABETH sCHAEFER. wife
OF FRIEDRICH SCHAEFER; FRED
RICH SCHAEFER, husband of said
ELIZABETH SCHAEFER; FRANCIS
SPENCER: PUNIAI; HILAUEA; XII
MO PHI (sometimes called JAMES
PID; KAMALIE; HAIHEHENA; ME-
LIE; HAIYAMA (sometimes called HA-
LLAMA and sometimes called HILA-
MAJ; ALAPAA; MIRIAM PURPLE,
HENRY RED, JANE GREEN. HOR-
ACE BLACK and GEORGE WHITE.
unknown heirs at law of KAHIKAE-
LIE. Deceased; PETER BLUE. KATH-
ERNIE YELLOW, HENRY BROWN,
LYDIA SCARLET and JOHN vIO-
LET. unnown heirs at law of KAMA
LIE, Deceased: and JAMES NIIHAU,
THOMAS kauai, WILLIAM OAHU.
JOHN LAHAINA, and HORACE HA-
wAII. unknown heirs at law Of KA-
EINA, Deceased, Defendants and Re-.
spondants.,
You are hereby directed to appear,
and answer the petition in an action
entitled as above, brought against
you in the District Court of the United
States, in and for the Territory of Ha-
wall, within twenty days from and
after service upon you of a certified
copy of the plaintiffs petition herein
together with certified copy of this
summons
And you are hereby notified that un-
less you appear and answer as above
required, the said plaintiff will apply
to the court for the relief demanded
in the petition herein. -,
. WITNESS the Honorable San
ford B.. Dole, Judge of said
District Court. this 10th day
of February in the year OF
(SeaD our Lord one thousand nine
hundred and five, and of the
independence of the United
States the one hundred and
twenty-ninth.
WALTER B. MAILING,
Clerk.
A true copy, attest:
(SeaD w. B. MAILING,
2701 Clerk.
The Hawaiian gazette., 1905-08-11
NOTICE TO CREDITORS,

All persons who have claims against
the Estate of Chas. Allen, deceased of
Waimea S. Kohala Hawaii notice is
hereby given that their claims must be
presented to the undersigned within six
months from the date of the notice
published in the Nupepa Kuokoa and
the Hawaiian Gazette, both newspapers
published in Honolulu, or else, they
will be forever barred.
Dated waimea, Hawaii, Aug. 4, 1905.
]. KAAPUNI,
Administrator of the Estate of Chas.
Allen.
Aug. IL, IS, %; Sept. 1.
The Hawaiian gazette., 1905-08-11

Oficial notice that the Canadian.
Australian line of mail steamers Will
be continued for another year has been
received at Washington. ID. C. The
company threatened to go out of busi-
ness II the mail subsidy offered by
Canada and Australia was moi in
creased. 1t being claimed that the ex-
listing subsidy was not sufficient to pay
for the mail service rendered Canada
raised the subsidy $4,000 and the
Colonies added their share. and the
service wili' continue for at least
another year. ~
The Hawaiian gazette., 1905-08-11
sHIPPINo INTELLIGENCE
ARRIVED.
Tuesday, Aui

Am. blk Nuuanu. Josslyn, from New
York, a. IN.
Am. blk. James Nesmith, Warner.
from Newcastle. lO:30 a. m.
Br. blk. Lord Templetown, slade. from
Newcastle, 1880 a. m.
p. NJ s. s. Mongolia, Porter, from
Yokohama and the Orient, 10 a. m.
o. & o. s. S. Coptic. Finch. from San
Francisco. 3:45 D. m.
Wednesday, August ..
stmr. Mikahala. Gregory. from Kauai
ports. a. m.
Stmr. Niihau, w. Thompson, from
Kaanapali, $3.50 a. m.
Thursday. August 10.
Stmr. Maui, Parker, from Maui ports,
s a. m.
Sc Lavinia, Weisbarth, from Laysan
Island. $3.50 p. m.
DEPARTED.
P. NJ. S. s. Mongolia, Porter, for San
Francisco. 9 .. m.
Stmr. Kinau, Freeman, for Hilo and
way ports, IL M
Stmr. Likellke, Naopala, for Maui
and Molokai ports, 12 m.
stmr. w. @. Hall, s. Thompson, fol
Kauai ports, p. m.
Stmr. Noeau, Peterson, for Hawaii
ports, p. m.
o. S. S. Alameda, Dowdell, for San
Francisco, 10 a. m.
o. e. o. S. S. Coptic, Finch, for the
Orient. ~ m.
Am. blk. Gerard C. Tobey, Scott, fol
San Francisco, 2 p. m.
Sc. Ka Moi for Paauilo. Kohalalele
and Honoipu. p. m.
Stmr. Niihau, Thompson, for Kaua
ports, 4 p m,
stmr. Kauai, Bruhn. for Hawai-
ports, p. m.
SHIPPING NOTES.
The steamer Maui Captain Parker
arrived from Maui ports and Hilo at
s a. m. yesterday with fair passenger
list.
The schooner w. II. Marston begaI
discharging sugar at the Oceanic docl
yesterday morning. As soon as all tn,
sugar is out she will go on the marine
railway and have the leak repaired.
Stmr. Mikahala, Gregory, for Kaua
ports, 8 p. m.
DUE TODAY.
Stmr. Mauna Loa, Simerson, from
Kau, Kona and Maui ports, a. m.
SAIL TODAY.
Stmr. Maui, Parker, for Maui ports
D. m.
DUE TOMORROW.
U. s. A. II. Sherman, Bruguerre, from
! San Francisco, due.
| Stmr. Kinau, Freeman, from Hill,
| and way ports, a. m.
Stmr. Likelike, Naopala, from Mau
and Molokai ports, due.
VESSELS IN PORT.
ARMY AND NAVY.
U. s. 8. Iroquois, Niblack, Pearl Har
| Dor. July l.
MERCHANT VESSELS.
Andrew Welch. Am. bk.. Drew, Sai
Francisco, August 8.
Carradale. Br. sp.. Gill. Newcastle. Jul!
| II.
James Nesmith. Am. bk., Warner
| Newcastle, August s.
Lord Templetown, Br. bk., Slade, New
castle. August s.
Marie Hackfeld, Ger. sp.. CRUDE. Ham
| burg, August z.
Morning Star. Am. SIS. Garland. GIL
bert Is, July 15.
Nuuanu. Am. blk. Josslyn, New York
August 8.
Restorer. Br. cable s.s.. Combe, Mid,
way l., April a.
w. H. Marston, Am. Sc, Cove, from
sea Tin distrSss). August 8.
The Hawaiian gazette., 1905-08-11
COURT NOTICES
IN THE DISTRICT COURT OF THE
UNITED STATES FOR THE
TERRITORY OF HAWAII.

The United States OF America, Plain
tiff & Petitioner, vs. Elizabeth
schaefer, et ais Defendants q
Respondents. Action brought IN
said District Court, and the Clerk
OF said District Court, in Honolulu.
The Hawaiian gazette., 1905-08-11
ueo.cs.11.o.o.ooOoo0oNoDO0

Applications for civil Service exami-
nations win be received at this office
during the next thirty days for estab-
fishing registers of eligibIes from
which appointments of keepers and as
sistant keepers of lighthouses will be
made in the Hawaiian Division of the
Twelfth Lighthouse District. Appli-
cants must be citizens OF the United
States. over eighteen and under nifty
years sof age.
Blank forms can be obtained upon
application TO this ONCE.
A. p. NIBLACK.
Lieutenant-C Commander. u. S. Navy;
Chairman Local Civil Service Board
for the Lighthouse Service Qnspec-
tors Department..
The Hawaiian gazette., 1905-08-11

Per s. S. Coptic. August Q, for the
orient-Mr. otsuki, George Unwin, ].
II. Langtry.
The Hawaiian gazette., 1905-08-11
Bank OF Hawaii
LIMITED.
LIMITED.

Incorporated Under the Laws OF the
Territory OF Hawaii.
The Hawaiian gazette., 1905-08-11
MOVE FOR RESTORATION
OF HE|AU OF KUPOPOLO
THE GORGE OF WAIMEA

grown up and the little chap meet o
a common level. but 1t is true.
The Hawaiian gazette., 1905-08-11
OFFICERS:

JUDD BUILDING. FORT STREET
The Hawaiian gazette., 1905-08-11
ALL MEET AS EQUALS.

Still on and on sped the tram, and
presently the cliffs fell back for the
land of Waialua and, with sugar
mill in the background. there appeared
the little white targets that mark the
holes of the Haleiwa golf course. The
train rushed by the depot at waialua,
to the amazed wonder of lot of little
Japs and Chinese and native children,
and the evident amusement of couple
OF very bright looking small haole boys.
who waved their hands and smiled at
us. on the observation platform of the
special.
Some OF your caddies?" 1 said TO
Mr.. Boyd. Nai
mot at all. One of those boys plays
very good game OF golf" replied the
Secretary Of the Promotion COMMITTEES
in tone OF grave respect. II
l don't know that anybody has ever
said that in the love OF a sport the
Pierre weekly free press. (Pierre, S.D.) 1889-19??, 1905-05-18
TRANSFERS JOINT COUNCIL TO
CONSIDER ADVICE OF TEAM
OWNERS.
BACKS UP THE EMPLOYERS
ILLINOIS MANUFACTURER VOTE
TO UPHOLD employers in
THEIR FIGHT.

Chicago, May IA. - Three severe
blows we're delivered to the cause of
the striking teamsters last night, and
as a result the governing body of the
organization, the teamsters joint
council, will tonight meet to decide
whether or not the strike shall be
called off. The decision to call this
meeting of the council followed a two
hours session between tie officials of
the Transfers union and the team
owners association. The members of
the latter body have all through the
present strike been favorable to the
transfers rather than TO the employ
ers' association. Last night however,
the team owners bluntly informed the
teamsters that their cause was lost
and that the best thing that they
could do was to
Call Off the Strike,
and do it at once. The teamsters de-
murred but the team owners, who
have been their chief reliance since
the commencement of the fight, were
obdurate. and the meeting of the
council was set for tonight.
The second blow also came from the
team owners association when the
resignation of John +. Driscoll, it's
secretary, was rendered an daccepted.
Secretary Driscoll has been an officer
of the team owners association since
its. inception several years ago. and
during the present strike has been
potent factor on the side of the team
sters. There was much dissatisfac-
ton among members of the associa-
ton with certain actions of Secretary
Driscoll in connection with the strike.
The exact nature of the difficulty that
led to his resignation is not known.
The third blow was administered at
the meeting of the Illinois Manufac-
turers' association, which is made up
of business men from all parts of the
state. At
Secret Meeting
held last night at the Auditorium no.
tel tn members of the association
unanimously decided that they would
uphold the cause Of the employers as
ISOLATION, which has been conducting
the fight against the striking team
sters, and that they would do all in
their power to make the employers
association a permanent institution.
The proceedings at the meeting were
conducted with all possible secrecy,
even the walters being excluded from
the room, for fear they might divulge
what transpires. Speeches were made
by several members of the associa-
ton, pointing out that it was the duty
of the association to stand by the en-
ployers' association, and when the
final vote was taken not dissenting
voice was raised
Pierre weekly free press. (Pierre, S.D.) 1889-19??, 1905-05-18
In the capital.

John A. Bcothy, the Oklahoma cow
boy who made wolf-catching record
with President Roosevelt in the III
dian pasture reserve, has been ap-
pointed by the president deputy Unit
ed States marshal for Oklahoma.
Consul Hays of Iowa, who recently
was appointed by President Roosevelt
as representative of the United States
at Puerto Plata, Santo Domingo, will
not be given that post. Hays is ne
gro, and the state department has de-
cided, in order not to cause offense to
the Dominican people, it would be bet
ter to assign white man to the Do
minican port.
In the case of Ju Toy, the supreme
court of the United States holds that
the decision of the secretary of the
department of commerce and labor is
final in Chinese exclusion cases. Ju
is the son of Chinese parents but
claims to nave been born in the Unit
ed States. His exclusion was ordered
after temporary visit 10 China, and
he took the case to the federal courts.
Pierre weekly free press. (Pierre, S.D.) 1889-19??, 1905-05-18
OF the Week
Accidental Happenings.

The Arkansas, an ocean passenger
| steamer, was sunk in collision with
| barge near Pollock Rip 1ightship,
Mass. One woman passenger was
| lost.
Eight Cornell students had mar
row escape from drowning on Cayuga
lake. They were sailing close-reefed
in thirty-mile wind when their boat
capsi2ed in the middle Of the lake.
Spreading rails caused the wreck of
Galveston, Houston & Northern pas
senger train at Houston, Tex. En-
gineer Cox was burned to death, Fire
man Conway is missing and many pas
sengers were injured
Professors Won Glanvile and Pet
ritsch of Graz university, and an Off
cial named Stopper were killed by an
avalanche while they were climbing
the Foetzstein, in the Hochschnab
group of the Syrian Alps.
Lighting a match while at play, the
five-yearold daughter of Fred knight
Of Marquette, Mich, set her dress
afire, sustaining burns which caused
her death few hours later. The
mother was badly burned
The British steamer Pillar del Arri-
gina, from Galveston for Manchester,
passed Kinsdale and signaled that her
cargo was afire. The fire was under
control, however, and steam was be-
ing injected into the hold.
The worst forest fires ever known
in the vicinity of Plymouth, Mass, are
now raging. Residents of Plymouth,
Warner, Plympton and Kingston have
been fighting the flames for several
days. The line of fire is estimated to
be from seven to nine miles long.
Pierre weekly free press. (Pierre, S.D.) 1889-19??, 1905-05-18
Crimes and Criminals.

Safe blowers secured $1,000 in cash
and nearly $4,000 worth of merchan-
disc at store at Alexandria, KY.
The motion to quash the bench war
rant against August Machen to bring
him to trail in the Machen-C Crawford
Lorenz conspiracy case was puashed
at Washington.
Henry G. Coll, the former assistant
cashier of the First National bank of
Milwaukee charged with embezzling
over 100000 from the bank, has been
admitted to bail in the sum of $4,000.
Norton F. Frank, said to be a de-
serter from the cruiser Galveston, on
which he was petty officer, was
found dead in the street at San Fran
cisco. The police think it case Of
suicide.
As a result of a quarrel in a saloon
in Chicago with negro, supposed to
be strike breaker, John and Richard
Fruen, brothers, are in a hospital, dy-
ing from terrible cuts in their abdo-
mems.
Herbert II. Metzger was hanged at
White Sulphur Springs Mont, for the
murder of Homer Ward last Thanks
giving day. The body of Ward was
found burne din cabin, with a bull
let wound in the head.
Judge James Hargis, whose trial
for the murder of James Cockrill re-
suited in hung jury at Lexington,
KY, was granted bail by Circuit Judge
Parker in the sum of $4,000 and re-
leased.
G. B. Andrews, representative from
Nevada county in the Arkansas gener-
al assembly, and editor of the Pres
colt Picayune, is in the Pulaski coun-
ty jail on the charge of having re-
ceiyed bride and of Offering a bride
in connection with legislation.
Pierre weekly free press. (Pierre, S.D.) 1889-19??, 1905-05-18
SNYDER PEOPLE IN PANIC.
Cloud Of cycIonic Hue Passes Over
Devastated VILLAGE.


Devastated Village.
SNYDER. Okla. May 14.-Snyder is
still paralyzed A cloud Of cyclonic
hue passed over the devastated vii
lage yesterday following the course of
the former one Wednesday. This
cloud threw the stricken people in a
panic, but nothing except deluge' &C.
companied its passing. Snyder is To-
Gated in a basin formed by the foot
hills of the Wichita mountains. The
drainage is exceedingly poor and
water is standing in large pools all
over the town. Excessive rains have
made the country roads almost i'm
paSsable. and as a consequence the
relief parties sent to the country dis
tricts have not yet fully reported the
results of the investigation. The re-
lief committee is thoroughly organized
and is working under an admirable
system.
Pierre weekly free press. (Pierre, S.D.) 1889-19??, 1905-05-18
From Other Lands.

"A congress of women will be held at
Moscow in a fortnight to demand suf-
frage in considering reforms.
Prof. Emil Stengel, husband and
teacher of Marcella Sembrich, the
singer, is dead in Berlin as the result
of an operation.
The profits of the japanese govern
ment railroads for the fiscal year were
$5,750,000, exceeding the estimates by
about $1,00o,o00.
A riot took place in the great court
of the royal palace at Madrid during
the intercentennial celebration uf the
anniversary Of the publication of "Don
Quixote."
1t Is reported from Szatmar, Hun
gary, that rowboat containing IA
peasants was capsized while crossing
& the river with the result that II wonl-
en- We're drowned.
There is marked activity in the vol
eano Of Kilauea in Hawaii. The flow
of lava Is increasing, and rising tenn
perature gives indications that there
may be an overflow.
A force of Herrer6s on April 81 fell
upon a German column in German
Southwest Africa, and in lively fight
which followed sixteen Germans were
killed or wounded
The Birmingham (Eng.) Post states
that It has authority for saying that
the proposals made by a syndicate OF
German bankers to certain American
fnanciers to participate in a new Rus
sian loan Of s5o,Oo0,O0o has been re-
jected.
~ Reports from the Island Of Crete
represent the situation there as ex-
tremely grave. Prince George, rep
resenting the powers, Is unable tD con-
r troll events. and tits feared that the
insurgents will attack the information
e troops. h 4
According to reports, King Peter of
Seryia Is anxious to undertake the
task Of preserving peace in the Bal
kans. It is said the king plans q visit
to Constantinople in June to interview
tho sultan on a plan OF cooperation to
suppress disorders.
The recent earth quake was felt over
a wide area Of country ia Central and
Southern Mexico. IN the state Of Pa
| lisco naany houses were damaged and
the dome OF the church la one town
collapsed. The shock was severe. also,
Pierre weekly free press. (Pierre, S.D.) 1889-19??, 1905-05-18
MURDERER DEFlEs POSSE.
Ralph Smith Is Surrounded in a Cabin
But Posse Cant Get Him.

Ralph Sr1ifh is Surrounded in Cabin
But Posse Can't Get Him.
Casper, Wyo., May 14.-After hav-
ing been routed from one cabin to
which the torch had been applied,
Ralph Smith, the alleged desperate, is
holding at bay a posse Of forty armed
men. Smith is accused Of forgery and
resisting arrest at a strengthening
camp near Walton canyon. He woun-
ded a deputy sheriff, and, with his sec
ond shot killed Guy Henderson, by
stander. The sheep shearers formed
a posse, but Smith took refuge in a
log cabin, into which 500 shots were
fired. From this cabin Smith escaped
and took refuge in another cabin.
where he now is. This town sent
twenty men, VINO, with the sheep,
shearers, brought the number up to
forty. The Casper sheriff has been
unable to dislodge Smith. Sheriff
Slough of Lander has started with an
other posse A ranchman with num-
Der of cowboys will try to head off the
fugitive if he leaves the cabin. Smith
is from the Big Horn country, where
he was accused of killing his father a
few years ago.
Pierre weekly free press. (Pierre, S.D.) 1889-19??, 1905-05-18
GREAT CROWDS CHEER FLoRo.
DORA GIRL AS SHE STEPS
TO LIBERTY.
RECORDER GIVES HIS ADVICE
TO LET HER FUTURE BE GUIDED
BY REMEMBRANCE OF HER
ORDEAL.

New York, May Ia. - After more
than eleven months in prison and
three mistrials on the charge of muir
Gering Caesar Young, Nan Patterson
walked from the Tombs yesterday a
free women. AS she left the great
building which has been her home
since few days after Young was
found dying in cab in lower New
York, 1000 people greeted her with
cheers, for the news that District At
torney Jerome would move for her
dismissal from custody had spread
throughout the vicinity of the court
house. But the accused girl had but a.
few seconds to see and hear the
demonstration before she was whisked
away in a cab with her attorney, Abra-
ham Levy.
Not the least interesting of the
days events end perhaps the great
dramatic climax of the troubles of the
former Florodora girl was the
Reunion in Freedom
with her sister, Mrs. J. Morgan Smith.
and her brother-in-law, j. Morgan
Smith, both of whom were discharged
by Justice Cowing in the court OF
general sessions after being held ON
charges of conspiracy il connection
with the Patterson case.
District Attorney Jerome announced
his decision to free Nan Patterson in
a speech in the course of which he de-
clared that during two Of the trials OF
the girl all the evidence in the pos
session Of the district attorneys Of
fee had been presented to the court
and that in both cases there had been
a disagreement. He said he did not
believe that at this time, Gin this
county another trial would result liz
anything else than a disagreement.
He concluded with the motion that
Nan Patterson be discharged on her
own recOgniZance.
Nan Is Discharged.
Nan Patterson" said Recorder
Golf slowly, 'the district attorney has.
seen fit to recommend your discharge
l feel bound to say fully coincide in
the decision. There is nothing can
say in this case that has not already
been said, but let me entreat you in
your future life to remember the ter
rible ordeal through which you have
passed, and to permit every action of
your life to be guided by that remem-
brance. Goodbye" and the recorder
bowed his head as he uttered the final
word and closed the case.
A moment later the girl was shaE-
ing hands with her counsel. Then she
walked steadily from the court to find
herself in the arms of her father just
outside the door.
"Th7nk God" Says Father.
Thank God, my daughter" was her
fathers exclamation. The crowds in
the corridor cheered and the police let
them have their way.
AS she reached the street the dem
onstration was taken up by throng
outside. Hurrying through the CROWD
she took her place in a cab, smiling
and nodding to the friendly greetings
AS the cab started down town to the
Office OF her counsel mounted police
surrounded it and kept back the in.
'creasing crowd which was threatening
one of the most remarkable demon
STATIONS ever seen at the Tombs.
Miss Patterson took a late train
last night for Washington, where her
mother lives.