davidaulloa/AmericanStories huggingface dataset:
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1905-08-11
JUDGE SAYS
H|LO LIED
De Bolt Decides Against
W. /. Wilcox's
Estate.

Judge De Bolt yesterday filed a 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 $255, the value of a 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
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.
cit is to be well known the instru-
ment proceeded, by this that Hilo (w)
cannot after the three years granted to
Akaniau make a 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
instrument quoted is lease and
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 it 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 a 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
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
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-
okalani and the owner of the taro in
question. Regarding the testimony of
the witnesses I am obliged to say that
the testimony of Hilo, to my mind, is
totally unworthy of credence, while
plaintiff appeared to be truthful
Il therefore find that the plaintiff
is entitled to judgment in the sum of
1925 with legal interest thereon from
the 18th day of April, 1901, to date,
together with costs. Judgment may
enter accordingly
Castle & Wilmington appeared for
plaintiff, and Smith & Lewis for de-
PENDANT.
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1905-08-11
MINORS LAND
SALE CONFIRMED

Judge Robinson confirmed the sale OF
real estate made by J. Lightfoot, guard
ian of Samuel Wilder King, minor, al
lowing guardian s fee of $35 and an
attorneys fee of $50. The property
consisted OF one-eighteenth interest
in lands at kailua, Oahu, aggregating
144.49 acres, together with a piece area
not given and kuleana shares of the
minor in all of the lands in question.
Fisher, Ables Co. conducted the sale
at auction, c. Bolte, being the purchas-
er for 500. AS equal interests in the
lands had recently been sold by a
brother of the minor for $3.50, the court
was well satisfied that the price OBJ
tanned was not disproportionate to the
value of the property.
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1905-08-11
LIEN SERVED
ON zoo BUILDING

Elmira johnson has given notice Of
lien against A. V. Gear for" $445 for
work and labor done and materials
furnished upon a one-story building to-
gether with defendant s interest in the
ground upon which it is situate within
the enclosure known as Kaimuki Zoo,
which mouse is advertised, or exhibited
and used, as the Hawaiian Village.
Registrar W. L. Howard, with the
approval of Judge z. L. Weaver, has
appointed J. F. Brown assistant civil
engineer and surveyor for land regis
tration.
1t is stipulated in Ahana ct al. VS..
Wa Fat ct al. that the hearing on the
referee s report. will be heard by Judge
Robinson at 10 clock next Tuesday
Judge De Bolt granted the petition to
sell real estate of the late w. III. Corn
well.
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1905-08-11
Castle & Cooke, Ltd.
HONOLULU.
COMMISSION MERCHANT
SUGAR FACTORS.

AGENTS FOR
The Eva Plantation Co. ]
The Waialua Agricultural c., "a
The Kohala Sugar CO.
The Waimea Sugar Mil Co.
The Fulton Iron Works, st. LeaA
The Standard Oil Co.
The George F. Blake Steam Puma
Weston's Centrifugals.
The New England Mutual Life Insaa,
ance Co.. Of Boston.
The Aetna Insurance Co., u IasA
ford, Conn.
The Alliance Assurance Co., sf 10.
don.
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1905-08-11
IS
COMMIT TED
Official Evidence Of Ills
Sureties Is Dis.
covered.

Official evidence has been discovered
Of the sureties on the bond of P. Dan
son Kellett Jr., as trustee Of the Barete
estates. It corroborates the newspaper
item that gave the names of P. D.
Kellett Sr. and A. G. M. Robertson as
the sureties. Henry Smith, chief clerk
of the Judiciary made the discovery
yesterday, when he found in the fire.
proof vault record book Of sureties
on bonds. In this the Barete trustee s
bond was duly entered.
Judge Robinson yesterday at noon
bound Kellett over to appear before
the grand jury on the first charge
against him for embezzlement from the
Barete estate funds, the amount alleg-
ed to have been embezzled in this case
being $834.4O. His bond was fixed at
$500 and he was released on his own
recognizance until 2 p. m, Judge Robin.
son taking into consideration the facts
that Kellett was heavily bound under
two other charges and that no steamer
was leaving port in the intervening
two hours. The bond was furnished
within the time, S. G. Dwight and p.
D. Kellett Sr. being the sureties.
At the closing of the prosecution IS
case yesterday morning, County Attor-
ney Douthitt called Mrs. Barete, widow
of Manuel A. Barete, who gave evil
dence similar to that of the adult chill
dren, viz, that no objection was made
by the heirs to Keliett's appointment
as trustee and that they never authoriz-
ed him to convert any funds of the
estate to his own use.
Sheriff A. NJ. Brown was also called,
testify1ng to Kellett s voluntary admis-
sions while detained for investigation
new brought out IN his evidence was
that the speculation Kellet said had
caused his trouble was in opium deals
that failed.
J. Lightfoot argued long against CON-
initial, contending that no lawful de-
mand had been made on Kellett for the
missing funds, that there was nobody
not even the CONGRATULATED to make
such a demand and that nothing in
the books justified the employment OF
criminal proceedings to compel a fdu-
ciary agent to account for trust funds.
Every now and then J. A. Magoon
would take a word out of his associate IS
mouth and carry on the argument HIM
self for a while. All through the hear
ing the defendant g counsel made every
technical objection possible to the line
of examination, while refusing to make
the slightest concession for the saving
Of time or anything else.
Yet notwithstanding the strenuous
defense, Judge Robinson disposed of it
ali in two or three sentences. The only
question in his mind was regarding the
scope of the statute. As to the claim
of Kellett's legal title in the funds,
the court held that it was merely an
official and not personal title. In
other words, the funds were held solely
in trust for the benefciaries of the es,
tate, and Kellett's alleged defalcatlon
therein the court held came within the
provisions of the statute of embezzle-
ment.
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1905-08-11
fRATERNAL MEETINGS.

Meet. everv first and third FRIDAY
~ the month at 1880 p. m.' III ooo
yailows' Hall. Fort Street.
Visiting brothers cordially invited 70
notsHA.
F. M. McGREW. C.P.
L. L. LA PIERRE, SCRIBE.
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1905-08-11

SfNekeepeIs! a0ISekeepeIs
Attention!
Pcs. Gancards,
Granitetees.
Wolfe Duchesse.
" Barnsley Duck,
Silk c.. Saline,
Oxford Suitings,
Berlin Fine Satines,
Saxon Percales.
PiQue, 1
Fannelletes,
White Dress Goods,
Colored PiQues,
Lodi Shirtings.
Central Park Shirtings.
American Blue Prints,
Madenes,
Turkey Red.
&c Swiss Dress Goods,
Organizes,
Swiss Fancy Silk,
Lena Applique.
La Belle Batistes,
Valmori Batistes,
Yezo Crepe.
Tailor Goods.
Hamilton Blue Prints,
Royal Blue.
Merrimack Purple.
Victory Cloth.
Siam Cloth.
Goralda Print,
Huron Percales.
Elberon Blue Prints.
Birdseye Cloth,
India Muslin.
Hamilton Twill.
Bear Mill Pique, ~
Madras Shifting,
Chambrays.
POale TwilIs.
Ariel Lions.
Organize.
F. B. Stripe D Goods,
Melusine Dress Goods,
Meltonia Batistes,
>" Persian Dimity,
Louisiana Satines,
Black Cashmere.
Silkaline stripe.
Corset Covers, Infants Slips,
Chantilly Lace, Silk Guipure Lace,
Cache Corsets, Children's Dresses,
Dress Shirts.
French Balbriggan Hose,
Striped Balbriggan Pants,
Striped Balbuggan Pants,
Ladies Lisle Ribbed Vests.
Wollen Shawls, Ecru Scrim.
Ribbons, all shades and colors;
Ladies' Hose,
Colgates Soaps, in boxes;
Hermsdorf Black Hose,
Childs' Cotton Hose,
Parasols, Umbrellas,
Alarm Clocks, Table Cloths.
$50 Gross Buttons. various kinds:
Insertion. Embroidery,
ScriVens Patent Drawers.
Swiss Dress Muslin,
Corset Waists,
Ferris Good Sense Waists,
r. & G. Corsets, Equipoise Waists,
Etc, Etc.
las r MORGAN
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1905-08-11
WILLIAM M'KINLEY
LODGE,
NO. 8, X. of p.

Meets every SATURDAY evening at
s:ss D. M, in Harmony Hall. Kins
erect.
Visiting brothers cordially invited t.
nttaAd.
EDWIN FARMER, &C.
e. A. JACOBSON, II. of r. & ..
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1905-08-11
Furniture

Comprising
20-foot Extension Dining Table,
Elegant Morris Chair.
Walnut Hall Stand. l Morris Chair,
Several Choice Engravings,
Majolica Ware, Stand, (old and
choice:
Iron Beds, Large Walnut Sideboard,
Oak Sideboard, Large Stove,
1 Ebonized Upholstered Parlor Suite.
9 pieces:
Rattan Settee, Escritoire,
/ Sx10 CENTER RUG, pretty design;
1 Old German Carved Settee, hand
some:
New Agate Pans, Pots,
Tea Kettles, Saucepans,
Pudding Moulds.
Tin Coffee Pots. Dinner pals,
Steel Hammers, Etc. Etc.
JAS. F. MORGAN.
AUCTIONEEx.
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1905-08-11
DAcIFIC REBEKAH LODGE,
NO. I, /. O. O. +.

N0s = + 70 % -
Meets every second and fourth
Thursday, at 1880 .. m, Odd Fellows
Hall, Fort street.
Visiting Rebekahs are cordially m
u1ted to attend.
LILLE DUNN. Nc.
JENNY JACOBSON, Sec'y.
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1905-08-11
HAWAIIAN TRIBE NO. I,
]. q. r. n.

Meets every second and fourth
THURSDAY Of each month, In / q.
u. +. Hall.
Visiting brothers cordially invited to
httend.
T. F. McTIGHE. Sachem.
E. v. TODD, CIR.
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1905-08-11
A Question of Honor,

Slimson-What was the trouble be-
tween you and the little boy next
door?
Willie-He said he was worse boy
than | was.-Smart Set
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1905-08-11
HONOLULU LODGE GRO.
B. p. O. a

Honolulu Lodge No. e16, B. p. q. r.,
VIII meet in their hall, On Miller and
Deretania streets, every Friday even
Ag.
By order Of the e. r.
HARRY II. SIMPSON,
Secretary.
GEO. a. ANGUS. En-
Evening journal., 1905-08-28
rh. Eranoo RrItIsh Entente.

From the ST. Louis Globe-Democrat.
The visit of the French fleet TO British
waters. where its officers are TO be the
guests Of King Edward for week, is an
event of great Importance In the political
world. II shows that the relations be-
tween tho two counties are more cordial
than they have been at any other time
since thee lose of the Crimean war, when
both were leaguod against Russia. The
visit. indeed, may arouse recollections ~
that alliance, and may suggest a weaken
ing Ia the lie between France aud RUS
sia.
1t has been felt that the Russo-Japanese
War would bring new alignments among
the Old World Powers. Russa's collapse
as n military nation makes her aid of far
less value 10 France than 1t seemed to w.
when those two nations entered into the r
league few years ago AZ the same
time France and England have discovered
reasons why AN alliance with each other
would be mutually advantageous. When
those two countries used the Morocco in-
cident. early I'm 1904, as an opportunity to
get closer together new leaf 10 the
nltNhiN vi iahNNI' was i"AA GERMANY
dislikes this rapprochement, and has tried
through the influence which she has
brought to bear ON Morocco. 10 interrupt
it, Events in the past few. weeks, how
ever. especially the present visit of the
French heet 20 England show that the
entente Is strengthened instead of weak.
encd
The United States is glad To see this
fraternization OF France and England. AS
"a fricnd of international goodwill. the
United states would be glad TO see peace
prevail throughout the whole world It Is
working az This moment, 10 the case n the
Russo-Japareso conference, To extend the
sway of universal concord. King Edward
himself has probably done more to bring
the Franco British era of good feeling
than amy other one person. Within tho
few years which he has been AZ the front
OF affairs ne has ended England's "spleu-
did isolation" has brought France .nto
fraternai relations. has done something
toward bridging the gulf between Eng
land and Russia, and has even disarmed
little ocGtrmany's hostility. Tho frater-
nal minglny Of the British and the French
flags IN British waters is an event which
viii gladden. the hearts Of the friends Of
international peace all over the world
Evening journal., 1905-08-28
EDITORIAL OPINION
A Postal Card Race.

with a view to testing the time re-
|quired By a postcard TO 80 the round
OF the world. ana TO ascertain also the
route which the card should take 10
accomplish its journey IN the least
possible number Of hours an interest
ing experiment in the form of COM
petition is being made in Paris. AT .
o'clock one afternoon. at the Centrai
Postohice and in the presence OF
number OF witnesses. 419 postcards
sent by an equal number OF compel
itors who had beforehand secured the
services Of correspondents in America
land the Far East were handed in' ar
ter examination 10y and on the certl-
ncate OF n sherins officer. After a Few
brief resting places. necessitatea py
the time taken by the correspondents
I'm the United states or ia Asia TO re-
post them. the postcards will return TO
Paris. when the sender of the one that
arrives first will receive a prize OF
money London Globe.
Evening journal., 1905-08-28
rhs Illuminated Of AddIeks.

South Bend, Ind, Tribune.
The gradual elimination of j. Edward
Addicks from the politics Of Delaware
should yield no tears. II should cause
no regret IN the Republican party. but
oe the signal for profound rejoicing
long and loud His presence as
factor in the Delaware situation has
not been credit TO that State or the
Republican party. On the contrary Il
has attached odium TO Delaware Re-
publicanism and gone even further by
leaving faint upon the entire voting
population Of the State. Had the in
huential Republicans of Delaware been
wise they would never have allowed
Addicks and his money to have gained
the influence which they did an in
auence fortunately not great enough.
however to carry him to the goal of
his ambition, a seat. in the United
States Senate
The example OF Addicks and its effect
should be a lesson to the Republicans
OF Delaware and Of al other states
Men who place dollars above every
thing else and believe that their money
viii accomplish anything they desire
should not be tolerated In public or
private life, In politics or out Of it. so
long as they hold TO such opinions and
endeavor 10 force them into effect.
Money Is all right, but il has a use
and buying votes should not be one OF
them. The Republican party cannot
afford TO tolerate such men as Addicks
and the very fact that his elimination
is progressing is a cause for glorifica-
ton. Now we may expect the Re-
publicans Of Delaware to get together
and be decent.
Evening journal., 1905-08-28
rHIs Is THE SITUATION.

n EPUBLICAN GLASSES In the sun
IN day star In a paragraph sums up
the political situation as far as the Re-
publican party is concerned. II shows
shrewd estimate Of conditions as they are
today. Politics is uncertain, and especial
Ia Delaware politics; everything may be
changed as the months roll around but
this about sums mp not only what should
be. but what at present promises to be-
Notwithstanding the next election In
Delaware is now more than year on
there Is being manifested an unusual
amount of interest In the political situa-
ton as Il is today. and probably will be
a year hence. There arc indications point
Ing to very radical rearrangement. re-
alignment and reorganization Of the Re-
publican party. which Is. indisputably,
necessary for its future success. There
are so many factions within the party.
the smallest OF which may be an import
ant factor az the election, that IL is APP
parent to every political student that
these divergent and conflicting forces
must be brought together In order TO es-
cape the certainty OF a disastrous de-
feat With the possibility of such reor-
anizauon Of the party and Of its forces
the outlook for success next year Is
hopeful OF course this condition Is not
pleasure giving 10 the Democrats, who ar'
not without their own troubles. rhey will
DO everything possible 20 discourage har.
uiony among and reorganization by th'
Republicans for the reason that during tn
last ten years the Democrats long sui
has been the foetional differences OF tn
Republicans. II thcy can succeed in keep
Ing the Republicans apart thoy can vii
and We cannot, but with reason IN powe
and party loyalty playing IT'S part the sit
uation next year viii oner no encourage
ment 20 the Democratic party
Evening journal., 1905-08-28
Donkey and Tho Judge.

From the Atlanta Constitution.
A Kansas Judge has kindly decreed
that donkeys are justified in braying and
that any attempt to restrain their braying
propensties is in the nature Of illegal in
reference. We would be more profoundly
interested had the judge decided other
wise. The efforts to enforce such de-
cision would have considerably multiplied
the gayety of nations, and proved new
test on the ingenuity of the ubiquitous
baiin
Perhaps now that the judiciary has in
vaded this somewhat abstract field. we
may succeed In obtaining injunctions
against mules that kick. dogs and cats
that make night melodious. the ruthless
stogomyia and the fugitive mouse that
provokes the proverbial eXaltation of the
feminine. skirt.
We should also like to know if the gen
erous latitude of the aforementioned
Judge extends to the irrepressible human
brayor. If it does not. his Honor will pass
into history as a true benefactor Of the
race.
Evening journal., 1905-08-28

that about 100000 visitors will leave this re-
sort within ten days.
A great sea swept over the cunard Line
steamship Umbria, which arrived at New
York on Sunday. The phenomena was wit
messed about $50 miles west Of Queens
town.
Seven companies of the National Guard
Of Tennessee have been ordered to the
scene Of the miners strike at Hartman
city.
Government officials have found an I'M
charted ledge in Newport harbor, on Fort
Adams.
The Rev. r. w Field, formerly OF As
bury Park. y J.. was arrested in church
at Milford. Conn, after trying to force
his way to the pulpit. He had recently
been dismissed from the pastorate.
Three deaths from ptomaine poisoning
followed a lobster dinner on an island in
Boston harbor.
Evening journal., 1905-08-28
Bret Asrts,s Needy Daughter.
ON the Atlanta Constltution.

From the Atlanta Constitution.
one may justly criticise the occa-
sional small iealousies and heartburn
ings OF literary men. but it is not to
be denied that the real workers in
literature give evidence at times of a
very practical esprit du corps re-
cent instance is the manner i'm which
the better known writer's of England,
led by George Meredith, have rallied
Ito the assistance of the daughter of
Bret Harte. This girl-sometimes ac-
tress sometimes singer. never too
plentifully supplied with money-has
Just recovered from a protracted ILL
ness to be practically dependent on
charity for her support.
The man who gave to our Literature
such roughly classics as The
Luck of Roaring Camp, Miss, Ten
nessee's Partner. The Outcasts of
Poker Flat. Cherokee Sal. and the in
imifable Heather Chnee, left woe
fully shrunken estate in comparison
with the large sums earned by his
prolific pen. He never possessed the
art of economy such thing as finan-
cial management being. too. beyond
his ken. A man with such character
istics could not be expected to be-
queath much more than a name to his
descendants.
The writer's of England have. there
fore, vigorously taken the mission Of
providing for his daughter. and it is
reported the fund has already reach
ed generous proportions. 1t would be
no more than proper II the writers
and readers of America participated
lin this commendable movement.
Harte's name stands for distinct
epoch in our national life and litera-
ture. and his work has given substan-
tial enjoyment TO millions of people.
our reading public is certainly suhi-
ciently rich In money and appercia-
ton to express the latter in tangible
form.
Evening journal., 1905-08-28
1HE MOTIVE BEHIND II.

THE writer OF Democratic Glasses in
Il the sunday Star is showing great
concern these days about Republican AZ
fairs. and fails to disguise his motive.
lie has much to say Of ingrattude. cor
r,iption and incompetency.
lie believes. or affects 10 believe that
the Republicans require large corrup-
ton fund and he Is oblising enough 10
suggest where they shall get It and who
shall handle it,
Tho possibility OF united Republican
party frightens him; he would not have
Addicks eliminated for worlds conse-
Queu,ly-every week there is column de-
voted TO the purpose OF stirring up and
intensifyng Republican strife But it is
useless. the fires OF fractionalism are
burning low. because they have consumed
am the fuel
When he urges Republicans 10 night
among themselves and Democrats 10
abandon all differences and unite, the
motive stands out in bold relief Demo-
cratic success Is the obeict. and il Re
publicans and Democrats follow his advice
he viii have his hope fulfilled.
Evening journal., 1905-08-28
READABLE RHYMES
The Difference.

The Difference.
This is my dog, my very own. Youn
think it strange. but we
Have ages that are just alike, and /
am young you see.
While he's as old, or most as old. as
and dog can be.
He is no higher than my waist. and he
is grown up, too,
And ! am quite as tail as Jane. and
I'm not nearly through
With growing. for ! mean to be as big,
perhaps, as You.
The things we ike are not the same.
I romp. and race. and run.
And he lies down before the fire, or
stretches IN the sun;
But each Of us would be forlorn With
out the other one.
Caroline Mccormick in September 81.
Nicholas.
Evening journal., 1905-08-28
TAE &c rAAr EArs rHe BUG.

Tt ls soEfui news TO the farmers that
a an insect BIAS put in an appearance in
parts % Pennsylvania whose diet is potato
bugs rhis new bug has come in great
numbers. Us mission being apparently.
to destroy the destroyer.
Here is new field for the Agricultural
Department Dr. Moore can establish a
hatchery and send out the bugs to the
eager farmers. a congressman with "A
supply of these bugs would be invinclble-
There is a ny in the ointment however;
there is certain in time TO appear an
enemy OF the benehcent bugs. And then
We 9han call for bug TO destroy tn,
bug that Kills the bugs that lives on tn,
potato bug "and so ad hnitem."