davidaulloa/AmericanStories huggingface dataset:
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1905-10-03
|WlJNDENBERG ANOTHER DAY
UNDER CROSSEXAMINATION
Attorney Kinney Presses Him to Explain Ills
Evidence That Did Not Jibe With Ills
Affidavit and Letters.

today and will return Saturday, and
next week / hope something will be
accomplished.
The connection of the Humuula end
with the Parker ranch was sought to
be established by the following extract,
which was read several times in the
course of the examination. 1t was in
a letter from Wundenberg dated March
IS, 1904. and ran:
Negotiations are in full swing re-
garding Parkers interests not only in
Humuula, but the ranch as well. Low
and Parker are now at the ranch look
ing over matters and a settlement may
be reached at any time. Parker is
not a man to be driven and it takes
time to work so important a matter,
but I am in hopes some result will be
reached before very long"
The last feature of the day was
when Kinney, whose possession of pri-
vate letters was a source of great COM
plant from the witness, unearthed
from his store letter from the wit
j ness to G. J. Waller of the Metro
politan Meat Co. There was long
legal battle before it was admitted in
evidence. When read it proved to be
| a protest from Wundenberg to Waller
against allowing Carter to market so
many cattle from the Parker ranch
against the rights of the smaller graz
| iers. The witness, upon being given an
opportunity to explain, said that he
considered this to be in the interests
| of the Parker ranch, because such ar
bitrary tactics, if persisted in, would
result in the other graziers combining
against Carter and the price of beef
would be cut in half
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1905-10-03
Cutting TESTIMONY
IN FISHERY CASE

Attorney General Lorrin Andrews
yesterday finished the taking of testi-
mony in the fishery case of William
Steward ct al. against the Territory of
Hawaii. This will be the last one that
the Attorney General will hear before
his departure for China. Deputy At
torney General E. G. Peters will be act
ing attorney general during Mr.. An
drews' absence and will continue the
taking of testimony.
Forty of these cases have now been
heard. In each where the government
is satisfied of the complainant s vested
right to the fishery in question judg
ment will be confessed, thus saving long
and expensive trials.
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1905-10-03
JUDGMENT ENTERED
MISTAKEN DIAGNOSIS.

Inere are many people who have
pains in the back and imagine that
their kidneys are affected, while their
only trouble is rheumatism of the
muscles. which can be cured by a few
applications of Chamberlain Pain
Balm, or by dampening a piece of fan
mel with the Pain Balm and binding it
over the effected parts. A pain in the
SIDE or chest should be treated in the
same manner and prompt relief is sure
TO follow. For sale by Benson, Smith
q Co., Ltd, Agents for Hawaii.
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1905-10-03
CLAIMANTS
LOSE CASES
Decisions Against A. h.
E. & {. Co. and
LuCWeiko.

A unanimous opinion of the Supreme
Court, written by Justice Wilder, sus-
tains the demurrer to the amended pc
tition of American Hawaiian Engineer
ing & Construction Co. against the Ter
ritory of Hawaii. AS in its decision ON
the original petition, the court finds
that plaintiff IS claim for $2040S0 on
the Brewer wharf contract is untenable,
also that its claim for old material I'M
der the contract for building the
Brewer warehouse, amended from $500
to 800, can not be upheld Castle &
Wilmington for plaintiff; NJ. F. Prosser,
Deputy Attorney General, for defend
ant.
BY unanimous opinion, written by
Justice Hartwell, the Supreme Court
decides against the claim of Frank
Lucweiko and wife for $500 damages
from the Territory of Hawaii The
claim was made under a covenant of
Sanford B. Doyle as Governor, but the
court sustains the defense that there
was no law authorizing the covenant.
This is the syllabus of opinion:
The plaintiffs, having conveyed GER
tain land to the Territory in exchange
for other land and upon a covenant by
the Governor to cause buildings and
fences on the land to be removed there
from and placed on the other land in
good condition within sixty days,
claimed damages for delay in removing
and for not leaving them in good con-
dition. Held, on demurrer, that no law
of Hawaii authorized the covenant
c. G. Biting for plaintiff; NJ. F. Pros
ser, Deputy Attorney General, for de-
PENDANT
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1905-10-03
M0T|gQgeeS Foreclosure SQ|es
Saturday, Oct. z, 1905
AT IL O'CLOCK NOON,

AL IL ~ CIOCh NUM-
At my Land Salesroom, s57 Kaahu-
manu- street:
Maria D. Carlos and husband to
Bank of Hawaii, Limited; 27,500 50. it,
Lehua Avenue, Pearl City, $4,000 50.
it, Male Avenue. Pearl City.
VIM. C. Achi to Oahu Railway &
Land Co., Assignee: lot ga, block g.,
Pearl City Lots. o. 500 So it.
L. Ahlo to Oahu Railway & Land Co. !;
Lot IL, block %. Pearl City Lots.
Poluea and D. Kalauokalani to Ko-
hala Land Co, Ltd, Assignee; 8
acres, situated at Kapualei Molokai;
8 1-3 acres. situated at Kapualei, Mo-
lokai; 5 acres, situated at Kapualei,
Molokai; acres. situated at Apuako-
hau, Kohala, Hawaii
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1905-10-03
Biz CLAIM
RENOUNCEO
Mrs. MarcaIIino's Gift
TO ChiIdren--.Other
Probate Items.

LULA da Gloria Marcallino, guardian
of her four minor children of whom
three are now of age, had her account
approved by Judge De Bolt yesterday.
1t covered the period from May l, 1898,
to Sept 80, 1905 and showed receipts
of s3051. 80 and payments of s5263. p,
leaving a balance of $2211.32 due the
guardian In rendering her account
Mrs Marcallino says that she has ex-
pended further and other small sums
support and maintenance of said
minors, of which sums she has kept
no account; and as to all of said sums
and also as to the above balance of
s2211.32 due her, she hereby releases
her claim against said minors for the
same, and she further valves all COM
missions due her as such guardian
CAMPBELL WILL CASE.
E. c. Peters has filed the joint an
swer of Muriel K. Campbell and
Beatrice u. Mary Campbell. minors,
to the suit for the construction of the
will of the late James Campbell. 1t
either admits or leaves to proof most
of the allegations, in fact about the
only independent statement in the
answer is that it was provided by the
eighth clause of the will that the
compliments as trustees segregate and
keep separate and apart during the
life of the wife of said deceased the
accounts of and pertaining to the real
ty of the estate of said deceased from
the accounts pertaining to any and all
other thereof
JOHN RILEY'S ESTATE.
Judge De Bolt has made an order
to show cause, on a petition of M. P.
Robinson, administrator of the estate
of John Riley, deceased, why the real
estate should not be sold to pay the
debts of decedent The property in
question consists of eight lots in XII
pahulu tract aggregating 10000 square
feet October 80 is set for the hear
ing.
ESTATE CLOSING.
Judge De Bolt approved the accounts
of P. f. r. Strauch, administrator of
the estate of Ako, alias Gnin Ko, de-
ceased, and ordered a distribution to
the heirs.
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1905-10-03
NEW
FURNITURE

Comprising
Curly Golden Koa Settee, valued $3.50;
Real Ebony Stand,
1 Manchu Large Rocker, elegantly
carved:
Large Round IA Sawed Polished Ex-
tension Dining Table,
Leather Seat, diners to match;
Very Elegant China Closet, IL round
glass sides;
Beautiful IA Sawed Rockers and
Upright Chairs,
Handsome New IA Sawed Buffet,
Choice Rugs, large and small;
Brass and Onyx Table,
Fancy Pictures,
Pretty Jardineries,
Lot of American Cut Glass.
Solid IA Sawed Tables,
Handsome China,
Stems, PLAQUES, Cloisonne Vases,
Hawaiian Mats.
Double Sets of Mousseline Curtains,
Table Linen, Bed Linen,
Weather Oak Chair, handpainted;
Ladies Pretty Oak Desk,
Oak Tabofettes.
Hammered Iron Taborettes,
Wicker Rockers,
The Choicest of New Iron Beds,
Mattresses (hair), Springs,
Wicker Rockers, Wicker Chairs,
Mosquito Nets (newest styles);
Gentlemen's Elegant IA Sawed Chef
fonier,
Handsome Mirrors.
1 Edison Phonograph complete;
Fancy Pillows, in silk and rep;
Feather Pillows,
Birdseye Maple Chair and Table.
Old English Rush Bottom IA Sawed
Chairs and Rockers,
Very Choice Ladies' Dressing Table
Bureau, heavy French plate glass,
large:
Birdseye Maple Bureau, plate glass;
Austrian Carlsbad Dinner Set,
: Handsome Glassware, Toilet Sets,
Childs' Iron Bed, Box Couch,
Walnut Bookcase, Bureaus,
-Washstands, Enameled Bureau,
Step-ladder, Garden Tools,
Grass Gutter, Hammocks,
Buckets, Brooms, Hose,
Firewood, Axes, Etc,
Card to View.
Apply 10
JAS. F. MORGAN,
AUCTIONEER.
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1905-10-03
LEAH CHAPTER NO. 2,

HAWAIIAN TRIBE NO. I,
I. O. r. M.
Meets every second and fourth
THURSDAY of each month, in I. o
o. +. Hall.
Visiting brothers cordially invited to
attend.
T. F. McTIGHE, sachem,
E. ". TODD, C. r.
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1905-10-03
Auction Sale
Thursday, Oct. D, 1905
AT 10 O'CLOCK A M.
LADIES' DRESS GOODS

ONLY
AT store Kapiolani Building, corner
Alakea and King streets.
WAIT FOR THE BARGAINS.
I will sell short lengths in
Printed Organizes, Satines,
Printed Batistes, Venetians.
Albatross Cloth, Black Cashmeres,
Toile de Soft, Black Mohairs,
Cream Mohairs.
White Swiss Muslins,
White French Organizes,
White Piques,
White MoIeslxins.
White Dimitfes.
White Victoria Lawn,
India L.inon.
Linen Damask Towels,
Linen Huckaback Towels,
Table Linen.
Table Napkins,
Linen Handkerchief.
JAS. F. MORGAN.
AUCTIONEER.
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1905-10-03
Castle & Cooke, Ltd.
HONOLULU.
COMMISSION MERCHANTS.
SUGAR FACTORS.

AGENTS FOR
The Eva Plantation Co.
The Waialua Agricultural Co., Ltd.
The Kohala Sugar Co.
The Waimea Sugar Mill Co.
The Fulton Iron Works, st. Louis.
The Standard Oil Co.
The George F. Blake Steam PUMPS.
Weston's Centrifugals
The New England Mutual Life Insur-
ance Co., of Boston.
The Aetna Insurance Co. of Hart
ford, Conn.
The Alliance Assurance Co., of Lon
don.
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1905-10-03
BATCH OF APPEALS.

Nine criminal and nine civil appeals
from the Honolulu District Court were
filed in the Circuit Court yesterday
One OF the civil cases is that of the
Territory of Hawaii against the Homo
lulu Rapid Transit & Land Co., claim
ing Sl92S as trespass damages for in
jury to government wagon from be-
ing struck by an electric car at Hotel
and Punchbowl streets. A nonsuit was
granted by Judge Whitney on the
ground that negligence of the defend
ant had not been shown
JUDGMENT ENTERED
Judgment for plaintiff has been en-
tered in the suit of City Mill Co, Ltd.
VS.. Mary K. Dwyer, to enforce a me-
chanic's lien on property at Kalihi. In
Guiding costs and interest the judg-
ment amounts to s17711e
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1905-10-03
PREPARING
FOR JUR|ES
Two Judges Will Be
Trying Cases
Soon.

Criminal trials will begin before
Judge Robinson on Thursday, the first
cases set being those of Territory VS..
Frank Fisher, keeping disorderly
house and selling liquor without Ii
cense. Two cases against All On for
acceptance of brides are set for Mon
day.
A number of defendants were ar
raigned before Judge Robinson yester-
day. Dan Keoki pleaded not guilty to
Indictment for larceny. Pale Alapai,
embezzlement, pleaded not guilty. In
the other cases motions are pending
and pleas reserved.
counsel for Henry Kapea, charged with
enlightenment.
In the Takada murder case Judge
Robinson took the testimony of At
torney General Andrews yesterday, on
account of his intended departure, on
the motion TO quash Indictment.
CIVIL SIDE.
The following additional jurors have
been ordered to appear before Judge
De Bolt at 10 o'clock tomorrow: w.
c. Bergin, John NJ. Davis, John H.
Thompson, ALI honse Newhouse, F. j.
Sullivan, A. Winterstein and H. S.
Perrysburg journal. (Perrysburg, Wood Co., O. [Ohio]) 186?-1965, 1905-06-30
OWNERS NOT TO BLAME.
A Decision by Federal Court Regard
ing Steamship Disaster that oc-
CURED Seven Years AGO.

New York, June 2S.-In the suit
brought by the survivors of the La
Bourgogne disaster seven years ago a
| decision was handed down Tuesday in
the United States circuit court of ap-
peals, which ordered the United States
district court, the tribunal below, to
modify its opinion in conformity with
the decision rendered yesterday. The
principal feature of moment in the
new opinion is that it orders the Com
pagnie Generate Transatlantique to
pay over to the trustee the sum of
1899 francs, with interest from the
date OF the disaster, this representing
the amount of the freight and passage
money received by the owners of the
vessel for the voyage from New York
on which she was lost.
AS to whether the defendant was re-
sponsible for the loss of life, the court
holds that the owners were personally
without responsibility. AS to whether
La Bourgogne was at fault and there
fore responsible for the collision, the
court decides that the defendant was
not responsible.
Claims for nearly s3,00O,000 have
been filed against the Compagnie
Generate Transatlantique the owners
of the steamer. The decision of the
court confirms one of the oldest prin-
ciples of admiralty law, that the own
er's liability is limited to the freight
and passenger money received by the
wrecked steamer for her last voyage
together with the value of the wreck,
as was held recently in connection
with the destruction by fire of the
General Slocum. In the case of the
Bourgogne there was no wreck value,
as the steamer was never raised.
Perrysburg journal. (Perrysburg, Wood Co., O. [Ohio]) 186?-1965, 1905-06-30
QUITE UNUSUAL.

The largest wooden statue in the.
world Is to be seen in Toxic, Japan.
1t Is "a feet high, and the head will
hold 20 people.
A Kansas City hotel charged up.
several telephone messages to a deaf
mute. There's such thing as going
too far in making out bill.
Returning to his house at Argen-
teuil, in France, Mr.. Hugh Gooding
was shot at by a discharged employe,
the bullet fattening itself against a
silver cigarette case, which he car,
ried just over his heart.
Luther Burbank, the plant wizard"
Of California, is evidently not the
only man alive who conjures with ma
ture. 1t is reported that w. Bell, of
Mumby, Louth, Ireland, after expert
menting for five years, has produced
tomatoes and potatoes, grown on the.
same plant from the same tuber.
Paris has a dwarf elephant about.
the size of Shetland pony. Its keep
er is Senegalese who has to sleep in
q cot where the elephant can see him.
The captive's favorite dish is six
pounds of rice stepped in four pints of
milk. He can also enjoy a nice two
pound salad.
Perrysburg journal. (Perrysburg, Wood Co., O. [Ohio]) 186?-1965, 1905-06-30
SHEA WILL BE DEPOSED.
President of Teamsters' Union Is to
be Removed from Office.

Chicago, June 2S.-The Post says:
Formal removal of International
President C. P. Shea, of the Brother
hood of Teamsters, has been decided
upon by the International executive
board. The anti-Shea leaders in this
committee practically have voted to
depose the leader A trial has been
held and President Shea has been
found guilty of violating the constitu-
tion and bylaws of the teamsters or
ganization. There is no appeal from
the action of the international com
mittee.
1t is planned to promptly announce
the finding of guilty" and to declare
the office of president vacant until
Shea's successor shall be elected in
Philadelphia in August.
For weeks the international board
has been opposed to Shea and his
methods. Fear that the move to de-
pose the leader would make him a
martyr" among the rank and file and
insure his reelection as president
caused members of the board to post
pone their action.
The specific charge against Presi-
dent Shea is calling strike contrary
to the constitution and making ex
penditures of the brotherhood's money
contrary to the constitution and by
laws. M. j. Dwyer, a member of the
international board, who has not been
in Chicago since the board was sum
moned to meet here daily to help in
managing the strike, is likewise under
suspension. He was tried by his col,
leagues of the board and denied the
right to sit in the councils of the
teamsterS
Perrysburg journal. (Perrysburg, Wood Co., O. [Ohio]) 186?-1965, 1905-06-30
is DEEP AND WIDESPREAD.
Antl-American Sentiment In China
Grows More Intense.

Pekin, June 2S.-The question of
Chinese exclusion from the United
States continues chiefly to occupy the
attention of the Chinese. The extent
and depth of the feeling manifested
astonishes foreigners and is regarded
as an evidence of the growth of a ma
tional sentiment of public spirit which
1--we years ago would have been in
conceivable. Among many instances
cited as evidence of this, it is said that
Chinese comprador has refused a
lucrative appointment with an Ameri-
can company.
Advertisements of American goods
continue to be refused by the native
newspapers and letters and kilograms
from all parts of China, as well as
from abroad, are being received, urg
ing the central government to take a
firm stand
The chief obstacle is the question of
exclusion of coolies from Hawaii and
the Philippines. 1t is urged that there
is no reasonable objection to the land
ing of coolies In Hawaii, where they
do not compete with American labor,
while Chinese immigration has long
been established in the Philippines.
These points the Chinese regard as
essential, but is thought unlikely that
they will be conceded by the Ameri-
can government, hence the apparent
deadlock With view of facilitating
settlement, China on Monday pro-
posed to send special mission to
Washington. but American Minister
Rockhill declined to entertain the
idea. The Chinese deplore the risk
ing of American good will, but claim
to have legitimate grievances.
In the meantime the boycott of
goods from the United States CON
tinues and the anti-American cam
paign is increasing in vigor. The
American minister has applied to the
board of foreign affairs to check the
movement
Perrysburg journal. (Perrysburg, Wood Co., O. [Ohio]) 186?-1965, 1905-06-30
cHuRcH praN1rARrrs.

Archbishop Moeller of Cincinnati
has organized choir of priests to rem
der Gregorian music at the funeral OF
all priests In his archdiocese.
At the next consistory the pope will
make Braga, bishop of Petropolis.
cardinal, In accordance with Brazils
special request. Braga will be the
hrst South American cardinal.
Bishop Hoss of the Methodist Epis-
eopal church south will preside over
the Brazil mission next fall. Bishop
Galloway has charge of the missions
In Japan, Korea and China. The Gu
ban and Mexican mission work Is un-
der the care Of Bishop Gambler.
Father Benson, the son of the late
archbishop of Canterbury, whose re-
ceptton Into the church, as we'll as his
ordination, took place within the last
IA months, Is now studying theology
with Mgr. Stapleton Barnes at Cam
bridge, instead of, as he once intended
returning to Rome for that purpose.
The bishop Of London might be
taken for comedian but for his CO.'S
tune. Were he In the theatrical pro-
fession his unfailing sense of humor-
would stand him In good stead. A
man of exhaustless energy. he does a
tremendous amount of work. He is
universally hailed with delight by chill
dren. In the East End the small raga-
mullins run against his CATERS and
shout welcome; in the West End he
Is an equal favorite among the young.
all regarding him as a glorified play-
fellow. An admirer said recently.
When London has done killing him,
he will have earned his martyrdom."
Rev. Charles e. Guthrie, pastor of
Park Place Methodist EpiscopaI
church, Baltimore, announces that in
future he will refuse to read the mar
riage service at rehearsing parties
Moreover, he discourages the idea of
fashionable weddings in churches.
which make rehearsals necessary.
holding that such affairs make too.
much OF the dramatic effect and dress
display and too little of the solemnity
OF the obligation that is being as
sumed. Mr.. Guthrie believes that an
important contributing cause to the
divorce evil lies in the fading out of
The religious idea regarding marriage
Perrysburg journal. (Perrysburg, Wood Co., O. [Ohio]) 186?-1965, 1905-06-30

Cleveland, June 27.-The Cleveland
Electric Railway Co. will keep the
promise made by its president to
Mayor Johnson. Horace E. Andrews,
president, on Monday submitted to the
mayor letter in which he offered for
the company to refund to the city the
net profits of the company on parts of
Central avenue and Quincy street, af-
ter March %, 1905, the date on which
the franchises were held by Judge
Tayler to have expired. The offer is
made contingent upon a decision
against the company by the United
States supreme court
Perrysburg journal. (Perrysburg, Wood Co., O. [Ohio]) 186?-1965, 1905-06-30
Had a "Fiehtina Dress

Tifin, o., June 2S.-The cross
examination of Ella Manley, the col
ored attendant of the late Mrs. Hoyt,
occupied nearly the entire morning
session of the court yesterday in the
famous will case. Miss Manley testi-
fed that Mrs. Hoyt told her that every
time she put on a certain red dress
she had quarrel with some one and
she called the costume her fighting
dress" Miss Manley said Mrs. Hoyt
told her 1t would be a fine thing to
adorn the dress with an emblem like
a hatchet. She made a paper hatchet
and wore the toy weapon on the front
of the dress.
Perrysburg journal. (Perrysburg, Wood Co., O. [Ohio]) 186?-1965, 1905-06-30
Flyer Ran Into a Locomotive.

Lima. o., June 2S.-While running
at a speed of not over % miles an
hour while entering the company's
yards in this city last night the east
bound Pennsylvania limited passenger
train crashed into a switching engine
and a half dozen freight cars loaded
with timbers. The freight engine was
demolished and the freight cars
thrown from the track. The passenger
train did not leave the track. Beyond
severe shaking up no passenger was
hurt. Yardmaster Kendrick was
thrown under the wheels of the
freight and his right leg was cut off.
Perrysburg journal. (Perrysburg, Wood Co., O. [Ohio]) 186?-1965, 1905-06-30
Happenings Of the Last Five Days
Narrated in Few Words
as Possible.
AT HOME AND IN FOREIGN LANDS
This Busy World So tina. They
Can Digest the Con-
tents In Few
Minutes.
Russo-JAPANEsE WAR.

A dispatch from st. Petersburg
says News from the battlefield is
meagre. A press telegram of recent
date speaks of a rear guard action, -
and there are rumors that the Russian
army is retr6ating, but the latest dis
patches received from Gen. Linevitch
bearing the same date declared that
the Japanese advance has paused.
The following dispatch has been
received from the Japanese army
headquarters in Manchuria: The
enemy holding the northwest emf
nence of Manchenzon was attacked
and dislodged on June %, but por-
ton of the enemy holding the hills to
the west offered stubborn resistance
and the hills were finally taken by
assault. The enemy fled north in dis
order. His strength in cavalry and
infantry was some 5000 men and sew
eral guns. The enemy's loss was fully
200. Our loss was insignificant"
Russia has given reinsurance of it's
intentions in the peace negotiations
by placing the president in possession
of the tentative selection of her pleni-
potentiaries, as follows: NJ. Nelidoff.
the Russian ambassador at Paris, and
Baron Rosen, the newly appointed
Russian ambassador at Washington.
Russia thus having taken the initi
ative, it is believed that Mr.. Takahira.
the Japanese minister, during his call
at the White House recently told the
president that Japan's selections also
tentative, were Baron Komura, Japan
ese minister for foreign affairs, and
Kogoro Takahira, the Japanese minis
ter at Washington