davidaulloa/AmericanStories huggingface dataset:
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1907-07-03
WALLACE FREED
UPON A FLUkE
II Was a Fake Oath That
Johnny Holt Administered
to the Faker.

J. Lor Wallach, the bogus medicine
man, was cleared of the charge of per
jury by order of Judge Lindsay yes
terday afternoon, without having been
put to the trouble of making a defense
The indictment was based on the ale
cation of false swearing by Wallach
as to his place of residence, before the
Board of Registration. On the strength
of an admission made by John D. Holt,
Jr., member of the Board, under cross
examination by Frank E. Thompson, at
tOrney for defendant, the court ruled
in effect that Wallach took no oath
before the Board and therefore could
not have committed perjury as charged.
The form of oath as signed by Wal
Zach, which had been put in evidence,
was stricken out. Having so ruled the
court Immediately granted the next
motion of Wallach s attorney, to direct
the jury to return a verdict of not
guilty.
Bruce Cartwright, Jr., signed the YER
diet as foreman. Clerk Marcallino read
it. Judge Lindsay then, on motion of
Mr.. Thompson, ordered the defendant
discharged and his bond cancelled.
Between the ruling and the direction
mentioned, Deputy Attorney General
NJ. F. Prosser had moved that the pros
ecution have leave to reopen it's case
for the purpose of further examination
of Mr.. Holt, but the court denied the
motion.
Mr.. Prosser rested the case for the
Territory at 1925 yesterday morning
with the reading of the Indictment to
the jury.
Mr.. Thompson then made motion to
strike out Hollis testimony and Aft
davit, the latter being the oath signed
by Wallach and acknowledged by Holt.
He argued the motion with authorities
and Mr.. Prosser contrary, also with
the argument not being
concluded until the afternoon session. |
What Holt admitted on crosse exam
nation was that, in administering the
oath to Wallach, he might have said
only, "You swear that this is true -
He could not swear that he used the
words, $50 help you Goo" of the usual
judicial formula.
Judge Lindsay held that the authori
ties were decisive of the principle that |
4 judicial oath to be valid must in
yoke the Deity.
After the discharge of WalIach the
court adjourned in April term sine die.
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1907-07-03

OCEANIC LODGE 10. 81. F. & A. II.
Meets on the last Monday Of each
month. at Masonic Temple.
Visiting brethren and members Of
Hawaiian and Pacific are cordially in
vited to attend.
CHAS. A. BON, w. NJ.
=. WALDRON. Sec.
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1907-07-03
Castle & Cooke, Ltd.
HONOLULU.
COMMISSION MERCHANT
SUGAR FACTORS.

AGENTS FOR
The Eva Plantation Co.
The Waialua Agricultural Co., Ltd
The Kohala Sugar Co.
The Waimea Mill Sugar Co.
The Fulton Iron Works, ST. Louis
The George F. Blake Steam Pumns
Weston's Centrifugals.
The New England Mutual Life -.
surance Co, of Boston.
The Aetna Insurance Co., of Hart.
ford. Conn.
National Fire Insurance Co., OF Har,.
ford, Conn.
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1907-07-03

Three deserted spouses who have
borne the deprivation of conjugal com
partnership for extraordinarily long
periods without murmuring loud enough
for the lawyers to hear them are seek
ing to end their solitary grief in the
divorce court A woman has been
looking out of the window awaiting
her truant husband s return for more
than the life of generation-"o over
thirty years. she complains. Then
there are two lonesome husbands whose
wives went gallivanting from home,
respectively, twenty and eight years
ago, who have concluded that it is time
to give the heartIess partners of their
joys and sorrows legal dismissal from
partnership that has been altogether
too much of the silent kind.
Kekuni Alma sues her husband Ali
ton of her for over thirty years. They
were married July l, 1875, at Honolulu,
and last lived together at Kaneohe.
John Paoa sues his wife Kaiowe for
divorce on the ground of desertion for
over twenty years. They were mar
ried July 4, 1873, at Waimanalo
Henry Kaapana is suing for divorce
from his wife kauwila for desertion of
over eight years. They were married
September IA, 1894, at Kaneohe.
Male Kaoku All Kim admits the al
legations in her husband s libel for
divorce, valves all right she may have
to object to the jurisdiction of the
court and asks that the bonds of matri-
mony between herself and the libelant
be dissolved.
Judge Robinson granted divorce
to Flora E. Holland against George
Holland, giving her the custody of two
minor daughters.
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1907-07-03
.ESTEE'S WIDOW
Gets NOTHING
Estate of Lamented Jurist Is
Bankrupt---SaIe of His
Library.

The late Judge Estee's estate is bank
rupt. according to a report made by
J. ]. Dunno, administrator with the
will annexed, along with his final ac-
count Receipts in this account are
$264575 and payments $2372.41, leaving
a balance of $27334. Mr.. Dunno says:
AN examination of the account will
show that the estate is not in a con-
dition to meet it's obligations, there
being only $273.34 for distribution
among the creditors, full list of whom
will be found in the former account
filed by this administrator. The ad-
ministrator respectfully prays that
upon the settlement of this account an
appropriate order be made determining
the mode in which this balance OF
$273.34 shall be distributed among the
creditors. The administrator points out
that there is nothing in the estate for
distribution to any legatee or devisee.
Frances H. Estee, widow of deceased,
and Elizabeth H. Ryan, his private sec
rotary, are the devisees and legatees.
The estate would have been in much
worse condition had not Mr.. Dunno,
succeeded in selling the more valuable
portion of Judge Estee's library to the
United States Government for the use
of the Federal court here. This he did
in two lots, the aggregate realization
being $2158.25. The remnant was sold
at auction, bringing $130.40.
The settlement with the lamented
judges banker and the undertaker's
bill of $500 form the principal items
of expenditure in the final account.
OTHER PROBATE MATTERS.
Judge Robinson approved the &C.
counts and ordered the discharge of
Ellen Dwight, administrative of the es-
tate of Chas B. Dwight, on filing of
final receipts. There is $2372.9S for dis
tribution between the widow and five
children. Four of the latter are minors
and under the guardianship of their
mother The eldest daughter, having
come of age, received her distributive
share of $733.7O on approval OF the
guardians first account.
The late John J. bowers estate is
by Charles Phillips, Harry
Arm'tage and NJ. T. Simonton at a.
valuation of $2249.5O No fees were
charged by the appraisers.
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1907-07-03
LEI ALOHA CHAPTER, NO. s,

Meets at the Masonic Temple every
second Saturday Of each month, at 1880
p. N. Visiting sisters and brothers are
cordially invited to attend
MARGARET HOWARD, W. M.
LOUISE A. TRUE, Secy.
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1907-07-03
BARGAINS

A nicely-situated residence on Luna
lilo street. Good drainage; fine air.
Lot 120 feet on Lunalilo street, $50 feet
side boundary.
House; three bedrooms, parlor, dining
room, kitchen, pantry and bath.
Another, Immediately adjoining: Par
Tor, three bedrooms, dining room, kit
chen, pantry and bath.
Rents at $40 per month.
Size of lot, 100 feet by lis feet.
These will be sold at very reasonable
figures.
Call at my office, SAT Kaahumanu
street.
JAS. F. MORGAN,
ATTCTTClNEEp
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1907-07-03
LEAH CHAPTER NO 2, E.s.

Meets every third Monday of each
month at 1880 p. m, in the Masonic
Temple. Visiting sisters and brothers
and members of Lei Aloha Chapter No.
8, are cordially invited to attend.
ALICE G. HERRICK, w. M.
ADELAIDE NJ. WEBSTER, Sec.
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1907-07-03
CASE FROM San
FRANCISCO FIRE
Bruner Sues C. Brewer & Co.
for Coffee Burned---0ther
Court News.

| Notwithstanding the extensive COM
mercial relations between San Fran
cisco and Honolulu, it is only now.
after a lapse of over fourteen months.
! that an instance of litigation arising
| from the burning of San Francisco ap-
pears in the Hawaiian courts There
was some difficulty in the local stock
exchange over stock certificates de-
stroyed in that fire, but it never came
to a contest of either law Or equity
w, w. Bruner has brought a suit
against c. Brewer & Co, Ltd, claim
ing s1O.361.7S of that corporation under
a contract to market his coffee. The
claim is upon 2428 bags of coffee de-
livered bv plaintiff to defendant be-
tween October 1, 1905, and March 20,
1906, which was in the possession of
defendant or it's agents in San Fran
cisco on April 20, 1906, and was de-
stroyed by fire.
THE INCIDENT CLOSED.
William O. Smith, trustee, yesterday
delivered a receipt for $3022.7O to NJ. T.
Simonton, commissioner of sale in the
Pacific Heights electric railway case,
recently decided by the U. S. Supreme
Court.
COURT ITEMS.
Judge Dole approved the semi-annual
accounts of F. L. Hatch, both as clerk
and commissioner, of the u. S. Dis
trict Court.
A notice is posted in the Judiciary
building, that the law library will be
kept open every night from to 81
o clock, excepting on Sundays and hol-
idays, and anyone entitled to use the
may arrange to stay until II
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1907-07-03
OLIVE BRANCH REBEKAR LODGE


Meets every first and third Thurs
day, at 1880 p. m, in Odd Fellows
Hall, Fort street. Visiting Rebekahs
are cordially invited to attend.
ANITA PHILLIPS, N. G..
AGNES dunno, Secretary.
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1907-07-03

HONOLULU LODGE GIG. B. P. o. Z.
Honolulu Lodge No. SIG, B. P. o. E.,
VIII meet in their hall, King street,
near Fort, every Friday evening. BY
order Of the Y. r.
FRANK E. RICHARDSON, E. r.
HARRY Fl. SIMPSON, Secy.
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1907-07-03
raternal Meetings

CANTON OAHU NO. l., P. NJ. 7. o.
o. E.
Meets every second Friday of the
month, at 1880 p. m, in Odd Fellows
Hall, Fort street.
H. It. MOORE, Commandant-
PAUL SMITH, Clerk.
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1907-07-03

HONOLULU RARBoR NO. 81. 4. A.
OF II. & 2.
Meets on first and third Sunday even
ings Of each month, at o'clock, at
Odd Fellows Hall. All sojourning
brethren are cordially invited to attend
By order Worthy President,
A. L. LANE.
FRANK G. POOR, Sea.
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1907-07-03

in evidence by the District Attorney.
He said he did not open the envelope
until o'clock the night of payday, at
his home. His house was about half
a mile from the plantation office. Ask
ed why he had delayed opening his en-
velope he gave answers to the effect
that he had no occasion to use the
money in the meantime. His cook
usually paid the store bills.
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1907-07-03
LADIES' AUXILIARY, A. o. H,
DIVISION NO, 1.

Meets every first and third Tuesday,
at 8 p. m, in c. B. u. Hall, Fort street.
Visiting sisters are cordially invited to
aSS1nd.
MRS. NJ. COWES, Pres.
MAUD OSULLIVAN, Secy.
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1907-07-03
INSPECT TH|SPROPERTY
TO BE SOLD UNDER MORTGAGES
FORECLOSURE.
On Saturday, July 27,
at
u O'CLOCK NOON.

at my salesroom, Kaahumanu street
there will be sold, under mortgagee's
foreclosure, the LAZARUS" PROP
ERTY, on Kinau and Lunalilo streets.
comprising 25,750 square feet.
On the property there are five cot
tages renting at SIS per month, and one
cottage renting at $18 per month.
Under the mortgages sale, this
property must be sold, and offers a de-
srable investment.
The comet. (Johnson City, Tenn.) 1884-1916, 1907-06-27
To J. N. Lacy and wife.
The Town of Johnson City,
vs. Notice.
r. L. King ct ais

In this proceeding, which is upon
a petition filed in the Recorders Office
OF said town for the establishment of
Improvement District No /, under the
terms of chapter 216 of the Acts of
1907, it appearing from the report of
the Investigating committee that it is
necessary to widen Upton street where
it ell ers Fry or buffalo street, on the
southern side Of SD d Tipton street and
that, for said purpose, 1t will ne neces
sary to condemn small strip Of land
belonging to the heirs of Mrs Lear
King. deceased. aud it further appear
ing from the eflidavit Of r. G. Hunter,
one of the petitioners, that j. NJ. Lacy
aud wife, Noble Lacy, Che latter be
ing one of the heirs of the said Lear
King, deceased are non residentss of
the state of Tenn essee, the said Lacy
and wife are notified to appear at the
Recorders office of said town on or be-
fere July 5th 1907, and show cause, if
any they can, why said strip of land
should not be condemned, and to do
whatever else may be necessary to pro-
tect their interests in the premesis, or
the matter will be proceed with exparte
as to them. 1t is ordered that this no.
tice be published in The Comet once O
week for four consecutive weeks.
This, June 6. 1907
e. E. ELLSWORTH,
Recorder.
The comet. (Johnson City, Tenn.) 1884-1916, 1907-06-27

The Commercial Appeal wants to
place itself on record now as stating
that Mr.. Malone, and probably all his
associates, we're placed in Office by the
rottenest steal that was ever perpetrat-
ed in any American city; and we dc
not propose to allow any doubt to re-
main on this subject. The emporium
ity may come at no distant day to prove
all these things in court, and If thil
paper does not show beyond any reas
enable doubt that the present admin
istration was put in power by the mos
fragrant electoral frauds, then it will
take its chance of being mulcted il
damages. The political thieves ma,
just as we'll take warning right now
For we mean business. -Commercia
Appeal.
The comet. (Johnson City, Tenn.) 1884-1916, 1907-06-27
Resignation Of Rev. ]. Q. COMan.

AT congregational meeting held at
the CLOSE OF the regular Sunday morn
ing service the Second Presbyterian
Church decided to comply with Rev.
J. @. Cowan's request to the Nashville
Presbyterian to desolve the pastoral
relation SO as to release him from ac-
tive work as his health will not permit
him to again assume his duties as pas
tor, at least for the present.
The meeting was presided over by
Rev. G.. 0. Bachman, of the First
Presbyterian Church, and was we'll at
tended by the membership.
A letter from DIR. Cowan was read
asking this action, and was with sim
eere regret on the part of the congre-
ton that this result was arrived at,
which was evidenced by the small ma
jority by which the motion was carried.
DIR. Cowan came here six years age
J from Morristown, Tenn, and has beer
principally responsible for the build
. ing of the new church and building VI
r the work until it is now one of the for
8 most churches in the city. His uatir
= ing effort in this direction YVES direct
g ly responsible for his breakdown, which
o came in April, and since then he ha
a been at Tate's Springs and other re
It sort trying to recover his former siren
d 9Th. SO far his improvement has bee
very marked, but his physicians ad
It wise perfect rest at least until fall,
n His many friends not only in his ow
It congregation but among the publ
y generally wish for his speedy recoN
e cry and would regret exceedingly
e see him leave Nashville permanently
e American.
The comet. (Johnson City, Tenn.) 1884-1916, 1907-06-27

Hon. F. B. Stratton, of Mt. Vernon,
of mt. Vernon, N. Y. entertained the
enitors Eof Westchester county last
Wednesday with trip to Poughkeep'
sic to see the boat races. The Comet
was unable to attend and possibly es'
capped arrest with E. Fl. Hartman fol
trying to outrun the crews; but Mr..
Stratton did not overlook us in the dis
tribution of souvenirs, and we are now
the happy possessor of gold-line
sterling silver matchssfe. The outside
is engraved to represent the front page
of "a Westchester county newspaper
bearing the date June 26, 1907, and each
column having headlines representing
progressive business ideas. Across tbs
frrnt lis also engraved a foc.simile O.
Mr.. STATIONS handwritin, "Compli
ments OF f. A. Stratton." 1t is beau
tiful souvenir and we have never seer
anything to match it.
The comet. (Johnson City, Tenn.) 1884-1916, 1907-06-27
Chancery Sale Of Land.
In Chancery Court at Johnson City,
Washington County,
Tennessee.
Robert Hornick
vs..
A. M. Mettetal, ct al.

In obedience to decree of the chan
Gerry court at johnson City, made in
the case OF Robert Hornlck VS.. A. NJ.
Mettetel, Peyton r. Harrison, Charles
Wing and Lillian Wing, / will on Sat
urday, the 27th of July, 1907, at noon,
in front of the Court House door in
Johnson City, sell to the highest and
best bidder, the town lots, in said de-
cree described, being lots 80, 30, 81 and
80, in Block II; lots No. /, 2, B and A.,
in Block 81; lots 80 30, 81 and 80 in
Block Sc; lots II, 1S, 10 aud 90, in Blood
IS; and lot "a in Block 81, all of SAX
lots being in the Carnegie Land and
Improvement Co.'s Addition to John
son City.
Said sale will be on credit OF six
modths and in bar of the equity of re-
demption. Notes drawing interest
from the day of sale, with good person
al security will be required of the pur-
chaser; and lien will be retained on
the property sold as further security.
This the eth day of June, 1907.
E. A. SHIPLEY, G a. M.
By j. r. G. ANDES, d. @. Il M.
G. T. LEE, Sol.
The comet. (Johnson City, Tenn.) 1884-1916, 1907-06-27

The supreme court holds that q man
cannot, after being elected to an Office,
be legislated out without abolishing the
Office. But it has been done. Judges
were legislated out of Office and the Of
fee was not abolished. The chancellor
elected by Knox county wasslegistated
out. and the duties of the of the office
imposed upon another, for q time ex-
pressly limited. The man thus favored
was so we'll pleased with holding the
chsncery court that he went on holdig
1t afterthe time fixed by the legislature
and without any express Legislative au-
thority is holding it yet journal and
Tribune.
The comet. (Johnson City, Tenn.) 1884-1916, 1907-06-27

not follow logically upon the decision.
The decisions OF courts are not fertile
fields for edithrial writing, Questions
like the one presented bG the Memphis
chaHter bill are supposed to be decided
by courts purely on legal grounds. To
commend a court for deciding such q
question according to law smacks Ct in
situation; to criticise it for deciding
such suit on legal grsunds, is but lit
tie short of contempt. Nashville Ten
nessean.
The comet. (Johnson City, Tenn.) 1884-1916, 1907-06-27

this country, always under the able
leadership of j. Augustus Jones and
yearly adding to it's laures as an enter
tanning and educational exhibition
The performances this year, while re.
tanning some of the features absolutely
necessary to make mp an entertain
ment of this kind is new ASA whole
and many new and entertaining fea-
lures will be seen in this city for the
first time. This show comes we'll re-
commended by the press in the cities
visited by this monstrous aggregation.
Endorsed by the press and pulpit as a
high class, refined and moral, as wei
as an educational exhibition. A grand
street review will take place at II O.
clock on each day-Wednesdav anC
! Thursday July 3rd 4 4th.
The comet. (Johnson City, Tenn.) 1884-1916, 1907-06-27

Carmack is mighty particular about
legislsting men out Of Office. Malone
carried,this city very much as Carmack
carried Shelby county against Taylor.
The rottenest primary ever held in this
or any other county was when Carmack
got majority Of about 5000 over Tsy-
lor in total Of about $500 votes cast
and the rottenest election ever held in
this county was when Jim Malone was
counted in as mayor when he and every
body else knows he was defeated by al
least $500 votes. Commercial. Appeal.
The comet. (Johnson City, Tenn.) 1884-1916, 1907-06-27
Belated Editorials.

Some Of the newspapers hsve been
devoting much space to discussion of
Che late Memphis charter bill, owing to
the decision Of the Supreme Court
holding II invalid. This bill was before
the legislature for lone time and was
the subject of much discussion then.
Editorials urging its enactment or re-
lection we're then pertinent.
The question Of whether the Memphis
charter bill was wise or unwise, wheth-
er il was enacted for the purpose of
putting some men out of Office and
others in were not before the court,
md discussions Of these questions do
The comet. (Johnson City, Tenn.) 1884-1916, 1907-06-27

The Nashville Banners "booster ed
ton" was issued last Saturday and is
one Of the greatest papers evsr printed
in Nashville. 1t makes Nashville look
life size and it is one OF the best towns
in the South. The Banner may we'll
be proud of it's handiwork.
The comet. (Johnson City, Tenn.) 1884-1916, 1907-06-27

Jno. I. Cox was awfully afraid Of i'm
peashment proceedings if the legisla-
ture had been called in extra session.
We did not know before that the
Chancellor decision against him in the
suit TO recover unaccounted for taxes
due this county was so frightfult to him.
The comet. (Johnson City, Tenn.) 1884-1916, 1907-06-27
Jones' Big Shows.

Jones Enormous Shows will arrive
in johnson city next Wednesday Civ
ing two performances Wednesday Ju-
Iy 3rd and two performances Thursday
4th making two big gala days for this
city. Both in magnitude and merit
Jones Enormous Shows have outgrown
all former proportion and is today
among the leaders of American amuse-
ments institutions. For years is toured
The comet. (Johnson City, Tenn.) 1884-1916, 1907-06-27

Another act Of the recent legislature,
the law requiring corporations to make
reports, contains a serious blunder.
Where were the old aud watchful law
makers when these faulty acts were
passed.
The comet. (Johnson City, Tenn.) 1884-1916, 1907-06-27

OF course, the Bristol Herald Courier
is opposed to the Memphis ripper bill.
It never saw provision OF the meas.
urs and couldn't use it's own thinker il
1t had one.
The comet. (Johnson City, Tenn.) 1884-1916, 1907-06-27
NONRESIDENT NOTICE
In The Law Court at Johnson City
Washington County,
Tennessee.
A. w. Lotspeich
VS..
Horace Miller, F. s. Kirkpatrick, and
ID. S. Howard.

In this case it appearing from the
declaration filed in this case, that the
defendants, f. S. Kirkpatrick and D.
II. Howard are non-residents of the
state of Tennessee. Itis therefore or
dered by me that publication be made
for four successive weeks, as required
by law, in the Comet, a newspaper
published in the town of johnson City,
Washington county, Tennessee, CON.
handing said F. S. Kirkpatrick and
D. H. Howard to appear before the
Judge of the Law Court to be held al
the courthouse in johnson City on the
third Monday in August, 1907, it being
the 10Th day of said month, to make
defense to said bill filed against them,
or It will be proceeded with expartee
as to them.
This 9th dav of Tune, 1897
FoY w. DULANEY, Clerk
REEVES & CRUMLEY, tvs for Plaintiff
The comet. (Johnson City, Tenn.) 1884-1916, 1907-06-27

Some people seem to think the Su-
preme Court is trying to make Car
mack governor, and perhaps that tri-
bunal alone could do so by declaring
the constitution obsolete and void.
The comet. (Johnson City, Tenn.) 1884-1916, 1907-06-27

It's horrible to think what Carmack
would have said about the Supreme
Court il he had been disgleased with
its Memphis charter decision.
The comet. (Johnson City, Tenn.) 1884-1916, 1907-06-27

The only difference between APP
plauding the Supreme Court and de-
nouncing it is the decision. A man
who would do one would do the other.
The comet. (Johnson City, Tenn.) 1884-1916, 1907-06-27

Mrs. Potter Palmer declares she is
not to marry the Earl of Munster or
any other foreign monster, as we un-
derstand her.