davidaulloa/AmericanStories huggingface dataset:
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1908-05-29
ONCE MORE To
SUPREME COURT

Chief Justice Hartwell yesterday al
lowed the appeal of the defendant in
the suit of W. w. Bierce Company
against Clinton +. Hutchfns from the
Supreme Court OF the Territory to the
Supreme Court of the United States.
This is a suit decided by the Supreme
Court of the Territory adversely 70
Hutchins some months ago. The bond
on appeal is fixed at $1,000. The find
ings of fact on appeal cover more than
twenty pages of typewriter paper,
and give a complete, though to the
uninitiated a not very clear, account
of the litigation and the events out
of which the litigation grew.
The exceptions traverse great
many of the findings of fact, and lay
stress on claim that was raised lately
in the trial of another branch of this
same litigation, namely, that at the
time the obligation was created out Of
which the litigation grew, the Supreme
Court of the Territory was the court
of final resort in this case. no federal
question being involved, and that
therefore the change of the law by
which the case was taken to the Su
preme Court of the United States, and
the Supreme Court of Hawaii reversed,
was an impairment of contract and
attempted to create obligations not in
mind when the cause Of action arose.
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1908-05-29
THE kTCHERLEYS
SUED On 4 NOTE

Suit against DR. John Atcherley and
his wife, Mary H. Atcherley. was
begun yesterday in the Circuit Court.
The plaintiff is A. n. Campbell trus-
tee. The suit is for the balance due
on a promissory note, and the amount
claimed is s1076.75.
The note was dated June IS, 1901. and
was for $780, due in two years. ana
secured by mortgage. The mortgage
was foreclosed some time ago, realiz-
ing $636.25.
From the fact of suit being brought
at this time for the balance, after the
mortgage had been foreclosed, it is TO
be presumed that the plaintiff thinks
a prosperity wave may have struck the
Atcherley menage since the Doctor
took up the WalIach treatment. and
that a judgment might now be good.
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1908-05-29
DOLE DECIDES
IN kOk|'S FAVOR
Rules Out Certain Testimony
Offered by the Pros
eCuti0n.

Judge Dole yesterday decided the
objection raised by the defense to the
introduction in the present case of tes-
timony concerning the alleged Sitting
of a mail bag at Kamuela postoffice.
He sustained the objection of the de-
PENDANT to the line of testimony offer
ed by the government. In deciding the
point, Judge Dole said:
This objection to the testimony in
this case has bothered me some. 1t is
somewhat question of logic. The
very plausible view which may be
taken of it is, | think, superficial.
"If the proof OF the robbery de-
ponds on the proof of the embezzle-
ment, it is not necessary to the issue,
that being the question of the embez-
element, nor could 1t be logically of
fered in that way; it would be the
cart before the horse.
1.-The possibility, or even probable
ity, Of the use Of the funds obtained
by the robbery-if that is proved in
making up the deficit caused by the
alleged embezzlement-is In much the
same dilemma; inasmuch as that prop
osition implies an established deficit.
"Under charge of robbery it would
be relevant to show defendant to be
in financial straits because of his
embezzlement of public funds, but
does the reverse hold?
50 In the one case, desperate financial
straits is an inducement to robbery.
But in the ease before the court it is
to be proved, and the attempt is to
prove it by proving a subsequent rob-
berry. The financial straits, as the in
ducement to the robbery, cannot be
urged where the offense creating the
financial straits is the thing to be
proved.
'FThe appearance of gold eagles and
half eagles in the mails following the
robbery, standing alone, proves moth.
ing.
'sShould the robbery be proved and
reliable evidence be offered Identify
ing the stolen money with the money
used to make up the following remit |
lance, or the remittance which squared
the alleged shortage, or other evidence
the stolen funds with such |
evidence of the robbery |
with such other evidence would, | |
think, be relevant.
Zone charged with a crime should |
not be attacked with differences. In
evidence which is consist
emit with guilt, but which can be ex-
planned on a theory of innocence,
should not be offered, or if introduced
should have the usual cautionary in
given to the jury in relation
to it. Facts consistent both with
guilt and innocence cannot accumulate
a presumption of guilt or justify a
on the part of jury that
defendant is guilty by being massed
together A hundled facts consistent
with both guilt and innocence may be
no more significant or weighty against
the defendant than one.
81 feel that the proposed testimony,
as outlined by the District Attorney,
should not go to the jury, and sustain
the objection
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1908-05-29
Furnished COTTAGE
For Rent

MODERN COTTAGE, 1913 Makfki
street, near Kinau street. Water and
sewer rates paid by owner. House
bined. Large lanai, two bedrooms,
bathroom, kitchen, pantry and kitchen
closet. Modern plumbing throughout
Outbuildings, servants rooms, SER
wants bath and closet. Carriage room.
feed room and horse stall. Grounds
planted with trees
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1908-05-29
SUE FOR LOSS
IN BANANAS
Benny & Company Say Shipment
Was Damaged on the
Alameda.

Benny & Co. have sued the Oceanic
Steamship Company for $500 damages
for loss on a shipment of bananas
made by the Alameda last November.
Benny & Co. allege that they shipped
666 punches of bananas by the Ala
media to Garcia & Maggini, San Fran
cisco: that they were shipped in good
order and were to be delivered in good
order, perils of the sea excepted. But
that no dangers of the sea prevented.
yet by the carelessness of the defend
ant and its servants the bananas were
wetted and thereby damaged, whereby
the plaintiff sustained damage of $780,
This is said to be the first case Of
the kind ever brought in this juris-
diction.
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1908-05-29
This Day

At my salesroom, SAT Kaahumanu St.
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1908-05-29
SUIT FOR MERCHANDISE.

the kind ever brought in this juris-
diction.
SUIT FOR MERCHANDISE
S. NJ. Toplitz has begun suit in the
Circuit Court against E w. Jordan
& Co., Ltd, for $447.50.
LEVERS & COOKE WILL APPEAL.
Levers & Cooke have moved in the
Land Court for findings of fact in the
matter of it's application for a regis
tered land title for the purposes Of
appeal to the Supreme Court of the
Territory. This is the matter in which
the Supreme Court of the Territory
decided that Mrs. Mary H Atcherley
had an interest in part of the land
for which registered title was sought.
That decision was on Mrs. Atcherley's
appeal from the decree of the Land
Court giving the title to the whole
property to Levers & Cooke. The
present is an appeal by Levers &
Cooke from the amended decree of the
Land Court giving a part of the land
to Mrs. Atcherley.
In their notice of appeal Levers &
Cooke allege eighteen points of law on
which they appeal, the principal ones
being that previous decisions of the
Supreme Court as to this particular
land had given them the right to rely
on the title, and that Mrs. Atcherley
by several proceedings and by the
lapse of forty years was barred from
claiming title. Kinney & Marx have
been added to Wilmington & Castle as
the legal forces of Levers & Cooke.
WIFE BORE HIM TWINS.
Peter Kawaha has begun suit against
his wife, Helen Halekunihi Kawaha,
for divorce. on the ground that she is
a leper and has been at the Leper Set |
Element since very shortly after she
bore him twins nine years ago.
CECIL BROWN ADMINISTRATOR.
Cecil Brown was yesterday appoint |
ed by the Circuit Court administrator |
of the estate of his late wife, Mary K. |
Brown. In his petition he states that
the estate amounts to about $2525. 1t
consists of land on this island and in |
Kona, and personal property. The |
heirs are William A. Beckley, Irene K.
Dickson, William A. Dickson and Cecil |
Brown. The administrator is to file a |
bond for $500 and an inventory within /
thirty days.
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1908-05-29
MILKMAN ACQUITTED.

D. Telles was yesterday acquitted
by a jury in Judge Robinson's court
of selling milk below standard. He
was prosecuted by Assistant County
Attorney Milverton. He was defended
by Enos Vincent and J. Lightfoot. The
defense was that the milk in question
had stood in the can all night and the
cream had risen. In selling the first
two quarts in the morning practically
all of this cream had been taken off
so that when the milk inspector got
his sample it was below standard.
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1908-05-29
THE LEE CHUCK CASE.

A stipulation was filed yesterday
setting the case of A. NJ. Brown VS..
Lee Chuck and others for hearing in
three weeks. This is one of the cases
that has come over from the time
Brown was sheriff. Prosser appears
for the prosecution and Breckons for
the defense.
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1908-05-29
DIVORCE ASKED FOR.

Mary A. Borges yesterday filed a
libel for divorce from her husband,
Frank Borges. She alleges that he has
failed to support her for a long time.
TEMPORARY ADMINISTRATIVE
Ann Eckfeldt Atwater, widow of the
late William Olmstead Atwater, yes
terday filed her petition to be appoint
ed temporary Administrative of her
husbands estate She states that the
income-bearing portion of the estate is
largely made up of stocks and bonds
upon which dividends and interest can
not be collected until there is some
one with authority to sign receipts and
endorse checks. Judge Lindsay APP
pointed her temporary Administrative,
pending the probate of the will and
her appointment as executrix of the
The Newtown bee., 1908-02-21
ROADS BADLY WASHED. SELECTMEN REPAIRING DAM AGES DONE BY SATUR-
 DAYS STORM.

Saturdays storm was the worst for years so far as the highways of the town are concerned, the selectmen having since had men at work repairing washouts. Brushy Hill road in lower part of the town had to be fenced in until repairs can be made. Also a piece of road from Cold Spring culvert to Botsford Depot. The main road from Hattertown to Monroe line was almost impossible, the damages ex- tending several hundred feet. Another from Michael Honan's to Gideon Camps place. In fact almost any road in town needs more or less repairing. Some have been fixed so as to be pass able and others will be as fast as pos sible, but only temporary repairs will be made at present. The selectmen think this will be the best way at pres ent as everything is so frozen up shovel ing and carting would be very expens- i've just now, but every place they ex- pect to make safe for travelling and will complete the repairs when condi- tions are more favorable.
The Newtown bee., 1908-02-21
 2Ist
 

Wednesday, February 19th the store will celebrate the 2lst anniversary of MT HoWand entrance into the business life of Bridgeport You invited to be present at that eel ebration. will be an affair worth coming miles to.
 During those 2l years the store has grown from small shoe establishment to the present big store To-day it is expanding and before the summer will almost double its present size And all this is due solely to you and the support you have given us Weapprecate ths The stores coming of age gives chance to show that appreciation and we plan to do it. This is how. .-.. @sl.
 nevery department of the store, we shall place on sale that Wednesday special lots of goods They will be new, esh desirable goods These goods we shall sell at about half of the usual pces in some cases at exactly half of the usual prices. .s .@.
 There will be many lots of these goods and great plen V of each lot But even then they would soon be exhausted and folks who chanced to be oe would get but poor choe under ordinary conditions To prevent this shall limit the quantity which will be sold to any one person. Thus every body will share equally in the stores birthday party
 Wecannot tell here Tn detail of the birthday lots. But you can count on finding them all over the store.
 Plan now to be here Wednesday, the 18th. Let nothing keep you home. You cannot afford to neglect this invitation
 Remember-one day only; Wednesday, Feb. 19.
The Newtown bee., 1908-02-21
KEEPING. OPEN HOUSE.

Everybody is welcome when wen feel good; and we feel that way only when our digestive organs are working prop erly. Dr Kings New Life Pills regu- late the action of stomach, liver and bowels So perfectly one can't help feel ing good when he uses these pills. 25c at R. H. Beers & Co.,, New town; Taylor, Curtis & Co.,, Sandy Hook; P. J. Garvin, Bethel; L. Gou- lett, Stevenson; H. w. Osborne, Eas- ton; ". 5. Hawley, Sherman; Smith Bros, Cornwall Bridge; Connery Bros, Georgetown J. M. Sullivan, Red ding Ridge; ;G. F. Baker, Hawleyville; 1; |. ". Hurlbut, Roxbury; Allen Joyce. Roxbury Station; C. w. Hatch. Brldgewater; w. N. Noble, New Milford; B. H. Beardsley, New Pres ton; Cogswell & Wettereau, Washing ton Depot; Harry Brown, Southbury; .. P. Williams, South Britain; Perkins Brothers, Warren; w. N. Hurd, Long Hill; Drug store.
The Newtown bee., 1908-02-21
DID YOU EVER TRY A REGAL?

Some people think that Regal shoes means only one kind or style of shoe.
 We want everyone to know that the Regal shoes are the largest variety of shapes and styles of any speciality shoe made. Every idea of shape and kind of leather is comprised in the Regal line-narrow toe lasts. round toe lasts, curved lasts, wide toe lasts, footform lasts, straight lasts. Button, lace, butchers, oxfords. pumps, made of pat ent colt, wax calf, Russia calf, gun metal calf, king calf, king kid. and all popular feathers. Made for dress, semi dress, business, or uniform service. A fit for every foot and style for every purpose, for men and women. Educator shoes. tha, let the.toes wiggle for child
The Newtown bee., 1908-02-21

Unclaimed letters remain in the Newtown postofice addressed to Miss M. L. Meyers, M. Kichoucky, Luzi Cataldo, Speroniti Areaugelo di Glow anda, Robbins B. Stoeckel.-[Wilson M. Reynolds, postmaster.
The Newtown bee., 1908-02-21

Mrs Frederick F. Andrews and Miss Fannie Andrews of Taunton were guests, one day last week, of MT and Mrs William Sturges at Great Plain, Danbury. -.
The Newtown bee., 1908-02-21

If, you have Catarrh, rid yourself of this repulsive disease. Ask Dr Shoop of Racine, Wis, to mail you free, a trial box of his Dr Shoop's Catarrh Remedy. A simple. single test, will surely tell you Catarrh truth we'll worth your knowing. Write to-day. Don't suffer longer.
The Newtown bee., 1908-02-21

Miss Alma L. Williams, teacher of the Palestine school, spent Sunday in Brookfeld with her parents, MT and Mrs c. s. Williams.
The Newtown bee., 1908-02-21

ren. Davis & Savard, sole agents, ccrner Main street and Fairfield avenue, Bridgeport, Conn.
The Newtown bee., 1908-02-21

John c. Leavy and Alfred Burdick of Bridgeport were guests over Sunday at Thomas Leavy's on Walnut Tree Hill. .&. '-......
The Newtown bee., 1908-02-21

MT and Mrs George w. Stuart spent last Friday in Brookfeld with Mir Stuart's brother, Charles Stuart.
The Newtown bee., 1908-02-21

Misses Rose, Ina and Mary Leavy spent lastsweek with their grandfather, John Leavy, on Botsford Hill.
The Newtown bee., 1908-02-21

Get some of that ,Milleman's pure horse radish that Morris, the grocer, is selling. It is good.
The Newtown bee., 1908-02-21

George Drew of Bridgeport spent Sunday in town with friends.
The Newtown bee., 1908-02-21
Roxbury.
LECTURE ON BEN HUR.

LECTURE ON BEN HUR. A stereopticon lecture on Ben Hur will be given ir the Methodist church of Roxbury of which Rev H. c. Bur- rows is pastor, by Rev H. K. Smith and Rev E. A. Henderson, both of New Milford. A fine musical program will also be given. Saturday evening, Feb ruary 29. All are welcome. Admis- sion 25c and 15c. ICE GOES OUT IN THE SHEPAUG.
 The heavy rain all day Saturday caused the ice to break up in the She paug river. The water was very high at the Station and the meadows of the Seward farm are covered with ice.
 Mrs L. Castle, who has been afflicted with poor eyes the past two mouths, is much better.
 The Sunshine club gave party to their young friends at the residence of Dr Pons, Friday evening. About 40 young people were present. They spent the evening playing games and listening to the music of the graph
The Newtown bee., 1908-02-21

Mrs Sanford Underhill, who has been visiting friends in Brooklyn, N. Y, has returned home.
The Newtown bee., 1908-02-21

MT and Mrs Harry B. Curtis of Bridgeport passed Sunday with MT and Mrs Henry G. Curtis. .u
The Newtown bee., 1908-02-21
LITCHFIELD COUNTY.
Washington
A GRANGE EVENT.

The Grangers enjoyed a pleasant evening on Monday, February IT, at the home of MT and Mrs Charles c. Ford. Lawrence Dodge, brother of Prof Dodge, gave an interesting talk. MT Dodge is employed by the U. s. Department of Agriculture and trav- els through New England for the bet terment of the farmers. A social time and refreshments were enjoyed by all. The next meeting will be held the first Monday evening in March at Prof Richard Dodge's.
 MT and Mrs Frank Kilborn went to Waterbury on Monday to attend the funeral of Mir Kilborn's brother, David Kilborn, who died after few days illness with pneumonia.
 Last week Wednesday night, Rev R. E. Carter and Mrs Carter were sur- prised by visit from a large number of their friends. MT and Mrs Carter had been out to tea and before their return the parsonage was filled with people. The lights were turned down in the front rooms so Mir and Mrs Car ter met with genuine surprise to find such large number of guests to greet them. The evening was pleasantly passed in social intercourse and re- treatments of sandwiches, cake and coffee were served.
 On Tuesday afternoon of this week the members of Judea Chapter were pleasantly entertained at the home of Mrs J. l. West. After the business meeting a program of patriotic poetry and songs was well carried out by all present. I'M. L. T.
The Newtown bee., 1908-02-21

Sanford Underhill passed Sunday ir Bethel.
The Newtown bee., 1908-02-21
WOODVILLE STORE BURNED.

w. w. Clark's store in Rockville was burned to the ground, February IS, at about 10 a. m. It is supposed that the roof caught fire from sparks from the chimney, enveloping the house in flames. It was a well filled country store. By close attention to business and honest dealing for many years on his part, MT Clark had built up good business. The insurance was light.
The Newtown bee., 1908-02-21
Circulation:
TOWN TOPICS.
ST ROSES.

FINE ENTERTAINMENT ASSURED.
 There was an entertainment and dance for the benefit of the Sisters of Mercy on Wednesday evening at St Mary's hall. There will be another en- tertainment at the same place on Sat urday evening, February %. This will be leap year ball and it is expected that large number will be present.
 On Sunday, February 23, a mass will be celebrated at St Stephens church, Stepney, at g o'clock as Father Fox wishes to be present at Ithe dedication of the new church at Shelton.
 On Thursday morning there was an anniversary requiem high mass for the repose of the souls of Margaret F. Kel- ly and Mrs Patrick Kelly. .-.
 This Friday morning at g o'clock there will be a months mind mass for Mrs Woicehowski, mother of Mamert Woicehowski.
The Newtown bee., 1908-02-21

@ Shoes for men and boys at Morris
 the correct thing.
The Newtown bee., 1908-02-21

Harley T. Peck, a student at Yale, passed Sunday with his sister, Miss Ethel Peck, at Syracuse, N. Y.
The Newtown bee., 1908-02-21
NOTES FROM ROMFORD.

Miss Clifford, the school teacher, has reopened the Romford Sunday school which is held every Sunday afternoon.
 Sawyers are busy saving ties and lumber on J. M. Blacks land near Romford Station. The large trees are being converted into ties and lumber. H. M. Bickford is the sawyer. He made business trip to New Haven, last week. ....
 Mrs Shaughnessy and Mrs Hannon returned from visit to New Haven, last week. <, ..@--# .<
 Peabody, the scientific optician, will be at M. W. Hills jewelry store, New Milford, Conn.,, March 2, 1908. <
The Newtown bee., 1908-02-21

ophone, kindly lent them for the even ing.
 A number of people were fortunat e to secure their ice, last week.
 Saturday evening MT and Mrs Hum phrey gave a large card party. Whist was enjoyed and a fine lunch was served.
The Newtown bee., 1908-02-21

PAID OFF HIS MORTGAGE. 4
 It is reported that one farmer has in spite of the bankrupt price given for tobacco, paid the last sum on his mort gage. .--7 '...
The Newtown bee., 1908-02-21


 The best way to get what you want, or to get rid of what you don't want, Is to use The Bees advertising columns. Try the "sm III" ads i: Ic . word, one week. !
The Newtown bee., 1908-02-21
TELEPHONE, 47-.
ADyXRTIsnlo RATES !:

Reading notices, breyler type, l0c line, Small nonpareil ais, lc . word per week.
The Newtown bee., 1908-02-21

TO MANAGE THE BRYAN FARM. Oscar Swanson has rented his place to Richard Walberg of Roxbury and moves to the Gregory s. Bryan place to be head farmer for year on salary. He begins duties on March 1.
 William Zumpf had the misfortune to lose horse. .4..
 Frank Erwin and Clifford c. Wood ruff were appointed appraisers on the estate of Miles 0. Camp Eand on Tues day, February IS, performed their du- ties. .<z:-
 Dairy Commissioner J. B. Noble of Windsor, R. 0. Eaton of North Haven and w. H. Scoville of East Haddam, Labor commissioner, were in town. Thursday, calling on Gen Averill. MT Eaton has lately been appointed U. s. Collector of Internal revenue by Pres ident Roosevelt.
 Gen Averill is slowly but gradually regaining his strength and is again able to see his friends but not to at tend to any business. 3
The Newtown bee., 1908-02-21

yVU,gb s Year, T5 Gents for Sir Months, g Dents for Four Months. Four Dents Copy,
The Mena weekly star., 1908-03-12

Washington, Mar. S.-Now that it has been practically determined by the president that the battIeship fleet shall return to the Atlantic by way of Suez the near approach of the fleet to It's original destination-the Cali fornia coast--has made it neces. sary for the naval officials to arrange homeward movement. Already several conferences have been held upon this subject between the president, Secre- tary Metcalf and Admiral Pillsbury. chief of the navigation bureau and Ad- miral Cowles, chief of the equipment bureau, the latter being specially charged with the duty of coaling the fleet
 The last conference, held Friday, was intended to place Secretary Met calf in possession of full information as to what had been accomplished by the bureau chiefs in preparation for the return cruise. He was perfectly satisfied with the result. Admiral Cowles has already dispatched large
 
 stores of coal to the Hawaiian Islands and to Manila and he has further as certained just how much fuel he can obtain at Port Said and the price he will have to pay for it. This is as far as he could go in the absence Of Of ficlal orders to make purchases. It is the business of Admiral Pillsbury to prepare these orders and he has already after consultation with his assistants in the navigation bureau, been able to frame them and lay them before the president. So it is expected that in the course of few days the formal orders will issue and imme- diateIy all of the return movements will be put into execution. The point of doubt is the disposition to be made of the ships upon their arrival in Asian waters, for while it is reasonably cer- tain that some of them will be sent to Japan, it is not known whether the movement in that direction will be general or confined to about four rep resentative ships.