H

VOL. XXXIX, NO. 83.

THE JURY FINDS BOYD

GUILTY OFJMBEZZLEMEIIT

Counts Based Upon His StealingsWhile Chief Clerk of Public

Land Office.

Private Bills Conveniently Paid With Public

Money Boyd Taken In Charge by Police

But Released on Bail.

Edtt nrJ S. Bod, former Commission- - pended. He doubted If so much ofv nf TnWln Ijindg. Mas found cuilty llauois hnd been consumed at Ills house.

or embezzlement of public moneys by

a Jury before Judge Iloblnson yester-- for the ,,, u lepre,ented. Tnls state- -day afternoon. His conviction accord-

ing to the form of the verdict em-braced all three counts of the Indict-

ment on which he 'was tried, which

charged him with embezzlementof J075, $2300 and $1532 50.

The Jupy was absent only ten min-

utes.This case referred only to the time

--tthen Boyd wag secretary and sub-age- nt

in the Land office. "Whereas theaggregnte amount of his embezzlements

4is now found by the Jury Is $1727.50,

the shortage discovered In the depart-

ment attributed to the jears in whichlie filled that position and subsequentlythat of Commissioner is about $30;000.:For part of the balance Stephen Sla-liaul- u,

who was next highest officer to33oyd in both capacities, is under In-

dictment, as Boyd himself is for otherlarge sums gone missing while he wasliead of the department.

For embezzlement of public moneys"by an officer having their legal custo-d- y

the penalty Is imprisonment at hardlabor for a term not exceeding tenyears or a fine not exceeding five timesthe amount embezzled. Therefore forthe present conviction on three countsBoyd might be sentenced to imprison-ment for thirty ears or payment of41 fine of $23,637.5

THE CLOSING INCIDENTS.

Mr. ChlUlngworth began his closingaddress to the Jury for the defendantat 2:45, ending at 3:3G, when Attorney'General Andrews closed for the Terrl-toi- y

in nn address ending at 4 o'clock.Judge Itoblnson's tnstiuctlons to theJury were concluded at 4:20, when theJury retired to consider their erdlct.They i etui ned at 4:30 with the follow-ing veidlct:

"We the Jury in the above entitledcause And the defendant guilty ascharged in the indictment."

Mr. Chilling" i th noted exceptionsto the veidlct and gave notice of mo-tion for a new trial.

Judge Iloblnson set Saturday at 10o'clock ii, in. for sentence.

Jddgo Iloblnson, after n conferencewith the Attorney General and Mr.ChlllliiBworth following adjournmentof the court, fixed Hod's ball bond onappro I nt t'000. Ills bull for appearnnc, for trial undoi nil the Indictments

uiuof

ty, cull)' lUMt nlKlit anil wiw ilIihiIfiuiil nimndy peiwlliiK IiIh uppoul,

i.akt UAV'H vnwmtMNnn,Jli.yd took t Ilk vitiiul rkhIii li)luy

in iriilnK '" iwllimii wnnunliwllnii In Jil(IVWl ilvfvliMt. lfOdll(lJ III Hli(lliukii to MfillUl JIulMllHll HllWWIlUlltfto ir IIU0, ulilih hti Pilil uivun.r in iwyiHWM tif till iwrwnul

When shown a certain receipt he stnt-p- dthnt lin hnd cKpn Mahaulu his check

ment caused one of the warmest Inci-dents of the trial when Mahaulu after-ward va-- put on the stand In rebuttal.Anothei statement of Boyd also flguiedpiomlnently in the same way. He wastelling about a check for $"S1 and said$60 of it was for a payment on land atLahalna for his wife, another sum fora certain purpose stated and the bal-ance he could not say for what.

--THE REBUTTAL.

Stephen Mahaulu, called in rebuttalby the prosecution, denied that Bodhad ever deposited his own money w Ithhim to pay his (Bojd's) obligations,also said Boyd left no money with himwhen he went to "Washington. Witnesstestmed regarding a number of I. O.U.'s show n him saying they representedmoney taken from the Land Office fundsby Boyd which, In any of the cases,were neer ippald.

On being shown a receipted bill, Ma-haulu at once said that Boyd hima check for that bill. It had been'leftlying around the office and got In amongthe other exhibits shown. He told Dep-uty Attorney General Peters about itwhen that official was holding an in- -

estimation, but so mucli Interest wasbeing taken in the I. O. U.'s, etc., thathis remaik was not noticed.

Mr. ChlUlngworth cross-exnmln- himlong nud seeiely on this item. Ma-haulu, when asked how he remember-ed the Incident, said "there was nostenogiapher there" on that occasion,ns there had been at another in estimation of the matter. Mr. ChlUlngworthtook up the "stenographer" matter andharassed the witness about It until atlength the Attorney General raised theobjection, which was sustained, thatthe question had been asked and an-swered lepeatedly.

Mnhaulu, being questioned on thebunch of Iioyd's checks, singled out onefor $C0, haying that was a payment onland nt Lahalna for Mrs. Boyd. Thiswas a contradiction of Boyd's evidencethat the pajmeut In question was Included In the $3S1 check.

Mr. Andiows'pioduced a laige moneybag conluliilng pieces of papci, whichMahnulu Identified as the teceptncle for,I. O. U.'s and like kept In the Land , VOffice nafe. WUiichs was asked to look,'through tho contents of the hag and see 1If tlioru woio any oilier I. O. U.'s b-e-longing to Iio)d tho amqunts of whichhad come out of public quids and neerbeen ropnld.

Mr, ChlllliiKWortli objected to nvl- - '

nullum him wiu $16,000, nonce on 1110 huujugi uiiiviw jimm-m--

jloyil obtained 11 bond In tho mim lion nivU every iwpur ns mm cxiiimi 4JTW0 with (li'Oik'u II. IMbortenn ns huio. Tint objection wan hUMlnlned. Ml, An- - 4,

Ill)

uniMHm,

gave

ilruUM did not coimlilur Hie iiiuUit of fHiilllulmil umliirlallty fur nil that trouhlu mill wlUnlmu' tlm msU. Mr Hill.IIiikuuiiIi Hindu M.iiivtKOi: imiiurkN miUiu ' ilitiiiiillo illniiliiy," miuI tliu iiiuitIihIMIi.'UhI i jury In lunoie tin lIndium,

Till! aiHMKO .MIOI'MKNTHliwUy ufui lli immiI iiuiii. I 1 "

Muluulll fld W HWll, (IfHWlttK I'' '"' UW ClMlNU HIMUWWIlK I ' I iIn. uUiy fw lilwi, lilt lu wu ! wm iw4.mi WiBjiiA. H wiiii lu wy Mr. tiljMUHjjvwijj iiUi4'd i" iMi' H4 l UMt) MftMMHi fM IWW itUi) ttwy HMM (Jm Jl ' ''fir mii Ijii ike ImIaiw u t t mu iii.li id, ,i.i 1. miii m, 1 inI hiIImi f in illnllil '' llli'f 111 111' In .til, ) Ull'l- iI 11 1 1. 1 11 II Imll I Mill f l.al.u. Ill II. II ll Will' I.A ii0 lb . ,1 11. 11. 1 ii . ....ill, r , h Uiui ., , inI Will . ' I , I 'J HI 11, , I1 1. .Ii'lf wii U HI HiMM UttfH Mwmu TIW m. ItuJ !... 11

11 11 I U i I " ! Iff i 4l "I in. . ,1 , , i ui.iii util ui 'ir i

L

HONOLULU. H. T., MtlUAY OCTOIU R It, 1994 S1SMMV1SEKLV. WHOtiK No. 2033.

4

4i

1

4

ii

OYAMA WINMNG THE I FIGHTAAAAAAAAAAAAAAAAAAAAAA-A- A

i

GENERAL OKUSAKI AND STAFF. THIS GENERAL DEFEATED GENERALCOUNT KELLER'S ATTEMPT TO RETAKE THE MOTIENLING: THE BUILD-ING IS THE TEMPLE OF KWANTU, CLOSE TO THE SCENE OF THE BAT--

- TLE. Black and White.J

(AB800IATED PBKBB r&BLEGKAMS.)

ST. PETERSBURG, Oct. 14. General Kuropatkin reports thatMhis left wing has been ordered back to the main position,

center has been forced back. 'Russian losses are considerable

ropatkin stays in the thickest of the fighting.

A JAPANESE VICTORY. ,

The

Ku- -

LONDON, Oct. 14. The press regards the battle as a Japa-

nese victory.

BATTLE STILL ON. i .t

MUKDEN, Oct. 14. The battle is still in progress.

JAP CRUISERS ACTIVE.

TSINGTAU, Oct. 14. Ships arriving report having been

stopped by Japanese cruisers off Chefoo and this port.

AFTERNOON REPORT.

TSINGTAU, Oct. 13. The German steamer Emma, coal laden-- "ed, is attempting to run the Port Arthur blockade. The Russiansare offering fabulous prices for cargoes.)

ST. PETERSBURG, Oct. 13. Oyama's forces are advancingagainst theright of Kuropatkin and are attempting to turn the Rus-sian flank. The War Office is not very confident over the outcomeof the present battle.

ST. PETERSBURG, Oct. .13. General Stoessel reports thatthe Russians from the Port Arthur garrison have recaptured SignalHill from the Japanese and the bombardment of the interior fortsis becoming more violent.

TOKIO, Oct. 13. The battle of Mukden continues with in--

I

tho

f - -?- -? .??.. - ,. .. ..

tfffKSMmrM '"JffiUk M

I l 'YJ "JJH rrjlvVIt IJ U JMiMSUK

?

t

A4 - 9 (iKJ'i-ii(iiliiiit- (i ,

KUROPATKN

DRIVEN

BACK,

IS

Center and Left GoRearward Under

Pressure.

The Battle Continues.Russia Admits Big

Losses.

creased fury. The forces engaged exceed those in the battle beforeLiaoyang. General Oku's forces have captured 25 Russian guns.Continued Japanese successes are reported.

CONSULAR DETAILS OF THEFIGHTING IN THE NORTH

Washington, Oct. 13th, 1904.To Japanese Consul, Honolulu.

'arshal Oyama's report runs as follows:(

Near Pensiho the enemy's counter attacks from all sides wereentirely repulsed. On Wednesday our right army sent one detach-ment to Shikiatotze eight miles north of Pensiho to cut the enemy'sretreat. The central and left columns Of our right army occupiedon Wednesday several eminences in the northeast of Yentai mines,and are now vigorously pursuing the enemy. Our central armycommenced operations on Tuesday night and gained on Wednesdaymorning the heights a few miles east of Yentai; capturing two fieldguns and eight ammunition wagons, and while pursuing the enemycaptured also field guns with ammunition wagons numbering elevenat Sanhuaishishin besides 150 prisoners. Pursuit by our right andcentral armies is progressing successfully, and on Wednesday theenemy's detachment with artillery being enveloped they were panicstricken at a place twelve miles east of Yentai, while the rest wereretreating northward in disorder. Our left army, since Tuesdaynight, was continuously attacking the enemy posted near the rail-way within ten miles north of Yentai. The central column of ourleft army, after repulsing the enemy's strong force, occupied Lantz-chie- s,

five miles northwest of Yentai on Wednesday afternoon, cap-turing sixteen guns. Thereupon we immediately pursued, the ene-my retreating in disorder. We captured four more guns. During thepursuit, the enemy twice made a desperate counter attack, but waseach time repulsed with heavy losses. The right column of our leftarmy, while pursuing the enemy near Shilihs, captured five guns

and five ammunition wagons." TAKAHIRA.

The significance of this dispatch can only lie realized when it isshown by comparison of luliablc maps that the Japanese arc faciiifjthe Russians in a line acioss about seventy-fiv- e miles of difficultcountry and that the tfieat attempt of the Russians to cut the huesof KtiroUi'-- j communication with supplies coming from the Yaluliver has been defeated, The Russians bent a force to I'cnsiho torut tliisi ivimmiiitli'.'itiniiq. Pimstlin :i town I hirl miles due

T ..,-- , ......,.... - .. ... .. .,., ,j .. . - - -7 east of Liaoyang and is on the road over which all of Kurokis(f supplies would have to pabs. This point is directly in Kurokt's

lu.ir I rom here one road runs through Motiun J'.isa. to Liaojnugi while another goct noithward through very difficult countij to

( MuUdt'ii, traveling the mountain in which the Yuutai coal mineso nic JfjctiU'il.

i1

f

!.

S Into riililtf of a wmiW ago wuro to tliu ufiuct that Muk-ili-would moon lie cNHi'iifiteil by the UtHteiailn tllik dlipnicli klumn tlli'lllto In lighting nt point t. twenty-fiv- e or thiitj iiuU'k toiiili uf MtiKl'ii

1 uii mr lifts- milt 1. to tin hniitliuiM

WHY THE BALTIC FLEET ISSAILING FOR THE FAR.EAST

! I'Kl ttlUHWHH, lAiwlMir I, l,Mii imkMiil liitm UtH. It I i.n.u.l,1 ' 4NNMIMMWMti itI t . . . ., MUM MJ 1 .., .,, I., bdl -- . 11 1

titfil liMU " J'" U Ml itt0l "I. litMi Jtwftl nw iti ti 4m$t&m ujm ji iiir

lit Imllt" Ji.ui im) 4 4hUiuv In lb' U"''n'yAiui i,i. Hlu ir)nii.i4ii 1 1 H iiii.i! 11, '

BOYD IS

ACCUSED

By S. Mahaulu In

Opcn Court atthe Trial.

(From Wednesday's Advertiser)E. S. Boyd, former Commissioner of

Public Lands, now being tried In JudgeRobinson's court for embezzlement ofpublic money, was yesterday nceuFCdJn open court by Stephen Mnnauiu,former sub-ngo- for the Fifth LandDtntrlct, of hnving converted to hisown use J2300, the cash proceeds

on T. II. Davles & Company'scheck which had been presented In pay-ment on a lease held by the firm.

The nccusntlon was made suddenlyand following It there was n moment'ssilence. No one spoke, the Jurorsriveting their attention on the witnessas f waiting for more developments ofthe same kind.

Mahaulu stood pat on his statementand could not be shaken In It. It wasthe first time that nny public tangiblenccusntlon has been filed, and com-ing from such a witness has nn Im-portant bearing on the prosecution ofthe case.

The following Jury was filled out yes-terday morning to try the Boyd case:

Percy Lishman, Chns. P. Osborne, J.J. Sullivan, L. C. King, Willnrd E.'Brown, J. C. Cohen, Patrick Ryan,Norman Watkins, Ilnrry A. Wilder,Tfm, T. Ervlng, J, R. Moniz and C. J.Folk.

Attorney General Andrews appearedfor the Territory, assisted by Mr.Fleming. S. F. Chllllngworth appearedfor the defendant Boyd. Jncob F.Brown, former Commissioner of PublicLands, was the first witness put onthe stand by the prosecution. The At-torney General filed In evidence tworeceipt books for 1900 and 1001. Hoalso introduced receipt No. 302, markedExhibit C, benrlng Boyd's slgnnture,dated September 2D, 1900; receipt for$G75, marked Exhibit D, dated March 5,1901, Kaneohe nanch Co., to Commis-sioner of Public Lands; receipt for$1552.50, marked Exhibit E, dated MarchE, 1901, Hamakua Mill Co., to Commis-sioner of Public Lnnds; nil receiptssigned by Boyd.

At the afternoon session Mr. Brownwas cross-examin- by the defense. Inanswer to a question he said he be-lieved Mahaulu had the combination tothe safe as well as Boyd. "When Boydwent to Hawaii In connection withOlaa land leases, Mahaulu took upBoyd's duties In the office.

M. T. Lyons, nt present sub-age- nt forthe Fifth Land District, and chief clerkin the Land Commissioner's ofilce,brought to the witness stand the leasebooks of the office, which wore offeredas exhibits. Tho Attorney-Gener- alcalled for several specified leases bear-ing on the Boyd case. The first waslease 475, to Haiku and Paia planta-tions, Mn'ul, entered September 30, 1S9S,to expire September 30, 191G. The

of the lease calls for $2,500 perannum, payable as didall subsequent lea-e- lease paymentsdue September 30 and March 30; leaseNo. 520, Hamakua Mill Co., made May18, lS99,'for 15 years at $1035 per annum,payable May IS and November IS.

John Wnterhouse, treasuicr for Alex-ander & Baldwin, testified as to acheck Issued by his firm to tho Com-missioner of Public Lands for lensesheld by the Haiku Sugar Company,dated September 23, 1900, for $2500. Thecheck was made out by the cashierand presented for payment, for whichthe company holds n receipt,

George F. Davles, director of the T.H, Davles & Co., Limited, was showna check marked Exhibit F. He wasalso shown a. receipt.

"I received this receipt," said he,"when I was acting as cashier for Da-vles & Co. It has been in possessionof our firm among our vouchers eversince. I received It from Mr. Maha-ulu."

'"Did you pay him the money?""Yes, nnd received a receipted bill;

I paid him by check."This check was for $1552.50 nnd was

dated March C, 1901."Mr. Davles, was there not anotner

demand made on you for this samesum of money?" Inquired the AttorneyGeneral,

"Yes, upon the cashier."C. Bolte identified a ipceipt given by

lilm on behalf of the Knneoho IlanchCompany to the land olllce for pay-ment of lease.

MAHAULU ACCUSES.Stephen Mahaulu wax then called.

While Mr, lloyd wuh clilof clerk underrommlmloner Drown, Muliniilu waslrk under Boyd, On tliw uter'

promotion to thu Coininluiieriililp,Mnlmulii went up one notch, takinglloyd' old place

Attorn)' luwlliu t thin Junctureprow ami tutlii ) mrMteti MmImiHID who Wiw under lulUiUuflt fur Ml)in mm ww tutu lit jtMitiu,t tu vim nix tu ir iMrlimur iliui would liurlmlniu Mm

Ji.Mbll C, D, It W WN ttMWNiii. nii, w ii i uiNtui )irv tfimiuiuui .. i. iiwumoui.

'iit n, i.m1i unit sfciufc wunl..'W, i .' JH'I I i Mirifcluf j 4u trM

1... I Mi' w

.1,11. . 1 fim pmm t jlit. I b! fc rMl)44

fi lb" I Mi fi- - tol' III v ji4i ,l.l u$lt I" lit Nfe'. tul W

..!(' I 1 tpM f4MWl

I U.r .. . r llfflHi (I

that ihwkt"V Mr lloyd "Win hit rMnr nf h wwnblnntlrm

in ih iif In mrlmbr. 1Wi I".Mutch. iMt?" ,

Thr m twn wWfithitw ne totti outside ife nnf arw in tho !lddor 1 Imil the MNiMnnllnn In thtinuind. Mini Mr. lwl Imil Hi MmMtrntmn In th Inside dwr. I PI1(imt nil money to Uoyd."

rroit.exnmitmtlon by Mr. Chillingwrth.

Vmi are charged, Mr. Mnlmulii, withn iwrle; of MonllliB from the governinnl, nre you not," Inquired Mr.rhllllncwnrth.

Attorney General Andrew win onhis feet In nn Instnnt with an objec-tion, nnd nsked tho court to protectthe witness from mich questions, Thoobjection w'ns lustnlned. Mr. Chll-llngworth said ho desired merely totest the credibility of the witness.

"You got n check from Davles &Co.?" pursued thu attorney.

"Yes, sir.""What did you do with It?""I took It to tho ofilce.""What else after that?""I took It and stamped It with tho

olllce stamp and then nttached my sig-nature to It. I then went down townand got the money."

"Was Boyd In the ofilce when youstamped the check?"

"He was. He had told mo that alldrafts and checks payable to bearer Icould attach my signature and getthem cashed."

"Did you tender your services as awitness In this case against Mr.Boyd?"

"No, Blr, I was subpoenaed.""When 7""Today."Then ensued considerable parley

over Mnhaulu having gone to Davlesto Identify his signature on the checkand receipt, it being finally shown,however, that Mahaulu had not been

to do so, except by his own at-torney, and voluntarily offering to doso for the attorney general on Monday.

"The whole matter was to see wheth-er I had the money or Mr. Boyd, saidMahaulu finally." "But I know thatMr. Boyd had that money." This wassaid with emphnsls.

Territorial Auditor Fisher was calledto the stand, but nt this point thecourt adjourned until 9:30 this morn-ing.

COURT NOTES.The "Little Joker Tobacco" cose was

on hearing nearly all day In JudgeGear's court yesterday.

Henry Smith, administrator of theestate of Kokle Ainnra, has filed nn In-ventory of the estate showing realty InKnwnlloa-kn- l, AVnlnlun, Onhu, the wetland poitlon being under nn annualrental of $200 and household furniture.

Defendant in the case of The Portu-guese Mutual Benefit Society vs. MaryAnn Kahannmnkal has filed a generaldenial to plaintiff's declaration.

Charles Phillips, ndmlnlstrator of theestate of Henry Congdon, deceased, hasfiled notice that he will present hisreturn of sale of real estate made underorder of court, on October 12, nt 9:30a. in.

Defendant German Savings Bank ofSan Francisco has filed a demurrer tothe complaint of plaintiff In the fore-closure mortgage case of Sister Alber-tln- n

vs. Prince David, Prince Kuhlo,et nl., making a general denial.

Defendant In the ejectment case ofSamuel Savldge, trustee, vs. Mnry

has filed n demurrer and al-leges that the plaintiff's declaration Isambiguous. In that It does not statewhat title, or whnt character of titleIn the land Is claimed by the plaintiff.The defendant asks that the case bedismissed. Frank Bertlemann makesa similar answer.

M. T. Slmonton, ns principal, withJ. F. Morgan, as surety, has filed abond In the sum of $1,000 ns Commis-sioner in the foreclosure of mortgageprocedlngs of H. Hackfeld & Co., Ltd.,vs. W. C. Achl, Knplolanl Estate, W.R. Castle and J. M. Monsnrrat.

A deficiency Judgment has been or-dered by Judge Hoblnson agnlnst de-fendants In the case of the First Amer-ican Pavings Bank vs. Mary J. and A.A. Montnno, for J1S99.

Defendant In the case of Mary Bucklevs. S. Ahml has filed a general dentilto plnlntlff's declaration. The defenseIntlmntes It will rely upon the statuteof limitation to prove Its case.

APPEALS FROMDISTRICT COURT

Appeals to the Circuit Court from theDistrict Couit were filed yesterday asfollows.

B. T, White vs. M. H. de Pa, as-

sumpsit, Judgment for plaintiff for $231,

Tax Asseshor vs. T. A. Has, defend-ant, W. W. Hull, garnishee. Judgmentfor plaintiff for $76.05 (Income taxes).

'Punitory nf Hawaii vs. Henry Ilo-mu-chaiged with vagrancy, sentenced

lo linprlnoniiient for olio your.Territory nf lliiwnll vs. Jimk

dunged with vagrancy, huiiIviiohI tolnipi Imminent for iiu yuar.

W. H, .Noblltl va J. W. Illi I, iiMUinpnit, JudKiiiHiit for illillff fur II 10.

1 limit Quod v. o, VmimoliH, JihIk-Dttm- tfor lilttlntllf fur flAI.lt.

K U I'iiIiu nut) I! A. iwuilitii vJ'rtliKLU'KwUKo 4MIittLutwtcUo,

huuuuiiMlt. ludmiwiit fur uuiitllff finiiN.ta immiU hmm.dI tutm) furHilulluiyr fee lit ifatfMMUMM til Id iM'li'lMill III UHiH.

UuraM Jff v. )Jmiulu J(iii4Tnuittl 'u )u4tfUtUI lr Hulniiff,fitt.Ml llrattpfcr iM tttuilirill iiHi'luHit MimM I i' liH mrnnfir pi'i

to? " W MMVliidbt eii 'MftT I'vtMiWtW'

! mi t If ""'L'HJkUMMMU' ."JM 'floii.iM

ftuf wini." m; ntumm af '" "" 'I'M um4 m lit)' MuH itultfi 1 xmHm Hi Mk I..I jMi IMttUtlolfl I' ilM ltl. ixmMMuII V Ut Ht IM- -'. tiliU h)Hm M fmi. UMW

i ,. -- . ..,.. yr .)(

r.

MwAiiANnAirrrTi, Friday nrtfiM k n, i'Kr.Y,

REPUBLICAN RALLIES IN

THE CITY LAST NIGHT

CjI-Um-T

Two Spirited Meetings Which Were Addressed by

Candidates and Others The Wine Issue

Catches On Among the Portuguese.

(From Wednesday's Advertiser.)There was something doing Inst night

nt the Itcpubllcon rally held In Roose- -velt Squnre, the vacant lot between theHawnlfnn Electric Company's buildingand tho Occidental hotel. A bandplnyed before the meeting and whentho speakers got Into action they madethings hum. A crowd of rowdies andsome Homo Killers and Democratsraised a disturbance throughout themeeting, some of tho, speakers beingalmost forced to leave tho stand on ac-count of the'volley of Jokes and cat-calls that was directed nt them. Towsowas the presiding officer and conduct-ed the meeting well. Llllknlanl was n,prime favorite and held the attentionof his audience throughout. He spokeIn Hawaiian but his gestures were soopt and his manner so pleasing that Itwas an enjoyment for even those whodo not understand the language tolisten to him. His speech was one con-tinuous ovation. E. W. Qulnn wng al-so popular with the crowd and wascalled for several times before histurn to speak came.

The first speaker was Carlos A.Long. He mnde a good address speak-ing of the Republican party as one thathad fulfilled Its promises. He scornedthe Idea that the Kepubllcans had heldback the spending of $1,000,000 of theloan fund In order to use it as n cam-paign fund by employing men Just be-fore election. He showed how long Ittook to ndvertlse for bids and to getthe material around the Horn. "I be-lieve In county government," he said."I believe that is the uplifting of theHawallnn people. I don't believe thatthey understand the present system."Long madq a plen for the making ofwine In this Territory and expressedhimself ns In favor of a law allowingwine to be made. "Hawallans likewine," he said, "even In preference tobeer. Instead pt paying our moneyto the States for wine let us have ahome industry." j

Mr. Llllknlanl was the next speakernnd was greeted by a tremendous out-bui- st

of cheering. His speech was InHawaiian and was frequently punc-tuated with shouts of "pololel" andother approving terms from the audi- -once. He spoke first of the ticket andthen of the Improvements made underRepublican administration. He out-lined the platform and eulogized Presi-dent Roosevelt and Governor Carter.He said that If a portion of the com-munity wanted to make war on theadministration it was all right but thatho thought that It was composed of asgood men as could be found In anyland. He said it anyone was to boscratched from the ticket let him bethe one, nevertheless he was of theopinion that he would be elected withnil his colleagues.

E. Faxon Bishop said that this washis first appearance In politics. He hada hot roast for Cecil Brown saying insubstance: "Bewnre of free lances.When a man is standing on n. partyplatform you k.iow what he stands forbut If nn independent he Is one whoIs going into the legislature for his owninterests nnd not for those of the peo-ple. I won't cnll Mr, Brown hard namesbut I will say that he Is playing thebaby act. He was fairly beaten andnow he Is not man enough to take hisown medicine." Bishop devoted therest of his speech to the candidates ofthe party,

W. W. Harris made a rattling goodspeech. He said In part:

"The Democratic platform sounds likea letter from Kuropatkln. It Is nil re-grets. They regret that the Repub-licans nre In power, that tho loan billwas passed, they regret that they arenot spending the loan fund and thntthe Republicans passed the citizen laborlaw." Harris soaked the Democracyfor their opposition to tho cutting ofsalaries In tho work of retrenchmentand pointed to thu fact thnt all thobusiness firms hid been fprced to cutsalaries also, He nlso quoted Inuken'sspeech made when the calling of nnother session of tho leglslatuie to frame

If kV

HIKAMMJ, JVVii ' iM

I

n new county net was being considered.Inukea then stated, he said, that Itwould be no use to refer the bill to thelegislature for tho Inlluence of tho busi-ness community was ngalnst countiesnnd they controlled the legislature. Hequoted Inukcn ns saying that he wasfor County Government not becnuse itwas best but because the people wantedIt and they should be given it ns a re-ward for the independence that theyhad lost,

"Jim" Qulnn wns tho next speaker,nnd he wnxed very humorous In thecourse of his remarks. The audiencewns convulsed when he shouted, "WhyIs the United States the greatest coun-try under God's green earth 7 BecnuseIt Is governed by the Republican party.We have three candidates for delegate,"he continued; "If we sent a Republicanthe men In Congress will say, 'Whntdo you want?' nnd he will say, 'A na-val station at Pearl Harbor, improvements nt Pearl Harbor and fortifica-tions at Knlmukl.' Then the congress-men will say, 'Oh yes, we know allabout Knlmukl, for the KaimukI Im-provement Association has kept usposted, and we know that Judge Gearlives at KaimukI and that some hostilefieet might sneak around past DiamondHead and shoot the horns off of JudgeGear's pet cow, and so you go to theways and means committee and theywill give you the fortifications to pro-tect the cow nnd Incidentally the Is-lands." But If you send a Democratthey will say, 'We nre too busy withthe Republican districts to give youanything, so we can't send you downto the ways and menns committee, butyou go down nnd find some nice littlePromotion Committee and have a nicetime In Washington.' Or If we sent aHomo Ruler they would say, 'Who nreyou? We thought that you were deadand they would telephone for copies ofthe Chicago Lakefront nnd the Buf-falo Breeze to find out who this fellow-wa- s

and would send him away emptyhanded." Qulnn praised the Governorfor making his nppolntees give htmtheir resignations ns a matter of pro-tection of the people (groans from theDemocratic ranks).

Frank Andrnde spoke in both Eng-lish and Hawaiian, lecelvlng generousapplause. His speech was clear-c- ut andshowed the Importance of the legisla-ture. He pleaded for a straight ticket.Senator W. C. Achl was the next speak-er and promised that If the Republicans were put In power that a bill wouldbe lntiodueed allowing wine to be madeIn this Territory. He mnde an appealto the Portuguese on this Issue, say-ing that It would open up n great In-dustry to them. His remarks weregreeted with evident satisfaction.

Mr. Bernnrd Kelekollo, the "boy ora-tor," was the next speaker. He spokein both Hnwnllan nnd English ns hispredecessor had done, and made nneloquent address on tho past of theRepublican party and a forecast of Itsftituie. Mr. Frank Camara nnd E. W.Qulnn made brief remarks and themeeting closed with three cheers forthe party, Governor and the candidates.

SPELLBINDERS ON

LILIIW STREET

A large and enthusiastic gathering ofpeople was present last night nt theRepublican meeting heldat the corner of Llllha nnd Schoolstreets. A cordon of torches was erect-ed In nn empty lot adjoining the streetnnd within this wns raised a platformfrom which the speakers nddressed thoaudience.

A Hawaiian glee club was presentwhich sang campaign songs ns well asHawaiian melodies, this feature beingnccentuated by a young man who hadthe hula habit badly, creating consld- -

-

AlI'Mi MA) IA MUQUh

4H&,

roli fun,John i', Inti, MmtliUl fnr pnnior.

lrMiill. Mr nvrl IiIp slilllly in tillrfiwt by IntrihlilrlnK tli iMMikftswith wiltlrinni, Iftnitt ihrW(Hh nrtedan lntrH?ter.

Ainonif tlm wRkeri wfe J. M. t)ow-e- ltnnd K. I'nxon lllshofi, cuiiillitntw.

for the Hennl, mill F. T, l. WnttrImunr., Ownr Cox, fnl. Mlinitn, KnInwaln nnd Knlelopu, wimllddlw for tholoner hous.

Mr Dim sett said he rmne up to thfnipolltw Ji"t tit plnco lilmsnlf nn

before tho people to show thr--who "Jack" Dow sett win nnd to letthem hi-n- r words of wisdom from hisUp. He said tho reason ho had Joinedtho Republican party was becnuse hethought it would be best for himselfnnd tho whole nice of Hawnllans. itwns the party of truth, the party ofprogress. Without the protectionistliollcy of the Republican party on themalnlnnd the people In the Hands hadbetter prepare to be starved. It wasnecessary os the United States Senntewas to be Republican, nnd In nil prob-ability tho House also, that a Repub-lican delegate be sent to Washington, toget action on Hawaiian bills which hadhad their first introduction In Congresslast session.

Born on the soil of Hawaii nel, Mr.Dowsett said he was entitled as muchfor support In his race for tho Senateas any Hawaiian born.

Sol. Mnhelona said If elected to thelegislature he would place himself Inthe position to carry out the wishes ofthe party and his constituents.

Oscar Cox said he wns neither a richnor a poor man, but he was a worklnpman. Ho was not running on the ticketmerely for the honor of becoming a leg-islator, but because he would hope torepresent the people of his district therefaithfully and true. Remarks had beenmade that some of the members on thoticket were not fit. For that reason heasked the people to give them an op-portunity to show that they nre com-petent. He spoke of the Hawaiian lan-guage bill Introduced by Kuhlo In Con-gress, saying that the Democratic andHomo Rule statements concerning Itwere n tissue of lies.

Kalawaia said that he was young, buthe was living to learn. He had, sinceleaving school, studied and been givena good position by his present employ-ers and he believed they had confidenceIn him. He hoped this would put himbefore the people in a way to bringhim their votes.

Fred Wnterhouse said that before vot-ers cast their ballots next November 8they should stop and consider whatthey are about to do. They were toelect legislators who were to pass thebills and appropriations for the nexttwo years. This wns important andthey should be In accord with the ad-ministration. He asked the support ofthe voters for himself and the entheticket.

Maul's KeglBtratlon.Tho corrected list of registered voters

on Maul Is as follows:Precinct: Votes

1 Kalaupapa 3102 Pukoo 1303 Lahalna 3244 Honokohau 73B Lannl 42C Wnlluku 2CG7 Kahului 173S Klhel 429 Makawao 117

10 Hamnkuapoko 24011 Iluelo 4712 Keanae G513 Hann ISO14 Klpahulu R315 Honuaula 771C Kaunaknkat 4T17 Halawa 02IS Walhee 1SS19 Xahlku 3220 Kaupo "9

Total 2544

F, WOODBRIDGEWAS ARRAIGNED

Frank Woodbrldge nppeared in JudgeGear's court yesterday morning wherefour Indictments were rend, charginghim with embezzlement In each case.His attorney, Frank Thompson, re-quested thnt the defendant be alloweduntil Monday to plead. The requestwas granted.

-t- -

There are sixty Porto Rlcans In Onhuprison.

-- GREEN SICKNESS"

The unhealthy complexionof green sickness is changedto the rosy blush of goodhealth by Scott s Emulsion.

Green sickness is one ofthe forms of blood diseasefound in young women. Thechange from girlhood to wo-manhood often upsets thenervous system, weakens di-gestion and throws the bloodmaking organs out of gear.

Scott's Emulsion puts newliunrt into pnlu girls, J( toneup the nurvoui. nnd ri!gativugylui, niui ftiodg thu bluud,Jt in u nilural imk,

)Mtmuhur ilul jo)irwil.uJ limit cmt go uii inio tmtmmpiitui itnteM jwsvwUtJ,wuU'i limmmti itmtmtt

rr Ji i in i'f 'if j i mmi

IN SHADOW

.OF GALLOWS

Jose Miranda MasDeath Sentence

Passed.

(From Wednesday's Advertiser.)The glbblt, the noose, the black cap,

the springing of the trap and death byhanging Is to be tho fate of Jose Miranda, the murderer of S. Edward Da-mon, Judge Genr yesterday morningsentencing the man to be executed. Thomatter Is now in the hands of thoGovernor to set the date for the lastact.

Judge Gear's sentence was brief andconcise:

"Jose Miranda, It is the sentence ofthis Court that you suffer the penaltyofr death that you be hung by theneck until you are dead and may,God have mercy on your soul."

Tho prisoner for the first time be-trayed an nnxlety ns to his fate, forin voluble Spanish he rapidly spoke infavor of a life imprisonment.

The sentencing of the prisoner at-tracted a large crowd to Judge Gear'scourtroom. Miranda was brought totht room bv detection MfTinmo TOVior,a Spanish Interpreter was found, Mir-anda was brought before Judge Gear.Tho latter leaning over on his desk,addressed the prisoner:

"Jose Mlrand.i, the Grand Jury of theTerritory of Hawaii drew an indict-ment against jou charging you withthe crime of murder in the first degreefor having killed Samuel Edward Da-mon. You were thereafter duly ar-raigned and tried on a plea of notguilty before a fair nnd Impartial JuryIn this court, the court being legallyconstituted. You were assigned foryour defence two of the ablest and

' ,,., . fl

Lit iir ? h

MIRANDA THE CONVICTEDMURDERER OF S. E. DA-MON.

most learned members of the bar and!were by them faithfully nnd ably de-fended. The Jury after due considera-tion returned a jprdlct finding youguilty of murder in the firs: degreennd on thnt verdict the law Inflicts thepunishment of death."

As the words of his honor were trans-lated to him the doomed man palitstrict attention, once or twice nodding;his head slightly as If In token that'he understood.

"Have you anything to say ns towhy sentence should not now be pass-ed on you?" nsked the Judge.

The statement was translated IntoSpanish for the benefit of Miranda,who replied that he was drunk nt thetime. He added that the Jury mighthave found him guilty but he did notfind himself guilty. The Judge repliedthat was a matter for his own con-science, between himself and his God.

Tho court then pronounced his sen-tence.

Miranda nt once became active. Hesaid he was not satisfied nnd asked tobo sent to prison for the remainder ofhis life.

Judge Gear said this wns Impossible,but ho had nt least two week beforeth date of the execution would be set,during which time the prisoner couldmilk.) his peace with his Maker,

Miranda was then returned to Onhu1'rlKMi, mid n death winch wan placedover, to remain with him until the dnytie U exreuti'il, 1,11 night ho washlng on the floor of )iln ceil with lilthfUi) clo o Dm united door wherennturn)itlit fll upon it. Th wnrdi

Mkcil him Ii""' li u jKitiiiu alongand In H fttliit vui Im null "Vtrywell " Miranda lo fi III l"'lI ll

TOILS ARE TIGHTEN

ABOUT EDWARD

In

A

(From Thursday's(Front of paper In E. 8,

"Should Auditor come In to check,nnd f no question nsked everything0. K.

"If anything turns up and they doubtyour explanation

"If checking satisfactory(Back of paper In 3. E. Mahaulu's

"This is Intended for this reason.Mr. Boyd is about to go to Hawaii &If during his absence my books shouldbe experted I have to Telegram to himas per directions."

"The New Willard,D. C, March 6, 1902.

"My Dear; Steve: I have not heardfrom you folks yet What Is the mat-ter. Say Steve, you send me $300. perdraft from Bishop & Co. payable onthe Bank of California, and send thesame to my address and In care ofMr. Franklin H. Day, Masonic Temple,San Francisco, and drop a note to himto hold it for me. I may not need It,at any rate I don't want to be caughtin a mire. I tell you Steve It costmoney to live here, and that Is nil Ican say. Do this favor for me. I willknow by Monday when I will be ableto start for home, and I hope that toTie damned soon.

"My regards to all the office staff,also yourself.

"Tour very truly,"NED."

Amongst a perfect shower of exhi-bits with which Attorney General An-drews surprised E. S. Boyd and hiscounsel yesterday afternoon, in thecourse of cross-examini- the defend-ant upon the stand In his own behalf,the two foregoing pieces of documen-tary evidence are among the most strik-ing.

Scores of other exhibits presented onthe same opportunity consist of E. S.Boyd's receipted private bills andnotes of hand, his I. O. U.'s and

that he said were not1. O. U.'s all of which he

had been paid out ofLand office moneys belonging to theTerritory of Hawaii. These

too, were made by Boyd Inanswer to bearing up-on his sworn statement, on

by his own attorney, that,after the B. H. Wright incident In thePublic Works Department, the prac-tice of advancing money to officers ofthe Public Lands Department on I. O.TJ.'s or otherwise against their salarieshad been stopped.'

The evidences of debt In question, Ifhere printed in fac simile, would coverseveral pages of the Advertiser. Theyrepresent some thousands of dollarspaid on E. S. Boyd's private accountout of the public money of the Terri-tory, the payments extending over aperiod beginning in 1901, when Boydwas secretnry, and ending In 1904, whenhe was Commissioner of Public Lands.

Many spectators were In Judgecourtroom at the height of the

dlvulgences, Jurors released from othercourts having flocked In, and the sensa-tion created was Intense.

Boyd's present trial Is upon the In-dictment charging him with embezzle-ments while he was secretary of theLand office and sub-age- nt for the Ilfthland district. Other lndictment3 forthe time that he was head of the de-partment

anas Commissioner an still

pending.STATEMENT OF DEFENSE.

Mr. when the prose-cution had restedat 2:53 p. m., madea brief statement of the line of de-fense to .the Jury.

"We propose to show you," counselsaid, "that In the Land office there wasa much mixed up custody of money,that different persons were in posses-sion of combinations of the safe, thatthere was no particular person to col-lect

tonnd receipt for money, that the the

defendant was absent fiom the officemuch of the time covered by this com-plaint. We purpose showing thatStephen Mahaulu, the only material nywltnccs for the prosecution, was underarrest chnrged with the embezzlementof moneys in the Land office; also thnt uttills cnFe ngnlnst Mr. Boyd Is givenprecedence over many othor cases en-tered prior to It on the cnlenilar. Further, we will show that tho stamp nndflgnuture on tho receipts exhibited bythe prosecution were put on as a mere-ly

howperfunctory

Mr. then began calling not

wtiiejitii, line testimony In report-ed In ll order below,

MORNING HUSSION, p,J. II Fisher, Amlllur of Urn Territory, of

Meillll1.nl lloyd' rwelptu for wiluty asub'fijnt urn! fwcrHMiy of tliu llftli

1.1 nd ilUHU't 'mm Jfoplvnihor, 1009, lu Mr,llur'li, 1101. inclusive, Ml IT( a innnlll. HullTim luyimuit nl llit fur llwlkil ktugtir I In1Co.. IttUtt, iiimlv by Jului Wlf!i(Wlfit III ulllm ut AllluW A, MldttlM, I liwJ.M., iliuttii by dwOliiJuiir imJi.VMM llUl jrtlKllid III 111 Mild OllllH ilNbook Tli miiui mm uui miuUw Kulii ito TfMtjr', Vliiw lumw HitIhu If it ImmI Ijmu ttytfMjt-H" WiJ ml MUt vmIj IftMif uW kwfituMii mm ("! 4utmU4 jjt) wt itmi"'iiii A'..n44ii i u mwdtf jt" iitNon ill dill' ul mlpi alMHiM !)? MMn (M in iiik hiuk mutt mm- - Mtmt f4 .l liuwu b Itw UMNM, H IMtill 14 " i.i i ...i 4Uoiaj fiuin iii

sxssssx

S, BOYD

Confronted With Damaging Testimony Writ-i- n

Private Bills Paid By Public Anxious

About Auditor's Movements Cipher Code.

"INTENTION.

handwriting.)

"Washington,

"memorandums"categorical-

ly acknowledged

acknowl-edgments,

crosi-questlo-

oxamina-tion-ln-chl- ef

Chllllngworth,

proceeding."Chllllngworth

Advertiser.)Boyd's handwriting.)

"TELEGRAM."Received mall No rply required

"Received mall will reply.

"Received mall reply unnecessary."

stub. There was no record of the de-posit of this J250O up to June 30, 1904.Witness testified regarding the pay-ment of rentals by C. Bolte, JC75. nndby Hnmakua Mill Co., J1552.50, shownby receipts exhibited. The Land Officecash book wns In the handwriting ofEdward S. Boyd. Finally he wns ask-ed by Attorney General Andrews:

"From your examination of the booksof the Treasury nnd of the Land Office,have any of these three sums been paidInto the Treasury?"

"No, sir," wns the answer.Mr. Fisher Identified a letter to his

predecessor, H. C. Austin, giving' a list"I want to refresh your memory.

Did not Mahaulu come Into the officenfter being ariested and tender his ser-vices?" Mr. Chllllngworth asked.

"I don't think he did. He did notcome there at my lnvitntlon. I think hecame In consequence of a conversationhe had had with Mr. Pratt. I cannotsay what that conversation was. Hedid talk of some matters under Investi-gation. I don't believe he was theremore than one day, about half an hourone morning. He gave me no particu-lar information. His information wasof no partlculnr use to me, as all theinformation I got was In checking upthe books. This showed me that cer-tain payments of leases were aban-doned. The subject .of conversationgenerally was the books of the LandOfljce, why the genernl lease book hadbeen discontinued. Had at thnt timediscovered nearly all the matters andthings about which I have testified thismorning. May have asked Mahauluone or two questions about what I haddiscovered, ma not nave much conversation with Mnhnulu while he wnsthere In the office; had none at nnvtime subsequently. Previous to Maha-ulu's coming I had Pratt with me nndwe knew of the defalcations from theabsence of entries. I had a list. Allthat was left was to compare this listwith the accounts of tho leaseholders.When Mahaulu came In I asked himsomeiuing about tne books. Had verylittle conveisntlon with him. It wnsintimated to me that Brown wouldprobably come Into the office that morning."

J. L. Horner, a Circuit Court stenographer, was next called. He was present at a conversation between Mr. Boydand Mr. Peters (Deputy Attorney Gen--era- l),

in the Executive building, In alittle room oft Secretary Atkinson's of-fice.

Mr. Chllllngworth checked the witnessfrom answering a question ns to whatthe conversation was, saying:

"I think the court should scrutinizewith great enre those star chamber In-vestigations held for the purpose of ob-taining evidence." He thought it shouldfirst be shown that the defendnnt hadbeen warned before the conversationthnt what he said might be used Inevidence against him.

Judge Robinson did not know anyrule of law which required a personmaking a voluntary statement to becautioned.

Mr. Chllllngworth said this was notInvestigation held In defendant's

own department, but one by tho pros-ecuting officer with u stenographerpresent, for the purpose of obtnlnlngevidence. He thought he could produceauthorities to show thnt where u traphad been laid tho evidence was not ad-missible unless the person had beenwarned. The evidence offered wns asurprise to the defense. It might betaken subject to motion to strike it outnfter he pioduced authorities.

Judge Robinson said the dnmngowould be done then, as it would be hard

disabuse the minds of the Juiy turneffect of a confession.

Mr. Chllllngworth said It would takesome time to look up the bonks nndspoke of being homewhnt hnndlcapped

Hie witlnltnwnl of Mr. Dunne.Mr. Andrews referred to the strong

objections counsel hud raled to delaytho outset iih Inconsistent with the

finest for time In tho midst of thotrial,

"Mr. Attorney General," the courtremarked, "those leciimlnnllniiH areKoneiiilly IminhiiHt. Mr. Clillllngumth,

much time do you want'."Mr, I'hllllngwnrUi thought lie could

very well look up the nuthoiltle onmull mi inipoiium point befuiu 12o'clock.

The court nt 10: M took nH until 2in.the nilli'iim of I lit) Mn1 Olllro, which

wm Klifmil by IJ, H, lloyil, mmtvIhO'.f.'iiwH.MXiunlmMl by Mr. ('Iillllinnrmlli,

I'Uhnr euM m Iwinnl his NltHtwiuiitHi inoimyM hi ttol liven jwibl Into

TmHsmy un llm ybni of iiiiIohIimiIjiI I. pi 11 ii the Auditor! nJ

Mini iiitiiMN. on uipy nl iiiw r.Wil w impi by ili Auditor. Uh

Ml sIiiimii by III AudlUW biMilW.iliM iii4 by Ui Mn4 UUUm It)

mum uf u iwwipiv tiutwu by tinili bunk, WHni binl mini ait

bMMttV MiftilMMIvM ut lit WmuIui utMM liitiui), It u4 inriniiiw tmm tktm 4r

Uutmm Smm Um wu mm m,WHH MMf W tmlH, ! m

ffMlilll III Mil Frtr UlH pftHKI-H- lI. ;pf tli ir Imil ii.i Ifilxr ni.mlil lull

fill i.ll nS Wltnms t .11t . . II tm it rUS Kf Hi t liitil. l is t l'.ef ' uitis thn s i inn,, r, , hi. ,,ii, i. Tli v lniMfil nrnutiil

II .' It'll till iKx'tt itllltlrSS iHllif( niik It nits nut writ tn up, Wlltiess

ih- - tnoM of ll up himself, siilnc en-- 1- belli limli liy M. T. I.ynns lltlilcr

Ills dim lion Asknl MillliUllll Mil)' (hilunik linit breu nbfllidnninl nnd ns toldIt w.is by lloyd'H Instruction. (t'onvcrsntloit ruled nut on Mr, Chilling-north- 's

iibjectlnn.)Relieved Mnhnulu hnd been arrested

thru, presumed he wan out utl bull,Mnhnulu did tint volunteer assistance;Mini' Into Land Office one day witnesswas there,

AFTERNOON SESSION.

When the court resumed nt 2 p. tn.,some time wns spent over the admis-sibility of Stenographer Horner's evi-dence. The witness was examined inthe absence of the Jury, with Illstranscript of notes of the interview, asa basis for argument. Mr. Chllllngworth objected to the evidence on theground thnt the conversation betweenPeters and Boyd did not relate to thespecific charges In the Indictment. Hequoted "Qreenlenf on Evidence," nndnrgued thnt the report with Its dialogue

"There was a shortage:" "No, therewas not:" "Yes, there wns" showedIntimidation and threats enough tobring the Interview within vthe ruleagainst such evidence. From n UnitedStates decision against evidence obtalned "by the exertion of nny ImproperInfluence," he contended the evidenceshould be excluded, ns the defendnnt wnsthere In the custody of the High Sheriff,his denials were contrndlcted and nrepetition of the question if there was ashortage Implied an imputation thnt thedefendnnt was not telling the truth

After considerable argument the courtruled the evidence ndmlsslble, Mr. Chllllngworth noting exceptions.

Mr. Horner, the Jury having beencalled In, testified thnt Boyd, Petersand himself were the only ones presentIn the tower room off the Secretary'soffice at the meeting on May 20, 1904,so far as he recollected. J. W. Prnttcame In later. Boyd was not In custodyso far as he knew. Peters asked BoydIf there wns any shortage In the LnndOffice nt the time he gave up the officeof secretary nnd sub-nge- nt to becomeCommissioner. Boyd said there wasnot and Peters asked him the questionrepeatedly with variations, In substnncenccuslng him of lying. There wns ex-amination of Boyd on specific nmounts,Witness could not say If the sheriff waspresent, thought he saw him Immedi-ately after the Interview. Did notknow how Boyd got there; he was inthe room when Peters and witness entered.

Witness was not allowed to read fromhis report, though permitted to refreshhis memory therefrom. He wns notquestioned on the contents beyond whatwas necessary to prove that Boyd inthe Interview denied that there was nnyshortage.

J. W. Pratt testified he was presentat part of the conversation in the towerroom on May 20. Boyd was not underarrest nt the time.

Cross-examine- d, he knew Boyd wasnot under arrest because after the In-terview the Governor censured the Attorney General's Department for notplnclng him under arrest. He mighthave arrived In company with the HighSheriff, but was not under arrest.Witness knew tills from a conversationwith the Governor In which he tookpart.

A motion to strike out Mr. Pratt'sevidence was denied.

The prosecution then rested.EVIDENCE FOR DEFENSE.

Mr. Chllllngworth, after making hisopening statement to the Jury for thedefense, called John Waterhouse.

Witness had searched that day, by re-quest of counsel on both sides, for thestub of the Haiku check but could notfind It. On he saidthe transaction took place before hehad engaged with Alexander & Bald-win

A. M. Brown, High Sheriff, recalledhis having accompanied Boyd to theExecutive building on May 4 Inst.Boyd went there at his request, witnesshaving received a message from Sec-retary Atkinson saying that the Gov-ernor wished to 'see Boyd. Went therewith Boyd in a hack. Thought he hadasked dipt. Parker If he had seen Boydabout the streets. At the Executivebuilding Boyd nnd he went Into a smallroom adjoining the Secretary's office.Peters came in and witness went out.Might have heard n few words but didnot iccollect what they were. Cameback from the building nnd had a tulkwith the Attorney General, ns a resultof which he arrested Boyd the sameday.

Cross-examine- d At the time of goingto tne hecretarys office Boyd was not,under arrest

W. It. Sims, clerk of Circuit Court forJudge Gear, was nsked:

"Hnvo you on Indictment on filengnlnst Stephen .Mnhaulu?"

The Attorney General objected, chal-lenging the purpose of the question.

.Mr. Chllllngwoith said It w.is nskedbecause there waH nil Indictmentagainst Mnhaulu for an offense of thesame kind ns tho defendant was charg-ed with, lonunltted about the samelime. Ho wanted to test the credibilityof the witness.

Judge llobliiHon nsked how could thattest Ills oii'dlblllty. If ho wiih convictedIt would bo dlrfuittiit.

Mr, AnilrwvvH wild If tlio wltiiftHM rniililpiovo that Mnhnulu wiih convicted forttuHllug Ihut very iiioiiuy or wvun lnilliiled for nii doing. Dim mvIiImiicd mightbe iiiinjMiii.iii. ah a nuttier of fHci hWHS lllillelBll for Hlwillng ilinvmiitlimni'V, unil lh pinponwd uvlili'iic mumuIiihihI.

Tim oliJiH'tlon wns misUIiihiI.Til 13 JJl'.l'UKIMNT I'AM.IJn

ieild H. Iluyil, 'llmul-i- nIn IblN LIMM, In aVnluibr, 1km

w MNifuUiy ut lb MlW iiJ!lM unilMib'ftH)! Ir Hm MU U4 4rbi ut11m uawidstu MN4. TUNftM4 rul i0i)iiiy Uji kUti ut itilrk aV Mm ltul UJS, ruin wmv

Mi MHMi um mm mmwmm m iw WW JHPW? wMMW mun w t&M AiihHH, fa MMttimm mp im

PMSMMMMaMMaMaaMatasM

lonk li)' MnliSlilU, Hi rltHtl Wrtrkilohe liy lh im" iltlt

llfiifr,! Urn liirsMtiftti1 rallsi tfit IllsHiinmr l. i Mpls .h tn id mil byKlUlfM nnd Ids ii.'k J lniK.iwns i "inhilssliiii.'r llii Mltni'ss imhtnry, Htrplirn Msliiuln ink nml hook- -kef nml tlimv wir n lrk nnd t).tiler, nml n tmnKT. Mnhmnii sfiuploynl RWipnilly In the wufk of lbsoilier.

Miiiirjh of the nlllr wtro kept In nsafe, n safe wllh n nsli till. During myiilni'liie Mitlmulil liitil niTrss to Unitsafe. In my absence ho Imil the comblimtlims to the safe In Its cittltety.Mr. llron hint access to the outerdoors,

In September, 1900, I was In llllo fromthe ISth to the Slth, when Mahaulu hndcontrol of the ensh. I resumed controlof the cash on October 1 after my return.

Q. How did you nrrlve at the correctn mount jou received?

A. I would not know what was re-ceived until tho first of the month forthe month past. I took the cash fromthe llrst of the month. Tho Septembercash was deposited In the Treasury.Mahaulu did not enter up the cashbook. I entered up part of It before Iwent to llllo and the rest of It after Ireturned. I procured the entries fromtho stubs. The amount I received fromMahaulu Is the amount shown on thestubs. There Is nothing but the stubsfor data for the time I was absent atllllo.

Sometimes myself and sometimesMahaulu made out the statements forrents. The statements are segregatedby the different houses In town repre-senting different plantations, given tothe messenger, nnd when he returnswith the collections they are enteredup. (Handed one of prosecution's ex-hibits) That Is my signature.

Witness was asked about the nameHakalau written in the paper exhibit-ed and then cancelled. He explainedthat he had been told It was a mistake, and he tore up the stntement andmade another. That was why Hakalauappeared on that receipt.

(Shown a receltp dated October 2,one of prosecution's exhibits) I do notknow anything about the surroundingcircumstances of that receipt.

Q. It is the same number ns this?A. I told you already that Stephen

Mahaulu handed me the receipt. Tomy knowledge thnt money ($2300 fromHaiku Plantation Co.) was never paidInto the office, nt least not to me.

Q. What would have been the propercourse to pursue in this case of receiving payment by check?

A. The proper course would havebeen to enter It on the stub. Once itnppears on the stub It must go Intothe book.

(Shown receipt for $675 from Kane-oh- eRanch Co.) That Is signed by me.

I never received that amount. Fromthe testimony adduced I would sayMahaulu received it. (This statementwiis ordered stricken out as a mereconclusion of the witness.) I do notknow of my own knowledge who col-lected that.

Q. Would you know If you receivedthe money?

A. I never received the money.(Exhibit of stntement shown) That

Is my signature. The body of the billIs written by Mnhnulu. After Maha-ulu made the bills out the next thingwas the collection. The stamp and re-ceipt had to be put on before the col-lection.

Q. Could the amount be collectedwithout those marks?

A. When I wns In the office I sign-ed them. I took for granted that theaccounts were correct when handed tome.

Q. If a check for the Land office Ismnde payable to bearer, who ought tocollect it?

A. If payable to bearer anybodycould collect It.

(Exhibit of check on Bishop & Co.for $1552.50 shown) The endorsement Issigned by Stephen Mnhaulu, I heardMahaulu testify it was endorsed by myorders. To my recollection I gave nosuch orders. I do not remember thatamount. I was always willing to signchecks.

On March 6, 1901, I held the sameposition as I held In September 1900.Subsequent to those dates I was appointed Commissioner of Public Lands,think it was the "th or 8th of May1901. In the period from September1900 to March 1901 I was absent fromHonolulu on official business, oncefrom September 18 to 21 and again themiddle part of December, cannot sayexactly the dates. I was not away dur-ing 1901. When I was away Mahauluhad charge of the office bo far as cashIs concerned. Most decidedly be wouldhave authority to make out bills ofthat sort.

In the month of May 1904 I was call-ed up to the Executive building In con- -nectlon with land matters, I wns sentfor. I wns up on Llllhn street (wit-ness mentioned a relative, there whowus at the point of death). CaptainParker told me the High Hhcrllt want-ed to see me. (Wltnes told of the In-terview as having been reported cor-rectly by Mr. Horner.) I hnd noknowledge at that time of nny short-age,

CATEGORICAL DENIALS.Q, Iluvo you over, directly or Imil-reotl- y,

taken any moiieyH of tho Mudolllco except wliut you wur untitledto ns salary?

A. During Mr. IIiowii'h time therowax ii piuctlcu of advancing money tocmploytiH, not excluding Mr. Brawn,Wh'iii tho II, II. Wright inutlur imiiioup It iu Dtuppoil, 1 innuii tliu nil- -vuiiL'lug of money on miIiiiIoii, TIiu ),O. IV uiu iHilnwimxl ut the oinl uttint month. Otlivr moneys hiIvuiicciJtrum Dili oh)) wr for expsiinun, audiu iiuiiuilui fur tliu ivHjH'ilur,

Q.Tlinim ur tlw uiily fumi Hintvijij kiMiw of lu Ihum bwn luktm fromlb M4 Ulllu (tilling tlWI UllMT

A.-"- lr.O.-I- HU yu vr kvbutmat fiuin Uil4 "U iM eilb4 lu Dili"difUiiil 0ft4lMj Hut w l0wU9m)1J) yiu w u& ), ! r atit

fVJi JHtWiipuftflftl Urn mm m r

Af-- i w m, i wtu urn mmmPPbBW Jp WPJWP"T"j ' J JHPWllPMtf

JMilV JMgjyMg mllmM In kM

THE QUEEN, THE ALUS

AND ANTI-DO- LE PLEAS

Out In the Fifth Jimmy Boyd, Sol. Mahelonaand Faxon Bishop Commend the Straight

TicketA Hula Hula Dance.

(From Thursday's Advertiser.)Confidence In Governor Carter nnd

his administration of nrfolrs In the Ter-ritory wns the keynote of the reasonswhich Chnrlcs W. Booth gnvu Instnight at the meeting of RepublicansIn I'uuon, for his conversion from thoDemocratic to the Republican party.Mr. Booth came out strongly In aspeech which wns not only full ofpraise for nil that tho administrationhnd done and was doing for the peo-ple of the Territory, but he denouncedthe party to which he had hithertopinned his fnlth. Mr. Booth presidedat the meeting nnd his first appearnncoon the stage was the signal for anoutburst of enthusiasm which echoedand In the valley of Pauoa.

The meeting wns held nt the school-hous- egrounds, nnd was preceded by

a torchlight procession of nbout 200people. The procession wns headed bya band. Next In line came the "ReaShirts," Faxon Bishop's stalwart

The lino of march was upEmma Btreet to Pauoa. G. K. Lowewas the marshal, assisted by DavidKauhanc. In the school grounds ahigh platform was erected nnd nenrbywere two patent Hares which shed nbright light over the big assemblageof men nnd women. The Republicanquintet club wns present on tho plat-form. The meeting was not only largeIn numbers but In enthusiasm as well.

When Mr, Booth, who was Intro-duced by John C. Lane, mounted thoplatform, he was greeted by tremen-dous cheering. A young nnd winsomeHawaiian girl followed him to theplatform and dropped a mallo and le-h-

lei nbout his neck. After the usualgreetings Mr. Booth, speaking eloquent-ly In Hnwnllan said in part:

"I am not hero tonight as a candi-date for office, but I have come heroto let you know why I have left theDemocratic party nnd Joined the Re-publican party (applause). I have doneso, not because I was In the Demo-cratic party, went to sleep and wokoup the next morning a Republlcnn, butfor better reasons. First, I have fullconfidence In Governor Cnrler, because.I know him, because he has lived InPnuon and because he was born rightbelow here. I have every confidence Inhim, which I did not have In Gov-ernor Dole. If Mr. Dolo were GovernorI probably would not be hero tonight.I believe in Secretary Atkinson. Howas born here too.

"Some of you will ask who Is thohead and tall of the Republican partyon the mainland, I will answer: Presl.dent Roosevelt. Some of you will askwho Is the head of the Republicanparty here In this Territory? I willsay to you that It Is Governor Carter.(Applnuse).

"If any of you ask who Is the leaderof the Democratic party here I canguess thnt It is Kinney. He Is its headnnd tall. Who Is Mr. Kinney?

"Was it not this Kinney who de-throned our Queen? Look at the character of this man In the past. Heonce told me that it I didn't sever myconnection with the Hnwallnna Iwouiu ho lianceu.

"During the last session a Dili enmoup for the extension of School streetand wag passed. I had been beforeformer legislatures and nsked them tomake the Pauoa road extension (Fortstreet), but they shook their bends. Ithen appeared before Governor Carternnd asked him when this extensionwas to be built. He s.ild he would notrest until the road was built (cheers).You can nil see that thnt road Is builtand Wo are having the benefit of it.I have already driven over It.

As for the Home Rulers, wo musthave sympathy for them becnuse theyarc all Hawallans, but they have,founded their party on wrong prlncl- -pies.

"Politics here today can bo compnrtfdto the days when Noah's nrk wns Inexistence. Noah, you remember sentdoves out from his ark nnd one return-ed with nn ollvo braijch. Governor Dolowus like one of these doves. He wentout nml returned with nothing. Thenext dovo wns Governor Carter. Howas sent out and returned with some-thing. Thnt Is tho leason I nm nowa Republlcnn. I am a Republican nowand forever. Elect the full Republicanticket. If they don't ilo right you canHalt them down, but I bollevo thny willbe alright ami thcio will bo no needtu H.ilt them." fApplause)

MR, DOWHHTT SI'EAKS."Jack" Dowsett wan next Introduced

as a nm n who wiih a JiuwiiiinuthtoiiKh nnd thioiigh, nnd who limlliwriluil iiiid of the nice.

Mr. Powm'U wild thin II uh n piuiidiimuiunt for lilui to mm so many ilu-n- x

of IIhumII l ml inlHliMlwd In theoiiiisn of pullllrH anil iwit.'lnlly n thei iinw of Din ittfiiihlltttii irfy.

'It U it pimiiiI thing In in. hImo," horunllnuwl, "lo lluil iliftl m Uttiiittnliiuwbu Iim bwui htdiikjlil up In I'mwou''lutiJwy lkMJibb iM.'hjwl to mmul byllisr Jipul4l"ip iaiiy In tlila rtinpwltfo

bjuk wiiuii blin u IUlln, fur liI iniu'lMlly iiiutb wIImiiurn m I. in b U4 hi y owii,fur b uwt nu JuIiimI in pwiy Hintulll ImmmMII y ml nm u4 ll ib H"u ul ttm IWr liury

"istMi ) I Mt4 MflHMMi tbl MmhIWilli Mair iutUU nUI, Ptiutm KmMm.

tttWttk VuHuV in iNNsf ItlJIt MUNlJl, ittfI MttaHfM Mtml imJkA igu miUPflr w JIMff P JWm

hear Kulilo speak? Because they knowthere wns a kelkl n I II of your own rncout the head of the Republlcnn ticket andthey wanted to henr from him why heshould be at the top of the ticket.When you see one of your own nativecitizens like the kelkl ulll working forthe Republlcnn ticket, when you seennothcr Hawaiian citizen like CharleyBooth, and when you see another citi-zen like me working for that ticket,surely to God, can't you see that womust be sincere In our efforts to bring'victory tn that ticket?

"Do you suppose that I am runningfor office on the Republican ticket withmy eyes shut? No, It Is for tho benefitof you Hawallans. Do you supposethat I, whose vote as a Hawaiian citi-zen was taken from me in 1893, depriv-ing me of the right to vote from thattime up to 1900, that I, who refused totake the onth of offlce to any govern-ment unless In my own opinion I felt Iwas right In doing so I say do yousuppose I Joined the Republican partywithout coming to tho conclusion thntIt was the only party that could helpthe Hawallans nnd the Territory ingenernl?

"I originally stood against It becnuseI was opposed to the overturning ottho monarchy. I wns opposed to an-nexation, but It came and stayed. Ihave felt It my duty to come forwardand enter the political arena at thistime to do what I can for the benefitof you people nnd the benefit of the Ter-ritory nt large, nnd thnt Is why I avk.you to vote for me ns a senatorial can-didate.

"I wnnt nil you Hawallans who maynot be Republicans to take this matterunder advisement. Look nt me. I haveInvested everything I have fln tho Is-lands. I married a Hawaiian. I amhere to stny with you alawys. I weigh-ed tlic matter myself, carefully, and Idecided there was but one party tostand for the future prosperity of theislands and thnt is the Republican par-ty, tlic party for you nnd tho partfor me. (Applause.)

"Look at the Intelligent platform otthe Republican party, and then at thobotch of a platform of the Democratswhich Is filled with personal nbuso ofGovernor Carter nnd his administrationand then choose.

"Thcie are Important matters to comoup In tho Legislature and you want thobest men to go there to pass the laws.I say why can't these bills bo Introduc-ed by tlie best party tho Republican,rather than by fools, lawyers and otherprofessional men (laughter and ap-plause)." ,

John Lnno then mnde an eloqujntspeech In Hnwallan, nlong the lines ofhis speeches nt other places.

Jack Lucas made one of his charac-teristic speeches In Hawaiian, ivlilchconvulsed tho audience with laughter.

REPRESENTATIVE HARRISSPEAKS.

W. W. Hnrrls spoke of the poor qual-ity of legislative material among thoHomo Rulers, nnd especially thosewhom that party sent to the Inst legis-lature. A soda water bill was up In thoInst session. John Gnndall made thospeech of his life In favor ot the bill.Kaniho, n Home Rule statesman, spoketo Gandnll and said, "Suppose I buy acase of Boda water and drink It andthen put the bottles back in tho case,which I might place on a table. Thensuppose some cuts or dogs Jump on thotable overturn the case nnd break thobottles, who Is to pay for the bottles?"Mr. Gandnll replied: "You pay for Ityourself." Kaniho then said, "Wo mustkill that bill because they make ua re-sponsible to tho people for the acts ofdogs and cats." That Is tho sort ot leg-islation the Homo Rulers dwell upon.You must send responsible men to tholegislature.

"I want your votes," said Mr. Harris."I nm ns much n Hawaiian ns any man.You know I have always befriendedthe Ilnwallans and always will, (Ap- -plnuse.)

OTHER SPEAKERS.When Faxon Bishop mounted tho

platform he was greeted with tiemeifdous cheeilng. Tho ciowd yelled "llbtlfhoarse, ilo snld the big crowd presentshowed thnt the Pnuon precinct hadplenty of enthuslnsni, Ilo wns pnrtlcu-lail- y

pleased to be on the stand at tillstime, owing tn the fact that such nnold resident as Charley Booth had de-cided to stand on It with him.

Ollmr speakers later In tho eveningwere Frank Audiade, Carlos Iing, E,W. Qullin. R. N. Boyd acted us

for all the Eifgllsh spuakeiu.

THE Fl FTiPfilSTRI CT

HEARS PARTY ORATORS

Tin' 'lltilf liulu felt light atlinnm lust iituht ut the rally t Jv'ullliluiul Uioy hud tin li' fimirltu uiiiumentUi nillwii lb" mauling. Wlillu tlmililliiUt club isiu playing a familiallug buU UuUfHi ill una i lis uf J I.'ii'ili IIUIiup nml Iliuv ut Hi Mil.

bWtMut a iMiiiMbi pupjuiiur ot DmWill JjiMrit-- i lU'lint wlio hu'l lmb0elluu fily ut Hut Mip tlm I ulir b'mi'

4 luiu lb ilUK umj buiiuii 1Ow M in ClJu iwmi mi'' fl

fMfclMU JJttttr llWUgbt nt .'jl'UM iimii HA) tl" tfo'O'h 0JUNli VM4 llll (JiilflliJ WW li" yrH'

iXyiilli.un) u Hiw (I

liaiKfazew.jt& l tilt t'orinfflr of Honolulu,

M. T 1UeonlrtiiM MMIr8EMUWCCKLY.

MiU&D TU68DAV6 AND WDMS.

WALTER 0. SMITH, Mtoc

BunecniPTioN iiati:8.Vr Month , t .

tVr Month. I'orclen ................ Mf Tlif ,i E00tr Tnr, Foreign SMPayable Invarlablu In Advance.

rniDAY

A. W. PEARSON,Manager.

OCTOIWIl 14

SPEEDY JUSTICfc.

Bcnnt two weeks from the day lie

killed S. E. Damon, Jose Miranda wonentenced to be hanged and It If prob-

able that he will die within the month.This Is justice of the English pattern.Indeed some English oases, renownedfor their celerity have taken twice along-- . In the Instance of Mrs. Dyer,who murdered many children, It tookthirty-seve- n days to find nn Indictment, two dajs more to bring the caseto trial, fourteen minutes to get a jury,

' two days to try the case, five minutesto get a verdict, fifteen minutes to passsentence and three weeks more for thehanging. Mrs. Dyer suffered the pena-lty of her crime sixty-thre- e days afterit was discovered. About the same timethe American method was exhibited Inthe case ot Durrant at San Francisco.It was 104 days after the arrest orDurrant when the selection ot jurorswas begun. It took thirty-eig- daysto get a jury and It was sixty dajslater when the jury brought In theverdict that sentenced the murderer ofBlanche Lament to the gallows. Thenthe cae lingered along for a year be-fore It reached the Supreme Court andthe execution did not take place untilnearly three jears had elapsed fromthe time ot Ul.mche Lament's disap-pearance.

English celerity,1 perhaps for the firsttime in modern American courts, mark-ed the legnl case of Czolgosz, the as-sassin of President McKlnley. Themurder was committed on September6 1901. Czolgosz was sentenced onSeptember 20 of the same year nnd hisexecution occurred on October 29 fol-lowing. This was reasonably rapidwork but unfortunately It did not IKa standard. In ordinary cases of mur-der justice resumed lis snail's pace;and lately in San Diego county, C.il.,the spectacle has been afforded of amurdeier being hanged between sevenaim eigiu years uLier ne imu tum-jnltte- d

a capital crime. The case wasclear; the prisoner's recourse was totechnicalities; the delaj was a travestyon Justice and an bhcourngement tosimilar crimes.

In Hawaii It Is thought that the near-er Wo approach the English sjstemwhich puts more Btrcss on the protec-tion ot society from murder thnn Itdoes on the protection of murderersfrom punishment, the safei we will beXrom crimes of magnitude. Clearly theAmerican sjstem ot delay nnd Judicialinslstance upon technicalities, hasevolved a state of things far fromsatisfactory; The prison has eight un-hung murderers and their number isbeing steadily Increased. Nobody hasseemed to fear the Infliction of thesupreme penalty, especially since theabortive result In the Jones case. Weagree with the public that the tilnl ofthe English system is necessary tohuman safety here; that it is hightime to adopt those summary and in-exorable measures which, In GrentBritain nnd her colonies, have madecapital crimes so rare.

4

CITIZEN LABOR IN HAWAII.

It ought to be easy to settle the ques-tion of citizen labor through the Tradesand Labor Council or some similarorganization. Wilson & Duggan saythat they will pay citizen labor, forwork on Maul, Jl to $1.25 per day andmore In special cases. Citizen laborerswho apply to this firm say that theycan get no definite agreements as towork and price but are told to go to acertain place In Maul first and maketheir bargains afterwards. This theyxefuse to do as It would be riskingpassage money on an uncertnnty. Thelaborers say that Wilson & Duggan donot want to hire citizens but Japanese;nnd the only way they can get thelatter is to demonstinte that citizenscan't be hnd. By showing that In spiteof offers of steady employment no citi-zen could be got to go to Maul thatIsland Itself ha Ing already failed ofa supply that firm would be at liber-ty to employ Asiatics.

If this theory does an Injustice toWilson & Duggan thej inn clear them-selves easily enough by asking thoTrades and Labor Council to get themno many citizen laborers nt so mucha day, That would be a fair test bothor the availability of citizen labor amitheir own good faith. There In now(.oiihldernblu uncertainty on bothpoints.

How many of the legislative candi-dates are In favor nf reducing Iiixch?Ho far not a word on that pubjert Imlice, i wild fiom uny tuiiip Iimtdthere In a roinmoii lupruhiii that INtnxcM w gn hlwhr. It would xllin.tnite liitfimt in tho imiivmn If namJim m would tiilw up tli tk qiintntuupi'ilo'mlv mill nlV llwlr vl to 111

nii in 'i)Mri Ik no ubjit iMMMr thlimit '! ll'Vmll'g it4blt uIMmwMill

Tl" li"uMiii it Mink e Dil Umv I i lj lit itmtUkt "nu ) k' Aa ! MiriA !hii) ii' h'ilwt l Ik jttwn ill kt

tjllM

ii h ii' Uu ia 14 MMMnNnl IJ linn

ii. miu,h. jMt 1mm si mm

UCSAt JUSTICE,

i:tlllt hrHtf Ui vt 1 ft filmictncntBl filn li i" Aiitfi .i inMUiilion nn I hft b. n tit Wivl tfl'ililtt It r Aii'tnil i 'not only in Hi, bit in jrmtiWithout the ttil Bppllriilh.il "f thlprinrlplt, olvllltnllon. In It inwlMnform nt lt. cotilil t ilt. '",every othr Kfu nil m onntiii""ovity. Imwrver, It linn bn ottti ntul

finrnfly irv ortnl.Kery human belnir Is entitled to a

fair nnd Impartial trial, In the onlin- -! nry pour, of Justice, nnd thl applies

to both rrlmliml aim civil proceedings.The station of a man In life, the

he hs wielded, the number ofhis friends, personal feelings In a com-munity, all extraneous considerations,nrc unknown quantities In courts thatnro honestly anil rightly conducted. Inthe criminal law, every man accusedof crime Is supposed to be Innocent,until that presumption has been over-come by proof of his guilt, bejond areasonable, not a conjectural, nor hyp-othetical, doubt. Good reputntlon alsoIs an element that, especially whereevidence Is conflicting, but substan-tially In nil cases, enters Into the is-sues under Indictments that Juries arerequired to determine.

These propositions will be fully con-ceded, In a broad sense, by eeryAmerican citizen, who hns a soundmind and has the benefit of a common school education. But, on theother hand, while the rights of everyman should be rigidly protected nndenforced, government Is essential tothe conservation of society, commun-ities and nations, nnd proved crimeshould be punished with reasonablepromptness nnd with absolute Impar-tiality. All great writers and thinkerson criminal Jurisprudence unite In thedeclaration that the volume of crimeIs reduced, not by the severity but bythe certainty of the vindication of out-lag-

law and the infliction of tinadequate penalty.

In this nnd In the latter half of theInst century, Justice has been oftenwarped nnd defeated, where moneywas plentiful, by legal combinations,of which brains, experience nnd a de-termination to force ncijulttals, were,he controlling elements Notable illus-trations of this fact hne been furnished by the artllklnl or manufactured obstacles to convictions In prosecutlons by the redcinl Government,through the Postofllco nnd Land De-partments, designed to purify thepublic seivlce. Not less consp'cuousIn the promotion of ciline have beenfrequent examples of the failuie ofmurder tilnls. The tmbulent spirit thatinclfes communities to suppose thntthey can protect themselves by Im-itating the IoIenco they fceek to re-press. Is due to this cause.

In cases of homicide, the plea of In-sanity has been a favorite resort. Itis petfcctly tiue that no person, actu-ally Insane at the moment ot the com-mission of nn Illegal act, should becrlmlnilly punished, though peihnps itis equally true that he should be secluded s,o that a repetition of the actwould become Impossible. But it Isnot the plea itself, which Is quitelegitimate, but the manner of its pres-entation, thnt offends the commonsense of mankind nnd disturbs theopeintlon of Justice. This defencegiently cnlnrges the scope of the evldenco nnd enables many facts Irrelev-ant to the main Issue, nnd only re-motely tending to establish the exist-onc- e

of insanity, to be Intioduced Intothe record. The effect of this latitudeis confusing, when the skill of the ad-vocate Is brought to bear upon thotestimony. The varying definitions ofwhat constitutes the insanity that willrelieve a defendnnt from penal conse-quences are also seriously misleading.There Is nn apparently Ii reconcilableconflict on this point between alienistsnnd Jmists. Scientific alienists, likeMaudsley, clilm that there ls such athing ns irresistible impulse or iy

insanity. Immediately pre-ceded and Immediately followed bymentnl soundness. Obv iouslj such adoctilne would empty the prisons nndleave the gallows to decay. The Jurists,theiefoie, have sought for a more prac-tical test, and, in California and Inother States, it has been settled thatthe test of responsibility or Inesponsl-blllt- y

shall be the capnclty or th" In-capacity of a person who commits nnnet that, in a snne peison, would bepunished as a crime, to distinguishbetween right and wrong. This deflnl-tlo- n

also Is dangerous, for It Is asyto simulate lnsnnltj In coridspondencewith thnt criterion.

The greatest obstruction to equal andexact justice, In this connection, Is thelopothetlc.nl question, which Is virtually the substitution of the opinionsof alienists, usually compensated, forthe judgment of a Jury. The hypothe-tical question Is frnmed by counsel. Ininclusion, nnd substantially constitutesnn argument on one side or the other ofan Issue of Insanity. Both sides aresupposed to frame their questions with-in the exteilor lines of the evidence.The eounsel foi the piosecuilon mouldtheir question upon the testimonylending to etnbllsh guilt The counselfor the deft'iuo finnie their luteirogn- -torj upon the fiuts and circumstancesfavoiuhle to thilr client. The alienistIs enlled upon to exiueio nil opinion,upon the suppou'd fiuts thus groupedtogethir The pimiss Is Illogical,Without ifu.iici to th iMirtltulwriilmiLi. in tin. rune, An Impartial nil-I'll-

Mini uliuuhl be yolvctvil mill piililhy Hi, pot eminent, In i'iiiiwtii totufjilHln, 111 n Hni'Ml h), lh illffrtiitmid iMMiltil' miplk'nbl foinm at

Tills t'tfuld pioUlily b t'iHmur imrjiiily t'ioiupiiid uy tliivttdlittf of ukiiui'm frmti nmidiilbuulw Then tit juroi, krtlnir tMr

liilllUiM i 4 tin uudr titrtMfwmaiitlitf f tht-l- r mutt, ouWftMrir Hi vi4niv iu ih lHttltluflUtlW bfulu Mum ltui n4 4i-t4-nlMDmr ur uu, in lit rUular im,Midi, uMMHt H Hm trf iy tmof 111. Willi u iiW, MUM MMtrkfMWriM In tmtimi 1m iltl wbv,

im WU Mwl 1 4jwt4 !'. MM Wllf, MM IfMMU II III awL

An Imu nt InMhliy. rl.lch mity m nimllly tr n l, tb hnitliMlml qutPlhili hul Uunllr UihIit-l- .

il mn.ly tni ih r tl Hbllily.ii. ilnimi t'ltv I'fi'Uii'fi in ihounli

lit i X.ii "Mi.!) it'll In fitflloi" tl'ibosnii. h in. I iii'H-'i- Mm fair nitlnlninluitlmi f tli I"" vtllhll lift ho

for pr"in til only i'Pkil Intruant mi let y hrhIiisI II arliiiliuitmmlr, vriill fully iirntwllntf tlm

.ntl ilMht" "f Indlvidunl. Thetrun n im devlHtlon fliim right, nuiiil'tiin. of the Jury KyMi-m- , honiy with

ge nnd westing the Insignia of In-numerable triumph for humanity, thntdots not affront nnd sear civilizationllself, particularly In Ainerlnm Hlnteand Terrltoile. In criminal proceed-lug- s,

great latitude Is necessarilyto the defence, but thnt does not

Imply trial, by counsel nnd experts In-stead of trial by Jury,

1

HAWAIIAN VANIlLA.

The nrrlvnl Of n sample gallon Ofvanilla extract from Mr. Edwards'Vanilla I'ark Tlantntlon at Nnpoopoo,Hnvvnll, ought to stimulate the settle-ment of the ndjacent lands which arebeing offered, on very liberal terms,by the Bishop Estate. The district,which Is on the Kona side ot the bigIsland, Is well adapted In Its rich solinnd copious rainfall, to the culture ofthe vanilla bean, n product which com.mnnds a price of from ?2 to 20 perpound according to Its quality. Mr.Edwards, who came here three or fouryears ago from the Seychelles Islands,and to whom vanilla culture has longbeen familiar, staked nil he had uponthe proposition thnt the Kona coun-try was fit to grow the frngrant bean.Even here in Honolulu he demonstrat-ed what could be done by "marrying"two vanilla vines and producing 103robust pods. Yenrs before CaptainKidvvell hnd raled a remarkable cropon a tiny qnclosure on Beretanla street,some of vlhlch he sent away for sam-ples, selling the remainder at $C perpound. But for a pineapple venture hewas entering Captain Kidvvell mighthave preceded Mr. Edwards in vanillafanning on a large scale.

Of course no enormous Industry maybe built on vanilla farming owing tothe comparatively small market smallin contrnst to the market for sugar,coffee, tobacco, wine, sisal, etc.; butthere Is a chance for many 100-ac-plantations and for the use ot vnnillans a of farmers living Inthe susceptible districts. The businessmight be readily combined with wine-growing and the production of honey,nnd be made to piy large dividends.Meanwhile the addition of one moresalable commodity to the agriculturaloutput of Hawaii Is a thing for

among all who have theinterests of Hawaii at heart.

1 rHAWAII MAY GET CHINESE. .

lite negotiation begun by the ChineseMinister with Secietaiy Hay ovei th"Exclusion treaty may lend to Impoi-tu- nt

lesults. There Is a growing self-lespe- ctIn China which takes the foim

of the pioposltlon thnt, If the United.States will not open Its door to thendmlsslon of Chinese, China will shutIts own door In the f.ice of Amei leans.That she Ins ,i moral and legal right todo so is clear, that she has tho stiengthto take advantage of that right is ni-oth- er

matter. But it would surelypiove einbairasslng to the UnitedStates to train Its guns on China toobtain privileges which are not recipro-cal. Such a process Is too Busslan tobe American. Whnt Is more It mightmake tiouble a little fuither along withwhatever power China may find itselfIn nlllance with at the close of the pres-ent war.

It is possible that, hy way of com-promise with China, the United Stnteswill agree to coolie immigration to Itscolonies nnd to this Insular Territory,excluding It by mutual consent from themainland. This might satisfy the Chi-nese sense of fair play and it wouldsuiely eonfet a benefit uikiii the outly-ing tenltorles and possessions ot theUnited States at no serious eost toAmerican labor. In our own opinionAmerican labor would benefit by thendmlsslon of R0.000 Chinese to the main-land, but that Is another and a

matter. There can be nodoubt that In the Philippines, PortoItlco, Hawaii nnd possibly Alaska theadmission of Chinese In reasonablenumbeis would begin an eia of develop-ment by which white men would bebenefited fni moie than they now ale.Tho Philippines and Poito Hlto needugrlculture suth as Chinese create.and Hawaii needs cheap labor for theagilcultuie which ulieady exists

On these accounts the progiess of thetienty-mukln- g at Washington will bewatehed heie with pi otolith! Intel est.

The Advertiser hopes that the Re-publican leadciH will lend no aid to the.scheme to exclude Mr. Notley, HomoRule nominee for Congiess, fiom thoTerritorial ballot. Theiu exists a doubtwhether Mr Notley's nomination pa-llets were filed In time, but it is slmplofulr play to, glvo him tho benefit ofthe doubt and lespect the right of tluHome Unlets to vote for the candidate,ot their choke Sharp practice Is nomorn to be commended In parties thanIn men, and It would be sluup pnutl. .,nf much too Hue nn edge, to play thoiriCK on .Notlcy that Is now ptopim'd.Apart from the moral coiislduiiitloii Uthe very practical one that tlm punywhloli brnkv up the Home Rule tklutby taking an unfiilr iitlwtntiiKe of Itwould drive Dm Nollny vnt to IIIuMUdhlutv mi tlm othtr ld.-

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1'MHi.fii) wh'ii Individual had nqtiHml Wit-- foiinhi uitii limn orwwihiii nnd the trunKt and Ituxtskillful hnd lit way. Thnt win thegngi nf buttle In eouri of time ')elety. to ptutert the Monk, Institutedcourts which took ptivnta quiirtelw in-to public liniids ami settled them according to the rules of Justice, Thenew method marked the beginning ofclvlllztil society. logically It shouldhave been extended so tin to cover thofeuds of nations, nnd It Is the objectof those who are holding pence con-gresses and asking the moral counte-nance of commciclal bodies alt over thoworld to so extend It,

A beginning has been mnde nt theInstance ot thy Czar ot ltusln, In thepence tribunal nt The Hague, Unfor-tunately before n ease can rench thatcourt the parties to nn Internationalquarrel must ugreo to submit it. Theyhave the right to fight Instead If theywant to und In the war now going on,the Czar preferred that course. Hndthe same choice of method been leftto men engaged In private quarrelsthere never would have been anycourts or any clvl'lzed society. It Isobvious, therefore, that If internationalarbitration Is going to win, there mustbe lio choice about the submission ofnny quarrel of the powers to a boardof adjudication. Moreover theie mustbe police authority to compel a legalsettlement by preventing a resort toviolence nnd haling governments Intocourt.

The process would have been some-thing like this In the case of Busslaand Jnpan. When their differences be-came a threut to the common peace,the Tribunal would cite the two gov-ernments to appear by counsel andfile their briefs. In the case of re-fusal It would be the duty of all otherpowers, leprcsentlng the police forceof arbitration, to intetfere and arrestthe disturbers at whatever cost. Thiswould mean the occupation of theircountries the putting down of re-sistance by superloi force, the costs ofcourt to be charged up against bothoffending nations. Then the courtwould hear all evidence, give Its Judg-ment and rely bn the police power tocarry out its orders, exactly duplicat-ing the process used In the settlementof n private contioversy.

It nny four powers, such as GreatBritain, the United States, Germanyand Japan would agree upon this formof arbitration the lest of the worldwould have to submit to It legal-ized public war would soon so wherelegalized private War went.

4

RUNNING THE BLOCKADE.

Increased 'vigilance on the part ofAdmiral Togo's fleet Ins resulted Inthe capture of the Btitlsh steamerTupln heavily laden with conttabandand on hei way to Port Aithttr. Somedajs before another such vessel, withi full cnigo, was stopped outside ofShanghai. Incidentally many junkscat tj Ing food and ammunition to thebesieged fortress from Chefoo havebeen overhauled by Japinese torpedoboats and sunk. It Is but lately thatthe Japanese have kept such a brightlookout; but they evidently havereason to believe that the prolongationof the siege is measurably due to theInflow of contraband under the stim-ulus of Stoessel's offer of large cashpremiums for supplies.

The reason why blockade-runnin- ghas been so eagerly attempted at PortArthur lies in the fact that AdmiralTogo has) maintained only the form ofn naval coidon there. According toGeorge Kennan the Japanese fleetstays In port at the Elliott Islands,something like 50 miles from the Rus-sian fortiess, being represented on thesiege line only by a gunrdshlp nndsome torpedo boats. At night and Instormy weather the vessels go to seaand It Is then the blockade-runner- screep in. It looks now as If the Japa-nese were watching near-bypor- ts care-fully and preparing to Intercept anysuspected vessel that may come out.

Why Adinttnl Togo did not form theusual semi-circ- le oft the entrance toPort Arthur nnd maintain a rigidblockade la not clear; but perhaps suchmethods have gone out now that sub-marines nnd floating mines have comeIn.

Local Japanese regard It as doubtfulthat Marshal Oyamn has been recalled.The Mttrihal Is more or less of afigure-hea- being one of three men Inthe Empire whose rank entitles themto large command and being In thefield to preset ve tho symmetry ot theorganization more than for stiategicnnd fighting purposes, His chief ofstnff supplies the tactical genius nndhis lieutenant genet.tls the prowess.Oynma signs tho otdcrs nnd roundsout the show. If nnythlng culpablehappened in the strntegy at Llaoyangthe punishment would probnbl fall onKodama.

Bonntor Naknpinhu of Knuol has hndthrea changes of heart politically Inoiio mouth He Is now n Democrathaving been attracted to that pnityby Jnuken'g nnulomlcal freaks, tho lut-inr'-

heart haWm? oliniiKw! thrice InHi ice weelts, After election both menniu" due jo imve another eurdloe nop.

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