--WTTi - eVols

JONES JURY
S SWORN
Dynamite Case Jury
Sleep Over Court's
Instructions.
It was necessary only to draw three
somes yesterday for the completion of
a Jury to try .Edward Mitchell Jones
for the murder of Linda K. Jones, his
divorced wife, on August 23, 1903.
Fred. Turrlll was the subject of the
eleventh peremptory challenge by the
defense, and when his place had been
filled Mr. Robertson, after consultation
with Mr. Dunne, announced that the
jury was satisfactory to the defense.
These are the twelve men, namely:
E. T. Drcler, T. P. O'Brien, Job Bat-chelo- r,
Win. E. Tirrell, W. J. England,
A. J. Talt, Chas. A. Simpson, Louis R.
Medelros, Theo. Bauman, W. D.
Antone Fernandez and Peter
O. O'Sulllvan.
The actual trial will begin at 10
o'clock this morning. It was 11:45 a.
m. yesterday when the Jury was
sworn. Deputy Attorney General
Peters wanted a recess ample enough
to enable him to get together the wit-
nesses for the prosecution, and differ-
ent jurors asked leave to visit their
places of business and their homes.
Judge Robinson ordered recess until 3
P. m.
Jurors were surprised to learn that
neither shop nor home could be visit-
ed Individually, But that the entire
Jury must go to each place visited and
Its members keep in sight of each oth-
er. The first who asked the privilege,
Mr. England, said he would withdraw
the request rather than arrange his
business affairs with the crowa
around him. Judge Robinson reassur-
ed hip by saying the restriction would
be enforced reasonably, the main re-
quirement being that the jurors should
not scatter or mingle with other peo-
ple.
Mr. Tirrell was Informed that he
might send a note to his family, but
no Juror could receive any communica-
tion until it had been scrutinized by
the court.
At 3 o'clock the Jurors had not com-
pleted their round of visitations and
the trial was continued until 10 o'clock
this morning.
All local newspapers, before they are
given to the Jurors, at their hotel or
elsewhere, must haVe everything In
the way of reports of the trial and
references thereto excised by the
bailiff.
Liquor spirits, wine or beer as de-sli-
may be furnished In moderate
allowance, at the "discretion of the
bailiff, to Jurors at their temporary
lodging place and at their meals. It
Is understood that no liquor In' quanti-
ty for social drinking will bo permitted
In the Jury's hotel apartments, the
privilege being limited to the serving
of an nppetlzer before meals, or the
usual table beverage at mealtimes, to
those accustomed to such indulgence.
Mr, Peters brought up the drink
question, while the Jurors were outside
of the courtroom, Just before adjourn-
ment for the day, and It was quietly
discussed between court and counsel
with the conclusion above reported.
The1 matter of newspaper censorship
was introduced by Mr. Peters In the
presence of the jury at Its empanel-
ing, i
Bailiff Clem. K. Qulnn has an one-
rous Oual responsibility thrust upon
him In guarding the Jurors from an
excess of cither Intelligence or stimu-
lation.
DYNAMITE CASE CLOSING.
At 9 o'clock this morning the jury
tiylng Luplnl Gomez for dynamiting
the home of his wife's folks will con-
sider lt3 verdict. J. A. Magoon for the
defense and Attorney General An-
drews for the prosecution had con-
cluded their addresses, and Judge De
Bolt his charge to the Jury, by 4:25 p.
m. yesterday, when, at the request of
the Jurors,' the trial was continued
until the time Just named.
There are but eleven jurors conclud-
ing the trial. Directly after noon re-
cess yesterday Juior M. Brasch asked
to be excused and the court, upon
mutual consent of counsel, granted the
request.
A motion for discharge made by Mr.
Mngoon, whfen the prosecution had
rested, was after argument denied.
"FIGHTING PAST FORECLOSURE.
James Brown has made answer to
the petition of J. M. Dowsett, trustee,
for a writ of assistance to place him
1 1 possession of certain Young- - street
premises. Charles Crelghton Is re-
spondent's attorney. The respondent
believes on lnfoimatton that there was
a suit entitled J. M. Dowsett, trustee,
vs. Grace A. Brown, but has no per-son- al
knowledge of the fact. lie says
the same thing relative to the appoint-
ment of P. D. Kellett Jr. as commis-
sioner and his sale as puch of the
property to Henry Holmes for $2500,
with dellveiy cf deed, etc., therefore
denies these matters.
The respondent denies that the peti-
tioner had produced or shown to him
the alleged deed, but alleges that on
July 8, 1904, James . Morgan came
to the premises In question, the resi-
dence of respondent, stated that he
Was acting under power of attorney
fiom Dowsett whom, he Informed re-
spondent, was the owner of the prem-
ises and on behalf of Dowsett de-
manded possession thereof. The re-
spondent admits that he refused and
still refuses to surrender such posses-
sion.
Morgan at that time, Brown alleges,
read a portion of a paper to him pur-
porting to be some order of confirma-
tion of an alleged sale to Dowsett, but
HAWAIIAN GA7F.TT1 FRIDAY, JANUARY ,27, 1905. -SE- MI-WEEKLY,
6
'he respondent has no recollection of
the contents of the paper, and he A-
lleges that Dowsett has not at any time
produced, shown to or served upon
him the alleged decree, writ or order,
notice of sale or deed.
Finally, before his prayer to be dis-
missed with costs. Brown says that,
although as alleged In the petition he
was "a party to and Joining" In the
mortgage said to have been foreclosed,
he was not made a party to the suit
or cited to appear therein, nor did he
receive notification of the Institution
of the suit, nor did he appear In an
manner therein.
This suit Is peculiar In Us title. The
"writ of assistance" Is an old equita-
ble remedy, but In this Instance Is
used In Hawaii probably for the first
time.
DISPUTED CARRIAGES.
William Henry, High Sheriff, by his
attorneys, Kinney, McClanahan &
Cooper and II. G. Mlddledltch, answers
the complaint of W. G. Irwin for re-
plevin of certain carriages. He denies
that he has unjustly, or contrary to
law or the rights of the plaintiff,
taken Into his possession or connected
Into his own use the property de-
scribed In the complaint, though ad-
mitting that he did take the property
Into his possession, and he denies that
the value of the property Is only $600
and alleges that It is $1000. The re-
spondent further says that Irwin Is
not the owner of the property, but
that It was lawfully levied upon under
four executions Issued from the Ho-
nolulu District Court against James
Carty, the true owner of the properly.
Since the Institution of the present ac-
tion, the High Sheriff says, the plain-
tiff has by proceedings described se-
cured a delivery of the property to
himself under a bond and Is now un-
lawfully, and contrary to law and the
rights of the defendant. In possession
of the same. Defendant prays Judg-
ment for return of the property or for
its value, $1000, together with damages
for detention and costs.
PROBATF ITEMS.
Isabelle McC. Jones, guardian of her
fcur minor children, has resigned as
to their property, petitioning to have
the Hawaiian Trust Co. appointed In
her stead, for the reason that she In-
tends going with the children to re-
side In the eastern part of the United
Ltntes. The estate is valued In the In-
ventory at $58,847.08. The guardian's
final account for the period beginning
Oct. 1, 1904, and ending Jan. 25, 1905,
shows $1000.33 Income and $937.30 pay-
ments.
Judge Robinson appointed Chin Jim
Yen executor of the will of his de-
ceased wife, LI Kee Yin, without bond
as directed In the will. The estate Is
worth $1100.
-- -f
THE LAST OF
THE SEVASTOPOL
A Sasebo despatch furnishes the fol-
lowing account by Commander Suzuki,
commander of a destroyer flotilla, who
witnessed the last of the Sevastopol:
On the 2nd at 9 a. in. the commander
was looking from the sea six miles off
Clvengteuslian, when he saw the Sevas-
topol being towed by two steamers for
about one mile and a half, the vessel
being brought to at the southern foot
of Chentcushan. The commander, be-I- n
then ignorant of the fact that the
garrison had proposed capitulation,
carefully watched the movements of
the Itusslan battleship. -- The ship ed
a heavy listing until her
deck was almost In a vertical position,
when slip was buddenly engulfed by the
water. A huge column of water rose
at the moment of the sinking, but no
sound of explosion wns heard and no
smoke observed. It was then believed
that the sinking had been effected by
taking out the keelson, and not by
blqwlng up the ship. The sea where
the battleship settled down Is about
twenty fathoms deep. The sinking of
the Otvnzny and a three-maste- d steam-
er took place before that of the Sevas-
topol, and their destruction was effect-
ed by explosives, the blowing up being
accompanied by a thunderous sound.
A meeting of the Kalmukl and Fa-lo- lo
Improvement Club will be held at
the Roof Garden, Kalmukfl, at 7:30 this
evening, to consider a scheme of tree
planting and for general business.
--f-
WHAT A BLE8SINS
Many People Are Learning to
Appreciate in Honolulu.
What a blessing It Is.
Sought after by thousands.
Honolulu is finding It out.
Many a miserable man Is happy now.
Nights of unrest, days of trouble.
Any Itching Bkln disease means this.
Itching Piles mean It.
Eczema just as bad, and just as bad
to cure.
But Doan's Ointment relieve at once,
and cures all Itchiness of the skin.
A blessing to a suffering public.
Here's proof to back our statement:
Mr. H. Ryall, of No. 11, Grosvenor
St., South Yarro, a very old resident
of Melbourne, Australia, states;
For some considerable time i. have
been a sufferer from that annoying
complaint known as Irritating piles
At times the 'rrltatlon was very an
noying, especially at night, and in the
warm weather. I applied some of
Doan's Ointment, which I had obtained
and I am pleased to Bay that it gave
me the desired relief from this annoy
ing disease.
Doan's Ointment Is Bplendld in all
diseases of the akin: Eczema, piles.
hives. Insect bites, sores, chilblains,
etc. It Is perfectly safe and very ef
fective. Very frequently two or three
boxes have made a complete cure of
chronic cases that have not yielded to
other remedies for years.
Doan Ointment Is sold by all chem
Ists and storekeepers at 60 cents per
box, or will be mailed on i receipt of
price by the Holllster Drug Co., Ltd.,
I
BIG ISLAND FIREB0G
CONVICTED ON TRIAL
(Continued from Pace 1.)
lows : On the night of the 14th of August, the trash house at Naa-leh- u,
valued at about $5000, was discovered to be on fire. It burned
fiercely, and only good luck saved the, mill, the plantation storc
and the manager's house, together with the laborers' quarters from
destruction, there Dcing no wind at the time of the fire and a rain
having fallen shortly before. Even as it was, the fire was only got
under contro'l by the hardest kind of hard work, all the men on the
plantation turning out to, fight the flanks.
There was small question that it was a case of incendiarism,
and Kaina Anton, who had been hanging about the place and had
been ordered off, was suspected, "he having made threats that he
would get even with the manager. The man was arrested, and was
held to answer by the district magistrate, and was then taken to
Honolulu. At this point Chester Doyle took hold of the case, and
it was owing to his work that the conviction was secured today.
While Anton was in jail in Honolulu, a stool pigeon was put in the
cell with whom he soon became chummy, and to whom he finally
confessed that one Pckc Bob had seen him apply the torch to the
trash house.
Bob was gathered in at once, and, turned state's evidence almost
as soon as he had been captured. This was the strongest evidence
against Anton, but ,it was supported by a chain of circumstances
and corroborative testimony so well fitted together that the con-
clusion was irresistible.
As has been said, this is the first conviction for arson in the Ter-
ritory since 1893, when some Japs set, in;,. to Lahaina plantation
and were convicted, also through the 'detective work of Doyle, get-
ting twenty years each for their crime."' '
"That is pretty good work," said Attorney General Andrews
last night, When told of the convictioii of Anton. "Doyle has cer-
tainly managed the case with great cleverness."
ABOUT HALF A MILLION
PASSENGERS A MOUTH
Everything passed oft harmoniously
at the annual meeting of the Honolulu
Rapid Transit and Land Co., Ltd., yes-
terday. Reports of the directors, the
treasurer and manager were read. The
stockholders ratified all of the acts of
the board. of directors for the past
year.
A resolution was adopted authoriz-
ing the directors to take steps to have
the franchise of the company amended
so that the abuse of the transfer sys-
tem may be prevented. As the fran-
chise stands, under Interpretation of
the Supreme Court, a'paBsenger may
ride around on one faro from the start-
ing of the cars In the morning until
their stopping past midnight.
Some Items from the reports are pre-
sented below. The secretary will pre
pare a report to be printed with the
others. It was only because ho was
not aware a report was expected from
him that he had none ready for the an-
nual meeting.
REPORT OF DIRECTORS,
Ti?e length of road In operation at
the close of the year was 22.005 miles,
as follows:
King street line, Xallhl to Diamond
Head, 7.467 miles.
Hotel street line, Wyllle street to Pa-w- aa
Junction, 4.811 miles.
Fort street line, royal mausoleum
to Bishop wharves, 2.206 miles,
Heretanla street line, Fort street to
Pawaa Junction, 2.232 miles.
Alakea street line, Pauoa to Fish-mark-
1.240 miles.
Manoa valley line, Wnfler avenue to
valley terminus, 1.745 miles.
Walalae road line, Pawaa Junction
to Walalae ridge, 2.476 miles.
South street line, Hotel street to
Queen street.
Queen street line, RTver street to Fort
street. I
The earnings from passengers
amounted to $321,989.05, an Increase of
$4.2,116 over 1903. Freight earnings were
$974.90, an increase of $929.60. On this
Item the report Bays:
Apart from hauling for our own con-
struction purposes, practically the omy
traffic has bfeen derived fiom h con-
tract to haul dairy products from one
farm, which hnve been delivered to us
at our AVdlalae road terminus. The
outlook for a substantial Increase in
our freight haulage Is encouraging."
There was no sale of current, against
$1574.92" the previous year, but attrac-
tions yielded $2593.40, all Increase.
Total oarnlngB were $323,557.35, an in-
crease of $44,064.08 over the year 1903.
Maintenance, In ways and structures,
cost $11,105.38, and In equipment
Increases respectively of $1835.97
and $1161.35. Transportation, In power
plant, cost $30,489.54, and In operation
of cars $112,440.41, Increases respectively
of $152.17 and $25,355.80. General ex-
penses of $31,796.76 are an Increase of
$13,493.20. All of which make the oper
ating expenses for 1904 $197,8.7.34, an in-
crease of $42,298.49.
The net earnings from operation were
$127.6S0.01, an Increase of $1765.59. Rent,
$3583.52, is, compared with 1903, all
"velvet" except $155, and $978.95 Interest
Is nn Item not appearing the previous
year.
The gross Income less operating ex-
penses was $132,242.48, which Is better
than 1903 by $5873.06. Taxes at
and Interest dt $39,850.40, exceed
those Items for 1903 respectively by
$3823.55 and $10,932.93, the total deduc-
tions from Income being $16,770.50 great-
er than those of the previous year, so
lhat the net Income, $76,918.77, was
less than that of 1903.
From the net Income dividends have
been deducted to the amount nf
leaving n balance of $24,489.52,
from which deducting, for loss on earn-
ings of 1903, $2370.74, the sum of $22.- -
118.78 Is carried to credit of Burplus for
1901. This, again, added to $120,132.71
to credit of surplus December 31, 1903,
makes the total surplus December 31,
1904, $148,251.49.
The operating expenses, exclusive of
taxes, were 60.78 per cent of the gloss
earnings as ngalnst 55.27 per cent for
the preceding year. The gross earn-
ings were $15,058.85 and the net earn-
ings $5905.91 per average mile of road
operated, ns ngalnst $17,817.16 and
respectively for the preceding
year.
Under the head of capital stock the
directors report tho operations by them
as authorized In connection with the
Hawaiian tramways purchase, which
nre not of general public Interest. The
funded debt of the' company as of De-
cember 31, 1904, amounted to $090,000,
represented by 690 first mortgage 6 per
cent 'twenty-liv- e year gold bonds, pay-
able on any Interest payment day, ut
the company's option, on or after May
1, 1917. The total authorized Issue was
not to exceed one mlllon dollars.
Construction, equipment and better-
ments, together with the duo proportion
of general expense connected therewith,
aggregated $148,669.03, of which items
are given.
As to traffic, 6,6S9,401 passengers were
carried during the year, an Increase
of 900,244, or 15 2 per cent, ns com-
pared with the previous year. Reven-
ue from passengers nnd freight has
been already stated In this summary.
The total passenger car mileage for
the year was 1,476,369.53 miles, as
against 1,183.080 miles In the previous
year, but the earnings per car mile
fell off as compared with the year 1903,
from '23.63 cents to 21.81 cents. Tho
nverage number of passenger cars In
regular service Increased from 19 In
1903 to 24 for the first six months and
23 for the last six months In 1901.
"Although the gross passenger earn-
ings for 1904," the directors say In gen-
eral remnrks, "exceeded those for tho
previous year by $42,116 or 15 per cent,
nevertheless the earnings per enr mile
fell off, as above stated, 7 4 per cent.
"This Is (he natural effect of building
Into BUblv ban territory and of paral-
leling our own l'nos, that a service long
established rnlght be continued to resi-
dents on certain thoroughfares form-- c
Iy occupied by the lines of the Ha-
waiian Tramwnjn Co. The pubsldles
received by the company will, It is
hoped, piove an offset to deficiencies
of suburban revenue, and a readjust
ment of whan car routes, now being
mode, will in the opinion of the board
greatly Improve these ndverse condi-
tions nnd in course of time overcome
them,"
THE MANAGER'S REPORT.
Manager C. G. Ballentyne, In an
exhaustive report, to a large extent
nmpllfles the details of construction,
lmpiovcment nnd opeiatlon tb whlVh
the dlrec'013 lefer.
The total amount expsnded on track
nnd ove hiad construction during tho
jsnr was $13 340.70.
Referring to the recjnt acquisition
of ten new cpen cars cappble of seat-
ing 56 peuons each, th cost of which
on. tli? deck in boxed condition was
$37 295.57, the manager says: "When
this work has been completed We will
have an equipment of a very superior
character, which will meet every pos-
sible demand upon It."
There ore 9 caia on the King street,
6 on the J Ae st'eet, on the Fort
street, 2 on the Alakea street, 2 on the
Beictanla street, 1 car on the Manoa
and 1 on the "Walalae line, with 10
mlrute headway on. the King, Hotel,
Fort and Alakea lines, on
tbe Bretanla nnd Manoa lines and 30- -
mtnuta en the "Walalae line.
The .6,689,401 passengers" transported
Is equal to tho population of Honolu
lu, estimated at 0,0d0. carried' 167
limes. There were, .273,997 school chil-
dren at half faro and 123,684 free pas-
sengers, tho latter being mado up prin-
cipally of police, firemen, letter car-
riers and sanitary Inspectors. The
heaviest traffic was In June, 609,479, and
the' lightest In February, 491,490 pas-
sengers. The total car mileage was
miles, tho dally average of
4045 being about equal to the distance
from San Francisco to Honolulu nnd
return.
Reference Is made to the Aquarium,
erected through the generosity of Mr.
and Mrs. C. M. Cooke, who contribut-
ed $8000, and J. B. Castle, who
gratis the lease of the ground,
with the addition of $1817.17 expended
by the company. While not a finan-
cial Buccess directly, tho Aquarium has
made up for debit balance by tho
traffic It has Induced.
Mr. Ballentyno reports all parts of
the plant In good condition and con-
clude with thef-- good words for the
working force:
of the 'loyalty of th company's cm- -
"I desire to express my appreciation
ployrcs to Its Interest and to say that
I believe It would be difficult to find.
In the service of any railroad com-
pany, men of better moral, intellectual
and phclcal attainments than those
employed by this company."
THE TREASURER'S REPORT.
So much of the company's financial
condition has been set forth above
from-th- e directors' report that It Is
not necessary to draw heavily from
the report of tho treasurer.
Of the authorized capital stock of
$1,250,000 there have been Issued pre-
ferred stock of $343,000 and common
block of $800,000, a total of $1,143,000.
The net capital liabilities per mile of
track amount to 79,81". Assets nre
put down' at $2,106,442.86.
"Subsidies, referred to by the directors
in connection with suburban lines, nre
as follows: Manoa Valley extension,
$50,000; Trustees of Bishop Estate, $10,-0-
Trustees of Gear, Lansing & Co..
$25,500; Pnlolo Land & Improvement
$12,500; total, $78,000.
OFFICERS ELECTED.
Officers for the current year were
elected as follows:
President, I T. Peck; first
L. A. Thurston; secona
J, B. Castle; secretary,
George Thlclen; tieasurer, C. H. Ath-crnto- n;
auditor, F. W. Klebahn; man-
ager, C. G, Ballentyne, and the nlovo
with W. R. Castle, the new Board of
Directors.
CONEY TELLS NEEDS
OF KAUAI POLICE
Deputy Sheriff Coney of Knual in
his report to the High Sheriff states
that affalis aie In a good condition
on the Garden Isle. New Jails nre
needert at all the Lland towns. Ha
recommends that the pay of police be
placed at the old Ilgure of $25,000 for
the biennial period, the Jailor's salary
Hhould be $6,600 for two yeais nnd the
appropriation for support of prisoners
$7,200 for two years.
He recommends thnt the pa of of-
ficers he ns follows for the two years:
Sheriff, $6000; Deputy Sheriff of Kau-
ai, $3000; Deputy Sheriff of Wnlmea,
$2000; Deputy Sheriffs of Koloa,
nnd Hanalel, each $2100, nnd
clerk, $2400.
Hq also asks $3000 for a detective
fund and $3600 for Incidentals for two
years.
, f--
Humors of tho Boom,
A little fun at the expense of Bob
Shingle appeared In the window of
Frank RIchardfjcn's steam pump agen-
cy, Merchant street, yesterday after-
noon. It being In the heart of the lo-
cal "frenzied finance" district, many
paused to smile at tho following hot air
message on a regular wireless blank:
"KAHULUI, Jan. 26. To Cedar Shin-gl- e,
Honolulu. From G. Rafter, Iao
valley. Big fire raging at Klhel. Out-
look serious, cane overrun by leaf hop-
per."
Sure Cure
Tho debilitating effocts of a warm
climate and oxposuro to nil kinds ot
woathor aro suro to bring on disorders
ot tho blood and weaken tho systom.
Mr. Charles fleddes, of Mt. Malcolm, W. A.,
tends us Ills photograph, aud tells of a euro
cure for tueso conditions.
"For Homo tlino I liavo been landlord of
the lloyal Hotel In tlio Mt. Margaret gold
fluids district, eighty miles from the nearest
railway. I have sold a great deal of Ayer's
8arsaarllla,aiHl It gives tho most universal
satisfaction. When miners, prospectors, and
others Iwcome run down liy lack of fresh
vegetables and fruits, and from exposure
to all kinds of weather, their blood becomes
Terjr Impure and tho wholo system greatly
weakened, llut
AYER'S
Sarsaparilla
Is always a sura cure. I have known miners
to Bend a hundred miles for it, such is their
faith lu it."
Thero aro many imitation Sarsaparlllas,
llo suro you get "Ayer's.
Ayer's Villi will greatly aid the action of
tho Barsaiiarllla. They aro all vegetable
mild, sugar-coate- and easy to take.
Crcp.rcJ tjr Dr. J. C. Ajr Co., Lowell, Aim., U. S. A.
HOLLISTER DRUG CO., Agents.
m OWKS
"
,
.
THEHSH?
Ewa Japanese Say Uncle
Sam and Not the
Konohiki.
A fight Is being put up by some ot
the Japanese fishermen temporarily en-
joined, nt the suit of the O. R. & L.
Co., from poaching upon the Hono-ullu- ll
fishery and taking therefrom the
kinds of fish under the ancient kono-
hiki tabu. The outcome will be of
great Importance. It the case should
be carried up, for final adjudication,
to the United States Supreme Court.
Geo. A. Davis nnd A. M, Brown have
filed the answer of FuRunaga and ten
others of the twenty-fou- r Japanese
fishermen against whom the Oaliu
Railway & Land Co. has brought a
bill for Injunction to restrain them
from trespassing upon the Honoullull
sea fishery.
It will bo, remembered that Fuku-nag- a
was discharged, under a writ pt
habeas corpus, from Imprisonment
In default of paying a fine of $100 and
costs Imposed by District Magistrate,
Hookano of Ewa, on the ground that
the penal laws of Hawaii for the pro-
tection of konohiki, or landlord, fish-
eries were abrogated by the Organic
Act, nnd that the vested rights pre-
served In that enactment could only
be guarded by, civil proceedings.
These defendants deny that they wil-
fully or otherwise trespassed upon any
water fishery or property of the plain-
tiff, or took or appropriated any mul-
let or nmaatna belonging to, or In
which the plaintiff had any right or
property.
They nvcr tint tho waters where tho
fish were caus(ht woie In Pcnrl Harbor
and In the public navigable W'lters of
this Tenltory of the United Stntes ot
America, owned pml continued by the
Government ut the UKted States, nnd
tint plaintiff did not end could not ac-
quire any such rights theieln as al-
leged. They allege that they were not
trcrpasslng In or upon tho property of
tho plaintiff but wetc lawfully fishing
In the d water, and "cntchlmr swim-
ming nnturnl nnd utuontlned Ilsh
tht. eln ns thr, had n lnuf.i'1 right to
do under the hw o 'ie land" and
under the piovtMons eC "An Aet to
Provldo ft Government for the Teril-toi- y
t' Up wiill," nnd the "said flsh-oil- cs
were and t e li e to the citizens
c U- - t I'ted SLjtcs and the inhabl- - ,
tnnts c th's TcwItoi.
In tlie tiiceeedlr'j paragraph It Is
claimed th t th- - Psh tho lespondents
were cntc'itng were the prcp-rt- of tho
United St'fs. end tb."t the plaintiff
1) 'd no vested ,ht In the fish' o the
v. t?rs vtheto th were ought.
Besides prUtlnt me plaiitlft to Its
1103 ihat I is th: or owner
t the Honoi'Mi'II flsheiy thet It hns
( kea in necstaiy steps to estrbllsh
Its veiled right pb sue! under the
lc
Aet, ttr, Micse leLpondents deny
that they n.e psolent. ns nliegad In
ihj petition. 1 ey .jy they pursue
the call as of 1 lieiincn for a living
and r.ive no tul estate but they have
rever been declared Insolvent and no
JjdMVJnU have been en'eil up
ngnlrst "them which they aio unable
to ity. Among oner things they al-
lege and aver ns follows:
"That O13 h d plaintiff h- -J no pow-
er or nuthority to claim or :t apart
snld fish op jpy of them ns allcscd,
f3r snld fith cure fl Jin the orui sea
ir Puclllc Cceip, over the rc3f at tho
en'.vinco t' tr'd Pearl Harbor, Horn
day to day nnd time to time, nnd thus
Inio said Wi'teta, and could not Is cot
rpait or -- quired In the manner set
ojt In said petltlen or othe .vice, nnd
when said fish camo Into said waters
nnd harbo- - tho - ild dciendnnts rnd a
lawf.'l il,tit 'D ejtch them, and the
Bald fish vvh n caught became and
w Ihe proper., of the r"!l defend-rn- U
nnd the srld defendants specific-ti"- y
deny that trey unlawfully unit
v, mnsfully upf printed BPld fltti as
alleged.
The . pond. re deny the J itlsdlctlon
of 1 jut' , rrecldlri, ot chambers to
Isrue ho tnporn y Injunction. This
Ih the pnnu point thnt hns been ap-
pealed to 'Washington in i'n Tarkcr
ense nnd whl h hap been rused In
numerous, other cares now pending.
An nffldnylt ef encl of the eleven
respondents is fl'ed In iiipport of a
trillion to d'spolvs the temporary In-
jur -- tlon.
-f- --
THE SPECIAL
PEINIEL MEETINGS
The congregations who have been
listening to Dr. Wntsui's Bible read-
ings and sermons In the Penlel Mis-
sion, express themselves as greetly de-
lighted nnd edified with the Inteiestlng
manner In which the scriptures havo
bten unf jlded and many testify to re-
ceiving muchiblesslng from the Word.
Dr. Watson will give another read-
ing at 2:30 this afternoon and preach
tonight at 7:30 and also Sunday after-
noon nnd Sunday night. All aio cor-
dially Invited.
S me of tho soldiers nre attending
and we trust more of them will attend.
Mnu Wong, a resident of Honolulu
for 23 years and nn employee nf J, B.
Castle for 20 years, hns been present-
ed w'lth enough money by Mr. Castlq
tn visit his Chinese home.'' He is en-
thusiastic .over the trlp.-'- -