The Pacific Commercial Advertiser from Honolulu, Hawaii • Page 2

I ooivxmEIloIAL fRIDjtT. FEDRTT ir 4 i Is ta: Tb.arHr.l 1 report. "K'are tte i road t- amcr City of yesterday, both etrU for Ihe schooner BooanxA Pan Friaj-iarn Tk. B-SlhTa the fl5 6.3 lb. Sugar, Ccffee( LflTM.

llTS hhw waoanas .8 tank oldflab, iS40 la coin, dace valued 121.647 pugs Oranges, Jo sua-trl 1 The lionsnz lock domestic j.ro- hr Partis Hare and brig Elisc are Inadir, tor Fran-cwei. to bare dispatch. will be due from 8aa Fr.ocUco oa Tuesday Beat. po in- idud LuiTu. H.

i Zh' from Kalaupapa. Molokai Ko, n1 Wmea, Kauai ohi. Hopu, from Ullo. Hawaii. 1 Schr Fairy Uaeen, Pnl.

from IJanalel, Kauai ll Kalua. from NawUlw.l!. Kauai. of td0CT. Dearborn, 14 days fm Auckland.

2 Bear Jenny, filama, from Kotia Kan, Hawaii. UEI'ARTl'liES. 27 Schr Manuokavai, Kalua. for Nawiliwili, Kauai. SO Slmr KUauea.

Marcbact, for Maui and Hawaii Joba U' KlPr', Molokai "fil Fantome, Commander Long, lor Hawaii 31 Cchr lolani. Powers, for MaUko. Maui! .1 Hchr Pnnco, Beck, for Kona and Kau, Hawaii 1 8chr Ka Mol. Reynolds, for Kabalui. M.ul.

1 Hchr Nettie Merrill, Crane, for Lahaina, Maui 1 Scbr Marion, Nika, for Kok4c aime. Kauai. 1 Am scbr UoDanaa, Dexter, for Ban Francisco. 1 Schr Manuokawai, Kalua, for NawJiwiii, Kauai. 2 Scbr Pauabi.

Hopu, tor Hilo, Hawaii. 2oC Uaecn CDl' tor Uanalei, Kaua. 2 8 Cny of Sydney, Dearborn, for Man Francisco Jan. Feb. Jan.

Feb. MEMORANDA. Rsroar or 3 Citt or Stdjiev, Diiiioix, Commas. aa. Left Sydney Dee 16th, 1S70, at 8 J5 a arrival at Kaodava, Fiji, on the 22J, at 7.85 a tn; transferred mails, pis-sengers, etc, iota tbe Zealaadia.

On the 26lb, 0 30 a at Australia arrived from San Francisco, and waa placed in quarantine by the HeaKh Officer, Commanders not deeming it ad via. able to transfer passengers, etc, fcr New Zealand; both ship left tot Auckland at 1.40 to, aame day, and arrived at Auckland on tbe 30th. 8 a in; left Auckland for Sydney on the 31st, 12 pm, and arrived Jan 6tb, 1977, 2 a mj Left Sydney again on the J2lh, 8 30 (Australia si ill in quarantine at that port)aad arrived at Aucklund oa the 17ib, 8 fcft aatae day at 5 and arrived at Eandavu on tbe 22c 7 60 a left same day at 8. 60 a and arrived at Honolulu Feb 2-1 Exchanf ed sigoals with trie as City of New York an tbe 23d, at 7 am. Lvma, Purser.

1M I'OKTS. Fbom fcroMET Per City of Sydney. Feb 2d 13 cs preserved aaesM. 7 pkgs ca brandy, 18 kegs butter and bud, 15 whisky, 1 da piano, 1 do sewing machine, pkgs perfumery, 121 crates potatoes, 112 coils rope. EXPORTS.

Foa Sasj Fbaacisco Per Bonanza, Jan 31st CocoanutOfl, galls. 3,300 Rice, lbs 53,300 Coeoanuts lb 263,102 Coffee, lbs 100) Value Domestic Foreign $1,054 PAHSENGEKS. rFoa WisDWito Posts Per Kllauea, Jan 30th II Rogers. Geo Cray, Fuller, Smith, Gibson, Mr Bomford, II Comwell, Geo McLean and son, tfpreckela, Parker, Mm Mitchell. lion 8 Kaal, A Walters, Lyons, A Morrow, A Jones, Macfarlane, Mr Stackpole, I Pico and wife, Mrs Morris, Mrs Jos Pico and child, Aiona and Vwife, and aboat 84 deck.

Fob Pan liac lco Per Bonanza, Jan 31st Mrs Dealer and 2 children, Mr Pomeroy and wife, TG Hughes, Wench, Capt King. Sneykeaa. Fao Per City of Sydney, Feb 2d Mrs Clevoin, Miss II Spalding. Fob Bai Fsamcisco Per City of Sydney, Feb 2d Hon Allen, Gen'ls Grear, Ingalls and Meyers, A Tripp, Sister Bortha, Moffilt, II Tbormen, II Davis and wife, A Patterson, Lieut BoobnoO, Tbos Joliy, Geo 8 Snell, II Alex ander. Kev air Taylor.

Mrs logan, it Kicmenscnneiuer, Marttney, Tuck Chow, Mrs A puck. BRIEF MENTION. Di Mcrska Among tbe passengers from tbe Colonies to San Francisco was tbe Hungarian Nightingale and Signor Susini, tbe basso. Dipthkria prevails in New Zealand and is reported as assuming the character of an epidemic They have alo scarlet fever, and other zymotic diseases. Anotukr Exposition.

We notice that there Is to be an industrial and agricultural exposition at Cape Town, Southern Africa, on tbe 15th of March next month. v-TTTImbles in-the old World. A very Interest-f log letter the first of a aeries from tbe pen of Prof. Frank W. Damon, and dated at Tarts," appears In the IViend lor this month.

Akateuk Theatricals. We understand there will shortly be another performance by the amateurs who were so snccessful on a recent occasion. Due notice will be given of time and place. 1 Child Lost. A letter from Kobala, dated on the 24th ult.

Bays tbat a little child of Mr. Up- church of that place, had been lost for Beveral days in tbe woods, and had not been found at last ccount3. MACRmca. Advices to the I3th November report an enormous quantity of shipping there awaiting freight, but none was offering except in smalt quantities and at such low rates that shipmasters deemed it better to lay up. Good Templars.

The following are theofflcers of Ultima Thnle Lodge No. 1, 1. O. G. T.

for the ensuing term W. C. W. V. W.

L. Ilopper. C. Blackburn. J.

F.Noble. W.8 SBaaa a w.o. T. ...........11. M.

Lewen. D. P. Peterson. F.

B. Oat. J. M. Oat, C.

Blackburn. st a a Ws Ply Amateck rBisTisa. Prof. Clarfce, of the Ilale-akala Boys Boarding School, Makawao, sends as a neat little affair of 28 pages, each page measuring an inch and a half by one inch, it being a selection i of Scripture texts for use in the Sunday School. I The nrintins is well done for amateurs.

The title i cats of this diminutive boos reads Dew-Props. Mr SDeech shall distill as the Published at the Haleakala Boy'. School, 1877." Tub Itaixs. During the month past, the coun try, both here and on tbe other islands, has en joyed fine rains, tbat make the agriculturist to re joice. Our Makawao correspondent says: On Wednesday the 9th of January, there fell in this district 3.25 inches of rain.

January has in fact been a good month, rain having fallen very frequently, and in every instance has come down "drizzle that it has sunk into the Ground, not as sometimes when it "pours" and runs off in freshets. It is to be hoped that the ltinistrv will see if they cannot utilize some of tbe water tbat runs to waste here every winter." Death of thk Mother Superior. The Reverend pother Maria Josephs, Superior of the Sisterhood 'of tbe Sacred Heart in these islands, died in this city on the 29th lnstl, after an illness of several years- Tbe company of lady teachers of which she was ttrt principal, arrived here on the 4th of May, 1859, and the schools for girls which they have maintainad have been eminently successful and 1 have exerted a very salutary influence on our society. Tbe esteem in which the Mother Superior was held wa3 evinced by the extremely large attendance of both young and at her funeral, which took place on the 30tb. This is the fourth of the Sisterhood who have deceased, and we learn that a reinforcement of their numbers is looked fori FiRXMEx'ri Parade.

The annual parade of the Honolulu Fire Department will take place this morning, when all the different companies will turn out in uniform with their machines and march in procession through tbe principal streets. Very fortunately we bave seldom had occasion to re-. quire the aid ot our Fire Department in actual service but let ns not on tbat account underestimate its value as a public institution a standing insurance against fire. Tbe line of march will be on-tbe same route as last year, starting at 11 o'clock. A Clear.

Atmosphere. At 6 o'clock r. iu on Thursday, Pilot Mclntyre at his residence in the valley was sweeping the S. W. horizon with bis glass, when be saw the upper masts of a vessel, in I tha direction in which the Australian steamer should be coming, and shortly after smoke arising.

Fie felt sure that it was the steamer, and made bis arrangements for her arrival off tbe port by 10 or i ll o'clock; which guess proved to be correct. Capt Dearborn, of the Ciln of Sydne. reports that at o'clock p. m. he was by reckoning 55 miles distant from the entrance of the Capt llolntyre's look-out is at an elevation of about 140 feet above the sea level.

The atmosphere bas latterly been remarkably elm bout the ialaada. THE PACIFIC Commercial Ubcriiscr. SATURDAY. FEBRUARY 3. The resignation of Chief Justice Allen on Monday lu.t, was followed on Tuesday by the reorganization of the IJencb, Mr.

Justice Harris, the First Associate, being promoted to the position of Chief Justice and Chancellor of tbe Kingdom, and Mr. Justice JuJJ, Second Associate to that of First, while Mr. Lawrence McCully was elevated to the Bench as Second Associate. This is the first instance in the history of the Supreme Court, since its original organization under Judge Lee, of regular promotion on the Bench. There bave been numerous changes in the past by death or resignation, but vacancies have always been filled from without.

The first of these appointments Lad, from the very natural course of events, teen foreseen for years. Besides being a ripe scholar (a graduate of Harvard) and a thorough lawyer, the present Chief Justice has had over a quarter of a century's active and intimate acquaintance with the Courts and the people-of this country, aa a private practitioner, public prosecutor, Cabinet Minister and judge. His familiar knowledge of the peculiarities of our people, our laws and usages, which has been acquired in this lengthy and varied experience, together with that characteristic (not always found in a judge) which we may term approachableness by all classes, constitute valuable qualifications for the high position. Of Mr. Justice Judd, who was elevated to the Bench nearly three years since, shortly after the accession of His present Majesty, and who now becomes First Associate, it is only necessary to eay tbat the opinion then expreseed by us ot his ability and fitnesd for the position has been fully sustained.

Mr. Justice McCully, the newly appointed Second Associate, is a native of the State of New York, a graduate of Yale College (as also is Mr. Justice Judd) has been a resident of the islands since 1854, and a member of the Hawaiian Bar since 1859. He was for several years Police Magistrate of Hilo, and filled with acceptance the position of Deputy Attorney General during the incumbency of Mr. S.

H. Phillips. Besides the qualifications of a logical mind, a legal education and much experience in the practice of our Courts, he has the valuable additional advantages of being a good Hawaiian scholar and possessing a thorough knowledge of tbe native character. Wood and water arc the life of any country without wood and water neither man nor beast can long exist anywhere, and vegetation even of the commonest weed becomes impossible. Without water there can be no wood, and without wood no water, and the absence of both means a barren waste, a dry Sahara, a field of death.

In view of the 'our of inspection upon tbe other islands about to be undertaken by tbe Commissioners recently appointed in accordance with an act "To aid the Development of the Resources of tbe Kingdom," it occurs to us that among their duties should be tbat of a careful examination of localities with a view of deciding upon eucb as may afford facilities for the construction of natural reservoirs of rain water in those regions that are peculiarly liable to seasons of drought. This system has been followed for many years in Europe, where especially in Switzerland and tho Tyrol are found numerous reservoirs, which receive the rain-fall or tho water from the melting snows and glaciers, and from which it ia distributed upon tho cultivated landn. In Moxlco, also, ouch reservoirs are found, often of great extent, and are formed by closing up the entrances of valleys surrounded by mountains. Instances are recorded where the existence of such reservoirs in the latter country has proved tbe preservation of many thousands of animals during long con- that our Commismonere will meet with many valleys among the mountains of these islands where small outlav of lahnr would miffiv tnfl I create magtmnes of water to be used in easel ol necessity in farming operations on the lower lands, or in the way of replanting forest0, or i creating a forest where none now exists wheref tho land is entirely barren, as at Waikiki near Honolulu, or upon the sandy plains between Wailuku and Ulupalakua. What a benenaa change might be created at the latter pointn a very few years, and with a very small outlay Leaving out of the question the theory about increasing the rain-fall; tbe prospective value of the firewood that would be afforded should de mand attention.

If that region were planted with seeds of the algaroba, dropped in a furrow made with a two-horse plow, planting say fifty acres at a time, and fencing with wire, the fence to be moved on to another fifty acres after the plants had had two or three years growth the dreary waste would soon become a place of beauty and value. A correspondent at Makawao informs us that on the 9th of January there fell in that district, 3.25 inches of rain, extending over an area cf at least five miles square. Now the above amount of water would 11 a tank 3000 feet square and twenty feet deep if we bad the tank. Tbe rains that do the most good are of course those that fall gently, when every cubic inch sinks into the ground tbe destructive rains are those that pour," for then the land-owner sees tbe best of his hillside soil carried down to the low lands, to his loss. Just how much of tho top soil is thus carried away may be roughly estimated by noticing the rapidity with which hollows in tbe face of tho ground in the wake of freshets are filled with silt, and how denuded of earth the bare hillsides become.

If the cul tivation of trees and Bhrubs afforded no other result, their office as arresters of escaping soil would, jof itself, be of inestimable value. Supreme Court Decisions. Kaaihue vs. Crabbe. A majority of the Court has ordered a new trial in this somewhat celebra ted case.

The claim of the plaintiffs to the land was that of inheritance from one Kalaman and also by prescriptive use for over twenty years. Tbe defendants claimed under a deed of conveyance from Kalamau of Feb. 26, 1850. The defendants moved for a new trial, alleging as grounds therefor that the verdict was contrary to law, evidence and instructions, and error of the Court in giving and refusing certain instructions and also for newly discovered evidence. The Court rejected the last ground.

Tbe Court in commenting on the statute requiring registration of deeds to make them admissible in evidence against subsequent deeds duly registered correctly remark, tbat this statute does not make an unregistered deed (as tbe one in question) a nullity; but tbe inference of tbe Court tbat would seem tbat the jury so regarded it," must be regarded as conjectural, since evidence of adverse possession in the plaintiffs, as well as evidence of the genuineness of tbe grantor's signature, was be fore the jury, and either their belief of the former or disbelief of tbe latter would have justified their The Court also state correctly tbat no direct evidence was offered to impeach tbe deed but the fact tbat tbe undertook to prove tbe ded, by proving not only the sign- I tare of the witness but teat or ise aiifgea graaior also, and tbe fact that tbe prool or the grantors signature attacked by tbe cross-examination 1.4 Dot alluded to. The Court recognize the principle tbat the landlord and tenant act applies only to cases of admitted tenancy, and cannot be used in lieu of rjectmenL Tbe Court In this case consider some questions of law which are involved, although the Bill of Exceptions raising them does not show that the points were duly excepted to at the trial. Mr. Hartwell for plaintiff; Messrs. Jones and Preston for defendants.

11. A. IVideinann is Kalapu. As this case involves questions of great interest to planters, we print the statement of the matters submitted by azret ment to tbe Supreme Court, together with its opinion. The plaintiff, we understand, relied mainly on tbe power of attorney, and the absence of any necessity of bis continuing to own tbe land itself.

Agreement to transfer cause to the Supreme Court to Banco. It is hereby agreed by and between the above named parties as follows, viz Tbat the Plaintiff claims the services of the defendant unJer and by virtue of a contract of labor, a copy whereof is hereto appended, which contract was duly executed in duplicate, and under tbe following statement of facts viz That at tbe date of said contract Charles C. Harris and tbe siid II. A. Widemann were owners of the Waihee Plantation and were carrying on and managing said plantation for their joint interest as co-partners.

That on tbe 15th day of August, A. D. 1876, the said Charles C. Harris released to the said II. A.

Widemann hi interest in the said plantation. That on the 20th day of September, A. D. 187C, the said II. A.

Widemann executed the conveyance to James Makee and John D. Spreckles which is filed herewith, reserving to himself a certain undivided interest in the crop of said plantation, and as a part of the consideration for such conveyance making said James Makee his attorney to enforce all outstanding labor contracts, as shown by indenture of agreement and letters of attorney whereof copies are herewith filed. That the Plaintiff brought suit against the Defendant to enforce said contract before the District Justice of Wailuku on said Island of Maui, on the second day of November, A. D. 1876, and said Magistrate thereupon ordered and adjudged that the said defendant do return to the plain ill's service on said plantation, from which judgment the defendant appealed to the Circuit Court of said second Judicial District.

That by leave of said Circuit Court first had and obtained the said cause is agreed to be transferred from said Circuit Court to the Justice of the Supreme Court in Banco, to be heard by tbem at any time in vacation or in term time when they may so direct, and their decision thereon is to be final to determine the rights of the said parties in the remises. Alfred S. Hartwell, attorney for plaintiff. Edward Prestos, Wm. II.

ILalstkad, Attorneys for defendant. Lahaina, Island of Maui, Dec. 6th 1876. I herebv certify that the foregoing is a true copy of the original agreement filed in the clerk's office of second juaiciat lircuu vouri in iue wiuiiu mentioned cause. Henry Dickeksox, Jr.

Clerk Circuit Court, 2d Judicial Circuit. Lahaina, Dec. 18th 1876. The owners of the Waihee Plantation vs. Kalapu.

Allen, Ch. Harris and Jcdd, J. J. This is a statutory action to enforce a contract for service, brought up by appeal from the district court of Wailuku to the circuit court of the second iudioial circuit the jury waived, and the case transferred by consent, to the Supreme Court in Banco. It appears from the papers and admissions filed that this contract was made on the 19th of January 1876.

by which the Defendant agrees to work for the term of thirty-four months for the Owners of the Waihee Plantation then being Messrs. Charles C. Harris and Hermann A. Widemann that on the 15th day of August A. D.

1876, Mr Harris sold his interest to Mr Widemann, who then became the owner of the entire plantation. This was a dissolution of the partnership. 1 Parsons Contract, page 130. Section 1424 of the Civil Code enacts That where the servant is bound by any company of individuals, the death of any one partner or tbe change of partners in each company, shall not operate to release gnf-rt iwrsnt from the terms of his contract." This we take to mean that whatever changes may take place in the original firm employing the laborer, the contract continues to be binding so long as one of tbe original members remains in the firm, to whom the laborer can look for the payment of his wages, for directions as to his labor, and for humane treatment, all of which were the considerations, whioh induced him to enter into the contract, Tbe term The owners of the Waihee Plantation in this contract is no more than the title, by which this co-partnership was known tnat is, it is the firm-name under which this enterprise was con ducted. It cannot be claimed that the Defendant by the form of bis agreement, contracted to work for become the owners of the Waihee Plantation, for then there would be no individuals ascertained to whom tbe service was owing, or in case of a change of ownership, these individuals would be ascertained independently of tbe servant's will.

On the 20th of September 1876, Mr. Widemann sold tbe Waihee Sugar Plantation to James Makee and John D. Spreckles, but reserved a certain share in the proceeds of the plantation' as stated in an indenture cotemporaneously executed. By thia indenture the purchasers of the plantation agree that Mr. Widemann shall receive during the term of two years, three fourths of all the gross proceeds of the crops on the Waihee Plantation, in consideration of a reduction made by him in the agreed price of the plantation, and in the further consideration that Mr.

Widemann employ and retain the laborers then employed on the plantation under labor contracts. and Mr. widemann at tbe same time gave Air, Makee a Power of Attorney to manage the labor in his name. Story defines a co-partnership to be" a voluntary contract between two or more competent persons to place their money, effects labor and skill, or some or all of them, in lawiut commerce or business, witn the understanding that there shall be a communion of profits between them." Lindley on co-partnership, section 12, says An agreement to share profits and losses, may be said to be tbe type or a partnersnip contract ana again, Although it has already been pointed out, that to share profits ia prima facie an agreement for a co partnership, yet it is conceived rightly that a part nership, is not the result of an agreement to share gross returns. lanmey on irartnersoip t.

Tested by this definition Air. Widemann is not a partner, for he does not share in either the profits or the losees of tbe plantation, but in its gross proceeds, This indenture contains a condition that the percentage to be paid Air. idemann shall cease upon any sale of the plantation. This would militate against the idea that the payment of the per centage was upon any valid consideration except the one last stated i. e.

the employment of the laborers by Mr. Widemann under their contracts, and by itself, would be nothing more than tbe agreement between Widemann on tbe one part and Makee and Spreckles on the other part, by which Widemann in consideration of this percentage was to retain and employ the contracted laborers on the plantation of Makee and Spreckles. Now the Plantiff can only have the right to enforce the personal services of the Defendant by virtue of the Master and Servant Act, subject to provisions of which this contract was made. When Mr Harris left the partnership Mr. Widemann being the remaining partner had tbe right to compel the service of the respondent by tbe 1424 section of the Civil Code which controls the whole matter.

And if he has taken Messrs Makee and Spreckles into partnership then the partnership thus formed would have a right to compel the service so that the question rises whether this is a change in the partnership, which is provided for by the law, or a mere attempt to assign the contract, which in itself, is unassignable. Now it is clear that Widemann had conveyed the absolute interest in the Estate, and bad nothing more to convey be would have to pay no share cf its losses, and he would enjoy no share of its profits. The clear averment is that he would have three quarters of one per cent of its gross proceeds. not of its net proceeds as part payment of the price for which he sold, thus averring a sale of the whole Estate. He has no voice in tbe management of tbe Estate cr even in its sale, if Messrs Makee and Spreckles shall see fit to sell it.

He is in no respect an owner of this plantation in which title this action is brought. Messrs Spreckles and Makee are the sole owners cf that plantation and they are not the owners with which this man contracted. Judgment for Defendant. Eusha H. Allen.

Cbas. C. Harris. A. Francis Judd.

Hon. A. S. Hartwell, for Plaintiffs, E. Pbxston, for Pefendant, Honolola, January 80tb 1877.

The Execution at Apaiang. Honolclc, Jan. 26th To the E.Mor of the Pacific Covimircial Advertiser II. B. M's.

Scbr. Lieut. Com. Pujth. entered tbe lagoon of -tpaiaoir.

Gilbert Is, on Sunday afternoon April 23rd 1S76. She was e-nt to ee tbat tie murderer of Mr. A. J. Keyes.

a British subject, was executed by tbe King of ApaiaQg. Tbe government Apaiang is not yet recognized by nations as a civilized government, so Capt. Pugh could not treat with the King as he could with a regniarlj organized and recognized government But Te Kaie, King of Apaiang, had given Mr. Kejes a wriaen promise of protection to life and property, therefore the King, and not Capt. Pagh must execute the murderer.

On Monday Capt. Pagh asked me to go on board tbe Renard and give ail tie evidence ia my possession as to the murder. Capt. R. Randolf, a British subject and trade, was also called.

On Tuesday afternoon tbe Khg and a high chief by name of Te Kabnnare were called on board, and received with honor. Oa being shown into the cabin, Capt l'ogi asked Te Kaiea if he was King of Apaiang. He said he was. When shown the written promise of protection he had given Mr. Keyes he said That is it.

I know what it means, I signed that with my own band." Capt. Pugh then asked him wby be did not promptly arrest and execute the murderer. The answf was I was at Butaritari at the Wby did you not said Capt Pugh "send to Marakai as soon as you got bask and bring him over here and execute him." Now mark the answer: "The missionary told me tbat I ought to do so, and that a British man-of-war would be here to settle about it if I didn't but I didnt know whether you would really come. My mind was that if a man-of-war should come it might execute the man, if not he might five." Capt. fugb, looking at his watch said, Within two bouis a large canoe filled with men must be on tbe waj to Marakai to get the murderer.

If you think the people there will try to protect tbe man send canoes enough and men enough to overcome all opposition. Don't return without bim." Te Kaiea asked But what if we don't bring bim." The reply was such as the commander of a war vessel should have made, If you do not bring bim you will not see my face again." And ibrough us told him bin village would be destroyed at once if tbe canoe returned without the murderer. A canoe with only five men, bearing letters to Kanobo the Hawaiian missionary and a trader on Marakai instructing tbem to tell tbe natives to give up tbe criminal or have their whole island destroyed by the man-of-war left within two hours. Thursday evening it returned with the murderer. He was secured on tbe Renard tbat evening.

Many of his friends came, armed, fron the North, saying they would rescue him. Ant Te Kaiea said the people of Apaiang would if tbe Captain landed with his crew. Friday morning at a quarter of eight two boats put off fiom the Renard which had dropped down and was lying directly under the King's house arid landed Lieut. Com. Pugh, Lieut Reese, foirteen of the Renard's crew (there were but twenty six all told) and the murderer with a rope iround his neck, and his hands firmly tied behindhim.

Tbe crew formed on tbe beach, loaded witt ball cartridge, fixed bayonets, and marched dinctly in front of tbe crowd of five hundred or nore natives, and, turning their backs on the crovd, stood facing tbe cannon to which the man waj to be bound. Tbe natives who were armed slunk off through the crowd, and all were so frightenel tbey didn't know whether to stand or run. The nurderer was tied to the mouth of the gun, the torch as applied-all by the natives, at the command of tie king, and without a moments suffering Tekeaua passed to the next world, and his mangled remains lay on the beach where he used to play when a bop. The mode of execution seems horrible, but maj it not be that just such a lesson was needed by tie people At first I felt as many do now, but afterwards I saw the good effect of it. Capt.

Pugh's oiders were strict; he must see the king execute the nurderer, and he did. By threatening to destroy lis village if the murderer was not secured. And if ie fired the captain was compelled to fire on the king's village, because the king had given Mr. Keyes a written promise of protection. Threatening to destroy the whole village.

I think was not wise. Fir in so doing he would necessarily destroy the misson premises, and have a bill of some $2,000 pay, which would have injured tbe effect, on the natives, of their punishment The whole people were guilty, because not more than fifty waned to have Tekeaua executed. If Capt. Pugh had replied to Te Kaiea, If you do not bring the mtrderer, you will lose our confidence and respect, and we will have nothing more to do with the caroe would not bave started to Marakei Tekeaua would row be living, and no native would fear to kill a whle man on tbe slightest provocation. That would havebeen greater injustice than to blow the man from tb cannon's mouth.

Yours truly, Horace J. Taylor. Last year when the Star left Apaiang, the natives talked nhnilt dnvio all tho wbitaa nfT th Island and I fell the missionaries were in real danger. this year when we arrived at Apaiang, 1 was great ly surprised to see the change in the appearance of the natives. Tbey were very respectful and kind to us and to tbe missionaries, and I soon learned the canse it was the execution of the murderer of Keyes.

They were compelled to do it by the Captain of an English man-of-war, and it had the best effect of anything that has been done there for a long time. Men have to be persuaded sometimes according to their educatbn, and this people tbat have learned to eat ono another can be persuaded Quickest by tue voice of a cannon. There is yet the sum of $400 due from tbe King of Tarawa to tbe American Board for mission property destroyed it there is an American man- of-war sent dowc there right away, it can be col lected no doubt without blood shed, but if it is put off for a year so, it is my opinion, as well as Mr. Taylor's, tbat tbe natives will kill the Hawai ian Missionary there. A.

D. Colcord. Departure of Judge Allen. His Excellency tbe Hawaiian Minister Resident in the United States sailed yesterday for San Francisco mail steamer. His Majesty the King, the Prince Leleio- hoku, the Judges of the Supreme Court, the King's Ministers, and many personal friends of tbe re tiring public servant assembled on the wharf to shake bands and wisk him God-speed.

Tbe Band was in attendance anl played several appropriate airs, finishing with Auld Lang Syne" as the tessel' started from tee wharf. Small Pox. The steamer from the Colonies which arrived on Fuday morning was considered as due on Monday, and we learn that the delay was caused by the presence'of small pox on board the Australia, on tbe passage to Sydney, necess itating the putting ol that vessel into quarantine, the City of Sydney being thereby made to do double duty for a time. The Australia sailed from Honolulu on the latt December, and tbe disease appeared (one case) on the 23d. The steamer was placed in strict quarantine at tbe Fiji islands.

LATER FOREIGN NEWS! Via Sydney per Cable. The City cf Sydnej, which arrived yesterday morning, brings Coloiial papers to the 15th January, from which we clip the following cable- grama, which are six days later than oar advices via San Francisco London, January 9th. At tbe meeting of tbe conference on Turkish affairs on Monday, Lord Salisbury refused to admit the arguments of tbe Turkish delegates, who were equally persistent in rejection of tbe conditons proposed by tbe Representatives of the European Powers and entered into a debate on the question of the guarantee, especially with reference to the proposed international commission. London, Jan. 10th.

It is generally expected tbat the Conference of European Representatives will end in failure. Tbe Turkish delegates will yield nothing substantial. Abul Uamid, replying to a petition from a number of subjects at Adrianople who sought permission to take up arms against their common enemy, said that if war was necessary he would at once place himself at the bead of tbe Turkish forces. The Russian Levant squadron has rendezvoused at Odessa. London.

Jan. 11. An election crisis occurred at New Orleans through the Democratic Militia obeying the orders of Lieutenant-Governor Witty. lbe Republican officers were duly installed, when the Democratic official corps and Militia blockaded tbe Republican Governor and Legisla tors in the State House. There was however no bloodshed.

President Grant has ordered the Federal com mander of Louisiana, General Augur, to take steps maintain peace, without in any way recognizing tbe Democratic Governor. C. S. BARTOW, AUCTIONEER, SALESROOM OS QUEEN fc3 Street, foot of Kaahamana. ly FOR SALE.

A N'EARLT NEW BLACK WALNUT J. Chamber Set, Marble Top Bureau, Hair Cloth Sofa, Etc. complete. Enquire of H. I.

N'OLTE, fe3 3i Corner of Queen and Nouanu Ets- NOTICE. MESSRS. A. S. CLEG HORN JL Vm HIVE to oocfj lbe pubi th4l oirj 10 th Ulons of Mr.

J. rOKTER Utt.KLN.Hal mUrtraa 00 locj-r to ctlct their aooasts. iioaolala, "February lit, li'l. tti Zl notice7 T1I1E I'NDCRSIOrD HIS St. K-Vicet to the r-attic as collector cf aorcants, as wt.i as copyist, tic.

Ail baaiaeas to hios ill atteolnl to srita dispatch. aoi t'Cca CecU Brown, Ksq Kaa'jniraca MM. It3 3m. H- W. LA1SK.

NOTICE. ATTHElDJOlRNKDANM'iL MKKT-INvJ of tb Kohala go tjopiay, hckl Jaaaary Tta, 1377, the foUowinf officer, fur the eosutr.f fear, were elected, to wit 1 1 MOTTMITH PRESIDENT. 8AM ALLEN VICE 1'K EVIDENT, SAM'L CASTLE TRaAl RaK, COOKE KCR.TAKY, DAS'L SMITH Al LiTuK. coosr. fcac'V awhaia feaar Coaapanj.

fe3 3t WAILUKU PLANTATION! WAILUKU, MALI, fur Sale by CROP OP 1816 C. JSKKWEK A rents fe3 3m HONOLULU FIRE DEPARTMENT ANNUAL JPARADE rjMIE SEVER A COMPANIES OF THE Department are requested to assemble ia the Pqaane op. posite the House of Mechanic Engine Co. No. at 0:30 o'clock, Thia Satarslay Morning, 1st Fall I'ai-rsrm, with their aereral apparatus, for the purpose of form-ing the Annual Parade.

A full attendance is requested. XT The rrocess.on will start at the up tf the Tower Beil. Per order, C1IAS. T. GCLICK, Honolulu, February 3d, 1377.

Sec'y II. F. LOOK OUT FORVALEMTIHES Will shortly be opened up a fine variety of Sentimental and Comic Valentines, ordered with special reference to this season's requirement, by THUCM A OAT, Stationers. Orders by mail hithfully aUenJed to. fe3 2t AT Mim ART GALLERY Ol Fart Street, MAY 13 FOUND, IN ADDITION TO His Large Varied Stock OF ographs PICTURE FRAMES.

AS EIEGA.1T EXTENSIVE STOCK OF Rare Beautiful Corals WBITK, RED, PCBPLB AND BLACK Rare Specimens OF TUB FINEST PINK SHELLS In rent Variety. HAWAIIAN FERNS, BEAUTIFULLY MOUNTED, IN SETjS AND A LARGE SUPPLY OF RARE SEA MOSSES OF THESE ISLANDS. GIVE CS A CALL. fe3 qr Suporior 11 Oregon Oats and Bran, COLUMBIA RIVER SALMON, In Barrels and Hall Barrel JUST RECEIVED AND FOR SALE LOW. BY CASTLE Ac COOKE.

fe3 IRON WATER WHEEL FOR SALE. lAUFACTDRED BY THE McOKlE'S, I'M. ia Glasgow. The wheel Is In perfect order, and almost new; is 24 feet in diameter by 3 feet on the face. There are two spare sections of side plates of buckets belonging to it.

For further particulars, terms, apply to Dr. J. WIGHT. Kohala, Hawaii, or to J. T.

WATERHOUBE, Honolulu. TENDERS WANTED JjlOR THE CONSTRUCTION OF TWO AUXILIARY BUILDINGS To the Queen's Hospital, to be placed on the grounds. PLA.S ASD SPEUi RATIONS FOB At tbe Office of the undersigned. Sealed Traders. be Loaded hi mi before Feb.

lOth. By Order of the Board of Trustees of tbe Queen's Hospital. F. A. ECIIAEFEB, Secretary.

ja27 3t Honolulu. Jan. 21, 1877 3VT THE MOST WOSDERFIL DISCOVERY Of tlie CAIl. A1I EXAMINE, FOR SALE AT ja27 2m A. Li.

SMITH'S, Fort Street. PUBLIC NOTICE. THE FOLLOWING OFFICERS WERE elected for the ensuing year at the annual meeting of the Haiku Sugar Company, held January 13tb, 1377 JMOTTSMITn PRESIDENT, ALEXANDER VICE PRESIDENT, JP COOKE SECRETARY, 8 CASTLE TREASURER, SI COOKE AUDITOR. Per Order, 3 COOKE, a20 3t Secretary Haiku Sugar Co. KAPIOLANI PARK ASSOCIATION.

-oxJOTICE IS HEREBV GIVEN" THAT AT a meetine of the Board of Trustees held the 17th day of January. 1377. an assessment of ($25) Twenty-fire dollars per share was levied opon tbe capital stock of the corporation, payable immediately to tne ireasurer at omce oianopac uo. By order of the Board or Trnstrees. ja20 3t H.

MACFARLANE, Secretary. NOTICE TO TRESPASSERS. ALL PERSONS ARE HEREBV FORBIDDEN to trespass on tbe land called AIM AN ALO, in the Ahupuaa of Honooliuli, District of Ewa, Oabu, by letting cattle run on the same, or by catting, or taking wood, or killing wild cattle, or bunting 00 said land. The bonndarirs of said land are described as follows: "Ou Aioa Hoclixnaliina mil ia John Meek. ke Kala 0 LiniK, a me ke Kala UONOULIULI, ma ka aoao mauka, a me sa aoao makai NANAKCLI, ma kahi aoao ca Kooilma, ma kahi aoao." Honolulu, March 11, 1S76.

(mhll if) J. II. CO-EY. JUST ISSUED TnE Hawaiian Almanac and Annual For 1877 rilHE MOST COMPbETK :1 til-n I nnhliahed. and the best namKhlet to answer foreign en quiries that has been iasued, as well as the fullest in inf lion for local requirements.

Price. 50clsech, sr 60cls for foreign) mail. Ty Orders from abroad can be remitted in stamps. THRUM A OAT, Publishers. Ja20-lm Honolulu, H.

I. OREGON IfilS SUUID NOTICE TO CREDITORS. THIRD AND LAST DIVIDEND OF 40 ceol. will ty Ih. Am (nm of Mraxra a Cociwav at tbs office el A CWgbora A Co.

ana axWr KvMSPAT, January A CLEGHOmN. Awufoee of Estate (il t'oawty li.rala:a. Jaa IS, 177 )aJT C. BREWER CO. Oiler Tor Sale to Arrive, PER AMERICAN SHIP C0RIN0A, R03I BOSTON! Doe in March orxt, the Largest aaJ Most Complete Assortment or General tfcrcliaiidisc Krer Imported Into this Coantry.

rotiaisUfig in part cf: futa Coal. Red Oak Casks, forty ralloos each, Cuttberlasd Coal, SO ft. A lira Tisuber4 It haW Boats, art. 2YX ntolioal Pitch, Tar, Keaia, Tarpeotln. Tarnish.

Lina4 OJ, Mineral I'aiol, Laasp black, Fatty, Uuls otao, A CHOICE SELECTION OF GROCERIES I Namely i Corn Starch. Clams. Lesson ftsrup, Ureea Peas, Tomato Ketchup, Mackerel, Potwd Meats, l-obstrrs. Tomatoes, Meat. Orklns, Cider Vinegar.

Ureea Corn, LA CROIX BRAND White Cube Hugar. Mark Turtle A Tomato fVnps, Barrels and Cases gait, rami! Pork, la barrels; Sprr Caidits, Mass' Blarllajr, C14 Leaf Ttaarta, Oa Bows, Ji, 11, aaJ I Inches; Choice Assortment of FIRE WORKS I Consisting of Rockets, Ben tolas asJ Roman Candles, Ad Inrok-e 0 Cat Nails, Sd tost); Oars, Am Handles, Hoe Handles, Hand Carta, light and bearyv Csliivatora, tde Hill Plows. IPJEtlS PLOWS, Leather Belting, six Inchest rsirbank's (Vales, Hunt's Hatchets, axe and shingling! AXEMt 41 Kireta, Babbitt Metal, Hemp Twine, Rubber Packing, 1-1S lnrh Urns Packing, Bolder, Ply at) her Hose, I Inch, for garden ost II A COAL IKONS, Male Collars, Brass Wire Bieres, Centrifugal Linings, tirindstooss, Butgs, Birch and Corn Brooms, Zinc Wash Boards, Maynard A Noyc's Ink. Yellow Metal A Bhesthing Nails, Anchors, 100 lbs. and 160 New Bedford Cordage, tbreais to i io Whais Llivs, An loroiee of Ke fined Iron, asstd.

sises; Norway Shapes, A VERT CHOICE Bt LECTIO. OP Consisting of i Rolling Top flics Desks, Black Walnut Wardrobes. Library Cases, Secretaries, Ash and Black Walnut Bldsboards, Ash and Black alnut Withstands. Ash and Black Walnut CHAM I1CR SETS, Lsdles Black Walnut Desks, Ladies' and Gentlemen's Kasy and Rock If ig Chairs. Voiding Chairs, PoMing Tables, Painted Chamber Beta, Imitation of chestnut and oak 1 Black Curled Hair, an asst.

of Dining sod Offic Chairs, A well selected Lot of Dry Goods: Consisting of Brown A Blesched Cot too Kneeling, Chlnls Percales, Cardinal Robsa. Hamilton Prints. Tcari KJrer and Hay Makers' Dtalsat! Ticking, Amoskeag Pbirtiog, Brown Flannel, Blue Drilling, Oreralla, Denim Pants and Jumpers, Plaid Shirts, Palm Leaf Hats, Lawrence Duck, Nos. llo 10; Karen's ditto. Cotton Twine, 600 Cases Pratt's Keroaens Oil, 300 Cases Dowser's Kerosene Oil, Black Walnut, Ash Plank, Nests Trunks, Oakum, EASTERN KEG and BARREL 8H00KS Hoop Iron, 1, li inch; Caustle Hod Palm Oil, THE LARGEST ASSTfTT.

OF CARRIAGES ever imported in one vessel, consisting of 1 Jumpseat Carryall, 3 Extension Top Cabrlolss, 2 Canopy Top Basket Phaetons, 1 Caflra Wagon, 1 Spring Brownell Wagon, 1 Pony Plurton, 1 Express Wsgon, 1 Park PhsBloo, THREE OF THOSE J18TL.V Celebrated Wood's Organs I DIFFERENT STYLES, An Asst. of Ready Made Clothing, from the house of Messrs. Isaac Fenos Co. An Inroice of McMurrsy's Fresh Oysters, A full asst. of Knowle's Patent Steam Iuara, Nos.

3U1 All of tho above Morchandiso HAS SEEN CAREFULLY SELECTED EXPRESSLY FOR TUIS MARKET Purchased for Cash, and will be sold at YERT LOW BATES upon reasonable time, or a DlacwMsH fsr Cash. ja27 3m C. BREWER fc CO. MILLINER'S NOTICE. MISSH.E.GORMA, LATE OF CHICAGO, begs to inform the Ladies of Honolulu and the public generally, that SHE HAS OPENED A SHOP In Mrs Foster's Dry Goods Store, Fort Street, abort Dr St re hi 's, having selected A CHOICE STOCK OF GOODS OF THE Latest American French Styles which are offered at Reasonable Rates.

DRESS MAKING OF THE LATEST STYLE. by Mrs. M. Lm Foster Orders from tbe other islands promptly attended to. ('123 xg A SMALL.

IOT OF Frascr River Salmon! IX GOOD ORDER FOIl A.ZiIl A.T I PER BARREL, TO CLOSE SHIPMENT. Js20tf TIIEO. II. DA VIES. ORANGE COWRIES MAPLES COWRIES AND OTHER SHELLS Ex Morning Htar For Sale by j.20 E.

HOFFSCHLAOER Co. CHATVIPAGIYTE 1 L'ST RECEIVED PER KA MOI. A i.n voice or IIEID8IECK Grand Vin Royal, In Quirts and Pints. For Bale at A genu' rates by H. HACKFELD A Co, Bole Agents for ilessrs.

Heldsierk A ap30 Uhtim. CHAIVIPAG1ME 1 UST RECEIVED PER KA MOI. AX INVOICE OF Ruinart, Pere Fils Carte Blanche IN QUARTS AND PINTS. Fcr tale at Agents' rates, by II. HACKFELD A Co, Sole Agents for Messrs.

Ruinart Pere Fils. ap2 Kheisns. Manufacturing Jeweler. NOTICE. TM1E UNDERSIGNED, FORMERLY WITH Mr.

Eck.irt, hers to inform cititens of Honolulu sod the public generally, that be has taken tbe store oa Fort Btreet, opposite Odd Fellows nail, (formerly occupied by Thos. Tan-natt,) where he will gire special attention to tbs manufacturing and repairing of all kinds of Jewelry. Particular attention given to Ehell and Kukul Work. 7 Will guarantee satisfaction in all his work. XI Honolulu.

Not. 27, 1878. (no25 6m) WM. M. WEMWER.

TO LET. A CONVENIENT COTTACB. Ss. IOJ Nouanu Arenue, at present occupied by THRUM, Esq dia Enquire of J. v.

wu. $5.00 REWARD. OOT ON THE t'l'AKD OR PA CO A ROAD, as oval, tirtll fHnns Caasss srt ta rearts. Tbs abovs reward will bs pais is IMe hj iss j. Morr HMrrit.

tele: CjEjeslg-o OF Till FINE BRITISH IRON SHIP JUST ARRIVED, i Sale! OOMPKIf IJIU A FULL ASSORTMENT or tfOOUEU OTHER GOODS NE XCWITTLKMir PRINT, BtripeJ Iieoitni. Vrlfsi CarpsU A Rip, Hassocks Tilot ClotblDf Towels, Couotfrraors, While Moleskins, Sklrta. GrrDkiioes, Sears rs anJ Ties, SUk Llanksts, Critueao, Oxford tnJ RegittA UblrtJ, Flannels. Tweexls. Poo ho.

SADDLES AND BRIDLES, Swiss Mulls, rrlotrJ Uti, Waterproof Clotbiof VktorU Uwu, Dock Maslisa, Lacs Curtains, BAGS, BAGGING, CANVAS I Twins, Leather Paint. Oils, ripen. STATIONERY! Wire Rope, Corrugated Roofing, Blue. Mottled Soap, OalTaDlasd and Tinware, Fencing Wire, Hoop Iron, Hullo ware, Charcoal Ironi, O-oe, Cutlery, Bar Iron, Lea Pcrrin'f Sauce, JAMS AIVI JELLIES OohhoIPh Perfume, Soaps IlriiNliefi, Hcnnessj'e, MartelPs and lUbio'e Brand, In caske and cases; Fine SLerrj, in quarter caske and caeee, Geneva, Whiskey, Rum, Hock, Moeelle, Alcohol, Blood Wolfe and Sam' Palo Alt, EJmund'a Tig Brand Porter, BOICIIET'S XirOLKOX CIBISLT Lalaude's Red Bar Claret. Duntille'a Whisky, Doord'e Winea and Spirits, Silicato Painl Paints I FIRE BRICKS, RED BBICK8, CEMENT.

CHALK, WHITINO, Powell Duffryp'a Steam Coal I HA WESTON'S CENTRIFUGALS ENGINE I McOnle'i Cooleri, And to Arriva, McOnie's Clarifleri FORRALKDr TH EO. H. AVI CO. Coffee and Billiard Saloon, TOBACCO km STOflB! ESTABLISHED IN 1858, OFFICII FOB 1ALB A ITS! ABSOkTMEMT 01 HA Mi, GEIMIM MANIA CIGARS Light and Hard Frciied NATURAL LEAF TOBACCO. Fine Cut Chewing Tobacco, AN ASST.

OF CUT SMOKING TOBACCO 1 A4 a Largs AssorUaeat of BRIAR WOOD AND OTHER PIPES Tcbaceo Poaches, Pips atems, A saber anS Horn Mooth Pise, ripe fesKtoaa, Olrawtls fiK'i see. II. 4, NOLTE, Corosr of Qosso ao! Naeana lie. laltqr STOVES AND RANGES! T1IIK rDF.nIflFDIIVRHKCFIVEO AX si A HV aiKLLB feONItitrs AND V. V.

MC'AAAT tbs towing list sf stores aa4 lUnfss. BUCK'S Wood orCosl. MAGNA II A RT A For Wood, seven alsre. IRON Wltk Cast Irsa warn closet as ef(eT reservoir, a Urge fawiJ sturs. SUPERIOR is boles, a good srtlile.

AL.MKDA Jsst U. article aiuall faailllas, vsr asat deslgs. PIMJT. a I LAUREL, for Wood or CoaL Tbls Bangs Is said to bass tbs largest sals of aor of ite style oa tbe Psetflo coast. 4 sisss.

COUPON, OPERA. Also, Just at hand, a Bos aasurtsteat of Glasgow Stoves Ranges I oss prising lbs following list i MI IT REM RANGE, I VICTRESS STOVE. 6, 1. 9 PACIFIC CAIIOOIK I Matins Id sll ons-of tbs ssost sosnaleia aaaortsseots of 0 lores Ranges, erer oa sale la tbls Market. f7 STeerr fHoss warraniM.

Also, a full lias of Materials. House Water Closets. FaaoeU, Lead sod Iron Pipes, Bbewt Uad, IMIal As. Toilet Bets, plalo sod fancy Water Coolers, sj-s. CALL AMD EXAMINE AT No.

9 Kaabomaoa llrsst Orders from tbs other Islands will bars our besl elteatloe and at lowest Bgarea Osnds eerefollr parked. aula ly NOTT Cs. V4.