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Indefinite.

Evening Bulletin, Eat 1882. No. 6067

Hawaiian Star, Vol. XXII. No. 7107

12 PAGE8. HONOLULU, TERRITORY OF HAWAII, THURSDAY, JANUARY 21, 1915. -12 PAGES.

PRICE PIVK CENTS

t

mm.

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ON

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SLS IMS '.MB TO r

itlMI'S-ACCISATIOWS

Grandmother Seeking Control of Child's Share of Estate So

: ni r -m. . . a. n.nl Uia If if Ifill Ua Cone in

. one uan uei money w oicait ma unci nm, ne ?aj

Affidavit Arguments on

: "

, Henry Gaillard sman, nusoana 01 ine aie Annie x. x.

Parker Smart, who has been the subject of sensational charges

in the big fight for the rich Parker estate and the custody of

the minor child, Richard Smart, answers his accusers today

in affidavits filed in Judge Whitney's, court. .

' J--- w-r ' .1.-1.1 .f ir. Omh'. tmll TA1arinttl

lie gives HIS mierprewiugu tu viuay a v,

thft child entitled to tWO-thirds of the estate's in -

Sensational chaesre ma byl jf whfc

. Elizabeth J. Knight, grandmother of, the child, is ac-

llrs

CUSed Of Seeking tO gain Control Of the Child's Share Of the

income to use the funds in her

. "It is now and it always has been my wish." says Smart

in his affidavit, "that the spirit as WCll as the letter Of the

..V - .. . . 3- r

last W1U 01 my Wlie ue camea oui. came after the euestlon had been dis

sum. .Vu mil Votra Vio'an crmlainerl t.n mft bViDOsed of.

xce prov uus ux t,u

xny attorneys. I nave oeen aavisea uj mem ua. i w wcv pai right to tax privately-owned ma

the will of my wife, Thelma. that two-thirds of the income , of .5SF

her estate from the time my son, Richard, becomes 01 age not be enforcedt and ma because ter-

fennlri cHvpti trt rav child.

SnOUld Oe given 10 my cniia. , , , ' . Vw

Three affidavits have been filed, one by SmarVanotner ty

i Frank E. Thompson and a third by Fred W. mverton. They

accompany a motion asking Circuit Judge wniiney 10 db ai-

lowed to present facts -and arguments to show that; Judge

Antonio Perry should not be removed and Attorney u. n.

m- 4rirrTrr irrr'nriflTi nf the child. -

viiwi ,wjtw!,&.--

in seeinff that the estate of my child

. t . t- m-L-i 1-

given mm oy xueuua ia wudcicf -j-

conclusion of his affidavit, "and not squandered in attorneys

fees tk costs unnecessarily incurred by persons who are fight-

ir,rr r th"vr r.fi over the head Of the Child, and Will IOOK

t.- -a

-icr m-ir:itw3 iiuu.yuiMwu ..-r" 7 54 1

; t Overtoil's affidavit CW forth that the appoint-

. c:nt cf Attorney Olson as, the minor's guardian snouia oe

. ? . i i- rcm3 reason that Jude Llatthewman OI the

third cirMit cc-'rt at Iua, Hawaii, terminated the appoint-

trfV; A Hinnev to the

. " iT i 1 M

May Preent Facts, r

.Without hearing prgumem juage

Whitney decided this afternoon that :

counsel for Smart should be aiiowea

to rresent the facts contained in the

affidavits of Smart, Milverton ,and .

Thompson.' The court saia u ieu

thcy had no "absolute riS&V oy law w

arrear In the matter, but that it de

sired to go fully into the entire sub-

Ject, and for that reason granted

them the privilege of appearing as

amicl curae, or friends of the court. .

. Accordlnely a motion by Attorney

Olson to strike the three affidavits

from the files was denied.

. Th roirt set 2 o'clock tomorrow a3.

the hour on which It will be ready to

hear arguments of counsel lor ootn

sides on , the question of whether

Judge Perry 6hould be removed and

Attorney Olson appointed guardian ad

litem for. Richard Smart. ; .,

Motion Made Today.

The motion is as follows.

Now comes Messrs. Thompson. Wil

der, Milverton and Lymei and John

W. Cathcart, Esq.. attorneys for the

proponent of the will of Annie T. K.

Parker Smart, deceased, in! respect

fully request that they be allowed to

appear at the hearing of the motion

of C. II. Olson, heretofore filed In the

above entitled matter, for the removal

of Antonio Perry, Esq., guardian ad

litem of the minor child of said de

ceased and of said Henry 'Gaillard

Smart, proponent of the will, and for

the appointment of said C. H. Olson

.as such guardian.

This request is made because of the

Interest of the father of said minor

child in the appointment of a prope.

and suitable person as guardian a?

litem of said minor child; and further

that said . attorneys be, bo allowed to

appear la order to present to this

court objections to the granting of

said motion, and to present objections

to the fitness of said C. H. Olson for

such appointment; and to aid and

assist the court in an inquiry as to

the qualifications of the said petl

tioner and movant for such appoint

- xnent -

And in this behalf are specified and

set forth the grounds as follows, to

wit: .

1. That said Henry Gaillard Smart

Is the father and natural guardian of

said minor child. : .

2. That said C. H. Olson, Esq.,: is

not a relative of said minor child, but

a stranger thereto.

S. That the best Interests of said

minor child require the appointment

of a person who is disinterested in all

respects.

4. That . the best interests of said

minor child" require the appointment

of a person Indifferent as between the

said Henry Gaillard Smart and Eliza-,

uuaraiansnip qi baoy are aei iqr

. ; . . . . , tt

effort to Break the wuL

"--r r;'

.or. Tia father n Par the

Atit f th r.hild'R estate -

same OnlCe ana appomiea JJ. xj.

beth J. Knight, the grandmother of

Bald mInor CQiid. :

k xhat said C. H. Olson, Esq., Is

not gucn disinterested, person, and Is

nt rh indifferent person. ;

. 6 That gald Antonio Perry, Esq., is

sucn disinterested and indifferent per-

BOZL

7 That said Antonio Perry, Esq.,

was nominated, by. this honorable

court and was not nominated by- said

nenry Gaillard Smart, or his counsel.

And this request Is based upon the

affidavits hereto attached and hereby

marje a part of this request, and upoi

all the files and records of said cause.

Smart's Affidavit.

Following la Smart's affidavit:

Henry Gaillard Smart, being first I

dulv sworn, on oath deposes and says:

1 am the father and natural guard-

Ian of Richard Smart, a minor, ana

am one of the executors named In the

will of Annie T. K. Parker Smart, de-

ceased, and the proponent of that j

will. I was the husband of Annie T.jconcerxea acuon. as we wnoie mat

K PnrkPr Smart, deased . known I ter was settled to the army's satisfac

generally In her lifetime as Thelma j

Parker Smart It is now and It al-

ways has been my wish and intentlou

that the spirit as well as the letter

of the last will of my wife, Thelma

Parker Smart be carried out The I

provisions of the wrili have been ex-1

plained to me by my counsel, Messrs.

Thompson, Wilder. Milverton : & Ly-

mer, and I have been advised by them

that under, the terms of the will it I

was v clearly the Intent of my wife,

Thelma, that two-thirds of the Income

of her. estate from the time my son,

Klcnard. becomes of age and during I

me liieume or my mother-in-law, Mrs. j

xiuaoeui . j. ivnignt snouia be given

io my cuua. ana one-inira to myseir,

and that after the death of Mrs.

Knight and from the time Richard be-

comes or age tne whole income of the I

estate snouia be divided between I

Kichard and cvyself In the proportion J

oi one-mira to myseu ana two-tniras I

to my child Richard. Further, under!

the terms of the will, if I die before l

Mrs. Knight the whole property will

go to the child. During the entire

lifetime of Mrs. Elizabeth - J. Knight

the mother of Thelma Parker Smart,

Mrs. Knight has been provided for by

a trust deed made by Thelma on

April 25, 1912, under which Mrs.

Knight has .received In the past out

of the Income of the estate, ? 1000 a

month, which within a year, will .b

Increased under the provisions of said

trust deed to an amount of not less

than 11500 a month for the remainder

of her life. . , ; i

Wiil Provide for Child. i

It is my intention during the minor

ity . of my child, Richard, to amply

provide for him in a manner that his

(Continued on page two)

PRESS TAXATION

OF ART.IY AUTOS

Legislature May Be Asked to

I r- J i t-i r- J i

txempi vemcies on reaerai

TALK OF "BOYCOTT"

IS DECLARED ABSURD

.

Schofield Barracks Officers

Resent Published Report

: of Drastic Action

' - ' . . ' ''

That the alleged friction between

Urmy officers and the territorial

I authorities In the matter of imposing

a tax on motor cars owned by offl-

ceris

rtl boycott ig mere BOundme off

appears from careful Investigation of

A, a natter or rut. tie whole mat-

SX'SS

what Insurgent talk may have come

from officers at Schofield Barracks

While the territory maintains iu le-

ritonai omcuis are convinced inai ice

army Is doing Its share of road bulld-

ing and road repair, and that it is to

. J-&:

tones in the matter,

of army boycotts against Honolulu

merchants, when seen this morning by

jthe Star-BuUetln.

Army Promotes Good Roads.

- WIthout entering Into tholegallUes

of tne matter-' said the general, "It

8eems expedient thn the civil and

SO

ixig I had a conversation with terrl-

torial officials, and pointed out. that!

the variay ha4lready figured laDoj

Improvement, and lwould undoubtedly

-uT

been built by the soldiers. 1 When this

w' it, flXt

the Pall as a scenic highway. , it is

open to the public and may.be con

sidered as an army contribution 'to

Oahu's roads. (Then, before very long.

we will have a military road round

Koko Head, to connect up the present

Island circuit - This will not be built

by the soldiers, but it will be paid

for by the army. ' Air this is well

understood by the territorial authori

ties, and I was assured that the mat

ter of auto taxation would not be

pressed. .' : V . ",- ; '

As to there' having been any ' In

dignation meetings last night at Scho

field Barracks, I have heard of none."

No "Boycott" Meeting.

Inquiry among several officers of

Lellehua failed to give any light, on

the alleged meetings, and ; the threat

that there would be a general "boy

cott" of Honolulu, in which the post

exchanges, which do an enormous bus-

iness with local merchants, would take

part. The supposition Is that a few

of the officers who own motor .cars

may have "sounded off! somewhat to

etrect, ;ut mere is no inougnt or

Von before the radicals were heard

irom, mere waiiuo cuance oi anyone

coming forward at this time to claim

doubtful honor of fathering-the

poycoic

Territorial Officials Agreeable.

Tax Assessor C. T. Wilder and At

torney-general I. M. Stalnback both

expressed willingness to join with the

army officers In carrying the question

of the army officers' exemption Into

the courts for an eariyTuling. . . Both

I aid they ' believed that is the best

land quickest method of disposing of

the subject

understand the officers yesterday

(agreed to pool their interests In the

affair and Join In a test suit with the

territory. That should be satisfactory

to all parties concerned. It can be

taken up directly to the - supreme

court on an agreed statement of

facts, and & decision possibly obtained

in a few weeks.

"It does not seem to me thatjfthe

armv men should have a Grievance

against Honolulu for our actlon If

the federal government has not spe

cifically exemiexl them from state or

territorial taxation that is hardly our

fault We can only obey the law.

"I shall expect the officers to make

their returns to the tax office by the

end of the present month, Just as any

other taxpayer. -

Legislature May Act . v

I have & premonition, however, that

the legislature at the coming session

'-1 Continued on page elgbtl

IRON FENCE

IRON SETTEES. VASES AND

RAILINGS.

H. E. HENDRICK. LTO

Merchant and AUkea Sta.

RESOURCEFUL SENATOR

HELPING BURTON KEEP

HIS FILIBUSTER GOING

l Senator EHhU Root of New

York. 1 Senator i pool is helping

Senator Burton in the fillbiiater"

against the Ships Purchase Bill.

WASHINGTON. D. X- Jan. 21.

There is no appropriation for Hawaii

in the rivers and harbors bill as It

passed the house except $10,000 for

the maintenance of the harbor at Ka

hului. :. )C. S.' ALBERT.

The Star-Bulletin - received the ca

bleeram above today. In view of the

uncertainty whether Hawaii had been

successful in the fight to get a Hono

lulu harbor appropriation, this paper

cabled to its correspondent at Ayash

.tngtori:- no.tBingi; hiy&ig -been - btard

irom ueiegate ivuuio.. ,

The organization of a new Japanese

association was perfected . last night

at a meeting ot prominent members

of the local Nipponese colony, It has

as Its objects the promotion of friend

ly relations between Japan and the

United States and the. welfare. of. the

Japanese in Hawaii. ;' ; :

The new association Is the out

growth : of a . body formed several

weeks ago, which is said to have been

abandoned because . of lack of sup

port v from the - Japanese" Merchants'

association. The old constitution and

by-laws were, withdrawn last night

and new ones, prepared by Dr. K.

TJchida, were adopted. The new con

stitution and by-laws are said to be

favored by the Merchants associa

tion; the Japanese consul and, the Jap

anese community in generaL :

Editor S. . Sheba and. Fred t K. Ma-

kino.: who were among those who

formed the first association, were at

the meeting. It was said that it will

be -endeavored to handle the work of

the new organization along the lines

of the local Portuguese, Hawaiian and

other societies. V

GRAND JURY HEARS '

GAMBLING WITNESSES

Eleven witnesses were called before

the grand jury late today at a session

devoted to investigating charges that

open gambling has been allowed in

Honolulu. Others will be called to

morrow, is is believed..

Circuit Judge Ash ford charged the

jury and urged a thorough . inquiry

Into the alleged gambling ring. The

witnesses who appeared before the

grand jury this afternoon are: Sam

McMillan, A. McDuf fie, captain of de

tectives; Joe Leal, ex-detective;, Tom

Quinn, chauffeur; O. Gertz, A. Mc

Devitt, Fred Estes, Herman Kubey, J.

Walter Doyle, Ogawa and ; Kaboshi

hara. Most of these witnesses have

been mentioned in stories concerning

gambling here. - ' :

SUGAR

SAN FRANCISCO, Jan. 21. Sugar:

96 degrees test, 3.95 cents. Previous

quotation, 3.98 cents, i .

A rehearsal of TTie Sho-Gun," the

opera to be given ' during Carnival

week, will be held in the mauka pa

vilion of the Young hotel at S o'clock

this evening. AH persons interested!

in the production are Invited.' J

HAVAIILOSES

I FIGHT IR

IIMOR VORK

JAPANESE FORM

NEW WELFARE

ft ORGANIZATION

FRENCH REVIEW

Of VAR PREDICTS

QEHr.lAN DISASTER

Official Statement Says Gen

eral Advances Have Re

cently Been Made

ARTILLERY IMPROVEMENT

SAVING COUNTLESS LIVES

Infantry Losses Reduced Four

fifths "Inexhaustible Pa

tience" is Counseled

tA. P. by Fed. Wireless

PARIS, France, Jan. 21 A French

review of the war operations from No

vember 15 to January 15, given out of

ficially today, declares that the Ger

man defense Is being broken down.

The review says that the French

have everywhere gained ground in

the last two months with the excep-

tlonof the retirement from 8olssons.

They have reduced their infantry loss

es four-fifths, thanks to improved ar

tillery, and destroyed numerous Ger

man batteries.: " '. -

Summarizing the operations the re

view says that the French have made

ten perceptible general advances aa

compared to twenty general withdraw

als of the enemy. The final: victory

will depend upon the Allies' inexhaus

tible patience and minute prepared

ness. The German offensive has al

ready been broken and the defensive

will be broken.

fA P hv Fed. Wlrelffssl

PARIS, France, Jan. 21. Official

"East of Rheims our artillery- has

forced the enemy to vacate several

trenches and exDloded an ammunition

depot northwest of Beau-sejour, cap

turing three posts by surprise. ;n tne

forest of Apresmont we have captur

ed 150 yards of trenches. Since. Jan

uary 19, fighting has been renewed

near Thann, Alsace:" .We vhave pro-

gressed slowly." -

A new record for running time be

tween California and Honolulu will

be hung up by the .Great Northern

Steamship Company's new liner Great

Northern next month when it visits

the Hawaiian Islands on Its maiden

voyage in the Pacific. This Is the

Information received by the ' Promo

tion Committee today in a cable from

H. P. Wood, Hawaii's resident exposi

tion commissioner. Mr. Wood , says

that the big - steamer will make the

journey from San Pedro, CaL, to this

port in four days, j V - t ; a c

Mr. Wood's cable" is as follows : - '

"Excursion of the steamship Great

Northern has been definitely arranged

and leaves San Francisco Feb. IS and

San Pedro Feb. 17, arriving in Hono

lulu Feb. 21. It -will sail for HUo at

midnight ; Feb. 23 and leave Hilo the

night of the 24th. The capacity of

the ship is 550. It Is the fastest in

the Pacific." . : .. . ... - .. -

Arrangements with the Great North

ern Steamship Company to have the

new liner vyit Honolulu on its maid

en run were completed largely at the

Instance of A. P. Taylor, then San

Francisco representative of the Pro

motion Committee, with the coppera.

tion of. J. Walter Scott the commit

tee's Pacific coast distributor. .

The - big feature of this excursion

is that the steamer is going to make

the trip In four days," said Mr. Tay

lor today. Mlf it actually does this

long-standing dream of the Promotion

Committee will be realized."

If the Great Northern Is filled to

capacity 550 tourists 'from eastern

united States and California will visit

Honolulu for . three days and Hilo for

one day next month. The vessel will

arrive in Honolulu Feb. 21, when the

carnival Is at its height ":

The Great Northern will leave the

Atlantic coast January 27 and ,go to

San Francisco via the Panama canaL

From San Francisco a trip will be

made to San Pedro and thence to

Honolulu and Hilo. : . . ' ' .

A mandate has been received hv

Federal Clerk A. E. Murphy giving no

tice of the . supreme court's reversal

of the decision handed down in the

case of the John II Estate, Ltd. vs.

Francis Hyde li Brown and A. A.

Wilder, his guardian.: with costs -in

favor of the defendants In error. The

action on the part of rhe supreme

court also reverses the decision hand

ed down in the case is. the local fed

eral court. "".

A petition for naturalization as an

American citizen has been filed in

the federal court by Paul . Erick

Schulz, fi soldier.,. Schulze Is a native

of Germany. " . - -

iPMCOAST

IN FOUR DAYS ON

WB' STEALER

GENEVA REPORT, UNCONFIRMED, INDICATES ALLIES HAVE

FOUND YIELDING POINT IN GERMAN LINE RUSSIA'S

TRIPLE ASSAULT GAINS MOMENTUM IN vEAST-rGER-MANY'S

DEFENSIVE SHOWS GREAT STRENGTH -

Associated Press Service. by Federal Wireless. .

ARNHEM, Holland, Jan. 21. A traveler from Germany

says that army aviators of the Allies bombarded Essen, site of

the great Krnpp gun works, yesterday and destroyed several

houses.'. - '':'-:'-:-; '',

Von Falkenhayn Quits One Portfolio -

BERLIN, Germany, Jan. 21. Maj.-gen. von Falkenhayn,

chief of staff, has resigned the portfolio of war to become gen-,

eral of infantry. Maj.-gen. von Hohenborg succeeds him 'as

minister. , . ' -. '..:-";::t.N--:--''-'S::,-;r?.-

Geneva

Hears French Near Rhine

GENEVA? Switzerland, J

says that the French advance trenches near Belfort have now

been driven to within 16 miles of the Rhine. - Future British

reinforcements are likely to concentrate in that neighborhood

to take, part in an onslaught if the French find the line yielding

at this point. L , '-s'-v'-) ' ; ' '

Air Raids Urged by German Pr

BERLHI, Germany, - Jan.

the isolation of the British isles as a protection against Jittack

has been-conquered by the feat of the-tJerman aimenlnr ald

ing coast towns. They urge fresh raids through the air.

Rus

sia's

Trip!

Assault

' LONDON, England, Jan; 21. Russia's triple - assault,

backed by her millions of soldiers, is gaining momentum in the

northern part ' of the eastern war arena. The offensive nor-

threatens German communications in East Prussia. , ;

The middle line of the Czar's men in Poland.is forcing the

Germans to exert their full strength to retain their present

positions before Warsaw.

Southward the Austrian resistance has virtually collapsed.

Russians

Harry

PETROGRAD, Russia, Jan. 21. The Russian Caucasus

staff reports that the retreating Turks have' suffered further

severe losses in a series of rearguard actions The retreat is

becoming a rout. " ' ; ; .

PETROGRAD, Russia, Jan.

has sunk 12 Turkish supply ships in the Black Sea.

Say

Germans

Are

PETROGRAD, . Russia, Jan. 21. Small detachments of

Germans; have appeared behind the Russian army marching

into' E st 'Prussia.

Russo

Germans

PETROGRAD, Russia. Jan. 2L Believing that Russo-

Germans along the border are

Nicholas has ordered all of them to sell their property within

six days and prepare to remove to the interior ' - . '

Berlin Officid Report Today r

BERLIN; Germany, Jan.

captured on Tuesday hear Notre

again. Repeated French attacks.on both sides of the highwry

of Arras to Lille and south of Saint Uihiel have been red::i.

"Southwest of Berry-au-Bac we stormed and retained tvro

trenches despite fierce counter attacks. Near Pont-au-I.Iou: .

we recaptured positions lost on Monday. Elsewhere alcn th3

western line there are only artillery exchanges. ,

; - "The situation in East Prussia is unchanged." : .; . ' -

Greenhriars C

rev

WASHINGTONd. C, Jan!

can .steamer. Greenbriar, whose detention by a Eritizh 'czzi: ::

is being vigorously protested by the United Cttes, rrzzz r?.

rested and releasedj in', Bremen, theship's destination. .:

this was done is not known. .The Greenbriar cirri:! c

and had a certificate from a Eritisli ccnsular reprc::r.-'. .

New York.

an. 21. An unconfirmed report

21. The newspapers say that

'

. 'v., . - - -

2L A Russian torpedo boat.

l e

' . " .

Terrific

Defeated

Turks

Being

Divided

Must Move Back

aiding the enemy, Grand Duke

21. OfficiaL ''The trenchc3 x:o

Dame de Lorette we have lc:t

AIno Arrest-

21. The crew of th3 Ameri