1
Government for a waiver nor did I receive one. I did not refer to the Governinent as to the amount to be exponded. I did not call Silas, or any one else's attention to this condition." Again he says "I told Danby to apply for the lower lot and discussed the question of the upper lots at the same time. f instructed hini to apply for the upper hats a few days after wards Now, my Lord, the letters written, a few days after the purchase of the lots, to Mr. Bell Irving Baily contradict that statenient and show that they were entirely mistaken when they gave evidence in the witness-box, Te says "I instructed him a few days afterwards." ff that was so what a neglect of duty on the part of Mr. Danby if he was instructed in April and never writes to the Government nor ap- proaches the matter until 18th June? Hes ays he forgot it. No, he did not forget it buthe id not get instructions, which were really given much later. Mr. Belilios also says that Mr. Danby had surveyed the ground but we know from Mr. Danby ihat he ever male a sketch plan nor surveyed it till September. Asked with reference to his letter of 3rd July to the trustees, Mr. Belitios says "My object in writing that letter was to know whether I was to buy it for myself or for the Community," If that was his object why on earth didn't he ask it in half a dozen words. Why didn't t
"Please let me know if you do not want the say ground. If you have made up your mind not to buy it I might buy it myself. He does not say 50 but he asks that all the trustees should be present to prevent competition. He also say "The trustees were to go and; 1 would be able to lay the ground at the upset price; the fact of them being present would deier. others from bidding." "1sk your Lordship's attention to this: “Danby recommended me to have the upper lots put up but he did not recommend me to purchase any of the three Tots. It was my own suggestion fle makes a very considerable distinction between Dauly's recommendation to apply for the lot and his own suggestion to purchase it. Now, my Lord, we come to these letter which I subinit are probably the most important circumstances of the case from which your Lordship will be able to understand the facts incident to the purchase and on which the whole case for the defence rests, If Mr. Befilios did, buy the ground as a representative of the Jewish Com munity, he was a trustee and nothing else. On 15th June the Land Investiment Co. purchased some land somewhere in the eastward of the Union Church and on the following day Mr. Hooper and Mr. Northcote, one the secretary and the other the accountant of the Land n vestment Co., bad gear up to Macdonnell Rand and were looking at the land and other lands and while there they met Mr Chater and Mr. Danby who were up there for the sape A conversation then took place purpose. between the parties and there is only one incident to which any amount of weight attaches or can be attached. The only material point in connection with the whole transaction is-Did or did not Mr. Danby ask Mr. Chater to allow him to apply to the Government on behalf of the Land Investment Ca for the upper lots? Whatever was said on that point was sald while these four gentlemen were Whatever standing together on that riad,
It
occurred between Mr. Chater and Mr. Danby before they had met hus nothing to do with the case at all. What was said after they. had parted also has nothing to do with the case. Again it is wholly irrelevant whether there was any ill-feeling or whether Mr. Chater and Mr. Danby went away on friendly terms. The in- cident was not significant at the time it occurred. It only became significant when later in July the Lind Investment Co. had been anticipated the upper lots by Mr. Belilies for which they said they had to thank Mr. Danby for his ill-office. Mr. Danby, like my self, is hot-tempered, and says things at the moment and therefore Mr. Chater Look no notice of it and went on, in friendly terms. only became important afterwards when they had reason to believe that, in consequence of them not giving Mr. Danby the job, he advised Mr. Belilios to send in an application and anticipated them. The result was that the directors became serious and started an investi gation as to whether Mr. Danby had ill-treated them. Mr. Bell Irving, the Chainman of the Company, wrote the following letter to Mr. Belillos on the 25th July-Regarding the piece of land to be put up to auction by the Government on the 11th August about which you spoke to me yesterday, I have seen Mr. Hooper on the subject, and I now enclose for your perusal his statement of facts together with extracts from Messrs. Palmer and Turner's diary From these it would appear that
far
as the Land Investment Co. is concerned they are the aggrieved party. As I understand you have seen several of the Directors of the Land Investment Company on the subject, and the question will coine up for discussion at their next meeting, I would ask you kindly to give me in writing particulars on the following. points: (1) The date on which Mr. Danby recommended you to apply for the land. (2) When Mr. Danby recommended you to apply for the land, did he inform you that Mr. Chater had on the morning of the 16th June decided to apply for the site to the Government. Your answer to these points will assist the Direr- tors of the Land Co. in deciding how to act. I hope the question may be settled amicably." On 31st July Mr. Belilies wrote to Mr. Bell Irving in reply and the first statement I find in bis letter is in flat courradiction of his evi- dence. He says, "Mr. Danby never recom- mended me to apply for the land" and "About the end of April I applied to the Government to put up for sale the ground in question. At the same time I told Me. Danby that some day in future would instruct him to buy for me the site overlooking it. Then the object was to get the Jewish Community to build a Syna gogue there.. I instructed Mr. Danby to apply. for the higher land in question about the be- ginning of June. For several years past when- ever happened to be walking on Kennedy Road it struck me that whoever bought, the mutilated site must of necessity buy the land above it, so that the upper and lower sites may be thrown into one and two or three terraces prepared for the purpose of building villas thereon. If that had been for several years Mr. Belilios' opinion is it not strange that he never communicated it to his co-trustees and pointed to, them that they could not, usefully pur chase the lower site without purchasing the upper lots? Why is this 50? Because he never contemplated putting villas on the lower lots and he thought that it was only in be purchased for a Synagogue, and Mr. Danby stated in his report that it was already levelled, and was the most suitable site in the Co- lony for the purpose Mr. Bellios says in his letter 1 told Danby that some day in future I would instruct him to apply for the ground overlooking it." What a flat contra diction to the evidence before us. Now, his staterment at the time and in his letter is that he told Mr. Danby that some day in future he would instruct him to apply for the land. Your Lordship will see what he says here is distin guished from what he said in the witness-box His statement in the witness box is that from, beginning to end he was contemplating the site for himself and had no idea of giving a portion for the Synagogue and said that that was his view when he instructed Mr. Danby to apply for the lot, and he always looked at these three pieces of ground as one and to be dealt with as one. He says in his letter that in the
THE HONGKONG TELEGRAPH, FRIDAY, JANUARY 21.
beginning of Junte hè first asked Mr. Danby, to apply for the upper sites and in his evidence he said that he instructed Mr. Danby to apply for the upper site a few days after the lower site. ask special attention to Mr. Danby's memorandum which absoltely-negatives at that time that Mr. Belilios or Mr. Danby ever con-- templated an approach or roadway through 1381. The Government contemplated at the time to carry two roads froin Kennedy Road to Macdonnell Rosuljon either side of the lot, and' your Lordship will remember that every witness for the plaintiffs says that he never heard of any roadway or approach wanted till 15th March, 1897. Mr. Danby in his letter to Mr. Belilios forwarding his memomada respecting the twi sites in Kennedy Roal, dated 31st July, 1996, says "On 27th April last 1 received instructions from yourself to apply for the piece of ground in Keanedy Road between the tramway and the nullah and known as the Synagogue, site. You informed me that your idea in requiring this ground was to offer it to the Jewish Com- manity as a site for the new Synagogue, whether it would be acceptable to them or otherwise, You could not tell at the time as the matter hash to be referred to Bombicy; strmild the Jewish Community, however, decide eventually not to adopt it as a site for their Synagogue you would retain it yourself in which case, you tight possibly purchase the site above it and esect European houses on both lots." Speaking about the interview in Macdonnell Road MË Danby says "I told Mr. Chater that 1 had a conversation with Me. Prosser on 15th June when he said he thought the Land Company would apply for the upper site), and an asking Mr. Chater if I was faifa xo for them he said they would do it through Messrs. Palmer and Turner. I told Mr. Chuter. that although Mr. Delifins had not at that time actu ally applied for this piece of ground, I should have to see him on the matter, which you will remember I did on the following morning and received your instructions to apply for this piece of ground. A few days before the 6th, when seeing you, you gave ine your idea as to the kind of houses you thought of erecting on this site should you acquire it.” There is not a word as to the corner of the fat or a limited portion or any portion to be given to the Jewish community. Should the Jewish Community, however, decide not to adopt it as a site für the Synagogue." Here is a statement that he bought that site for the Jewish Community, Mr. Belilios attitude at that time is in flat contradiction of what he and Mr. Danby said in the witness-box. The letter says that although he had the idea of the possible atili. sation of the three siles for villas or a house, when this letter was written in July, any deci sion even as to the purchase of the upper lot was postponed until the Jewish Community had inade up their mind whether they woule er would not have the site for themselves. That statement in Mr. Danby's memorandua flatly contradicts what was said in the witness
box
It shows what I said that the whold project of it, although the idea may have been noted, was postponed and there was no pur chase, no idea, of doing anything at the time
but
dedicate to the Jewish Community and if they did not take it the two upper lots would be acquired. Mr. Belifios only purchased the upper lots because he thoughs that if he did not apply for it the Land Investment Co. would apply for and get it. Mr. 1by says in his memorindan, "After the sale lot 1379 I had a conversation with Mr. Prosser about the Syna- gogue site (Inland Lot 1381)." Here is the strongest evidence as to the Synagogue site, he puts in brackets 1381. Me. Danby also says 431r. Prosser told me how it was proposed to lay out the ground between the Kennedy Road and the Mardommell Road, leaving strips of Government ground for approach roads, parallel to the tramway on the east and the hullah on the west.". What absolute nonsense it was for Mr. Danby and Mr. Helilios to say at that time they were contemplating and it was absolutely necessary, for them to have an approach or roadway through 1381. There is Mr. Hooper's evidence absolutely confirmed in Mr. Danby's own note. The only bit of im portance in Mr. Hooper's and Mr. Northcote's evidence is this-Did Mr. Danby on that day ask if he should apply for that ground on he half of the Land Investment Co.7 Mr. Danby himself in his letter says. "On asking Mr. Chater if I was to apply for the ground for the Land Investment Co., he said they would do it through Messrs. Palmer and Turner." What I want to call your Lordship's attention is this-- that it is impossible that Mr. Danby, an honest and professional man, enuld have at that time asked Mr. Chater to allow him to apply to the Government for that land if he had, as Mr. Belilios stated, been distinctly instructed to apply for that land on Mr. Belilios' account. Mr. Belilios and Mr. Danby were emphatic that a few days after Mr. Danby had been. instructed to apply for the lower fot, he had distinct instructions to apply for the upper lots. Now, Mr. Danby did not recellet when he was instructed and ante-dated it. Here we have in writing what happened and Mr. Tanby did ask Mr Chater for him to apply for that ground. Is that what Mr. Danby should have Said to Mr. Chater if he had actually been instructed before specially to apply for the upper lots or if he had known that Mr. Belilios purchased 1381 entirely on his own account. Mr. Delilius might have intended to build a handsome house on the ground for himself but when? The first idea of any such thing is imentioned in this letter when its consideration was postponed till the Jewish Community had made up their mind whether they would or would not take 1381. The question is what was Mr. Belilios' intention at the time he bought it? He says it was not his intention to buy it for the Jewish Community. There is the clear and clean statement from Mr. Danby that prine to 10th June Mr. Delilios had postponed the consideration as to whether he should or should not apply for the upper site until after the Jewish Community had made up their mind as to how ilicy should deal with 1381. On the 16th there is this interview between Mr. Chuter and Mr. Danby in which Mr. Chater stated his views of applying for the ground for the Land Invest- mieni Co. and Mr Danby asks to be allowed. to apply for the ground which was refused by Mr. Chater and the next morning he went to Mr. Belilios. It is impossible, as I said before, that he could have received any instructions from Mr. Belilios at an earlier date. I submit that when Mr. Danby wrote in his memoradu of 31st July, is the first day and first time. on which the question of erecting villas on that site was ever contemplated by Mr. Belilios. Mr-Danby's statement is incident to 16th June when the purchase of the upper site was post- poned until the Jewish Community had arrived at a decision. If that was so it is absurd to believe that Mr. Helilios and Mr. Danby would consider what to do with it. It is perfectly clear that they made that discusion with the proba blility in their mind that the Jewish Community. would not have the site but he should also consider that that site would not come to him ultimately I submit in this correspondence up to 31st July, 1866, there are no discussions or ideas or orders to purchase the
For until 10th June and no plans Contemplated of arranged between the artics with reference to the upper lots at the time when the application for them was in the remote future. This memorandum of.fr Danby and the letter of Mr. Belilios confirms it in all its details and it shows that Mr. Belillor and Mr. Danby were
entirely mistaken when they said that plans and surveys were made prior to the sale of 1381. Up to 16th June there was no pressing inten." tion on Mr. Belilios part to apply for the, upper lots. It is probable that he had them in his mind but his expressed instructions to Mr. Danby were I cannot apply for them and will not apply for them until the Jewish Com munity have made up their mind as to whether they will or will not take 1381." 1 need only refer to the third letter which is from Mr. Belt Irving to Mr. Belilios, dated 3rd August. It shows as the result of the investigation by the directors of the Land Investment Co.." that "Mr. Danby on 16th ultimo offered his services to apply on behalf of the Land Investmein Co. for the Land in question, which, I may remark, he could hardly have done had he been in receipt of instructions from yourself to make application on your behalf." This is exactly the same conclusion which now ask your 1 submit that up to the end Lordship to draw. of July, after the actual purchase by Mr. Beli- lios in July of inland lot 1381, there is not a in the evidence trace in the correspondence or
of anything whatever in the nature of an agreement or contract, either of sale or of any other description whatever, between Mr. Beli- lius and his co-trustees or the Jewish Com- munity. They were, if I may say so, inert in all respects. They left Mr. Belilios to be the sole active agent in connection with this fot, 1381, and knowing, and believing that he was going to represent them at that sale and pur chasing it for them, they refrained from bidding for that lot or instructing anybody to lid. If 1 am correct in my view, there is no possible relation, either in law or in equity, up to 31st July excepting that of agent, represen tative, trustee. There is absolutely no question por suggestion of a contract. There is nothing whatever that would afford the faintest founda- tion for an application to the Court to enforce a contract by the remedy of specific perform- ance, in respect of which damages can be claimed. What is a trust? It is defined by Lewin. It is a confidence--not necessarily a confidence expressly reposed by one party in another, for it may be raised by implication—it is a confidence as distinguished from jus in re at jus ad rem, for it is neither a legal property nof a legal right to property." Whatever rights the Jewish Community had against Mr. Belfios in connection with lot 38: n 31st July, was it, not a jus-in re, because they were not the purchasers of the ground. In point of law Mr. Belilios was purchaser of the ground. There was no contract of any description be tween Mr. Balilios and Jewish Community with reference to the land which they could enforce by any action. He had simply told them that he was going to buy the land as a site for the Synagogue. It was emphatically a confidence reposed by the Jewish Community in Mr. Belilios, aut reposing that confidence in him they permitted hini, unopposed, to purchase that land, believing that he was purchasing it for them and reposing the utmost confidence and trust in him. It is clearly and explanatically a trust and nothing but a trust. It complies with everything in the 'definition-a confidence repased by any person in another. I submit, my Lord, that on 31st July, after the purchase of that ground, Mr. Befilios was a trustee in the construction of law, for the Jewish Com- munity in respect to that land and it is abund- antly clear in his own letters, first, that he bought the ground for the Jewish Community, and secondly, at that time he had not the faint- est intention of using it for his own purpose until the Jewish Community had refused to to wke it over. Mr. Belilios found that the trustees were opposed to him with reference to the tablet and he resigned his trusteeship some time in January, 1897, and ceased to be one of the body directly interested in the build- ing of the new Synagogue. Nothing occurs until 8th March, 1897, and an that day Mr. Belilios wrote to Messrs. Sassoon, Ezekiel and Your Lordship will reinumber that David, Mr. Ezekiel was an er oflcio member of the trustees, as the then head of Messrs. E. D. Sassion & Co., and that Mr. Sassoon and Mr. David were the only other elected members of the commmittee: Mr. Bellfios wrote With reference to the site in Kennedy Road which I am nos holding on behalf of the Community for the purpose of erecting the purposed Syna-
I yogas, I beg to inform you that eight months have elapsed out of the year for which I agreed to hold it at your disposal have myself barely ten months wherein to complete the buildings I may like to put up there should decide to give up this land, and as I under stand that the majority of you are of this view and are shortly to leave the Colony, I shall feel obliged by your favouring me with your opinion within the next week, whether you woukl like the site finally retained for the Syna- In the words "I am holding," gogue or ao.” Etc., I submit there is an expressed declara- tion of trust on the part of Mr. Belilips. It is only shortened for the words "I declare my self a trustee." In what again does a trust consist of from what I might call the legal part apart from the equitable? It is a right to call for a legal estate but not for his own benefit. He has it and he holds it for somebody else. Here he says "With reference to the site int Kennedy Road which I am hohling on behalf of the Jewish Community. He could not get a more technical phrase. And when did his "holding" commence? His "holding" com menced on the day that that property was knocked down at the auction. There was no evidence that there was any change in the relation between him and the Jewish Com- munity. There isan explicit declaration by Mr. Belilios in his own hand that he was holding the site from the date of the sale on behalf of the Jewish Community. It is incon ceivable that Mr. Belilios would sign that letter containing these words if the idea in his mind was what he contends it was, that that property was his own and held by him with the promise that he would give just so much out of it as he thought fit or sufficient for the Synagogue and a rabbi's residence. } dis regard altogether the question of time. Mr. Belilios does not say that there was any inac curacy whatever is in his letter except refer ence to a year. I say it is a folly for Mr. Belilios to say that the mention of a year could have crept up by mistake. If there was any inaccuracy on the part of the clerk who wrote why was he not called to depose to it? I submit that this letter of 8th March which was subsequent to the actual purchase of the land by Mr. Belilios, which occurred eight months before is an express déclaration by hun of the purpose for which he bought the land and the intention with which he purchas ed it. Mr. Belilios was a construct trustee on the day he purchased that land. He was the agent, the representative of the Jewish Com "munity and he would be guilty of a fraud on the Jewish Community and abusing their con- fidence if he did not purchase that land on 13th July for them, How can it be possible that Mr. Belilios wrote that letter if he pur chased it for himself? There is the express word from air that he was holding that ground. on behalf of the Jowish Community. Is it conceivable that any man would have written that letter if his idea was to give a portion to Jewish Community ?is tut the letter of a man who contemplates seiling Whatever oc curred after 8th March with the view to the investigation of rights of the parties has no thing to do with this case. What was done
f-squécze" after this was done by Mr. Belilios
wish Com as much as he could out of the
you
munity when the representatives of the Jewish. Community tried to do all they could to meet his desires in the interest of peace... We have the express of evidence Mr. Silas, Mr. Raymond “and Mr. David that they never heard any sug-- gestion as to the possibility of dividing 1381
Their Between themselves and Mr. Belitios. evidence is absolutely clear and their evidence is, unchallengable. But Mr. Belilios and Mt. Danby have endeavoured to make us believe that from beginning to end they were deliber ately contemplating building on the three lots as one. Now we have a most extraordinary letter from Mr. Belilios. He emphatically said that he bought the ground for himself and in face of this he writes this letter of th March to his co-trustees. He gave his reason for not giving them the whole of the ground because Since he purchased, it the circumstances have changed. He says "My arrangements to utilise them in conjunction with the land below are too far advanced to permit of my making such a concession as the one proposed." If they had su behaved that he had been so mislend or deceived by their conduct or statements into investing his money or into selling his securi ties or having expenses then it would not have been a denial of the trust but it would be an stopal. He collapsed beyond centemplating lay the method in which he might be able
out the land, beyond building a few castles in Spain the land, beyond his disappointment in the hopes of profit on utilising the property. He did not spent cent or do anything which could not have been put away without a little disappointment of his hopes. What had Mr. Balilios to do with the changing of opinions of the trustees, which they could do any time within the twelve months? On the same day the trustees replied to Mr. Belilios express- ing their surprise at his, not being able to give over the whole of the ground. Now, my Lord, what juta of evidence is there that Mt. Belilios had ever spoken or hinted that a piece of the ground only would be given to them? There is not a single iota of evi dence which would give a shadow of doubt as to the thiorough "bona fide of the words in the trustees' reply. Mr. Beliling in reply does not say that they are wrong but refers them to his previous letters. But what do the previous letters say? That in consequence of what had occurred since he bought it he could not give it over. If Mr. Befilios' and Mr. Danby's statements in the witness-box are true the opinions expressed in that letter of, the trustees must have been a more complete surprise to Mr. Belilios than his view occasioned to the trustees. If Mr. Belilios' statement was correct he must have been horrified to find that his acts and his letters were mistakably Bat this was not represented to the trustees,
50.
It is abundantly clear on the evidence that Mr. Silas, Mr. David and Mr. Raymond went to Mr. Belilios' office knowing that they did not absolutely require the whale, of 136 and willing to meet his wishes if they possibly could. I contend that Mr. Belilios' legal posí tion had been clearly and absolutely established before that date and everything that occurred after that was when a difference had arisen, and what occurred was with the view of settl ing the question amicably between the parties who were at arms' length of each other. They went to see what he wanted and were willing to meet him. It is matter of indifference whether at that interview he asked for a roadway of 10,000 feet or an indefinite amount for an approach. Mr. Bellios replied "Meet me at my architect's and we shall'see. They did meet him at Mr. Danby's office. The trustees and Mr. Silas went there with the desire to give Mr. Belilios as much as they possibly or re sonably could and, my Lord, they did that, Ikat no agreement was come to because an unexpected demand was sprung upon them and for which they were wholly unprepared. Mr. Belilios said that they should pay half the cost of the retaining wall. They were doing every thing they possibly could to facilitate an agree ment and offered too and as there was some doubt thrown on the sufficiency of the money' they raised it to $1,000. However, when the mecting broke up nothing was settled. Mr. Danby's letter to Mr. Belilios of 26th March pointed out that Mr. Belilios did not receive Enough. Mr. Danby was like Oliver asking for more. Mr. Belilios sent this letter to the trus. tees and with it the estimate of the cost of the retaining wall at $9,000. It is perfectly a matter of indifference what was the cost.-All-your. Lordship should decide is this-Did anything occur at that meeting which should justify your Lordship in finding that the trustees from the beginning knew he had bought it for himself, that he was going to use it with the upper lots, that they were only to have what was necessary for the Synagogue and a rabbi's residence, and that it was a sale. Nothing was said or done at least which invalidates the trustees' letters of 11th and 12th March that in their view Mr. Belilios bought it for thein and they were entitled to it. Your Lordship is to say whether there was any definite agreement come to there which should release M Bellios from liis obligation or anything which occurred there to stop the trustees in an equitable claim on Mr. Belilios. I submit not. I have finished with the evidence and I only have to refer to my friend's two points. Your Lordship, I think, has already practically decided the first point: I need only refer to one case and that is the Commissioners of Sewers v Gellatley, II Chancery Divison, where it is stated "Where there is a common right among some persons, one of them, even if others, object, is absolutely, entitled to sue for and on behalf of himself and those having the same right." I submit that this Court will prevent Mr. Belilios from being guilty of abusing the confidence which the Jewish Community has entrusted to him and which he now seeks to betray.
Mr. Francis then referred to the cases which the defence had quoted and concluded his ad- dress at 4.45 pm.
His Lordship reserved judgment.
NÁLATEO'S PURIFICATION.
1698.
a long line of high chiefs of old Hawatir About her throatsMalateo noticed a tiny chain that disappeared with the folds of her holakuls yake. An uneasy wonder filled him. What was. attached to that chain? Hawaii's maidens catch so many notions from the subtle, interloping white people Was it a picture won thus If so-ah! and the firm teeth shut tightly
With the chamcteristic directness of his race, he touched the chain with his finger What was hidden?' he asked, thrilling as he felt the warmth of her soft throat. She regarited him with wonder. lid not he, too, wear Polo's charm, that potent safeguard of the crater-god- dess, made from Pele's hair, the wind-blown, silken-fine lava caught ere ever it touched earth, and borne three times around the lake of fire? Malateo admitted that be had small faith In such things, "I let the Kahunas, wear them," he said, laughing and showing his white teeth. She clung to him anxiously. He must not laugh, she urged. These were strange times, and full of trouble for Hawaii. The people were forgetting the gods, and ruin held the land in its grasp He-and she, at least, must be true, to the old faith, and to Hawaii nei. And Malateo, stirred by her earnestness and her beauty, promised to secure a charm the. very next day, and to wear it faithfully,
sparks afar on the night air. Through a little rift in the barrier à flaming stream crept, widening as it flowed, until it poured in a seething torunt at Malateo's very feet. But the leper stirred not. For huself he no longer hapel He no longer feared Only an intense love stirred his soul, a passionate exaltation held him, of worship for the Sacred Thing before him, the goddess of his nation, warring with the powers of the upper air for supremacy over Havali.
Pardon for his people! Atonement for their
Power with their foes! These he asked. Pele Pelet goddess of fire i hear a Hawaiian's prayer for Hawaii! Near, nearer he drew, until Pele's bot fumes were the breath of his nostrils. He climbed upon the very bank and reached forth his hands in supplication for his bands in supplication for his people. Then from the contre of the lake alcolumn of fire was drawn upwards by same irresistible force. From out its
glowing depths à lambent shape seemed to lean and lure him. Nearer he yearned, self-burnt from his na- ture, now in that fierce flame. His people 1 his people. Forthem he had prayed! For thom his prayer was heard! For them Pele herself sum-- monedhim to worship, to sacrifice,to purification!
CHRIST BEFORE PILATE..
authenticity, it has, nevertheless, received wide. publicity, and occassioned much discussion in ecclesiastical circles. What may be its ultimate. value as an historical document, or whether it will be regarded as a forgery, it is impossible now. to say, but the document, is interesting, and its translation is here given inful):
He thought it all over as he climbed Punch- bowl, on his homeward way, a few hours later,
Dalziel's agency saysThe report of Pontius Pilate to the Emperor Tiberius on the trial when the music was over and the crowd. had
and conviction of jesus Christ; which has been fed. The night was still full of wondrous beauty. But all the glittering radiance paled found, so it is clauned, in the Archives of the before his memory of the light shining from Vatican, is still the subject of immense interest. Linkani's eyes. His fingers still felt the pres-Although no one seems willing to vouch for its sure of hers, and he raised his right hand as he recalled that touch, caressing it softly as he spread out his fingers in the moonlight. They were short and thick and hot, not cool and slim like hers. They were not straight. The little finger of each hand was bent forward, and he could not straighten it. He noted the fact curiously. It was new to him, and he strained his finger outward in the effort to bring them into line. As he did so, a flash of tingling pain: went along his arms and across his face through his nose and check-bones. That queer, itching sensation-was-not-new-had been pretty of late. He remembered
- Pontius Pilate to Terentius Clarus, Secretary to the Emperor Tiberius, greeting! I am astonished at the sensation created in Rome by the thal of Jesus Christ. The incident in itself certainly does not amount to enough to „demand the attention of the Emperor, although it has been made the excuse by certain envious persons to discredit me to our master. You call upon me to justify my action in the matter, and for that reason I ́make this report. In the first place I deny that I have compromised Roman influence by my action in this unfor
Gods of his fathers! What was it he remem bered? He gazed, in the moonlight, at his out stretched bands while the sweat started upon his forehead. A deadly chill was at his heart and he shook in its ague. Why could he noi straighten his fingers? What was that itching-tunate affair. Everything that concerns the sensation across his face? To his agonised mind came the memory of similar pains in ears and limbs. In between each little finger and. the next one the skin was white and scaly 'It peeled a little when he rubbed it."
religion of the conquered people has been respected, and I have been guided by the policy, so important in colonisation, to avoid intrusion upon the personal affairs of the governed Neither have forgotten that I entered into. my post at a moment when Juden was facing a crisis; it made my position critical; it required a man of decision, and yet with song senti ment. found the Jewish people divided into two adverse factions, the. Old Jews and the Young Jews. I closed my eyes when I thought it desirable to do so, and I was severe where severity seemed to be the proper cours. I interfered in their disputes only upon rare occasions, and then it was when the dignity of the Emperor or the domination of Rome entered into the question. Ordinarily. I took no notice of the rival parties, and as a matter of fact it was, of little importance which aide succumbed: they are both inspired by the same enmity towards us. My predecessors had much trouble with Galilee. That province, bough small, might be termed the hotbed of active Liberalism, and numerous seditious religious crusades have originated there. I realised it was useless to attempt to crush out these religious ideas and it is another prin- ciple of mime in colonisation that government is
Malateo went forward heavily, staggering like a drunken män, until he reached home. There he threw himself across his bed and lay very still. But his brain was wrung by fierce agony. He knew that he was doomed. What Hawaii- an does not know when the curse descends upon him? He asw himself an outcast in the hills, fecing before determined parsuers, hunted like a mad dog from fastness to fastness. He saw himself taken and condemned to the living death on Molokai and at the thought he groaned and clutched the sides of his bed in his horror. Then his thoughts took another turn. Was there no help? The foreign doctors could not cure. They had. not cured his own uncle. Even the foreign God to whom his uncle prayed, and who is so powerful, had not hear. Malateo himself. had given small thought to the white- people's God. The "Tebu" of the Christians. was severe. He was young yet to think of God He had been educated in the Christian belief in tue schools, and had como-approciation, di the faith but the instincts of his ancestry were strong within him, and in this hour of his dressierhy Liberal than by Conservative methods. need his reeling brain sought pity and ad among the ruins of the ancestral Pantheon.
The Conservative party hem is composed mostly of the richer class, the employers and dandowners, and upon them the occupation by a foreign Power comes the hardest, their patriotism is the most active because it is prompted by personal interest. The Liberals have only a social interest to inspire them, and are therefore quiet and casily managed. Onco only have. I departed from the policy of non*. intervention that I have marked out, in the case of Jesus Christ, and in that intance both the Conservatives and Liberals alike demand of me his condemnation. I will briefly recall the facts to you: For some months the party of, the Old Jews had been alarmed at the progress made with a new doctrine propounded by a young Socialist preacher named Jesue could not see anything serions in his utterances, but they were regarded by the orthodox as very threatening. The Conservatives were tho roughly aroused, but on such a subject it required a great deal to arouse then. Then certain influential persons came to me and charged Jesus with planning a rebellion. I did not believe one word of these charges, but, as they were persisted in, and it was further
But how were the gods to be reached? He scarcely knew the names his forefathers had worshipped. His own father, attended the native Church and was a good Christian, yer Malateo remembered heating him pray, when his grandmother was ill, to some nearer deity. than the Most High, and help had come. Oh! that he knew whence. But Liakani was right. The people bad forgotten the gods. They had strayed from the ancient faith, and judgment was come upon them, as it was now upon him. Why had not-he, as well as Liakani, beeh faithful? If he had even worn Pele's charm!
Abl the other gods, perhaps, were dead. Ther Almighty was very far off from all save His favoured white people. But Pele still lived. Pele still reigned supreme, the volcano god dess in her temple on Hawaii. Surely Pele would help a Hawaiian who sought her in his dire extremity! His blood chilled at the thought of visiting her temple. Whatever his faith, no Hawaian is without terror at the awful spectacle on Kilauca, the last stronghold of unconquered primeval force, where fire and elemental strife reign. But if Pele, the god-claimed that lie had assumed the title of King dess of the crater, is terrible, so too is the curse. And Malatea had so much to live for. If only he could evade the lynx-eyed authorities until he could reach Hawaii and sacrifice to. Pelet
of the Jews, I summoned him to appear be for me. I admit when I saw him I was most favourably impressed. I know mea pretty well- and I knew that Jesus was no ordinary man You write me that he has been represented to He reached the summit at nightfall of the you as being dangerous there was nothing second day, but Tingered long upon the brink, dangerous about him. He had a quiet, ami fearing the descent. The mean that had lamped alle appearance, and a manner of speech that Honolulu so gloriously ten nights since was not showed him to be an orator. Twillingly listened visible, but the brilliant stars outlined and in his theories, which were philosophical rather than political, and I saw no reason to condemn: tensified the depths of the black valley wherein glows Hale-mau-man, the Everlasting Fire. The him. As my functions give me the right to ferrible vale seemed to mock hat as it lay with. determine finally as to a capital punishment, I neither leaf nor blade of grass relieving the black announced to his accusers, who were présent, expanse of its horrid landscape:From where I see nothing wrong in this man. This aroused he stood Malateo could see the glow from the universal resentment, and I found that public Jake's heaving surface, and the vaporous cloud opinion liad Leached such a point against that hangs above it, lighted, as the night grew the accused that nothing but his conviction darker, by the reflection from the fiery waves,would satisfy the people. I endeavoured to Stiffly Malateo crept down the trail into the gain time by referring the matter to Herod, but Herod promptly referred it back to me. crater. He had three miles to travel over that pitchy waste Once his foot, tripping, broke After every effort to save the man from the the brittle lava. Through the cleft cnist he Clamours of the crowd I was forced to submit, caught sight of a fiery underglow, and the and in deference, to their religious ideas I con smell of sulphur assailed his nostrils. Once be demned him, while at the same time I declined -fell, striking his face on a ragged projection of all responsibility, saying it was, nothing in. which the Government had any part, and the lava, but he felt no pain, nor knew that the blood run down his cheek. He walked instine men was sacrificed to the religious principles of the people. The execution of the agitator tively, unconscious of his footing, guided only by the glow from die distant lake. Soon he took place at Golgotha peace was preserved. could see the tossing, ficry wares, flaming high" by a guard of Roman soldiers, and I did all in: on the troubled surface. He could hear the my power to relieve the anguish of the rela lapping of the burning tide against the lavatives and friends of the condemned man, 1 piled banks. Across his face he felt the hot wind from off that molten sea.
It seemed a lifetime ere he reached the final descent and stood at last upon the edge of the lake. The hot lava blistered his fect, but he not ed not the pain Awe, unspeakable dread, had swallowed up every other emotion. He drew one of the doves from within his blouse, and holding it in his hands, began a voiceless prayer to Pele. As he prayed, fear gave way before an ecstasy of worship. He raised the dove high above his head. The creature spread its. wings, fluttered for a moment in the sulphur laden air, then plunged forward and fellamong
do not think any of the followers, of now preaching his doctrines; if they are It certainly attracts no autentention.
Briefs that is the whole case I am con vinced of the innocence of the man. He was must condemned, and We are confronted with a judicial error. Would it be equitable to revise the case eyes Would it be wise? No.. fa this unhappy affair a great many persons are involved. For the most part they were guilty. only of hasty judgment and religious prejudice. The fanaties themselves, in demanding the death of Jesus, merely followed a principle they beloved to be true, Eram all points of view it were better that the matter should rest where it
The Hawailan Band was playing in Queen Emma Square. The night was glorious, and all Honolulu was out enjoying the music. Malateo, dancing in the soft, white light that sifted down through the tall tops of the royal palms, knew not that he was but a part of the spectacular drama played there nightly for the pleasure of weary globe trotters. He took no thought of Hawaii nei, nor of the sad memories. of the old men and women. He only felt, vaguely, that the night was warm and enticing that the blood surged swiftly through his strong young body; that his day's work was done, and that life was full of hope and promise of happi-. ness. He was dancing with Liukani, his little playmate of a few years back So, un children, they had danced and played together in the gard ens of the Kamehameha school. So they had danced and tossed together in the surt at Wal kiki. So, before to-night they had danced to the strains of the national music in the public square.the for waves. There was a mighty upheaval
So, and yet not so, What was the myster ious difference? Maintco could never have told face A great jel of fame shot heavenward,itbed for a crime against the State. A revival in words. Was it the soft swish of Liakan's like the playing of a hellish fountun Malateo white holoku as she swaved to the rhythm of heart leaped with it, Pale nccepted his offering 1 the music, or was it the sweet scent of tube-Pele heard his prayer s roses in the lei about her neck, that drew bis soul and his senses toward her? Or was it the pressure of her cool, slim brown hand in his Never before had he noted the softness and gentleness of that little hand's clasp. It was such a little hand, its long, taper fingers telling of noble birth, for Lisican) was the daughter
of the dark liva crust.ever forming on the surreplet the Jews continue to think Jeans was pia.
He loosed the second dove, and it, too fluttered for a moment over the surface of the vapour.bung lake, and then dropped into in bosom The crust was broken now in many places. Great blocks of lava tossed and charned. among the fiery blows The waves lempe against the bank and cast showera
of the case would not restore him to life, and le would ruin a number of prominent citizens and thigh functionaries, it would disgrace the judges who decided too hastily, the priests who sanc lobed the execution, and the directers of public opinion who deceived the people. I trust you
this before the Empery, show him thes uscleszdess and danger of a birdy
him that justice is seldont.
hearin