The Daily bulletin. [volume] (Honolulu [Hawaii]) 1882-1895, 1888-05-01

ices UljCI Jllut lhCIS WIS a NSlnahN
made on the trustees for the land.
(The whole correspondence was
fled).
Prof. Alexander was called and
sworn: | am Surveyor-General.
Have been such since 1871. l have
made it my duty to ascertain what
lands are and are not under Govern
ment Patents, grants and leases. l
am acquainted with this land Opu.
I surveyed the land, first for Gov.
Dominis when he was executor of
the estate of Kamehameha V. in
1873. (Shown tracing). Said it
was a copy of the original map
given to Gov. Dominis. The survey
was carefully made and the notes
of survey carefully compared,
(Shown a map). This is copy
kept in our office and includes the
whole of Opu. think Gov. Domi-
mis- has the first map that ! made of
the survey. The boundary was GER
tilted to by Judge McCully, who was
then commissioner of boundaries.
This land has not been patented,
awarded or granted.
Cross examined: | don't know
where the map is from which that
tracing was made. | have lost the
run of it. There is map of the
estate of John Ii, showing the whole
valley.
Judge McCully sworn: (Shown a
traclng.) L was boundary com
missioner for Oahu in 1874. My Gus
tom was to write a certificate on the
map and signed this. certified
to the boundaries of Opu. You will
find in the book of records a copy
of the survey, that is, the field notes.
Book brought into Court and Judge
McCully read the record there trans.
scribed i'll which it states that Prof
Alexander on behalf of the estate OF
Kamehameha V. made application
for the settlement of the boun.
Diary of Opu, or Makiki, on the
9th July, 1874. This is my sig
nature on the tracing. The peti
ton for the settlement of the boun
daries of the Ahupuaa of Mallik
by Gov. Dominis as land commits
stone. was filed in November / S6S.
understood that the claim Of Gov
Dominis was made on behalf Of thC
estate of Kamehameha.
BY the Court: 1t puzzles me how
the application was first made by
Gov. Dominis as a land commits
sioner, and later as administrator O
the estate of Kamehameha.
Mr.. Hartwell explained that tht
first application was made during
the life of Kamehameha and the &c
after his death. There was no oppo
sition on the part of the Govern,
ment.
Mr.. Damon sworn: The only othel
map that | know of is now in the
possession of Mrs. G. A. Brown
We have no paper title to the lanc
of Opu, only on decent.
Cross examined: From my know
: ledge, and what l have been tol
the land was in possession of th
relatives of Kamehameha befor
land awards were granted.
: Mr.. Hartwell admitted that tn
g defendants and those under whOr
they claim possession had possessio
l and occupied the land since the tim
S of the conquest by Kamehameha
s Mr.. Alexander recalled (shown
paper) stated that it was q memo
randum of Government grants {
unassigned lands; it was made u
: from the Government records. 1t
e correct so far as | know.
O Counsel for defense objected
Il having it filed as evidence.
Mr.. Hartwel stated that if IL
10 counsel objected he would produ'
n the original grants if it took weC
r, to go through them.
ct This led to an argument for al
= against this paper as evidence.
" The Court overruled the objectit
i and allowed the memorandum
S, evidence.
r. Mr.. Hartwell stated that t
10 memorandum included grants ma
=. from 1852 to 1880.
" The opposite counsel object
S, and asked that any act of the Kin
It. other than Kamehameha V. be c
to cluded.
,4 The Court allowed memoranda
~ any grants made by the Kamel
he mehas, but none since their deaf
'r, Prof. Alexander: In 1847 the
v was Government lease of Il
Sc land, Copy of lease produced.
:, was recorded. This was before t
,"' division of lands between the Ki
he and Government, and the King a
OIL chiefs.
DIS Recess until 80 p. NJ.