The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1892-08-16
THE BIG SUIT,
Testimony of the Sugar King,
Claus Spreekels,
The Case Between the Hawaiian
Commercial and Sugar 60.
aud the Waikapu Sugar
Co, in which One Mil
lion is Involved.

The much-talked.ot litigation be-
tween the Hawaiian Commercial
and Sugar Co. and the Waikapu
Sugar Co. is reduced to a bill for
partition and accounting, brought
by the former company against the
latter, asking to have that part Of the
land which il has used exclusively
set apart to itself. on the claim of
parole argument that this should
be done, made between III. Corn
well and c. Spreckels, and ratified
by the two companies also asking
that the Waikapu Sugar Co. ac-
count for its receipts of money from
the leasing of the commons, offer
ing to account to the Waikapu for
similar receipts of it's own, but
denying liability to pay anything,
The case therefore comes to the
question of fact as to the alleged
parole agreement, and, if none is
found, to the question of law as to
the kind of liability of the Hawai-
ian Commercial, i. e., is that com
pany liable to account to the Wal
kapu company for profits made by
it's own enterprise and capital ont
of the common property used by it
exclusively, or is it only liable for
the rental value Of such land?
The following is the Court Stem
ographer's statement of the evil
dence at the hearing Of the case:
Testimony of Claus Spreckels (con-
densed) called for the plaintiff,sworn:
On answer to Mr.. Hatch: l at one
time owned half interest IN the
Ahupuaa of Waikapu which was sold
to me by the late Henry Cornwell, |
think IN 1878 or near that. There was
some grazing land at Maalaes Bay,
and sand hills, and the other was
land which they called SIX weeks
grass lands, and then it would be
barren Towards Maalaea Bay was
pasture maniania grass towards the
year through. There were no streams
or water supply belonging to this
land other than at Maalaea Bay,
windmill for pumping. The land is
capable OF producing nothing with
out water. At the time l purchased
the land it was being used for graz
ing purposes by the late Mr.. Corn
well. I gave him kind OF three
years lease from the time bought 1t
as he said he could not get the cattle
away. He had 1900 or several thous-
and cattle. The cattle have con
tinued there to date; the land
has not been fenced in. The
IaiIfu bought from 'une lie
Henry Cornwel Is $4,000 acres, and
we have fenced IN the neighborhood
Of 400 acres that we have occupied
We have never occupied outside oil
the fenced land. / could not remem
Der when that fence was built. This
Waikspu Sugar Company have had
the occupation Of all Of the land owned
N common except what we havt
fenced, and prior TO that it was Henry
Cornwell's. They have had the en-
tire possession Of that portion, and
our Company has never interfereC
with their possession IN any way.
O. How did it come about that you
occupied separately? A. We had al
agreement, a verbal agreement first
with the late Henry Cornwell tina
we should go ahead and fence in q
much az We pleased on our side, bu
we should build the fences so a. II
keep the cattle out Of the cane.
o. State whether or not you haC
any further agreement with the Wal
kapu Sugar Company with regard T.
thatf A. Ihave seen Billy CornWel
there when / have been down there
and we have agreed about the same
as his father before him, that "
should 90 ahead and plant cane a
much az We pleased and give him th
balance for pasture, but keep it j
fence. This agreement was not Il
writing. It was mutually agreed be
tween ourselves, both parties.
@. VIII you state whether Their
was anything agreed upon betwee
You and Mr.. W r. Cornwell with RI
gard TO fencing the common A.
have stated, I believe, before, that "
should fence ii In that, a. they ba
the cattle and we had the waite
We should fence it that sid
Of the commons aud they shonl
occupy the other side whore there
more grazing but we should bnil
the fence. We had got the wat'
from Waihee and from Haiku in Of
bitches for irri2ating the cane,
was all water brought from di
lance. none rising on the land itsel
We had this agreement with '
RI. Cornwell. After I bought the ha
interest the WmkspU was incorpo
ated. W. II Cornwel has bee
manager Of Waikapu Plantation ev
since the fine Mr. r. Corn yell ga
NJ managing. 1t would be impo
si0le tn state the time I made tn
agreement with w. r. Cornwe
Whether II was in 1882 or 1888 I
not remember now. The a9reene
with VIM CornygelI was before &
Wainee ditch was ding dol
think We bad planted any crops
taken of any crop before that agrl
ment I had written a9rsene
with Henry CornwsI with regard
dividing the land
@. That memorandum makes
reference 90 how y3a sho1
make q partition, did yon mako a