The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1892-08-25
THE BIG SUIT.
Testimony of Col. George W.
MacfarIane, Continued.

llur5GODJ N0lLueE uOI LII. - 1
Cornwell, or anyone on our behalf, |
ever at any time, in any manner, con-
scented or agreed that Spreckels or
the Hawaiian Commercial Company
should fence in or take exclusive |
possession of any part of the Wal
kapn Commons, or should take any
land on the east side of the sand hills |
and Waikapu the land on the west
side, to my knowledge. I never
heard of any agreement made by
anybody to that effect. l never heard
until yesterday of the written agree
ment signed by Henry Cornwell. l
can give no explanation of how it
was that Mr. Henry Conrwell, having
already sold his entire interest IN the
Waikapu commons, should sign an
agreement to partition. | never had
or heard OF any agreement that they
should fence in what land they
wanted, and never agreed that they
should take the land on the east side
of the sand hills, and we take the
land on the west. finally brought
suit in eiectment on the 18th of June,
1891, having failed in every means Of
bringing about settlement as the
only alternative, and not with any
expectation of getting what might be
termed snap judgment. l did so
on the advice of my attorneys. l ar
rived at my estimate of damages by
figures 1 had with reference to the
yield and acreage, and average price
per ton for sugar and the cost of
manufacture on the estate per ton.
The figures I got considered to be
reliable figures, half the total amount
of which figured up approximately
SI,107868. The net profits to the
Hawaiian Commercial Company were
$2,215,7 36 about.
CROSS EXAMINATION OF GEORGE W. MAC
FARLANE.
I'm answer to Mr.. Hatch) | threw
off the odd 100000 by advice of my
attorney. The exact amount thrown
off was $107,868. L consider this to
be accurate data, as accurate as |
could obtain, without having access
to the books of the corporation. I
have been trying for years to get at
even the acres under cultivation, but
it was found impossible to get at
those figures. got my figures from
someone in the employ of the Ha-
waiian Commercial Company. I con-
slider the figures to be accurate. The
basis was the actual area of the
fields under cultivation all these
years and the average crops. The
reason the Hawaiian Commercial
Company did not take possession of
this 800 acres over here on the Wal
kapu side when they found it was fit
for cultivation, and below the line of
their ditch, was because we were
then putting our foot down as much
as we possibly could until definite
understanding was arrived at as to
what lines the planting was to be
conducted upon. In other words,
we objected to it. I don't know their
reason for not doing it. With regard
to this new area 900 acres), Mr..
Spreckels brought it in and said, be-
fore making a general settlement, he
wanted to give us notice that he in
tended to extend his line of ditch
further, and he wanted to take in
more land. l don't know as he
wanted to give us notice particularly
I don't know exactly what he, said
but he introduced it in that way.
/ don't remember what reply L made,
but there was a general discussion
among all of us there, and as near
as I can recollect J. said that I
thought as there was talk of a con-
solidation Of the Wailuku and Wal
kapu, l was not prepared to say
whether they could go further with
their encroarhments. / didn't use
the word encroachments exactly, but
some synonym perhaps. could
not say exactly whether l expressed
a decided dissent, because I was
waiting TO hear further with regard
to the settlement. 1 cannot say
when that matter was first preached
to me by Col. Spreckels whether /
agreed to it or dissented to it, 1t was
only at this meeting and it was a
hurried meeting, only few minutes
and l had great many things in
my mind at the time in connection
with the proposition and settlements,
and I cannot exactly recollect what
[ said; but that is the first / heard
of it or knew of it when the thing
was definitely put forth before that
meeting. That is the first time the
map was produced. | do not with
draw my statement that used the
word encroachment or something
similar to it and l cannot say whe
Their l dissented to the proposition
or not. Mr.. Cornwell said very lit
tie on the subject. don't remember
if he said anything to indicate assent
or dissent. did not ask Mr.. Carter
to send that letter to the meeting. /
don't know how Mr.. Carter knew
that we we're having q meeting at
that time. It was not altogether a
surprise to me, because it might
have been talked about for week Oh
more, the consolidation of the Wal
luku and Waikapu. / don't remem-
Der whether I told Mr.. Carter that
we were to have a meeting with Col.
Spreckels, MIR. Bishop and Mr.. Cart
wright. The letter was not used to
make Col. Spreckels more eager
to come to a settlement with us,
it was bona fide proposition
from Brewer & Co. to consolidate.
don't remember who brought the
letter to the meeting. They were in
the inner office when it was handed
to me- At the time of this meeting
Mr.. Cartwright was a creditor OF
mine. I think the only obligation /
was under to him that time was q
note with Hotel shares as collateral