The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1892-08-17

Maui. We all came to the cOuclu-
sion that it would not be an easy
thing to divide it in one dav. /
don't know whether l proposed to
take everything there was on the
Haiku side of the sand hills and
give everything on the other side
don't know whether Mr. Macfar-
lane was In debt to me at that time.
Not to me, perhaps, he has been
heavily In debt to my sons. If he
was indebted to w. G. Irwin q Co.
don't know it, you would have to
get Mr. Irwin up here to testify to
that, l never take care Of that part.
All those things will show by the
books. I don't know what the IN
debtedness was, it might have been
$4,000 or 100000, / don't know
what the indebtedness was, whether
it was settled or not John D.
Spreckels is President Of the Com
pany now ard has been for several
years. Before that Mr.. Henry T..
Dodge was President, at which time
John ID. was Vice President. When
we started IN work up there Mr..
Schusler was engineer, then Mr..
Forbes, the two brothers. Schusler
was here at the time we bnilt the
ditch, that is my recollection, he was
here to bring the water on 10 the
plantation if it was feasible. Neither
the Waikapu Sugar Co. nor Mr..
Cornweli ever applied to me to get
water onto their part Of the land,
from our ditch, not even for cattle
that | am aware of. do not remem-
Der the date when we got the Waihee
water. The Waikapu was purchased
before we started in with that ditch,
and the WaIhee ditch was much
later. We pay $4,000 a year for the
Waihee water under lease.
Re direct examination: Those
shares in the Waikapu that L pur
chased were not bought for the pur
pose of influencing this suit of Mr..
Macfarlane's rights in any way, [
never had any idea that there would
be any suit or could be any suit. I
wanted to buy the whole but Macfar-
lane wanted $4,000 or $4,000 for
his half. negotiated for the whole
and told MIN that if he wanted 10
sell the whole l would take the
whole, but he didn't want to do so,
so / took CornwelPs half for $780,
900. If, when Mr.. Hartwell visited
me i'll Philadelphia, he had made
any demand upon me | would posi-
lively have remembered that. /
don't remember anything about it.
1,EcrrATONv on w III CopD-,ur1r
Called for the plaintiff Tin answer
to Mr.. Hatch)--I am the President
of the Waikapu Sugar Company and
manager of the plantation. | have
been manager of the plantation since
1876, and / think since 1882 or 1883
president. Since my father gave up
the presidency I have been president.
My management dated prior to the in
corporation. The owners of the Wal
kapu Plantation prior to the incor-
poration were my father, O.. w. Mac
farlane and myself Mr.. Macfarlane
and I bought 1916 interest from
my father, Henry Cornwell, of the
Waikapu Plantation, and father re-
tanned 1-16. That was before it was
incorporated. I have been sole man
ager of the plantation, though of
course We have had our agents. I
knew when father sold Mr.. Spreckels
half interest in the Waikapu Com
mons. At the time he sold to Mr..
Spreckels he still retained his 1-l6
interest in. the plantation, and run
his cattle on the Waikiki and Wai-
nnYfI11T7n6 tn do
so after the sale. At the time he sold
the half interest in the commons he
had an understanding with Colonel
Spreckels whether it was verbal
understanding or written agree
ment, it was understood that he
should run his cattle upon the Wal
luku and Wsikapu commons upon
all those lands that were unfenced.
He kept his cattle on those lands up
to probably in 1888 or 1884, along
there. I don't know what my father
and Col. Spreckels agreed to IN re-
gard to the portions of those com
mons that could be fenced, what
was to be done with those portions
We have pastured the Waikapu
cattle on the Waikapu commons and
on the Waikiki commons up to the
present time, on the lands held IN
common between Col. Spreckels anC
our Company, excepting those tina
have been fenced. They have had full
access to any portion of the land ex
cept that of course which was en-
closed by the fence. The Hawaiian
Commercial and Sugar Company, o.
anybody on their behalf, have no
pastured cattle on the commons t
my knowledge; we have had the soil
use of the lands, except what wa
fenced, ever since we became inter
ested in the lands together. W
have had more or less working cattl
running there up to the present time
aud at this time we have more tina
the working cattle; we have her
of cattle which we have had for som
wears now. Our cattle sometimes &c
into the fields Of the Hawaiian Con
mercial and Sugar Company, VII
would send me word and L woul
send for them. We have receive
cattle for pasturage, not great dea
for instance, from the people residin
in Waikapu for their horses runnin
upon the commons; of course v
kept an account Of that. We wei
aware of the fact that the Hawaiia
Commercial and Sugar Compar
plowed and planted certain portion