The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1892-08-22
THE BIG SUIT.
Testimony of J. ID. Marlin. Called
for the Defendants.

Sworn. On answer 10 Mr. Thurs
toni. l was in the employ of the
Hawaiian Commercial Co at Spreck.
elsville from 1878 to June 1882.
was called the outside manager, head
o7erseer outside l think l remem-
Der an occasion when there were ne
gotiations between Mr. Spreckels and
Mr.. Macfariane concerning a division
of the Waikapu commons. think
went out with Mr.. Spreckels some
time IN the latter part Of June or
fore part Of July, 1882, and met Mr.
Macfarlane and Mr.. Cornwell about
division OF the Waikapu commons.
[ had been running fence in field
3, and had taken in part of Wal
kapu, and Mr.. Spreckels asked me if
such was the case, and l told him [
had, and he said he had been spoken
to about it and they were coming up
to see something about it, and l told
Lin why it was the road running In
= shape would leave a diagonal
so that / would have to shift
II pee afterwards, 20 [ putt right
Alongside the line Of the
and took in from sixty
- hundred acres more
-, i never had it measured
or to that we had been leaving
Waikapu alone because we had not
got to it. When l went up there in
June, 1882, was the first land that we
fenced of Waikapu. When we went
on the plains Mr. Spreckels aud my
self went in brake. and lie said MIR.
Macfarlaue and Mr. Cornwell were
coming later We got there first and
we could see the other gentlemen
coming at that time. Mr.. Douglas
Monsarrat, MIR. Macfarlane and Mr..
Cornwell were there; Douglas Mon
sarrat was there to show us the lines.
We went up and looked around the
plains, was there an hour, or two
hours, went up to the line of the Wal
kapu between Waikapu and Wailuku
commons on to the Waikapu com
mons q very short distance, and back
again. Mr. Spreckels then said he
would go to Kahului to get lunch.
/ showed Mr.. Spreckels where the
hundred acres were / had fenced IN,
showed him where the posts were
and asked him if 1t was all right, and
he said yes, it was all right, he would
go down and talk it over, and there
was to be some settlement made. l
felt as if | had superseded my orders
in taking it in, and he told me l had
done nothing wrong, to go ahead,
and We went up to kahului and went
IN, aud after lunch g game of cards
was proposed, and the gentlemen sat
down and played cards. There was
no conversation between Mr. Macfar-
lane and Mr.. Spreckels in my pres
ence. There was no conclusion come
to at Kahului in my presence. In
1883 we commenced fencing III more
of the Waikapu commons, ard the
surveyor told me that there was
more than nine hundred acres IN the
field, No. 6 we called it. The next
year, in 1884, they fenced in field Z;
they told me between seven hundred
and eight hundred acres We're IN
that; that was after left the plant
alton. When | was fencing in this
nine hr Ared acres, Mr.. COrnwelI
spoke to me once.
.. What did he say? A. He sale
they had not yet come to settle
ment about it; there had been ne
division made, and asked me if We
were going ahead, and [ told him
was only working under orders, anc
he said no more at that time; this
was at Kahului, l think. The yea
after when was building reservoir
for MIR. Cornwell at Waikapu, h
told me there had been no settle
ment made as regards the land, ant
1 asked me if l could give him abou
where the line run IN the cane AM
the acreage. told him what was L
field S, it never had been measure
to nv knowledge, there was fror
anywheres from so to 100 acres NOR
or less, and the other field | said
900 acres is what MIR. Stanley tol
me. l didn't know what he wa
making these inquiries of me for
the time. | reported what he sai
the first meeting to Mr.. William
the superintendent, after he spoke
me about my fencing the land, fen
" ing in No. 6, the 900 acre piece. w
liams took me to his private oth(
and told me to ahead with what
was doing, to go ahead and do VIII
was ordered and be discreet vii
what was said in the office. l thlr
he meant that any business that WI
transacted out there should not
published outside, or anything sa
with regard to'anything Of the XII
should come through him rath
than through me- think he was
little more vexed at me than an
thing else; that is the way to-
it. There is q strip Of lal
running through Waikapu Co
mons, and it is very rich deep SC
AT this time in 1882 Mr.. Porter W
manager of the plantation. L dol
think he had ever given me a
orders about planting on NalkaE
Mr.. Williams gave orders. He b
been out through Field 3 aud
was there when | commenced feI
ing Field 6. He gave orders to
ahead. but there was never al
thing said about it, he never s;
ANYTHING for me to stop or 60 abe
until / spoke to him about what
Cornwell said, then he told me to
ahead and do what l was order
Mt. rorrura1l OrIv smoke TO me II