The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1892-08-26
THE BIG SUIT.
Testimony of ]. o. Carter, g. W.
MacfarIane, 4. S. HartweH,
&. l.. Carter and Claus
Spreckels.


farlane a. Co. under date Of March
9th, 1889.
Cross examination answer to
Mr.. Hatch L think / wrote it at the
instance Of Mr.. p. G.. Jones, who said
there had been some talk between
Messrs. CornWell and Macfarlane in
regard to a consolidation. and he
SAID it would be a good thing, and
we had better make a proposition at
once, because if / go over to the
Coast l can talk with Baiely, and per-
hape forward it. [ do not know that
the proposition had been under dis
cussion before. Mr.. Jones said that
he had talked with either Cornwell
or Macfarlane-I am not sure which.
[ suppose that letter was sent to
O.. w. Macfarlane's Office. l do
not think it was sent to Mr.. Cart
wright's Office, though possibly the
messenger took it there be was adj
vised to take it to CT. W. Macfarlane's
Office.
In answer to Mr. Hartwell: | know
of no significance being attached to
the fact that it was written on the
day when those gentlemen were hav-
ing a di cussion except that Mr.
Jones wanted to get ii into their
hands, AS be was going away and
wanted 20 be thoroughly advised. l
did not know that Mr. Bishop, Mr..
Cartwright, Mr.. Maefarlane and Mr..
Spreckels were having conference
with regard to Waikapu matters. l
understood that they were to have a
conference, and [ wrote this letter at
once and sent if er to q. w. Mac
farlane q Co.'s. know of no con
nection between the sending of the
letter and the conference. l was in
structed to send it to CT. w. Macfar-
lanes office, and [ did so.
CROSS EXAMINATION OF G.. W. MACFAR-
LANE.
Resumed lin answer to hlr. F. NJ.
Hatch).
Col. Spreckels nor anybody on be-
half of the Hawaiian Commercial
Sugar Company ever denied my title
to an undivided half of the com
mons. never heard my title ques
toned by them. Henry Cornwell
reserved the right to run his cattle
on the commons when we purchased
the plantation from him. He re
served that right for three years
without rent, and he ran them there
about three years. He may have
continued to keep them there until
three years after the sale to Mr.
Spreckels. The Waikapu Company
purchased some working steers from
him. We had no other cattle on the
commons besides working cattle be-
longing to the plantation. There
may have been some belonging to
Mr.. Cornwell or some of the lunas
and some horses belonging to the
laborers on the plantation, but the
company have only had working cat
tie that I know of. MIR. Spreckels
had the same right to run his cattle
or horses all over the same land.
cannot say that he did run any there
but we never would have objected.
We never asked his consent to en-
close and plant any portion of the
commons. We notified him that we
were enclosing that $50 acres for
pasturage, the plantation notified
him. l don't know as l officially
notified him, but we spoke OF the
fact. I said we were using a little
Of the land there now and that we
were going to do a little fencing
and there was objection made but II
was at a time when we were trying
to make a general settlement of the
commons. At the time the one
hundred and fifty acres were en-
closed for paddock around the ponc
[ conld not say that anything was
said to him or his Company at tina
time. l could not tell how man!
cattle were in that pasture. Ih'
manager had few horses there, or
or two. And he also told me that b.
kept an account of all animals out
side of our own animals for which
they received any pasturage. At tn
time we purchased from Henry Corn
we'll we did not give him mortgag
for the purchase price, we gave hl1
a mortgage for part of the amount
I think we paid him $4,000 IN casE
which Bishop & Co. advanced TO u:
and the balance was about SllO,OO'
Cornwell's mortgage was on tn
plantation, lands and mills, an
Bishops was on the crops. / thin
that remained unsettled up to th
time we Incorporated, when nj
Cornwell took shares as security
place of the mortgage, took them
collateral on Mr.. Cornwell's note an
nv note. Part of these We're tt
shares that VIM Cornwell desired
obtain at the time he sold to %
Spreckels. It may have been Il
fact that Mr.. Cornwell wanted Il
note his mother held paid. II
could get it paid at the time he to
me that he could not make this sa
unless he held these shares. He to
Mr. SpreckeIs that he could eth
buv MS shares without any condltl'
about any other shares or leave the
alone. and Mr.. Spreckels conclud
70 take the half of the shares.
think it was in 1884 that we turn
over the plantation agencies to }.
Spreckels & Bros, but that did !
relieve me altogether from any OF
cation or feeling of dependence
them. So far as the plantation v
concerned it did, but had other
terests that would be reached
mortgage on my homestead
;ps+onoo of $40 OOO Thew W