The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1895-08-05
OPINION OF THE COURT BY CIRCUIT JUDGE
WHITING.

OPINION OF THE COURT BY CIRCUIT JUDGE
WHITING.
The plaintiff sues In ejectmept to
recover one half of certain land at
Eva, Oahu, claiming as heir of Liliu
the patentee, and produced evidence
tending to show that she and Pilipo
we're at certain period in his life
time the sole equal heirs surviving
of Kaepaahili, a brother OF the
patentee, Pilipo died about Is
months ago but just before his death
conveyed the whole of the premises to
defendant Iaea The charge of the
Court confined the issue to the ques-
ton of pedigree. A verdict was
rendered In favor of plaintiff for one
half of the premises and defendant
duly excepted thereto and moved for
new trial on the ground that the
verdict was contrary to the law and
the evidence, and the motion was
overruled, and defendant excepted.
The jury are the judges of the evi.
dence, witnesses and facts and we
can now only examine the case so far
as to see whether there was evidence
produced before the jury upon
which they could base their verdict
We find that there is ample evidence.
Testimony of Hoaliliamanu. In
answer to MIR. Kinney.
1 live at Eva, was born at Waiawa.
I know the land in dispute. My
home is about two miles from this
land. / was born in 1888. / know
this girl. / knew her parents before
she was born and knew her when she
was born. Her father was Kamai
and her mother Kamealani. They
were married and lived at Waiau
and she was born. / don't know
when she was born. Kamai and his
wife were living on this land in dis
pute. Kaspaahili was the father of
Kamai and Keikikeuhane the mother.
There were six children in the family
of Kaapaahili. Kamai was the old
est He was born before they came
to Eva, he was brought down from
Moloksi. Liliu aud Hoaai my father
came and then Kaspaahili and his
wife came. This boy Kamai came
down with them from Molokai and
became the father of this girl. Liliu
was the patentee of this land. Kaa-
paahili and his wife and Liliu lived
on the land and the children lived
there with their parents. Liliu and
Kaapaahili lived there together and
this same woman In the same house
on the land. My father said that
Liliu and Kaapaahili were two
brothers, the elder and younger one.
] knew Kaapaahili. Liliu died at
the time of the small pox, don't re-
collect seeing him. After Liliu died
Ksapaahili lived on the land with his
children and wife. At that time
Pilipo was small. He was the fourth
child. The first child was Ksmai,
the next daughter Kiowai, the next
a daughter Lii. the next was Pilipo
and after Pilipo a daughter named
Makamonamons and then a son nam
ed Lushine. Kiowai and Lii died.
They never had any husbands or
children. Makamonamona had no
children but she had husband nam
ed Alone. L think they were married
because they lived together and In
those times they were very strict
about those matters and they must
have been married. / assume they
we're married because they lived to-
gether. Instantaneous was a
haunchbsck. Luahine was not mar
ried. He went up to Maui and lived
with q woman. He came back and
died and he had no children. Kamai
had one child. this Ana Monamona.
After Ksapashili's death all these
children lived on the land, Kamai
aud his brothers and sisters. kamai
lied at Waiawa and he was buried on
this land in question. His wife Ia
question. Kamai died first
After her husbands death she
continued living on the land. All
these people lived there equally, one
was not living under the other.
Cross examination. think Kaapaahili |
died in 1866. Keikikeuhane died |
about 1860 Liliu died of small pox
in 1853. Kaapaahili told me that is
what killed him. L never saw Liliu |
Kaapashili himself told me that they |
were two brothers that my father
came with them from Molokai.
(This witness gave full testimony
as to the family of Kaapaahili al
ways living on this land in unison.)
Testimony Of Kapuakela. My
father was kamai, my mother IA
mealsni. My fathers parents were
kaapaahih and Keikikeuhane Kaa-
paahili came from Molokai with
Liliu his elder brother, the patentee
of this land. My grandmother came
from Molokei with Kaapaahili and
Liliu. 1 don't know of Makamona-
mons's having any husband. She
was cripple. was born and lived
on the land in dispute. My parents
lived there and nv UncleS and amt |
All OF that family lived there to-