The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1895-08-05


after the sale made by Pilipo to Iaea.
Pilipo is dead over a year and the
deed was made few days before his
death. Pilipo in his life time never
to my knowledge asserted an abso-
lutte ownership to that property.
Pilipo had a memorandum of the
time of my birth but since his death
it cannot be found. 1 heard about
all these people from my own father
and from Pilipo himself. They told
me when I was born but 1 have for
gotten. / never saw my grandfather
or grandmother. l was never told
the year that they died.
Lavinia Kapu testiies: She lived
at Eva from 1860; know plaintiff
Kapuakela and defendant Iaea;
known plaintiff for several years,
from when she was a child, small
child. Plaintiff resided when L first
knew her on the property before the
Court today. At that time 1 first
knew Kapuakela, Kamai was in pos
session of the land. / only heard
that Liliu was uncle of Kamai. /
only heard, 1 don't know the mothers
name. There were two men that
came from Molokai. 1 went to live
at Eva when l got acquainted with
the children of KaapaahiE who was
the father. never knew the moth
er at all. Liliu was Ksapaahili's son,
I heard that. Kamai had three
brothers and sister. One was Kamai,
Luahine, those were two boys; sister
was Makamonamona. l heard of
al al, Il
them Kamai married Kamealani,
had one child Kapuskela. Kamai is
dead. Pilipo is dead. Luahine and
Makamonamona are dead. They
left no children except Kamai. They
were all unmarried as far as / knew
excepting Kamai. L have talked
with the members of that family
about the events as they took place.
I heard that the reason these two
men came from Molokai was to play
a game of maika with my husband;
two men Liliu and Kaapaahili.
Also the wife of Kaapaahili. Did
not know the wife. That is all I
heard about their coming down here
to challenge my husband to this
maika. 1 have heard Pilipo talk
about it. 1 always heard that Liliu
and Kaapaahili were kaikuana and
ksikaina; when 1 came to live down
here both Liliu and Kaapaahili were
dead and also the wife. When 1 first
knew the family the members were
Kamai, Pilipo, Luehine and Maka-
monamona. / know the land in dis
pute; they were all together on the
land but he was the only one that
had a house on the place 1t was
1861 or 1862 that / first saw Kamai
on the land using it. Kamai, Pilipo,
Makamonamona and Luahine were
brothers and sisters. / never heard
that Liliu was not related to Kappa
hill grandfather of these children; I
always heard that they were related.
I heard about this relationship of
Liliu and Kaapaahili from others
and also from members of this fam
lily; all these children that / have
named.
The defendant produced testimony
In contradiction of plaintiffs testi-
mony, the larger part of which was
the testimony OF several witnesses
for the defendant who did not know
the pedigree of this family, nor were
they acquainted with the members of
Pilipo's family when alive, but such
testimony cannot prevail against
that of witnesses who did know not
only the pedigree but also the mem
bers of the family when alive.
This exception is overruled.
The above is the only assignment
of error set out in the bill of excep-
tions. But there appears in the bill
the following:
The Clerks minutes. the notes of
evidence as taken by the stenograph-
or, tie exceptions noted Jy DEFENDANTS
counsel as appears by tile steRographer's
notes." &C., &c, &C., "are hereby refer
red to and made part of this bill of |
exceptions"
The defendant at the hearing be |
lore this Court on examination of the |
evidence picked out two exceptions |
70 the admission of testimony and |
asked that they be considered as if
get out in the bill. This cannot be |
all assignments of errors
must appear on the face of the bill
IF exceptions and none others can
De heard.
The words The exceptions noted
oy defendants counsel as appears by
he stenographer's notes are referred
20 and made a part of this bill of
cannot be construed to
cover the omission to set out the
alleged errors in the bill itself. To
sntitle appellant to argue any as
'ignment of error it must appear on
he face of the bill and he is rot en-
tiled to be heard or to rely upon any
error not appearing therein.
The alleged exceptions set forth in
he stenographer's notes are as fol-
ows:
LIST, Cross examination of Mrs.
Iivinia Kspu.
Q. In regard TO the relationship,
What you heard about the relation
hip between Liliu and Kaapaahili,