The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1898-03-26


pany relying this support their claim that
right of way? \. ] did not sir.
Q. Did you know what their claim was? A. do not.
whether it rested in not of record whether
parole whether it rested in adverse user but was
satisfied my the documents that of
that right shown of record and shown by any
within my knowledge than doubtful that was
absolutely groundess.
@. you make inquiry as to what the ma
ture was you fact Mr. Wheeler, know
they relying upon this grant? A. answered you that
either in fact either directly or indirectly know
they relying upon that grant.
c. And made inquiry to what they were relying
upon? make any inquiries to what they were
relying | consider that it is incumbent upon
of equity examine all the public records
his adversary and place him notice. or to make
inquiries he has good for them and the crcum
peculiar be otherwise than mpert
O. Did you understand Mr. Wheeler that they have been
using this track unmolested for great many years. A.
That understand only understand that it is alleged
in the bill.
O. Were you informed did you understand that no init
gone Kahulu Railroad Company that they
had this right wayhad warning
this?
Mr. Hartwell-I think Mr. Wheeler has referred the
which had been made to him to the information
given Captain Hebron
Mr. Knney-Outside of that have you knowledge or
information that the Railroad Company had been
appraised the fact claim that had right what
between the wharf and Sam Parkers
land? A. What do you at the time of applying for
Injunction and making affidavit did understand that
they had or had not been?
c. any during the Is 10 years that they used
that track had they received any warning or 1nmaon out
have suggested far learned
that there any defect in their right A. Outside OF
stated have no knowledge information upon
that subject although understand matter of law
party appraised of the condition of his
title
O. And what have you to say the land grant,
NAV as we'll cover that? Well nothing, permit
me say these matters that so long under
the opportunity to deny it under OATH so place
myself upon absolutely for all time denying the
slightest disposition intent act OF conceang keeping
from this any that should have been within the
knowledge My understanding is also that while
the precise gone into that general state
ment was made to of what the understanding of
counsel prior the time that the INDUCTION
granted So much for the record of specific denial Now
you what have to the Grown Land Com
mssioners' lease.
O. Yes A. do not see that I am upon properly
to give professional opinions upon subject but since
desire objection to telling you what think of the
crown land.
O. One moment Didn't you ask for your restraining
order upon your conclusions lawyer that had right
A. You may say a lawyer upon hand. suppose it is
impossible for individual whether he Is influenced oy III
terest upon any subject whether he be ayman profess
sional less affected in his judgment on the
evidence presented perhaps my conclusion is Influenced
nv the fact large stakeholder in that corporation
and the fact that of its officers for the last
four wears general knowledge to its claim to
title and that been supplemented by ezamna
ton of records which studies lawyer have doubt
view with clearer far as the law s
concerned. than ayman would
O. Your that didn't think that we had any
rgbt o If A. desire say that in spirit OF
estiness for tesyng upon the subject at ALL am
clad TO give it you the time is contrary to the
usual order of evidence and do not wish the Court to under
stand that opinion is matter of evidence ordinarily