The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1899-01-28

naokanc continuously during all this period and later
But DR. l. S Thompson that he, from 1879 1885, used
the entire Iaawa water that Is that from Kupunao
kane, for uming from land in Haawa leased by him of
Dr. Wight, the Halawa mill, and this permission of
objection by the plaintiff
This if true would interrupt plaintiffs continuity of
But contended that open and adverse of the water
by the plaintiff right required it, though
daily continuous would interrupt the running of
of limitations. This as general proposition,
but nconceivabe that years both Iaawa
and Koala (alaua) mills grinding right
alleged be the property of and the latter should
be used bv the without demur
r. H. Atkins District Magistrate OF kohaa and son-inlaw
DR. Wight says that taking the crops and
1875 he used all the Haawa Kupunaokae for mill
purposes; this while Ialawa mill turned by pow
The year they put power and did need
10 use much "
Mr. A. Sumter who was on plaintiffs plantation during the
management of Baldwin and Williams having oversight of
plaintiffs fields, says, acknowledging his memory be
imperfect he has recollection of being taken from
IIalawa plaintiffs plantation while he there
poyed and thinks he would have known of if this had been
the
Mr.. c. b. Wells, manager of Iaawa plantation from Feb
ruary, 1880 June, 1880 he used nearly all the Kupu
water but left enough for Kohaa Sugar Company
pipes which he allowed upon request Mr. c. a. Cha
pin, who plantation manager from 1881 1893. The
date of the permission is not given.
II. S Richard says that while employed under Mr. Chaplin
the Kohala Sugar Companys plantation, he, in 1887 he
plantations supply of being hor under directions from
Mr. Chaplin dug ditch and made short hume and took the
from Kupunaokane for plaintiffs and used it for
month; that this action strongly objected by the kalo
raising, IIalawa natives and Mr.. Chaplin stationed
the waerhead to regulate the supply that the liaawa kao
should suffer
large of the Hawaiian called by plain
tiff that they the Kupunaokane waterhead only
their lives but then they the running from
the Pohakea ditch fixing the time of the visiaions being
under the early managers of the plaintiffs plantation
1t may be said applicable many of the Hawaiian wit
called by both sides respectively that they badly
shaken by and their show efforts
be precise details that would ordinarily be
bered This induces be cautious placing much
reliance upon this testimony
One thing find be proved-tha the Kupunaokane
situated in and appurtenan the land of Iaawa and
popularity speaking 'belonged It's owners and the holders
of the kao patches within its boundaries for it conceded that
kalo patches have acquired the for
their sustenance.
by defendant sustained by other evidence
that time in the fties, named Sweet called by
Kuene steward) dug a small ditch from Kupu-
irrigae occupied by him within the land
Iaua and used the for cultivation and for domestic
purposes legal process nsgated by defendant
behalf himself and the kao patch holders of IIaaw Sweet
stopped and his ditch stopped too and the
Haawa, This story is rebutted Its legal
significance that DR. Wight asserted his right the for
in Haawa after acquiring portion of it III 1851
evidence the of the Haawl by plaintiff
permission Dr. Wight is conflicting That permits
of and granted by DR. Wight is strenuousy
serted and denied by Mr.. Baldwin and other
managers We have the conclusion that the Doctor
greatly the plaintiffs plantation he acquiesced
occasional of his by it. intending that the
plaintiff should thereby acquire a right TO it.
This supported by testimony that when the
the native holders of kao patches in Haawa
planned the Doctor that their kao suffering he pacfcd
by urging them be patient, and bye and bye they
would have the again.
The STRONGEST evidence in favor Of the perissve