The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1901-12-13
LOW VALUE At
PEARL HARBOR
VERDICT IN THE FIRST OF THE
GOVERNMENT'S LAND
SUITS
VALUE THE LAND AT $75
PER ACRE.
Nothing Allowed for Damage to other
Lands on Account of the Taking of
Property Condemned.
United States of America,
District of Hawaii.

United States of America,
District of Hawaii.
In the District Court of the United
States in and for the District of
Hawaii
The United States of America, plain
tiff and petitioner VS.. the Estate of
Bernice Pauahi Bishop, deceased, and
Joseph o. Carter, William f. Allen,
William o. Smith, Samuel NJ. Damon
and Alfred W. Carter, trustees under
the will of BerniCe Pauahi Bishop, de-
ceased, and of the estate of said Ber-
nice Pauahi Bishop, deceased, ct al,
defendants and respondents.
I'VE, the Jury in the above entitled
action, upon the issues framed in said
action between the above named plain
tiff and petitioner and Estate of Ber-
nice Pauahi Bishop, deceased, and j.
o. Carter, w. f. Allen, w o. Smith,
5. NJ. Damon and A. w. Carter, trus-
tees under the will and of the Estate of
Bernice Pauahi Bishop, deceased, de-
fendant and respondent above named,
find the following verdict, to wit:
I'VE find that the above named plain
tiff and petitioner is entitled to have
all the right, title and interest of said
defendant in and to the tracts and par
cells of land involved herein condemn
ed for the uses and purposes set out in
the petition on file herein. and to take
hold and acquire said tracts and par
GELS of land and their appurtenances in
fee simple absolute, subject to existing
leases for the public uses and purposes
in said petition set out
I'VE find the value of all improve
ments on the property condemned in
the above entitled action to be $1,000 in
United States gold coin.
I'VE find the value of the property
condemned in the above entitled action
to be 50737.50
"As to that part of the property con-
demned herein which constitutes only
a portion of a larger tract, we find and
assess the damages which will accrue
to the portion not sought to be con-
demned by reason of its severance from
the portion sought to be condemned
and the construction of the improve
ments in the manner proposed by the
above named plaintiff and petitioner
to be nothing;
AS to that part of the property con-
demned herein which constitutes only
a portion of larger tract we find and
assess the benefits to the portion not
sought to be condemned by the con-
struction of the improvements by said
plaintiff and petitioner to be nothing.
ID. E. WHITMAN,
Foreman of said Jury
The first of the Pearl Harbor cases
came to an end this morning with the
above verdict, fixing the value of the
lands of the Bishop Estate which the
United States government wants, at
about $40 per acre and allowing nothing
for damages to other property of the
defendants, alleged to be likely to be
sustained by reason of the cutting off
of the portion wanted. The sum of
$1,000 was allowed for improvements,
the only Improvement being an arte-
sian well valued at $4,000
The jurors in the case were: ]. T..
Copeland w. T. Balding, Stanley
Stephenson, w. f. Skinner, Harry F..
Davidson. j. G. Smith, w. H. Barth, b..
d. Mitchell, w. G. Hollinsend, D. f..
Whitman, f.. +. Mossman, John Gala
han.
The case has been before the court
for over two weeks, during which time
a large number of witnesses, most of
| them experts, have been on the stand.
The values of the various portions of
the land awarded to the government by
the jury as given by witnesses have
varied from nothing to $4,000 per acre.
Yesterday afternoon Judge Estee
charged the jurors. He intimated that
the largest valuations placed were not
to be regarded very highly and charged
the jurors as to Kuahua island, which
$4,000 per acre, for residence purposes.
that the island had never been used for
such purposes and that there was tes-
timony TO the effect that ii was sur
rounded by a lagoon and its climate
was excessively hot.
The court thanked the jurors for their
regular attendance, and attention to
the case. The case is a more impor-
tant than some of us think" remarked
a ha 4 S,rt,,.
will be historic"
The Jurors were locked up over night,
and We're ready with a verdict early
this morning.
There are 6761a acres in the tract COW
cred by the verdict of the jury against
the Bishop Estate. The government in
its complaint placed the value at $50
an acre, while the owners asked for
about $500 per acre. The decision,
awarding the defendants about S75 per
acre, is regarded as a great victory for
the government. United States Attor-
ney j. j. Dunno entered the federal
grand jury room shortly after the YER
diet was returned, and the federal jur-
ors suddenly broke out in applause, by
way of cOngratulation. Dunno came
out blushlng a deep red.
The case may be taken to a higher
court. r. b. McClanahan for the de-
PENDANTS noted an exception TO the YER
diet, remarking that the owners Of the
land might decide To appeal
The case is regarded a. the most i'm
portant one that has come before the
United States court here. The decision
of the jury will be received with in
terest all over the mainland, where the
matter of fortifying Pearl Harbor and
establishing a naval station there has
been discussed for years. The verdict
came just too late to be sent to the
mainland on the steamer TampicO,
which left this morning for Seattle
THE sEARCHLIGHT.