The Hawaiian gazette., 1901-12-17
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ter, W. +. Allen. w. O. Smith S. NJ. Da-
mon and A. w Carter. trustees under
the will and of the Estate of Bernice
Pauahi Bishop, deceased, defendant and
respondent above named, find the follow
ing verdict, to wit:
I'VE find that the above named plain
tiff and petitioner is entitled to have al
the right, title and interest of said de-
PENDANT in and to the tracts and parcels
of land involved herein condemned for
the uses and purposes set out in the pc
ttion on file herein, and to take, hold
and acquire said tracts and parcels of
land and their appurtenances in fee sim
pie absolute, subject to existing leases.
for the public uses and purposes IN said
petition set out;
I'VE find the value of all Improvements
on the property condemned in the above
entitled action to be $1,000 in United
States gold coin.
1--WE find the value of the property corr
demned in the above entitled action TO be
So, 1870
"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 viii accrue
to the portion not sought to lie conCemn-
ed by reason of its severance from the
portion sought to be condemned, and the
construction of the improvements 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
n portion of IA larger tract, we find and
assess the benefits to the portion not
sought to he condemned by the con-
struction of the improvements by said
plaintiff and petitioner u be nothing.
I'D. Il. WHITMAN
Foreman of sa'd Jury"
Mr.. McClauahan took formal excep-
tons to the verdict, and the jury was
then heartily thanked for their faithful
and laborious attendance ON the case
W. T. Baldug, a Hilo juror, was eAcus-
ed for the term as was also W. c. Hul-
linehcads, who stated that he has bust
ness on the other Islands. j. T. Cope
| land stated that his duties We're such
that he could not serve, and he Was also
excused. The Court RENTED the fine of
1881 imposed on f. q. Smith Tor tardi-
ness early in the term.
DISMIsSALs or OTHER CASES,
! At 10 o'clock stipulations were fled DIS
missing the case as against the oahu
Railway and Land Company, and oahu
Sugar Company, and the John II Estate,
Mr.. Hatch, representing the defendants,
agreeing 10 the OlhtI 81 me court.
| \ lengthy affidavit was filed by Unit
ed States Attorney Dunno, setting out in
detail the correspondence which led up
I to the compromise, The answer of the
railway company set up claim OF SS5,-
600 for the property condemned. and the
/ terms of the settlement are given in the
resolution passed July Is 1901 which Wa
as follows:
| Resolved, that conveyance he made
! by this company to the United States foI
the consideration OF one dollar SD fol-
all of that tract Of land belonging to thi.
company covered by the location made by
the United States for naval aud otnel
purposes At Halawa in the district OF
Eva, Island of oahu: reserving how
ever. a right OF way for the tracks an,
trains of this company across sad lanC
as such tracks are now laid and ais,
the right to double said track across sal,
land. until such time as the Unite,
States may provide AT it's own cost
new right of way forty feet in width 70
this company, and shall grade the SAM
and lay new track or tracks across tn
ends of the companys track cut of b.
said location. and shall furnish all ma
terial required for such work and shall