The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1901-11-26
READY FOR A
COMPROMISE
FIRST PEARL HARBOR CASE ON
TRIAL BEFORE
ESTEE.
BISHOP ESTATE COMPROMISE
OFFER.
Would Take $50 an Acre if Water Front
Were Left-Army Coming Next Says
Kinney.

Kinney.
The opening statements in behalf of
the United States and in behalf of the
Bishop Estate in the first Pearl Harbor
suit this morning, threw new Hight on
the proceedings for the benefit of the
Jury and court. and incidentally show
ed that some long trials are ahead.
Dunno explained for the government
.what he expected to prove, and let out
the secret of a proposed compromise,
while Kinney for the Bishop Estate, de-
clared that he understood that the
present proceedings was only a first
bite by the government, and that the
army was coming next to take what
ever of value was left along the har-
bor
Dunne first read the long complaint
and the answer. He stated to the jury
that every contention of the govern
ment as to the navy departments need
of the land and the use of which it
was to be put, had been admitted to
be true and that the only contention
was between the different valuations,
of $4,000 by the government and SS72,-
200 by the defendant.
"We shall present as evidence to
show you the value of these lands three
classes of proof" said the United
States District Attorney. THE first
will be the testimony of gentlemen of
standing who are familiar with the
value of the property in the vicinity OF
this land, and will tell you what 1t is
worth.
another class of evidence will be the
sworn statements of the defendant it
self. The law requires that at certain
times of the year taxes shall be collect
ed, and owners of property are required
to file sworn statements OF the Value
of their holdings. This the Bishop Es-
tate has done and it's statements VIII
be produced here to show you the value
of the property. A sworn statement
made by the defendant to the tax as
SCISSOR last January will be produced.
I'm the third place we will show you
an offer made by the defendant TO sell
the property"
Kinney here objected on the ground
that evidence as to the offer would not
be allowed to go in, but the court al
lowed Dunno to proceed.
eve will show you an offer made py
the defendant to sell the land to the
government for $50 an acre, whereas
they are now asking 5000 an acre con-
tinued Dunno, but Kinney Jumped 10
his feet with a statement that the ofter
had not been fairly described. 1t was
not for all the land. "The offer, MADE
in September, 1899, and good for one
year" said Dunno, was for 5000 out OF
the 900 acres, leaving out the island OF
Kuahua. We will show by evidence
the value of the island.
I'VE hope to show you that the land
is fairly divided into three parts. The
Island of Kuahua is one. 1t is without
natural water and the soil is thin ana
worthless for ordinary purposes. we
will show by expert testimony that l50
acres of the rest is largely of the same
character part marshy and generaliy
useless for agricultural purposes. Inc
remaining 500 is largely rocky pelt'
with marshes, and not over SoO acres
of IL available for use. We Will snow
the depth and character of the soil ana
will show that it is raw undeVelopeu
land upon which no crop has ever peen
raised"
Kinney also made an opening state
ment, being led to do so, he stated, only
| by Dunne's remarks regarding the
| compromise offer. I'VE will SHOW that
the land condemned includes $1,000 rect
of water frontage on Pearl Harpo[,
| said Kinney. practically all the lana
available for wharf purposes there is
owned by the Bishop Estate. We VIII
show that the land agent of the Blshop
| Estate recommended asking $loO an
acre for land on which Captain Merry
asked for an option two years ago ana
| that this land did not include all the
water front, but that the trustees ae-
cided to offer it for $50 an acre.
"There will be no difficulty in secur-
ling a renewal of the offer, if we are lett
in possession of our frontage. But
when Kuahua island is added and we
are told that this is only a hrst ute
| and that the army is coming next 10
| take the balance, and we are lett WIN
out any frontage whatever, we ask the
price named in our pleadlngs'
1--WE will show that for Kuahua ISL
and. which our learned friend says is
worthless, we have an offer, which we
continue to refuse, of high rental, and
| that IT is sugar cane land of the high
est quality"
Dunno here objected because the offer
| was not evidence. Kinney quoted the
| offer Dunno proposed to prove, but
Dunno said it was different as it was an
offer by the defendant The court allow
ed Kinney to go on. IF the United
! States wants to take the land on which
| II first asked for an option, leaving us
! our water frontage, we need not waste
time over this suit" said Kinney. III
| the front is to be taken, we claimed the
5000 an acre as a fair price
| Captain u. S. G.. White, civil engineer
of the navy department. who is to have
| charge of the work at Pearl Harbor,
was the first witness called. He stated
that he had followed his profession for
% years, "a of which had been in the
naval service. He was familiar with
the land in dispute, having made seven
visits to 1t for the purpose of examln-
ing II. Dunno asked for description,
1 and Captain White went To map and
began a long description of the charac-
| ter of the land showing the amount
cleared how much was ploughed, etc
Testimony of this sort, with expert
testimony on values, promises to make