The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1901-11-27
LAND At
THE LOCHS
Suits of Condem.
nation Are Now
Under Way.
EVIDENCE FOR
CONSIDERATION
The Federal Jury Under Marshal
Hendry Is to Visit Pearl
Harbor.

domination suits is well under
u way. Yesterday the court heard
the opening statements of counsel anC
the evidence of the first witness for TIT
government, and then adjourned a
noon until this morning, when cour
and jury will visit the site of the con
demned Bishop Estate land in carry
alls, under the chaperonage of Marsha
Hendry.
Yesterdays proceedings were inter
esting from the fact that they practi
cally disclosed the purpose of both par
ties to the suit. There was a little
acrimonious debate between United
States Attorney Dunno and Attorney
Kinney for respondents over the state
ment made by the former, relative to
the offer of compromise made by the
Bishop Estate two years ago. The court
however allowed the statement to be
made, ruling, however, that-an offer of
compromise not accepted, could not be
referred to in evidence.
At the opening of court yesterday
morning Judge Estee heard arguments
which party was to occupy the position
of plaintiff in the case. Mr.. Dunno con-
tended that the government should &C.
cupy that position, while Mr.. Kinney
presented argument to show that the
party owning the land, and having to
make a showing of evidence, was en-
titled to the opening and closing argu-
ment. Judge Estee held that the gov
eminent was properly the plaintiff in
this action, and Mr.. Dunno consequent
ly will be allowed the opening and clos
ing.
At this Juncture one of the Jurors.
who had been keeping the court waiting
for fifteen minutes, appeared and Judge
Estee promptly imposed fine of
twenty dollars for his hardness. At
the same time he announced that in the
Pearl Harbor cases the court would not
be kept waiting. Every juror and at
torney and officer of the court must be
here when court is opened, and no de-
lay will be tolerated for any cause"
said Judge Estee. At the noon recess
Mr.. Dunno asked that the fine be re-
mitted, but the court refused to enter
tain the motion.
United States Attorney Dunno opened
the case by reading the lengthy petition
filed by the government. He said, and
the statement was acquiesced IN by
Mr.. Kinney, that all the allegations of
the petition were admitted by the re-
spondent excepting that relating to the
value Of the condemned land.
Three classes of evidence will be /
presented to the jury" said Mr.. Dunno |
First will be the testimony of land |
owners, and competent real estate ex-
perts who have examined this land, and |
who will give a description of it and |
tell you how much, in their opinion, it |
Is worth,
Another class Of evidence will be
the sworn statement Of the defendants
t. emselves, which they made to the tax ,
for taxation purposes. This
statement viii! be as late as January,
1901.
Third will be the evidence of an Of
fer made by the Bishop Estate"-Mr.
objected to this statement, or
further remarks on the subject by Mr..
Dunno, on the ground that any evidence
as to an offer of compromise was in
Judge Estee overruled the
objection holding that while evidence
as to compromise was not proper, any
offer Of defendant, showing the value OF
the land could be presented.
Mr.. Dunno, continuing: IAN offer was
made to the United States government |
to sell this land at figure far below
the amount now claimed. September 20, !
1899, an option was given by the Bishop /
Estate for one year on a portion of this !
land, at fifty dollars an acre. This is the |
same land for which the defendant now
asks 5000 an acre. excepting the portion !
known as Kuahua Island. The value OF |
that piece OF land will be shown by other
E.
THE substantial question to be consid-
cred is that of value. We will show that /
this land can be fairly divided into sew |
eral classes. First, there is the Island OF I
Kuahua, without water of its own, with /
the soil very thin, and which is altogeth- /
er worthless for general agricultural pur- !
poses. We will show that 135 acres of the /
COO required by the United States govern !
ment Is in the same condition as this (
Island. excepting that part of 1t Is /
marshy. The rest of 1t Is rocky and use
less for ordinary agricultural purposes. /
Altogether. there are not 800 acres OF |
good soil, and we will show the charac-
teristics OF the soil, its depth and the /
value OF the land. l.
I'VE will show, also, that this land IS |
raw, undeveloped, and that no crop has /
ever been raised upon it. 1t has never /
been used for agricultural purposes, and (
Its capabilities are entirely unknown. L !
want you to consider these things, and |
all the evidence of both parties, and then |
put fair and reasonable value upon the |
land"
MI Kinney stated that he made an OPP
ening at this time only because of the
reference TO the offer of compromise
The Bishop Estate viii undertake TO
prove" said he that the land condemn /
ed covers thirteen thousand feet of front
age at Pearl Harbor; slightly under three
miles. It covers practically all the avail
able land of the Bishop Estate suitable
for wharfage. When. two years ago,
Captain Merry asked for an option upon