The Hawaiian gazette., 1901-12-13
MAY GO TO
JURY TODAY
First Argument in
Pearl harbOr
Case.
(From Thursdays daily.)

The opening argument In the Pearl
Harhor case was made by United States
Attorney Dunno yesterday, closing just
before adjournment. At o'clock This
morning MIR. Kinney will open for re-
spondent and Judge Estee expects to In
struct the jury late this Afternoon.
Mr.. DUNES review of the case was
exhaustive. the entire evidence being
carefully gone over In detail, and Its
vital points dissected. He referred In
opening to the power of the United States
government and its right of eminent do
main. You are not to indulge in any
pi assumption against the government,
because 1t is the government" said Mr..
Dunno. THE object Of the United states
In desiring this property Is a beneficial
and proper one, for the defense of the
nation. In case of war this Territory
would be the first to be seized, Isolated
as Hawaii Is, the United States has de-
cided to provide forts and modern de-
lenses. and for that purpose this land Is
desired.
"The purpose of the government Is a
good one, and should have the support of
every broad minded citizen of the Terri
tory. Were this place seized. think OF
the loss to business. the stoppage or
progress and general injury to the peo-
pie, that would surely result.
"The government wants no mans land
loT HolHlHSp the bIttt tUhNel otttts
tion comes to you. Its citizens. and asks
you to set a far and reasonable value
on this land ] do not want you to place
an augmented or hysterical value on this
land, but take II broad view of the mat
ter.
And right here ! want to give a word
OF caution: 1t Is tendency frequently
noted in cases. where the United States
is a party, for jury to give any old
NJ M IN az h.n 81 on MOI ia
a party.
The Court VIII instruct you to take
ali the evidence together, and for that
matter, you need not consider opinion
evidence at all. The testimony of these
experts is not binding, and you can throw
1t all aside-that given by the United
States or respOndent-and fix the value
on your own estimate of what you saw
at Pearl Harbor.
''The government witnesses, you find,
are few, but they are Independent wit
neSsos, not managers of sugar planta-
tons or employees OF plante $, or ing
supplies to them; ne Their were tn mem
bers of the Planters Association"
Mr.. Dunno went over the evidence of
the respondents witnesses In detail,
enumeratinE them: Low, manager of the
Honolulu Ilantation, interested In the
suit as lessee; Ahrens of Oahu Planta-
ton; Crowley selling fertilizer to plan
tations: Supt Denison, IA sugar hauler;
Renton, "A plantation manager; Wagner,
employed 10y plantation; Lovokin, ex-
clerk for Bishop Estate; Dodge. land
agent for the respondents, and a bunch
of hysteriCal real estate men,"
He referred to the witnesses also as
the family party" In its visit to the
disputed site, and dwelt at length upon
the interest which each witness had in
the respondents. He told the jury In
closing that all the government wanted
was n fair and reasonable valuation upon
the property
DECREE IN TRAMwAYS CASE.
The decree and bill of costs in the case
OF the Hawaiian Tramways Co. VS.. The
Honolulu Rapid Transit Co. was filed
yesterday. The concluding pa agraphs OF
the decision are as follows:
Among other things that the said J.
j. Dunno and the said J. 4. D. Bolt as
petitioners attorneys were lawfully sub
hitting petitioners to the juri die ion OF
this court, but that the said petitioner
was before this court with unclean hands
and that for such reason its complaint
and petition should be dismissed with
costs.
Now therefore it Is ordered, ndjudged
and decided that the complaint and
petition of the Hawaiian Tramways
Company, Limited, n corporation. filed
herein against the Honolulu Rapid Tran
st and Land Company on the 9th day or
November, A. u. 1901, be dismissed.
And IT IL further ordered. adjudged
and decided that the Honolulu Rapid
Transit and Land Company have and
recover against the Hawaiian Tramways
Company. Ltd, its costs In this action.
taxed In the sum of $l02. sc, and that the
same be entered up Judgment
against the said Hawaiian Tramways
Company. Ltd. and In favor of the said
Honolulu Rapid Transit and Land Com
pany and that execution thereon Issue
accordingly
MORRIS NJ. ESTEE
Judge OF the United States District
Court, in and for the District and Ter
ritory Of Hawaii"
SUPREME COURT.
Judge Little Is reversed In a decision
filed by The Supreme Court yesterday In
the case Of the Volcano Stables and
Transportation Co. VS.. Hayashi and Y.
Hawai- Justice Galbraith was d.squal-
flied in this case, ana the opinion Is given
by the remaining two judges. This was
the case submitted by Attorney Nlclieus
just prior to his death 1t Is as follows:
In an acton on a bond It Is not the