The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1901-03-25

will be disposed of se4iam.
1. On the direct examination of J. F. Brown, witness for
the plaintiff the following preliminary questions asked and
answers given Q. Are you Surveyor" A. yes" O.
How long have you been surveyors? A. Il have been
neced with that work least twenty-five years. DO
understand the Hawaiian language. A. Il am not expert
reasonably familiar with it. have had ocea
sons to interpret in surveying matters understand IN
reference used in surveying Then the question
asked Wi you be kind enough look at clause five of this
will and give translation of t which objection
made and sustained The witness qualified expert
in surveying, and in ranslatng used in surveying
but the question proeunded did not call for expert
knowledge these subjects because clause five does
contain any technical terms used in surveys The question
called for expert knowledge in the translation generally of
Hawaiian English There is definite rule by which it
be acertained whether not witness has qualified
expert the that be left largely
the discretion of the trial court In this
that the trial abused discretion excluding the
dence.
Q The court refused to allow evidence first offered,
certain map tending show the location and extent of the
land "ik settled by the Commissioners of Boundaries
1878 1874 upon the petition of A. F. Judd guardian
of Irene H. and of Grant 2616 Before the close of the trial
map admitted in evidence for the purpose of showing
of Grant 2616 The if any, in thus limiting
the purposes which the map received preudi
cal for there other evidence, the showing the
and of k and that that the land the
boundaries which settled above set forth None of
these facts disputed and the court below found them
contended for by the plaintiff
g. 4 and 6. Plaintiffs witness NJ D. Monsarra, having
qualified expert surveyor and ALSO perhaps expert
in the Hawaiian language asked four questions O. 81
you clause five in the will of John H. and ask you tell
what land meant?" 2) GAS surveyor ask you deig
the piece of land which given A F. Judd by clause
five of the wll 60 II viii ask you whether the land
as described of this will the land this map
clause five of this WILL dons the Waikiki Road? ) Il
will ask you whether not the land which designated in
clause five of this will joins King street The exceptions
the refusal of the allow of these questions The
determination of what land devised by that clause involves
the construction of its language and if the different elements
of the description conflict decision what element shall
prevail and what be discarded false demonstrations This
purely of law which for the alone deter
mine 1t incompetent for the witness to his opinion
thereon and this what he would of necessity have done had
he been permitted 1t question of expert
surveying It be that the witness had been asked
expert Hawaiian the meaning of the word pa the question
would have been proper but each the questions put
sary involved expression of opinion matter of law and
for that reason Objectionable.
l. W. L. Wilcox witness for the defendant, permitted
to answer the question: CAS- expert in the Hawaiian Ian
guag want ask you what the word pa in the fifth section
of the will of John means!" There in this
ruling The preliminary examination of the witness showed
that he had acted Hawaiian interpreter the Circuit and
Supreme Courts of these Islands for about thirty years He
certainly qualified expert The question put solely
of translation from Hawaiian into English, and did not
call for opinion of law and in this respect is
easily dsngushabe from those considered the third fourth
fifth and sixth exceptions
s. This exception the decision rendered in favor of the
defendant the ground that contrary the law and the
evidence and the weight of the evidence The ninth he
decision that the word pa used by the the
enclosed lot and that the design and intent of the
that A f. Judd should take his deviee all the land within
the substantial enclosure These exceptions go the
merits of the and may be considered together.
If the meaning of the word spa of fact to be
determined any other question of fact would be- solely upon
the evidence adduced then think that the evidence though
somewhat unsatisfactory sufficient sustain the finding
that in this instance the enclosed lota the land
within the substantial enclosure One of the experts who
testified the subject word, used
nection with land fence" Cot according to the
context that used in clause five may either fenced
unfenced lot that he could whether there used
enclosed and that it does