The Hawaiian gazette., 1902-01-14
THE SEAL
IS BROKEN
JuryFixesVaIue Of
Naval Lands at
$lO5,O00.

The sealed verdict returned by the
Jury Sunday in the Pearl Harbor case,
was opened yesterday morning In Fed
eral Court at 3 o'clock. in the presence
of the Jury, attorneys and Judge Es-
tee 1t awarded to the Honolulu Plan
tation Company the sum of 100000 for
both the leasehold and the improve
ments upon the land. The improve
ments were placed at $l5.2OS. and the
lease was valued at $780, 1872.
The attorneys for both plaintiff and
defendant took exceptions to the jurys
findings, and gave notice of motion for
new trial. but it is doubtful IL both. or
even the one party push the case to an
appeal On motion Judge Estee may,
If so disposed set aside the verdict
and order a new trial. and this Will be
the first point argued.
The United States need. however. not
delay the Pearl Harbor naval station
for even one day because of the appeal
now pending in the Bishop Estate case.
Or the prospect of further action in
the claim OF the Honolulu Plantation
Company. BY simply paying into court
the amount of damages awarded by the
jury, possession of the lands can be
taken Immediately. even while the ap-
peals are pending. This authority 10
given the United States by Terrific
rial law which provided that BY paying
the amount of damages fixed by a jury
condemned land may be taken posses
sion Of Immediately, notwithstanding
any further pending actions.
The United States has still on tts
hands two small suits which have not
been settled. The John Ii Estate owns
q fee simple interest in twenty-three
acres on Ford's Island for which there
will probably be a contest. no compro-
mise having been effected. There Is
still a leasehold interest OF forty odd
acres held by the Dowsett Estate in
land near that of the Honolulu Plan
tation Company's property, but there
is some prospect Of compromise In this
matter.
The jury being called into court yes
terday morning were polled after the
reading of the verdict The sealed en-
velope was first handed to one of their
number by Marshal Hendry and iden-
titled by each in turn, then handed to
Clerk Mailing. who opened 1t and read
as follows:
United States of America, District of
Hawaii.
In the District Court of the United
States in and for the District CT
Hawaii.
The United States of America plain
tiff and petitioner.
The Honolulu Plantation Company,
corporation, ct al, defendant and re-
spondent.
We. the jury In the above entitled
action, upon the issues framed in said
action between the above named plain
tiff and petitioner, and the Honolulu
Plantation Company, a corporation, de-
PENDANT and respondent above named,
find the following verdict, to wit:
1. We find that the above named
plaintiff and petitioner Is entitled to
have all the right, title and interest Of
said defendant in and to the tracts and
parcels OF land involved herein. con-
demned for the uses and purposes set
out in the petition on file herein, and
to take hold and acquire said tracts
aud parcels of land and their appur-
knances in fee simple absolute. for the
public uses and purposes in said petit
ton set out
2. We find the value of all improve
a,ents upon the property condemned in
the above entitled action to be $l5,-
$3.50
:. We find the value of the property
condemned in the above entitled action.
to wit, the leasehOld interest OF said
defendant, said the Honolulu Planta-
tion Company. a corporation in and
to the tracts and parcels of land con-
demned herein to be $50. 1900 in Unit
ed States gold coin.
4. AZ to that part of the property
condemned herein which constitutes
only a portion of a larger tract We find
and assess the damages which will ac-
crue to the portion not sought to be
condemned by reason of Its severance
from the portion sought to be con-
demned and the construction of the
improvements in the manner proposed
by the above named PLAINTIFF and petit
TONER. to be nothing.
5. As to that part of the property
condemned herein which constitutes
only 4 portion of a larger tract we find
and assess the benefits to the portion
not sought to be condemned, by the
construction of the improvements pro-
posed by said plaintiff and petitioner.
to be nothing.
Dated Honolulu. Hawaii, January IL.
1902. GEORGE w. PAGE,
Foreman OF Said Jury
Mr.. Dunno rose Immediately and
said THE United States excerpts to
the verdict and gives notice of inten-
tiop to move for a new trial within
three days. The motion will be based
on the ground that the verdict is OPP
posed to the evidence and to the law
in the case"
Judge Silliman also excepted to the
verdict and gave notice to move for u
new trial.
After court adjourned there was con-
siderable bnnterinC among the attor-
neys, Manager Low and Captain Mer-
ry. The plantation men thought the
verdict was far below the value of the
leaschold, while Mr. Dunno character
lied the verdict as "rahidly excessive"
Judge 2stee advised the attorneys
that the motions for new trial would
have to be submitted before the end
of the term here, and departure for
Hilo on the fourth Monday Of this
month.