The Hawaiian gazette., 1902-03-14
From Wednesdays Dany1

lAlu llthlhllbu COMPANY lfAhiA' a
verdict at 1890 o'clock last evening as
ses.ing the value OF the leasehold and
Improvements at Sl02,523.
The finding of the jury Is about $500
less than that given at the first trial.
which was 100000, and which Judge
Estee set aside as excessive, ordering
reduction Of $50. 600, which being re-
fused by defendant, he allowed new
/ trial Notice of motion for a new trial
wa. given both by the plaintiff and de-
PENDANT. though Mr.. Milverton appear
ing for the latter stated that the de-
PENDANTS motion would hardly be
pressed.
The finding Of the second jury Is pc
cullar. Upon the first trial the value
of the leasehold was estimated at sS9.1s2
and of the improvements at sl5,20S
This jury places a value OF $4,000 more
upon the leasehold. or s94 900, while its
estimate OF the value of the improve
ments is but ss523. or about $1,000 less
than that of the first jury. The esti-
mate per acre upon the leasehold in
tcr-st Is approximately $l67, taking into
account the entire SCI acres, arabic and
waste, while II the arabic land alone
is considered the estimate Is S216 per
acre.
Judge Silliman opened the argument
yesterday morning, and concluded at
noon. Mr.. Dunno finished shortly after
3 o'clock, and the jury was Immediately
instructed. At o'clock no agreement
having been reached Marshal Hendry
took the jury to dinner at the Hawaii
an Hotel At $3.50 o'clock an agreement
was announced, but II was over an
hour before the attorneys could be
brought into court The jury was first
called. and the verdict then handed to
Clerk Mailing, who read as follows:
United States OF America. District Of
Hawaii.-In the District Court OF
the United States in and for the
District OF Hawaii.
The United States OF America. Plain
tiff and Petitioner, VS.. the Honolulu
Plantation Company, a Corporation
ct al, Defendant and Respondent
VERDICT.
We, the jury in the above entitled
action, upon the issues framed in sale
! action between the above named plain
tiff and petitioner, and the Honolulu
Plantation Company, corporation
defendant and respondent above nam
, co, ma tire IUiiuwfuB verdict, wit
, l. We find that the above named
. Dldi1lllH anu DttltlpItI lS tHtllituf I,
have all the right, title, interest anC
estate OF said the Honolulu Plantation
Company, n corporation, said defend
2 ant and respondent, in and to the trac
: and parcel of land involved herein. anC
{ hereinafter more particularly describ
, ed condemned for the uses and pur'
poses set out In the petition on fil'
herein. and to take hold and acquir,
said tract and parcel of land and II.
NNt . In fA krkNtNt. n a
) for the public uses and purposes in saiC
e petition set out.
| 2. We find the value OF all improve
r ments upon the property condemned
IN the above entitled action to b,
sS,523.
= 3. We find the value of the propert!
condemned in the above entitled action
: to wit. the leasehold interest OF sal,
defendant, said the Honolulu Planta
10 the tract and parcel OF land con
demned herein. and hereinafter NOR,
particularly described. to be 1874 900, IN
United States gold goin.
] 4. AS to that part OF the propert,
condemned herein which constitutes
! only a portion of the larger tract, W,
: find and assess the damages which vii
accrue TO the portion not sought to b,
condemned by reason OF its severanc,
from the portion sought TO be con
demned. and the construction OF tn,
! improvements in the manner propose
by the above named pla!ntin and petit
! TONER TO be nothing.
! 5. As to that part of the property
condemned herein which constitute,
only portion of a larger tract, W,
find and assess the benefits to the por
ton not sought to be condemned b,
the construction of the Improvement
proposed by said plaintiff and petition
| er, to be nothing.
The tract and parcel of land herein
: above in this verdict referred to is sit
4, uated as follows, to wit:
In the District of Eva, in and abou
the Harbor of Pearl Lochs, sometime
e called Pearl Harbor, in the Island o
! oahu, in the Territory and District o
! lea. and is bounded and particular,
e described as follows, to wit
Beginning at point on the mauk
= or east side of the right Of way o
Z the Oahu Land and Railway Compa
!. ny's railroad, east, magnetic, from tn
; corner OF that certain fish pond dar
. situate near the north end of Kuahu
{ Island;
% Thence east magnetic $50 feet t
9 a point;
(2l Thence south 300 80 east magnet
a 2,S0t feet to point;
i (@ Thence south Az 3ln' west mag
- netlc 1888 feet to a point;
&c 90 Thence south 60 o. west magnet
- $50 feet to a point;
J.. 90 Thence north 43' AZ l-3 ives
- magnetic 2,6S6 6 feet TO a point on tn
shore line;
>, Thence following the shore line to tn
eastward and southwark to the poir
where the railroad first meets III
III shore line, EVA or west, OF Puulo
& station; thence following the mauka {
is east side Of said right OF way of sa
n railroad with ali it tangents an
re curves to the point Of beginning tsaN
4 ing and excepting the right OF way
said railway situate ard lying betwee
4. where course 3,ub0ve noted, crosses sal
y right Of way, ard where the shore liz
" crosses said right NJ way about u
OF feet rorthward 90 course 3. which SCI
as ton of right Of way Is not included
this tracO; contairin Ing 5si.2 acres, mo