The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1902-01-09
GOING OVER
CASE AGAIN
New juror in Pearl
Harbor Suit
Drawn.
MORE ESTIMATES
ARE GIVEN
juror Prescott Discharged and En-
tire Proceedings Being Read
to New Juror.


demnation suit is being practically
ing OF court yesterday morning Juror
Prescott was not in his seat, and Judge
Estee stated that his condition was
such as to prevent future attendance
I upon the case.
| Judge Silliman, for the Honolulu
Plantation Company, said that he was
perfectly willing to go ahead with elev-
en- jurors, but United States Attorney
Dunno objected, contending that the
such a proceeding, and he wanted no
legal tangle when it might just as
we'll be avoided. He stated that the
best way would be to draw another
juror and read to him the evidence al
ready gone over, and then continue the
case in its regular order. He said that
a decision of the United States Su-
prerne Court had held such action to
be legal, and upon Mr.. Silliman agree
ing To such procedure, Judge Estee or
dered that a new juror be drawn. The
following order was made in the mat
| ter: "One of the jurors, L. F. Pres
colt. being incapacitated from further
service, by consent of both parties he
is discharged, and upon like consent it
j is ordered that the marshal draw five
men from the body of the district from
/ whom a substitute may be selected to
fill the vacancy caused by the discharge
! of said Prescott, and that all the pro-
ceedings hereinbefore had, be read over
to such substitute"
The jury was recalled at 1 o'clock.
! and the first man examined, NJ. NJ.
Kohn, proved satisfactory to both par
ties, and was sworn as a juror in place
of Prescott. Three other men were
brought in by Marshal Hendry, but
their services were not required. These
were John NJ. Davis, George E. Morgan
and II. Il. Austin.
The trial then continued with the
hearing of further evidence, there be-
ing several witnesses who were anxious
to get away on an early train. G. F.
Renton, manager of Eva plantation,
was the first witness. He fixed the
value of the leasehold interest of the
Honolulu Plantation Company at $275,-
0O0. On cross-examination he said that
he was a member of the Planters AS
sociation, as was also the Honolulu
Plantation Company. In reply to a
question as to what he based his esti-
mates upon, Mr.. Renton stated that he
figured on a lease for thirty mine years.
upon $40 acres of sugar land which in |
his opinion would produce eight and
one-half tons of sugar per acre. On |
10. &c
and adding to this simple interest at s |
per cent, he thought the lease was /
worth s250,000. The improvements he !
valued at sos, 600, which made up the |
balance
Mr.. Dunno then moved to strike out |
the entire testimony the ground |
that the estimate was based upon the |
theory that the land would produc. SUI
gar and UPON the assumption that this
sugar would bring a certain profit. All
such estimates he contended were spec
ulative and mere guess work.
The court sustained the objection in
so far as il related to the evidence
showing how the figures were derived,
but allowed the estimate of $275.G00 to
remain. No theoretical testimony can
be received" said the court. "All spec
ulative evidence as to value is void.
and the court holds that the reasons
given are speculative and theoretical.
and therefore illegal"
Mr.. Dunno contended that the esti-
mate itself based upon these reasons
should also be excluded. but Judge Es
tee overruled the objection.
F. Meyer, manager of Waianae plan
tation. was the last witness of the af-
ternoon. He placed the value Of the
easehold interest at $500, 900.
What is the capitalization of the
Waiauae Sugar Company" asked
Judge Silliman In his examination.
That question will not be allowed"
said the court. capitalization does
not mean anything. or have anything TO
10 with values; you might just as well
capitalize a hackstand.'
Following the testimony of Manager
Meyer. the court ordered the reading
Il testimony for the benefit OF the
lewly-chosen juror, NJ. NJ. Kohn- The
jurors. court and attorneys
are all compelled TO listen to this re-
hash of the proceedings, and not Il
word is omitted in the reading. Mr..
Dunno reads the examination OF his
witnesses. while Mr.. Silliman reads the
REORGANIZATION. Every bit of evil
ience. remarks of court and of coun
eel. is read. beginning with the petition.
answer. examination of jurors and con-
iuufng to the end. Yesterday in the
wo hours given TO the work about one
hundred pages We're read. which took
Il he evidence of Captain Pond, As