The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1902-01-13
VERDICT
IS SEALED
Damages in Pearl
Harbor Case
Fixed.
JURY'S FINDINGS
REMAIN A SECRET
Agreement Reached Yesterday
DI ,,t:u Ma 10 Knoxup Iin
Agreement Reached Yesterday
But Win Not be Known Un-
til Today at Nine.

| Locked only in the hearts of twelve
men. and sealed in an envelope In
Marshal Hendrys hands is the jurys
valuation of the Honolulu Plantation
Co.'S leasehold interest in the Bishop
Estate Pearl Harbor lands, which wit
nesses said was worth from $4,000 to
s4OO, 900.
| The jury was instructed and retired
at nine o'clock Saturday morning and
Just twenty-four hours later an agree
ment was reported.
Acting in accordance with Judge Es-
tees instructions. the verdict was
sealed in an envelope, and to still fur
! Their safeguard sealing wax was melted
upon the flap and the jury's foreman
made the imprint of a key upon it, be-
fore handing it to Marshal Hendry
Sunday morning at ten o'clock. Then
the jurymen were allowed to go to
their homes to appear in court this
morning at nine o'clock. when the seal
will be broken and the verdict read in
open court.
There is considerable speculation
among the attorneys as to what esi-
mate is fixed upon the leasehold inter
est 1t is generally conceded that the
amount of damages awarded the Hon
olulu Plantation Co. will be in excess oil
that given for the fee simple of the
Bishop estate-s52, 700. The defendant
in the present case has a claim not
only for the forty years leaseho!d in
terest, for seven years of which was
! paid $4,000 Gncluding, however, four
times the acreage held by the Dowsett
estate), and also improvements which
| it is claimed cost about $4,000. \ con
servative guess at the verdict returned
by the jury is $4,000 for both lease and
| improvements.
| In his instructions, Judge Estee stated
| to the jury that they must consider only
the value of the leasehold in 561.2 acres.
He placed great stress on the term Just
compensation instructing the jury to
be fair to both sides.
I'm placing valuation upon this lease
| HOiQ interest,", SdlQ the SOuTl, you Cdil-
not consider the mere speculative or pos
sible value of sugar that might be pro-
duced on this land ten, twenty or thirty
years from now. This is too remote and
uncertain, and could form no just basis
for a valuation. So the amount of sugar
which it is claimed can be produced on
| this land is purely speculative; the
amount of the future crop would depend
on many conditions, the amount of wa
ter used, the character of the cultiva-
ton and many other elements which
must enter into the problem of a crop
which might be produced in any one or
series of years. But you may consider
what the land is best suited for and the
defendant is entitled to just compens-
alton for its leasehold interest in these
lands for any purpose for which it may
be used.
| You may, in estimating the value of
this piece of land sought by the govern
ment for public purposes, consider any
usefulness it may possess to the Homo
| lulu Plantation Company in view of its
whole property, it's needs and it's equip
ment.
And if, from the evidence, you should
find that the defendant has any i'm
provements. upon that portion of the land
covered by the leasehold interest of the
defendant, and sought to be condemned
by the United States, which were there
prior to the 9Th day of July, 1901, you
are to find the value thereof separate
and distinct from the value of the lease
hold itself in said lands.''
| Judge Estee ruled out any reference
to the mill pumping machinery or i'm
provemept on land other than that con-
deraned. The returns made by Manager
Low to the Assessor We're referred to as
admissions against interest" The Court
referred also to the expert witnesses and
said:
In brief, the jury is not bound to give
weight to testimony which is contrary to
what every person of good sense and
ordinary intelligence knows to be true
| The Court referred also TO the treaties
granting the United States water rights
at Pearl Harbor and the jury was in
structed mot TO consider or place any
value upon the water rights in front of
or bordering upon said inland waters as
belonging to the private parties now lit
| igating with the United States govern
ment, because although the treaty made
between the Kingdom OF Hawaii and the
United States of America in 1857, by
which Pearl Harbor was ceded to the
United States did not in any way affect
the private ownership il the lands 'front.'
ing on said harbor; yet those parties
have no interest other than that of eve
! ~ citizen of the Tnited Statss in the