The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1902-01-13
BOTH SIDES APPEAL
PEARL HARBOR JURY AWARDS
Sos, ,OOO
Twice as Much for Leasehold as for
a Title in Fee-A Coincidence in
Totals.

The Pearl Harbor jury this morning
i brought in a verdict to which both
sides in the case took exceptions, each
moving for a new trial, The Homo
lulu Plantation Company is awarded
$l05,O0O all told, for its interest in the
lands of the Bishop estate, for which
a former jury gave a verdict of &52,737
for the title i'm fee. The verdict is 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,
Plaintiff and Petitioner
"The Honolulu Plantation Company.
i a corporation, ct al, defendant and
respondent.
I'VE the jury in the above-entitled
action, upon the issues framed in said
faction between the abOve-named plain
tiff and petitioner, and the Honolulu
Plantation Company, a corporation, de-
fendant and respondent above-named,
find the following verdict, to wit;
q 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 VI ldllu ltlNOlNtu UtIGlllB Gull
demned for the uses and purposes set
out in the petition on file herein, and
to take hold and acquire said tracts
and parcels of land and their appur-
!. tenances in fee simple absolute, for the
!, public uses and purposes in said petit
tion set out.
"2 We find the value of all improve
ments upon the property condemned in
the above entitled action to be $l5,-
$4,000.
"3. We find the value of the prop
a. erty condemned in the above entitled
action, to wit the leasehOld interest Of
said defendant, said The Honolulu
/, Plantation Company, a corporation, in
, and to the tracts and parcels of land
/ condemned herein to be SS9 792.OO in
| United States gold coin.
a. AS to that part of the property
r. condemned herein which constitutes
I only a portion of a larger tract we find
} and assess the damages which will ac-
e crue to the portion not sought TO be
z condemned by reason Of it's 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 peti-
toner, to be nothing.
70. As to that part of the property
condemned herein which constitutes
, only a 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
r. 1902
! GEORGE w. PAGE,
Foreman Of Said Jury"
3 AS soon as the verdict had been read
l United States Attorney Dunno gave no
tice of a motion for a new trial He
stated that the government would file
d it's notice within three days, and eX-
, cepted to the verdict as contracy to
both the evidence and the law.
AS soon as Dunno was through Silli-
man arose and excepted in behalf Of
the Honolulu Plantation company Civ
ing a similar notice of a motion for a
new trial The court stated that what
ever was done In the matter would
\ have to be done this term and that the
e term would end before the beginning
of the Hilo term on January 2S.
The jurors We're out 23 hours being
locked up at $40 Saturday morning
S and returning a sealed verdict at about
b 9 yesterday morning. When court met
/. today the sealed envelope was handed
= over by Marshal Hendry, and Judge
d Estee gave it to the jurors. Each one
e looked it over and identified it, after
o which Clerk Mailing read 1t, and the
= jurors were pOlled, each asserting to
e the verdict II is stated that eleven
s of the jurors agreed on Saturday even
y ing but the other one held out. He
e hung the jury through a long night of
figuring and argument.
Just how the verdict was reached is
a mystery to those interested in the
e case After the adjournment of court
Il the attorneys, naval officers and others
= did some figuring of their own.
"This verdict is far beyond a just
sum-" remarked Dunno.
Just about fifty per cent Of what we
] ought to have got" said Hatch.
"Well, when we both asked for a new
trial, we ought to be able to get It,"
said the United States attorney Cap
n tains Merry and Pond appeared to
e think that the jury had placed a valu-
q alton a good deal too high, while Man
ager Low Of Honolulu Plantation stood
20 for a new trial.
The amount allowed for improve
ments is what the lawyers are figuring
on, and it is claimed that the jury must
have gone outside the evidence to ar
rive at the figure of $l5,2O8. In this
connection there Is a remarkable COIN
cidence which seems TO indicate a COM
promise on all the money supposed TO
be available. A statement was pub
\ lished on Saturday, under Washing
: ton date line, to the effect that after
3 the last verdict there were $105,0OO left
in the appropriation for Pearl Harbor
the statement being, however incor-
rect The jury found $89,792 for the
a land Substracting this from $lO5OOO
a leaves Sl5, POS which is the sum award
ed for improvements on the land. IL
Is claimed by Dunno that there was no
evidence whatever of any values of inn
? provements at all, 1t Is regarded as a
- most remarkable coincidence, at least
that the improvements should be valu-
ed at Just exactly enough to make, with
$50 1872, the sum of $l05, 100000, which
! though enormously, was stated in a
Washington dispatch to be the amount
left in the appropriation.
The entire tract of land Is valued at
an average of about $3.50 per acre. As
about 215 acres We're admitted to be