The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1902-10-27
MANOA WATER
CASE SETTLED
JUDGE ROBINSON DECIDES A
LOND- STANDING CASE-DECI-
SION IN THE METCALF CASE.

In the case of Lum All Lee ct al VS..
All Soong ct al, which was tried before
Judge Silliman and has been going
back and forth between the courts
ever since. Judge Robinson handed
down a decision making an award Of
damages in accordance with the deci-
sion of the Supreme Court. The de-
PENDANTS are found to have damaged
the plaintif in the sum of 81, 700, by in
terfering with their water rights in
Manoa valley, during the drouth of
1900. Judge Robinson in his decision
says:
1T appears further from the evil
dence that at and during the existence
and continuance of the unlawful acts
of the respondents, in the latter part
of the month of March, 1900 and for
some time prior thereto, there existed
in Manoa valley the most serious
drought that has ever occurred in that
locality. At least two witnesses, taro
planters in the immediate vicinity, tes-
titled that they lost at least one-fourth
of their entire crop of taro as a result
of the natural drought. Lum All Lee,
one of the complaintants, testified that
the forty-nine patches, the taro plant
ed in which was totally lost, damaged
and destroyed by reason of lack of wa
ter, comprised an area of about nine
acres; that the tarO in twenty of said
patches, constituting about One-half Of
the entire area comprising said forty
nine patches, was ready for pulling at
the time of its destruction; that the
taro in one-fourth of said entire area
was from eight to ten months old;
that the taro in one or two small pat
ches was from one to two months old,
and the balance, not quite half an acre,
was from six to eight months old. He
a<o testified that taro was ready for
pulling in that locality about thirteen
months from planting, although 1t re-
quired sixteen months from planting
to reach full maturity
In addition to the award of $1,70O
damages, Judge Robinson orders de-
cree restraining the defendants from
known as Paaluhi dam "every night
from p. m. to a. M, and further on
Mondays, Fridays and Saturdays,
from ~ o'clock noon to p. M" in ac-
cordance with their water rights as es-
/ tablished by the decision of the Su-
preme Court.
{ The case of Frank Godfrey, as trus-
tee for Thomas Metcalf, against Mrs.
Emma NJ Nakuina, was decided this
morning by Judge Robinson in favor OF
the plaintiff The suit was in eject
ment, involving title to Metcalfs resi-
dence in Manoa valley, and Judge Rob
inson orders Mrs. Nakuina to turn the
place over to the plaintiff, with dam
ages of 81 on account of her unlawful
occupancy.
The main contentious in the trial
were as to the Legitimacy of Thomas
Metcalf, son of Frank Metcalf. The
will of Theophilus Metcalf provided
that his son Frank should have life
estate in the property, and that II
should go to Franks sons after that.
Judge Robinson discussed the evidence
considerable length, and said
/ Il am satisfied from the evidence ad-
duced that Thomas Metcalf, plaintiff
beneficiary, is the sole surviving law
fully begotten child of Frank Metcalf
and as such sole surviving lawfully be-
gotten child, was entitled upon the
death of his father the said Franl
Metcalf, to the immediate possession OF
the lands and premises described IL
plaintiffs complaint, being at that time
the owner in fee thereof, and that the
plaintiff, as trustee for said Thoma!
Metcalf, under and by virtue of saiC
deed, dated August 30th, 1901, evel
since said last mentioned day has been
at the time of the commencement o
this action was and is now the owner
and entitled to the possession of sale
lands and premises. The presumption
of legitimacy of a child born during
the continuance of a valid marriage il
too strong to be overcome by the evi
dence adduced on behalf of the de
fendant in the case at bar"