The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1902-01-14
ALL COURTS
IN SESSION
Pearl Harbor Case
Goes to Jury
Today.
(From Saturdays daily

|
Promptly at nine o'clock this morn
! ing the jury in the case OF the United
States VS.. Honolulu Plantatio co. will
be instructed by Judge Estee and retire
to fix the amount of damages to which
the defendant is entitled for the taxi
| ing of it's leasehold interest.
Yesterday was spent in argument,
| the evidence closing within few min
utes after the opening of court. Judge
Silliman announced that he had two
witnesses, Morgan and Crawley, whose
evidence he wished to take, but as they
were not present he waived that. Mr..
Dunno then announced that he had no
rebuttal to offer. The court thereupon
remarked that the case was closed and
ordered the attorneys to proceed with
their arguments.
Mr.. Dunno opened and spoke for over
an hour. He was followed by Mr.. Sill
man and Mr. Dunno then made the
| closing argument. He relied princi-
pally upon a dissection of the evidence
of the plantation managers, stating
that their values were absurd, unrea
sonable and rash. Mr. Silliman replied
that his witnesses were sugar experts
and were better acquainted with val
ues than any of the witnesses offered
by the government. He stated that
Mr.. Dunno had a right to call such wit
nesses as were qualified to speak, If he
so desired, and was not compelled to
rely upon the testimony of those who
admitted that they were not qualified to
! Judge. a good deal of good natured
pleasantly was INDUCED in by the at
torneys for both parties.
~.
jury to be reasonable, and not to cinch
the government because it was the
government. He asked that they give
the same weight to the evidence as if
| there were two private corporations in
volved. Il appeal to you gentlemen
finally" he concluded please do not
cinch the United States"
The arguments closed at 5 o'clock and
Judge Estee gave the jury the option of
! being instructed Immediately and WORK
! all night on the verdict, or else wait I'M
/ I'll morning. The jurymon favored the
I latter plan and the Court viii instruct
/ the jury at o'clock this morning. Both
plaintiff ana defendant have offered in
structions which have not been passed
upon by the Court. Mr.. Suliman. at the
/ beginning of the argument yesterday
| morning. asked that Judge Estee rule on
/ these offers, so that the attorneys might
. know upon what law to argue The
, Court announced that this would not be
done, ana when told that the practice
was prevalent in the Territorial courts,
remarked: We don't intend to override
all the courts of the country at one
time"
| The jury, when instructed this morn
ing, will be given form of verdict to
fill out. The valuation Is to be placed
upon the entire lcasehold interest, and
also upon the improvements made upon
the land by the Honolulu Plantation Co.,
| separately. One peculiar fact in connec-
ton with the trial Is the failure of either
side to put in testimony of the value of
other than the sugar land. All the evil
dence adduced by the defendant has re-
lated entirely to the 800 acres of land
which 1t is claimed is sugar land. Near
| ~ 200 acres 1t Is admitted are practical
~ worthless for the purpose for which
leased by the Honolulu Plantation Co.,
and no evidence has been placed on the
record in connection with this land No
evidence was allowed to be introduced
as to the value of the waterfront, and
the only testimony upon the land other
than the arabic tract Is the estimate of
Assessor j. X, Archer, who rated the
entire tract at s25 an acre
SUPREME COURT.
The Supreme Court was occupied all
day yesterday with arguments in the
case of c. A. Brown vs.. J. u. Spreckels
. ct al. Judge Lyle \. Diciey is sitting as
third member of the bench. because of
the disqualification of Justice Galbraith.
| j. n. Magoon and Mr.. Dillon are appear
/ ing for the plaintiff and II, \. Bigclow
Tor defendant, The two eases are being
argued together. The presentation was
not concluded at the time of adjourn
/ ment yesterday afternoon. ana the argu-
ments viii be resumed this morning.
WANT APPEAL HEARD.
\ stipulation has been filed by Socrc-
tary Cooper and Attorney General Dole
agreeing to the hearing of the appeal
rom Auditor Austin at any tlpe, wheth-
er in vacation or not. The Supreme
Court - asked to hear the matter as
soon as possible, as upon the decision
depends the disposal OF many similar
claims.
CIRCUIT COURT NOTES
Answer has been filed in the case of
hahalcpuua vs.. l.. l.. McCanIlrss maxi
ing general denial and pleading adverse
possession,
/ Louisa Kaaloa has asked permission TO
/ tNpend 500 received from the Territory
Tor condemned land for the support OF
/ minor children.
George r. Carter. trustee Of certain
/ property of James Aud, was granted
permission to mortgage the same for the
sum of 5000
Elizabeth kawaluna has been appoint-
ed guardian of Elizabeth Kealohilanl ana
Makaipo. children of Annie Makanui, de-
/ ceased y. 5. Cleghorn was appointed
guardian Of the youngest child
Application has been made for the an
poihtment OF David Dayton as admins.
razor OF the estate Of Hugh Macmillan