Evening bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1895-1912, 1902-01-11

ties have no interest, other than that
oil every citizen of the United States,
| in the sloughs and waters of Pearl
! Harbor: Tor these inland waters are
now and since 1881 have been the
property of the United States.
Divergence Of Witnesses.
As | have said, the object of this
trial is to lind out what was the mar.
ket value OF the Ieasenold interest OIL
the Honolulu Plantation Company in
the 5Bl.2 acres OIL Iand sought to be
condemned by the United States Gov.
eminent, on the 9TH day oil Juiy, 1901.
It Is usual Tor juries 10 Try and recon.
Gle cOninCting testimony II Il Is pos.
sIDle to 40 so. Inc divergence among
the Witnesses in TINS case Is great. but
IN reaching your verdict, you are to
consider All phases OF the case, and
all the testimony. You are to assume
that all witnesses are honest until the
contrary appears. But at all events
you are to be the sole Judge OF the
weight and character OF the testl.
mony. To do this you must analyze
the testimony and from such analysis
make your verdict. II VIII be your
duty to attempt as far as possible to
reconcile conflicting testimony on this
question of value and in attempting
to reconcile this conflict. you should
consider carefully the theories pre-.
scented by each witness and upon
which he bases his opinion. Observe
II the witnesses have unduly exagger.
ated or diminished the value of the
leasehold interest in thl land in ar.
irving at their estimates and note IL
the theories upon which the witnesses
on either side have proceeded arc
sound or unsound. In doing this you
may be able to reconcile conflicting
statements and be able to arrive at a
Just estimate of the value of the land
One thing you should bear in mind
the market value of this interest In
this land on July 9Th, 1901, must be
shown by the usual and common
means adopted for such purpose, and
no mere speculative valuations are tC
be considered by you. What may pos
sibly occur is too remote for you t.
consider in fixing values.
Gentlemen. the defendant in this
case is represented by its manager
James A. Low, VINO is the only respon
sible party appearing for defendant al
!
Der Sth, 1901, he made oath to defend
ants answer swearing to an amount
OF damage which defendant would suf
Ter by the condemnation OF this lease
hold estate; while at the trial, ana
without giving any reasons therefor
he testified to a lump sum of $500, 0Ol
more damage than that which was de
manded in the answer. II appears III
this case that every witness produced
in court by the defendant to prove
value, testified to damages OF great
er value than the defendant demanded
in its answer. You may consider
these facts in Weighing the testimony
of the weight of which. as | have tried
to impress upon you, you are to be tho
sole judges.
Gentlemen Of the Jury, in arriving
at verdict II must be by the unani
nous consent OF all your members.
Under the pleadings in this case
there is but one issue involved-the
amount of the lust" compensation
to be awarded to the defendant for
the taking of his property. You must
therefore find for the plaintiff, a YER
dict condemning the leasehold interest
OF the defendant. the Honolulu Plan
tation Company. in and to the $751;
acres Of land desired by the Govern
ment: and you must find a verdict in
favor of the defendant for the amount
OF compensation due II therefor.
ES1EE, Judge
January II. 1902.