The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1902-02-26

United States Has
Lease Of Ii
Land.

Ii Estate promises to be more difficult
even than first anticipated. Out of the
panel of twenty-four drawn for yester-
day but half that number qualified for
service. and this number will dwindle
to considerably less when the attorneys
begin To make their objections. Judge
! Estee issued a special venire for five
more jurors. but it is hardly likely that
this number will be sufficient from
which to secure a jury TO try the case.
as each side has six peremptory chal-
lenges.
1t is not likely that the jury called in
this case will be compelled to make a
visit to Pearl Harbor, as was done in
the two previous trials. The land in
voIved in this case is about twenty
four acres in extent, and is the fee
title held by the John Ii Estate to the
strip of land on Ford's Island in which
the United States already has acquired
the leasehold interest. When the pro-
ceedings were originally brought for
the condemnation of the Pearl Harbor
land for a naval station site nearly
one-half of Ford's Island was included
by Captain Merry. The Oahu Sugar
Co. has this portion of land planted
with sugar cane, and were very loath
TO give up their seventeen years lease
upon the valuable property. COM
promise was proposed by which a strip
of land one hundred feet in width
around the entire southeastern portion
of the island was to be decided to the
United States upon condition the suit
to condemn the remainder of the prop
erty was Withdrawn. This agreement
was made and the seventeen years
leasehoId interest of the Oahu Sugar
Co, in the water front one hundred
feet wide was given to the United
States for a consideration of one dollar.
The John Ii Estate, however, still holds
the fee in the narrow strip and can
take possession after the expiration of
the seventeen years lease, and conse-
quently it becomes necessary to con-
denim this interest also, before the
navy department could make any i'm
provements upon the land.
United States Attorney Dunno has
had photographs of this land taken for
the inspection of the jury, showing the
general nature and character of the
and unless it is by the spe- |
cial request of the defendant the jury |
will not be taken for a visit of inspec- /
ton as were the first two juries.
JURY CALLED.
Every juryman but two answered at |
the roll call of Clerk Mailing in federal |
court yesterday, and the absent two
had sent doctors certificates of illness |
to Judge Estee as excuses. Albert |
Barnes. one of the men who is i'll, was
excused until Thursday, and if he has
not recovered his health by that time,
the leave of absence will be extended.
F. B. McStocker of FOlaa was the sec
yyn q nj p
tificate and Judge Estee excused him
for the term.
OF the remaining jurors ten offered
excuses which were effective and at
the conclusion of the morning session
there were but twelve men ready for
service at the trial, and Judge Estee
adjourned court until this
II. \. Parmalee was excused because
ne was serving on the Territorial grand
Jury a this term.
Both David Dayton and j. w. Smith,
The latter of Hilo. were excused be-
,ause they are attorneys. Judge Estee
remarked that he thought attorneys
should be best qualified as jurors,
hough perhaps it would be better to
nave all the legal knowledge concen-
rated in the court and the attorneys
4
c. b. Hofgaard was excused because
le is postmaster at Waimea, Kauai,
md being a United States officer, could
lot be compelled to serve.
]. NJ. Dowsett and Z. NJ. Marshall
10Th stated that they We're not Ameri-
an citizens and We're excused without
urther questioning by the court, who
'rdered the clerk to tear up the name
lips.
Franklin II. Austin stated that his
wife was sick. and it was necessary to
emove her from the city Immediately.
lie was excused.
s. Z. Damon was excused because
ne of the clerks of Bishop & Co. was
lready serving on a Territorial jury.
nd he was required at the office. one
+ the members of the firm being away
.'Will your absence from the office
end 10 stop the business?" asked the
curt.
1T might tend to-" replied Mr.. Da-
non. but it wouldn't stop it
NO, l suppose not: you are eXcus-
d." returned the court.
Thos. Cummings of Maui was eXcus-
d. having a very sick child at home.
Judge Estee stated that he wanted jur-
rs not residing in the city as the peo-
lie of Honolulu already knew all about
hese cases.
Fred Meyer was also excused, having ;
cen a witness for the defendants in :
he first two trials of the Pearl Harbor ;
asses. Mr.. Kinney said ne had no OBJ :
ection to having him on the jury. but :
II. Dunno did >
NEW CITIZEN.
John A Hoog. a former citizen of :
anada was naturalized by Judge Es-
"a yesterday morning. ;
BANKRUPTCY RULING.
Judge Estee submitted a ruling yes
,rday upon three points raised in the :
of the Olaf Olmsted bank 2
Iptcy matter before the referee, Thos.
Ridgeway. at Hilo. The court holds :
lat the referee did not obtain juris- 2
teton over the bankruptcy until al
II December a. and that the issuance
a subpoenae was unnecessary, and
vacated by the referee 1s