The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1902-03-07

TELLING AN
OLD STORY
A Second Trial OF
Pearl harbor
Case.
tFrom wednesday, dany1

tFrom wednesdays daiiyD
The trial of The case of the Honolulu
Plantation company b. taking the
same long and weary course "a. at the
FIRST hearing though IL b. not likely
that the trial will be- ~ such dura-
t.n. There is the same ceaseless night
ing between the attorneys and the
court as characterized the FIRST trial
but the known rulings of Judge fstee
made then has shortened the argu-
ments OF counsel TO an appreciable eX-
tent.
The fight between the attorneys be-
gan the first thing yesterday morning
during She opening statements Of coun-
sci 70 the jury Mr.. Silliman objected
20 Mr. DUNES remarks as argumen-
tative and the latter objected to Judge
Sniman's address on the same
grounds. There is little IL any differ
ence I'm the evidence being offered.
The witnesses yesterday were Captain
L. q. White. +. j. Church and J. W.
Pratt. Captain Pond, who was one of
the principal witnesses at the first
trial, Is not In the Territory, and con-
sequenty can not be called as witness.
Captain White went over the same
testimony practically as that given in
the former trial by the commander OF
the Irouuois. He gave a description of
the premises at Pearl Harbor which
the Government seeks to condemn,
and went over in detail the various
features of the property His tesu-
mony was Interrupted to allow Fred
Church to identify the photographs OF
the land offered in evidence by Mr..
Dunno These photos showed the
rough nature of the soil as Well as
general location of the property, with
reference to the sea.
Tax Assessor Pratt was the next
witness. and ne identified the tax re-
turns made by the Honolulu Planta-
ton CO.. and they were then read by
the United states Attorney. Following
this the leases under which the defen-
dant holds the property We're read
There We're objections on the part OF
the defendant to the introduction Of
these papers i'm evidence but the court
overruled them, although not without
an interesting and lively tilt with Nj.
Slliman.
The matters gone over yesterday oc-
cupied over two days i'm the first trial,
and this hearing will probably be ma
teriallv shortened Mr.. Dunno, in his
statement to the jury, said that he
would prove that all this land prior TO
the commencement of the suit, last
July, was a waste and overrun with
goats, and not only unproductive, but
a source of expense to the owners. lie
said the land was not homogeneous;
IL was rocky, the soil thin, unavailable
for the cultivation of cane, and was
marshy, had no water supply, and In
fact was almost valueless. Er Sill
man replied but briefly, and said he
would not have replied at all but for
the misstatement OF the facts. lie
promised to prove by reputable wit
nesses that the land was worth even
more than the 100000 claimed for II by
the Honolulu Plantation Company;
further that it was improved, the rocks
had been cleared off, and that II was
part Of a large plantation, fully equip
ped for the production of cane, and
had a good water supply, and was IN
every way suitable for the cultivation
of cane.
Judge E,stee asked at the opening
of the case yesterday whether 1t was
the desire of the attorneys that the
Jury visit the land. Mr.. Silliman and
MT Dunno asked that the trip bs
made, but I'm the present state OF the
weather and of the roads, IL is hard
ly likely to be made for some days.