The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1902-01-11
I'LL COURTS
IN SESSION
Pearl Harbor Case
Goes to Jury
Today.
ARGUMENTS WERE
MADE YESTERDAY
Supreme Court Hears Brown VS..
Spreckels =: Probate Matters
Considered by Humphreys.

Proximity at nine o'clock this morn
ING ,he Jury in the case of the United
states VS.. Honolulu Plantation Co. Will
be instructed by Judge Estee and retire
to fix the amount of damages to which
the defendant is entitled for the tax
/ ing of its leasehold interest.
Yesterday was spent in argument,
the evidence closing within a 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-
paIly 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.
Mr. Dunno closed in an appeal to the
| 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 IT appeal to you gentlemen
finally" he concluded; please do not
cinch the United States"
The arguments closed at 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
til morning. The jurymen favored the
latter plan and the Court will instruct
the jury at clock this morning. Both
plaintiff and defendant have offered in
structions which have not been passed
upon by the Court. Mr.. Siliiman, 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, and when told that the practice
was prevalent in the Territorial courts.
remarked: wv, don't intend to override
all the courts of the country at one
time
| The jury, when instructed this morn
| ing, will be given a form of verdict to
fill out The valuation is to be placed
| upon the entire leasehold 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 $50 acres of land
which it is claimed Is sugar land. Near
ly 200 acres it 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. n. Archer. who rated the
entire tract at $50 an acre.
SUPREME COURT.
The Supreme Court was occupied all
day yesterday with arguments in the
case of c. =. Brown vs.. J. d. Spreclzels
ct al Judge Lyle y. Dickey is sitting as
a third member of the bench, because of
the disqualification of Justice Galbraith.
J. a. Magoon and Mr.. Dillon are appear
ing for the plaintiff and H. A Bigelow
for defendant. The two cases are being
argued together. The presentation was
not concluded at the time of adjourn
ment yesterday afternoon. and the argu-
ments will be resumed this morning.
! WANT APPEAL HEARD.
| a stipulation has been filed by secre-
tary Cooper and Attorney General Dole
agreeing to the hearing of the appeal
from Auditor Austin at any time. wheth-
er in vacation or not. The Supreme
Court is 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