The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1902-01-07

HAS A SAY
Government Rests
In Pearl Harbor
Case.
LAND IS PART OF
PLANTATION
Court Rules Out Evidence of I'm
asinary Ditch on the Land
in Dispute.

The United States closed it's evidence
at noon yesterday in the condemnation
suit against the Honolulu Plantation
Company for Pearl Harbor lands. and
the defense was opened Immediately
upon the converting of court in the
afternoon. The trial dragged painfully
during the day. and was taken up
largely with objections and argument
upon the admission of testimony
At the opening of court in the morn
| ing Manager Low. of the Honolulu
Plantation Company was called to the
stand by the defendant to identify the
tax returns further, for the purpose
of having them thrown out altogether.
Judge Estee refused to allow testi-
! mony for that purpose, and the evil
dence of the witness was stricken out.
| United States Attorney Dunno then
offered in evidence the lease from J.
d. Dowsett for eleven years from Sep
TENDER, 1897, TO a Chinese for a por-
ton of the land. The rental named in
the lease was s240 per year.
j. X. Archer, deputy assessor for
Eva. was recalled and explained his
testimony previously given in regard
to the value of the lease. stating that
he meant the land was worth S25 per
acre for the entire leasehold interest.
and not that amount annually.
Captain Pond was next recalled to
correct a few slight errors in the evi-
dence previously given by him.
Allan Herbert was the last witness
for the government, and he testified
,i..1
honorary position in the agricultural
department in Hawaii and was &C
quainted with the land in controversy.
He declined however. to place a value |
upon the leasehold interest, stating |
that he did not believe himself fully |
qualified to do so. The remainder of |
the morning was occupied by counsel !
in arguments over the qualifications of |
Mr.. Herbert as an expert witness.
Upon the opening of court in the af- |
ternoon, Mr.. Dunno gave notice that
the United States had closed its case.
and Mr.. Silliman called George j.
Wagner as the first witness for the de-
PENDANT.
Mr.. Wagner testified that he was an
engineer for the Honolulu Plantation
and had drawn the maps in
troduced in evidence. The court refus-
ed to admit testimony relating to an
ditch running through the
disputed ground. There was consider
able argument over this question, Mr..
Silliman contending that he had right
to prove that the tract of land con-
demned by the government was locat-
ed so as to be easily irrigated. He
contended also that the land taken by
the government was a large part of
a large plantation, and the loss conse-
quently would be heavier on that ac
count. He stated that the land was
worth to the plantation as an integral
part of it, $175000. and that the pro-
posed ditch represented $4,000 to the
Honolulu Plantation Company The
court refused to allow the testimony
% be introduced. Mr.. Wagner testified
hat water had been carried over this
Bishop Estate land from the planta-
ions water works. and through the
itch as shown on the maps. He said
hat there was water on the land the !
lay the jury visited it, which came
through this ditch from the plant of
he Honolulu flantatlOn Company ne
Qualified this testimony by stating
hat the ditch had been built upon the
and after the present suit had been
instituted. Judge Estee ruled that no
could be admitted to the
itch. it having been constructed after {
he beginning of the suit
j. A Low, manager for the Honolulu
Plantation Company, was the last wit a
ess of the afternoon, and he had not
oncluded when court adjourned. Mr.. Il
-ow testified only as to his general
uties. work and connection with the
honolulu Plantation Company. He had
OF really begun upon his testimony at
he time of adjournment