The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1902-01-07

HAS A SAY
Government Rests
In Pearl tiarbor
Case.

TIE 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-
nony 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 Chinese for por-
ton Of the land. The rental named in
the lease was $40 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 $25 per
acre for the entire leasehold interest,
and not that amount annually.
Captain Pond was next recalled to
correct few slight errors in the evil
dence previously given by him.
Allan Herbert was the last witness
for the government, and he testified
that he had at one time occupied an
honorary position In the agricultural
department in Hawaii, and was ac-
quainted with the land in controversy.
He declined, however, 10 place value
upon the leasehold interest, stating
t,,A H.. 4 4 III, l., rt,ll
qualified to do so. The remainder of
the morning was occupied by counsel
in arguments over the qualifications of
MIR. 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. Slliman called George j.
Wagner as the first witness for the de-
PENDANT.
Mr.. Wagner testified that he was an
engineer for the Honolulu Plantation
Company, and had drawn the maps in
troduced in evidence. The court refus-
ed to admit testimony relating to an
imaginary ditch running through the
disputed ground. There was consider
able argument over this question, Mr..
Silliman contendlng that he had a 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 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 1t. $l75,000, and that the pro-
posed ditch represented $4,000 to the
Honolulu Plantation Company. The
court refused to allow the testimony
TO be introduced. Mr.. Wagner testified
that water had been carried over this
Bishop Estate land from the planta-
tons water works, and through the
ditch as shown on the maps. He said
that there was water on the land the
day the jury visited it, which came
through this ditch from the plant of
the Honolulu Plantation Company. He
qualified this testimony by stating
that the ditch had been built upon the
land after the present suit had been
instituted. Judge Estee ruled that no
evidence could be admitted as to the
ditch, 1t having been constructed after
the beginning of the suit.
j. A. Low, manager for the Honolulu
Plantation Company, was the last wit
ness of the afternoon, and he had not
concluded when court adjourned. Mr..
Low testified only as to his general
duties. work and connection with the
Honolulu Plantation Company. He had
not really begun upon his testimony ut
the time OF adjournment.