The Hawaiian gazette., 1902-02-28
Will TAKE
THE EEL


case or fhD ulfNI states - , N" H'N'
ID Estate promises OBJ he more dimrui
even than first anticipated. out of th'
panel of twenty -Four drawn f1r yestar-
day hat haH that uumher quaIino1 Jon
service. and this number VIII dWlniI'
to considerably less when the attorneys
begin % make their objections. Judge
Estee issued special tcnire fur i've
more jurors but Do IL hardly likely that
this number VIII Doc sufficient from
which to secure a jury 90 Try the case.
AS each side ha. sIz percmptory ,haI-
lcngcs
Il is not likely That ,ha jury called in
this case viii boz compelled 90 make
visit % Pearl Harbor as was dome iu
the two previous trials. The land in
Nolvcd Ia this case ls about twenty
four acres On extent and is the Zee
title held by the John n Estate 10 the
strip Of land on Fovi's Island in which
the United states already has acquired
the leasehold interest when the pro-
ceedinrs were originally brought for
the condemnation of the Pearl Harbor
land for 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 a COM
promise was proposed by which strip
of land one hundred feet in width
around the entire southeastern portion
Of the island was TO be decided 90 the
United States upon condition the suit
to condemn the remainder 0f the prop
crty was Withdrawn. This agreement
was made and the seventeen years
leasehold interest ~ the Oahu Sugar
Co.. IN the water front one hundred
feet wide was given % the United
states for "a consideration OF one dollar
The John II Estate. however SIN holds
the fee in the narrow strip and can
take possession after the expiration of
the seventeen years' lease, and consa
quently 1T becomes 2ecessary 10 con
denim this interest Misc, before th,
navy department could make any i'm.
provements upon the land.
United States Attorney Dunno I'm.
had photographs of this land taken fOl
the inspection OF The jury, showing The
general nature and character Of The
property and unless it Is by the spe
cial request Of the defendant the jur.
will not be taken for visit of inspec
ton as were the first two juries.
JURY CALLED.
Every juryman but two answered a
the roll call Of Clerk Mailing in fedora
court yesterday and the absent tw
had sent doctors certificates of Hines
to Judge Estee as excuses. Alder
Barnes. one Of the men who Is III, wa
excused until Thursday, and If he ha
not recovered his health by that time
the leave Of absence will be extended
+. b. McStOcker of Olaa was the sec
Ond man who sent physicians Ger
tificate and Judge Estee excused hin
for the term.
OF the remaining Jurors ten offere
excuses which We're effective and n
the conclusion Of the morning session
there were but twelve men ready 90
service at the trial, and Judge Este
consequently adjourned court until thi
morning.
II. a. Parmalee was excused becaus
he was serving on the Territorial gran
jury at this term.
Both David Dayton and j. w. Smitf
the latter OF Hilo. were excused be
cause they are attorneys. Judge Este
remarked that he thought attorney
should be best qualified as juror
though perhaps it would be better
have all the legal knowledge concer
tratcd IN the court and the attorney
trying the case.
c. b. Hofgaard was excused bcCaus
he is postmaster at Waimea, Kaua
and being a United states officer, coul
not be compelled to serve.
]. VI. DOwsett and i. NJ. Marsha
both stated that they were not Amer
can citizens and We're excused wlthOt
further questioning by the court VII
ordered the clerk to tear up the nan
slips
Franklin H. Austin stated that b
wife was sick and IT was neccss airy
remove her from the city immediatel
He was excused.
$. +. Damon was excused beclu,
one Of the clerks Of Bishop q CO. wf
already serving on a Territorial jur
and he was required at the Office, or
of the members OF the firm being ava
"Wnl your absence from the OH,
tend TO stop the business asked Y
court.
1T might tend to-" replied Mr. ID
mon, but IT wouldn't stop It,"
mo, suppose not; you are cxcu
ed" returned the court.
Thos. Cummings of Maui was cxcu
'pi HnNihB very SICK chl4l AT nom
Judge Estee stated that he wanted ia
ors not residing In the city as the pc
pie OF Honolulu already knew all abO
these cases.
Fred Meyer was also excused hayl
been a witness for the defendants
the first two trials OF the Pearl Harh
cases. Mr. Kinney said he had no O
lection to having him on the jury, b
Mr.. Dunno did.
NEW CITIZEN.
John A. Hoog. a former citizen
Canada, was naturalized by Judge /
tee yesterday morning.
BANKRUPTCY RULING.
Judge Estee submitted ruling y
terday upon three points raised in
examination OF the Olaf Olmsted bar