The Hawaiian gazette., 1902-01-10
GOING OVER
CASE AGAIN
New Jurorin Pearl
HarbOr Suit
Drawn.

AS a result of the illness of a juror.
l.. T.. Prescott. the Pearl Harbor con-
demnation suit is being practically
heard for second time. At the open
ing of court yesterday morning Juror
Prescott was not in his seat and Judge
Estee stated that his condition was
such as to prevent future attendance |
upon the case.
Judge Silliman, for the Honolulu
Plantation Company. said that he was
perfectly willing to go ahead with elev- ;
on jurors, but United States Attorney
Dunno objected, contending that the /
case was likely to be jeopardi2ed by ,
such a proceeding, and he wanted no i,
legal tangle when IL might just as
well be avoided. He stated that the !
best way would be to draw another |
juror and reid to him the evidence al !
ready gone over, and then continue the
case in its regular order He said that
ii decision of the United States SUI
preme Court had held such action to !
be legal, and upon Mr.. Silliman agree
ing to such procedure. Judge Estee or
dered that a new juror be drawn. The
following order was made in the mat
ter: zone of the jurors, l.. +. Pres
colt. being incapaCitated from further
service, by consent of both parties he
! Is discharged, and upon like consent 1t
| is ordered that the marshal draw five
/
whom substitute may be selected to
| fill the vacancy caused by the discharge
of said Prescott, and that all the pro-
ceedings hereinbefore had, be read over
to such substitute"
The jury was recalled at l o'clock,
and the first man examined, NJ. NJ.
Kohn. proved satisfactory to both par
ties, and was sworn as a juror in place
of Prescott. Three other men were
brought in by Marshal Hendry but
their services were not required. These
were John NJ. Davis, George Il. Morgan
and II. H. Austin.
the trial then continued with the
hearing of further evidence, there be-
ing several witnesses who We're anxious
to get away on an early train. G.. F.
Renton, manager of Eva plantation,
was the first witness. He fixed the
value of the leasehold interest of the
Honolulu Plantation Company at $2I5,
600. On examination he said that
he was a member of the Planters AS
|. ISOLATION, as was also the Honolulu
Plantation Company In reply to "a
! question as to what he based his esti-
mates upon. Mr.. Renton stated that he
figured on lease for thirty nine years,
upon $40 acres of sugar land which in
his opinion would produce eight and
one-half tons of sugar per acre. On
each ton he estimated a profit of SIS.
and adding to this simple interest at $
, per cent he thought the lease was
worth $3.50, 1000. The improvements he
valued at $1,000, which made up the
: balance.
Mr.. Dunno then moved to strike out
the entire testimony on the ground
J that the estimate was based upon the
theory that the land would produce SUI
gar and upon the assumption that this
sugar would bring certain profit. All
: such estimates he contendcd We're spec
ulativc and mere guess work.
The court sustained the objection In
4 so far as it related to the evidence
, showing how the figures We're derived
: but allowed the estimate of $4,000 to
: remain. NO theoretical testimony can
be received said the court. "All spec
ulative evidence as to value is void
e and the court holds that the reas ms
e given are speculative and theoretical
Y and therefore lie gal"
= Mr.. Dunno contcuded that the "sti-
= mate itself as based upon these reas ma
should also b. excluded, but Judge Es-
= tee overruled the objection.
F. Meyer, manager of Wajanae plan
tatIon, was the last witness OF the ar
D ternoon. He placed the value of the
= leasehold interest at $500 600.
n What Is the capitalization OF the
$ Waianae Sugar Company" asked
Judge Siliman in his examination.
That question will not be allowed
said the court. capitalization doe.
e not mean anything, or have anything Il
t do with values; you might just as wei
H capitalize a hackstand."
g Following the testimony of Manage
Meyer. the court ordered the reading
of testimony for the benefit of tn,
newIy-chosen juror, NJ. NJ. Kohn. Thu
remaining Jurors, court and attorney:
are all compelled to listen to this re
hash of the proceedings, and not
word is omitted in the reading. Mr.
Dunno reads the eNamina ton of hi
Witnesses. while Mr.. Silliman reads tn
cross-eNamnation. Every bit of evi
8 dence. remarks of court and. Of couE
o sci. is read, beginning with the petition
e answer. examination of jurors. and con
n tinuing TO the end, Yesterday in tn
d two hours given to the work about on
hundred pages were read. which tool
, ! in he evidenc of Captain Pond, AS
- SCISSOR Pratt, Assessor Archer and Man
u ager Low. for the plaintiff, There ar
3 400 pages altogether To be gone into
" and the reading is likely 10 occupy tn
q greater part of today, and may con
y tinuc tomorrow unless a night sessio
a is held. Court will open at o'clocI
"a this morning. when the reading wi
- be resumed. Nothing has been don
= yet as regards the visit of the hey
&c juror Ia Pearl Harbor, and he MA
have to be taken on trip of inspec
t. ton as We're the other jurors.
II