The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1902-03-05
TELLING AN
OLD STORY
A Second Trial of
Pearl Harbor
Case.
THE JURY WILL
INSPECT SITE
Hearing of the Honolulu PIanta-
ton Co. Case This Time viii
Not Be Long.

The trial of the case of the Honolulu
Plantation Company is taking the
same long and weary course as at the
first hearing. though it is not likely
that the trial will be of such dura-
| ton. There is the same ceaseless fight
/ ing between the attorneys and the
court as characterized the first trial,
but the known rulings of Judge Estee
made then has shortened the argu-
ments of counsel to an appreciable ex-
tent.
The fight between the attorneys be-
gan the first thing yesterday morning
during the opening statements of coun-
sci to the jury. Mr.. Silliman objected
to Mr.. DUNES remarks as argumen-
tative and the latter objected to Judge
Silliman's address the same
grounds. There is little if any differ
ence in the evidence being offered.
The witnesses yesterday were Captain
L. G.. White. F. ]. Church and j. w.
| Pratt Captain Pond, who was one OF
the principal witnesses at the first
| trial. is not In the Territory, and con-
sequently can not be called as witness.
| Captain White went over the same
/ testimony practically as that given in
the former trial by the commander OF
| the IrOquOis. He gave a description OF
! the premises at Pearl Harbor which
| the Government seeks to condemn,
and went over in detail the various
features OF the property. His testi-
mony was interrupted TO allow Fred
Church 10 identify the photographs of
the land offered in evidence by Mr.
Dunno. These photos showed the
rough nature of the soil as well as
general location of the property. with
reference to the sea.
Tax Assessor Pratt was the next
witness. and he identified the tax re-
turns made by the Honolulu Planta-
ton Co. and they were then read by
the United States Attorney. Following
this the leases under which the defen-
dant holds the property were read.
There were objections on the part OF
the defendant to the introduction of
these papers in evidence but the court
overruled them, although not without
an interesting and lively tilt with Mr..
Silliman.
The matters gone over yesterday oc-
cupied over two days in the first trial,
and this hearing will probably be ma
terially shortened. Mr.. Dunno. in his
statement to the jury, said that he
would prove that all this land prior to
the commencement of the suit. last
July, was a waste and overrun with
goats. and not only unproductive. but
a source of expense to the owners. He
said the land was not homogeneous;
1t was rocky. the soil thin. unavailable
g., tn ttf. sx-ats co. nF nd &c
marshy. had no water supply. and in |
fact was almost valueless. Mr.. Sill |
man replied but briefly, and said he |
would not have replied at all but for |
the misstatement of the facts. He |
promised TO prove by reputable wit |
nesses that the land was worth even
more than the 5000 900 claimed for il by
the Honolulu Plantation Company:
further that il was improved the rocks
had been cleared off. and that it was
part OF a large plantation. fully equip
ped for the production OF cane, and
had a good water supply. and was in
every way suitable for the cultivation
# cane.
Judge Estee asked at the opening
II the case yesterday whether il was Il
the desire OF the attorneys that the
ury visit the land. Mr.. Silliman and
N1r. Dunno asked that the trip be
made. but in the present state of the
weather and OF the roads. it is hard
Y likely 10 be made for some days.