The Hawaiian gazette., 1904-06-17
HISTORY OF
H|LO CASE
Magoon Presents
Browns Title
Chain.

the case of C. A. Brown VS.. John d.
Spreckels ct al before Judge Gear:
Jas. w. Bergstrom, Benz. F. vickers,
Frank E. Blake, Douglas Kaona, H. A.
Parmelee, ]. ]. Sullivan, Ernest b.
Frazier, Louis Marks, Robert w. At
kinson, A. r. Gurrey Jr.
]. A. Magoon, with whom Holmes g.
Stanley are associated Immediately
plaintiff. This is the fourth jury trial
the cause encounters. 1t has had in
nings in both the third and fourth judi
cial circuits. After trial before Judge
Little in the fourth, the Supreme Court
ordered a new trial. One or two mis-
trials are recorded in the history of the
case. The complaint as read to the jury
yesterday is addressed to Gardner X.
Wilder, Judge of the Third Judicial
Circuit, who served there under the
Republic and lately deceased.
Plaintiffs claim was based on two
titles, Mr. Magoon said. The property
was part of the ahupuaa of Piihonua,
containing many thousands of acres
and including the site of Hilo town.
1t was portion of that ahupuaa re-
tanned for himself by Kamehameha III.
in the great division of lands. About
d 1858 that monarch conveyed portion
of this land to lady named Mrs.
Bates, an additional description in the
deed showing that the land extended to
low water mark.
Since that date the land had con-
stantly been extended by accretion, as
beach property often grows. Mrs. Bates
conveyed her whole tract to Ben. Pit |
man, a former old resident of Hilo
who married a chiefess. Pitman sold |
the Bates land piece by piece, also the |
Kalailoa land, by metes and bounds |
He did not convey any of the land be-
low Front street, Hilo. Pitman sold |
to Thomas Spencer land "all mauka of |
Front street" Spencer sold to George
Macfarlane to the mauka side of Front
street, and Macfarlane sold to Spreck-
els down to Front street. At the
prompting of Mr. Brown, the attorney
stated that the title covered Front
street, but added that for many years
the people of Hilo held an easement on
Front street.
Mr.. Magoon maintained that the title
of all the land below Front street re-
manned in Pitman until his death, when
he left all of his estate to Mrs. Martha
Pitman. This was about his third wife
and not the chiefess before mentioned.
To other heirs he left legacies of money.
Among them We're Mrs. Mary Ailau of
Honolulu, a daughter of the chiefess,
who is a witness in the present case.
Widow Pitman sold the land in dispute
to c. A. Brown, plaintiff.
A. B. Loebenstein, surveyor was the
first witness called. He was not long
upon the stand until conflicts upon the
admissbilty of evidence began and the
witness was given long rests.
S. NJ. Ballou is associated with Kin
ney, Mechanism & Cooper and ]. L.
Kaulukou for the defendants.
MORE INDICTMENTS.
Six indictments were returned by the
grand jury before Judge De Bolt yes
terday afternoon. They We're ordered
on the secret file until the accused were
arrested. Some of the warrants were /
served later in the day. .
At the request of w. T. Rawlins, his
counsel, Stephen Mahaulu, charged
with embezzlement of Land office
moneys, was allowed to reserve his plea ,
further until Monday next.
Ed. S. Boyd, former chief of the Land
office, is expected to plead to his in
dictments for embezzlement this morn S
ing
Enoch Johnson and Jonah Kumalae,
indicted jointly for conspiracy each
moved yesterday morning for a separ-
ate trial. Each gave as ground of mo- e
ton his desire to use the other as I
witness. Judge De Bolt denied the mo- s
lions and the empaneling of a jury to
try both defendants together proceeded.
This exhausted the array at an early :,
hour when a special yenire was Issued .
for more Jurors. The case was con-
tinued until 10 o'clock this morning. |,
Three jurors are lacking, but many :,
challenges remain open. =
WIRELESS INJUNCTION CASE, j
Demurrer was argued and submitted I
In the injunction suit OF Inter Island d
Telegraph Co and Henry Waterhouse y
Trust co, vs., Llliuokalani and High '
Sheriff Brown before Judge De Bolt =
yesterday afternoon, u, l., Witbing- ;
Ion appeared for plamllns, ana Arthur
A. Wilder for defendants,
ASKS AllNoAf REDUCTION
ln The separation cass Of Jnstina A, Y
finnea ". A. " franoa Tbs respond a
1nl ~ bis attorney y \ ppnne, gives y
Apllff W motion 90 amend deeue. Ne u
represents iAai his circumstances HAYS y
ffautal considerably slnee lhe q
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