The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1912-04-05
DAVIES WOULD BUY
KUKA|AU PLANTATION
Letter From Mr.. Swanzy Causes
Stir in Scrap Between
Horner Brothers. ,'f

A letter from President #. NJ.
Swansy introduced in evidence to prove
that the firm was seeking to buy Ku-
kaiau plantation, lively, fareup be-
tween Attorneys d, l. Wilmington and
Frank E. Thompson, and testimony
showing that the plantation has been
'quarreling'' with Davies & Co. for a
decade or more, were the interesting
features of the case of Horner against
Horner, on trial yesterday before Cir
cult Judge w. j. Robinson.
Whole bundles of documentary evil
dence are going in, with lot more to
come, apparently. Albert Horner was
on the stand during the whole session
of the court. Every time he testified
to anything from memory, counsel for
Robert Horner demanded the docu.
mentary evidence if it was obtainable
with the result that number of docu.
ments remain to be produced
1t was Homer S rapid answer to a
question and somewhat contemptuous
repetition by Thompson of Whiting.
toms objection to the question, that
caused the tiff between counsel
Wilmington asked the court to instruct
| Horner as witness, that he should
| delay answering when it was evident
that there was to be an objection.
Left-Handed Compliments.
"I would also ask that the court
admonish counsel" added Wilmington
speaking in very calm and measured
tones, Gas to the improperly of re
! peating in contemptuous way remarks
made by opposing counsel. IT is neither
consistent with ,propriety as a member
of the bar, nor with the customs OF
I, polite society.
tRegarding proper conduct as 6
member of the bar, or in polite society
Mr.. Wilmington is no Judge" replied
Thompson. ave are going to try this
case as the court wants it tried, ant
when it comes to judging what is fair
We want fair judge" sf 49,.
| Wilmington made no response, ant
the case went on. After more lega
skirmishing Homer was allowed >, tx
testify to the contents of an agreement
| which he, said was made at the tim,
when Albert Homer was taken into thu
plantation business, in 1885. He sait
that the objections to Albert being in
cluded were discussed at great length
by his late father and brother, and tina
it was the latter who objected to Rob
ert being taken in. cit wasn't m.
scrap" he said.
SwanZy's Proposal.
The Swanzy tentative offer to blu,
the plantation came in late in the after
noon in the form of correspondence
After he had testified to years of guar
rels with the firm, Homer produced :
letter dated in April, 1910, from r. M
Swanzy, containing the following:
Swanzy Would Buy. s5
.Would you be willing to sell tn
Kukaiau plantation to T. II. Davies
Co.. l am supposing that in askin
this question l commit no indiseretior
: | should be sorry if L did. The plai
fact is that t. H. Davies & Co. hav
some money to invest and althoug
sugar plantation property may be
somewhat doubtful investment, as the
are in the business they will probabl
} continue in it, and take their chance,
a just rs likely as not you may be in tn
same way of thinking, and that bein
in the sugar business you propose to II
main in it. If this be the casei ther
is nothing more to be said; but if o
the other hand your inclination shout
be to sell, would like to know wha
, your fgaPe is. +" y $1,000 5'%"
Swanzy added that he had not roI
suited his fellow directors, and WI
3 simply writing a personal letter.
! Homer Would Hold.
The reply was to the effect that Ho
/ ner hadn 7 thought of selling. tsA
: though, as you have acquired Qokal
combining us within present boundarie
this would be the logical thing TO do,
. he wrote. 'as in that case two mill
s or possibly one large one, could hand
all cane grown on Kaiwihi, Kukaia
/, and Hamakua, much reducing IL
lcostly .npkeep of three mills and al.
lesseling the cost of manufactures !.
!, iAmalgaination I certainly think won
! be a practical arrangement. The aboy
= however. does not answer your Anestio
In direct reply thereto / win say thu
owing to-. the GlaudiRe mot being ab
Il to make the landing NJ Ieupahoeh,
g the msil was delayed and have hs
A but a moment in which to write 70
/. but no time to consult with my, brotht
y which would be necessary before eop
give you a definite reply. e
Incidentally I viii add that o.
plantation, mill and store together ha'
paid us eight per cent. yearly intere
J. on 1857, 900, for the last four or mo
J. years, which is very satisfactory to I
At. the same time we might enterta
an offer Of 100000, but as to this
cannot at present say.
Homer other testimony was as