Waihona Aina

.... that hearing. I know the witnesses testified differently to what they told me in the field; he was Kaai's head man and I considered he represented the other side. I was taking statements in behalf of the Government and they understood so; As to Keauhou and Waihinalo, the witnesses as I rember [remember] said they did not know where the boundaries lay when they testified at the hearing.

Mrs. Beckley, sworn, states, I was born in Honolulu at Kawaihao. Thomas Metcalf was my father. I know Paakea & lived at Wailele adjoining Pilipili. I lived there about 1849 or 50. I rember [remember] the houses built for Small Pox hospital about 1850. They were little huts built where Marqueses house now stands; then they were moved lower down, and continued down toward Naio's Kuleana. I understood they were moved because my Grandfather made a mistake in placing them on private land. My father said that was the only land the Government [page 55] could get hold of, my father was Superintendent of Public Works. I don't remember the female prison; the land below Puahia was called Piliamoo. The land below Pilipili my father claimed as his but could not get it, so he claimed it was Government land; Paakea was understood to be the flat land below Monoki and the ponds. I never heard that Paakea and Pilipili joined. Kanewai pro0er was the spring; the Kula ran up to dry land below Puahiwa and Pilipili. I don't know how far, it was called potato land.

Cross-examined: I was about 21 years old when I left there but went back at times. I had no occasion to enquire as to exact boundaries of these lands; the potato land ran from road leading from Ono's Kuleana to Punahou pasture; there was a wall built from my father's wall to nearly up to Kaleihiapu's Kuleana. The huts began just below my father's road and strung along a small ravine to Naio's Kuleana.

W.C. Parke, sworn, states, I came to Islands on 21st July 1843. I am Marshall of Kingdom. I took office 1st July 1850. I remember the Small Pox in 1853, that year Dr. Judd, Rook and I were appointed commissioners in regard to Small Pox and we had to put up Hospitals in several places; one at Kalihi and others, and one was erected at foot of hill leading to Metcalf's place; the native name was Kapokako. There was a prison for females there when I came to the country. 1847 or 1848 the women were moved to the Fort. Dr. Judd spoke of this place which he said belonged to Government, which we could take and build Hospital on, and it was built there and paid for by Board of health; after the Small Pox was over I built it up; the others were built on land for which we had permission and on Government land. I only heard what Dr. Judd said about the place being Government land. I knew it had been used for Prison.

Cross-examined: There were no enquiries made as to title. We had to work quick. The building was there 5 or 6 months I think. There was a lot of small huts also put up. I never spoke with Kekuanaoa [page 56] about this land. It was close to Metcalf's road. The old Prison was down on the flat. Metcalf's road was there when I came. He was Marshal before I was. My recollection is that prison was only a short distance from road; the Hospital was towards Waikiki from wall and makai of wall. I know there was trouble about that wall, because it shut out Metcalf.

Kahele, sworn, states, I am nearly 50 years of age, I think. I live at Kamoiiliili, have been there since 1853. I know Paakea also Keauhou. It belonged to Haumea. I know boundaries of Paakea; the boundary on Ewa side is Waihinalo. The boundary runs mauka passing between Naio's and Kaaimoa's Kuleanas; then to a place makai of Metcalf's gate, to about the length of Court room below Metcalf's gate; then turns and goes to Kahanaumaiki pig pen; then goes makai to Kiki and Waiaka; from Metcalf's gate to peg pen the land mauka is Kanewai-lele; from Waiaka it follows edge of high land to Maulukekepa; that is as far as I know. Lima, who is dead, told me these boundaries. He was Haumea's man and lived on Keauhou, near Kahalepaka. Naio's Kuleana is in Keauhou. Kaaimoa's Kuleana is in Paakea, mauka of those Kuleanas. The land on this side is called Keauhou. Waihinalo is on both sides of old wall, most of it makai of wall.

Cross-examination. I am a farmer. I was a Policeman formerly. Lima's son was a friend of mine. I was there very often and have heard Lima say what the boundaries were. He did not tell me boundaries of mauka side of Waihinalo. One boundary was Halepaka and other side was Paakea. The boundary of Paakea starts at a large stone near Paakea-loko. Haumea had Keauhou during Kekuanaoa's lifetime. Kekuanaoa took stones from there; and they had a quarrel [page 57] but he kept on taking the stones. Haumea had his award at time of the quarrel. Haumea claimed that the land was his where the stones were taken from. I don't know much about the Award. I only heard about this quarrel at the time. It was a great event and common talk. I heard they had settled it by Haumea giving the land to Kamamalo. I was perhaps about 20 years of age at that time. I heard Haumea ame from Hawaii. I have heard he was a Chief. I don't think I remember when Land Commission sat.

The mahele Book is to be offered.

Transcript of testimony in Naio's Kuleana filed by Petitioners.

Transcript of records in regard to lands refered [sic] to filed by Government.

Record of case before boundary commissioner in case of application for settlement of lands of Keauhou and Waihinalo offered in evidence by Petitioners in rebuttal.

Both Sides Rest

Adjourned to Wednesday at 2 p.m.

Wednesday, March 12th 1884
Commissioner, Counsel and others went on Ground and viewed premises.

Friday, March 14th 1884
Arguments of counsel on both sides. [page 58]

March 18th 1884
Judgment
The first thing to be considered is, are there such lands known as Keauhou and Wahinalo. From this evidence on both sides there can be little or no doubt that such lands do exist. The question as to who holds the title to these lands or how they came by them is not for me to consider. The only question for me to decide is, where the ancient boundaries of Paakea were, and find them accordingly. It would seem beyond doubt, that Kekuanaoa and Haumea had a dispute, about the mauka portion of the land. On the East or southeast side of old wall running up to Mr. Metcalf gate. A dispute between chiefs would be an event, and would be fixed in the memories of the people there; and it would seem that Kekuanaoa did not positively claim ti as his; and eventually recognized that Haumea had some claim there; by asking him to give it to his child, Kamamalo. I do not find that he positively claimed that it belonged to Paakea, if he knew it belonged to Paakea, there was no reason for him to make this proposition to Haumea and it would not be at all reasonable to think that a man with is Authority would do so.

It would seem from the evidence tht the Kula of Kanewai runs along and below the land of Pilipili and Puahia, but the point at this end below Metcalf's gate, spoken of by some of the witnesses, is very indefinite, and on viewing the land, I do not see any natural land mark, that might be fixed upon as a corner or point, but the fact of witnesses knowing the Kula of Kanewai, which is not shown or set down in either of the [page 59] maps, would tend to show that they were acquainted with the lands about then, and run kamaainas. It would seem that the map filed by the Government was made up from data and information that might be considered more reliable than that from which Petitioners map is made up from. I think some weight should be given to the Gulick, Clark, Naio and Kaaimoa Patents, as tending to support the Government maps and claim. It certainly seems to me that the map filed by Petitioners is not correct at many points. Most certainly not correct as to piece of land above or on the Honolulu side of old stone wall running down from Metcalf's gate to the site of the old female Prison. I hardly think Kekuanaoa ever claimed that piece.

There is nothing definite in evidence as regards the boundary between Keauhou and Waihinalo, but I am not asked to fix this boundary.

The fact of the small pox hospital and the huts spoken of being moved from private land to the land where it was afterwards placed, would indicate that that place was considered to be government land; for after one mistake being made. It is reasonable to presume that full inquiry and investigation was made previous to selling on the new site for the building.

In regard to the stone at the corner of Paakea-loko spoken of as a starting point of boundary as claimed by the Government & found a number of large stones there, but most of them situated within a few feet of each other and either of them might have been considered an ancient times as a mark. My opinion is that the corner of the Pond where a large stone appears to be in its original position, might have been taken as a boundary mark; from the fact that it is right at corner of pond and would be a well marked boundary mark from the nature of rocky ledge adjoining the pond. In regard to piece of wet or marshland [page 60] adjoining the Kaialiu pond, it would seem to me from evidence and observation, that it is not part of the original pond or ponds. It seems to me that the witnesses offered by petitioners are not as reliable in many respects, as those offered for the government, some of them would bring the boundary into Punahou, and near the Ice Works, in fact taking in much more than the Petitioners claim by their map. After careful consideration of the evidence and viewing the land, and adopting the principles, set forth in Matter of Boundary of Pulehonui 4 Haw. Reports; and boundary of the Ili Kewalo & Haw. Reports 9 hold that the boundaries of Paakea are as follows:

Starting from corner of Paakea-loko at large stone near the fence; thence running a short distance to corner marked on Government map with a X; thence in a straight line mauka to King street, as per Government Map (Exhibit B), thence round Hui land Easterly following P.J. Gulick' Patent to old rock marked O on Exhibit B, thence following the line asset forth in Exhibit B between kuleanas of Naio and Kaaimoa across Mauna Pohako hill (which seems to be a natural land mark and would be taken as a boundary mark) to Metcalf's stone wall, Pilipili thence following the Petitioners map Exhibit A back to starting point. There seems to be no doubt or dispute about the boundaries from point in Pilipili round Paakea as appears in map Exhibit A. If a survey to conform to the above boundaries is filed with me and proved I will issue a certificate accordingly.
Richard F. Bickerton, Boundary Commissioner for Island of Oahu
3/18/84

[page 61]
The following Notice of Appeal was duly filed March 20th 1884

Before the boundary Commissioner, island of Oahu

Petition of Charles R. Bishop to Settle boundaries of Paakea

Notice of appeal

In the above entitled proceedings said petitioners appeal from the decision of the Boundary Commissioner to the Supreme Court in Banco.
Signed, F.M. Hatch, attorney for Petitioners
March 20th 1884

The following bill filed by Contestants is by agreement allowed to remain unpaid until final Judgment, and is sent up with the record.

Settlement of boundaries of Paakea in Waikiki.

Contestants bill of Expences
To: Attendance fee for 6 witnesses for 9 days at $1.- per day each - $54.00
Express tim [?] of Visit of Judge Bickerton and others to Paakea - $9.00
[total] $63.00.

Honolulu, March 24th 1884
Signed H. Austin Whiting, Deputy Attorney General for Contestants

Bill of Post
[page 62]
Ten Hearings @ $10 $1--; Recording 106 folio @ 25c 26.50; Pay of Police Office for Attendance at hearing and Persuing [Pursuing?] Subpoena; Advertising Notice of time & place of hearing 6.00; G.L. Wilcox Interpreter; 20.00; Certified Copy of Records on Appeal to Supreme Court 106 folios @ 25c 26.50;
[total] $190.00

the above bill of Costs has been paid

#3
The records of the Supreme Court show that the decision of the Commissioner of Boundaries was reversed, and a decree issued giving the Boundaries of Paakea according to the map and survey, as furnished by the Petitioners.
Frank S. Dodge, Commissioner of Boundaries, 1st Judicial Circuit
December 7th 1896

See Book 3, page 35

[Continued part 2]