Waihona Aina

.... er heirs had not set up a claim for it, I should not say any think [sic] about it. Hannah told me to make this division to meet especially her difficulty with Isaiah Lewis; & not for the sake of setting of the shares of the others.

G.P. Judd, sworn, I remember about the place now in dispute before the new street was made. I understood this place belonged to Old Holmes Estate, of which, Hannah, George, & Mills, all enclosed [a] portion. Hannah told me she was very anxious to have the land properly divided. In regard to Isaiah, it was settled when Fort Street was made Kinau gave Hannah the old road and the place where R.G. Davis' store stands, as compensation. Hannah told me that her father empowered her to divide & arrange with the other children. Fort Street was opened during the lifetime of Mr. Mills, after Polly's death. Hannah told me that Polly left the property in charge of her, and William Mills, her son, to my charge. I think Pitman's store stood between Mills' house & the old road & that Pitman leased the place from Hannah, even before Polly's death. I never heard that Hannah & Polly quarreled about this or any other lot. There was a fence between Polly's & Hannah's, built probably by Mr. Jones, but I do not think intended to mark distinctly the boundary between the parties; or that it settled that matter at all. I knew Kino, he was an old servant of Holmes; had lived with their family a long time. I do not think Kino had any right to the land himself.

(By Gulick) I suppose Kino was a kahu of all Holmes' children, but Hannah was the head of them.

M. Kekuanaoa, sworn, I recollect the old Holmes estate, and the bounds of Polly's land and the old road. Her fence did not come out as far as the old road. Kino lived on the land adjoining the old road under Hannah. The old road ran between the cooperage & R.G. Davis' store. When Fort Street was made Hannah got the old road as compensation for her loss by the new Street. When Polly was dying, Kinau & myself heard her will; viz. that Hannah should take charge of her property for her children. Kino lived under Hannah. I never heard that Kino's house site belonged to Polly. I recollect there was a stick fence at one time between Kino's & Mill's land. I always understood Kino lived under Hannah; some wells & a horse shed were lost by Hannah by the new street and she got the old road & R.G. Davis' place to make up her loss.

T.C.B. Rooke, sworn, knows the place in dispute, the cooperage, to my best knowledge, never was included in Polly Holmes' enclosure. I always understood it belonged to Hannah who got it from Kinau for loss sustained by her in opening Fort Street. I do not think Polly Holmes ever owned any land on Waititi side of Fort Street. Pai lived where the street is now, outside of Polly's land.

Waha, sworn (for Polly Holmes heirs), Kino lived on the place now in dispute when Polly was alive. He lived before in Hannah's yard, when he lived on the land in dispute he lived under Polly. The old road was the boundary of Polly's land on Waititi side. Kino & Hannah had a falling out & she drove Kino away & she gave [?] Polly gave him a place to live in on her land. Kino's house stood where Fort Street now runs, and was destroyed by opening the new street.

Polly went to arrange with Pierce when Kino & he had trouble about the fence. I lived with Polly at that time. After Polly's death Mr. Mills had charge of the place & after that, Hannah. I understood that Polly left her property in charge of Mills for her children, but in case he did anything wrong, then Hannah was to take charge. The land did not belong to Kino.

Fort Street when it was made, cut through Polly's land & destroyed two houses which houses belonged to Kino & Pai.

(By W. Davis) There was a stick fence between the cooperage & Polly's. After the place was leased to Pitman, a fence was made on the Ewa side of it. Pitman leased the place originally from Polly, but after she died, from Hannah. The cooperage was not divided from the rest, when Kino went there first. I think Polly ordered the fence to be put up. There was a fence there before Pitman arrived here, who had his store at first in Pai's house, which was one destroyed by the new street. The slaughter house stood in Polly's land, close to the old road, about where Brewer & Co's gate is now. Polly went to drive Pitman out of Pai's house; & after that he paid rent to her & her husband & after she died he paid it to Mr. Mills. I am 32 years old.

Kaapuiki, sworn, I knew Kino when he lived with Hannah Holmes. I was at the making of the new street. Kino's house was destroyed by the new road. I heard that the house where the cooperage now is, was a canoe house of Kino's. It was a grass house. There was a fence between Hannah's & Polly's lots running southeast and northwest. Kino lived at that time in Polly's land under her.

(By Mr. Davis) I understood from Hannah herself, that the canoe house belonged to Kino. I heard so from all the people. I cannot say whether there was a stick division fence there or not.

Continued October 14th

Isaiah Lewis, sworn, says he is not now personally interested in this claim, having sold all my interest to J.G. Lewis.

I have heard that Kino lived with Hannah Holmes when I was a child & went farther mauka on account of a quarrel. He built a grass house for himself on what appeared then waste land. Kino's mother-in-law, Hao, who lived with Polly, invited Kino to come up & occupy this vacant place. Pai lived with Kino, but had no land of his own there. After Polly married Mills, he (Mills) went to Boki, and got permission to enclose the land occupied by Kino and others within his land. Kino had a stick fence around a [sic] his house, but Mill's fence went outside of all & took them all in. The old road was the boundary of Mill's & Polly's land on Waititi side. Mill's slaughter house stood on the place where Captain Snow's large gate is now on Fort Street, just mauka of Hannah Holmes' boundary. The place now occupied by the cooper's shop was then occupied by Kino's canoe house or Haalau.

When Pitman arrived here, he lived in Pai's grass house & Pai lived under Kino. After Pitman lived there about a year Polly & Mills were going to put him out of the house because they were afraid he would claim, but they arranged it, allowing him to live there 2 years, giving him all the cooper's shop site that is now.

Pitman agreed to build what is now the cooper's shop & make other improvements on the place, as rent for 2 years. Kino lived in what is now Fort Street. His house was destroyed by the new street.

Polly died before Pitman's first lease expired; and when the time was up, George Holmes & Hannah got the paper from Mills, because he did not behave well and they made a fresh lease with Pitman. At that time Hannah built Davis' store. She got the lot from Kinau for it, and then made a fence round the whole. Pitman leased the whole. Brewer got a passage through Polly's land from Kinau where his Gate on Fort Street now is. Hannah got the old road from Kinau because of her losses from the new street. I think the lane at the back of Pitman's store might have been about 4 fathoms wide. I saw the first lease by Polly to Pitman and that also from Hannah to Pitman. Polly lost the same breadth of land by the street as Hannah, but not the same length.

(By R. G. Davis) I always heard that Kino from the first lived under Polly. I cannot say for certain that the place occupied by Kino belonged to Polly before Mills enclosed it by Boki's permission. Kino's stick fence stood after that. I think Mills went to live with Boki in 1822 and soon after married Polly. I told John Ii when he was dividing the land, that we had a right to land on the Waititi side of Fort Street & I told the Governor so also. J.G. Lewis paid me some time ago for my rights in this estate. J.G. Lewis and my self talked about the land on the Waititi side of the street, but we were not at all confident of its being awarded to the heirs of Polly.

[Award 4032; R.P. 3598; Fort St. Honolulu Kona; 2 ap.; .21 Ac.; See also Award 254 for documents; R.P. awardee is C. Brewer]