Mahele Documents

Claim Number: 00644
Claimant: Dany, William (Smith)
Other claimant:
Other name: W.D. Smith
Island: Oahu
District: Kona
Ahupuaa: Honolulu
Ili: Alakea St.
Statistics: 8761 characters 1597 words
No. 644, William Dany, See D. Smith, Honolulu, August 24, 1847
N.R. 313-314v2

Greetings to the Land Commissioners: I hereby petition you to act on my claim to my house lot.

This lot is in Honolulu, being just mauka of the lot of Kamikana, on the south of the lot of Dr. Wood and just makai also of the lot of Mr. Hart, and on the north of the lot of Pilipi /Phillips/.

My lot is from my makuakane. It is an old right, because my makuakane lived here a very long time.

My makuakane and my makuahine were living at this place before Liholiho sailed for England, and I lived there in my childhood.

We left that place until the time my makuakane sailed for Spain, then I and my makuahines lived at that place. I would go from my place which I would leave, and return to this lot, until the year 1846, when this place was lost.

Here is the only reason this place was lost. I /a proper name/ was my makuahine's kaikua`ana. She was very familiar with prostitutes at this place and bad things were done there.

I /proper name/ was arrested by Kaneulupo for adultery. She thought that I was the one who had spoken to Kaneulupo to fetch and arrest her, therefore I /proper name/ opposed me and gave my lot to Pulehu, her kaikua`ana, and Pulehu gave it to Kanae, thinking to curry favor with Kanae who was their landlord. Kanae gave it to Kaunohua and I, who have the right to it, am deprived.

It is for you to investigate this. This right is not for I /proper name/ but for my makuakane, William Dany, and I am his son and heir. I have many witnesses as to this.
With aloha,

F.T. 79v2
Claim No. 644, William Dany (Smith) 1 December [1847], No. 739, counter (Moehonua)

Nuuanu, sworn, I know this place. It is in Honolulu.

Kaluaikapa's yard is makai
Mainuna's (now Dr. Woods) is on Ewa side
Captain Harts is Mauka.
J. Sweetman's, Waititi side.

It is fenced and has 3 houses on it. Claimant got this place from his father, who is now at California. I am step father to claimant. Claimant's mother Ii acknowledged the land to be his at her death, and ordered me to live under him, which I have done to this time.

Levi, sworn, I know the boundaries are true which have been given, and that claimant got the land from his father, who is in California. I heard the wife spoken of, but I heard claimant's mother say she had given the land to him. Captain Daney owned the land in time of Boki of whom he bought it. I never heard of any opposed claim.

Resumed page 209

F.T. 209-210v2
Claim 644, W. Daney Smith, counter to 739, Moehonua, continued from page 79, See Cl. 739 above, February 25 [1848]

Kaluaihapa, sworn, I know this place. It belong ....

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.... m D. Smith. I had heard the father bequest the place to his wife and upon her death the place would go to her son for W.D. Smith. It was during Liholiho's residence here that William D. Smith's father had received this place from Boki. There lived that haole until he had gone away while the wives and child continued to live there to the present.

See Moehonua's objects, No. 239, page 534. See page 540

F.T. 540-541v2
No. 644, William D. Smith , see D, From pg. 401, February 25 [1848]

Kaluaikapa, sworn by the Bible and stated, "I have seen this property; it
is for William Dany and he had lived (there). William D. Smith is his (William
Dany) son and Ino is the mother who had raised him (Smith). I had heard the
mother of William say that the house lot is for W.D. Smith. Then she died.

I have not known who had written the will and in the year 1846, I had heard only
that it was said by the older sister, I, that the property had been possessed by
Pulehu. This was after the death of I and I had not seen her passing because
she had died in Waikiki. Kunihi and Kaili are the persons living on this house

Kaelemakule, sworn by the Bible and stated, "I have seen this property. This house lot is truly for W. Dany. I had lived there previously, yet under W. Dany and W. D. Smith is truly his child. W. Dany's interest had been from Liholiho. When this place was acquired, we (two) had gone to look at it. Later W. Dany built a house, erected a wooden fence, followed by a mud wall still later.

When Dany went to Kolomepia (Columbia) I had gone along with him and when I returned he had requested that I return and take care of his child and to tell I to care for W. D. Smith and he gave the property to W. D. Smith where the child's parents would live under him. I and some other people agreed to this but I did not hear I's bequest.

Kaneulupo, sworn by the Bible and stated, "I have heard I and Mahulua say that W. D. Smith is for the child of W. Dany. I have heard also I and Mahula say to me to return the child to them because that is W. Dany's request and I had the child at that time. I agreed with them and later after this I had heard from Kaelemakule on this bequest, altho' I had heard about it from my sisters and finally from I where she had demanded for the property and its management from W.D. Smith. When W.D. Smith's mother had committed adultery he became afraid lest her guilt be discovered and the property be taken away, he had informed about this and I had to apprehend her. She became provoked over this and gave the property to some other person."

See Moehonua, pg. 534 and below. [See No. 739, Moehonua]

[Award 644; R.P.; 54; Alakea St. Honolulu Kona; 1 ap.; .29 Ac.]