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Cl. 1176*O, [Beckley heirs], A. Fayerweather for Heirs of George Beckley, Honolulu, 27 November 1847
To the Honorable Commissioners to Quiet Land Claims, Gentlemen:
The undersigned representing the heirs of the late George Beckley begs to bring before you his claim to a lot of land as belonging to the Estate of said George Beckley of which the enclosed is a plot & description (See Native Register Volume 2, page 568)
This piece of ground was in quiet possession of the Heirs of Beckley until about the year 1842, when by some alteration made in the road upon which it is located, it was cut off from the main body of the land belonging to Beckley in that vicinity. Subsequent to this some natives took possession of the lot under the direction of Kapena and commenced walling it in. Upon learning this fact I went immediately to them and forbade their proceeding, distinctly stating to them, that the lot was not theirs, that it belonged to the Heirs of Beckley, and that they (the natives and Kapena) should never have it. I finally applied to the Governor for assistance in gaining possession of the lot but without success.
On 8th October 1845, William Beckley, one of the heirs, made a formal protest against Kapena & her people for having taken possession of the lot, declaring his intention of preferring the claim of the Heirs before whatever tribunal, the legislature might charge with the adjudication of such cases. As it is one of those cases involving the testimony of numerous witnesses. I shall be pleased to receive a citation from you at your earliest convenience, to produce these witnesses and establish the claim thus set up in behalf of the Heirs whom I represent.
Signed, &c, &c, A.H. Fayerweather
See certificate on a slip of paper copied Page 178 relating to farm lands.
No. 1176, [Beckley], A. Fayerweather, received 11 February 1847, See page 135
Ko Willima Beckley a me na Hooilina, George Beckley Kaliawa Ili no Kalihi Kona Oahu, Kailele Ili no Wailuku, Kohala Hawaii, Kealahou Ahupuaa.
S.P. Kalama, Kakanolele
Hale Alii 10 Februari 1848
No. 1176, George Beckley
Diagram of the place which William Beckley thinks should be his because of losing his place to Konokaupu Street /Cross Street?/. Beginning in this place on the east corner adjoining Honokaupu Street, the first side running:
North 44° 30' West 25 feet 9 inches to a post between the lot of Kapena then turning and running between the lots of Kapena and Kaanaana
South 41° 15' West 1 chain 43 feet 7 inches to the little road then turning
South 50° East 23 feet 9 inches to Honokaupu Street, then running along the side of this road
North 43° East 1 chain 42 feet 8 inches to the place of beginning.
Containing an area of 60 fathoms, 31 feet.
Surveyed November 17, 1847 by George Richardson
Foreign Register Page 134 /217 volume 2/.
Nos. 1176 to 1179, 82, George Beckley
[No. 1176, 744], Same claim continued, March 3
A.H. Fayerweather on the part of the heirs of G. Beckley and also Kaanaana & Kapena present.
A.H. Fayerweather produced his power of attorney, duly acknowledged and attested and also the will of George Beckley, giving his lands to his children. ....
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.... cut off from the highway.
He was then asked if a passage was to be given to Kaanaana by the heirs of Beckley, if it would not then belong by right to such heirs? He replied, "That is with them to say, and not for me. If the disputants see fit to make such a bargain, very well."
T.C.B. Rooke, sworn, My knowledge in reference to this dispute only extends to the enclosure of Kapena. She as a Kahua of my wife's and in the absence of her husband, the late Mr. Aldreole, she was in the habit of applying to me in any difficult business affairs. After the new road was laid out in 1841 or 2 her servant, Kamakenoi, came and told me that William Beckley's people had forbidden her enclosing the land in dispute. I told him to go down to the Governor and get directions what to do, and not act on their own opinion. I saw him after and he said he had - the Governor's orders in going on with the enclosure. I heard also at that time that William Beckley was to have a place to put his horses on the same side of the street: I believe the same now occupied by Sweetman. I never heard anything more about that dispute until last evening. I knew nothing of the protest made by William Beckley. This disputed land I believe was mostly the old road which was 4 or 5 fathoms broad, I think. I assisted the Governor in laying out the new street, which I think was taken out of the Premises of the heirs of William Beckley. It is my impression that the old fence of Beckley ran on the Ewa side of the new street; I cannot swear positively to the position of Beckley's Ewa fence. Part of this disputed land was once belonging to Beckley's premises, but I cannot say, how much.
No. 1176, Fayweather /Fayerweather/, Honolulu, March 3, 1848
Wahie, sworn by the Bible and stated, "I have seen Fayweather's /Fayerweather/ place. the new road runs between that property and a portion of it has been taken for the road and I think the replacement for that place is the old road which is in Kaauaana's property because that had been a road. Kaanaana and Kapena are residing at that place. Kekauluohi was the Premier at that time and I had built enclosure under William Beckle /Beckley/. I had refused to do this but they would not heed to my words. Fayweather had suggested that William Beckle and I go to the governor and he had sent word to the governor. I had gone there probably four times, but the governor told me that Kapena's husbands were being overworked because of that property he had given them."
Haole, sworn, by the Bible and said, "I have seen this place where the road lies on the front of the first printing shop of the government. That is where the street has cut thro' Beckle's /Beckley/ place, but the old road had extended further toward the sea. The old road is the replacement for Beckle's portion which had been taken for the street. Beckle had directed Fayweather thus: `If my place is taken by the government, then the old road should be a replacement for mine.' This was his demand as I had heard it. Kapena (and his group) had builtthe fence and we had protested, yet may of us have heard that property is for Beckle. It had been three or four times that Beckle had refused Kapena and had asked them to stop work on that place; however, they had not heeded."
[No. 1176 not awarded; See Award 817; See also Award 744 for Kaanaana for more testimony]