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No. 4032, [Polly Holmes], R.G. Davis
[continued from 4031 Robert Davies claim]
4032. The following the claim of my brother, William H. Davies (whose duly empowered attorney I am) to that portion of land in Honolulu, on Fort Street, upon which my store and a cooper's shop now stand. The metes & bounds are marked by an adobie wall now standing, and it is my intention to have it surveyed. This piece is also a part of the old Holmes Estate & was willed to my brother by my late mother.
No. 4032, [Polly Holmes], R.G. Davis, Apana 1, 1852; 254, 4032, 6201, J.S. Lewis & others
John Ii, sworn, I know the bounds of the lot of Polly Holmes. It is bounded:
Mauka by the lot of Mary Ii & S. Reynolds
Waititi by Captain Snows' premises
Makai by the Globe Hotel Premises, belonging to heirs of Hanah Holmes & Premises of George Holmes & other Holmes children
Ewa by Premises of Samuel Thompson & property of John Neddles.
In Kamehameha 2 time it was enclosed by a stick fence, perhaps in 1832. I did not hear that Hannah Holmes had any property in this lot then, but there were others living on it under Polly as I understood. After Polly's death, there arose a dispute between Hannah & the children of Polly about the property. The cooperage premises were once leased or a part of them to Pitman, as I heard by Pai, who was a sailor. His name was Sam Pai. It was a piece of Polly's yard formerly. I know of the arrangement made by Hannah & heirs of Polly, after Polly's death (Mr. Gulick then offered in evidence a settlement in writing made by Hannah Holmes alias Hannah Jones with Mr. Ii acting for Polly's children, by which it appears the portions of the several children of Polly Holmes were set apart - See documents marked A1).
Ii continued: At that time in 1843, it was settled that J.G. Lewis should have a part adjoining Hannah's lot, which he occupied as a store & the place occupied by Hackfield was given to Isaiah Lewis & William Mills, another child of Polly's - and the Heap and Greenwell Premises were set aside as the portion of Thomas Crocker, but the house thereon was Upai's. The portion of Polly's lot on this side of Fort St. now occupied by Burdick & Robert Davis, was not settled at that time, as Hannah insisted on it, that this part belonged to her - her claim to it I had not heard of before.
My own opinion was that the portion of this side did belong to Polly at this time and I did not yield it to Hannah. I know when the lot was cut in two by Fort St. it was about 1838, after Polly's death.
Napukane & Upai had houses in the roadthat were destroyed. They erected the house standing on the present ground or lot occupied by Heap & Greenwell. I did not consider the settlement I made as excluding Polly's children from inheriting any property other than that set aside to them, in case it should be proved to belong to them.
Old Mr. Holmes lived makai of the Premises in dispute in the old Holmes House. I heard that Polly & her family quarreled Y that Polly left Y took her lot, then unoccupied &enclosed it. I do not know who built the fence. Kino, an old man lived inside of it.
Polly stick fence, I think included the premises now occupied by R.G. Davis as a store & by J. Burdick, as a cooperage on Waititi side of Fort St.
I was the representative of the Polly Holmes' children in the settlement made in 1843. Hannah Jones did not at that time claim the Heap & Greenwell Premises. I did not know if Pitman leasing the Premises of Hannah Holmes. I heard Sam Pai leased to him. Pai owned the house then. Kino lived on the land under Polly, as I understood.
John Neddles, sworn, I knew Polly Holmes for the day of her birth to her death. I was acquainted with the boundaries of the old Holmes Estate, as claimed by Oliver Holmes.
Polly Holmes' lot was bounded:
Mauka by S. Reynolds & Mary Ii's lot
Waititi by the old road
Makai by Hannah, George, Mary & Jenny's lots (Hannah's part is the Globe Hotel Premises)
Ewa side by S. Thompson's lot.
Polly's part was included in the old Holmes enclosure. It was a stick fence formerly & after an adobie, bounded:
Makai side by present King Street
Waititi side by the old road
I do not know how Polly came by her part of this lot, but I think it was a division from her father. It was divided among the children. Polly had undivided & undisputed possession of these premises, called hers, & I never knew of any other claim to them. I lived I the same lot & I had a slaughter house there, which stood nearly where the Barber's shop now stands (Augustus). I think the premises occupied by R.G. Davis on the corner of Hotel & Fort Sts was not in the Polly Holmes' Premises, but am not certain to swear to either way. Polly went to the old road, I am clear. Burdick's cooperage was in the yard belonging to Mills, the husband of Polly. His native name was Palu. Polly's fence was first stick & after adobie. The Heap & Greenwell Premises were in Polly's lot.
Hannah Hooper, sworn, I knew Polly Holmes from her youth & the lot of her father. I knew on which the children lived - all of them. Hannah married & then her place was set off. Afterwards went to live with Captain Lewis & her part was set off on the mauka side of Hannah's lot and the old Holmes House. This lot was a round lot on one side, fenced with stick & was set off on account of some difficulty in the family. I think where Burdick's cooperage is, was in part, the old road. The makai boundary of Polly was straight.
Levi, sworn, I knew Polly from her birth to her death. I lived with her & knew the bounds of her lot.
It was bounded:
Waititi by the old road &
Makai by Hannah's lot & the old Holmes House yard.
The Heap & Greenwell's Premises were inside of Polly's enclosure. The Burdick cooperage & R.G. Davis store lot were not in Polly's lot, I think, but am not certain. I have forgotten where the old road ran exactly. Polly's lot was set apart as hers ponoi & she enclosed it. It was considered hers only & the other children had their share. Kino lived formerly with Hannah, but she drove him off & he then came & lived in Polly's enclosure under her. I lived with Kino's Pai. I am sure Kino lived under Polly. Kino's & Sam Pai's houses stood in the present street, I think, right in front of Hackfield store.
George Holmes, sworn for R.G. Davis, I am second child of Oliver Holmes. I know the Polly Holmes lot as I understood it to be given by my father, to include all the property belonging to the Holmes Estate on the Ewa side of Fort St., now occupied by Hackfield & Heap & Greenwell - all above the Globe Hotel Premises up to Stephen Reynolds & Mary Ii's lots. The Burdick cooperage premises & R.G. Davis' store lot were not in Polly's enclosure. I am not quite sure[if] the Heap & Greenwell's lot was inside Polly's enclosure, but I think it was. All between Burdick & Hotel Street was given to Hannah Holmes by Kinau. I was present at the death of Polly. I did not then or at any time hear her give Hannah the Heap & Greenwell Premises. I heard her tell Hannah to take care of her lot for her children because she was afraid Mills, her last husband, would sell it.
Hannah Holmes rented the Heap & Greenwell store, but in what capacity I do not know. Cross examined. The old road ran between Burdick's lot & Captain Snows or Brewers & Co's lot. I think Burdick was not in Polly's lot. I am sure R.G. Davis lot (store) was not within it. Hannah received this from Kinau & it is a new thing.
Thomas Cummins, sworn for R.G. Davis, I was a clerk for H & Pierce & Co. while they occupied the Brewer & Co. premises. In 1840 Pitman & Pai occupied the Burdick cooperage lot & it was divided on the makai side from Polly's lot by a stick fence, the old road ran between Burdick's & Brewer & Co's lot & when the Davis store lot was a common & I always understood Kinau gave this piece of common to Hannah. I am not certain whether the Burdick lot belonged to Polly or not, but I understood it was in the care of Kino, for Hannah. Pitman got the lot as I heard through the good offices of Sam Pai, who came from U.S. The Butcher's shop that Neddles occupied was in Polly's lot, & just below Augustus Barber's shop now standing. Polly's fence was stick. I do not remember whether it stood before I went to the U.S.
Stephen Reynolds, sworn for Davis &c., It is impossible for any one to describe the boundaries of lots as they were in former times. I have lived in Honolulu 29 years. The Polly Holmes lot - as stated by Mr. Ii & others, was partly a circle, bounded mauka by a stick fence separating it from what was then called "Squeeze gut alley" coming out into the larger square. On the Waititi side, the line ran in a round direction. R.G. Davis's store lot I am sure was not in the Polly Holmes lot. The Burdick cooperage was not in her original fence, nor was the Heap & Greenwell Premises. But when Mr. Mills, Polly's husband, moved her fence mauka, he included the two last named premises. This was in about 1831. Mills was a kind of public manor general agent for government & he said he moved the fence by the Governor's consent. The house on the Heap & Greenwell lot, as I understood, was commenced by Kino & Hannah & Pai helped him to finish it. Hannah had the care & leasing of that lot. Polly died in 1838.
Hannah leased it in March 1841 to Marshall & Johnson (see lease marked A2 offered in evidence) Mr. Bates then introduced a lease of the Burdick cooperage lot from Hannah Holmes to Benjamin Pitman dated July 1, 1839 (A3), also a lease from Hannah to Brewer dated November 7, 1842 (markedA4).
Hannah Holmes said to me just before she died "That property (speaking of Polly's) is not mine. It is not Williams, but I took care of it for the children & so he must take care of it for the children. Isaiah has had his part & John has had his part, but William Mills & Thomas Crocker have not had their part & when they come, it must be given to them. They were both then abroad. W. Mills has since returned (about 6 months ago) and soon died.
Mr. Bates introduced a deed from John G. Lewis to Hannah, releasing & quit claiming all his right, title, & interest in the Holmes estate (marked A5).
Isaiah Lewis introduced a deed from Isaiah Lewis to John G. Lewis, (marked A6) April 6th, continuation of testimony.
Honokaupu, sworn, Kino was formerly Hanna's nurse & lived under her in her lot (present Globe premises Hotel). After the Kauai war (1825) Hannah's houses were burned down and a quarrel arose between Hannah & Kino & she drove him off & he went & lives here Fort St. now is, about opposite Heap & Greenwell store. His house was destroyed when Fort St. was cut through & Kinau gave him the place now occupied as Burdick's cooperage. R.G. Davis store premises was then an unenclosed common. The Heap & Greenwell's premises were in Polly's enclosure; the land was hers, but the house built on it was Upai's. Hannah has always had the charge of the cooperage premises but I do not know whether she owned the land or not. The Burdick premises were inside of Polly's fence. Kino was Uncle of Hannah & Polly & after Hannah drove him off, he lived under Polly. Polly's fence ran to the old road. She made William Mills her only heir, but after her death it was divided among all her children by John Ii, by command of Kinau.
I am sure the Heap & Greenwell premises were in Polly's yard. Her original fence enclosed it; her fence was afterwards extended across the road, and included the Burdick's premises. The land right back of the lot of John G. Lewis sold to Hannah was William Mill's part. The fence of Polly was extended before the death of Kinau (in 1831 perhaps). Witness then made a chart showing Polly's lot & surrounding ground as follows:
T.C.B. Rooke, sworn, I was requested by the Governor to assisting in laying out Fort Street. It ran through my premises. The original fence of Polly did not enclose R.G. Davis's store lot. Burdick's cooperage or the Heap & Greenwell premises, but Mills afterwards in 1831 perhaps, extended the fence so as to include the Heap & Greenwell premises, but it did not enclose the premises on this side of Fort St., for Pierce complained against it. I am not sure that Polly's original fence did not enclose the Heap & Greenwell premises, but I think it did not and that it was a separate enclosure occupied by Kino. I cannot swear that Polly's fence did not come into Fort Street. I think it did not, or if it did, very little. I mean the fence of 1829.
Captain J. Meek, sworn, I have lived in Honolulu ever since 1824 permanently & off & on since 1809. When Fort St. was cut through it ran directly through Kino's house. I do not recollect the Burdick Premises as in Polly's enclosure. Kino's enclosure was in the street & took in part of the Greenwell premises I think. Polly's enclosure was a stick fence. I was one who laid out the streets of Honolulu & we had much trouble with Kino about his house &c.
G.P. Judd, sworn, I know the Heap & Greenwell premises & witnessed the lease from Hannah Jones to Marshall & Johnson, dated March 6, 1841 (marked A2). Hannah at the time hesitated about signing it. She said, "I do not know that it is right for me to sign this, for the property is not mine. It is Upai's, but I saw Upai & she said let Hannah sign it, for she knows how to do business ....
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.... Wm. Mills, her son. I think the adobie might have been 30 feet by 18. I think the distance between the back of it & the front might be 25 or 30 feet. I am not sure whether the boundary ran exactly straight or not. I leased that house from Hannah Holmes at one time; the steps went up at the end of the house. Hannah's privy stood makai of the fence in her own lot.
S. Reynolds, sworn, (Place shown to him) the makai boundary, as far as I remember, ran close to the land of the adobie house. I think Hannah claimed a piece of land in back of the house between G. Holmes' land & back of the adobie house. This adobie house stood on what was called Mr. Mill's land, or partly on that and Polly's own. When Polly was sick, she passed all her property into Hannah's hands to take care of for the children.
(Three of the Commissioners went with the parties to the land in dispute; next hearing to be 13th instant.)
Continued October 13th
Abner Paki, sworn, knows the land of Polly Holmes deceased, but not exactly the boundaries of her land. There was a fence between Polly & Hannah on Makai-Ewa side. Thompson's place & a Kino lived outside of Polly's wooden fence on Waititi side. The cooperage stands on the site of Kino's old house. The new road cut through Polly's place (or fence) & left Kino's place on the Waititi side of Fort Street. I do not know who gave the place to Kino. Probably he took it as waste land for himself. He was Oliver Holmes' wife's brother. The Waititi boundary of the old Holmes Estate was the old road. When Fort Street was made the old road was given to Holmes' heirs. Kinau arranged this matter between Brewer & Hannah and gave the old road to Hannah.
(By R.G. Davis) I never heard that Polly had any right to the cooperage place; it was outside of her fence. I never heard of any dispute between Polly [&] Hannah about this place.
(By Gulick) I do not know whether or not Polly was alive when Pitman leased this place from Hannah. Kino formerly lived within Hannah's place. I do not know why he removed out of it. I never heard that Kono, when on the cooperage lot, lived under either Hannah or Polly.
(By I. Ii) I do not know who settle the property or affairs of Polly after her death, nor who settled the affairs after her husband's death (Mills).
T. Cummins, sworn, I came to the Islands about 25 years ago, & for some years kept a billiard room. I engaged with Mr. Hunnewell in 1829 who kept a store where Captain Snow does now. My business then closely conformed [?] to that place. I remember the old road well as it ran; it ran between the cooperage lot of Pierce's Premises, before the present house was erected. We had frequent trouble with Kino & Hannah Holmes for encroaching with their stick fence on the old road. Hannah seemed over Kino in the matter - he was called her kahu. I never supposed at that time, that Polly had any right to this place, but always thought it to be Hannah's.
Polly died in 1836 or 7. The difficulty with Kino about the fence & with Hannah, was while Polly was alive.
Jona Piikoi, sworn, knows the land of Polly Holmes and the place where Kino lived. It was outside of Polly's land. There was a stick fence between Polly's & Kino's and a large fence outside of all on Waititi side. The place where Kino lived formed a part of old Mr. Holmes estate. I think Hannah was over Kino, who was, I think, her kahu. I did not hear that Hannah drove Kino out of her place to live on this. Kino was Polly's kahu as well as Hannah's. Polly & Hannah were sisters. I understood that Hannah took care of Polly's property & children after her death. I do not exactly know the boundary between their places; the place in dispute joined Polly's land, but not Hannah's.
John G. Munn, sworn, I have lived on the Island about 27 years & know the place now in dispute. I should say Polly's land formerly extended one or two fathoms into what is now Fort Street, to a stick fence. It is not clear to me, who the different portions of land belonged to, but I remember the stick fence, which was along side of the old road. It did not include the Burdick house site, I am pretty certain. The place in dispute belonged to the Holmes' family. Hannah seemed to have the control of it.
William Sumner, sworn, I am 36 years old, and was in Honolulu when the streets were made. I knew Kino's place. It bordered on the old road. There was a fence on the Waititi side of Kino's place & went, I think, into Polly's land. There was a stick fence between Polly's and Kino's. I knew Kino, & never heard at that time, that Polly had any right to Kino's place. I know Hannah leased this place to Pitman before the new street was made (after Polly's death). I always thought Hannah the person who had the leasing of the place.
(By I. Ii) There was a fence between Hannah's and Polly's lots; the lot in dispute was on Polly's side of said fence. Hannah had the arrangement of Polly's property after her death.
John Ii, sworn, I was requested by Hannah Holmes to mark off and apportion the lands of the heirs of Polly Holmes. I made a rough plan of the ground. Hannah agreed to my arrangement. I did not do anything about the place in dispute at that time, because I did not think there would be any difficulty about it. I supposed that Hannah was taking care of it for Polly's children. Hannah & myself did not speak about this place. It was clear to me that the place belonged to Polly; but if her 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]