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Claim No. 273, [Joseph Booth]
[Margin note: "Received JHL" for first 2 documents and "left on file" for 3d document]
1st document is a lease of land dated 8th July 1840 for the term of 20 years at 70 dollars per annum from Kapihi to claimant, being a mountain range called Kaili; comprising Greenwich Hospital, having the signatures of the King and Premier, and Paulo Kanoa, and Kapena, witnesses, who are absent.
2d instrument is a lease from Kanaina to claimant for a narrow piece of ground at 5 dollars rent per annum, dated 21 September 1842, and extending to the end of the term of the former lease.
3d Instrument is a gift from Kapihi to claimant, dated 17 October 1837, witnessed by H. Martin and Andrew Thompson and Nakai who acknowledged her sister's signature or oath 10 January 1848.
Doctor Rooke, sworn testified, he knew of the absence of Andrew Thompson and can swear to his signature.
Owen Jones, sworn stated, that he was acquainted with H. Martin and understood he was now absent having gone about 3 years ago to Columbia River.
See additional document page 30.
[No. 273, Joseph Booth]
Additional document connected with claim No. 273, Joseph Booth, from page 28
Relating to an exchange of land between Jona Piikoi & Joseph Booth. See Native Testimony volume 2, page 525.
Kewalo claim resumed page 401 [relating to No. 273]
Claims No. 85, Thomas Phillips & 273 Joseph Booth, July 28 , counter claims relating to boundaries of land in Nuuanu
Kaehuholoewa, sworn, I know this land of Mr. Phillips called "Kaimuohena," and its bounds. I know also Kiwalo and its bounds; the land of J. Booth. It is large and I have known its boundaries from time of Kamehameha II.
The land of Kaimuohena runs from the valley of Nuuanu up the ridge on right hand of valley going up nearly to the very summit of the ridge but not quite, and then it meets the land of Kiwalo. The point where a stone will roll down into Nuuanu Valley is the dividing line between Kaimuohena and Kiwalo. The line is well defined by scattering stones. There is a wall on the line. All on one side of this land (line probably) is Kiwalo, and all on the other side is Kaimuohena. The true line is above the wall now built, between Phillips & Booth. I went with Metcalf, Phillips and Hooliliamanu, luna auhau when Metcalf made the survey, and pointed out the true bounds of Kaimuohena, which I am sure extends up to where a man can walk along; he cannot walk along this side, but only on or very near the top of the ridge.
[margin note:] a question by Booth.
I never lived on Phillips' land. He asked me to give testimony. This is all he said to me; he never said he would give me anything for the testimony, nor instructed me what to say.
Kalai, sworn, I know the bounds of Kaimuohena & Kiwalo. Kaimuohena runs up the ridge to where men used to sit for birds; the top of it. I know the bounds well for may years; ever since Kamehameha I. I, my father, and grandfather lived on Kaimuohena. Kiwalo does not come down the ridge.
Kaa, sworn, I know the boundaries of both lands in dispute - ever since Kamehameha I. I and my ancestors lived on the land.
Kaimuohena extends up the ridge to the right of Nuuanu Valley, the dividing line is this: whenever a stone would roll down to Nuuanu Valley, there is the land Kaimuohena, and when it would not roll down - is Kiwalo. The line is well defined by small heaps of stones where the men used to sit up and watch for Birds; it is on the top of the ridge.
Cross-examined by Booth: I do not live on Phillips' land. I live on Kaeo's. I have had no communication with him, but came on a summons.
Kuluwailehua, sworn, Some years since I was luna auhau here and helped to settle the bounds of these two lands in dispute (it was agreed by all that his testimony was good & should be given).
In 1842 I ran up the line and built the wall between Mr. Booth's land, Kiwalo on Pauoa Valley side, then I built the wall on Nuuanu Valley side; and ran along the foot of the ridge, where a stone would lodge if rolled down. I had some dispute with Ruddock, and found this was the true boundary. This ran along the line of Kaulawela and Laimi until I arrived at Kaimuohena, and in finding the line between Kiwalo & Kaimuohena, I adopted the same rule, and where the stone would lodge on being rolled down, there I built the wall. I consider from the fence up to the top of the pali and over to the wall on the other side is Kiwalo, and all below the wall on Nuuanu side is Kaimuohen ....
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.... end for Kewalo, so I did some work there. The same was said by the witnesses of the lot by Nuuanu stream; that is, wherever the rock rolls and remains intact, that would be for Kewalo. Therefore, I built and secured the stone wall which stands there. These statements by these witnesses are the same as Phillips' testimony. "
Kaehuholohewa said, "I did not come to indicate the boundary of these lands at that time because I was ill, but I did tell Kuluwailehua that the boundary of Kaumuohena is Kapuukamanu. At that time Kuluwailehua's fence had not yet reached Kaumuohena. Halai and Kaaa have said that they did not tell Kuluwailehua those thingi."
Kekaha sworn and stated, "I have known the boundary of Kaumuohena and Kewalo since the time of Kamehameha I. If the rock rolls from the cliff and collects at the Nuuanu stream, then Kewalo would cease to exist."
Kailaa. sworn and stated, "The boundary of Kewalo and Kaumuohena is that Kewalo would cease to exist when the rock rolls and lands."
Kauaoki, sworn and stated. "The boundary of Kewalo and Kaumuohena is the enclosing fence and that is the first boundary; however, it extends in the direction of the sea of Kapuukamanu. The boundary stops here."
Kaahakai, sworn and stated, "I have not known the boundary of Kewalo and Kaumuohena."
Koiamai. sworn and stated, "I have seen the boundary of Kaumuohena and Kewalo; it is Kapuukamanu, then Kaumuohena extends until it merges with Kewalo. I have seen the fence Kuluwailehua had built and it had reached the lot just mauka of Phillips' land, but it did not get into his land."
See page 195
No. 278!, Joseph Booth, August 11, 1848 [should be 273]
No. 485!, Thomas Phillips From page 172 [should be 85]
Metcalf, sworn and stated, "I had seen this land for the first time when a native born named Kaimuohena had shown me the property. No one denied or protested at that time, the indications which were made by these natives, that the boundary was directly on the cliff. Hooliliamanu, Phillips and some other people too had indicated this. Later, I surveyed the land called Kewalo because Booth had asked me to do this. He gave me a document in the native language to enable me to start my work, so I read the document and together with some statements a native had made, I surveyed according to these statements. My initial survey gave Phillips half of Kaumuohena. but for Booth, he had not gone with me on this survey. The second time I had done surveying, I discovered half of the land below had been separated. I do not recall the reason Booth had given for not having accompanied me, but I have heard he was afraid, lest there should be an argument. I remember that a portion of that land is for C. Kanainal Laimi is the name."
Pohua, sworn and stated, "I have seen the boundary of Kewalo.
Namauu's land is mauka
Keohokolohe's land, mauka and Waikiki.
The Puhala (tree) is the boundary of Booth's land and Phillips' land. The division of these lands is Nuuanu stream, then Kewalo returns (to the original point), so does Kaumuohena. It does not extend upwards to the cliff, it stops at the stream. Kewalo is the only precipice and a stone wall is in the center of Kewalo. I was living in Honolulu here at that time."
Kekuanaoa, sworn and stated, "I have known the settlements made for these lands of Kewalo and Kaimuohena by the tax assessor named Kuluwailehua. I have seen the boundary of Kewalo and Kaimuohena. Wherever the rocks roll below Nuuanu becomes for Kaimuohena, the same applies to all of the land bordering on that side of the cliff and whatever is retained by the rocks would be for Kewalo."
Kama, sworn and stated, "I have seen the boundary of Kewalo and Kaimuohena. It is at mount Kamanu directly on Laimi, then the Kewalo (boundary) returns in the opposite direction and the Kaimuohena (boundary) does the same toward this direction and extending until it reaches Kahuoi while the Kewalo (boundary) has ended. The series of cliffs is on the flat area of the precipice, and I have lived there with my parents. I was born at Puiwa and I am now living there."
John Whit, sworn. I have seen Phillips' land, the boundary of which is a series of cliffs on the summit of the precipice.
Continued page 212 [No. 82 for Phillips in Maui]
[Award 273; R.P. 302, Kewalo Honolulu Kona; 1 ap.; 208.20 Acs; R.P. 303; Pauoa, Honolulu Kona; 1 ap.; 2.16 Acs; R.P. 304; Kewalo Honolulu Kona; 1 ap.; .85 Ac.;Honolulu Kona; R.P. 305, Kapuni Pauoa Kona; 1 ap.; 11.70 Acs; See also Award 272 for Native Register document]