The Portland daily press., 1893-12-22
cUsHINe's ISLAND CASE.

|
| the Value of Land on the Islands of the
| Harbor-Some of the Prices and Values
| on Peaks, Diamond and Cushings Island.
In.the United States District court be-
fore Judge Webb, yesterday, the con-
demnatlon proceed ings in relation to
the battery site on Cushing's Island
were continued. The government have
| condemned a block of Jhirty-three acres
in the rear of the Ottawa house, twenty
| three of which belong to Mr.. Francis
Gushing an d ten to Mr.. John K. Robin
| son of Chicago.
! In the court room yesterday forenoon
| Col. Peter G. Hams, United States engi-
neer officer, was present to watch the
proceedings While Messrs. S. c. Strout
and Gage, as counsel for Mr.. Gushing,
conducted the claimants case, there were
present other interested parties. Thomas
l.. Talbot, Esq, appeared for the Cush-
ing's Island Hotel company, who feel that
the esta blishment of government reser-
walton SO near their Ottawa house will
greatly effect their property. D. W.
Snow, Esq, was also present to watch
the case for Cecil Rusch of Bridgewater,
NJ.
| The most important matter of the fore
noon was the examination of Mr.. Francis
Gushing. Asked as to what was the
value per foot of the land to be taken
under these proceedings, Mr.. Gushing
answered that it was fifteen cents foot
or about $4,000 an acre.
| There is on the land one cottage owned
and erected by the witness, which cost
him $4,000. 1t was built of wood in 's5
OF $50, and is worth what it cost. Mr..
Robinson ON his land, has built an
artesian well costing $500, and paths
| and other improvements costing $500
more have been made.
| The island has about $50 acres, of
| which so or more are devo ted to public
purposes, such as walks. drives, etc. Of
the remainder there have been sold about
SO acres, leaving about $50 acres owned
by Mr.. Gushing. Witness had built four
cottages besides the one already referred
| to. Mr.. Gage asked the witness whether,
| if this land is taken for Notifications, it
| will have any effect ON land adjoining
and, the remainder of the land. Mr..
| Gushing replied that it would most as
suredly. 1t would prevent the sale of
land while the work is going on, and
would damage the land owned by him to
the extent of $50, 600.
| Witness testified that he had set out
| from rs to 100 elm, beech and maple
trees on the land which the government
proposes to take, and that about half of
them had lived. Mr.. Gushing testified
that he had spent over $4,000 in the last
nine years in advertising the island
| Questioned as to various lots that he
had sold, Mr.. Gushing said that the ten
acres owned by Mr.. John K. Robinson
had been sold by himself for S12, 500.
This was at the, rate of $500 for five
acres and $1,000 for the other five This
| low price had been made to Mr.. Robinson
on the assurances of the latter that he
would erect on it $50, 900 cottage.
During the afternoon the course of the
case took the form of general inquiry
| into the value of real estate on Cushing's
| and other islands.
Mr.. George H. Knight of this city, who
owns an acre lot of land on the island,
which he bought in 1887 for S150$, was
next called He has erected a cottage
which cost originally $500, and he has
4 spent on it since $500 or $4,000. He be-
| lieved his lot now to be worth at least
$4,000 exclusive of the buildings. He be-
| lieved the land on the summit, which
the government now wants, to be worth
| quarter more than his lot, which is on
the lowland. He thought that the TAX
| ing of the land for Notifications would
depreciate the whole property on the
island very much. especially that in the
| Immediate vicinity. The island has
always been quiet, secluded place Of
residence and the erection of fortifica-
tions would disturb this seclusion and
depreciate adjoining land fifty per cent
| Captain Benjamin Webster Of Portland
| testified that he owned a lot little less
| than five-sixteen this of an acre in size,
| five hundred feet from the wharf, which
he bought in June, 1888. He paid about
| $4,000 for land and house. The house
alone cost S2700, Though he did not
| value it at that.
| Deputy City Marshal James G. Sterling
testified that he formerly resided at
Peaks island, and owned land there. He
| had sold land there for cottage lots.
Here Mr.. Gage attempted to ask him
| how much he got for the lots; but Judge
Webb excluded the testimony on the
| ground that a specific sale could not be
brought up in this way and that the
| question referred to land on Peaks island,
| while the land under consideration was
on Cushings island.
| Mr.. Strout protested that the Massa-
| chusetts decisions had admitted testi-
mony as to value .of.. similar lands in
| such cases.
Every WE'LL" said Judge Webb, "estab-
4 lish your similarity first"
| Therefore the course of questioning
was changed Mr.. Sterling testified that
a large part of Peaks island was used
for cottage purposes. The means of COM
munication with the city were the same
as those sof Cushing's, but much more
| frequent. The distances were about the
same. Cottage life on Peaks was about
| the same as on Cushings.
| Having laid this ground, Mr.. Sterling
| testified that on the eastern side of the
island avenue land sold for ten cents
foot. He had sold lot on the avenue
| on the western side of the island contain
| ing in all 5000 feet, 5000 of which were
on the surface, while the remainder was
bank, He got ten cents foot for the
surface land and threw in the bank with
the water front for $50. The price of ten
cents foot was the valuation on the
assessors books. There were places of
public entertainment on Peaks islam i.
and none, SO far as he knew, on Cushings.
Judge Webb questioned the witness as
! tO the Simi1aritjeS Of tha hack cida Of tb q