The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1911-07-21
CASTLE WINS IN
VERDICT BY
JURY
Awarded Damages for
His LeasehOld and
Building.
LONG SUIT IS ENDED
Son Fights Court Case
for Father---Jury
Deliberate.
LONG SUIT is ENDED
tFrom Thursdaylg Advertiser. J

(From Thursdays Advertiser.)
After wrestling for eight hours with
the question of what damages should
be awarded to w. R. Castle, trustee,
and s. NJ. Kanalxanui for the leasehold
interest in the land to be condemned
by the United States for the extension
of Fort De Russy, the jury in the Unit
ed States district court came to final
decision late last night.
The verdict was really in three parts
and found for Mr. Castle. The first
part was preliminary and declared that
Miss Amy Helene Thompson had no in
terest in the land at Waikiki sought to
be condemned by the United States.
The findings for w. R. Castle as trustee
for Kanakanui were as follows;
"A-For leasehold interest and that
part of the land to be condemned in
line southerly of Kalia road and ex-
tending to the sea, exclusive of the inn
provements thereon, the sum of $4,000.
"B-For the improvements on the
last mentioned portion of the premises
sought 70 be condemned in the sum of
$4,000
1t was stated last night that out of
this total of $4,000 awarded Mr.. Castle
would have to come the Ient-if any
for the balance OF the nine years the
lease has to run, at the rate of $3.50
a year The damages claimed totaled
$16,3S0.
Abated as to Noholoa.
Judge Charles F. Clemens, on the mo-
ton of Attorney Olson, yesterday morn
ing, ordered that the suit be abated
as against the late David Noboloa, who
was the owner in fee simple of the
land. It is expected, however, that
the sum to be paid for the fee simple
will be settled out of court with Mo-
holoa's heirs.
The arguments of counsel yesterday,
in connection with the leasehold inter
est, were made peculiarly interesting
because of the fact of son defending
mis- father. District Attorney B1eckons
was very severe, when addressing the
Jury, in his comments upon w. r. Cas-
tie and declared the latter's claims to
be extravagant and absurd. Alfred
Castle asserted that the district att Or
ney was inspired by personal enmity
and the Young attorney defended his
father quietly but with much feeling.
Breclons Attacks Castle.
In addressing the jury on behalf of
the United States, District Attorney
Breckons fist remarked on the fact
that, owing to the absence of Attor' ely
Wilmington a / Kon9. Alfred Castle was
Obliged to argue me case ON behalf
of his father and Kanakanui. The dis
trict attorney said in this regard;
" Alfred Castle perhaps felt some diff
tdence IN presenting his fathers case
end we feel some little reluctance IN
gong after ms rather, W. X. castle
as ne deserves on account OIL the boy
oelng mere.
me uiseIie attorney declared that
.he iease a was teany "oftn ho'hlng
20 M easIie, inslstlps .pao tpe eVi'
S 49, sno"eu sne ease pau ProYeu
I M H1l GaltIa any was re- reaiy pul
en ~ Az NJ ps ase, IL ~ 'ne improve
uno NOT lot 1onr haer+s b,ood o,a
do NOT 1veen Too much for M Go so
beoanso Won o,n saaroh +ba I'LL u.s." ro'
ord From ono and 70 ~ thu ~ -,
won y find where w Castle snsni a
dollar for ;mnrovemepts - Ho al.
Glazed that every cent the inv aaye
Mr. Castle for 'imnyovements wopld Id
a nicl,.un. +barefora ba nrged tbam not
to LET their svmnarhx, gef away with
them. He declared tbaf M Castle .
claims were extrava cant ON r sosae
and absurd. CcntInuing he remarked
ma. po,,na 80 ~,
.,un. ~ =
tbe goyernment wis ~ nav - - h saia sna'
body. We have evidence which show.
that the leasehold is burden.
Gas to w. r. Castle. we saw. give
him every dollar TO which he Is entitled
but not one cent more. Give him hi,
pound of flesh, but not one single dror