The Hawaiian gazette., 1911-07-07
SUIT ENTERS ON
ITS FIFTH WEEK.
wArKrKr CONDEMNATION HEAR
mo MARKS FEDERAL
RECORD HERE.
don rhnIadar . Advertlaer. }

AhhlHk HetOIu 1oi Il bhittu 1tiAttH
condemnation suit in the Territory, or
for any action heard in the federal
court, the Waikiki condemnation case
starts its fifth week today. The ses-
sion yesterday marked the end Of
month since the hearing was begun
before Judge Charles F. Clemens and
a jury.
Since the case began two of the
jurymen have been married. Another
yesterday became the father of fne
ten-pound baby.
We've had marriages and birth
now We are due for DEATH said one
Of the lawyers engaged in the case
yesterday, who represents a client who
wishes Uncle am tso pay more for the
Waikiki land than the government
thinks it is worth.
HfWell, the death viii come at the
end of the case said one of the jury
men.
Testimony az. to values was taken
yesterday. Holmes, Stanley g. Olson,
who represent David Noholoa, sought
to show that the interest of the lessees,
who are represented by Castle & With
ington, is nil. The former placed r.
r. Reidford, manager of the Bishop
Trust Company, on the. stand and he
testified that the leasehold, held by
w. r. Castle, is worth nothing because
it is too short lease. The land in
fee simple, excluding the improve
ments, is worth $2l, 900, he asserted
In the course of his cIoss-examina.
ton by the district attorney he said
reasonable rate of interest in Homo
lulu is six and one-half per cent when
the collateral is good sugar stock but
when the security is real estate it
would be more. In arriving at the
reason why he placed the value of the
leaschold rs practically nil he said that
by the most careful use it would bring
in $2400 year, that the expenses in
doing that would be $3.50, which made
the leasehold value $50 year.
Mr.. Reidford said that Of the $2370
the sum of $3.50 would 60 toward sink
ing fund to pay tho 5000 on improve.
mcnts. The district attorney therefore
deducted that $3.50, on his cross
examination; from the $2370, leaving
1920 expenses on the place even
though a man owned the fee simple.
~ WOulO pE4Vu u year, Iu0ICIOI6
the net profit would be $3.50 per an
mum which, according to the witnesses
own figures, would be eight per cent
on less than $4,000 The district at
torney'a REORGANIZATION along this
line was directed to show that the
value of the entire property is less
than $4,000.
In seeking to find out Mr. Reidford g
methods in arriving at the valuc of
@21,0 900, the district attorney asked
this question: You based your val
uatioR on the amounts paid by the
United States for the property (mean-
ing land previously condemned) and
not on your own view as to whether
the amount paid by the United States
was fair, did you mott"
Witness answered yes and added
that the further you go toward Dia-
mond Head the value of the property
increases. The least valuable would
be that nearer town.
The case will be continued today.
Appeals to Supreme Court.
William w. Bruner has taken his
suit against G. Brewer Co., Ltd, to
the supreme court on a writ of error.
The record and exhibits were fled yes
terday. Bruner, in July, 1908, started
an action against the company for
$10,361.7S. BY stipulation the parties
agreed to arbitrate. In May, 1909, the
arbitrators, A. r. Gurrey, L. Tenney
Peck and John M. Dowsett, awarded
Bruner $737.49. Last March plaintiff
started an action to have the award
set aside. In June Brewer & Co., Ltd,
asked that the award be entered as
judgment of the circuit court and
Judge w. J. Robinson so ordered.
Bruner deemed himself aggrieved
by the Judgment and asked for writ
of error in order that the supreme
court may decide whether the iudg-
ment should be reversed and the arbi-
tration award set aside. His attorney,
Q. w. Ashford, claims that Judge Rob-
inson had no jurisdiction to refer the
matter to arbitrators, and was in error
in granting the motion to enter up the
award as judgment of the court.
Gay Accounts Filed.
Cecil Brown and H. Foeks fled their
sixteenth annual account as trustees
under the will Of the late James Gay,
in the circuit court yesterday. The
receipts being income, were $11, 706.03,
refund of taxes s90760, making Sl2,-
6lS6S for the year; this with the bal
ance from last accounts of $12.27,
makes the total $l2, 625.90. OF this
amount the sum of $4,000 has been
paid TO the benefcihries under the will.
The expenses Of administering the es.
tate were $2995.7s leaving a balance
to 90 forward 70 the next annual ae.
count OF $30.1e. The trustees ask for
approval OF the accounts.
IN the circuit court yesterday First
Judge Cooper found Al On, Chou Tai
Keun and All Hee guilty Of obstrnct,
Ing police officer and confirmed the
sentence Of the district court except
as TO All Hee, HE penalty being 70.
daeed 70 el0 and costs. The sentence
u lhe district court was two months
imprisonment each,