The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1912-03-08
CUSHAlN CARTER IN
MAHUKA SITE CASE
BreCkons Gets Him to Tell Inside
Tax History-AssessOr
Raised His Figures.
(Nrom Wednesday s Advertisor.)


Cushman H. Carter was the sensation
of the Mahuka site trial in the federal
court yesterday. There was stir in
the jury box when the trustee of the
Cummins estate, on which is located
the Castle & Cooke building, told Of
the difference between his sworn state
ments on his tax returns and the find
lngs of the tax assessor Carter de-
elared that he had turned in state
ment that the Cummins property was
worth $4,000 for the land and $4,000
for the building These figures were re-
jected by the assessor who found the
property worth $4,000. Breckons did
not attempt to cross.examine the wit
ness on this point.
Continuing Carter explained to the
jury how he arrived at the values he
had given He said that he and Wilder
had talked over the matter of valuing
the property and that they had decided
that about ten times the yearly rental
received by the trustee would approx
mate the total value. Later COM
promise at 100000 was reached.
Carter later took up the question of
the Castle & Cooke lease, and said that
Mr.. Tenney promised to put $4,000
worth of improvements on the property.
This he had done and Carter figured
that this was equivalent to an annual
rental value of $4,000 for the eight
years for which the lease held. Castle
s. Cooke pay rental of $1,000, which
makes, according to Mr. Carter s fig
ures, a total rental gross of $4,000. He
gave the figures which the property has
paid since 1901 and said that it aver
ages a net rental of $4,000 year or
thereabouts.
The tax valuations of the property
also came out under Mr.. Breckons ,
handling. The property was assessed
at 100000, paid tax of $500, water
$40, sewer SIS, insurance $2S4.53. Car
ter testified he has been trustee of the
Cummins estate since February 81,
1909.
L. A. McInerny was called to the
stand after the attorneys had finished
with Mr.. Carter, and asked to testify
regarding the leases in the McInerny
building. He said the Peacock lease
was for twenty-five years, at the rate
of 1925 per month. The Trent Trust
has lease for ten years from January,
1909, at $4,000 per annum. The sum of
1925 per month is paid by several
minor tenants and the corner or Me-
Inerny store pays $500 per month Includ-
ing the rent of the upstairs portion.
He testified that this was all the bust
ness would stand. He said that the
vault placed in the Trent Trust com
pany's rooms by that company did not
affect the rental value of that section
of the building.
Sam Walker was called to give testi-
mony regarding the gross rentals and
expenditures for eight years of the
Mcintyre building.
Il. A. Cooke, secretary and treasurer
of C. NJ. Cooke, ltd, was also called
and told of the Gurrey lease. He said
that property pays taxes of 1920, which
would put the value of the property at
$4,000. OF this he said that he values
the land at $4,000 and $1,000 for the
building.
Opium Gases Heard.
United States Commissioner Davis
yesterday morning had his hands full
with the so-called opium manufacturing
cases. In all five Cinnamon appeared
llG bHo Cdbe
against Wal Hung, held Wong Linn,
All Kee and Lui Lum for the grand jury
and held Lum Cheong in $500 bond for
hearing.
Slips a Cog.
J, G. Henriques has won his appeal
from the circuit court of the third cir,
cult, Judge Matthewman, in which a
jury found him guilty of common nuis-
ance in the first degree and he was fined
800 and costs, for allowing cattle to
run at large upon the highway. An
opinion of the supreme court, by Judge
De Bolt, handed down yesterday, sets
aside the verdict and Judgment and
grants new trial, on the ground that
the information was fatally defective
in that it did not show that defendant
was the owner of or had control over
the cattle referred to.
Deputy Attorney General Sutton rep
resented the Territory, and c. w. Ash
/ e.. L