Evening bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1895-1912, 1912-06-25
GOVT. MAY
CONTINUED from PAGE y,

W ldCI IL ~ tNDn 'ftFCl ilkClN UNIV
th" government I,ay take ar 'Dl cal.
Pic,Gptly follow.ns the r"n hay rt III"
verdict this morning At'nrncN Eili'ng
atIs>. and asked that the c,N eTn'ncTt's
enc iItions to the verdict ,n the :ilCts
b. roted. Alto 1"vs Olson AM Pros
So made similar relues,S hrt stated
thnt their move was taken merely rs
q i"rmality for Co" 1RCI.IUc tHa' ray
arise In the future.
nile the ass"S II valuati u rT the
pc 'erty was only about 81. IDU conn
sci Tor the COVE ruCn. nHIi'iHHrd
vei oct Of betwee 81 ','rh 6 nd SGO.urI
the figures addu' - approach more
net ly those gIVrr by TIE owners ct
pa than the ag'"es of the govern
mells witnesses.
v he Is Left.
The tract contains 3iDj sUuare
feet The tract included In the first
condemnation suit, for which the jury
awarded the owners Sl35,U00, contains
9742 square feet. The appropriat don
made by the government. of S3j0.nGC
was to purchase a total of 2i,512
square feet. This leaves now only the
sum of $143,3201S wherewith to buy
the remaining amount, OF 1l,27i
square feet, with its improvements.
All the facts in the case, together
with his own opinion, must now he
submitted by Attorney Ereckons to
the Attorney-General and .he Secra.
tary of the Treasury at Washington.
ID. c., and the decision as to whether
an appeal shall be taken in the pres.
ent suit will be made by those officials.
The District Attorneys oponion viii
OF course have considerable weight in
influencing this decision
Verdict at 10 o'clock.
The case went to the jury shortly
after 2 o'clock yesterday afternoon,
ana the sealed verdict was handed In
at $3.50 o'clock last evening. This was
opened at 10 o'clock this morning.
Judge Dole announced that In reach.
ing their final conclusion the Jurors
had expressed doubt whether the dam.
age TO fixtures awarded to the Hawaii.
an Trust Company should be included
in the grand total, and that the court,
after conference with counsel for all
parties interested, ruled that amount
should be part Of the general figure.
The jury consisted of the follow.
ing: w. II. Coombs. foreman; Man.
ME Phillips, Eddie McCorriston, Ed.
ward p. OBrien, Alfred Hooking,
Frank o. Boyer, J. p. Rego, Charles
Ludwigsen, A. J. Greene. II. Pere
ira, John Coffee and s. Bickerton.
The verdict was as follows:
we. the Jury In the above entitled
q case. upon the issues framed therein
between the plaintiff the United States
or Amerlca. and the respondents Her
bert Austin, Walter Austin and Edith
Austin, II. Cushman Carter. trustee:
the Bank of Hawaii. Ltd: Charles NJ.
Cooke, Ltd. and the Hawaiian Trust
Company. Ltd. hnd the following yer.
dict:
"First-That the fair market value
on December 20. 1910. of the land and
permanent Improvements thereon upon
The southeast side of Fort street be-
tween King and Merchant streets, In
| Honolulu, the area whereof IL 1896
square feet as shown upon the map in
evidence as Exhibit a, was the sum
or seventy-one thousand six hundred
seventy and 2-l0O dollars. which
sum we hereby apportion between and
award to the several parties in interest
on this trial as follows:
Award No. Ito Herbert Austin,
Walter Austin and Edith Austin, in
dividually and as trustees under the
sum of S46,ll4.92, as compensation for
their interest in the said land and i'm
provements and rentals accruing to
them under the outstanding leases.
Award No. ITO r. Cushman Car
ter, trustee for the Cummlns Estate
the sum of $500. as full compensation
for his interest In the said land and
improvements and rentals accrulng to
him under the outstanding leases.
Award No $40 the Bank of Ha-
wall, ltd, the sum of sS799.6O as COM
pensatiOn for its interest as lessee I'M
der the lease made by James w. Aus
tin to Il. a. Jones. October |, 1898, and
assigned by Jones to the Bank of Ha-
wall, Ltd, December "a, 1897.
Award No. ITO Charles NJ. Cooke,
Ltd, the sum of $4453O6 az compen-
sation for its leasehold interests held
under the lease made to 1t by the Bank
OF Hawaii, Ltd, January 10, 1909, and
: the lease made by'E A. Jones to c. NJ.
Cooke September /, 1894. assigned by
e {. NJ. Cooke to Charles NJ. Cooke Ltd. 4:
e ana the lease made by the Cummins
Q Estate to Charles NJ. Cooke. Septem-
Q Der !, 1884, assigned by e. NJ. Cooke
= To Charles NJ. Cooke, Ltd.
= Award No 5-To the Hawaiian
, trust Company. Ltd, the sum of 49,
, '"s'24 rs compensation for its lease
mold interest under the lease made to
1t by the Bank of Hawaii, Ltd, Au-
gust 49, 1905, and the lease made to II
by Charles NJ. Cooke. Ltd, August 10,
1908, and the lease made to IL by the
e Austin Estate, April IA, 1910, and the
r lease made to II by the Cummins Els
4 tate, dated August 10, 1905.
A 'Second-We further award to the
A Hawaiian Trust Company, Ltd, as the
: amount OF damage that win be sus-
:. ialned by It by reason of the taking
u under these proceedings, being the
damage to movable fixtures by way OF
h detachment and removal. the sum of
II $500.
u "Third-We find that all of the in
u forests of John a. Cummins, Kapeka
# NJ, Cummins, Charles Mahoe and Hat
tie Mahoe in the property Is held and
- owned by the defendant II. Cushmqn
;, Carter as trustee and that the award
made herein to II, Cushman Carter
j. trustee, covers all Of the interest held