The Hawaiian gazette., 1912-03-26
MAHUKA VERDICT
DISPLEAS|NG
TO ALL
Attorneys for Owners, Lessees
and Government Have
Filed Protests.
ONE AND ALL WANT NEW TRIAL
Cummins Estate Given $111,500
Castle & Cooke Get
$23,5OO.
(From sunday,s Advertiser.l


r X
4 k&+k XXX X XXX X * *
No one liked the verdict which shortly
to Judge Dole in the federal court by
Foreman St. G. Sayres of the jury,
which has been hearing the government
condemnation suit against the Cummins
site and block.
On behalf Of Trustee Carter of the
Cummins estate, Attorney Olson at
once noted an exception to the verdict
as being contrary to the law and the
evidence and gave notice of motion
for a new trial.
On behalf of Castle g. Cooke, Ltd,
Attorney R. B. Anderson Joined in the
same exception and also gave notice of
motion for a new trial
Billings Also.
And finally, Deputy United States
Attorney Bittings excepted to the YER
diet as contrary to the law and the
evidence and likewise gave notice of
motion for a new trial.
This unexpected denouement to five
hours of work in reaching verdict sur
prised laugh out of the members of
the jury and there were grins, repre-
senting various feelings, on their faces,
as they were dismissed and court was
adjourned until Wednesday. Judge
Dole thanked the jurymen in warm
terms for the interest they had dis
played In the case, and the earnestness
with which they had striven to arrive
at correct verdict.
Juror Theo Wolf who leaves the Ter
ritory on the Wilhelmina was excused
from service for the balance of the
term while Judge Dole tentatively de-
MED the requests of'several other mem
bers to be excused.
A Five-Hour Verdict.
Judge Dole completed the reading of
his lengthy instructions shortly after
four O'Clock and at twenty minutes
past, Marshal Hendry turned the key
on the jury and it commenced its defib-
erations.
The members cast a preliminary bal
lot which showed them to hold various
ideas on the case, and also gave warn
ing of considerable time necessary to
get down to working basis. This
basis had hardly been reached when
Marshal Hendry informed them that
they would have to go to dinner. Sew
eral of the jurors demurred, saying they
weren It hungry, but the marshal was
inexorable for he had been warned by
the Young Cafe that if he didn't bring
his charges down he wouldn't get any
thing to eat until after nine O'Clock.
So at quarter past five the jurymen
ate. They were once more at work with
the "eight-legged decimals,' at ten
minutes past six.
They proceeded in a businesslike
manner, being at loss on but few
points Shortly after eight O'Clock,
the foreman came out and asked Judge
Dole, who was waiting in the corridor,
for some information on certain fig
ures and this was given. A little after
nine O'Clock the judge suggested that
the jury might be aided by further in
structions or information. The attor-
neys, consenting, the foreman was call
ed out but remarked that GIVE were
fixed all right" and dived back to his
I work, while the watchers commenced
TO see prospects Oh an early verdict.
A few minutes later, however, the jury
announced that it wished further in
structions and the court came to order.
The foreman asked if they were to first
I'LL out the amounts to be awarded and
then put in the discounts. The twelve
were set ON tho right track by tho
Judge and once more went downstairs.
The court remained sitting and just
as it was suggesting more help for the
jury, it was announced, at shortly after
ten O'Clock, that it had reached a YER
dict.
Previous to the reading of the yer.
dict, Olson "in protection of his
clients interests, :" excepted to the
conversation between the Judge and the
foreman without the presence of the
other jurors.
The Verdict.
The aggregate amount allowed the
respective interests for the Cummins
Block at Fort and Merchant and the
site on which it stands was $135, 900.
OF this sum the trustees for the Cum
minis Estate was given Sill 800. The
allowance to others having an interest
in the Cummins Estate and the land
was included in this sum but not speei
fed Castle Cooke, Ltd, for its
leasehold interests in the buildings, inn
provements, fixtures, etc. was allowed
$2s,5O0. It was also allowed $4,000 be-