The Hawaiian gazette., 1870-01-19
WEDNESDAY. JANUARY 10, 1870.

written acrosss, "The articles herein above men
toned have this day been returned to the plantation
7, Me,caiE Kaupakuea, Dec. II iS55."
That on December l4th, 1851, the second agree.
ment was cancelled By the accedent with the COM
plsinants consent, aud The implements were turned
over 10 the plantation, and the following third
agreement WIS made; Exhibit n
80 > That said Tucker 4 Waller arc TO take charge
and carry on The sugar plantation, known as KaupA-
kuea in the district OF Hilo, owned by said T. Met
calf tor oncStfth of the profits eaeh-said 7. Net
cali furnishes the hand with all Its implements il
now stands together with such bullocks aud horses
as NAV be required for work, that are now on the
plantation. The plantation being responsible for
all injury to said bullocks aud horses while In its
service, also for the charge OF keeping tine same
Said Me,cAh agrees to furnish all tools aud imple.
meuts now on the plantation frce of charge, he
also further sgrees to furnish all other capital or
means hereafter required for the sufficient conduct
of the plantation. upon the condition of being
allow Cd or credited the current rate of interest for
wha, he may furnish personally, or the actual
interest be is Obliged pay other parties for such
accommodation, and said I. Metealf. is to receive
thrce-fifths Of the proats. This agreement shall
continue ter the term OF ten years, at which time
said plantation, with all improvements, shall revert
to said T. Msiealf or his heirs.
Said T. Mvtcalf has been persuaded against his
better judgment, 10 sgree TO not charge interest
the capital furnished for the first twelve months
from this date"
That the compliments, at the date of the third
agreement, turned over to the plantation all the
Improvements they had made under the previous
agreement. and received no remuneration therefor
or for their labor performed under said agreement
That the eomplainants carried the sugar plania-
ton under the third agreement, gave all their care,
l1bor and diligence the same, made valuable i'm
provemen,s in fencing the land, erecting buildings
in the cultivation Of the cane and manufacture Of
sugar, aud doing all things by them agreed to be
doue-
That Meteaif performed his part OF said agree
ment up to January /, 1862. and the plantation
accounts were fairly kept and balanced up to that
date, with the exception that Metcalf contrary to
the terms and intent Of the last agreement charged
the eomplainauis for the cattle and horses he was
bound by said agreement TO furnish for plantation
use.
That by the account current made and exhibited
by the eompiainants january lst 1859, aud by Met
calfs letter of February 10TH 1862 Exhibit E.. the
liability Of the plantation was SCI, ,6s4 es, of which
sum sl7,lTI was then bearing interest leaving the
balance Of SASS % to bear interest from that date
ouly.
That Aldrich, Walker & Co, were agents for the
plantation from january 1si 1862 to December 5lsi
1865 and that in the plantation account stated Jan
uary l. 1854, the plantation is wrongfully debited
with s7,lSs IS, the private debts of Mecalf. which
sum with interest to December Slst. 1851, amounts
to sIl. 7p5 wrongfuy taken from plantation profits
X 70 of
Adrieh, Walker & Co, as agents of the plantation,
and acted in that capacity until Metcalfs death in
San Francisco, August 9th, 1866, and thence acted
as agents of the plantation for the executors of
Metcsli's will until January lst, 1867, when G. P.
Judd became and has since Remained the agent,
having the plantation under his control aud man
agement.
Thai by Metealfs viii, duly admitted to probate,
G. P Judd was named as one of the executors, ard
accepted his trust as such executor and the other
persons named in the viii as executors declining to
accept the trust, the Court appointed J. W Austin
administrator with the will annexed, TO act with
Judd as executors, and that Judd and Austin quail
ded and acted, and still are acting under said ap
poiutmeut.
That the following clause is in Netcalf's viii
fAnd do further charge and direct my daughter
working order as far in her lies so that all my
objects, hereinbefore expressed, may be fully ae-
eompIished inasuueh as she is able Exhibit F.
That during the agency Of Walker, Allen & Co.,
G. P Judd. IS said executor, gave Walker Allen and
Co. bis seven promssory notes of 5000 each, dated
respectively on the 5lh 6h sth 9Th. lOih l1th and
l2;b days Of October, a d. 1866 bearing interest at
the ate Of one per cent per month, and secured by
he hdiuU
slso security for two Of Metcalfs notes. amounting
to SO 6l the mortgage itself setting forth that
ii Ras given iu order that Walker, Allen & Co.
might raise money. copy of the mortgage is an
nexed to the Bill
That Walker, Allen & Co. subsequently, obtained
money from third parties. giving the said promis
sory notes collateral; that April ls, 1867, certain
of the notes were sold at public auetion, and Judd
aud Austin, as said executors bought Judd's note,
as executor for $ COO, and its accrued interest Of
81 so with proceeds of sugar sales instead of using
said proceeds to reduce the interest account and
principal debt on the plantation.
That Judd, as plsnsation agent, charged the
plantation IS. go for the purchase OF Metealfs
private note Of 5000 and interest, the note not
being given on plantation account and being then
paid By proceeds Of sugar.
hat Judd As SAID executor charged the pianfa-
tion s57 y for shocks which be in fact bought for
about sl625 and when asked for Bill Of Sale, in
formed the eomplainsnfs counsel that after expeDd-
iHg money upon them, be bad sold them TO the
plantation Al small profit
That Judd credited sale Of sugar 10 Walker, Allen
Co. April II, 1861, in the sum Of g. 760 90 which
Eas sz451 lees than the actual net Of said sales;
bat. January J. 1861. Judd debited the plantation
sS52 z. which vas 800 more than should have
been 6ebiied, besides the commissions charged.
That the secounfs Of the Executors show uearIy
900 as proceeds Of the last incoming erop that
Judd received ~ kegs Of sugar but his accounts,
ss shown 10 the complaiDanis, account for only
6 s25 kegs, or Io2 kegs short
Ths; by tie Account Current, since Jan. l. 1862,
large and ruiHous interest paid contrary to the
agreement referred 10 in Exhibit D. for money used
on the plantation being 5O0O so paid against
the protest of The eompisinsnis
That note of 5000 and interest, amounting to
- l1s6e. paid JuIy .. 1859. from proceeds Of
ih- plantation, for which no credit was given to the
plantation.
That Judd a. agent credited the plantation $40
for four cords wood sold to himself which were in
fact five cords, worth more than S16
That in the year 1864 the compIainants were
greatly damaged By NetesIfs fsisre 10 furnish re-
sssifs machinery 70 dispose Of large and valuable
crop Of sugar, as be was b0upd to do by the terms
1f szreemenf D. until long sffeF il should have heen
'o74hcDnirz bg which failure ou bis part tu-6 hun