The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1884-06-11

had partial paralysis of the tongue and
il was difficult to understand him one or
two wears ago. Before his accident he
could remember everything.
Mrs. Geo. H. Robertson, sister of Mrs.
McKeague was present when his horse
stumbled and he fell of. striking his fore.
head on n stone. He was senseless. A doctor
was sent for. Mckeague was to have been
married that day and fearing he would
die. they were married that very night.
He was laid up four weeks He did not
look and act as before. He was sleepy
and lazy, would say mo, no, and he pad
no attention TO what we said,
Mrs McKeague says her husband was
a great deal changed since their marriage.
He was stupid and would hardly say any
thing. Hardly listened to memory
not good.
Mr.. I. A. Lloyd, the plaintiffs guardian,
has known him for fifteen years and has
been his neighbor since 1876. Up to 1873
he was n capable plantation manager and
was looked up TO as an authority. There
was a marked change after the accident;
Saw him the morning after, seemed all
stupefied. Took three weeks TO complete
a cash transaction with him, for the pur-
chase Of an old mill-would say that he
would sell and then that he would not. He
would wander Would forget one week
what he had said, and deny it the next
week: could get no assessment from him
in 1881. In 1852 he lost $500, his books
and labor contracts by robbery Did not
realize his loss. At McKeague's request
took charge Of his books and kept time Of
men. McKeague would often interrupt
me in my work. Took people from the
boiling house and put them in the field
II was ali the same 10 him If they got $40
or 500 per month.
c. f. Williams says, he has known Nc
Keague for over twenty years. That there
was change his condition after the
accident. He h.. lost his vim; not so en-
ergetic as before His memory was com
paratively poor Has had some small
transactions with him since 1873 and there
was nothing in these to warrant the opinion
that he was lunatic.
For the defence, Mr. Cecil Brown, the
attorney who drew the agreements and the
deed between McKeague and Neisser, says,
that both McKeague and Neisser gave him
the instructions on which TO prepare the
papers. Considered him capable of attend
ing TO business, would not hesitate TO
transact private business with Mckeague
il he had any He was not as active since
his fall His memory seemed the same. L
thought it was foolish piece OF business
and tried to persuade him out of IT and
got others 10 advise him the same way.
Mr. Henry Macfarlane says he was agent
for McKeague's Heeia Plantation in 1881.
Did not appear to have much force Was
inclined TO let matters go. No push in him
to shove work as it ought to be attended
to. He acted sometimes very silly. II he
did not agree with You he would get an
gry and 90 off and do Just as he thought
fit II he happened to get in a certain
track you could lead him 1 was not very
successful in leading him. l would not
like TO say under oath, that he was not
capable of caring for his interests, but it is
a matter of some doubt in my mind
DR.. Kennedy came to me to buy him out
for McKeague. / declined and told Nc
Keagus to let Kennedy alone The plant
alton was run down and it was poor time
10 buy Kennedy out used all the argu-
ments / could. He said he would not buy
and then bought without my knowledge
and gave Kennedy over $4,000. DIR. Ken
edy claimed a quarter interest. l Thought
it was ridiculous price at the time.
The last time McKeague went TO Cali
fornia he took his stallion. king William
with him and said he was going to sell
him in San Jose for $4,000. He brought
the horse back.
Mr. HLose, an eInploye of H. Hackfeld
& Co, says he had frequent business trans
actions with Mckeague in 1879, 1880 and
1881, and saw nothing to make witness be-
heve that he was incapable of managing
his business and showed no weakness of
mind or loss of memory
A number of business letters were pro
duced, dated since February, 1879, which
witness testifes are in Mckeague's hand
writing; but both McInerny and Lloyd
think they are not, but that the signatures
are genuine.
NJ Neisser declines to say what Nc
Keague's present mental condition is; says
he has had no opportunity of Judging dur
ing the past year as he has not spoken TO
him.
The foregoing is an abstract Of the most
prominent testimony bearing upon the
allegation that Mckeague's mental condi-
ton was unsound and weak.
The result at which | have arrived Is
not that he is a maniac, but that his mind,
since 1S79,was no longer a safe guide to
his actions and he was thus in n state pc
culiarly susceptible to undue and improper
influence.
i pass now to the evidence on the subject
of these influences.
Mr.. Henry says, had heard about the
transaction between Neisser and Nc
Keague and l told MIcheague to have
nothing to do with stock matters He
said that's all right" and then threw it
of. This was before the sale. About the
time Of the sale be talked to Neisser and
Neisser said Mckeague was all right,
There was 100000 in California for him
as soon as he got there.
Mr.. Dodd says that Neisser told him
after he came back from San Francisco
that McKeague was to have 100000, and
that McKeague introduced HIM in San
Francisco. in 1881. to several men as the
of the corporation, among
them Mr.. Frank. l refer to this as show
ing that the stockholders as early as 1881
had opportunities for observing Nc
Keague's mind.
Mrs Robertson says that on the day the
deed was signed Mr.. Neisser came to Nc
Keagues house and she asked her sister,
Mrs. McKeague. in Neisser's presence
where they were going. Mrs. Alcheague
replied, we are going to sign our names to
the deed Of sale of the plantation. Iasked,
MARY, is this good thing, tell me what
you ara going to do" Mr.. McKeague an
swered. "Neisser says its all right The
witness then asked Mr.. Neisser if it was
all right, and he replied"Yes its all right,
don't you be afraid You'll have your
money in San Francisco. 100000. It's
ready for YOU There Is some discrep-
ancy as to the hour Of the day when it
must have occurred, as Mr.. Brown says
the deed was signed about noon, and Mrs.
Robertson says it was after dinner and
they dined about o'clock p. IN. Mr.. Neis
ser SAYS he cannot tell if he was at Nc
Keague's house the day the decd was
signed. but denies the statement testified
= by Mrs. Robertson; but Mrs Mckeague
her sister in this respect, and
also says that Neisser told her at Heeia.
that the stock was sold at s10a share and
that we were to 60 to San Francisco and
were to get 100000 in gold the very day
we got there; and that they went to San
Francisco to get the money. They did not