The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1890-11-19

it. Let me say AS 10 that power OF at
torney, Mr.. Jaeger said that he thought
John Robinson knew the general effect
OF IT, but that he would not be able 10 |
perhaps every word and
every phrase of it. Doubtless many 4
man who could properly sign q power OF
attorney, could not write one, and when
Mr.. Jaeger was asked II he himself |
understood what powers were given TO /
him by that, whether he could make |
transactions with his real estate, make |
leases or not, he said he supposed he |
could but there is no specific authority |
to do that, such as is usual 10 put in |
powers OF attorney Tor that purpose,
there Is none there, yet Mr.. Jaeger
signed the extension OF the lease OF real
estate. SO John Robinson, being able
TO do SO, devoted himself TO matters
which would divert his mind and occupy
his time. As may say, he enjoyed ele-
CANT leisure, painting, photographlng
and travelling and the creation and care
of the finest conservatory IN Honolulu,
and perhaps he showed as much sense
IN taking that course as II he had set up
a business office down town and devoted
himself 10 making more money. And
Just upon that, il is we'll known TO Us all
that very learned and competent people
may be very poor business men, many
learned professors might better let busI-
ness men do their business. But We can
take an instance from the case now be-
fore Us, taking the testimony of DR.
McWayne, which cannot be supposed TO
be other than true, no imputation is to
be made upon it, | know OF no instance
oil the incapacity and inattention to BUSH
o. rENy, ID II. Il i tl,sN
| testimony here greater than that dis
| forget, even ii Mr.. Thurston had not re-
| peated his testimony to you, his utter
| inability to remember when he paid his
inability to remember the rate of
interest, or even it he had paid
them before or since the death
of John Robinson, marked line,
if he had paid them sometime during
the several years mentioned, 'S7 to 1890.
| He said, as the nearest he could APP
proach to the question OF time, that ne
| had paid them by installments, the two
notes OF twentvthree hundred and
twenty five hundred dollars. BY Mr..
Jaeger's book, which is in evidence here,
he had never paid an installment on
either of those notes, what payments he
had made must have been payments to.
wards the interest, because in the ac-
count in this book of the items of pro-
perty which Mr.. Jaeger was passing over
to Mr.. L. A. Thurston as executor, he
enumerates, promissory note of A. Nc
Wayne, twenty-three hundred, promis
sorry note of A. McWayne, twenty-five
hundred, and then he crosses these off
he does not obliterate them at all, the
figures and the writing are there, and OF
the margin it says, paid, under date o
April 18th, 1890, and below is the entry
interest on McWayne's notes for Ger
tain time, eighteen months to date, ont
hundred and eighty-seven dollars anC
fifty cents, and the principal. forty eigh
hundred dollars. If failure of memoir,
in respect to business transactions prove
incompetency to make a will, this Nigh
be used in contesting a will of Docto
McWayne; yet he is undoubtedly com
petent testator. OF course, his memor,
J in this instance is to be considered in re
gard to his memory of the transaction
on the 18th of February, it is inevitabl
that it should be. In the observation
which | have made to you concernin
: persons with whom | am upon goo
/ terms and towards whom | have
, friendly feeling, | have from duty an
necessity followed up what | consider t
be the logic of the case and of the evi
t dence, and that, on this Bench, l shall
always do, however even blistering
may seem to be.
Another principle on which the Cour
must instruct you (and | have onl
touched upon the evidence so far as
5 bears upon the principle of considering
t weighing evidence) is in regard to tn
$ apparent contradictions. These contra
| dictions are the strongest, perhaps, as t
the doings of the 18th day of February
1 and | wish, and you would wish, to max
g the most charitable construction, con
e struction which would save any injuriou
< opinion upon any parties who have com
J, before you, and there is only one that
: see that would help the matter YER
D., much, because the contradiction is there
D and that is, the supposition that tn
4 parties on two sides are in fact speakin
1 of different dates. 1t is not at all denie
I or contested that this name to the will
1 J. n. Robinson, was written by him
S tie other theory would be that it was
S fabrication. Ii fabrication, it would b
} gigantic perjury on the part of Mr.
= Thurston, not to say Mr.. Kinney an
2 others, a perjury which would disba
1 Mr. Thurston and if prosecuting al
torney did his duty and a Court and
: jury did their duty, would send him t
+ prison for the prime of his life, so yo
' may take it as an absolute fact here a
proved, that J. n. Robinson wrote tina
name. That is living witness. He be
? ing dead yet speaketh. However you
discuss it, on one side and the other, yoI
must come back to this, that a clear
even signature was made by j. n. Rob
inson. Whatever supposltion might b.
} made that he could not have written il
f he has written it, whether on the 18th o
some other day, he has written that
Both parties are strongly sure that the.
speak OF the 18th. On the part OF thos
r who support the will, they have tn
written word, the " thirteenth day, no
in figures, not put in afterwards, bu
| written when the will was written; ant
5 the testimony OF Mr. Thurston, which i
: uncontradicted is, that he wrote thi
: will from the instructions, or at al
events, finished writing it just before h,
went down there; and you are to con
slider the probability OF business ant
professional man, such as Mr.. Thurstol
is, making the will and putting the dat
: in it, whether he was liable to put tn
, actual date in or not, and if he woulC
not be liable to find it out, he well know
J ing that there was some importance Il
r it. [ only mention that one circum
stance. There is other evidence in sup