The Hawaiian gazette., 1890-11-25

fore us, taking the testimony of DIR
McWayne, which cannot be supposed :,
be other than true, no imputation is 4
De made upon it. know OF no instanc
OF the incapacity and inattention to busi
ness OF John Robinson displayed in tn,
| testimony here greater than that dis
played by DIR. McWavne. You canno
forget, even ii Mr.. rhurstou had not re
peated his testimony 10 you, his ute
inability to remember when he paid hi:
two notes TO John Robinson, his ute
inability TO remember the rate o
! interest, or even il he had paiC
| them before or since the death
Of John Robinson, marked line
ii he had paid them sometime during
The several years mentioned, 81 10 1870
tie SAID, As the nearest he could APP
proach to the question OF time, that he
had paid them by instSllments, the tive
notes OF twenty-three hundred and
twenty-five hundred dollars. BY Mr.
Iaeger'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 &C.
perry which Mr.. Jaeger WAS passing over
TO Mr.. l.. A. TharSton as executor, he
enumerates, promiSSory note of 4. Nc
Wayne, twenty-three hundred, promis-
sorry note OF A. McWayne, twenty-five
hundred. and then he crosses these off
he does not obliterats them at all, the
figures and the writing are there, and ON
the margin il saws. paid, under date of
April 18th, 1890. and below is the entry,
interest on McWayne's notes for q GER
tain time, eighteen months 10 date, one
hundred and eighty-seven dollars and
fifty cents, and the principal, forty-eight
hundred dollars. Ii q failure of memory
in respect 10 business transactions proves
incompetency 70 make will, this might
De used in eontesting 4 will of Doctor
McWayne; vet he is undoubtedly COM
petent teStAtor. OF course, his memory
in this instance is to be considered in re-
gard to his memory of the transactions
on the 18th of February, it is inevitable
that il should be. In the observations
which l have made TO you concerning
persons with whom l am upon good
terms snd towards whom l have q
friendly feeling. have from duty and
necessity followed up what consider to
be the logic Of the case and Of the evil
dence, aud that, on this Bench, shall
always do, however even blistering it
may seem to be.
Another principle on which the Court
must instruct you land l have only
touched upon the evidence so far IS it
bears upon the principle of considering,
TO
Sppareut contradictions These contra
dictiOns are the strongest, perhaps, as to
the ioinys of the 18th day OF February,
and | wish, and you would wish TO make
the most charitable construction, a con-
struction which would save any injurious
opinion upon any parties who have come
before You, and there Is only one that
see thSt would help the matter very
much, because the contradiction is there,
and thai Is, the superstition that the
parties o. two sides are in fact speaking
Of Different dates II Is not at all denied
or contested that this name TO the will,
]. n Robinson, was written by him !;
the other theory would be that il was
fabrication. Ii fabrication, ii would be
s gigantic perjury on the part OF Mr.
IhUrstoE, not 10 say Mr. Kinney and
others, q perjury which would disbar
Nh ThUrston and If q prosecuting at
toEneY did his duty and 2 Court and
Jury did their duty, would send him to
prison fer the prime OF his life, so you
msy tax il as an absolute fact here as
proved. that J. n Robinson wrote that
name That Is living witness. He be-
ing dead VET speaketh. However you
discuss Il, On one side and the other, you
must cone back 70 this, that a clear,
even Signature was made by J. \. Rob
Irs0n. Whatever suppOsitiOn might be
made that he could not have written it,
he hzs written II, whether on the 18th OF
some other day, he has written that
Both parties are strongly sure that they
speak q the 18th. Ga the part Of those
Soo support the viii. they have the
zritteaagOrd, the "a thirteenth I" day, not
in figures, not put in afterwards, but
4 ri-tsn = hen the viii Was written; and
the testimony Of Mr. Thurston, which is
11o01trz,iicted Is, that he wrote this
Vii fr0m the instructions, or at al
aFents, finished writing Il just before he
vent DOM there; and you are 10 con-
.5ier the probability u 2 business and
---------4-1- 4LL-seg4
:, making the VII and putting the date
I Il, whether he was liable TO put the
.cs1zl izrs In OF not, and If he would
III Il liable 70 find Il oct, he well know
" that there Vas some importance 10
L l Only mention that one circ1m-
zznce- There L Other evidence In sup
,ort q the pro5t that this transaction |
Tzs 3o1e q the I3sh- The other evil
-enes y01 EIll consider, consider what l |
% n01 spezk q g vel e what | do. On /
&c pant u the Contestants, and mostly |
z The part q Dr. MeWzyne, the meii- /
q uzu, tie testimony l. that he could |
- have been II condition 70 make such /
Signature O 70 do such Business II |
'oog John Robinson had Just previously
'a5o IN z1 h01r O rEo struggling foE his
Z during : pzr0rysm q co1ghing, and
u pain Ez= only s1Oi1ed when be Was
-1DIlEs3 ~ massive discs q morphine;
: ths testimony q Doc1oT McWsyne
II q Dostoy Ir0-ssesG, do ut know
Tl=sElEr D9et0E Wood szz examined On
lat pm. .. nos, Certainty q those two
ls1, thzt h end III have transacted
In b-za1sss e this, that h would have
81 iyi1z II z hslplass s11pK. But
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