The San Francisco call., 1898-07-28
Michael Hawkins Asks for a New Trial of the Old
 Suit.
Alleges That the Executors of the Estate of Annie Donahue Have Violated a Con-
 tract With Him.

Michael Hawkins filed a sensational and voluminous affidavit in the of1ce or the County Clerk yesterday. In that paper Mir. Hawkins recites matters dating back for twenty years, and in cidentally cites much interesting his tory in connection V ith the affairs Of his cousin, the late Peter Donahue' pioneer millionaire of this city.
 The affidavit was made in support Of a motion for a new trial in the case of Michael Hawkins vs Eleanor Mar tin and J. Downey Harvey, executors of the estate of Peter Donahue's widow
 The deponent is well known to the business men of this city, he having been of the real estate firm of Daily & Hawkins. which, less than twenty years ago, enjoyed an income of $25OO per month, with office expenses of only SJ00 Hawkins came of good old Irish stock, and was a thoroughbred in those days. and his was a familiar figure on Montgomery street with a silk hat tipped raklshly on the right side of his head. a cutaway coat buttoned up EtOSe lD HIS UbLgs d Rdl1 OI lAS4ll par taloons. a fresh boutOnniere in his coat lapel and a light cane carried jauntily in his hand. In the palmy days his note was good for a couple of hundred thousand douars. To-day he is poor and verging on the sere and yellow leaf, and although his wardrobe Is not so expensive as it used to be In the halcyon days when Comstock shares sold for S1200, it is just as neat and has not lost any of its pristine grace.
 The times for him have changed sad ly. and he has joined the hopeful army of Jarndyce vs. Jarndyce, and being hopeful is cheerful withal. The af- fidavit filed yesterdav by himself as attorney for himself tells the story of the dark ages of his fortune. It is the last cast of the die. He believes himself to have been grieYously Wronged, and calls upon the courts to give him another trial in the jousts of the law.
 The story leading up to the present litigation Is as follows: The firm of Daly & Hawkins being unable to agree for reasons not stated. it was resolved that it should dissolve. The assets of the firm, as stated by MT. Hawkins, were .S21f, ,000i the liabilities about $l5l,- 900. leaving surplus of $6Q,000 to be divided between the two partners af- ter all the debts had been paid. But they could not agree as to the division Of the surplus assets, and it was de- cided to place the affairs of the firm ln the hands of an assignee for the benefit of the creditors. MT. Hawkins selected John OKane as assignee for the firm. and 1t was agreed that after the division of the s60,0 900 MT. Daily was to retire and that MT. Hawkins was to succeed to the good will and the emol- uments of the business.
 Everything looked well for the new venture, and Peter Donahue, the wealthy cousin, spent a day or two at the. office to recommend Cousin HaW- kins to the former patrons of the firm. But a cloud of law, foreshadow- Ing a cyclone of disastrous litigation, Jarkened the sky. After O'Kane had recorded the deed of assignment, and after Daly & Hawkins had passed oyer their real and personal assets and after O'Kane had placed the hrm cash stock, notes, etc, in Dono- hoe. Kelly & Co.'S bank, John T. DoyIe. the eminent lawyer, filed suits If Attachment against the property for the sums due Eugene Kelly, Joseph A. Donohoe and Peter J. and Margaret Donahue The latter two had just come into the possession of their es tate. valued at $4000,000, the debt of the firm to them being little less than S12000.
 Lawyer Doyle advised O'Kane to get out of the assigneeship and O'Kane asked him to show a way whereby he could do this without friction or dam aging responsibility. Doyle replied that he could not act for or advise him because he was attorney for the ad- verse interests of Peter J. and Marga- ret. O'Kane thereupon employed Frank J. Sullivan of the firm of Sulli- van & Cole, and Sullivan filed suit at tacking the validity of the assignment by Daily & Hawkins to him. The as alignment papers had been drawn up by General Barnes and had been sup posed to be fireproof. Immediately after the institution of this suit the Hl- bernia Bank intervened with suit to Iirotect a claim of S500O which 1t held against the firm.
 When the issues came to trlal JudRe Daingerfield of the old Twelfth Dis trict Court made a decree that no es- tate could lapse for want of trustee and ordered O'Kane to reconvey all the real estate of the firm back to Daly &, Hawkins and the personal property to the Sheriff From this judgment the Hibernia Bank took an appeal to the Supreme Court and tied up the