The Honolulu republican. [volume] (Honolulu, T.H.) 1900-1902, 1900-11-28

case. and I said to her ! have y u
come here for that purpose ] said
came as friend of her husband ; anc
usaut wish 10 hear anything abo.it
the case. that I only came with one
object in view, and that was to recon
rfIe her with her husband | tn
every argument for the purpose q
getting her to 20 back She sand she
did not think her husband wanted her
hack. and 7 said: You are mistaken.
Mrs.. Miner. he DOES want you back
Ms. Miner said. He has not at
tempted to see me And | said II Is
because Of the injunction of the eoIrt-
he Is afraid TO talk to you. but | am
sure as soon as be finds out that lis
wtfe would axe to hear from him ne
will write. labored with her all the
tine was there fingered for the
puru-ose OF getting her TO consent %
something that would look towards
reconciliation. but / went away with
ont much hope. I do not remember
anything she told me about the case
She saws she told me about the Incl
dent OF leaving: do not remember =
She had on a thin dress and she
showed me her arm. that is all ! re-
member. Afterwards went to Mrs
Damon and did all could 10 get her
TO become reconciled. and ! further
told DIR. Miner | would have nothing
70 do with his case at that time, and
no. until ii was found that reeoncilia-
ton could not be effected did 4 agree
to act for him. not until il seemed
nothing could be done II was through
nv efforts that DR.. Miner wrote this
letter. and the only thing | said in tn
presence of Mrs. Miner. and | say II
on nv own responsibility as human
being to God Almighty. was to get her
to return TO her husband and without
getting anything out of her in regard
to the case.
By the Court:
@. You had not been employed by
the doctor?
Mr.. Magoon: No. ] absolutely re
|. fused to have anything to do with
the case at that time.
The Courts Findings.
BY the Court: The court thinks 1t ]:
! always commendable in any citizen tC
! try and promote domestic peace anC
happiness, and to prevent domesti'
/. discord and friction. An attorney VIII
] -oes that occupies an enviable po
D sition. He is TO be commended for i
a like any other citizen. But. having
once assumed that high position n
= can very well afford thereafter to den.
{ himself the emoluments which re
{ ltainer in a particular case may brini
I him.
5 | am satisfied from the frank ant
0 candid statements of Mrs. Miner
: which are exceedingly to her credit
/ that Mr.. Magoon was not inspired D
2 any improper motives in making tn
visit, but. on the contrary, as stated o
e Mrs. Miner, his family and hers ha7
' for long period of years, been %
terms of social intimacy, the defen'
ant having been Mr.. Magoon's famil
physician. Inspired by high regar
for both parties, and moved by ger
erous and noble impulses, Mr.. Magoo
sought to bring this unhappy cou d
u together. While tn is true. yet o'
liieve an attorney who essays 10 max
II peace as between such separate
couple places himself in such ~
ls,tion as to render it highly improp'
" for him to accept a retainer froi
:, either of the parties thereafter
"a woman occupying the position TIL
I" plaintiff occupied at the. time of IN
visit to her by MIR. Magoon-emba
d raised. unstrung, nervous. in hot'
, away from her home. and not KNOWN
e what her fate would be-was in
IL position where her emotions might /
! easily aroused and played upon. an
D In a position where she would Civ
n anyone whom she thought might b
come her champion her full and unr
i served confidence.
q II this matter had been brought
the attention of the court at an Garlic
stage of the proceedings-not becaus
it feels because it does not feel TIL
l way) that Mr.. Magoon acted imprope
II ly. but because it will not premit Il
administration of justice to be brougl
into disrepute by a system or cours
st of conduct on the part of attorne;
lie which is calculated to bring abo'
that end. the court would have re
constrained to have asked Mr.. Magoo
to retire from the case. and likewi:
Mr.. Thompson. who is his clerk. =
n feel fully satisfied that in this ca:
there has been no intentional wron
but a mere improperly at most, ar
n IL such an order were now made gre
injustice might be done to the defen
ont The court will drop the matt