Evening bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1895-1912, 1900-03-13
ATTORNEY MAGOON'S REPLY

Editor Evening Bulletin: is
sue of the 10th inst, under the title
Rather a Rebuff" contained the fol-
lowing statement:
when the three cases of the Board
of Health against J. A. Magoon were
called in the police court today, the
prosecution asked for continuance
until Tuesday on account of the ill
ness of A. G. NJ. Robertson, attorney
for the Board. His physicians re-
fused to allow him to leave his bed.
Mr.. Magoon opposed the continu-
ance. He was ready to defend the
cases and wanted an immediate trial.
Judge Wilcox's temperature rose at
the importunacy of the defendant. He
reminded Mr.. Magoon that as an at
torney in other cases his requests for
continuances were habitual and inter-
minable. Professional courtesy If
nothing else should dictate compli-
ance with a request for continuance
on behalf of brother attorney who
was confined by illness. The cases
would go over to Tuesday"
The statement that the Court re-
minded me that as an attorney in other
cases my requests for continuance
were habitual and interminable, is a
malicious falsehood and cowardly at
tempt to do me harm. Your reporter
does not alone directly falsify, he also
intentionally suppresses the truth to
place me in false position.
The charges in the matter were first
10 oil
inst. l then asked for a continuance
until the following Saturday on the
ground that Mr.. Neumann, who had
agreed to represent me, was confined
to his room with severe illness. Mr..
Robertson contested the continuance,
stating that the cases were urgent and
that II one counsel was i'll another
should be employed. In this the Court
concurred, but said as 1t was the first
time the case had been called, he
would grant a continuance until Fri
day, not Saturday as ! had requested.
On Friday Mr.. Neumann was still i'll.
but knowing full well that this would
no longer be sufficient excuse for me
to ask for continuance, | appeared,
ready for trial. Now, however, the
boot was on the other leg. Mr.. Wilder
appeared and stated that Mr.. Robert
son was sick and could not be in Court
until the following morning My re-
quest for continuance had been con-
tested, although the only ground upon
which had based II was the illness of
my counsel. |, however, did not re-
taliate. ! at once consented and be-
cause 1t appeared to me, from the con-
dition of the calendar, that the case
would not be reached in all probability
the next morning, | asked to have it
stand over until the following Tuesday.
This Mr.. Wilder strenuously opposed,
and in spite of all could do the case
was set for the next morning. The
next morning, when the case was call
ed, Mr.. Wilder arose and asked for
further continuance as Mr.. Robertson
was still sick, stating that he, Wilder,
had been busy the day before and had
not prepared for the case. This was
too much for me. 1t was the third time
/ had appeared, and stated that had
the day before asked to have the case
go over until the following Tuesday,
and as II was denied, | had at great
personal inconvenience, changed my
engagements to be present in Court,
and wished the cases to go on. The
Court said: 81 will put the case over
until Tuesday" and added that mas
much as during the time was i'll, cases
had been repeatedly been continued for
my benefit, he was little surprised
that ! should oppose a continuance
when attorney was Ill.
Without disputing the statement of
the Magistrate, which was extra judi
cial, will only add that during my
illness | was represented by associate
counsel and | know of no reason for
continuing cases on my account unless
my testimony was required.
J. ALFRED MACON.
Honolulu, March -, 1900.