The Honolulu republican. [volume] (Honolulu, T.H.) 1900-1902, 1901-10-30
COLONEL FITCH Is
after ADMINISTRATOR
Made Large Advances
to Spendthrift
Wards
OVER $1,000 PAID OVER IN THAT Hlf
BRIEF IN HAeEY CURE CASE
REGARDING pIsouAliFlcA-
TON or FERNANDEZ.
Summons For J. a. Masoon In the
Cummings Estate czse-Petition
Is BY 7. Mecants Stewart and Is
For Attorneys Fee.

Yesterday morning the heirs of the X
w Holt estate filed brief. By CoIone
/ Fitch. their attorney. eriticising at length
the different reports of masters and the
administration of the affairs of the estate
Uy Bruce Cartwright. There is a short
age OF $500 owing 10 the large advances
made to the heirs and the report OF
Henry Smith, master. recommends that
the sum be Daid back to the estate. Oh
jectioDs 10 this are filed BY the heirs o;
]. r. Holt and ]. d. Holt. In the
brief the heirs state that the shortage
has come about through over advances
made during the past six years bv Bruce
Cartwright.
Master Henry Smith states that the
period extends back only to August. 1899
the deficit being caused BY the payment
OF $1111.12 to J. r. Holt and S14lT.6a
10 j. ID. Holt. the rest of the estate be-
ing absorbed BY heavy expenses In the
brief Bruce Cartwright is scored roundly
Col. Fitch holding that without any order
of court. he. as administrator. continu-
ally made over advances. offering no ex-
cuse and accounting for these advances
as so much cash on hand. and showing no
security for the loans or means of collect
ing the same: there was not even a scrau
of paper to show that the heirs regarded
the loans as money to be taken from their
income. The brief concludes:
Il submit that the peremptory. OPP
pressive and unauthorized method adont-
ed by Mr.. Smith of collecting the i'm
nrovident loans made by his predecessor
ought not TO be approved by this court
| submit that the collection of this
S2l14.40 if it is TO be collected in this
way. should at least be extended over a
period of several years. and that Mr..
Smith should be ordered to take ont of
the fund of S2114.70 now in his hands
such portion as the court NAV deem
proper to apply TO the payment of Mr..
Cartwrights advance. say one-fourth of
S2114.10. and that the balance of S2114I0
be paid over TO the Hollis. and that the
remainder of the debt be paid bv appro-
priating each year for two or three years
percentage of their income until the
debt shall be extinguished'
A brief. on motion for a new trial. was
fled by T. NJ. Harrison. plaintiff in the
Ilagey coure case yesterday morning. the
brief discussing the length of the alleged
disqualification of Juror Fernandez and
the virtues of the Hagey cure. Answer
ing the defendants claim that the effici-
ency of the cure was ct issue and that
Fernandez knowledge of its worth would
affect his view of the case the plain
tiff says that he never claimed that the
cure would not cure alcoholism although
he did not think the deceit necessary to
carry on the business was ground for
such a business to be unsatisfactory to
one obliged by contract to conduct it.
Just why Juror Fernandez should be
more prejudiced against the gold cure
business when he found that he himself
had been deceived than he would be if
he had only learned that others had been
deceived. plaintiff stated in his brief. is
something defendants counsel have failed
to show. Further arguing. Harrison SAYS
that If Fernandez is held disqualified as
a juror because he was weaned from al
coholism by the cure. it would fol-
low that one who has been vaccinated
could not sit as juror in a case where
vaccination is an issue. and that a man
who thinks liquor is a harmful thing in
the world is unfit TO try a liquor case.
which has been decided otherwise. With
this argument the plaintiff holds that
the verdict ought to stand.
Another summons for j. A. Mago0n
was isuued Yesterday through the efforts
of T. McCants Stewart. in the mater of
the Cummings estate. wherein Stewart is
endeavoring TO get back money belonging
to one of the heirs and which is alleged
to have been taken by Magoon from court
without warrant Formerly the same
matter was brought up by Attorney
Stewart on a motion 80 compel Magoon.
who had possession of the heirs funds
that were in the possession of the Admin
istrator Cecil Brown. to paw him a fee
of $1s0, alleged to be due. On the hear
ing of this motion the court declared that
J. A. Magoon had improperly appeared
before the court and withdrawn from its
custody and control the money and direct
ed that the same be paid back to r. Il.
Cummings. the heir. Judge Gear issued
an order for Magoon TO appear on Friday
morning and show cause why he should
not be ordered TO paw back the money in
question into the corut.
By his attorneys. Robertson & Wilder
Arthur NJ. Brown, former marshal Of the
Republic of Hawaii. has flied a general
denial 20 the COMPLAINT OF tort made by
a.. F. Gouveia and wife against himself
and T. r. Walker. T. May and ]. Us
horne. trustees OF the Episcopal church.
Ex-Queen Lilinokaiani was on the wit
ness stand the greater part of the after
noon yesterday festifying in the equity
matter of the suit brought against her
bv Annie Hiio 10 restrain foreclosure of
mortgage on some M0noa land.
An auction sale of the wines. liquors.
and general stock-in-trasie of the estate Of
the late Henry ConEion has been ordered
hv Judge Gear. Charles Phillips being au-
fhorixed to make such sale.
William Davis who WIS indicted BIZ the
Grand Jury for assault with deadly
weapon. has fled motion for an order
directing the Attorney General 70 furnish
him with a copy of the minutes OF the
grand jury relating to the case. he bases
the motion on an affidavit IN which
he declares that NJ 4. Robinson. wit
ness. has stated that the defendant did
not Err his revolver at the time he Is
charged with having committed the as
sauit~
In the dissolution Of partnership case
Of Hasson IS. W IT. Pairs e al. A.
CARVE has Fled an asswer for himself
He SAYS he signed the agreement but
leaves il to the court Whether his sigma
ture constitutes . co-parfnership. he
also ssases that ke subscribed for ten
shares 81 stock. Tslued NJ $1,000 and raid
over 500 TO the treasurer. hus i unaware
fhsf any further sum Is due from him
nuder the agrpepsenf He eonrludes with
the statement that be thinks il hesf that
ffse aSsoefafion b diSsoried As L = deep
" in debt
Al Injunction was issued yesterday BIZ
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