The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1901-08-06
WOULD DUST
MACON
James Love Wants
Guardianship
to Cease.
WOMAN MAKES A
SCENE IN COURT
Says Children Are Starving--Al
legged Widow OF James Hunt
Claims His Estate.

James Love, spendthrift, with some
fifty thousand dollars in his own right,
| cooking and baking for a living this
was in brie, the testimony brought out
in the Circuit Court yesterday after
noon in the action brought to terminate
the guardianship OF ]. A. Magoon.
Love. in his petition. makes charges
OF mismanagementa against Magoon and
claims also that the latter is admins
tering his property in the interest OF
his alleged daughter Mrs. Anna Hart.
Thomas Fitch appears for Love. and
Magoon was assisted in his defense by
F. E. Thompson.
John Richardson was the first wit
ness on the stand yesterday when the
case was called for trial. There was
some objection on the part of Mr.. Fitch
to the presence of Mrs. Hart, he claim
ing that she was not a party to the
suit, and should be excluded with the
remainder of the witnesses. Judge
Gear held. however, that Mrs. Hart was
a respondent according to Fitch's own
statement, and allowed her to remain.
Richardson testified that he had
known Love for three years, and had
often visited him at the Roe home on
Waikiki road. He said he had never
seen the plaintiff under the influence Of
liquor.
Representative John Emmeluth was
next called to testify as to his trans
actions with Magoon. relative to some
property belonging to Love. During the
course of the examination both the
witness and defendant used some rath-
er harsh language in speaking of each
other. Both were free in their accusa-
tions that the other had attempted to
throw him down.
Emmeluth, it seems, holds a lease on
certain property on King street owned
by Love. He also owns property in
that vicinity which adjoins other land
of the plaintiff. and it appears that
they had been trying to make a trade,
by which Emmeluth was to cancel his
lease to certain of Loves property in
consideration of a lease on another
portion. The plaintiff claims that if
this could have been done Love might
have sold his land for $25,000 Magoon
in his examination of Emmeluth asked
if he had not been holding this lease
as a club to force the making of new
lease, which insinuation the witness in
dignantly denied and intimated that 1t
was Magoon who was trying to force
him to a deal. The court finally ended
the controversy, which threatened to
become violent, by telling the attorneys
to proceed, remarking that the court
was not the place for Magoon and En-
meluth to air their real estate deals.
l. c. Reid testified that he had known
Love for three or four years and had
seen him several times a week during
that time.
He generally saw him at the Roe
home and never founa him under the
influence of liquor. On cross -examina-
ton the witness testified that when the
liquor was passed Mr.. Love would re-
fuse it If he had had enough. The wit
ness defined this stage as when you
get sufficiency" when your appetite
is satisfied, and when you dom want
any more"
JOhlT- Is. heTI1ldilIl SdIu lie IeSlsleu fleAl
door to the Roes and saw Love about
once a month: did not see him under
the influence of liquor. Once he was in
a Jolly mood, singing and shouting. He
testified that he had seen him working
about the kitchen, and understood that
he was the family cook.
William Lions, who had married a
daughter of Roe. testified that he had
seen Love about once a week for the
mast wear, but that previous to his mar
riage he had called at the Roe home
every night He testified that he had
never seen him under the influence Of
l1iouor. This witness also testified that
Love was generally in the kitchen. He
didn't know whether he was working
for his living or not.
w. C. Roe said he had known Love
for twenty -four years, and that he had
| lived at his house since 1894, as
boarder, paying a dollar day for the
privilege. He testified that Love drank
whenever he wanted to, but in the
twantv-four years he had never seen
him under the influence of liquor. He
| defined a drunken man as one who
when he is intoxicated is unable TO
| take care of himself When pressed
for a furtner definition by defendant ne
eoid he was not "studier of the die
+;onarv" He said he had been intoxt-
| atad once twenty years ago, and that
no could drink more than could Mr.
Love. Witness also testified that Love