The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1901-08-09

he thought the estate was worth about
500, 900, and before the fire it was bring
ing in an income of 5000 per month. At
present witness did not know how
much it was bringing in, but that his
Emma street property was leased at
500 month, but he only received S44
a month. Witness said he had been
temperate for five years, and drank
only in moderation. He said he had
never been drunk. 81 feel like l am
able to manage my own business, ana
want to be a free man. He said he
could sell part of his property for $685.
0OO
This closed the afternoon session, and
court adjourned until o'clock, Judge
Gear refusing to allow non-suit by
defendant, because evidence had al
ready been taken.
MIR. MACON HAS a HARD TIME.
J. Alfred Magoon experienced very
bad hour and a half on the stand last
night in the Circuit Court, IN attempt
ing to explain to the satisfaction or
Judge Gear his administration Of the
property of James Love.
Mr.. Magoon went on the stand in his
own behalf about 10 o'clock ana re-
manned there continuously, the subject
of fierce cross fire from the court
and Mr.. Fitch until court adjourned,
just before midnight.
He denied having any conversation
with Mr.. Love regarding the spend
thrift trust at the time of his appoint
ment as guardian He testified that at
the time there were mortgages against
Mr.. Love amounting to over $4,000,
which he paid. He stated that MI
Love still owed him over $1,000. When
he took the estate the income was $3.50
a month, which was reduced by the
sale of the Waikiki property, TO $40
a month. At present the income Of the
trust is $50 a month. because of the
destruction of part of the property by
fire.
The property on King street is worth
from $4,000 to $4,000. without encum-
brances; other properties are worth
from $4,000 TO $4,000 There are en-
cumbrances IN the property in the
form of leases held by Mr.. Emmeluth:
Then there is another lot on Emma
street, worth from $4,000 to $4,000, and
a life interest in a King street resi-
dence. worth from $1,000 to $1,000. Love
has property worth from $4,000 to
$4,000, with the membranes.
That ought to bring him in $500
month"; asked the court.
If it was sold 1t would bring about
$3.50 a month.
The Court-'Then. he is getting only
$40 a month for what ought to bring
s25O?"
Witness-"No; about $50 a month.
I'm trying to negotiate new leases that
will bring in S175 month, in addition
to what 1 am getting now. The court
fixed the limit at 81 per week for Mr..
Love"
Did the court order you to increase
the principal with remainder of the in
Gomez" asked Judge Gear.
No; but Mr.. Love had a good many
debts"
Did the court tell you you should
keep him below his income, and save
the principal for posterity?"
NO, not exactly; Love had every
thing he wanted; he was better dress
ed than some men having hundreds of
thousands of dollars"
The Court-"Don't you think a man
has a right to spend his income, under
that law?"
Yes, I guess so; Mr.. Love was
squandering his estate, and not confin-
ing himself to his income"
Mr.. Fitch-"Why shouldn't all Mr..
Loves property be turned into cash,
and a life annuity purchased for him.
Mr.. Magoon-"I don't think that
should be done. He has children, be-
gotten by him, and with the stain of
ilegitimacy, and they have the highest
moral claim to the estate L don't think
he should disregard the rights of these
, children"
The Court-"Why shouldn't Mr.. Love
be given money to jolly around, if he
wants TOP
Mr. Magoon-"If Mr.. Love had been
allowed to run his course he wouldn't
have a cent now. He's a man who
hasn't any idea of the value Of mon
ey."
Witness testified that Love never
came to him when he was drunk, but
often came for money to buy liquor.
The 81 were for cigars; clothes were
bought by the witness.
! Witness-"He was staying at Mrs.
Roe's for year and half"
! The Court-"He couldn't very well
| stay at the Hawaiian Hotel for 81 d
week"
Witness--"No: he seemed to get
along all right there. I have other
wards that get along on less than
that"
The Court just wanted to know
what accommodations you can get for
81 week"
! Witness-'I wanted him to go to
! Harris, or to the Arlington Hotel, any
thing to get him away from Roe's.'
Cross Examination am guardian of
| James Love.
Q-Whose interests have you guard
ed in this guardianship?
A.-Mr. James Loves.
Wv no IL your CIleIl III lHiS case
A.-James Love.
Q.-There must be some mistake,
guess Don't you represent Mrs. Hart?
A-Only so far as her interests coin
eide with those of Mr.. Love. If they
conflict with those of Mr.. Love,
should not serve her.
Off Mr. Love should ask you to
obtain a life annuity, would you get
it for him?
Mr.. Fitch read from the court rec
ord a statement from Mr.. Magoon, in
; which Mr.. Love consented to a guar
dian If everything was expunged from
, the petition except that part referring
70 him as spendthrft. Mr.. Magoor
said he did not remember; didn't thinl
he meant to expunge the allegation o.
, drunkenness.
Mr.. Fitch-Don't you think. Mr.
Magoon. you We're misled as to this al
, legation?
Al won't say; I don't believe so
This concluded Mr. Magoon's testi
mony, as plaintiff wished to secure
, notes of his evidence.
The court adjourned at this point II
, the proceedings.
THE EVENING SESSION.