The Honolulu republican. [volume] (Honolulu, T.H.) 1900-1902, 1901-08-09
HOrLE NEARLY GETS ''PaOTEGTl0N"
GUARDIANSHIP CASE KEEPS THE
COURT SITTING ALMOST
TO MIDNIGHT.
-cousissoss lnesrissy- Or ~inssNIes.
tiOn BY JuSsapOsisioo. oo.--cOunssl
Wakes Elosuens--A Man Hss a
Right to Spend His Income.

Some remarkable testimony came
out in the James Love guardianship
case before Judge Gear yesterday al.
ternoon and evening.
In the afternoon. Just before court
took recess Tor supper. Witnesses for
the plaintiff had all testified ana al
o'clock in the evening. when the case
continued. defendants witnesses were
put on the stand
Attorney F. E Thompson called
Harry Flint. the waterfront police
man. to the box first Flint was pre-
pared for a siege Of questions from
both Thompson and Magoon and the
plaintiffs attorney. Colonel Fitch. The
siege, however ufd not come.
Counsel got into a wrangle over evt
dence and the result was that Flint
left the stand. having had almost uoth'
ing to say.
The argnmst- al. counsel was over
the question as to whether the CON-
pany kept By the old gentleman.
James Love. had anything to do with
his being a spendthrift or unable to
look after his own interests
Thompson had asked witness wheth
er he had ever seen Mrs. Roe in an
intoxicated condition Mr. Love. Il
viii be remembered. had been living
with the Roes for the last seven years.
Fitch objected to the question. on
on the ground that it was irrelevant.
incompetent and immaterial.
Magoon delivered an eloquent argu-
ment based on the old saw that a man
IS known by the company he keeps.
Colonel Fitch's response was more
than eloquent. He showed that a man
could not be placed under a spend
thrift trust on the bare feet that he
was a drinker or had bad habits II
had to be shown that he wasted his
substance and brought those depend
ant upon him to want. The spend
thrift trust was a creature OF statute
and in placing a man under such a
trust the exact law should be consider
ed and nothing else It made no diff
ference what company a man kept as
long as he was capable OF handling bis
own affairs.
The eloquent attorney. IN a grand
burst OF rhetoric. went on to say that
It counsel was going to prove that
Loves associates were drunkards. aud
Intended to show by contiguous Inc
briefly. kind OF intoxicated juxtapo-
sition. that. therefore. Love was a
drunkard too and the Kind Of a drunk
ard that could not look out FOR his own
interests. that vas one way OF getting
at il. but. he thought. the question as
20 the sobriety or fnsobriety of Loves
associates vas immaterial
There vas some learned argument
as to what constituted a real good
drunk and what a mans propsnslties
were while he was under the influence
Of strong drink.
Some technical point vas under dis
cussion. It needed illustrating Com
sci did not seem to understand each
other.
You must knox how Il feels 70 bs
drunk" said Thompson to coione
/ Fitch.
4 am sorry to say. said the opts
! mistie colonel. that have really
never been drunk Il is hard or ne Il
, appreciate. therefore. the grand wave
of optimism which sweeps a mans BE-
ing when he IS IN that exalted condt
ton. I hare never really had ihl
pleasure Of being sioEionsly drunk
: The Colonel then quoted a few apprc
a pirate lines from Bobby Burns. Il
!. which The happy state of exalted intoz
lcation Is apsiy described.
e And you have never felt that your
: self. colonels- asked the Court witi
= compassionate Smile
<rss. - ,~..s... -.