The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1901-08-27

~ II L i'm W d-S AACI PNN--1-
ed in full by the paper TO whom
q Mr.. Magoon lately sent it and was seer
q by so few people that the Advertise
Z has been requested to give it publicity
q The complete text follows:
Editor Advertiser: | had not intended
10 say anything to the public in the
z matter of the Love guardianship until
after Judge Gear had given his deci-
sion, but in view of the attack of Thomas
FITCH upon me in his address to the
Court and the publicity given thereto, and
y the attitude of the press, am constrain-
ed to make statement of matters
] which are well, though not generally,
3 known.
As the matter stands before the Court
4 under the petition filed by Mr.. Fitch the
only question properly for consideration
! Is whether or not the guardianship
should be terminated and the property
turned back to Mr.. Love On July 5th
/ Mr. Thomas Fitch behalf of James
Love filed a petition which begins as
follows: James Love above named petit
. tons this honorable Court and upon the
flles and records in this case and upon
this petition and evidence that may be
offered in support thereof. asks that the
guardianship created herein by decree
OF this Court on the 14th day of Feb
ruary, 1885, be terminated and that your
petitioner be now restored to the owner
ship and control of his property"
The petition then continues: Your
petitioner shows that the conditions
! which existed on the 14th day of Feb
ruary, 1855 have long since ceased to
exist. That for five years last past your
petitioner has lived on an average of
sd25 per annum, and has acquired habits
of economy
There is no charge in this petition of
any misconduct of any description on the
part of the guardian. I answered deny
ing that James Love was competent to
manage his own affairs, alleging that he
was under the domination of a person
of Incorporate habits and not a fit per-
son to dominate and control him and
that / used every means in nv power
except physical force in trying TO induce
him to renounce said person That James
Love was habitual drunkard when he
was placed under guardianship and was
squandering his estate in reckless dis
regard of his future interests and well
I fare, and that he had not reformed other
! than being cut off from the unrestrict-
ed use of his money
| On the 18th day of July a supplemental
petition was filed by Mr.. Fitch in which
ne makes charges against me as guard
IAN The prayer of the petition being
for the termination of the guardianship
all reference to misconduct was entirely
| irrelevant. and had nothing to do with
| the case. Mr.. Fitch's opinion of me or
my opinion of him has nothing to do with
whether or not the guardian was legally
| appointed or whether Mr.. Love has re-
formed. All l have to say with refer
ence to Mr.. Fitch's charges as to i'm
proper conduct in the management of
! this estate is that they are slanderous
and in every respect untrue, and he
! knows il, and | am truly sorry to see a
man OF his years so utterly depraved and
| SO lost to every principle of honor as
| to make such statements.
! | began at the very inception of my
guardianship TO try and have Mr.. Love
. live at some other place than Mrs. Roe's
| but no persuasions of mine nor threats
even were availing to get him so to do
! Being satisfied that nothing short OF
| physical force and actual violence would
! succeed in getting him to leave Mrs
Roe's and feeling that l was not justi-
fled N resorting to such extreme meas
! ures l allowed him to remain / felt
| that should I take him away by force as
possibly l had the right to do under
| the law, the charge would be at once
made that l was tyrannical and trying
to interfere with Mr.. Loves personal
| liberty. He certainly knew and still
sires and claimed that he had the right
/ to select his associates and to live in
whatever manner he pleased so long as
I he confined himself to the amount al
| lowed him by the Court
| Thus matters stood when on the 7th
( day of November, 1893 Mrs. Annie
K. Hart by her attorneys. Kinney. Bal
lou & McClanahan, filed a petition in
which the following allegations appear:
! That prior to the appointment afore-
said Of said guardian said James Love
/ was wasting and spending his property
and the profits and issues thereof and
was an habitual drunkard living with a
/ certain annie Roe on Beretania street
J in the City of Honolulu, Island of Oahu,
and was under the influence of said
Annie Roe.
That by the appointment aforesaid of
/ said guardian said spendthrift has been
restrained In the waste and expenditure
/ of his property and the rents and issues
( thereof, but at this time and ever since
the appointment of said guardian he has
remained still living with and under the
control Of che aforesaid Annie Roe.
That the influence and control of said
Annie Roe over said spendthrift is great
and is being continually exercised over
said spendthrift.
That your petitioner and her children
have been denied access to the presence
( of said spendthrift time and again by
the said Annie Roe who remains the con-
slant attendant of said spendthrift at
/ the home of said Annie Roe and that
said Annie Roe refuses to permit or al
low said spendthrift to be seen by your
petitioner or her said children except In
the presence of said Annie Roe.
THAT your petitioner believes and al
leges that the influence of the said Annie
Roe is being exerted and win continue to
: be exerted over the said spendthrift to
petitioner harm and detriment just SO
! long as said spendthrift is allowed to re-
main at the home of SAID Annie Roe.
That your petitioner has requested the
guardian of said spendthrift to remove
said spendthrift from the control OF sad
Annie Roe, but that said guardian re-
fuses so to do.
therefore, your petitioner prays that
an order may issue out Of this honorable
Court directing said ]. Alfred Magoon to
take said spendthrift from the control
of the said Annie Roe and into his own
custody and control, or to appear before
this Court at some day to be fixed in said
order and show cause if any he have
why such order should not be obeyed"