The Honolulu republican. [volume] (Honolulu, T.H.) 1900-1902, 1901-08-25
LETTER FROM KlG00H
II REPLY TO FITCH
HISTORY OF GUARDIANSHIP or
JAMES LOVE FROM TIE
RECORDS.
Proposal e compromiss That Was
Rslsesse - tire egsr6isp-Flseh
Accused e csssins = Slice Ct
Loves Estate.


Love guardianship until after Judge
Gear had given his decision. bat In vie~
% the attack q Thouzs Fitch upon ~
ID bis address % the Court and the pub
tcify Eiven thereto. and the attitude Of
TIE press. ] an constrained 70 make 3
statement 81 matters which are well.
though not generally. kuoEn
As the matter stands before the Court
under the petition fled by Mr. Fitch
The ouiF ouestion properly for considera-
ton j. whether or not the guardianship
should be terminated and the property
turned back 20 Mr. Love. All reference
o. miscondEct vas entirely irrelevaut
and had nothing 20 DO Eith the case.
4lr. Fitch's opinion Of me or ms opinion
% him has nothing 20 Do Eirh whether
o. not the guardian vas legally appoint
- OF whether Mr. Love has reformed
All ] have % say with references 10 Mr
Fitch's CHARGES a. 10 Improper condnci
IN the management Of this estate is that
they are slanderous and in every RS
pect untrue. and ] an truly sorry 10 Sc
man Of his years 80 utterly depFaved
and - lost 70 every principle Of honor
as 70 make such statements. 10 view 81
his knowledge Of the facts.
tegan az the very inception Of nv
guardianship 10 try and have Mr. lore
live az some other place than Mrs Ros's
"aA Aa1 lt-AHAHHaHM OF UaaIes TOT tLEhHFN
even we're ayailing 20 get him 20 10 do
Being satisfied that nothing short OF
physical force and actual violence would
succeed in getting him 10 leave Mrs
hce's. and feeling that | was not justi-
ned IN res0rting 10 such extreme meas
ures. ! allowed him 20 remain. I felt
that should ] take him away BIZ force. as
possibly | had the right 10 do under the
law. the charge would be al once made
that ] was tyrannical and irving TO in
terfers with Mr.. Loves personal liberty
lie certainly knew and still knows what
physical comforts be desires. and claimed
that be had the right to select his assOei-
ates and 70 live in whatever manner he
pleased. 50 long as ne confined himself 10
the amount allowed him by the court.
Thus matters stood when on the 9TH
day Of November. 1898, Mrs. Annie X
Hart by her attorneys. filed a petition
in court for an order requiring me 70 take
Mr.. Love from Mrs ROe's or show cause
why / should not do so.
Upon the receipt Of this petition
considered il was my duty 10 employ
counsel 10 represent Mr. Love. and an
piled for an order Of the court in the
premises. which was granted. and Mr.
Love was allowed 10 have the counsel Of
his choice and ! took no further part in
the matter. The case was finally dismiss
ed without a hearing
On the Sth OF August 1896. James
Love. by his attorney. W A. Kinney, ap-
piled 10 the court for leave 10 be granted
10 his daughter 90 occupy the house on
King street free Of charge. stating that
the same was his earnest desire aud wish
and that the guardian properly declined
so consent thereto without leave Of the
court. which order. slightly modified. was
granted over nv objections.
Now. while | do not feel called upon
10 justify at this time anything | have
done as a guardian Of Mr. Loves estate
| viii say that everything done has been
with the sanction Of the court after full
Investigation. The amount that | was
permitted to give Mr.. Love was limited
TO 81 per week by the judge. who gave
the accounts his personal inspection and
went very carefully into all the matters
pertaining 10 the estate. as the following
from the records of Wednesday June
oath. 1896. show:
Mr.. MagoOn, guardian. in person.
James Love, ward. is also in court The
court gives oral instructions TO James
Love and orders the guardian TO pay
cash allowance and 81 per week for board
and lodgings"
In addition 10 the 81 allowance, Mr..
Love always had enough to maintain him
self decently with and also additional
special allowances from time TO time.
So far as physical comforts were con
cerned. be did not complain. but that he
did not have money to squander is GER
tainly true. When I took the estate il
was Of the value Of about $4,000. and
Mr.. Love was about IS 600 in debt. Now
the estate is OF the value Of about $50
600 and MFR. Love is about $1,000 IN
debt OF course this accession TO the
estate comes from the increase in the
value OF real estate. but there can be
little question that Mr.. Love would not
have this real estate today had a guard
ian not been appointed for him. At the
rate he was going through with this
property Il would not have been long. If
the past could be a just guide to the fu-
tnre. before he would have Invested him
self Of every dollar.
charge Mr.. Fitch's malicious utter
ances against myself 10 the fact that
refused 30 De a party 10 permitting Love
20 divest himself OF about $4,000 worth
Of property under the following plan;
During the progress Of the trial. after
I had c0ncluSively shown Mr.. Love 10
have been an hRhitual and confirmed
drunkard. Mr.. Fitch handed 90 Judge
Gear letter. and at the same time one
to me. stating that one was copy OF the
rcads as follows:
HoSoLuLU. T. H.. Aug "A. 1901.
"Mcssrs. Megoon & Thompson Attorneys
az law. Honolulu;
Gentlemen 81 propose the following
settlement and compromise Of all mat.
tres IN contraversv IN N James Love:
First: Termination by consent Of
spendthrift trust 70
''Srcond Ileed 10 Mrs Hart and her
brother Of life estate In King street prop
erty occupied By her.
Third ); DEED % Mrs Roe Of Emma
street property.
Fourth Mortgage by james Love Of
King and Kekauiike street property for
$4,000 az : Per cent. Money % Be used
in rsyinr balance due Mr.. MACON OF
about 81 600. $50 note. snd aay. other
debts 81 Mr. Love. including that due nss
counsel. balance 20 Be retained ~ Sit
Love.
fifth: DEED by James Love % trus-
tee e b. named By the court Of al his
remaining property in trust 70 extin-
ruish the lease % Emneluth % is feet
On southwest corner Of King and kekan-
like streets on the heSt terms. Trustee
then 20 lease balance Of northeast lot 20
heSt advantage and. % sell southwest bot.
To nay og $1,000 fnortgage. and % invest
hsiance q proceeds q sale In u,ortezges
en- Honolalu improved real estate. tie IN
terest as also tie rents Of northeast and
southeast corners 10 70 70 Jas Love dur
inc his life. Al bis death these corners
10 - sold and their proceeds with TIE
pnaoeeds q the morkEakes and secerltT
e Il turned into cash and 80 one-hah 70