The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1902-07-30
A CHANGE OF
PAWN BROKERS
TOM FITCH'S NEAT THRUST
AT GUARDIAN
MAGOON.
ATTACKS VALIDITY OF ORIGINAL,
JUDGMENT.
zone Swallow Does Not Make a Sum-
mer and 1t Takes Many Swallows to
Make a Drunk"

Thomas Fitch has filed a brief in the
Rebecca Panee matter, in the Supreme
court, setting forth reasons why he
thinks that Becky should be discharged
from the spendthrift trust Fitch relies
greatly on the trust deed which she
has made, whereby she will not be in
control of much of her property even if
released.
Fitch claims that the original petit
tion to declare Becky a spendthrift was
allowed improperly. 1t was granted on
April 13, 1S93 and the petition was not
verified and filed by Magoon until the
following day, when there was filed
with it a waiver of service and notice
of hearing by Becky. OF this proceed
ing Fitch says. -
1T is not within the power of even a
court of record to render a judgment
without any pleadings on file, and the
defect in such a judgment cannot be
caused by a subsequent filing of a COM
plant and waiver. In the celebrated
Cape Nome case Judge Noyes was not
only reversed but removed for having
heard an application for an injunction
and a receiver and granting the same
before any complaint or bill was filed"
The only testimony that Becky was a
spendthrift was that of Magoon, says
Fitch, to the effect that "She is apt to
get under the influence of liquor and
then feels very wealthy,-in fact she is
a spendthrift." Fitch also says that
the testimony is overwhelming that
Becky has reformed, only one case
even approaching intoxication having
been shown in the past two years, and
the colonel says "One swallow does not
make a summer, and it takes many
swallows to make a drunk"
AS to the charges of debauchery
made by the guardian, Fitch says: The
only thing which resembled evidence on
this, his accusation of debauchery, was
his statement that at the earnest in
sistence of the petitioner he paid 5000
to her male companion, which he as
sumed was expended in debaucheTy
and it turned out, on Mr.. Magoon's own
cross examination, that the money was
not paid either to Becky or her COM
panion, but to the pawn broker, to re-
deem diamonds and jewelry pledged by
the gentleman, and that Mr.. Magoon
as guardian of Becky took the col
laterals and held them. This, so far
from being evidence of debauchery was
evidence of thrift, for the jewelry must
have been worth more than 5000 or the
pawnbroker would never have loaned
that amount for it, and the Lothario, if
he was a Lothario, gained nothing from
his inamorata except change of pawn
brokers'" ...
The attorney for Becky argues thai
the law is that a spendthrtft trust may
he dissolved when it is no longer neces-
sary, and he concludes with the fol-
lowing plea based on the trust deed just
made by Becky:
What is the object of a spendthrift
trust? Is. it to protect the drunkard
from wasting his estate, or is it to help
a trustee to fees? In the State of Mas
sachusetts, where the law originated,
nobody can put it in motion except a
dependant relative who will suffer by
the drunkard's waste, or a relative who
will be legally responsible for the
drunkard's subsistence, or the Mayor or
Selectmer of the town which may be
charged with his support. Here it may
he put in operation by any person who
may designate himself as friend of
the tippler.
Il do not intend to question the mo-
tives of Mr. MagOon in obtaining or in
seeking to hold on to the guardianship
of Rebecca Panee. l believe him to be
impelled with an honest purpose to aid
the lady 10 properly care for her es-
tate. But the law is against him and
the facts are against him, and it is
amazing to me that he does not see it
and on his own motion dismiss this
appeal.
"If the judgment is reversed in this
case, Mrs. Panee can apply again and
yet again for the discharge from the
spendthrift trust, or the legislature may
place itself in line with every other
state and territory west of the Missouri
river and repeal the law, ard then she
will be without a safeguard If this
judgment is affirmed the Trust Deed to
the Hawaiian Trust Company Limited,
which is in evidence here, will be inn
mediately operative. She secures by
that deed a handsome home, that she