The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1902-10-07
SWORE TO WHAT WAS
UNTRUE SAYS
STANLEY
AEFIDAVITs FILED TODAY IN
WHICH IT is CLAIMED COLBURN
WAS AWARE OF PENDING SUIT
AGAINST KAPTOLANI ESTATE.

Ex-Judge w. l.. Stanley swears that
John f. Colburn, manager of the Ka-
pioIani Estate, swore to the thing that
is not in his affidavit yesterday in sup
port of a motion to reopen the de1ault
in the case of M S. Grinbaum & Com
pany VS.. the Kapiolani Estate. stan
ley this morning filed a counter atnda-
Wit in which he declared that Colburn
swore to what was untrue, KNOWINGLY
and A. Gartenberg filed another aftl-
davit contradicting the statements
made by Colburn.
The default against the Kapiolani
Estate was for about 5000, in a suit
brought by Holmes & Stanley, for M.
S. Grinbaum & Company, the defend
ants failing to file an answer to the
suit within the time limit provided by
law. Yesterday Colburn filed motion
to reopen the case, stating that he had
a defense to make, and that the only
reason why he had allowed it to go by
default was that he had forgotten TO
file an answer. In his counter aIhuaVlI
Judge Stanley says:
"That the affidavit of John F. Col
burn filed in this court on October 3rd,
1902 is and was to the knowledge Oh
the said John f. Colburn at the time
of deposing to the same, false and un-
true in so far that it states that de-
moment entirely and absolutely forgot
the subject of said paper copy of sum-
mons and complainD and of said action
until the third day of OCTOBER, l9Oz'
and that deponents attention was on
the said third day of October first call
ed to said papers and the supJect Oh
said suit 1after the 18th day of Sep
tember). and that said subject was
first after such last mentioned date re-
called to the memory of this deponent
by one of the clerks in the office of sald
defendant who then and there, to wit,
on the said third day of October, re-
ported to this deponent that defend
ants default had been entered in salu
action, and judgment rendered agalns'
said defendant in pursuance OF SAID de-
fault:' and also insofar as 1t states
that deponent's entire forgetfulness OF
the fact of the bringing of said action
is the sole reason for the failure of the
said defendant to appear and answer
the same prior to the return day here
in.
"That on or about the 18th day OF
September, 1902 and in the forenoon OF
said day, this deponent met the sale
John f. Colburn on Kaahumanu street
IN Honolulu on the sidewalk outside
the office of Schaefer & Company anc
that a conversation in reference to the
between deponent and the said John F
Colburn."
The affidavit says that Colburn dis
cussed with Stanley the compromise o
the suit by payment of $500, and tina
Stanley opposed the compromise. Stan
ley AYERS that twice during the weel
beginning with September % he dis
cussed the matter with Colburn anC
that Colburn admitted the defendan
corporations liability and never dis
puted it UP to yesterday, when he FLEE
the affidavit that is said to contain tn
false statements.
The affidavit of A. Gartenberg, o
Grinbaum e. Company, states that h
met Colburn on Friday, September q
and again on Tuesday, September 81
and that the suit against the Kapiolan
Estate was discussed both times. Th
subject was brought up by Colburr
says Gartenberg, the manager of tn
astate, referring to the compromise of
fer and asking if Stanley had told hir
of it. Gartenberg replied that Stanle
had advised him to reject it and tina
he had followed his attorneys advice