The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1902-10-21
BECKY GETS
MORE MONEY
Court Gives Thos.
Fitch $3.50
Fee.
BROWN CAN LEAVE
THE TERRITORY
Judge Gear Thinks Supreme Court
Made a Mi take The Lanai
Dispute Again.

day from her spendthrift guardian
through the medium OF Judge De Bolt
To the request for twenty-five dollar,
Iper week as a temporary allowance, and
Cor 81, 900 to be expended for furniture
Magoon made no objection. and tbs
court granted the petition for reim-
bursement for advances and for ex-
penses after the taking of testimony
An attorneys fee Of s1,25o was also
allowed to Thos. Fitch, over the objec-
ton of the guardian.
There was a considerable amount OF
evidence introduced as to the amount
of the fee which should be allowed Mr..
Fitch. Three attorneys were put on
the stand to testify to the value of the
services and two of them said they
woui = pay any amount to
get 80 aua.. iaa not specifying of
course ll4-a.a4 lagoon. Judge Gear
was also put on and told how surprised
he was at the action of the Supreme
Court in reversing his judgment in the
Panee case.
Mr.. Fitch was the first witness and
testified to the amount of legal work
connected with the case, running over a
period -of fourteen months. He esti-
mated the value of Becky's property at
between $50, 700 and $4,000.
Judge Gear was next called and testi-
fed to the length Of time Becky was in
court. He expressed surprise that the
Supreme Court should have reversed
his ruling, stating that in his mind
there was no doubt but what Becky
should be released. 81 didn't think Sc
rious questions were involved said
Judge Gear, in response to a question.
But the Supreme Court did, for it re-
versed me I thought it question of
fact, but they thought differently. I
don't think the statute intended a
guardian for people just because they
couldn't manage their affairs like a BUS
mess man would
Judge Stanley said he estimated the
services Of counsel at between $1,000 and
$500, and added that he had no faith
in the spendthrift law. He said that
if he were in. Becky's place he would
gladly pay $500 to be free from guard
ianship.
On cross-examination Mr.. Stanley
said he based his estimate on the mag
n1tude of the service, interests involved
and the work required. He said in an
swer to a question from Mr. Magoon
that he would not undertake to bid up
on a job of that kind. He also testified
that he took into consideration the
standing and eminence of counsel, and
said that legal services should not be
paid for by the hour. Answering a
question, witness said that while young
er attorneys might be willing to do the
same work for less money, yet Mr.
| Fitch's experience was of value and il
a man wanted to engage an attorney OF
prominence he should be willing to pay
| for it.
| A. G. NJ. Robertson said he considered
$1,000 a fair fee and $500 not unreason-
able He stated that if he was under
guardianship he would be willing K
give all ne had to get rid of the guard
/ ian.
F. NJ. Hatch considered the service:
of counsel to be worth from $500 Il
$1,000, and said he took into considera-
ton the nature Of the litigation and it!
/ Importance to the client.
j. A. Magoon then went on the stand
and testified that the estate was worth
I but $4,000 at the outside. He said h
/ would not give an opinion as to th'
| worth of counsel's services as he con
sidered it unprofessional; and besides
ne didn't believe he was qualified t
express an opinion as he didn't con
slider himself to be of the same standin!
of Col. Fitch. Mr.. MagoOn indignant,
| refused to answer a question put b.
| Mr.. Highton as TO how many estate
he was the guardian for.
! In his argument Mr. Magoon denie'
the jurisdiction of the court TO pas
| upon the question. and admitting that
contended that only a reasonable fe
could be allowed
In this matter it seems to me to b
in the interests Of justice to allow tn
ward to present any objection agains
the guardian to the court" said Judg
De Bolt in passing upon the case. 9TH
ward should not have always starin
her in the face the proposition that sh
must succeed or her expenses will nc
be paid. This would make an appeal
the court almost prohibitive for ther
IS always the prospect of failure.
Sections 1868, 1870, 1875 and 1879 indi
cate that it is contemplated in the law
of the Territory of Hawaii that a war
when he or she feel aggrieved or hav
grievances against the guardian, ma
present the matter to the court, and
seems also that this necessarily car
ried with it the power TO employ cour
sci. 1t does not follow that the war
; should succeed in order that the az
counts may be allowed
| The court made an order allowin
Becky $25 week, $1,000 for furnishin
her house, SAB to Col. Jones for a trans
cript, $50 for money advanced by Tho
Fitch and $3.50 as attorneys fee. NJ
Magoon took no appeal.