The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1902-06-03
COURTS. ARE
STILL BUSY
Fitch Wants Kapukini
%Spendthrift Case
Reopened.

"a ia va NAt @AlEktNAAAAG II III
and Wall Paper Co.. were aired in Cir
cult Court yesterday on an application
by l. II. Dee for a writ OF mandamus
TO compel the issuance to him OF stock
purchased from NJ. McKechnie.
The testimony brought out before
Judge Gear was extremely interesting.
Dee testified that he had secured the
$50 shares OF paid up stock in good
faith. but admitted that there had been
no cash paid for 10. The shares were
given him by McKechnIe as security
and he accepted them as cas in case
the o owing vas not paid.
McKechnle was also on the stand and
his testimony was emphatic and to the
point. He denied that he had taken the
stock from the safe as was alleged IN
the answer OF Hoffman for the COM
pany. but said that IL was his proper
~ and he had never transferred 10 to
the newly organized corporation. He
denied having sold his interest In the
concern. but said he had simply with
drawn from the management. At that
time the company owed him $500 as
back salary N he sold the Merchant
street paint shop. a horse and wagon.
and had some bills by which he
49, I&sA - ~. 80 AAAAA EAAI
right 20 do this as president and man
aEer OF the concern before he had with
He testified further that he had
taken the stock from the safe In the
presence OF Mr.. Sturdevant and had
given his a~ssessabie stock to Sturde-
want as the by laws required that the
officers should be stockholders. He
had not paid any money on the stock.
advised Sturdevant TO do It. The
did. but according to the witness
h amount to him-McKech-
ME.
The defendants In the case denied
story OF McKechnie and claimed
they had bought the stock from
him along with all his interest In the
corporation. Judge Gear took the case
under advisement.
THE KALUA KAPUKINI CASE.
Thomas Fitch yesterday filed an ap-
plIcation in the Supreme Court for a
rehearing in the case OF Kalua Kapu-
kinl. n spendthrift. whom Judge Little
from Magoon's control. and
whose ruling was reversed on appeal.
says that the Supreme Court de-
the case upon evidence which he
was not allowed to combat. namely the
rust deed given by the s~pendthrift to
". t. Fleming. The matter was heard
while he was in California and the re-
Is asked that he be given an
opportunity to explain the trust deed,
~ which he was to receive o~ne-fourth
y kapukini's estate. Fitch says that
he was compelled to advance monies
o Kaiua through the refusal OF Ma
10 support her after the suit 10
the trust had been instituted.
After the trust deed had been made
he property was examined and found
o be worth $4,000. but IT was unpro-
Iuctive. This was due to the fact that
owned n o%ne-third Interest in
property In which his ward held one-
Ialf and j. p. Mendonca a one-sixth
and In which no arrangement
o sell or lease. could be made be
Magoon as trustee. Magoon as
n individual and I p. M~endonca."
The affidavit OF Mr.. Fitch concludes:
The allowance made by Judge Little
D Gear & Humphreys OF $500 for a
fee in a former action and OF
TO George a. Davis for counsel
ees. and Of $3.50 TO ]. a. Magoon for
ounsel fees. also reduced the avail
BILE assets of the estate. and, consid-
ring all n circumstances. / volun-
irily and OF my own motion. and be-
IRE an appeal was taken herein, re-
uced my fee from $500 to $500 and
greed out Of that TO pay and did sub
advance George A. Davis.
So. $3.50 for his services Cbesides $3.50
by the court). thu reducing
~ fee to $3.50. or 10 per cent OF the
aiue OF her estate. instead OF 20 per-
mt as named in the trust deed.
As the case now stands I have adj
anced TO Kalua in good faith si35 In
lsh for her support and s41 In cash for
illness fees at the trial. and $3.50 for
e TO George a Davis. and have also
lshed for him the fee OF $3.50 allowed =
y the Circuit Court. / submit re-
TO your honors that. inas-
UGH as your decision appears TO be
lsed upo the assumption that Kaiua
apukini agreed TO pay 20 per cent Of
r estate 10 her lawyer for his SER
ces. when In truth and in fact she ~
rs TO pay but 10 per cent. a rehearing te
.ould be granted. and n decree made
the record without reference 20 =
e trust deed or proceedings thereun-
=. and that pending a rehearing
e guardian. j. A. Magoon. ESQ, be
TO pay me out OF the estate the
sh advances actually and necessarily
ade by me 10 Kalua KapukinL." RI
NEW SUITS.
Yrs. Una McChesney has brought
IL In the Circuit Court against Chas o,
n.aLU 60 $1,000