The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1902-10-08
MAGOON AN EXPERT
ON GUARDIANSHIP
HE TELLS COURT HOW THINGS
ARE CARRIED ON IN swITzER-
LAND BUT NOT IN HAWAII.

John X. Sumner again took the stand
in Judge De Bolts court this morning,
and Attorneys Highton, Davis and Ma
goon had some lively argument over
objections to the procedure of the at
torneys who are seeking to have Sum
ner declared incompetent. The argu-
ments were loud and vigorous on both
sides, and the court room began to fill
up with people who enjoyed the shots
the lawyers fired at one another.
Magoon and Davis sought to intro
duce letter written by Sumner from
Tahiti, in which he expressed regret
that he had executed the lease of his
harbor lands to Dillingham; and Robin
son, and asked to have proceedings be-
gun to set aside the lease. 1t was
claimed that this sudden change of
mind was evidence of his incompetence.
Highton objected, and declared that
the attorneys were pursuing an unfair
method of trying to prove incompe-
tence, by going through Summers life
and picking out incidents here and
there, instead of taking his whole gem
eral course of action.
Magoon gave discourse on guar
dianships, He said that the courts
should be very careful about placing
people under guardianship, and that it
was strict proposition of law. II
think that man should only be placed
under guardianship when it is shown
| that it is necessary for his own inter-
| ests,' said Magoon. 1t is for his own
| protection only, and in the most en-
| lightened countries in the world, it is
recognized as "a proper and legal meth
cd of giving such protection where it is
needed. In Switzerland the law pro-
Vides that when man is left a legacy
/ by his father or other relative, before
/ he can take possession he must prove
! atlirmatively that he is competent to
take care of it.
IF this is a proper case for a guar
dian, guardian should be called in
| If he is in such condition that he needs
a guardian, the appointment of a guar
dian is the greatest good that can be
done him. His own benefit is the sole
consideration. If L did not think thai
! his condition was such that he ought
to be under guardianship, l should be
the last man to favor appointing a
guardian. There isn't money enough
in this country to induce me to proceed
sumner ought TO be under guardian
ship for his own good"
Highton declared that there was nj
appointment of a guardian for a man
with view to dividing up his proper
4 tX contrary to his own wishes
Practice may develop such carica
lures of law" he said, but the Law
doesn't know of any such policy" H,
declared that the letter sought to b,
introduced was really a showing tina
Sumner was sane, under the claim o
the other counsel that his making tn
lease showed insanity. The lette
shows that at the time when it wa
written at least. Mr.. Summers view 0
the lease corresponded with that o
the counsel for the petitioners" SAT-
the attorney. HightOn waXed sarcasti
over Magoon's views of the guardian
ship proposition, remarking that h
was delighted to hear such views from
him, and that they would be an in
spiration to the court.
John X. Sumner, incompetent or no
incompetent, appeared to enjoy tn
: troubles of the lawyers. He sat in tn
witness box and smiled over his glass
| es when Davis shouted and Hightol
pounded his desk, and it appeared tina
he was getting something for his mon
; ey whatever becomes of the land 70
which the Oahu Railway Compan
f wants to force 100000 upon him.