The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1902-03-29
M'CULLY-HIGGINS
CHARGE AMENDED
DIRECT CHARGES OF FRAUD
AGAINST HOSPITAL IN
NEW COMPLAINT.
A, B. WOOD NOT CITED BUT
GIVEN EULOGY.
Proceedings in Contempt Matter
Stricken From the Records-Onigual
Bill Dismissed.

! Bill Dismissed.
| Judge Humphreys opened court in
the case Of the McCuuy- Higgins trial
at ten minutes after ten this morning.
Few spectators were present while
among those inside the rail were Mrs.
McCully- Higgins and her daughter A.
Is. Wood, Robert Shingle and the at
torneys in the case.
w. O. Smith asked that it be under
stood that he and Lewis appear as
special counsel for Mr. Waterhouse in
his capacity as trustee and also for
A. b. Wood in his personal difficulty
with the court.
George Paris attempted to address
the court but Judge Humphreys check
ed him with the remark that it was,
he supposed, concerning the matter
which Paris had already spoken to him
in chambers about and it could wait.
Attorney McClanahan read an atli-
davit to the effect that A. NJ. Camp
bell had overheard a conversation be-
tween A. b. Wood and Chaplin i'm which
A. b. Wood was supposed to have said
to Mr. Chaplin that he had given the
checks to Mr.. Chaplin and desired him
to so testify.
Assuming that the affidavit of Mr.
/ IMcClanahan will set forth fully and at
| large the statement which. he has now
| made orally to the court and assum-
! ing, that the statement made i'm the
| affidavit of Mr.. Campbell and also the
| statement made i'm the affidavit of Mr..
| Castle to be true, 1 do not think that
! the matter therein set forth would
warrant the court in issuing a citation
for Mr.. Wood to appear and show
cause why he should be dealt with as
and for a contempt of this court in at
! tempting to influence or intimidate
rE-f
There is nothing in the conversation
which Mr.. Wood had with Mr.. Chaplin
as set forth and detailed by Mr. Camp
! bell which is in anyWiSe inconsistent
with the excellent reputation which
Mr. Wood has always enjoyed in the
community for uprightness, integrity
and fair dealing. The affidaVits will be
stricken from the files and the remarks
made by Mr.. McClanahan on Thursday
with reference. to Nr Woods conduct
will be eNpunged from the record.
The statement made by Mr.. Nc
Clanahan was doubtless made in good
!Iaith, the court does not challenge that
point Of it at all but it is due to Mr..
/ Wood that the statements which were
made under a misrepresentation as to
| his conduct should not be embalmed
| in the records of this court. The court
| is very happy To make this order and
render Mr.. Wood this simple act of
| justice"
McClanahan explained that he had
acted in good faith and that he was
glad the affair had terminated so hap
PLY.
| Attorney McCIanahan read an
amendment to the complaint, one
| amendment consisting of the addition
of A. p. Woods name as trustee i'm the
matter. This particular amendment
was accepted the attorneys for the
OratriN having not, at the time of
| drawing the original complaint, known
| that the said A. b. Wood was a trus-
| tee
! The amended complaint set forth
tuat thel 100000 note had never been
| put to the use or interest Of the oratriX
/ and that the Queens Hospital was
party to the fraud and knew before
! parting with the money that the mo-
| ney was to go to the said Chaplin,
/ White and Paris who were acting
without the authority of the oratriX.
/ 1t went on to state that the OratriN,
upon her return from Charleston,
| Maine, missed certain papers from the
safety vaults of deposit where they
We're kept and looking into the matter
found that the missing mortgage was
held as security by the Queens Hos
Ipital for a note of $50, 900. That she
cancelled the power Of attorney of Os-
car White and repudiated the matter
question of a discontinuanCe of the
present hearing on account of the pre-
sentatiOn of the amended bill.
! A. c. NJ, Robertson for the Queens
Hospital submitted that the courts
discretion could be exercised against
the acceptance of the filing of the
| amended bill. He stated that much of
the evidence brought in during the ori-
ginal bill had been accepted on the un-
| derstanding that the plaintiff was not
| proceeding against the hospital but
! merely seeking for information as TO
the case against the plaintiffs attor-
neys in fact. Otherwise much cross
examination would have been necessi-
tated and he submitted that it would
be unfair to the Queens Hospital to
allow the amendment.
Judge Humphreys thought it unjust
to admit the amendment stating that
the discretion of the court a wide one
must be exercised to deny The court
sustained the theory that Attorney
Robertson would have cross-examined
the witnesses more fully had he not
been mislead by the framing of the
original bill, stating that Attorney
Robertson was ordinarily an eNhaus-
tive lawyer in his methods,
The bill, stated the court, was one
FRAMED on the gun i'm the back yard
order IF ii hit It was a deer, if it miss
case showed that it was possible that
the Queens Hospital might be charg-
ed with fraud said to be committed by
| the agents although no actiOnable
fraud had been charged upon these
agents Chaplin and White. The scope
OF the bill was changed by the amend
ments and the original bill Was there
fore dismissed without prejudice to the
plaintiff.