The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1902-08-29
MUST PAY
INSURANCE
Plague Fire Cases
Again Before
Court.
GUARDIAN MACON
AND BECKY PANEE
Was Like . Father to His Ward.
Tax Clerks Plead Not
Guilty.


ed his decisions in three of the insur-
ance cases growing out of the plague
fires, finding in favor of the plaintiffs.
The cases were entitled Mong Wo VS..
New Zealand Insurance Co, D. L. Ak
| wal VS.. New Zealand Insurance Co.,
/ and another case against the Alliance
Insurance Co. Two of the cases We're
tried together. the jury being waived.
Judgment was given for plaintiff for
the full amount of the policy; in two
cases $1,000 and in the third $500. The
court in it's written decision simply
gave a finding of fact, not going into
a legal exposition of the case. A num-
Der of other cases in which the same
POINTS of law are at issue will be de-
terrnined upon these decisions. The
Supreme Court already has passed up
on some of the the insurance cases,
finding for the insurance companies,
but new points were involved in the
cases considered by Judge Humphreys
and an appeal will probably be again
taken to the Supreme Court.
MACON TELLS ABOUT BECKY.
j. Alfred AdSOOn, the
guardian of Becky Panee. filed his re-
ply brief in Supreme Court yesterday
to prove why he should be retained in
his position, and Judge Gears ruling
reversed
mot only has Rebecca not abstained
from the use of spirituous liquors for a
year." says Magoon, but she admits
herself that she has habitually drank
II WaVQ0n'S Testimony
carries with it no weight, and If the
facts with reference to the execution
of the trust deed are as related by the
ward, DIR. Wayson, to say the least, is
placed in very unenviable position
with reference to the entire matter"
Magoon further says in reference to
the spendthrift act: 1.-The law is for
the protection of persons who are I'M
able to protect themselves 1t may be
q harsh law, but that it is a wise law
IS unquestioned. 1t is, perhaps. a hard
thing to say of the ward, but her life
is openly irregular. She does nothing,
and tries to DO nothing, to get living.
Her whole inclination is to spend mon
ey in drinking, debauchery and vice;
and it is perfectly apparent that If left
to herself she would soon be without a
penny. The erratic conduct of the
ward is perfectly manifested by the
testimony. Without a word of warn
ing, without any serious complaint, she
brings a proceeding to terminate the
guardianship in this matter. Her let
tiers show that her guardian had stood
in the position of father to her for
many years, without word of differ
ence, with the exception that she
claimed he was slow in procuring a
house and lot for her; she brings these
proceedings to obtain from her guard
| ian's control the property which she
recognizes in her letters as having to-
day because of his action in putting
her under guardianship, and the care
which he has exercised for her. This
| is not the way that prudent people act.
1t shows in itself that the ward is en-
tirely irresponsible.
THE proceedings with reference to
the deeds of trust which have been
made and executed by this ward are a
conclusive admission, not only that she
! is spendthrift, but that she is entire
| ly incompetent to manage her own af-
fairs. Opposing counsel says that the
deed to the Hawaiian Trust Co. pro-
| tects her. This statement is delusion.
She has absolutely no protection.
THE limitation in the trust deed is
entirely ambulatory, and there is little
question but what she could revoke the
| trust deed at any time. This would
| leave her absolutely without protec-
ton; besides, a large part of her prop
erty is not included in the trust deed,
/
! Is, 1902, on file in this case. The pro-
| ceedings upon the application by the
ward to have certain moneys paid over
to her show a state of affairs which,
so far as the ward is concerned, is
nothing short of scandalous. She ap-
peared then to be legitimate prey Of
anyone who wanted to rob her. and His
Honor evidently came too late to this
conclusion. On page 4 of the testimony
of the newly discovered evidence, the
judge who tried the cause states:
'Unquestionably, the person who
last gets hold of Becky comes in with a
statement that is contrary to the 9TH
ers. / do not doubt that if you or Mr..
/ Fleming or Mr.. Fitch talked to Becky
that She would change her mind again.
| 1t is a bad condition of affairs This
| is an extremely damaging admission
for the judge TO make, and that he was
/ in an entirely different frame of mind
| on the 9th day of February than on
I the date of his decision.
1T is respectfully submitted that the
conclusion of the judge in thus over
ruling himself should not be interfered
with by the court, and that his ruling
IN terminating the guardianship, which
is confessedly erroneous, should be re-
versed."
COURT NOTES.
Judge Robinson concluded the hear
ing yesterday of the case of Hemen
way, trustee. VS.. Taketa to set aside a
sale alleged to have been made IN vio-
lation of the bankruptcy laws. Writ
ten arguments are to be submitted.
A divorce was granted to Virginia
Pengelley yesterday from William
Pengelley.
Judge Gear was occupied for almost
the entire day with the hearing of the
HaSSOn-Pain case.