The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1902-06-12
STAYS A SPENDTHRIFT
BECKY BISHOP DOESN'T WANT
FREEDOM.
Gives Magoon an Affidavit That Makes
Tom Fitch Retire from the Case with
Some Remarks.

Col, Thomas Fitch has retired from
the Becky Bishop spendthrift case and
Withdrawn his motion to reopen the
matter in the Supreme court for the
purpose of securing a rehearing The
colonel however, wants to have the de-
clsiOn amended in some respects. Fitch
recently filed a motion to reopen the
whole case, but it appears that Becky
changed her mind again. While her
attorney was working on the case she
presented Magoon with an affidavit
saying that she didn't want to be re-
leased, but wanted to remain under
Magoon's charge.
As a result Fitch today filled in the
Supreme court a brief containing the
follOwing "A few minutes before the
hearing of this matter, Mr.. Mogoon
handed me an affidavit of Kalua Ka-
pukni dated that day, to the effect that
she did not wish a rehearing and de-
sired to remain under the guardianship
| of Mr.. MagOOn. l was surprised to
receive this atddavit because the wO-
man with her husband visited my office
three days before and expressed her en-
tire approval of the application for a
rehearing. Ii is a question whether
your Honors would, by considering this
affidavit, sanction the methods adopted
in taking control of a case out Of the
! hands of opposing counsel but l fell
matter how brought to my notice,
must regard the affidavit as an instruc-
ton from my client to retire from her
case in this court, and with your
HOnOrs permission l so retire.
I'm retiring, however, there are sew
eral matters which ! desire to bring
to the attention of the court and which
may induce your honUrs to modify the
! judgment or make supplementary
] 4 h, IL, -
to consist of all papers filed and an or
deJs IN the circuit court whether be-
fore or after the Judgment and whether
specifically appealed from or not. in the
record appears an order made before
the Judgment of Judge Little, allowing
Humphreys and Gear a fee of $500, for
professional services rendered some
years before, in an unsuccessful at
| tempt to secure her discharge. The ap-
plication for this allowance was made
/ by Davis, senior counsel for Kalua Ea-
Npukini in an application then pending
before judge Little to secure her dis
charge. did not know Of the applica-
tio1 in behalf Of Humphreys and Gear
at the time il was made. l was not
pr ,fept in court at the time and my
I duty did not call upon me TO resist 1t.
Nj. Magoon made only slight resistance
to the order when Judge Little made it,.
He has not specifically appealed from
it, nor asked you hOnors to review it,.
| | did not learn till long afterwards and
not until after this application was
pending, of the existence of the writ
ten contract which Kalua Kapukini
then placed in my hands, between
Humphreys and Gear and herself.
submit the matter to your HOnOrS, to
be filed with Mr.. Magoon as newly
discovered evidence or otherwise con-
Sidered at the courts discretion
During the pendency of this action,
a period of months, advanced to Ka-
| lua Kapukini for her support, $435 and
| for witnesses and costs of court SAL.
| She had no other means, as during that
! period the allowances previously and
| subsequently made to her by Mr.. Ma
| goon altogether ceased. | shall be glad
| if your honOrs see the way clear to
| allow these disbursements to be repaid
me by the guardian.
His honOrs Chief Justice Frear As
| sOciate Justice Perry concurTing disal-
! lows the fee of $3.50 accorded to George
A. Davis by the Circuit court on the
| ground that Mr.. Davis had already
| been sufficiently paid by the court for
| his services in the case. AS the record
/ shows that Mr.. Davis was not paid
anything. | submit respectfully that
| this estimate of the value of his SER
| vices is too low. The allowance to Mr..
| Davis was not contested by the court
! below and MagoOn did not specifically
appeal from it. Supposing that MagOon
/ would pay it, as | learned he paid the
| $500 to Humphreys and Gear, | accom-
modated Mr.. Davis by cashing it.
! "One Of the grounds of the decision of
| your hOnOrs is the fact that after the
! discharge of the spendthrift she eXecut-
ed a trust deed Of all her property for
! certain purposes, among which was the
! payment of her counsel of 20 per cent
as fee. This allowance to counsel is
| regarded by the court as conclusive evil
dence of incapacity of the spendthrift
| to take care of her own affairs, and
Justice Galbraith, in delivered the opl-
nion of the court, inferentially con-
demns counsel for obtaining an uncon-
sciOnable fee. l have no reason to
believe that Mr.. Justice Galbraith in
tended to inflict on me a great injustice
and must presume that il escaped at
| tention that there was an affidavit on
file, showing that before an appeal was
perfected, voluntarily and of my own
motion, / reduced the fee over one-hali
l submit to the fairness of this Honor
able court that the opinion already rem
dered, reversing the Judgment of the
circuit court, should be modified or sup
plemented with reference to the fore
going matters"