The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1902-02-04

substantially the same facts, and tn
| Discriminate of such cases may Deepen
upon the questions of law involved Il
this action The determination of sue
issues would save the Government grea
expense in repeatedly trying the sam
| facts.
4. If successful in the said action plain
tiff's title will be quoted, and he claim
that he will prove that he is entitled t
possession
5. In that event he would proceed t.
secure possession by writ of assistance
or other process.
6. Defendants deny the right of plain
tiff to proceed in the way just mention
ed. contending that his remedy is by al
action of ejectment.
Z. Plaintiff contends and defendants de
ny that by bringing his action to quie
title within the limit of twenty years ant
pursuing the same to a successful fina
Judgment he stayed the running of the
! statute of limitations so as to defeat II
an action of ejectment subsequently
brought within ten years thereafter any
defense which might otherwise be made
to such suit under such statute.
CIRCUIT COURT NOTES.
/ A demurrer has been filed by Geo. r.
Carter in the case of VIM. a. Hall,
spendthrift. 1t is alleged that the pc
| tition does not state facts sufficient TO
constitute cause of complaint
Judge Humphreys yesterday ordered
commission to issue to Henry p Weber
| of Chicago to take testimony in the mat
ter of the estate of Robt. G. Rabe.
Motion to set demurrer for trial in the
case of Allen VS. Lucas was filed yester-
day.
An answer and general denial was fled
yesterday in the case of Frank Godfrey
VS. John Kidwell
An appeal to the Supreme Court has
cd in hn = oil
case.
PANEE SPENDTHRIFT CASE.
The Becky Panee spendthrift case was
argued and submitted yesterday after
noon The witness from Maui appeared
but did not testify, and Mr.. Fitch pro-
ceeded Immediately to the argument.
1.-The original application of Mr.. Ma
coon to be appointed guardian of Rebecca
Panee does not accuse her of gaming or
debauchery but only of excessive drink
ing and idleness," said Mr.. Fitch. Yet
on this hearing, Mr. Magoon devoted the
bulk of his own evidence toward an at
tempt to prove his ward guilty of de-
matter not placed in issue
by the pleadings. His testimony was en-
tire1y as to what he had heard and not
as to anything he had seen or knew of
his own knowledge. The only direct evil
dence on this point was that of Deputy
Sheriff Chillingworth, who testified that
nearly two years ago, Becky while in a
distressed state of mind, and terrorized
by her arrest and Incarceration for the
offense of firing a pistol. threw her arms
around Mr.. Magoon, when he appeared
as her deliverer,
And upon his manly breast,
Rugged herself to peaceful rest
But this I submit was not debauchery, |
t was a privileged communication be- ,
ween counsel and CLIENT
'One other incident which Mr.. Magoon |
idduced as evidence was when at the !
earnest insistence of Becky he paid $500 |
o her male companion. and it turned out /
IN cross-eXamination that the money
vas not paid either to Becky or her
but to the pawnbroker, to re-
leem diamonds and jewelry pledged by
he gentleman, and that Mr.. Magoon, as
guardian of Becky. took the collaterals
md held them. This so far from being
lebauchery was evidence of thrift for
he jewelry must have been worth more
han $500 or the pawnbroker would never
lave loaned that amount for it, and the
if he was a Lothario gained .
lothing from his inamoration except
hange of pawnbrokers.
THE only question the court has need
o consider and determine is whether the
of this petitioner is longer
necessary, and that must rest upon the
proposition as to whether she has or has
drinking to expose her
elf-for family she has none-to want or
Mr.. Fitch reviewed at some length the
estimony offered in the case and then
concluded:
md it takes many swallows to make a
trunk. One act of partial intoxication
n two years, and that is all that has
'een proved here, is not sufficient to
make a continuance of this guardianship
necessary.
lance, the return on file shows that such
5 not the case. We have no accounts
or Mr.. Magoon has filed none since
1900, but when Mr.. Magoon be-
anne her guardian in 1898, her personal
property was of the value of s619S.79 Her
eceipts for the first year from interest
nd rents were s1907.34 and her disburse-
nents s1275.62. The next year her re-
eipts We're s1460.65 and her disbursements
we're 1866. The next year her receipts
Tere s1444.15 and her disbursements
l0O01 49, She has never expended posi-
ly because Mr. Magoon has never al
owed her to eXpend her income and the
orpus of the personally of her estate has
lcreased under his management a con-
iderable sum above what it was when
he was placed under guardianship, SO
hat If she were to die her devisee who
yer he might happen to be- would gain
ne advantage of her years of enforced
she does not wish this enforced eco
omy to continue. Leases have fallen in
nd the value of the rental of her real
state will be enlarged. She wishes az
he has testified to remove from the
1ualid quarter to which Mr. Magoon's
rastic economy has hitherto confined
er She wishes to obtain a comfortable,
ecent home of her own, and live upon
er income properly. She does not wish
nat income diminished by further com I