The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1902-07-18
MACON AS
4 WITNESS
Gives Very Little
Information to
Paris.
APPEAL FILED In
FISHERY CASES
The Late Minister Kings Son
Objects to Guardians
Action.

J. Alfred Magoon was the star wit
ness yesterday in the case of j. ID
Paris VS. Magoon, as administrator OF
the estate of ]. Fernandez. The sun
is for $4,000 damages for failure &c
carry out the terms of the contract for
the sale of Fernandez cattle ranch to
Paris at an agreed upon price.
Magoon was on the stand for aDoa'
three hours yesterday, but for all the
information extracted from him by =.
b. McCIanahan, attorney for plainflh'
he might just as well have testified for
the same number of seconds. Not mat
Magoon was a backward witness, To-
he answered questions promptly
though as for any bearing upon the
matters at issue they might just as
well have gone unanswered. The con-
tract was made during the lifetime OF
Fernandez, but not carried out, ard
Magoon negotiated the sale of the
ranch and other property after the for
mers' death. His memory upon the
subject was, however, wholly at faux;
he couldn't remember the number OF
cattle upon the ranch, to whom they
were sold. how much they were WORTH
the price obtained for them, or IN 1acs
anything of the negotiations in when
he had played the principal part. To
leading questions Magoon replied re-
peatedly. Il don't know, Really, i
can't remember" Il don't know, OF my
own knowledge Il can't answer Il
can't say" II have answered that'
and kindred expressions.
This is the second triad of the same
case. though different issues are pre-
scented. the former suit being for spe-
cific performance of contract. Magoon
was frequently pinned down to some
statement he had made at the former
trial. after all other questions proved
futile. and then he would answer, Il
might have said that but / don't re-
member" or Il was probably mistaken
at the other trial, for can't remember
it now"
When McCIanahan became too in
sistent Magoon would stand up in the
witness box and as an attorney object
to the question, and at other times as
a. witness would claim the protection
of the court from further questioning
His objection being overruled, Magoon
finally admitted selling the property
under dispute in the present suit to
John Mcguire of Hawaii, though evad-
ing questions as to the price obtained,
or the amount of property included.
At one stage of the trial the case
came near being thrown out of court.
This was the introduction OF the con-
tract between the parties upon which
the suit hinged. Magoon objected on
the ground that the contract provided
for a certain price TO be PAID Fer
nandeZ. which he was TO indicate, and
which could be determined only by
himself. AS Fernandez is dead. Ma
COON argued the contract could not be
completed, as it provided that the price
for the cattle must be determined dur
ing the life time of the parties 10 the
suit. and therefore even if judgment
was obtained by the plaintiff it could
not now be enforced against the de-
PENDANT. After lengthy argument Judge
Robinson admitted the contract in ev-
idence. though stating that the points
involved We're close.
The plaintiff asked that the court
hold a night session in order TO give
witnesses who lived in Kona an oppor-
tunity to leave for their homes at noon
today. Mr.. McClanahan stated that
these witnesses had come to Honolulu
four times now to testify in this case.
and they should be allowed to return
today if possible Objection was made
by the defendant and also by some of
the jurors, and the trial was continued
until this morning.