The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1903-03-22
Fitch Charges A.. S. Humphreys With
GarbIing Private Conversation
and Gives Version
A Large Array of Counsel in Court When the
Question of Colonel Fitch's Fee of
$3.50 is Considered

Nearly the entire morning before
Judge De Bolt was consumed in the
examination and cross-examination of
Colonel Fitch in the matter of Hum
phreys's petition to set aside Judge De
Bolts order allowing Colonel Fitch "a
fee of 81, ESQ for his services in attempt
ing to secure a discharge of Becky
Panee from spendthrift guardianship.
Colonel Fitch testified that it was
agreed between Mrs. Panee and himself
originally that his fee was to be s., 500
if he succeeded in procuring decision
discharging her from the guardianship
OF Magoon. Nothing was said as to
what his charge would be if unsuceess-
full He made the bargain when DR..
Wayson was present. He did not rec
ollect stating at the time that he would
charge nothing If unsuccessful. Becky
and wayson might have inferred that,
but il was not so stated. His under
sAfnding OF the law was that if he was
unsuccessful Becky would have moth
ing to pay him with. and in that sense
his fee was contingent He knew at
the time that Becky was incapable of
making any contract, and even II he
succeeded she could repudiate her
agreement to pay 81 500, for it was only
morally binding and he would be obliged
TO resort to the court for a fee, whether
he lost or won. Colonel Fitch stated
that he did not at the time suppose
that court here would allow him fee
IL he lost; that he vas enlightened as
to the law when Messrs. Gear & Hum
phreys were allowed by Judge Little a
a fee OF $500 for attempting to procure
the discharge of Kalua Kapukini, al
though she testified that she had a
written contract that they were TO be
paid nothing If unsuccessful. It
The witness testified that after
Becky's discharge by Judge Gear he
at her request, trust deed :
by which she made DR.. wayson her
trustee to collect rents and interest {
for her. but without power to sell {
or mortgage her property, and required '
him to give $1,000 bonds, and allowed
him 5 per cent and a trustees fee, 800.
cAIonel Fitch said while the witness 1
- i'll in bed with rheumatism DR.. t
IVayson lured Becky into signing n
iced giving him full power to sell or n
mortgage all her property requiring a
20 bonds whatever and allowing
himself 5 per cent and a trustees fee p
II $500. Becky begged witness 70 res
'ue her. and he threatened wayson Q
With legal proceedings and the deed E
vas returned Cancelled. This accounted t
IT Wayson's present animus a
Colonel Fitch stated that after the f
supreme Court had reversed Judge
iear. ne sent for Becky and asked If t
he had any. objections to his being
llowed a reasonable fee by the court I
ie was not bound to ask her consent,
ut felt himself morally bound to do
o. and would not have proceeded with
ut it She freely gave her consent,
igned and swore to a petition asking
Or such an allowance for him and on 8
he hearing testified that she was will n
ng that 81 900 to $500 should be al a
WED to him, and Mr.. Robertson, a
udge Stanley and Mr.. Hatch testified d.
hat his services were worth $1,000 to OF
1000. Judge De Bolt allowed $3.50
I October %. and on October 29 Mr.. W
lagoon paid the allowance with post II
ated cheek. which witness assigned C
pGore maturity to Bishop & Co. II
On November 10. 1902, Magoon ap-
bed for a fee. and Judge Gear granted ct
i'm $3.50 on November 10, 1902. hs
gainst the strenuous efforts of the s.
illness. tn
Colonel Fitch stated that when he til