The Hawaiian gazette., 1903-09-08

UPON FEES
J. Alfred Masoon
Propounds His
Sentiments.

j. Alfred Magoon made Judge Robin
sons courtroom, with its wretched
greatest eloquence yesterday afternoon
/ in contending against the payment of
! a fee of $500 out of the estate of Susan
I Brash to Henry II. Highton for SER
| vices performed in behalf of that men,
tally incapacitated woman. 1t was a
long speech her assumed guar dian
made. and, to be brief about 1t, the fuss
he made induced Mr.. Highton to with
draw the petition.
According to Mr.. Highton's petition,
the work he asked 800 for was nearly
if not quite as great as Mr.. Magoon re-
ceived $4,000 from John X. Sumner for.
Mr.. MagOon, however, went so far as
to say that the court had no power to
order n guardian to pay anything in
the event that the Supreme Court de-
cided against the Circuit Court, that
he was the guardian.
He said an attorney taking up the
complaint or grievance of II helpless
ward did so at his own risk. If Mr..
Highton failed to obtain anything for
his services on behalf of Miss Brash,
it would be a great hardship to Mr..
Highton but that was the chance he
took
There was not a lawyer in Honolulu.
Mr.. Magoon believed, so mercenary
that he would see an unfortunate per-
son suffer on account of lack of legal
assistance for the sake of u fee. In
England he said a lawyer was not al
lowed n M
vices.
Judge Robinson expressed surprise at
this in a question If ii were really so,
and Mr.. Magoon asserted that such was
the English law.
Mr.. Highton quietly remarked that
the law in England was not as stated.
Mr.. Magoon then said it was not
the law in England now, but it was
formerly.
When he said that as guardian he
did not believe the court could punish
him for dsobeying an order to pay out
his wards money, Judge Robinson told
him that he would be liable to severe
punishment for contempt in the event
of such disobedience.
VARIOUS SUITS.
Hee Fat answers the complaint of
Lee Chu by general denial, also giving
notice of reliance, amongst other de-
lenses, on fraud lack of consideration,
failure of consideration and want of
title to the promissory note in ques-
ton.
In the case of Hayselden ct al. VS.. |
Pain ct al, it is stipulated between |
counsel that Frederick II. Hayselden |
and w. II. Pain file with the master,
f.. A. Mott Smith, within thirty days, |
full, complete and correct accounts
of all matters involved in the suit.
MINED ISSUES.
Judge Robinson had two or three
phases of the Silva divorce and bank
ruptcy miXup before him yesterday.
w. w. Thayer appeared for motion
to set aside the order for receiver,
and +. A. Douthitt for motion to
order the receiver, W. L. Fisher, to
pay the funds in his possession into
court to apply on alimony accounts.
For the first motion it was contended
that bankruptcy was exclusively in
Federal jurisdiction and that the trus-
tee in bankruptcy took all the property.
Contrary, and for the other motion, 1t
was argued that where courts had
property, in different issues, the first
one acquiring control of the property
held it and the general rule was that
one court would not interfere with the
other The questions were taken under
DIVORCES.
Judge Gear granted a divorce to Il.
w. Condor against Mary ii. Condor
on the ground of her deserton since
December u, 1899.
Summons in the divorce case Of Rose
against Frank Endermark
has been returned unserved, with be-
lief noted that the defendant has gone
TO the Philippine Islands. The grounds
of complaint are drunkenness, cruelty
and non-support.
Judge De Bolt granted a divorce to
Mrs. Castro yesterday afternoon on
the ground of cruelty. He awarded
costs against the husband, although
he found there was fault on more than
one side. Mrs. Freitas. n wtness, did
not know what day of the month the
Fourth of July was. Attorney Vivas,
trying to elicit from a witness the iden-
tity of the district magistrate who
tried an assault case in evidence,
asked:
"Was 1t a man with n wild face on"
The witness said 1t was a man with
red hair, which threw Nivas down as
1t was not so. Geo. A. Davis was the
PROBATE.
Judge Gear approved the accounts
and ordered the discharge of Edwin NJ.
Marshall, administrator OF the estate
IF John Hopp, deceased,
Nr'. II. II. Williams, as a creditor,
petitions that II. II, Williams be APP
pointed administrator de bonis non
II the estate of Clara Schneider, de-
ceased, in place OF +. r. Merry, who
lied on Kauai on August 90, 1902. An
Identical petition was filed in the mat
ter Of the estate Of II. f. Gibbs, de-
ceased.
ABUNDANT EVIDENCE can be
produced that Chamberlain's Pain
Balm will positively relieve rheumatic
pains as well as being unexcelled for