The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1904-06-24

their weapons to fight Mr.. FIustsca in
this suit, Mr.. Magoon still having the
fee Mr. Hustace paid him TO protect
him from any further liability. I doubt
II ever in the annals of Jurisprudence a
case such as this can be found. [ have
been unable TO find any"
In conclusion the court awards the
title of the property TO w. II. smith.
stating that decree Will be signed ac-
cordingly.
MIR MAGooN's STATEMENT.
Editor Advertiser: 1t is a matter of
regret to me that Judge Gear in the
case of Dee VS.. Smith should have TAX
en- up nearly three columns in discuss
ing me on matter. which. according
to his decision. appears to me to have
nothing to do with the merits of the
case. Judge Gear decides that the deed
which Mr. Hustace made to Mr.. Smith
was not fraudulent. The decision of the
case so far as Mr.. Smith is concern
ed is in these words: TT seems to me
that the transaction in question was
perfectly fair and legitimate
from the evidence it is clear to me that
the whole transaction with regard to
the land in question was regular and
proper and find that it was not made
with the purpose of hindering, delaying
and defrauding creditors"
Judge Gear has evidently come to the
conclusion that /, without any attempt
at concealment, advised Mr. Hustace
my adversary in litigation. to make a
fraudulent disposition of his property
to defraud the Kamalo Sugar Company
for whom I was acting, and then DELHI
eIately brought suit to avoid the fraud
ulent deed am sorry that the Judge
should view the testimony in that light
for it indicates that he thinks l should
be in an insane asylum, as no sane
man would have done such an act, how
ever low his moral standard. I observe
that Judge Gear did not see fit to criti-
cize the banker who also advised Mr.
Hustace to make a transfer of his prop
erty- All that I did was in the inter-
ests of fair play to Mr.. Hustace who
ha6 manfully paid one-third of the
judgment, and my principals did not
want to see him pay any more, if the
balance of the judgment could be re-
covered from his co-defendants; for if
he had paid the whole judgment, it be-
ing a case for damages, he could not
anything from them, and they
would be under no liability whatever
either to Mr.. Hustace or ANYBODY else
to pay any portion of the judgment.
Mr. Hustace testified that it was the
wish of many of the stockholders that
he should not be called upon to pay any
more of the judgment than the one
third which he had already paid.
That my conduct was approved by |
1os- lie.
ment signed by the directors of the Ka-
malo Sugar Company in part as fol- |
lows:
In June, 1902, Harvey r. Hitchcock |
and others, acting for the Kamalo Su- |
gar Company. Limited, obtained judg- |
ment against Frank Hustace, F. H. |
Foster and ]. j. Egan for large sum |
of money, and a large number of paid |
up shares of the capital stock of the |
Kamalo Sugar Company, Limited. Mr.. |
Frank Hustace Immediately on the rem
dition of this judgment paid into court |
One-third of the amount of the judg- |
ment. We therefore felt that it would |
be unjust to compel Mr.. Hustace to pay |
the other two-thirds of the judgment, |
and that his co-defendants, Egan and |
Foster, should go scott free. We there
ions made by Mr.. Dee, that proceed
ngs should be attempted against Egan
and Foster, and it was perfectly agree
lble to us that Mr.. ]. Alfred Magoon
should act as attorney for Mr.. Hustace
With the above end in view, provided
Mr.. Hustace should see fit to employ
linn. In approving of the plan sug-
rested for the protection of Mr.. Hus-
ace we did not in any way connive at
IN attempt on the part of Hustace to
prevent recovery of the judgment, but
we're actuated by sense of justice and
desire that Egan and Foster should
Re made to disgorge their share of the
Numbered funds of the Kamalo Sugar
Company, Limited. In this desire we
we're joined by large number, if not
III, of the stockholders of the Kamalo
sugar Company, Limited
J. ALFRED MACON.
Dated Honolulu. June 23rd, 1904.