The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1904-07-01
LONG LEGAL
COMBAT ON
All Day Argument
Only Starts
Fight.

All day long yesterday eloquence
arising in Judge Gears courtroom filled
the Judiciary building and was at times
plainly audible outside for some dis
lance. 1t was argument on demurrers
to the petition of ]. S. Low, as next
friend of Annie T. X. Parker. a minor,
for the removal of Alfred w. Carter
from the office of guardian of said
minor.
J. ]. Dunno, who demurred on behalf
of Mrs. Elizabeth Knight, the minors
mother, opened the attack. S. H. Der
by of Kinney, Mechanism & Cooper,
who demurred on behalf of the guar
dian, rose to follow Mr.. Dunno, but a
legal friend whispering to him some
thing to the effect that time about was
fair play he reserved his thunder Ar
thur A. Wilder and A. F. Judd were also
ranged at the guardians end Of the
row.
Besides arguing against the form of
the proceeding, which he claimed was
it's intended purpose, Mr.. Dunno con-
tended strongly that the petition was
utterly barren of facts and contained
nothing but conclusions of law. In
short, his argument was that no rea-
sons were given for the removal of the
guardian. AS to the charge of eXorbi-
authorities to the effect that a guar
dams compensation was not limited to
statutory commissions, while he point
ed out that the commissions Mr.. Car
ter drew We're not in excess of what
the statute allowed. The books were
also quoted to show that the guardian
had a right to appoint his brother, F.
w. Carter, as agent and practical man
ager of the Parker Ranch in which,
as often reported, the minor owns a
half interest. Another contention was
against the right of Mr.. Low to sue as
next friend of the minor they being
not nearer than of the eighth degree
of consanguinity toward each other.
"Mr. Low" as the attorney put it, "was
enough of a stranger to the minor to
marry her."
Mr. Dunno, in his remarks on COM
pensation, mentioned that he had
fought out the matter in the 14th Ha-
waiian. Judge Gear having asked in
what respect he answered that he was
then guardian ad Item for the same
minor
]. Lightfoot, on rising to reply for
the petitioner, stated that his part
would be to produce authorities in sup
port of the petition and against the
attack just made upon it. while Mr..
Magoon would follow him in a more
elaborate argument on the issues.
Starting with the proposition that the
argument against the form of proceed
ing was simply the making of dis
tinction between tweedledum and
tweedledee," he gave citations to show
that the only difference between a petl-
ton and motion was that the former
must be reduced to writing while the
latter might be presented viva Voce.
Recess interrupted his remarks, but Mr..
Lightfoot resuming at p. M spoke for
an hour and twenty minutes further.
He contended that there was enough
in the petition to justify the court in
removing the guardian upon showing
of facts which the respondent was try
ing by demurrer to avoid.
j. Alfred Magoon followed his asso-
ciate, taking until about 1920, when the
hearing was continued until 10 o'clock
this morning. His effort at the out
set was to represent the tactics of guar
dams counsel from the beginning as
dilatory. 1t was absurd to claim that
the petition, with the affidavits back
of it, was not sufficient to bring the
guardian before the court for eXamina-
ton as to his doings. The court if
appraised of such a state of facts as
alleged would be in duty bound of its
own motion to take cognizance of the
matter Holding the contrary would
be to maintain that a guardian might
plumber his wards estate at Will If a |
near relative did not intervene and |
bring him to account. 1t would be |
equal TO saying that the court was |
powerless unless downright robbery |
and stealing We're charged. Another |
thing emphasized by counsel was the
that the partition suit |
brought by Mr.. Carter, which IL sue
cessful, would be ruinous to his ward |
was sufficient ground in Itself for his |
SLAVE 10 DRINK.
Caroline Cotton was granted di-
yoroe from Edward Cotton by Judge |
Do Bolt yesterday on the ground Of
non-support Lihellee was not repre- /
scented IN court but a letter from him
10 his wife was produced dated az /
Guatemala, g. A., oct a. 1908, in which /
he said he Was running an engine there |
under "a years contract on the rNpHr /
Ii0n of when hn would return 90 llnr /
nolnlu. Nnll0n said ha rppll not slpp 4
irlpknH ln California hence lHpd Gem /
irai Amvliea asa battle srpund NEansl 1
hla lHnf ~ rApWaaei hlWHall as /
Wuen aapHmal ~ pia llralmynl nf MA /
,pllpn apa aHhea hFr NJ Wal fof hlm /
uNhl huFfa