Evening bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1895-1912, 1904-06-25
MAGOON'S STATEMENT

Attorney Magoon In public state
ment on Judge Gears decision in the
case Of Dee VS.. Smith says:
II Is a matter of regret to me that
Judge Gear In the case OF Dee vs..
Smith should have taken up nearly
three columns In discussing me on a
matter, which, according to his deci.
sion, appears to me to have nothing to
do with the merits of the case. Judge
Gear decides that the deed which Mr..
hustaee made to Mr.. Smith was not
fraudulent. The decision of the case
so far as Mr.. Smith is concerned Is In
these words: 1T seems to me that the
transaction in question was perfectly
fair and legitimate from the EVIL
dence II Is clear to me that the whole
transaction with regard to the land In
question was regular and proper. and
find that II was not made with the pur'
pose OF hindering. delaying and de-
frauding creditors"
Judge Gear has evidently come to
the conclusion that |, without any at
tempt at concealment. advised Mr..
Hustace, my adversary In litigation, to
make fraudulent disposition Of his
property to defrath the Kamalo Sugar
Company, for whom was acting. and
then deliberately brought suit to avoid
the fraudulent deed. am sorry that
the Judge should view the testimony
J in that light. for II indicates that he
thinks should be In On insane asylum,
as no sane man would have done such
an act, however TOW his moral stand.
ard. observe that Judge Gear did
not see fit to criticize the banker, who
/ also advised Mr.. Hustace to make a
| transfer Of his property. All that did
was In the interests Of fair play to Mr..
Hustace, who had manfully paid one
third of the judgment, and my princi'
pals did not want to see him pay any
more. II the balance of the Judgment
could be recovered from his co defend.
ants; for II he had paid the whole
| judgment, II being a case for damages,
he could not recover anything from
them, and they would be under no liza
bility 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
my principals will appear by state
ment signed by the directors Of the Ka'
malo Sugar Company in part as fol
lows:
In June, 1909, Harvey r. Hitchcock
and others, acting for the Kamalo Su
gar Company, Limited. obtained judg
ment against Frank Hustace, +. IL
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 II woult
be unjust to compel Mr.. Hustace to pay
the other two-thirds OF the Judgment
and. that his codefendants. Egan ant
Foster should go scott free. We there
fore heartily approved of the sugges
lions made by Mr.. Dee, that proceed
ings should be attempted against EgaI
and Foster, and 1t was perfectly agree
, able to us that Mr.. J. Alfred MagooI
should act as attorney for Mr.. Hustac'
| with the above end In view, provide,
Mr.. Hustace should see fit to emplo,
him. In approving Of the plan sug
gested for the protection OF Mr.. Hus
tace We did not In any way connive a
an attempt on the part of Hustace I,
prevent recovery OF the judgment. blu
were actuated by a sense OF justic,
{ and a desire that Egan and Foste
should be made to disgorge their shar
of. the plundered funds OF the Kamal
Gupar rnmpanv iuttad n, thio dc
sire we were Joined by large nun
Der, II not all, of the stockholders o
the Kamalo Sugar Company, Limited.
!. ]. ALFRED MACON.
! Dated Honolulu, June 23rd, 1904.