The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1904-08-16


replete with ACCUSATIONS against Mrs
Knight. Mr.. Carter and some of their
attorneys.
! j. Alfred Magoon started the ball
rolling with a motion to have the af-
fidavits read, which was opposed in
turn by Messrs. Ballou, Kinney, Rob-
ertson and Dunno, Mr.. Magoon reply
ing. The opposition was based on the
theory that the form of answer was
irregular, that the merits of the case
We're not being tried on affidavits. If
| these were made part of the case, then
the Carter side would claim the right
to put in counter affidavits and oral
evidence besides on the points raised.
Judge Gear finally took the question
of the affidavits under advisement until
Wednesday morning although through
out the argument till near the end he
seemed inclined TO the view that Lows
position in the matter, which the Car
ter-Knight party attacked, was imma-
terial for the reason previously given
by the court-namely, that the court
might take cognizance of information
by anybody, even act of its own motion
whatever way the knowledge came to
it. when charges were uttered of
wrongdoing to a minor whose affairs
Were under the courts supervision.
Mr.. Ballou had only got fairly started |
ed remarks that. under the tanning of
a question or two by the court ex-
tended into a speech lasting the major |
part of an hour. The point Mr.. Kinney !
Item should be absolutely disiIlterest-
ed, as not only his positive acts pur-
porting to be on the wards behalf /
might otherwise be biased by self-in-
terest, but important points of investi-
cation into the wards affairs might be
suppressed from selfish motives. AL
ready, for instance, Lows own plead
ings showed such a suppression of
titions he kept dark about his being
an officer and a shareholder in the Ha-
makua Ditch Co., a corporation shown
in the same documents as wanting to
buy certain of the wards lands.
Mr.. Robertson called attention to the
rule of equity that a guardian could not
buy his wards property nor sell prop
erty to his ward. Therefore, the dis
qualification of Low as guardian ad
Item, from his being a. desiring pur-
chaser of property from the ward was
apparent and material. Further, coun-
sci argued the rule that equity could
only be sought with clean hands. and
Lows hands being shown to be UNI
clean equity would swallow its own cud
by continuing his guardianship at law.
Mr.. Magoon, arguing on the basis of
the afidavits presented, held up Mr..
Lows position as being practically dis
interested. He contended strongly for
the regularity of the course of answer
ing the petition by affidavits and accus-
ed the other side of having wasted three
months of time in efforts to prevent
Low $ pet1Uon Tor Garter removal from
being heard on it's merits. They kad a
demurrer ready to interpose if they
failed in the present tactics and he did
not know how many more methods of
obstruction.
Mr.. Kinney in his speech had referred
to statement in one of the aff1davits,
alleging a reckless waste of the minors
estate in the hiring of ten lawyers TO
oppose Lows proceedings. The reply
OF Mr.. Kinney was in effect that Mr..
Magoon was .''hogging' everything for
himself on Lows side, as a deponent
said that even Mr. Lightfoot, who sign
ed the papers as associate counsel with
him, was only in the case "out of
Mr.. Magoon asked indulgence for
pleasantly in reply. If counsel OPP
posite would state what fees they We're
getting and the court allowed him an
equivalent thereof. he would undertake
to retain as many lawyers on his side
and divide the fee with them. An al
fusion to "a lot of squealing pigs" in