The Hawaiian gazette., 1904-08-16
WARM TALK !
UNDER OATH
Parker Litigation
Grows Full
OdiOus.

Nearly all of yesterday was consume
ed before Judge Gear in wrangling over
| side issues pertaining to the estate of
| Annie T. *. Parker, a minor. The
| Advertiser some days ago published the
| text of petition filed by Mrs. knight,
mother of the minor, praying for the
cancellation of the appointment of j. 5.
Low as guardian ad Item of the minor.
Time was given by the court, at the re-
quest of Lows attorney, to answer the
petition of Mrs. Knight.
Yesterday morning the answer arriv-
ed in the form of "book' of affida-
Wits printed in large newspaper type.
These documents were crowded with
contradictions of Mrs. knights state
ments, as well as those of A. w. Carter,
guardian of the minor, besides being
replete with accusations against Mrs.
knight, Mr.. Carter and some of their
attorneys.
j. Alfred Magoon started the bail
rolling with n motion to have the af-
tidavits 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 afiidavits 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
1T, when charges We're uttered of
wrongdoing to minor whose affairs
were under the courts supervision
Mr.. Balou had only got fairly started
in argument, when Mr.. Kinney interject-
ed remarks that under the tanning of
a question or two by the court ex-
tended into speech lasting the major
part of an hour The point Mr.. Kinney
emphasized was that guardian ad
Item should be absolutely disinterest-
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 suppression of
facts. In his original and amended Pc
titlons he kept dark about his being
an officer and a shareholder in the Ha-
makua Ditch Co, 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
litem, from his being 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 I'M
clean equity would swallow its own cud
by continuing his guardianship at law.
Mr.. Magoon, arguing on the basis of
the alfidavits 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 afiidavits and accus-
ed the other side of having wasted three
months of time in efforts to prevent
Lows petition for Carriers removal from
beng heard on its merits. They had 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 affidavits,
alleging 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 OBJ
posite would state what fees they were
getting and the court allowed him an
equivalent thereof, he would undertake
10 retain as many lawyers on his side
illu NV lbf lilt lee Win tltIll. An al
usion 10 "a lot of squealing pigs" in
return for the 'hogging" suggestion,
vas the pleasantly he brought out.
Mr.. Kinney promptly took up the
challenge, ON condition that Samuel
'arker's fee TO Mr.. Magoon We're thrown
nto the pool.
Mr.. Dunno had not been present when
he 'hogging" was mentioned but ar
lived Ia time To catch the remark about
'squening pigs" In an undertone he
commented on the dignihed legal prae-
Ice" being exhibited,
Mr. Magoon admitted the Justice of
he sarcasm, but threw the responsible
~ for tho introduction of the hog
ltetirs upun the other side,
Tho depoHeuls Ia tho afndayits ln
question are !, 3 Low, samuel Parker
ni y Nuuduuhrrs They an deny
hH rharsu az conspiracy but Inv and