The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1904-06-24

was not fraudulent. The decision of the
case so far as Mr.. Smith Is concern
ed is in these words at 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 MIR. Hustace.
my adversary in litigation. to make a
fraudulent disposition of his property
to defraud the Kamaio Sugar Company
for whom was acting. and then delib-
erately brought suit to avoid the fraud
ulent deed. l 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. / observe
that Judge Gear did not see fit to criti-
cize the banker who also advised Mr.
Hustace to make transfer of his prop
erty. All that 1 did was in the inter-
ests of fair play to Mr.. Hustace who
had manfully paid one-third of the
Judgment, and my principals did not
want to see him pay any more, IL the
balance of the judgment could be re-
covered from his co-defendants; for VI
he had paid the whole judgment, 1t be-
ing q case for damages, he could not
recover 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
my principals will appear by state
ment signed by the directors of the Ka
malo Sugar Company in part as fol-
lows.
I'm June, 1902, Harvey r. Hitchcock
and others, acting for the Kamalo SUI
gar Company, Limited, obtained judg-
ment against Frank Hustace, F. II.
Foster and j. j. Egan for a 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
fore heartily approved of the sugges-
tons made by Mr.. Dee, that proceed
ings should be attempted against Egan
and Foster, and it was perfectly agree
able to us that Mr.. j. Alfred Magoon
should act as attorney for Mr.. Hustace
with the above end in view, provided
Mr.. Hustace should see fit to employ
him. In approving of the plan sug
gested for the protection of Mr.. Hus
tace we did not in any way connive at
an attempt on the part of Hustace to
prevent recovery of the judgment, but
were actuated by sense of justice and
a desire that Egan and Foster should
be made to disgorge their share of the
plundered funds of the Kamalo Sugar
Company, Limited. In this desire we
were Joined by a large number, if not
all, of the stockholders of the Kamalo
Sugar Company, Limited"
j. ALFRED MACON.
Dated Honolulu, June 23rd, 1904.