The Hawaiian gazette., 1904-11-18
KINNEY WAS
NOT IN It
What MCC.lanahan
Knows About
Ditch.

attorneys-Robertso K Wilder, Henry
Z. Cooper and S H. Dcrby-fled
motion for an order that a commissioner
be appointed to take the deposition OF
T.. B. Mechanism, now residing in the
city OF Chicago, Illinois. An affidavit
by Mr.. Derby attached saws that he is
informed and believes that Mr. Nc
Clanahan will testify as follows:
"That the Hamakua Ditch scheme,
which resulted in the present Hamakua
Ditch Company, Limited, was first sug-
gested to him by one ]. T. McCrosson;
that at that time said McClanallan was
a member of legal partnership to-
gether with S NJ Ballou and the plain
tiff, w. A. Kinney, and that they were
doing business under the firm name of
Kinney. Ballou & McClanahan; that the
said scheme being suggested by the said
McCrosson, said McClanahan expressed
a desire to reserve an interest in said
scheme for his partners, Kinney and
Ballou. as well as for himself; that said
Kinney was at that time not in the
Hawaiian Islands and consequently said
McClanahan signed his name to some
of. the preliminary papers in regard to
the said scheme, intending to reserve
for the said Kinney right to partici-
pate in said scheme, if he should so
desire; and that said Kinney was in no
way a promoter of said enterprise; that
as soon as the matter was presented
to said Kinney he declined to have any
thing to do with the same, and that the
defendant, Samuel Parker, was advised
of said Kinneys non-participation in
said matter from the beginning of his
connection with the same, and was also
advised that said Mechanism and said
Ballou acted solely as individuals in
said scheme and never pretended, in
their dealings with said Parker, to act
for the firm of Kinney, Ballou & Nc
Clanahan, or for said Kinney; that any
papers in said matter, bearing said Kin
ney's signature, by an attorney, were
purely formal and known to be so by
said Parker and were made necessary
solely by the fact that said Kinney's
name appeared in the original agree
ment because of the said McClanahan's
desire to reserve for him right to
participate in said scheme, should he so
DESIRE on his return to Hawaii; that
neither said firm of Kinney, Ballou &
McClanahan, nor any member of it,
ever acted or pretended to act for said
Parker who was at all times represent
ed by independent counsel; that the
agreement referred to in the alleged
libel in the above cause was not drawn
up by any member of said firm of Kin
ney, Ballou & Mechanism, nor under
their advice, and was made long time
after said Kinney had declined to have
anything to do with said matter to the
full knowledge of the said defendant,
Samuel Parker; that said Kinney never
took any part in the negotiations in
relation to said scheme, nor did he par
ticpate in any of the meetings of the
promoters thereof, and he had no rights,
duties nor obligations in regard thereto,
all of which said Samuel Parker we'll
knew"
CRIMINAL MATTERS.
The Territory was not ready in the
case of Aroki. assault with a dangerous
weapon at the opening of court yes
terday morning and Judge Gear con-
tinued all criminal cases until Monday.
Stephen Mahaulu's trial for embezze-
=. A.. Il -
next in order after Aroki's.
Akiona Withdrew his plea of not guilty
to the indictment for maintaining lot
ment at hard labor for 20 days. A nolle
prosequi was entered on Akiona's in
dictment for having che ia tickets in
possession,
EMMELUTH WINS SUIT.
Judge De Bolt rendered an oral de-
cision in the suit OF John Emmeluth
VS.. Mary L. Foster. finding for plaintiff
for the recovery OF the property claimed
and for 81 damages Thayer and Hem
enway for plaintiff; +. A. Mott Smith
for defendant. The suit was in eject
ment for an undivided one-half Of the
share OF Opu (k.) in the huiaina Of
Kahana, koolauloa, with damages OF
| S=sb NlhlllltN'
GUARDIANSHIP CONTEST.
Yesterday afternoon Judge De Bolt
partly heard the petition Of Rebecea
kanahelc TO revoke the letters Of guard
ianship issued 10 T. = Kalama and for
the appointment 81 herself NJ guardian
81 kahoopinDio as } and Mahoe (w),
minofs. { ". Ashford Tor petitioner,
q. y Peterson for respondent This
is ihe case where the petitioner repre-
scented tlht ihe appointment Of ihe
guardian Nas procured hastily and ihal
kalAma Nas n0i q N person 30 be ihe
ehildrrn's guardian The hearing was
continued until ? q "a today
FNp or NfW INDUSTRY
Drpmg sheriff A'beu MeGnm ha'
nadr uiHW ~ execution On ihe drh.
elsnff Judgment b. ilf catr ~ "A 90.
ssie ST. nWa'Hu lHY 90 Ia a.
5000 including interest anH a. naf
and dlFfmi allfeh g. pfrHHHsl ~ rel