The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1905-04-12
.BALLOU IS QUALIFIED
CONTINUED from page one)

show that the disbarment proceedings !
is criminal. Lightfoot replied that !
the time had not come for production of
such authorities. In the midst of
Lightfoot's argument he was interrupt |
ed by the court informing him that his
time allowance was up. He was al
lowed until eleven o'clock and spent
the time in quoting further authorities.
At the close of Lightfoot's argument
the court stated that it did not care
to hear from the other side, and an
nounced a decision Frear speaking for
the court. The motion is denied"
said Frear. 1.-THE court can see moth
ing i'm the statutes of Hawaii the au-
thortes cited, the statements in the
motion or the argument of counsel to
indicate that Mr.. Ballou is disqualified
or to require an order from him to
show why he is not disqualified"
Frear then inquired as to the nature
of the pleading. He said it was not n
plea Speaking for myself 1 cannot
see how the words special appearance
! apply" the chief justice said. 1T is
not a special appearance. The plea, or
| motion, or whatever it is is denied"
Magoon's affidavit in support of the
motion for a continuance contains the
! following:
Now comes j. Alfred Magoon ana
! being first duly sworn ON oath deposes
! and says that l.. II. Dee is a material
witness i'm respondents behalf i'm the
above entitled matter. and that said
Dee departed from the Territory of
| Hawaii. as deponent is informed and
. D i lon Ga .if if.
and belief alleges and AYERS ON or about
the stu day of April 1905, on the steam
ship Alameda bound for SAN Fran
cisco That prior to the departure of
said Dee as aforesaid, deponent had no
intimation of any description that said
Dee intended so to depart, or that he
had any intention whatever of leaving
the Territory of Hawaii and when
deponent was informed after that said
Dee had sailed as aforesaid that he
had left the Territory deponent was
taken wholly by surprise. That depo-
nent is informed and believes and up
on such information and belief alleges
that said Dee left the Territory of Ha-
waii on account of his health. That
he has been very sick man for a long
time and was advised by his physician
that an immediate trip was absolutely
necessary for the preservation Of his
health; that said Dee intends to return
to the Territory of Hawaii on the 18th
day of May 1905"
The affidavit says that Dee will testi-
fly that he had charge If the Kamalo
litigation against Frank Hustce and
instructed Magoon; that Dee wanted
Magoon to do what he could to recover
from Egan and Foster the balance OF
the Kamalo judgment and that Frank
Hustace would pay all the expenses IN
the matter: that Hustaces object WAS
not to escape liability bus to induce the
company to get as much as possible out
of Egan and Foster before calling fur
ther on Hustace.
Dee will testify it is set forth, that
Magoon informed Hustace that he was
! powerless to take steps while Hustace
had objectionable property and that
the only way to proceed against Egan
and Foster was for Hustace to transfer
his property so that judgment against
him would be returned unsatisfed, and
! that Hustace must first give a bond +,
I Magoon that he would pay if the pro-
ceeding against Egan and Foster did
not produce the amount required. The
smith deed and deed to Charles Hus-
tace were made without the consent OF
knowledge of said Dee and deponeni
and in bad faith on the part of SAID
Hustace, and not i'm pursuance of any
PLAN advice or suggestion given by
said Magoon," says the affidavit.
The directors of the KamalO Sugar
Company were aware of and approved
the proceedings says the affidavit. AT
o ter making the deed Hustace left thu
Territory and Dee instructed Magool
to investigate Hustace's property up
" on which Magoon found out about TIM
transfers and then Dee told him 4
proceed with the lien under the IA
. malo execution.
An amdavit by Dr. Wood, as to Dee
, illness, was also hled.
sumed name and thereby defraud hi
creditors there is nothing to hinde
every man on the police force fror
a doing the same,
- We desires therefore to go ON re
cord as disappearing the methods G
j., instrumentation made by the Hig
u Sheriff to the auditor as TO the ideu
tity of Paul Smith, finding no facts L
o Justify any such action on his part.
Respectfully submitted
!, OSCAR p. cox,
q. w MAHIKOA.