The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1905-10-28
MACON On
THE STAND
Tells About the $1,000
Fee and Starting
the Suit.

After dreary morning spent on the
details of bookkeeping, the Parker
ranch case took on new life when At
torney Magoon took the stand to tes-
tifv as to his connection with the pres
ent suit.
Being questioned by Lightfoot, Ma
coon testified that his first connection
with Sam Parker's affairs was when
Parker had made Fred Wundenberg hrs
attorney in fact. Wundenberg told
Magoon that Carter had refused to let
him participate in the control OF the
ranch and had threatened partition
proceedings if he persisted. Com
plants We're frequently made of the
mismanagement of the ranch and Ma
COON got the belief that Parker was
suffering considerable loss. The ques-
ton came up Of taking some decisive
step, but Parker said that Carter would
force a partition and inat he was not
ready.
Finally complaints became so numer-
Gus that some step became necessary.
Magoon then looked up the record and
the will of John P Parker and came
to the conclusion that Sam Parker was
the surviving partner and entitled to
the exclusive management of the
ranch. Sam Parker thought he had
signed an agreement that Carter should
have the management, but Magoon
told him that in spite of this it would
be money in his pocket to turn Carter
out and pay any damages that Carter
might recover On the agreement. Then
they wrote to Carter, and getting no
satisfaction Eben Low was appointed
manager of the ranch.
About three or four days before
Eben Low went to Hawaii to take pos
session, J. S. Low wanted Magoon to
take some action against Carter in re-
gard to the sale of Paauhau, his con-
tention being that Carter had refused
to sell at price which was highly ,ad-
to the minor.
It was in this interview that Magoon |
made his famous remarks about the |
Sumner case and the likelihood of 60
ing to jail. He told Low that he had |
just come out of a case involving fierce |
and that this case would |
be Just like it. 1t would be necessary
for man going into this case to defy |
Or disobey the orders of the court if he |
thought that it was right, and they |
would be very lucky if they did not
get into jail. Low said something
ought to be done on behalf of the child.
Magoon refused to take the case, but
Low talked for half an hour on the
subject of how the minor child was
still suffering and would suffer This
worked on Magoon s sympathies to
'uch an extent that he said that he
would take the case if there was a
thousand dollar retainer in gold coin
out on his desk,s but as Low said he
lid not have the money Magoon re-
NAMED obdurate.
The next day Low came again anIi
Urged him to take the suit. Later Sam
'arker came and called Magoon into
Nundenberg private Office where
hey spoke of the case and Magoon re-
erred to the thousand dollars which
vas the only stumbling block between :
he minor and her rights. Parker said /
That will be all right. 7 want you {
take the case. and if you do NOT i
ONE other lawyer will'' Magocn' 5 i
Citations with Sam Parker and Wun- {
enberg were such that he did not '
ant to refuse. Magoon decided that t
suit for the removal of the guardian
as the proper thing under the circum- s
.ances and the suit was brought at d
nee. e
The witness knew nothing whatever
oout the Waikoloa deal. With regard e.
the sale of he Puuloa sheep station Z
ben Low had cabled him to make u
d, but Carter had informed him that re
e purchaser would buy a law suit and
agoon dropped out. When Low came IN
lex Magoon s advice was given "
'alnst the proposition of trying to set u