The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1905-04-10
CASE OF MAGQQN
,(Continued from page one)

,(Continued from page one.)
turn on the 21st. The morning was
spent in discussing Magoon's claims
that Justice Wilder, Justice Hartwell
and Judge De Bolt were disqualified,
in the course of which Magoon repeat
eddy brought the firm of Robertson &
Wilder into the case, claiming that he
was charged with conspiring with that
firm to do the alleged fraud.
When the case was called Magoon
made a verbal motion for a continu-
ance until after April 25, suggesting the
opening day of the May term. Bal
lou objected to settling the case until a
return to the citation had been filed
and an issude made. The absence of
a witness is no excuse for the failure
to make a return today" he said. "The
setting of the case has been for today
has been a matter of great public no
toriety, and there should be an absolute
showing that the witness testimony is
material and that his departure was
without the knowledge or connivance
of the respondent"
Chief Justice Frear asked if MagoOn
was ready to make a return today.
Magoon replied that he was not, and
that the absence of Dee was not his
sole ground for asking a continuance.
He wanted further time for preparing
a return, though a return was not alb
solutely necessary. No pleadings were
necessary said Magoon. though ii was
better that he should file a return
CAS- far as the afidavit is concerned
/ do not think one is necessary said
Magoon, but if the court requires it
1 am ready to prepare it, My state
ment should be sufficient that the wit
ness went unexpectedly without my
knowledge, for the benefit of his
health"
"How soon will you be able to file
a return" asked the chief justice.
Il shall be able 10 file pleading
some time this week, any day before
Saturday" said MagoQn
The Justices consulted and then Will
der started the disqualification discus
sion, which brought out some sensa-
tionai statements. Il would like to
hear what counsel may have to say as
to my disqualification" said Wilder.
Magoon said that hE thought it i'm
proper and embarrassing for Justice
Wilder to sit. He also intended to sug-
gest the disqualification of Justice
Hartwe5l.
Ballou said he didn't think any mem
Der of the court wanted to sit, but that
Wilders connection with the facts of
the case had been so remote that it
did not disqualify him
Magoon argued that Justice Wilder's
conduct was inextrjcably involved with
his own in the case. He said that he
had discussed the deeds on account of
which he is accused with Robertson &
Wilder and was charged with fraudu-
lent conspiracy which he had proposed
to that firm.
Ballou said that THIS was mot the
charge and that there was no con-
spiracy at all alleged, He explained
that the real charge was attacking for
one client a deed which Magoon had
advised for another.
The justices We're about to consider
the matter but Hartwel refused, say
ing he would hear nothing more of the
case until his disqualification or quail
fication was settled. 1T seems proper
that Justice Wilder's disqualification
should be decided by himself" said
Chief Justice Frear. 1T is not proper
that the facts upon which it may rest
should be brought before the other
members of this court now, but of
course Mr.. Wilder himself knows
them"
Under all the circumstances do not
think I should sit" said Wilder Il hold
myself disqualified"
Frear suggested Judge De Bolt and
Magoon said he thought De Bolt was
disqualified. TT is my impression
that he decided the case Of Dee against
Smith largely with reference to my
conduct i'm the case If so he is pre-
JUDGED in the matter and should not
sit. If he will say that in his remarks
at the close of that case he had no in
tention to reflect upon my conduct
then will say he is not disqualified"
On Ballou's suggestion that De Bolt
should be present during the discus
sion he was sent for. De Bolt said
he had expressed himself as he felt
in the Dee Smith case. He did not
feel that he could give Magoon such a
fair and impartial hearing as he was
entitled to. After further discussion,
during which Magoon very emphatical-
ly pressed De Bolts disqualification, De