The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1905-05-18
MAGOON TESTIFIES



Maroou next took tha stand. being
|cN1mued Bog Liphtfooa lIo stated that
De was an attorney of aI the courts and
since 1855 had practiccd law continuous
w. MaEoon said he remembered the
Kamalo litigation. having been employ
ed in it after the death Of Attorney W
A. Henshal The matter went to the
Supreme Court ON a mandamus, said
Magoon. and that was when he began
to take part i'm the suit Magoon de-
scribed his actions I'm various hearings
OF the case. He said that when tn
judgment was partially paid Davis
made motion that the attorneys fees
be distributed from the judgment Il
opposed this" said Magoon. holding
that the attorneys should wait till all
the judgment was in. Mr.. Hatch and
Mr.. Davis opposed me in this and the
court ordered the distribution. The
award was $25OO eaos to three original
torneys-Neumann, Henshall and
Davis" Magoon said he got either 500
or $1,000 out of the Henshan fee. and
that he had done practically all the
work" in the last hearings OF the case,
being alone much of the time.
After Hustace had paid $12, 900 into
court as his share of the judgment
against the three defendants, on July
y, Magoon had his first conversation
with Hustace on the subject There
VAS a question as to how the decree
was to be enforced and Magoon thought
an order of court directing payment UNI
der penalty of contempt was the best
way to collect, but after consultations
decided that the best way was to get
out executions He had entire charge
of this matter, possibly with some ad-
visory assistance from II. McCants
Stewart
AS result of talk with Dee and other
Kamalo stockholders, Magoon said, he
found that the Kamalo people wanted
the balance of the judgment paid by
Egan and Foster. Hence he did not
apply the execution to Hustace but le-
We'd on property Of Foster i'm pursu-
ance of express instructions, Egan not
having any property that could be
reached. When there was no more
property we could find it became neces-
sary to levy on property of Mr.. Hus-
tace if we could find any, and it was
then that | was called by Mr.. Dee to
consult with Mr. Hustace. Dee asked
me if there wasn't some way to reach
Egan and Foster, saying it seemed
hard to levy upon Hustace. l said
thought something could be done We
had discussed Hustace's property. Il
was supposed by US that Hustace had
frauduenuy conveyed away his houss
to his wife in order to escape payment
but we knew Of other property he had,
also of transftr of stock"
Magoon said Dee did nearly all the
talking during thed scussion with Hus-
tace. The attorney said he Thought a
creditors bir' could be brought
against Egan and Foster and Dee ask
ed what it would cost. Il said / would
rtquire retainer of $3.50" and that
did not think the Kamalo Sugar Com
pany should be put to that expense.
Either Dee or / asked if Mr.. Hustace
would pay it, and he was not quite
sure. Mr.. Hustace asked when the suit
. was to be brought, and / said right
away"
Magoon cOntradicted Hustace's testi-
mony that the transfer Of his proper y
had been discussed at this conversatio }.
The fee of $3.50 was paid July A..
=" Soon after Magoon saw Hustace and
Dee again and told them that he had
! OF bring the suits o. at least wJGll
. have great Officially. All went 90 see
W \ G. NJ. Robertson and then the ;iAu
90 V as discussed, HLs ac- to pay tn ur-
. tire Kamalo judgment and go after
W Egan and Foster. Hustace said he
" could not raise the money and tina,
" matter was dropped as entirely out oi
% the question. In consultation with Rob
" ertson Magoon found that the latter
" thought that Hustlcc could not collect
" from Egan and Foster.
W The proposition of transfer of Hus-
" taces property was brought up in the
second or the last conversation, sal
e MagOon Hustace came to Magoon'
W office and was informed of the conClu-
u sion that the suits could not be brought
ID against Egan and Foster till an unsat-
W isfied execution was returned against
% Hustace. 81 told him that the only way
" ! could ste that he could do anything
70 was to make a nominal transfer of his
p'rrelty and that i'm DOING so he must
~ give the KamalO Sugar Company a
10 bond" Magoon said it was not N the
" nature of an instruction or advice. but
20 a mere suggestion and that he had new
70 er at an ytime advised Hustact to fo'-
" low the proposition. He had merely
10 expressed a view OF the law, win the
% idea of doing justice to all.
70 For whom were you acting az the
70 time?"
D.. First, last and all the time / was
acting for the Kamalo Sugar Com
pany," said Magoon. He said that he
. had expected a substantial fee in the
event that he secured the payment OF
al the judgment.
70 Did you at any time act for Mr.
Hustace in manner opposed TO the
10 interests of the Kamalo Sugar Com
q pany?"
Il didn't intend to. If / ever did 4
was an error for l was always looking
after the interests Of Kamalo. It might
have been that my views were CHROME.
Gus, but / understood that / was acting