The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1905-10-31
|MAGO0N ON
THE STAND
cNrom saturday.s AdvertIser.l

Ohrom Saturdays AdvertiserD
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-
tify as to his connection with the pres
ent suit.
Being questioned by Lightfoot, Ma
goon testified that his first connection
with Sam Parker's affairs was when
Parker had made Fred Wundenberg his
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 were 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 ana tnat 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-
vantageous to the minor.
1t was in this interview that Magoon
made his famous remarks about the
Sumner case and the likelihood of CO.
ing to Jail. He told Low that he had
Just come out of a case involving fierce
personalities 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
such an extent that he said that he
would take the case if there was a
thousand dollar retainer in gold coin
put on his desk, but as Low said he
did not have the money Magoon re-
manned obdurate.
The next day Low came again and
urged him to take the suit. Later San;
Parker came and called Magoon into
Wundenberg's private office where
they spoke of the case and Magoon re-
ferred to the thousand dollars which
was the only stumbling block between
the minor and her rights. Parker said:
<'That will be all right. I want you
to take the case, and if you do not
some other lawyer will" Magoon IS
relations with Sam Parker and Wun-
denberg were such that he did not
want to refuse Magoon decided that
II sui IOT Int TeHONdl VI INC Suti
was the proper thing under the circum-
stances and the suit was brought at
once.
The witness knew nothing whatever
about the Waikoloa deal. With regard
to the sale of the Puuloa sheep station
Eben Low had cabled him to make a
bid, but Carter had informed him that
the purchaser would buy law suit and