The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1905-10-28
MACON AND kinney I.
Continued from mage one.

dian Carter that Low was interested in
the Hamakua ditch. Kinney brought
out that the ditch company had been
refused by Carter a right of way across
the Paauhau lands, and that McCrosson
of the Hamakua Company, as we'll as
Low, had said that Carter should be
removed
Kinney asked about an alleged letter
from McCrosson to Hind, Roph & Co.,
asking the latter, as parties interested
in the Hamakua ditch, to put up money
for the suit to remove Guardian Carter.
Magoon said he had seen copies. Low
had them. Kinney asked that Magoon
produce them later on. Magoon did not
know of letter from Hind, Rolph &
Co., to j. S. Low, and the reply He
had not heard of the other letter until
the time of the Ballou libel suit. Ma
COON said he knew when he filed the
petition to appoint Low next friend that
the Hamakua Ditch Company had been
refused a right of way by Guardian
Carter. He did not know Sam Parker'a
exact position with regard to the ditch
es. He knew that Parker had advanced
money to the Hamakua Ditch Company,
but thought the Kohala Company was
| to repay Sam.
what was the idea in severing the
ditch companies?' asked Kinney.
"I don't know, l was not consulted"
Did you not send a bill to Samuel
Parker for $1,000 FOR advice concerning
the ditch matter?"
Il don't know"
ooh N.Y. said Kinney. do you get
thousand dollar fees so often that you
cannot remember one?"
Magoon said he could not remember
IF you have such a bill, all right" he
added. There may have been one. I
had nothing to do with the franchise
except incidentally, as far as Parker
was concerned"
Kinney returned to the motives Of
Low and McCrosson.
Are you prepared to swear that in
urging or bringing the suit against the
guardian you never thought Low and
McCrosson might be acting in the in
terests of the Hamakua Ditch Company
rather than the minor?" was asked.
Il swear positively that no such idea
ever entered my mind with regard to
Low" Magoon said. He declared that
he did rot know what Lows interest in
the ditch was, and had since found out
Ithat he had none, though he had
thought at the time of the petition that
Low had.
After further questions as to Lows
right to act, Magoon was asked why he
had fought the proceeding to have Low
removed. Because l thought the court
would consider the interests of the mi
nor rather than your malicious attack
on Low" he replied. He went on to say
that Kinney was going off on side is /
sues, to direct from the real issue of
the case. Instead of meeting it square
ly and fairly you want to go off on side
issues" he repeated He went on to
say that $4,000 had been lost to the mi
nor through the refusal to sell Paauhdu
a year and half ago. you have sold
it now for exactly the price offered then,
Tl24,OOO, and she has lost $4,000 interest
by the delay"
Suppose it should be held that it is
a great pity that she has had to sell at
all?"
Magoon said this was an utter impos-
sibility. There was no other possible
view than that the harm had been done.
I'm other words you consider yourself
q AANbAC SUI dlllllSuly ana settle the
whole matter yourself?"
Lightfoot objected to the little god.
Let him go on, I'm ready for him"
said Magoon. Lightfoot said he object
ed to bringing the Almighty into the
case.
There are gods and gods" said Kin
ney.
Are you one of them?" asked Light
foot
Lightfoot pressed his objection, and
Judge Lindsay ruled that the language
was a bit strong. Kinney proceeded to
attempt to show that Magoon had de-
cided all questions in his own office.
and proceeded to carry out his own
ideas without regard to the rights or
opinions of others, and with as much
secrecy as possible. He asked Magoon
If he had not acted with as little re-
gard to the rights of others as he could
and keep out of jail?"
mo sir, l didn't" Magoon replied
with emphasis.
Kinney next proceeded with duestions
as to whether the interests of Annie r.
*. Parker, the minor, and Samuel Par
ker, were opposed. Magoon admitted
that after the refusal of Carter TO con-
cere Parker's right to manage the
ranch, the interests of the two parties
We're adverse, and that one attorney
could not properly represent both.
Whereupon Kinney attempted to show
, that Magoon was doing so. Magoon
, would not admit this. He declared that
he was not representing the minor ex-
, cepl III the matter Of removal of her
/, present guardian and securing a fit one.
and that this did not affect her general
property interests.
That is your opinion" said Kinney.
The temporary injunction to keep
Carter from continuing management of
=, the ranch, was discussed at great
, length, and was not done with when
court adjourned. Kinney intimated
that Magoon had not dealt fairly with
the court, and had suppressed the truth
? In drawing petition for an Injunction
to prevent Carter calling him q dis