The Hawaiian gazette., 1905-05-19

motion to the contrary.
81 take that as an intimation that the !
court would like to hear from me-
was Magoon g reply. and he added that |
he was glad to hear it. He called l..
II. Dee as witness.
DEE ON STAND.
The examination of Dee consumed
the entire afternoon session, and was
not concluded when the time for ad-
journment came. On his direct ex-
animation, Dee testified to the conver-
sations in which himself, Magoon and
Hustace discussed whether there was a
way to make Egan and Foster pay the
balance of the Kamalo judgment, Hus-
tace having paid his proportion. Ma
goon said he thought there was way
for Hustace to avoid further payment,
said Dee.
Dee said he himself suggested that IL
anything was to be done Hustace ought
to pay the cost, as it would benefit
him and the Kamalo Sugar Company
had paid enough costs. The amount
of $3.50 was suggested and it was
agreed that Hustace should pay Ma
goon n retainer of $3.50.
In the next discussion Dee stated
that it was reported that examination
of the law had developed the fact that
no proceeding against Egan and Foster
was possible until the execution
against Hustace had been returned un-
satisfied.
"The plan then suggested was for
Hustace to take up the whole judg-
ment and then sue Egan and Fostef,"
said Dee. "Hustace didn't see that
that would beneht him and that led up
to the execution and it was decided
that it would be impossible to do any
thing against Egan and Foster until an
execution against Hustace had been re-
turned unsatisfied.
AS means of satisfying the Kama
! 10 Sugar Company in case of Hustace
being relieved, said Dee, it was pro-
posed by Dee that bond be given by
Hustace. 1t was finally agreed that
the whole matter should be left in
allegiance until the return of j. +. Nor
| gan, who was on the coast.
"Hustace came to me and said his
attorney, Aleck Robertson, was not
satisfied with the arrangement and we
| all went to Robertson g office, where
the argument was about Hustace get
| ting the property out of his name so
that an execution could be returned
unsatisfed.' Dee said that Hustace
stated his willingness to carry out the
plan.
TO SECURE KAMALo.
Dee differed with both Hustace and
Robertson as to the bond proposition,
asserting that condition of the trans
fer plan was that he secure the Ka-
malo Company by bond, and he posi-
lively denied Hustace' s. testimony that
the latter was to be relieved of fur
ther liability under the Kamalo judg-
ment. The object of the plan was to
prevent Hustace from having to pay
more and get the money out of Egan
and Foster.
Dee said that Hustace broke his
word by transferring his property with
out having filed bond as agreed, and
that an execution was Immediately got
out against Hustace. Dee also fatty
contradicted Hustace's testimony that
Hustace had informed him of the trans
! fer as well as Hustace's testimony
that Dee had constantly urged the
transfer. "It was the other way
said Dee, che was after me, asking me
not to ruin him.
Lightfoot questioned Dee about his
conversations with directors of the Ka-
malo Sugar Company, during the nego-
tiations with Hustace, with view to
showing that the company approved
what Magoon was doing, but Ballou
objected. He offered to admit with
out objection any testimony of direc'
tors themselves, but said that Dee was
not competent to testify on the sub
ject After good deal of argument
the court sustained Ballnn g objection
On his cross oss-eXamination, Dee told
Attorney Ballou how he had urged
Hustace to transfer his property as the
best means of satisfying the judgment
against him, or rather as the safest
means, and admitted that he had want
ed to spare Hustace, if possible, and
had therefore endeavored to exhaust
every means of getting enough from
Foster and Lgan to satisfy the judg
ment.
ave did not want to hurt Hustac,
if we could help it," he said, "ant
when Hustace expressed a disinclina
! tion to go into court any more, having
been troubled enough, / said that
would carry the matter into court.
represented the stockholders of the Ka
. malo Sugar Company, and was respon
sible to them. And / would not hav
: stood for Magoon doing anything t
| the prejudice of Kamalo."
And it was after this that the ad
mission came about the payment of tn
fee of $3.50.
COURT NOTES.
Judge Lindsay has granted the mo
i tion of w. A. Kinney to continue tn
S Parker ranch case until July be
cause of the serious illness of Mrs
= Knight mother of Miss Parker.
I One hundred and thirty-eigh
= pounds of evidence taken before Judg
4 Dole in the election contest brough
by Colonel Iaukea against Delegat
E Kuhio has been placed in the hand
| of Wells-Fargo & Co., for shipment t
Washington. Rather a weighty case
in fact.
6 S. G. Lowe, who installed the Homo
| r,,1,, 20. 10, Inax