The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1905-05-20
MAGOON AND
The HUSTACE FEE


Husage AMY further Bob tno directors.
mootugs "lt might have been taIkll
of while we were waiting for meetings
ID boz called Co order" he said. 10 had
also been frequently discussed BOB many
places and he had often talked with
Dee about &c. Dee was the one. as far
as the witness knew, who always gave
instructions to magoor.
ON being shown "a letter he had sign-
ed approving MaRoou's conduct in the
case the witness said he recalled an un-
Outstanding that Magoon was TO try
and get Egan and Fosters shares of
the judgment. The document also ap-
proved the employment Of 'Magoon by
Hustace.
On further examination by Bauou
said that when he signed the letter b.
did not know that Magoon had acted
for Hustace. He had no recollection Of
having known that
Captain G. X. Clarke. another direct
or of Kamalo. was called and testified
that he did not remember knowing
anything about Hustace having paid
MagOOn a fee. He did not remember
anything about a plan 10 go after Egan
and Foster and iu fact remembered
very little about it, He took very little
interest in the business and had no
opinion about how TO proceed under the
execution. As 60 the letter approving
the attorneys conduct Clarke said he
signed it without reading IL. LightfOor
met him when he was ln a hurry on the
street, or wharf or somewhere. and he
signed it without reading H. Wasn't
il signed at your house one evening""
asked MagOOn
Clarke recalled then that he had sign
ed paper at his home one evening.
when Lightfoot called. He did not
know what it was, but recognized his
signature. He had seen David D8ytOn's
signature and knew the paper was
about KamalO and signed. He did not
know whether the letter was the one
signed on the street or at his house.
The captains memory about the whole
Kamalo matter was finally found 10 be
very indefinite.
-. II. Lewis was the next director
called. He said his first knowledge OF
the Hustace fee 10 MagOOn was when
he saw it recently 30 the newspapers.
He did not know Of anyone but Dee iu-
STRUGGLING the attorneys directly but uu-
derstood that Dee was instructed By
the directors.
Albert Barnes, secretary Of the Ka-
malo meetings, testified that he did nor
remember having known that MagOou
had received "A fee from Hustacc. Ha
dld not remember much Of the discus
sions at kamalO meetings, not having
/ taken part.
DR.. a. Mourhz, who said that he was
/ unfortunately" "a heavy slockhold.r
in the Kamalo Sugar Company. "if Il
was still IN existence" was the next
witness called. He said he held 100
shares Of paid-up stock ana 1866 shares
OF assessable. lie did not know, AT the
! Time Of approval Of what had been
done that Hustace had paid Magoon q
/ fee. Under cross-eXamniation DR.. Mou-
ritz, said that he was not consulted
about what was being done I'm Kamaio
| matters.
| WAS IT your desire that the balance
should be collected from Egan and Fog-
/ ter?' asked MagoOn.
yes, for ] believed that Hustacc was
an innocent victim" said the witness.
/ Asked If he would have been satisfied
10 nave Hustace relieved altogether,
/ DR.. Mouritz said: "As u gtockbolder
. yes, as director, no."
He would have favored q plan TO col
lect only from Egan and Foster. but
wanted 10 know first where # wouid
lahd hamalo interests. ~ was Oppos-
ca 10 the whole litigation from the
start" he said, FOR ! knew where Ka-
malo would end. The bones OF Kamalo
are bleaching In the sand. ] am oppos-
co to all litigation"
Under further examination by BalIou.
! Dr. MOuritz said that Kamalo was a
yerltable star chamber" and that he
could not find out anything about what
was being done. He said there was no
meeting Of the stockholders between
May 1893, and July 1903, though he ap-
pied TO the directors to have meetings
/ called. In 1903 he proceeded to grid on
ms armor and turn out the board of
I directors. MagoOn asked il Lightfoot
had not assisted him ana Mourltz re
piled that he had the control I'm his own
pocket MagOOn wanted TO know II tho
witness relations with the attorney
were not always cordial and DR.. Mou-
ritz replied that he would swallow
anything" 10 get rid Of litigation. 81
would have abandoned the whole udg-
ment," he declared IN very emphatic
terms. u opposed the approval Of the
attorneys report because II recon,
mended further litigation"
David Dayton was the last witness
for the prosecution. He Is a former
president Of Kamalo and was president
during much Of the litigation being In
CURED into. lie stated that While hc
was president or director OF Kamalo ne
had not had any knowledge that Ma.
COON had accepted a fee from Hustacl
IN connection with the Kamalo ltlga
ton His first knowledge Of the fact
came from the newspaper accounts OF
the trial Of the case Of Dee vs.. Smith
Under cross-eXaminauon Dayton said