The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1905-05-17

balance of the Kamalo judgment. Hus-
tace having paid his proportion. Ma
COON said he thought there was a way
for Hustace to avoid further payment,
said Dee.
Dee said he himself suggested that if
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 Hustaee should pay Ma
COON a retainer of $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 I'M
satisfied.
''The plan then suggested was for
Hustace to take up the whole judg-
ment and then sue Egan and Foster
said Dee. ''Hustace didn't see that
that would benefit 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 unsatisfed.
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. F. 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 8 office, where
the argument was about Hustace get
ting the property out of his name so
that an execution could be returned
unsatisfied.' Dee said that Hustaee
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 a 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
Their 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 fled bond as agreed, and
that an execution was Immediately got
out against Hustace. Dee also fatty
contradicted Hustace IS testimony that
Hustace had informed him of the trans
fer as well as Hustace's testimony
that Dee had constantly urged the
transfer. cit 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-
tlations with Hustace, with a 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
joct. After a good deal of argument |
the court sustained Balloons objection.
On his cross-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 Egan to satisfy the judg-
ment.
eve did not want to hurt Hustace
if we could help it, he said, "and |
when Hustace expressed disinclina-
ton to go into court any more, having
been troubled enough, I said that I
would carry the matter into court
represented the stockholders of the Ka-
malo Sugar Company, and was respon-
sible to them. And I would not have
stood for Magoon doing anything to
the prejudice of Kamalo.''
And it was after this that the ad-
mission came about the payment of the
fee of $3.50.
COURT NOTES.
Judge Lindsay has granted the mo-
ion of w. a. Kinney to continue the
Parker ranch case until July be-
,ause of the serious illness of Mrs.
Knight, mother of Miss Parker
One hundred and thirty-eight
pounds of evidence taken before Judge |
Dole in the election contest brought | !
~ Colonel Iaukea against Delegate
<uhio has been placed in the hands
If Wells-Fargo & Co, for shipment to
Rather a weighty case,