The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1905-10-01
WUNOENBERG
UNDER FIRE
Saml. Parker's Agent
Cross-Examined
by Kinney.

There was no rest for the litigant
in the Parker Ranch case yesterday
the court sitting both morning anc
T, AFTERNOON. Fred Wundenberg was OF
the stand. Magoon finishing the direc
examination in the course of tht
morning.
| Magoon referred to an attempted set
tlement of the litigation, and the wit
ness produced correspondence in which
he suggested a board of three to man
age the ranch, to which Carriers at
| torneys found 'insufferable legal OBJ
| jections'' as a delegation of the guardi-
ans authority.
| Kinney claimed that all the CORE
spondence was not in, and later pro-
duced a letter from Carter in which
| the writer specified that it was only
his troubles with Sam Parker that were
under Amusement, and that he de-
clined Wundenberg' proffered inter-
vention in the removal proceedings
brought by J. S. Low as next friend.
Upon cross-examination there was
some fierce sparring over Kinney's
searching questions. At times Magoon
would interpose lengthy objections, and
at other times the witness himself
would fatty decline to answer until
Kinney suggestively called for the
bailiff and the court interposed a gentle
but effective mandate
The battle began over Wundenberg's
statement that A. w. Carter was not
acting in the best interests of the
minor in forcing a partition or sale
of the ranch. 1t was the witnesses
idea that the ranch was too valuable
to sell, and that under present condi-
tons it would not bring its true value.
1t was when Kinney began to delve
into the possibilities of the partners
bidding against each other to secure
possession that interesting financial
statements developed.
It appeared that not only had the
guardian kept the minors share free
of debt but had accumulated a fund
of $3.50, OOe, against the contingency of
sale, while Sam Parker's account
showed an equal amount on the wrong
side of the ledger. The witness thought
that a sale Under hese circumstances
Parker, but admitted that SO far as
the minors interests were concerned
no better time could have been chosen.
Kinney brought out that, at no time
before Parke- had ousted Carter as
manager and sent Eben Low up to
take possessio,L had Carter taken adj
vantage of the relative financial con-
ditions to~forse salesssand asked If
Parker was NOT in better shane now
than at many times during that period.
Wundenberg strenuously objected to
answering the question, and when COM
PEELED by the court said he thought
Parker worse off now than at any time
before the fight was precipitated.
The witness was then asked if he
knew why the partition suit, which
appeared to be so advantageous to
the minor at this particular juncture,
was not being pressed. He replied that
he understood it was restrained by
injunction by this court. He was shown
the motion and affidavit of Magoon on
which the injunction issued, and to the
question as to whose interest Magoon
was acting in when he procured the
injunction said he supposed he was
acting in Sam: Parker's interest, to
which Kinney rejoined, We'll, we don't
Know out you re right
Kinney. then attacked the subject of
finances from another side, endeavoring
to secuse an admission that Carter had
acted prudent1y in lining his war chest,
instead of indulging in all the ex-
penditures involved in Eben Low
lengthy catalogue of needed improve
ments. The witness disclaimed any
knowledge of what was needed on the
ranch stating that the complaints on
that score in the suit were not his COM
plaints., His only grievance was that
he had neither been consulted in re-
gard to the management nor allowed
to share in the control and commits |
sions. He admitted that he had sug-
gested to Carter that 1-2 per cent.
was tob little, and that they should
charget5 per cent. and divide it be- /
tween them.
Wundenberg did not regard IL per
cent. as excessive and both he and
Magoon seemed, surprised when that
was read from sthe complaint as one
Of the charges against Carter.
On the subject of consultations Kin !
ney referred to several occasions when
Carter consulted directly with Sam
Parker, but with one exception, the
witness had rad no knowledge of these !
He maintained that he
should have cen consulted as the trus-
tee under Pa ker's trust deed. and that
he had been ignored.
-.-s-.s-sIs.s<.Is<ss+.sZ