The Hawaiian gazette., 1905-10-03
WUNOENBERG
UNDER FIRE.
tFrom Sundays Advertiser,

tFrom Sundays Advertiser)
There was no rest for the litigants
IN the Parker Ranch case yesterday.
the court sitting both morning and
afternoon. Fred Wundenberg was on
the stand, Magoon finishing the direct
examination In the course of the
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 Carter's at
torneys found "insufferable legal OBJ
5ectlons" ms delegation of the guardi-
ans authority.
| Kinney, claimed that all the corre-
| spondence was not In, and later pro-
| dnced letter from Carter in which
the writer specified that 1t was only
his troubles with Sam Parker that were
under advlsement, and that he de-
clined Wundenberg's proffered inter-
vention In the removal proceedings
brought by j. S. Low as next friend
Upon ross-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 gentle
but effective mandate.
| The battle began over Wundenberg'e
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 chat the ranch was too valuable
to sell and that
tions 1t would not bring It's true value.
1t was when Kinney began to deIve
into the possibilities of the partners
bidding against each other to secure
possession that interesting financial
statements developed.
1t appeared that not only had the
guardian kept the minors share free
of debt but had accumulated a fund
| OF $250,000 against the contingency OF
sale, while Sam Parkers account
| showed an equal amount on the wrong
side of the ledger. The witness thought
that sale under these circumstances
looked like an attempt to do up Sam
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 Parker had ousted Carter as
manager and sent Eben Low up to
take possession, had Carter taken ad-
vantage of the relative financial con-
ditions to force SALE and asked IL
Parker was not in better shape 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 IL 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 1t was restrained by
injunction by this court. He was shown
the motion aud 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 Parkers interest, to
which Kinney rejoined. well, we don't
know but you're right"
Kinney then attacked the subject of
finances from another side, endeavoringt
to secure an admission that Carter had
acted prudently in lining his war chest.
instead Of indulglng 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
plants. His only grievance was that
he had neither been consulted in re-
gard to the management nor allowed
to share In the control and commis-
sons. He admitted that he had sug-
gested to Carter that 1-2 per cent.
was too little, and that they should
charge per cent. and divide 1t be-
tween them.
Wundenberg did not regard 8 1-2 per
cent. as excessive and both he and
Magoon seemed surprised when that
was read from the 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 had no knowledge of these
conversations. He maintained that he
should have been consulted as the trus-
tee under Parkers trust deed. and that
he had been ignored.