The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1905-04-03
CHARGES AGAINST
MACON
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,(Continued from page one.)
your Honorable Court on the 25th day
of February, 1905, referring the COM
plant of Sidney NJ. Ballou, as to the
conduct Of J. Alfred Magoon, am attor-
ney Of the court, to me, for investiga-
ton, l would report as follows:
The charges made against Mr.. Ma
COON are,
First. That in the case Of Dee VS..
Smith the evidence shows that j. A.
Magoon, while acting as attorney for
certain judgment creditors. stockhold-
ers Of the Kamalo Sugar Company,
Limited, accepted a retaining fee from
Frank Hustace, one of the joint judg-
ment debtors in the matter of advising
him how to escape from the full la
bility Of the judgment, thereby acting
at the same time and I'm the same mat
ter for two clients whose interests were
Numerically opposed.
Second: That ]. A. Magoon advised
said Frank Hustace to make a deed Of
all of his property to a third person, the
necessary effect Of which would be to
hinder, delay and defraud his creditors,
including the stockholders of the Ka-
malo Sugar Company, Limited, for
whom J. A. Magoon was then acting as
attorney.
Third: That said j. A. Magoon, af-
ter having given the advice aforesaid
and while retaining the retainer paid
by Frank Hustace, betrayed the inter-
ests of his client by not proceeding a
gainst the co-defendants OF said Hus-
tace as agreed, but, on the contrary,
causing execution to be levied on GER
tain property conveyed by said Hustace
and after sale, attacking said convey
ance as fraudulent.
Shortly after receiving the above not
ed order from the court, referring the
matter to myself for investigation, 1
informed Messrs. Ballou and Magoon,
by letter, of the fact, and requested
them, at their earliest convenience to
forward to me any statement which
they considered would bear upon the
matter. Both responded, and Mr.. Ma
COON filed a voluminous brief, covering,
not only citations from the records Of
the case Of Dee VS.. Smith, but also out
side matters which tend or would seem
to tend to explain much that Is in the
record.
As the matter Is Of so serious a ma
ture, involving the reputation and
honor of n well known practitioner Of
the bar, / have spent considerable time
I'm examining the record I'm the case Of
Dee VS.. Smith and also carefully GO
ing over the matters called to my at
tention by Mr.. Magoon. The pressure
Of court and office work however, has
compelled delays from time to time In
my examination Of the matter and I
have been unable to report at an earlier
opportunity
l believe that my position should be
that OF an inquisltorial officer rather
than a judicial one, and that I should
not pass upon the merits Of the defense
presented to me, or express an opinion
as to whether 1t would completely ex-
onerate the defendant these being mat
tiers only for a judicial body but that
should decide whether there are suffi-
Client grounds upon which to base the
charges filed, leaving the court to de-
eide, who Is to be believed under con-
nlcting statements, and what weight
shall be given to the testimony offered
on either side.
Mr.. Magoon has quoted from the re-
cord testimony OF various witnesses
that tend or rcfute the testimony a.
galnst him. lie has also offered evil
dence outside Of the record, but the
decision, seems to be TO be entirely
with your Honorable Court, and as l
find from the evidence, Of various wit
nesses I'm the record that Mr., Ballou's
charges are borne out by their testi-
mony, / therefore feel 1t my duty to
present charges against Mr. Magoon,
which ! herewith file with this Court,
regretting exceedingly that this unplea-
SAINT duty Is forced upon me.
have also deputized Sidney NJ. Bal
lau, Esq, as a Deputy Attorney Gen
eral, to present this matter before the
court and leave It in your hands for
Judgment ana decision,
Yours respectfully,
LORRIN ANDREWS,
Attorney General
In the matter of j, Alfred Magocn,