The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1905-10-10
.L|GHTFOOT
ON EQUITY.
tFrom Sundays Advertiser,

Legal ethics furnished the chief tonic,
or discussion In the Parker ranch case
yesterday, and the cross-examination OF
Lightfoot developed into an argument
as TO the duties OF counsel when seek
ing ex parte injunctions.
| The witness CLOSED his direct ex-
animation by describing his return
from Hawaii after Eben Low had fail
ed to get possession OF the ranch. car
Ter and Henry Il. Cooper had started
for Kailua, and the witness rang nm
Judge Edings and requested to be mott
fled before any action was taken nj
the request of the other side Having
obtained the Judges promise which he
claimed had been broken. the witness
TOOK the steamer for Honolulu, and as
sisted In drawing and presenting to
Gear petition for an injunction, the
OBJECT of which was TO tie Carriers
hands while Low took possession.
why didn't you get your Injunction
In the Third Circuit A" asked Kinney.
Because the estate OF Annie It. X.
Parker was pending In the First Cir
cult" replied the witness.
But you did not operate in the name
of Annie 7, X. Parker when you re-
turned, did your
well, the guardian as guardian
was holding possession against u.s.
who is us'?' flashed Kinney.
Samuel Parker replied the wit
ness.
Kinney produced the petition In the
case of Samuel Parker VS.. A. w. Car
ter, which had been presented to Judge
Gear In the hopes of getting tenn
porary injunction.
do you recognize the duty OF coun-
sci is seeking an ex parte Injunction
to state the defendants claim fully and
fairly?"
II recognize the duty OF counsel to
state all material facts" replied Light
foot. but | don't think they are called
upon to file brief on behalf of the
defendant"
Don't you think that the fact that
Annie T. X. Parker owned half that
ranch was material fact?' asked
Kinney.
mot on our theory of the case"
rs there any reference to Annie T.
X. Parker in that petition from first
to last2"
II don't Know" said the witness,
land can't say care very much"
Kinney took up the petition in detail.
He asked Lightfoot II It was fair to
omit all reference to the minors own
ership and the fact that A. w. Carter
was her guardian, and to represent
that A. w, Carter was merely dis
charged employee of Samuel Parker who
was trespassing on the ranch. Light
foot replied that according to their
theory OF surviving partnership Carter
was discharged empoye. As to
whether or not 1t was possible for him
to be a trespasser on his wards prop
erty Lightfoot said he would have to
consult authorities.
Kinney further objected to refer
ence to Parker wanting to close the
partnership business, to the statement
that the property of the Parker ranch
was on Oahu as well as Hawaii, and
to the suppression OF the fact that the
deceased partner had been dead thir-
teen years Lightfoot denied repeated
ly that anything material had been
omitted.
1T have stated It many times" said
he. land will state fifty times more If
you like, that the petition Is a fair
statement of all the material facts,
taking into consideration our theory of
the case" ~
The witness admitted that the OBJ
ject of seeking the injunction was TO
get Carter out of possession and put.
Low in, and Kinney began on that
feature OF the law.
Don't you know that II Is outside of
the pale of equity jurisdiction to trans
fer possession by means OF Temporal
ry Injunction" demanded Kinney.
The witness thought that If Carter
had been given possession as manager
and now claimed 1t as guardian the
court would have jurisdiction.
''Didnt Magoon try that in the case
of Wundenberg W.. Markham and
didn't the Supreme Court rule that an
injunction would not be granted to
change possession"
II am not familiar with the facts of
that case" said the witness.
Kinney asked II the court was go
ing to sit In the afternoon, claiming
that the other courts could not be as
busy as supposed If Judge De Bolt was
unable to find attorneys ready to try
caes. The court decided to cut out the
afternoon session and adjourned till
Monday morning.