The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1905-05-16
'MAGOON'S
TRIAL On
Frank Hustace Relates
Story Of Kamalo
Trouble.


honor and his membership of the Ha-
waiian bar. Chief Justice W. F. Frear
and Circuit Judges Alex. Lindsay Jr
and Chas. F. Parsons constitute the
court the last two as substitutes for
Justices Hartwell and Wilder, dis
qualified.
Sidney NJ. Ballou, petitioner for the
disbarn1ent of the respondent, prose
cuted Mr.. Magoon conducted his own
defense, assisted by former Justice w
A. Whiting and J. Lightfoot, the re-
spondent's associate in practice.
Frank Hustace was the chief witness
of the day, so far as direct bearing
on the principal charges was concern
ed. Magoon fought not always in vain
against answers on the ground that
they were conclusions of the witness
and in DISCRIMINATION strove tc
bring out accounts of interviews about
the Kamalo trouble which would jibe
with the theory Of the pleadings of the
defense.
Within few days after Hustace had
paid his full pro rata share Of the
judgment against himself, j. ]. Egan
and Frank H. Foster-his story ran
he was called to a consultation in the
office of Robertson & Wilder, who were
attorneys for Hustace, Egan and
TT ID oh or
and other shareholders of Kamalo Su-
gar Co. against them. The judgment,
affirmed by the Supreme Court, was
about $4,000. Magoon, who was of
counsel for plaintiffs, and L. H. Dee,
one of them. were at the consultation.
Dee made remarks about the unfair
ness of making Hustace liable for the
entire judgment, it having been in
timated that the other defendants had
conveyed their property out of reach
of execution, and proposed that Hus-
tace should transfer his remaining
property liable to execution, after
which proceedings should be brought
against Egan and Foster to set aside
their conveyances as fraudulent, this
to be followed up by levying on the
in question of those defend
ants. This was the first Hustace knew.
as he now testified, that he was liable
for the whole judgment if Egan and
Foster could not, be compelled to pay
their shares.
Robertson disapproved of the pro-
posal as improper, but Magoon con-
sidered it all right. Later Magoon and
Dee called Hustace to an interview at
Magoon's office and proposed a differ-e
ent arrangement. This was that Hus-
tace should pay the balance of judg-
nent, or buy the judgment as testified,
and then bring suit thereon in his own
name against Egan and Foster. To
his Hustace assented conditionally on
MS power to raise the money. His
property was mostly hypothetical, it
being a time of depression, but he
would see what he could do.
A While later Hustace informed Ma
COON and Dee that he could not effect
he proposed arrangement. They re-
1ewed the proposition of going after
Egan and Foster, and he asked what
t would cost. He was informed that
lie would only have to pay $3.50 to have
| suit brought, and if it We're appeal
I'd to the Supreme Court it would cost
linn 800 more.
Just here a legal contest arose on
Magoon's objection to the witnesses |
statement that sit was understood the |
$50 was a retainer" The end was he |
vas held down by the court to confine |
himself to the substance of the CONVEX
alton if he could not remember the |
xact words.
Hustace went on to say he asked if !
he $50 was required right away. No, !
lie was Informed, within a few days |
would do. That was a Saturday after
loon. On the following Monday morn
ng the witness delivered a check for
10 to someone in Magoon's office. he !
ould not say whether it was E. c. |
'eters, then Magoons partner, or Miss
1ow, the respondents bookkeeper At
IL events he identified the check, pro-
uced now from the exhibits in the
)ee-Smith case out of which these
prang.
Hustace shortly afterward made con-
eyances of property to his brother
nj Others, including a deed of Nuu-
nu property TO w. H. Smith. Then
e went to San Francisco. a week
fter his arrival over, the steamer ST.
ira brought him particulars of a sale
nder execution of the property he had
onveyed which was advertised here for
december. He returned in the Sierra |
D Honolulu. After a postponement
lie sale took place in January. Dee
as purchaser of the Nuuanu proper
y at the execution sale and later
rought quieting title suit TO GUST
NTH.
The result of this suit in favor of
NTH is well-known. Its final adj
Idication by the Supreme Court
rought out the fact of Hustace's pay
lent of $3.50 as a retainer to an at
,rney for his antagonists in the Ka-
lalo litigation.
Hustace told of having been sent for
y Magoon after his return, Dee being
lie messenger.