The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1905-10-29
BATTLE Of
ATTORNEYS
Kinney Puts Magoon in
~ - Tight Corners in -
Court.

The examination of Magoon by Kin
ney yesterday developed into a battle
| royal between the attorneys. Magoor
had an unusual opportunity to study
/ the gentle art of cross examination
witness chair. Kinney handled him
| without gloves, and several times
| drove him into tight corners, particu-
| larry when in following up Magoon's
| Sam Parker on ditch matters Magoon
| had to say that he did not remember
! whether he had ever sent Parker a
| bill for $1,000 in that connection or not
and again when Magoon was driven
into a theory of one of his injunctions
! totally different from that of Light
! foot who helped him prepare it, and
who testified on the same point last
week
Kinney began on the point that Ma
mother before Selling the reins as
next friend" for Jack Low: Magoon
having said that this would be useless
as the mother was biased.
Did you consider the propriety of
| setting up in your application that the
mother had been set aside for bias?''
| asked Kinney.
81 did not consider it necessary" was
the answer.
Did you have any talk with Judge
| Gear, when you obtained the ex parte
| order about the position of the moth
err"
None except that the mother was
named in the petition
Did you not recognize that the
mother had the first right to act in
such a matter?" asked Kinney.
There is no first right about it," said
Magoon. 1.-The court would recognize
anybody who had right to act, wheth-
er it was the mother or first or fourth
cousin or an entire stranger. The in
terests of the minor are what the court
looks at
Magoon said he recognized that the
courts pay attention to the wishes of
a father or mother in such a matter.
There was no reason for putting in
his petition the reasons why the moth
err had not been consulted.
Was there any motive to conceal
the matter from her?"
None whatever. 1t would have been
impossible, for she was named in the
Aye, but that was after you had
the appointment of Low safe in your
hands," retorted Kinney.
Magoon further denied that he had
anticipated that Mrs. knight might
protest or snow to the court Jack
Lows connection with the Ditch Com
pany. He could not explain his motive
in putting in the petition the allegation
that Jack Low and John Parker had
been reared together as brothers.
Magoon knew that Jack Low had
some interest in the Hamakua Ditch
Co McCrosson was also interested, but
while McCrosson may have talked from
the standpoint of the Ditch Company,
Low had had no interests save those
of the minor.
Kinney asked Magoon if he had seen
the letters between Hind and McCros-
son wherein Hind was asked, as an Of
ficer of the Hamakua Ditch Co, to put
up for the expenses of the suit to re-
move Carter.
Magoon said he had seen copies of
them, but did not have them in his
possession.
Kinney gave him notice to produce
the copies
AS regards Sam Parker's interest in
the Ditch Companies, Magoon said he
IN a
Ditch Company, but when the two cor
poratfons We're formed Sam retained
an interest in the Kohala one but not
in the Hamakua.
What was the reason for severing
the two companies?" asked Kinney.
II don't know I did not give Par
ker any advice in ditch Matters said
Magoon.
Did you not send bill to Samuel
Parker for $1,000 for advice concern
ing the ditch matter?'
''I don't know
ooh N.Y. said Kinney. do you get
thousand dollar fees so often that you
can not remember one?"
Magoon said he could not remember.
IF you have such a BILL all right" he
added. There may have been one"
Returning to Magoon's claim that
the mother would have been consulted
when a new guardian was appointed,
Kinney reminded the witness that his
guardian ad Item had applied next
day to sell the minors real estate to
the value of $124000.
Magoon claimed that all he had done,
even in the suits in which he represent
ed Samuel Parker had been done in
the minors interest. Nothing that
could suggest had been intend
ed to embarrass Carter in holding
possession as guardian. Sending up
Eben Low with instructions to take
giving him orders to try
to run the ranch any way, sending the
Meat Co. orders to pay
no money to Carter; posting notices on
the ranch stopping payments on Ha-
vail applying for n license to sell