The Hawaiian gazette., 1905-04-14

untrue. shows 60 this Honorable
Court
That the record In this Court shows
that these proceedings against re-
spondent were instigated and are be-
ing prosecuted by :. NJ. Ballou. Thnt
said Ballou, In the matter OF the guar
dianship OF Annie 7. X. Parker. Tor
the removal Of guardian, is one OF the
attorneys for A. w Carter, guardian
in said matter. and that respondent IL
one of the opposing attorneys; that
in said matter there has been filed by
the attorneys Of said Carter an afi-
davit charging this respondent with
conspiracy, and counter affidavit
charging the attorneys OF said Carter
with conspiracy; that In addition TO
the charge of conspiracy said Ballou
is charged In said matter with mall
practice and moral turpitude; that as
proof of said latter charge against said
Ballou, the undisputed record of this
Court shows that said Ballou was,
prior to said removal proceedings, one
of the attorneys for Samuel Parker In
a large irrigating ditch enterprise,
that said Parker under the advice OF
said Ballou or his then partner or part
ners entered into contracts In said en-
terprise involving large sums; that
said Carter In said removal proceed
ings, in which said Ballou was his at
torney as aforesaid, filed an af-
fidavit charging said Parker with
conspiracy, in consequence of Par
ker's connection with the said
ditch enterprise said Ballou thereby
acting in a manner hostile and preju-
dicial to the interest of said Parker,
the erstwhile client of said Ballou; that
said Ballou was the attorney for de-
fendant in this court in the case OF
Dee VS.. Smith, out of which case the
charges In the Information herein
grew and made in the argument before
this court an uncalled for and vicious
attack upon respondent; that said Bal
lou thereafter took IL upon himself to
call the attention of the court, by writ
ten charges. to the conduct of respond
ent in said suit, Notwithstanding that
the court was as fully informed of re-
spondents conduct before as after the
charges of said Ballou; that there is
now pending in the Circuit Court of
the First Circuit a suit for libel,
brought by respondent against said
in which suit respondent may be ad-
versely affected in case said Ballou can
induce this court in any way to disci
pline respondent; that because of the
unlawful conduct of said Ballou in the
matter of said Parker; his unprofes-
sional conduct in the argument of said
Dee Smith case; his hostile attitude
in making said charges against re-
spondent and his motive of self-inter-
est in prosecuting these charges
against respondent, respondent sub
mits that said Ballou Is an unfit and
improper person to present the infor-
nation herein against respondent, and
that it is unjust and unfair to re-
spondent. and to the court, that said
Ballou should be permitted to prose-
cute the charges under said informa-
tion against respondent, all of which
matters and things respondent Is able,
ready and willing to prove.
Wherefore respondent prays that an
order be made herein requiring said S.
NJ Ballou to appear and show cause
why he is not disqualified to prose-
cute the charges under said informa-
tion, and pending hearing of said mat
ter that proceedings under said infor-
nation be stayed.
Dated Honolulu. April II, 1905.
]. ALFRED MAGOON.
The plea is acknowledged before No
tary George Lucas.
COURT NOTES.
The Federal Grand Jury yesterday
had two members of the Senate,
N oh
sentative Greenwel before it to
give testimony upon a case con-
cernlng which there is great secrecy,
of course, but which is said to involve
certain persons in the Kona country.
Also the corridor of the judiciary
building was filled with japanese,
presumably called to attend upon the
grand jury sessions.
Judge De Bolt has dismissed the sec
ond case of alleged violation of the
election laws against big Jim" Ku-
pihea, and the chief of the Red Shirt
Brigade is now out of his trouble.
Stipulations have been filed in the
two libel suits brought by ]. A. Ma
goon against the Star, by which it is
provided that the motions to make the
complaints more definite shall be heard
on April 26.
Judge Robinson has made an order
reducing the alimony in the Mage
divorce case from $50 to one dollar a
month. Mrs. Mage has filed an ap-
peal from the order granting her hus-
band divorce and this order stops
her payments while the matter is
pending.
Ito, japanese woman charged
with selling liquor without a license,
was acquitted by jury in Judge De
Rnlt'S