The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1905-10-31
BATTLE OF
ATTORNEYS
tFrom Sundays Advertiser)

naQ an uHusudl opportunity " O'eNS
the gentle art OF discrimination
from the novel point of view of the
witness chair. Kinney handled him
without gloves, and several times
drove him into tight corners, particu-
larry when in following up Magoon's
statement that he had never advised
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 1t, and
who testified on the same point last
week
Kinney began on the point that Ma
COON had neglected to consult the
mother before seizing 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.
IT 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 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 IL 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 matter.
There was no reason for putting in
his petition the reasons why the moth
er 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
petition and served with process"
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 show 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
20 leo tate tod hr1f
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 II 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
had advanced money to the Hawaii
Ditch Company, but when the two COR
porations were 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. l did not give Par
ker any advice in ditch matters" said
Magoon.
did you not send n bill to Samuel
Parker for $1,000 for advice concern
ing the ditch matter?'
II don't know"
"Oh my" 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 n bill. all right" he
added. There may have been one"
Returning to Magoons claim that
the mother would have been consulted
when n 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 $l2i,000.
Magoon claimed that all be had done,
even in the suits in which he represent
ed Samuel Parker had been done in
the minors interest. Nothing that
Kinney could suggest had been intend
ed to embarrass Carter in holding
possession as guardian. Sending up
Eben Low with instructions to take
possession, giving him orders to try
to run the ranch any way, sending the
Metropolitan Meat Co. orders to pay
no money to Carter; posting notices on
the ranch stopping payments on Ha-
wall, applying for license to sell
Paauhau, none of these was calculat-
ed to injure the interests of the minor
or to hinder Carter as her guardian.
Even the temporary injunction by
which 1t was sought to enjoin Carter
from entering on the ranch at all would
have had this effect, because as Ma
COON triumphantly pointed out 1t was
addressed to Carter in his Individual
capacity, and not as guardian.
This claim opened up a long inquiry.
Magoon's idea of the effect of such an
injunction was that it would leave
Eben Low and the guardian with equal
powers on the ranch. 1t would not
result in Low obtaining complete pos
session
''If 1t had fooled the court and coun-
sci into regarding 1t as keeping Carter
-