The Hawaiian gazette., 1905-11-03
SUIT
At A TURN

The petitioners case in the Parker
ranch litigation came to close yes
terday When Jack Low left the stand
Magoon announced that he had no
more evidence to offer. but wished to
call the courts attention to some OF
the letters already on file. The de-
Tense claimed the same privilege, and
both sides read from the correspond
ence, after which the case of the plain
tiff was formally closed. Kinney there
upon gave notice that the guardian
would rest his case, so far as his mo-
ton to remove the next FRIEND was
concerned, upon the evidence already
before the court. and that he should
ask to be heard on the motion this
morning.
Lows troubles were by no means
over when he took the stand. After
a series of questions concerning the
frequency of his calls on the father
and mother of the minor, Kinney led
the conversation back to the question
of fees and expenses.
Have you expended any money in
this suit, or obligated yourself for any
money!" asked Kinney.
II have spent some money, but have
not obligated myself"
How much?"
81 have not kept any account Of it.
About how much?'
"Well. 1 guess up to a hundred dol
lars"
Have you rendered any account of
that to Mr.. Magoon?"
mo; do not intend to render any
account Of it. 1t was for small sums
at different times"
"Well, have you obligated yourself?"
81 have already answered that ques-
tion 1 have not obligated myself"
HAS Magoon ever requested you to
pay a fee?"
well, he demanded fee when we
first went to him."
But afterwards that demand some
how ceased?"
Yes"
And from that time he has never
demanded fee or requested any mon
ey of you?"
mo"
At this point Kinney produced Lows
motion for costs and counsel fees,
backed by his affidavit that he had
paid out and expended and caused to
be paid out and expended" the items
mentioned in the account. The afii-
davit further stated that petitioner s
counsel had requested of him the pay
ment of $4,000 on account of his SER
vices"
You swore to this application, did
MT your" demanded Kinney.
Yes, that is my writing, and my
affidavit
"In that affidavit you swore that you
had poid out and expended, and caused
to be paid out and expended the sum
of $4,000, as per statement attached
| to your affidavit?"
yes"
| "And you swore that your counsel
has asked you for the payment OF
$4,000 on account of said services?"
II guess he made that demand
You guess he did,"
| II do not remember the incident"
| you just said that he had never
made any demand on you for any
amount for fee?"
well, If 1 signed that affidavit he
| certainly must have. made demand
at the time, and / have overlooked
the matter"
well, don't you know that you told
him all along that you had no money!
Yes
"Well, what do you mean by swear
ing to one thing there and then an
other here in court?"
''Well, do not know that I have
done that; 1 am liable to make mis-
takes, and have the privilege Of cor
recting myself"
well, are demands for items of $4,000
on you so thick that remembering one
! or more does not count?"
well, l knew If it was made, 1t
was made on me as guardian ad Item
and not in person. If l could not get
the amount from the court Magoon
would understand that he does not get
1t. He was making the demand on me
as guardian ad Item"
"And If you did not get it from
the court he was not to get it?"
THAT is understood; he does not gel
anything from me in person; / have
nothing to give him."
The letters read by Lightfoot were
from the correspondence between A
w. Carter in Honolulu and Fred Car
ter at the ranch. They referred te
the steers suffering from lack of water
| ana 10 the placing Oh stays anu COVE
together in the same paddock In one
letter Fred Carter reported that thu
mud was knee deep at the dairy. Ther'
was also an uncomplimentary reference
to chose fool Japs at the dairy"
Kinney and Ballou spent the after
noon in reading from the same cor
respondence. There was a series o.
letters from Fred Carter to Sam Par
ker urging the necessity of stables a.
Waimea. There were a number o.
references to the disposition of the i'm
ported stock and to the poisoning o,
wild dogs. There was trouble will
the couplings on the WAIKIKI pipe Lint
and Meyers condemned number o
them, but the line was finished in for
ty days and the flow of water ex
ceeded the estimates by fifty per cent
Fred Carriers frequent visits to al
parts of the ranch were also dwell
upon.
When the plaintiff rested, Kline.
gave notice of his intention to pres
the motion to remove Low as mex
friend. Magocn objected to hearing
the motion. Judge Lindsay set tn
whole matter for $3.50 this morning
| and linifed argument tn two hours nj