The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1905-11-03
PARKER SUIT
At 4 TURN
Motion to Remove Low
as Next Friend to
be Argued.

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.
Il have spent some money, but have
not obligated myself
How much?"
Il have not kept any account of it
About how much?"
"Weu. 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?"
Il have already answered that ques-
ton; I have not obligated myself"
Has Magoon ever requested You to
pay a fee?"
We'll, he demanded a fee when we
first went to him"
But afterwards that demand some
how ceaSed?"
Yes"
And from that time he has never
demanded a fee or requested any mon
ey OF you?"
No"
AL IillS point hIilllSS piOuuCCO LIZ" =
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 atf1-
dayit further stated that petitioners
counsel had requested of him the pay
ment of $1,000 on account of his ser
vices
You swore to this application, did
MT you?" demanded Kinney.
Yes, that is my writing, and my
affidavit
IN that affidavit you swore that you
had paid out and expended, and caused
to be paid out and expended the sum
Of $57G.O9, as per statement attached
to your affidavit?"
Yes"
And you swore that your counsel
has asked you for the payment of
$1,000 on account of said services?'
L guess he made that demand"
You guess he did,"
4 do not remember the Incident
You just said that he had never
made any demand on you for any
amount for a fee?"
We'll, if I signed that affidavit he
certainly must have made a demand
at the time, and I have overlooked
the natter
We'll, 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 couct?"
"Wen, 1 do not know that I have
done that; 1 am liable to make mis-
takes, and have the privilege of cor
recting myself
We'll, are demands for items of $4,000
on you so thick that remembering one
or more does not count?"
well, 1 knew if it was made, it
was made on me as guardian ad litem,
and not in person. If l could not get
the amount from the court Magoon
would understand that he does not get
it. He was making the demand on me
as guardian ad litem."
And if you did not get it from
the court he was not to get it,"
THAT is understood; he does not get |
anything from me in person; 1 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 to !
the steers suffering from lack of water |
and to the placing of stays and COWS !
together in the same paddock. In one
letter Fred Carter reported that the |
mud was knee deep at the dairy. There /!
was also an uncomplimentarv reference |
to those fool Japs at the dairy" j
kinney and Ballou spent the after i
noon in reading from the same cor
feSpohdence. There was a series of :
letters from Fred Carter to Sam Par
ker urging the necessity of stables at
Waimea. There were a number of
references to the disposition of the i'm !
ported stock and to the poisoning of |
wild dogs. There was trouble with
the couplings on the WAIKIKI pipe line
ana Meyers condemned a number of
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 all
parts of the ranch We're also dwelt
upon. :,
When the plaintiff rested Kinney
gave notice of his intention to press
the motion to remove Low as next