The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1905-10-31
FEE II WAS
THAT TOl D
Not Lows Urging but
Parker's $1,000
Talked.

a gallery to Judge Lindsay's court room
yesterday. The proceedings were high
ly entertaining. the first item OF inter-
est being Kinney's request for the pro-
ductfon of Lows letter to Hind, Rolph
& Co which had been referred to on
Saturday. Magoon made strenuous OBJ
: lection to bringing it forth until such
/ time as Low should be on the stand
to explain it, but the court ruled other
wise, and the letter was produced. 1t
bore date of October %, 1904, and was
evidently in reply to a letter calling
down the next friend" for participant
| ing in the case.
Low defends himself vigorously, and
| incidentally throws some light on how
he came to start the litigation. Some
of the more interesting statements in
the letter are as follows:
Il was exceedingly surprised at Mr..
John Hind and yourselves being dunn
founded over my explanation of the
| Parker case, as 1 certainly showed
that I considered his and your inter-
| ests as well as the interests of this
agency before I ventured to proceed in
| the case. / enclose herewith for your
IperusaI certified copies of letters pass
ing between Mr.. John Hind and Mr..
| J. T. McCrosson, contents of which I
hope will relieve the dumfounded feel
ings of Mr.. John Hind and yourselves.
The mention I made of my intention to
l. pay this agency a portion Of all and
| any remuneration I may receive from
| the courts in representing the minor
/ in these proceedings was not given as
a reason for my having entered into
this litigation for your behalf, but was
directed to you in answer to your
statements. / wish to add further in
regard to the Parker case, that while
personally undertook to protect the
interests of the minor in this case as
her next friend, at the urgent solictta-
/ ton of those interested in the Hama
kua Ditch Co, want you to thorough
| ly understand that I am not misrepre-
senting myself in any dishonest way in
the presentation of this suit. It is my
feeling at heart to see that this minor
child, who is a blood relative of mine,
| is not robbed of single cent by any
one. Now that I am in it, / will have
| to see the finish, as I am no gutter
land do not wish to impress the public
that I was not sincere in my actions.
AS to what little prominence has been
given you and the criticisms cast upon
iyou. I can only attribute same to the
dirty methods of pleading for which
Mr.. Kinney is noted, but all of which
lhave been specifically denied by counter
affidavits filed in my behalf"
The last sheet of the letter had been
cut in two. Magoon stated that the
remainder was private ana immaterial,
but Judge Lindsay requested him 10
produce it for the inspection of the
court. - .
The McCrosson-Hin letters referred
to were no longer in Lows possession,
but Magoon had read them, and Kin
lney examined him at length as to what
was in them. 1t appeared that Nc
iCrosson had written to Hind that suit
Twas to be brought to remove Carter,
Eben Low having quoted Judge Dole
as authority that this could be done
under certain circumstances. Hind was
asked to contribute his share of the
.eXpense, and to consent that Jack Low
should act as plaintiff, he being a rela-
tive of the minor. 1t was Kinds letter
of acquiescence that Low had sent to
San Francisco as a justification of his
details, for though the correspondence
had been brought to his attention at
the time of the Ballou libel suit, he had
not asked for the letters, nor did he
want to see them,
! MagOon thought that these letters
contained the first intimation he had
had that John Hind was in any way
connected with the ditch company. but
upon being shown the counter-aftidavit
he had prepared for Low his recolIec-
ton was refreshed, as the matter was
referred to therein.
! Kinney then took up that portion of
! Sam Parker's affidavit which purported
to tell all the conspiring and co-operat-
ling that Parker had done. He pressed
/ the witness closely as to why no men
| ton had been made of the promise
! to stand good for the thousand dollar
fee. Magoon insisted that the state
ment that Parker expected to be call
ed and testify and to do all that he
could TO aid in the suit fully covered
1.-THE point.
Kinney further questioned the ingen-
uousness of the statement in Jack
Lows affidavit, following Magoon's re-
luctance to take the case, that after
deponent Now) had fully explained the
matter, Magoon finally consened. The
witness explained that this was strict
ly true in point of time and was not
intended to convey the impression of
cause and effect. He admitted that
after all Lows explanation he was still
ondurate. and that the efficient inter-
Venlng cause was Parkers request
backed by his promise of the fee
After the noon recess Magoon asked
permission to withdraw temporarily
and to put on John Austin of the Elk
pertinent SatiOn. His testimony came
ike an intermezzo between two acts
OF melodrama. Once more the court
wandered amid the peaceful pursuits
or agriculture, where corn and pigs
brought forth according to their kind
Breaking land at Waimea was very
expensive and poke worms were very
uncertain. but whenever the witness
approached the border line of testify
ing as TO net profits he was shut off
by objections from the vigilant Kin
ney