The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1905-05-20

been employed by Hustace. His ex-
PLANTATION was that he had repeated
the facts over and over again, and il
had never been understood that he
represented Hustace even If he acted
in a manner beneficial TO him.
To a string of questions on that
point. the respondent stuck TO his
pleadings to the effect that he never
dreamed of allowing Hustace TO escape
liability for the whole of the $35, 900
Judgment against Hustace, Egan and
Foster.
Ballou questioned him closely on the
legal phases of the proposed bond, some
questions being overruled. He was
asked if the considerab BILE researches in
his office as testified showed whether
or not bill in equity against Egan
and Foster, to recover the balance of
the judgment, could be maintained if
Hustace had given bond to secure its
payment. Magoon answered that the
only conclusion he recollected as be-
ing reached was that nothing could
be done against Egan and Foster UNI
til an execution on Hustace's property
was returned unsatfsfied.
Then he was asked if the intention
was to have concealed the existence
of the bond from the court in equity,
so that the defense could not be set
up that the plaintiff had an adequate
remedy at law, he answered shortly
that he would have concealed nothing
from the court. The matter anyway
had never been considered. A question
as to what law books were searched
on the question of a creditors bill in
equity against Egan and Foster had an
objection to it by Whiting sustained.
REBUTTAL BEGINS.
E. A. Douthitt was the first witness
called in rebuttal. AS a stockholder
and a director of KamaIo Sugar Co.
be remembered no meeting at which
it was ever suggested that execution
against Hustace should be stayed un-
til a creditors bill against Egan and
Foster could be brought. Their idea
was that Hustace had been honest in
paying his share, about $4,000, of the
judgment. This caused much SYM
pathy for him, but their idea was to
get the amount of the judgment any
way. His own statement al the time
to the directors was that nothing could
be done until a bill in equity was
brought to set aside the conveyance by
Hustace to Smith.
Magoon questioned witness about a
feeling at meetings of directors
against making Hustace pay the whole
judgment.
Yes. there was feeling expressed. .
Douthitt answered with emphasis on
expressed" which caused a laugh.
Then he continued Nothing was said
at the time that we were to waive any
of our rights, but the idea was that
Egan and Foster ought to be made to
pay their shares
H r. Hitchcock testified he was
director of K S. Co. at the time the
Kama1o suit was started; had been a
director from the company's start UNI
til August L, 1903 Magoon was a por-
ton of that tine acting as attorney
for the company. He did not know
that Magoon ever accepted fee from
Frank Hustace in any matter connect
ed with the Kamalo Sugar Co.
In cross-examination by Magoon he
did not remember that it was ever
talked of in business meetings of the
directors that execution should be
levied on Egan and Fosters property
before going after Hustace. That was
the feeling. He personally felt that 1T
would be hard on Hustace to follow
him UP after he had paid about $12,
900 but he did not think he ever went
so far as to suggest that Hustace
should be excused altogether from pay
ing any more. He heard about execu-
lions on Fosters property in Pauoa
valley. Though he personally thought
Egan and Foster ought to be got after,
he did not remember ever having
heard it expressed at a meeting of di-
rectors. L. H. Dee and himself had
expressed themselves that way outside.
He owned stock now, and in 1902-a
couple of hundred shares.
Witness could not remember ever
hearing anything about holding in
allegiance proceedings against Hustace
until creditors bills were brought
against Egan and Foster. To Magoon
he said he remembered talk about a
suit against Foster for property on
Molokai. also he had a vague recol-
lection of talk about Hotel street prop
erty. He did not remember anything
said about Egans property on Punch
bowl, but did recall some talk about
Egans having brewery stock without
anything about a suit.
To Ballou he said he had no recollec-
ton of stay of the Hustace execution.
E. A. Douthitt, recalled by Magoon,
remembered having been asked by him
to enter the Kamalo litigation as as
sociate counsel with himself and Light
foot. 1t was impossible for him to re-
call the date, as he did not pay much
attention to the offer at the time, but
thought on being given the date it
was after the Foster execution. The
object of this questioning, as stated |
by Magoon, was to show that there |
was no concealment of his actions on |
behalf OF the Kamalo Sugar Co.
Chief Justice F'rear wished to open |
this mornings session at O'Clock, but
at the request of counsel took off fiji |
-eap ,,,invtac At 4.47 rho I,aarioo, was