The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1905-02-28
MACON PAYS
BACK THE $3.50

Continued from page oue
tacc That if hc Intended to proceed with
such plan. Doc could get another attor-
ney and Hust8cp got Mugoou. paylng
N0o' which IS now returned to him
The transcript Of Robertson's testi-
mony when questioned by }. j. dunno
before commissioner i'm the case Of
Dee vs. Smith, contains the following.
What connection did you have with
MIR. Magoon2'
Mr. Magoon. q object on the same
grounds"
Mr. Dunno. is il In your own office
A. AT my own Office Mr.. Magoon
favored Hustace making transfer
for the purpose advocated by Mr.. Dee"
Q. What were those purposes"
a. Those ! have already stated. the
purpose was to take the property that
then stood i'm Hustace's name and was
liable to execution and put it I'm the
name Of someone else, so that the
sheriff could make a return Of the
execution showing that ne could not
find any property of Frank Hustace
subject to execution, and thus enable
either the Kamalo Sugar Company, or
the Kamalo Sugar Company acting
through Hustace perhaps-I don't know
that l went into the whole matter with
Mr.. Magoon,-at any rate to enable Mr.
Magoon, through the court, to get this
property supposed to have been trans
ferred by Igan and Foster.
@. You say that in the conversation
in your Office Mr.. Magoon favored that
idea?
A. yes"
Q. Can you recollect what he said?"
Mr.. Magoon. Il object on the same
grounds"
A. Il had some argument with Mr..
Magoon on the subject. didn't favor
Mr.. Hustace making any such transfer,
and so advised Hustace against it pre-
viously. Mr.. Magoon argued that
would not be an improper thing for him
to do. l might say that doubted the
propriety and advisability of Hustace
making a transfer; and / told Hustace
if he intended to go on with any steps
I i'm that line he had better get some
other attorney to attend to the matter
| for him, I having acted for Egan and
Foster as we'll as himself i'm the Ka-
, malo litigation"
After further questioning Robertson
said: 1T was conceded i'm those talks
that the ordinary and easiest way for
| the Kamalo Sugar Company to satisfy
! this judgment would be to proceed
entirely against Hustace, as he had
property available and could be levied
on for the satisfaction of the judg-
, ment; but as Dee put it. it would be a
| shame to compel Hustace to pay more
than he had paid, and it would not be
right to let Egan and Foster off at the
expense of Hustace. 1t occurs to me
now in those conversations with Dee,
that he told me that he wanted to do
: anything he could to prevent an in
Justice being worked on Hustace."
Cross examination by Mr.. Magoon.
Q. do you remember whether or
not it was stated in those conversations
that i'm this transfer Mr.. Hustace was
to get someone to be security, cor be
bondsman. in case that the money
should not be recovered after the Ka-
malo Sugar Company exhausted it's
| remedy against Egan and Foster, that
Hustace would pay the balance of the
Judgment
A. IT have no recollection that any
suggestion was made i'm my presence.
might say this: that I didn't go into
the details of how the thing should be
worked out, in talking over the matter
from "A legal standpoint with yourself,
because l never favored the idea OF
Hustace making a transfer. He had
been severely censured by the court
for his position i'm the Kamalo case,
and he felt it severely; and l didn't
want to see him do anything further
that would in subsequent litigation
bring any more censure on the part Of
the court. ="
Q. AT the time when you say that
you doubted the propriety of the trans
action, did you not say that you
thought the court would criticize such
step?
A. Yes, that was what / thought,
and what | said"
Q. and did / not say to you that
thought the court upon being fully in
formed of all the circumstances would
not criticize it, that, as a matter Of
fact. it ought to be done with the full
knowledge of the court?"
A. NO ! don't recollect that you
| ever suggested that It ought to be done
with the knowledge of the court; you
didn't take my view of the improperly
of the proposed transfer"
KINAU RETURNED THIS MORNING
The steamer Kinau returned this