The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1905-05-16
MACON
TRIAL ON
Frank hustace Relates
Story Of Kamslo
Trouble.

y. Alfred naBOOn, dttorIty -ht-ia"'
went on trial before the Supreme Court !
yesterday for both his professional |
honor and his membership of the Ha-
waiian bar. Chief Justice w. F. Frear
and Circuit Judges Alex. Lindsay Jr.
and Chas. f. Parsons constitute the
court, the last two as substitutes for
Justices Hartwell and Wilder. dis
qualified.
Sidney M. Ballou, petitioner for the
disbarment Of the respondent. prose-
cuted. Mr.. Magoon conducted his own
defense, assisted by former Justice w.
A. whiting and J. Lightfoot. the re-
spondent's associate in practice.
Frank Hustace was the chief witness
of the day, SO far as direct bearing
on the principal charges was concern
ed. Magoon fought not always in vain
against answers on the ground that
they were conclusions of the witness.
and in cross-examination strove to
bring out accounts of interviews about
the Kamalo trouble which would jibe
with the theory of the pleadings Of the
defense.
Within few days after Hustace had
paid his full pro rata share of the
judgment against himself, ]. ]. Egan
and Frank H. Foster-his story ran
he was called to a consultation in the
office of Robertson & Wilder, who were
attorneys for Hustace, Egan and
Foster in the suit of H. R. Hitchcock
and other shareholders of Kamalo SUI
gar Co. against them. The judgment,
affirmed by the Supreme Court, was
about $4,000. Magoon, who was of
counsel for plaintiffs, and L. H. Dee,
one of them, were at the consultation.
Dee made remarks about the unfair
ness of making Hustace liable for the
entire judgment, it having been in
timated that the other defendants had
conveyed their property out of reach
of execution, and proposed that Hus-
tace should transfer his remaining
property liable to execution, after
which proceedings should be brought
against Egan and Foster to set aside
their conveyances as fraudulent, this
to be followed up by levying on the
property in question of those defend
ants. This was the first Hustace knew,
as he now testified, that he was liable
for the whole judgment If Egan and
Foster could not be compelled to pay
their shares.
posai as improper, but Magoon con-
sidered it all right. Later Magoon and
Dee called Hustace to an interview at
Magoon's office and proposed a differ
ent arrangement. This was that Hus-
tace should pay the balance of judg-
ment, or buy the judgment as testified
and then bring suit thereon in his own
name against Egan and Foster. To
this Hustace assented conditionally or
his power to raise the money. His
property was mostly hypothecated, II
being time Of depression, but he
would see what he could do
A while later Hustace informed Ma.
COON and Dee that he could not effect
the proposed arrangement. They re-
newed the proposition of going after
Egan and Foster, and he asked whai
it would cost. He was informed tina
he would only have to pay $3.50 to have
a suit brought, and If it were appeal
ed to the Supreme Court it would cos
him 500 more.
Just here a legal contest arose OF
Magoon's objection to the Witness
statement that 1T was understood thu
31Be was a retainer" The end was h.
was held down by the court to confin'
himself to the substance of the CONVEX
satisn If he could not remember tn
exact words
uustace went on TO say he asked 1
the $50 was required right away. Nc
he was informed, within a few day
would do. That was Saturday after
noen. On the following Monday morn
ing the witness delivered a check 70
y1ue 70 someone IN Magoon's office, h
ssuld not say whether 1t was E.
X8ookb, thCh AAa8oOh POI ehStt Va a. 10
Law, the respondents bookkeeper. A
ell events he identified the check, pro
aueea now from the exhibits In tn
Dee-smith case cut Of which thes
aisbarment proceedings immediatel
spFang.
Hastace shortly afterward made con
yeyances OF property to his brothe
and others, including a deed OF Nuu
anu property to W. H. Smith. The
he went TO San Francisco. A wee
after his arrival ever, the steamer 81
ezra brought him particulars OF a sal
under execution Of the property he ha
conveyed which was advertised here 70
December. He returned in the Sierr
to Honolulu. After a postponemen
the sale took place in January. De
was purchaser OF the Nuuanu proper
ty at the execution sale and late
brought quieting title suit to GUS
Smith.
The result OF this suit in favor o
Smith is well-known. Its final ad
Indication by the Supreme Cour
lrnrobt out the fact nj Jusfa ca,a ma u