The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1906-02-03
GUARDIAN
IN TROUBLE
Judge Lindsay Declares
Kalama's Accounts
Fraudulent.

| OF a guardianship matter before hin
yesterday, Judge Lindsay said i
"reeked with fraud and ought to b.
referred to the Attorney General
| Guardian and ward. too, were father
and son. Perjury by the guardian wa:
one of the things. to the courts mind
clearly established.
An Objectionable feature taken notice
of was the payment of two $50 attor-
! ney's fees to T. McCantS Stewart, the
second one having been paid for per-
| forming practically the same services
| as those for which the first one had
| been charged.
| 1t was in the matter of the estate OF
| NJ. K. Waalaaulani, a minor whose
| father. T. s. Kalama. was the guardi-
| an. A sale of the minors real estate
| had been advertised to be held today,
| ana Frank E. Thompson appeared on
| behalf Of the minor to protest against
| it. Owing to the discovery of ir-
Irregularities by w. r. Sims, master,
| Judge Lindsay had previously revoked
an order approving the accounts of
| the guardian.
G.. F. Peterson appeared yesterday
| to argue for the sale as lin the in
terest of the minor, but the develop
ments in court were such that, after
the hearing, he withdrew as Kala-
mas counsel To an Advertiser re-
porter he stated that his reason for
so doing was the fact that Kalama
had made false and misleading state
ments to him.
Judge Lindsay at first considered on
ly a postponement of the sale, but I'LL
timately Cancelled it indefinitely.
In his account-the first one present
ed in about five and half years of
the truSt-the charges scheduled
against the minor amounted to 1864
of which 500 was in fees to T. Nc
Giants Stewart, $26 court expenses and
$500 allowance to guardian for board
and lodging of ward July 6, 1900. to
Dec. 6, 1905, So mos at S." For the
rest store bills aggregat ting $3.50, pre-
sumably for the wards apparel, are
itemized.
He charged himself, did the guardi-
an with but $3.50, being two solitary
payments of rent by T. F. Lansing
who, by the way, appeared in court
with Mr.. Thompson. For the stew
ardship of about 80 acres of land for
sixty-five months this was decidedly
a bad showing in itself 1t was very
much worse from the added fact that
land bought with inventoried cash of
the minors estate, stated in evidence
to be rented for $50 a year is not re-
ported upon at all by the guardian.
On December II, 1905. Kalama petit
toned for leave to sell the minors
real estate. 1t was stated in the petit
ton that the minor was the owner in
fee simple of one-half a piece of land
containing 59.4 acres and of all of a
piece containing 3.05 acres. An offer
OF $500 had been made for the minors
interest in the property. The state
ment was made that it would be for
the benefit of the minor that the prop
erty be sold, the proceeds thereof APP
piled for the maintenance of the minor
and the balance invested for his bene-
fit. 1t was also stated that the estate
was indebted for taxes and other OBJ
legations, and the income from it in
sufficient to pay the debts and support
the minor.
In his petition to be appointed guard
ian of his minor son. dated July g.
1900, not only We're the interests in
land stated as above, but S573.45 in the
Hawaiian Postal Savings Bank was Sc
down in the schedule of property own
ed by the minor This, Kalama said
in an investigation conducted by the |
master was used to buy a piece of |
land, but. Notwithstanding his sworn |
statement in his petition to be APP
pointed uardian, he stated that the |
savings bank deposit did not belong |
to his son, but to hui on the other |
side of this island.
Mr. Sims took the stand yesterday,
1T the courts request. and told about |
his investigation. He objected on that |
occasion to McCants Stewards fees as
excessive, because the second was for |
work very similar to that for which |
the first $50 was paid. Then. as to the |
IS month charged for board and |
lodging of the minor. the guardian
was maintaining a family of five chill
iren and the cost of food for them |
would not average more than SO or 81
a month each. In view of the relation |
ship between guardian and minor he |
therefore set down the charge of $500 |
as excessive. He next testified about
he discovery" that the savings bank |
money did not belong to the minor. |
This was the reason it did not appear |
n the accounts.
In the course of the hearing Judge |
lindsay refused to concede either that |
was necessity or in the interest |
# the minor to have the land sold |
He held that the guardian should be |
with the $3.50 and odd Of |
avings bank deposit besides perhaps |
'ther sums on different accounts but |
Ultimately allowed the matter to rest |
{ reVoking the order of sale pending |
full report by the master which he
rdered
ssSSessssscSssSsssSSc scSssSssSSsssscsS
ng. The motion will be presented be-
ore Judge Lindsay at 10 O'Clock to-
ay, according to the notice
1t was with this notice in his hand |