The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1907-12-19

Brash, son Of decedent, was admins
| traitor before him. He was trustee un-
/ der the will and came into court and
asked that he (Afagoon) be appointed
| in his place. The speaker was also
appointed guardian Of Susan Brash. "a
| person of peculiar temperament he
| described her.
Il never received anything as the
administrator of William Brasil" Mr..
Magoon went on. II had no right to
present a fire claim. Mrs. Robinson
could have put in her own claim. 7
presented the claim for Susan Brash
Why didn't Mrs. Robinson present her
claim? In the name Of heaven there
was nothing TO prevent her. I never
received a cent as administrators of
the estate of William Brash.
COUNSEL ASTONISHEn.
This is the most extraordinary prop
osition of law I ever heard Mr.. Wat
son said. An administrator putting
in claim and then coming into court
and repudiating all responsibility
Here he read the claim put in by
Mr.. Magoon as sole owner of GER
tain property on Maunakea street. mo
life estate here, but sole ownership"
He repeated the terms Of the claim
in which the estates of William Brash
and Susan Brash were mentioned. They
would leave ii to the court whether
their contention was arrant nonsense
or if what Mr.. Magoon was talking
was arrant nonsense-to use his own
language as the speaker did not desire
personalities.
Replying to question by the court
Mr.. Watson said the rights of Mrs.
Robinson had nothing to do with the
matter. Mr.. Magoon received GER
tificate of award from the Court of
Fire Claims.
What court has the right to man
damus the Treasury Department at
Washington to change the name OF J.
Brash to William Brash?" Mr.. Wat
son asked with regard to the state
ment that any court would correct the
error He went on to say that
Mr. Judd, on returning from Manila,
spoke to Mr.. Magoon, who said he
had no recollection of receiving an
award.
GETTING THE BEARINGS.
Judge De Bolt asked: Assuming
that the money had been collected at
the time, to what would Susan Brash
have been entitled?"
IAN interest during her life" Mr..
Watson replied.
s'This award is in the name of J.
Alfred Magoon as administrator Of j.
Brasf1, mistakenly for William Brash,
Mr.. Clemens said, for the first time
putting in his oar. HE should az
count for II"
ut was a wrong award" Mr. Ma
COON came back.
you received a fee for It," Mr.. Wat
son interjected.
ayes was the response, 'tand If
every lawyer had to be responsible for
every dot''-the sentence was not audi
bly, finished. Mrs. Robinson had no
claim Mr. Magoon reiterated.
ssYou put in a claim of absolute own
ership," Mr. Watson remarked.
What right has she to the money"
Mr.. Magoon proceeded. Il don't know
who made the error of J. BRASIL
hope it was not Mr.. Thompson, but his
name is signed. to it.
II don't see any use in this desultory
here" Mr.. Watson inter-
posed. 1T is matter of business and |
we ought to have some method about
it, ~ ~ i II &C. 20 y ? '''r1a.as4
s'Mr. Magoon was administrator with
the will annexed" Mr. Clemens said, |
and had Jurisdiction of the entire
Judge De Bolt, having asked to see
the win, was shown that instrument
with other age-yeilowed papers.
IT, 9 pSiS fa5 An hay iYc
the proceedings made formal. Mr..
Magoon should take the stand he
as he exhibited an affidavit
he had to file.
IF there are papers to be filed, now
Is the tirne,'' the court stated.
IF Mr.. Thompson had spoken to me
about the matter" Mr.. Magoon said. |
Il don't think he would file the affi-
davit.''
FORMAL HEARING SET.
Judge De Bolt then set the nearing |
Of the matter for two O'Clock next Mon
day afternoon. He wished TO suggest |
to counsel that the facts thus far dis /
closed were exceedingly novel and of |
some considerable Importance.
Mr.. Magoon-whiles the court was |
still in sessioTi-asked where the fire |
claim produced in court came from.
1--WE will answer your questions un-
Ter oath on Monday" Mr.. Watson re-
piled. q. aa Rw.F So L" ."
'.Yeu got it for me, Mr.. Magoon,"
Mr.. Judd informed the questioner. Mr..
Riggs (secretary of the Court of Fire /
Claims) filled out d blank exactly as
the original. The original was suppos-
ed to have been lost by you."
Mr.. Magoon said he looked high and /!
low for the document but never could |
find il