Evening bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1895-1912, 1907-09-28
LAWYER AND JUDGE
CHARGED WITH FRAUD
Long Continued Trouble
Over Seizure of
Ava Root

Charges Of conspiracy, fraud, unpro-
fessional practice and the use of the
courts for the purpose of delaying
Justice and harassing and defrauding
are the serious charges brought
against c. f. Maydwell, an attorney of
South Kona, by Carl, James and
Henry ontai in their bill for an in
junction against L. Ahuna, Moses,
Wallace, Herbert and Mabel Ahuni
minors. C. f. Maydwell and w. Y
Yeates. The bill of complaint is o
long one, consisting of 80 counts, some
of the charges rejecting upon District
Magistrate Yates OF South Kona.
The trouble is all over 693 walus
oi ava, valued at 1886. In Decem-
Der, 1905, man named Akina brought
suit in the Circuit Court of the Third
Circuit against James Ontai, one Of
The petitioners, in replevin for the
recovery of the ava or for its value
plus $500 damages for It's retention
and requested the High Sheriff to de-
liver the ava to him, giving an indem-
nifty bond to James Ontai in the sum
of $500 for the return OF the ava in
case the return should be adjudged
Maydwell was attorney for the plain.
tin.
The real plaintiff, the petition al.
leges, was L. Ahuna, Akina being o
mere figurehead and a man without
property and irresponsible, who has
since disappeared
The ava was taken from the posses
sion of James Ontai, who together
with his two brothers owned 1t. The
Sheriff required Ahuna to qualify as
to his sufficiency as bondsman. and
Ahuna made a sworn statement to
cattle and other property to- the value
OF over $1,000. Since that time l.
Ahuna has made pretended convey.
ances of all his real estate and now
claims that he has no property sub.
ject to execution.
The ava was taken by police Of
ticer named s. Lazaro and delivered
20 Ahuna. A motion was made in the
Circuit court that the service Of the
summons was defective by reason of
not being made by a proper officer.
Iaydwell did not contest the motion
and a new summons was issued and
served, but II was uncertified and On.
tai moved to set It aside on that
ground. The motion was oyerruled
and discontinuance without preju-
dice was filed.
Subsequent to the beginning Of the
suit by Akina, the Ontais brought suit
IN reDlevin against L. Ahuna for the
recovery OF the ava, but on account
of their failure to file sufficient bond
they did not take possession of It.
Judge Matthewman heard the case and
rendered judgment for the defendants
The Ontais appealed to the Supreme
Court, which reversed the decision OF
the Circuit judge and remanded the
case with instructions to enter judg.
inent for the plaintiffs.
It was stipulated in open court that
the ava should be shipped to Honolulu
to j. A. Magoon, to be sold by him
and a certificate of deposit obtained
for the proceeds payable jointly tc
Magoon and Maydwell, Maydwell to
indorse 1t over to Magoon In case the
PLAINTIFF should finally recover, and
Magoon to indorse 1t over to Mayd-
we'll should the final decision be the
other way.
But while the case was pending
Ahuna shipped the ava to Honolulu
and sold 1t himself and kept the pro-
1eeds. Pursuant to the decree of the
Supreme Court, Judgment was entered
IN favor of the Ontais In the sum of
sl5S2.SO, but when execution was
taken out against Akina, Ahuna and
Lazaro, and Ahpna's cattle were bid
m by the plaintiffs, Ahuna employed
Maydwell to bring suit for the cattle
n the District Court against David X.
Baker, the deputy sherir. 1t is
claimed that Ahuna had no cattle 10
correspond with his sworn statement
except the cattle claimed by his chill
dren In the suits, which he now claims
belong to his minor children.
The Ontais not being represented by
Counsel, they asked for continuance,
but the Judge refused It, ]. P. Kama
noha came TO their aid and succeeded
IN getting a continuance on payment
of Sc, but the continuance was not
,ong enough to enable the defendants
TO communicate with their Honolulu
attorneys and get word back. When
the matter came to trial. District Mag
:strate Yates rendered judgment fol
the plaintiff against Baker. Baker APP,
pealed.
Before the appeal came to trial
Maydwell filed a motion in the cause
of Carl Ontai ct al versus Akina ct