The Hawaiian gazette., 1908-10-27

| the costs from him. l knew no way
of doing that, so finally he suggested
that the papers be sent down, and that
when the clerk wrote over for the
costs he then could get this man to
advance the cost money. To me it
was matter of Indifference. SO that
was done And instead of using the
1880 to pay the costs, it was used
and agreed to be used for my expenses
in going up to Kailua. (Applause.)
Denies His Client.
Now I want you to boar this in mind
throughout, that Goo Wan Hoy says
that he was my client in that litiga-
ton; he never was my client. My
clients were Palea, the old man, and
Kaupe, the old man S wife. As far
as Goo Wan Hoy was concerned, he
was merely the agent of that old couple,
the runner as we call them who gets
the business and who takes it to a
lawyer. SO far as / know, what ar.
rangements he had with the old man,
how he was to be reimbursed for any
expenses that he advanced, l did not
know. If he had any arrangements by
which the property in the deed so set
aside was to be transferred to him, I
did not know of it. He was not my
client
AS I say, there was another resident
of Kona, P. X. R. Amalu, who was
then living at Hookena in South Kona.
didn It know that except as i heard
it from Goo Wan Hoy until / reached
the Konas early in the month of April.
When / got down to Kailua, where the
term was being held, l there met the
old couple and fourd that they were
indeed an old couple. / also met Anna
lu and we had there one or two other
witnesses as to the facts on which we
were depending to set aside the deed.
But the case did not come to trial. The
reason why it was not tried has escaped
my memory, except that Carl Smith who
appeared for the defendant Meleana
Davis, the daughter, acting as he was
for w. r. Castle, made his motion in
court which 1 fought, and endeavored
to get trial, but his motion prevailed.
1 returned to Honolulu and made ar.
rangements to try the case at Hilo in
November-it was chambers matter,
an equity suit, and / agreed with Carl
Smith that we would take it up at Hilo;
and in November l went down to Hilo
for the purpose of trying that case,
When / reached Hilo | did not find
either my client nor my witnesses nor
Goo Wan Hoy, and after being there
n couple of days l received telephone
messages from Goo Wan Hoy in which
he said that the old man had been
taken suddenly i'll, when he was get
ting aboard the steamer at Kailua and
was unable to be over, and | would
have to get the case put over, post
poned. That was later corroborated by
a letter which / had received, which
he had written before he had telephon-
ed. 1 got the case over. There was
no time set for the trial of it. 1t was
postponed to be reset or to be tried
when we could find the time and find
place for it. 1 was anxious to try
it up here in Honolulu. anxious to try
it here because it would be more CON
venient for myself and more convenient
for our witnesses than to try it at Bilo.
Compromise Talked Of.
Shortly after my return from Hilo
the plague broke out in Honolulu, along
in February of 1900; meanwhile Goo
Wan Hoy had moved up to Honolulu
along in February of 1900. In talking
the matter over, in seeing how old the
couple were, in seeing the mpossibility
of getting any immediate trial, in view
of the fact that 1 was pressing for
payment in some way of the expenses
that / had incurred on my trip to Hilo,
and of some fee to reimburse me for
the time | had spent in going there, he
suggested that | should make a PROPOSE
tion of settlement, and following those
lines / made a proposition of settlement,
which was to be $500 for the attorneys
fees and $40 month for the support
of the old couple-for back support of
the old couple-and some guarantee,
either in the shape of bond or in
some way, to guarantee that the old
couple should be supported during the
balance of their life Now that was
the proposition made with the full
knowledge of Goo Wan Hoy; but, re-
member, all this time, gentlemen. that
Goo Wan Hoy was not my client. Well,
the matter dragged along-either Mr..
Castle was out of the country, but the
proposition was submitted to Carl
Smith, the attorney down there, after
being made to Mr.. Castle here oi to
his officer here, and he advised as /
understand, that the offer should be ac-
cepted; but it dragged along there
either Mr.. Castle was away or the
papers and letters which had been re-
ceived from Mr.. Smith advising set
| tlement were mislaid and he had to
be written again.
Kept on Dragging.
1t dragged along all through that
year. 1t dragged along all through
the following year until the final set
tlement was made in October, 1901.
Now, gentlemen, how even in the best
regulated firms these old matters dis.
appear, how the records of them dis.
appear. We find over in Mr.. Castle g
Office the only record of any payment
to me at all, or any payment in set
tlement of this case, journal entry
which credits Mr.. Weaver with 1926
and charges Maleana Davis, that is
the Gath day of October, the same day
we find n receipt signed by me for
$205 divided in this way: $205 is writ
ten out in letters, below it is 1925
in figures and the dollar mark, and
$50 in figures and the dollar mark;
then following that are the words
"Due to him. which have been
scratched out and the words "Settle-
ment Palea VS.. Davis'' written by me
| In my handwriting