The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1908-10-24

Palea in the way of advancing the ex-
] penses and that he wanted me to get
| the costs from him. I 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 a matter of indifference So that
was DONE And instead of using the
$37. 80 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 bear this in mind
throughout, that Goo Wan Hoy says
that he was my client in that Itiga-
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
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, [ did not
know. If he had any arrangements by
which the property in the deed SO set
aside was to be transferred to him,
did not know of it. He was not my
client.
As / say, there was another resident
of Kona, P. K. R. Amalu, who was
then living at Hookena in South Kona.
/ didn t know that except as | 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, / there met the
old couple and fourd that they were
indeed an old couple. l also met Anna
In 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 | fought, and endeavOred
to get trial, but his motion prevailed
i returned to Honolulu and made ar.
engagements to try the case at Hilo in
November-it was a chambers matter,
an equity suit, and l agreed with Carl
Smith that we would take it up at Hilo;
and in November | 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
a couple of days l received a 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 I 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. l got the case over. There was
no time set for the trial of it. It was
postponed to be reset or to be tried
when we could find the time and find
a place for it. I was anxious to try
it up here in Honolulu, anxious to try
it here because it would be more con-
for our witnesses than to try it at HilO. /
Compromise Talked Of.
Shortly after my return from HiIo |
the plague broke out in Honolulu, along
in February of 1900; meanwhile Goo
Wan Hoy had moved up TO Honolulu T!
along in February of 1900 In talking
the matter over, in seeing how old the /
couple were. in seeing the impossibility |
of getting any immediate trial, in view
of the fact that 1 was pressing for 1
payment in some way of the expenses !
that l had incurred on my trip to Hilo, /
and of some fee to reimburse me for /
the time I had spent in going there, he |
suggested that l should make a PROPOSE !
ton of settlement, and following those |
lines | made a proposition of settlement, /
which was to be $500 for the attorneys /
fees and so a 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,