The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1909-09-21
Letters rom
the People

4
p'tpiie Will believe his story, but owin
Co my being constantly questioned a
10 the truth Of his statements. I woui
kindly ask You to allow mt spaee i
your paper.
| Before proceeding with my side Q
the story, / would state that T Al,
not see any report of our local naners
and where they got the story thew pub
iished I do not know.
/ Mr.. Magoon must be dreaming :,
Inc fairy land when he stated that
under the agreement, he should have
Zen upon any money that might be
paid into court by Male for the ne
demption of those pieces of land nv
him. There is no such clause eon.
tanned in the agreeent that we enter.
ed into, and / challenge Mr.. Maeoon
to show me.
When first saw Mr.. Magoon about
the case that Male brought against
me TO set aside the sale of his land
ne said that have no better case
than this one and he does not know
how Male would win out. Male was
the cause of his own trouble and he
mas no remedy under the law. Upon
this assurance I left the matter in his
hands, but told him that I have no
ready cash with which to pay for his
service, 60 tins he replied that he was
Wliilng to take the case on contingent
Tee, Tor which an agreement was drawn
by him. His confidence was so great
mat ne at that time and at numerous
subsequent times expressed his WILLING.
ness OF carrying the case to the II
p supreme Court at his own exnepse
II the courts here would decide
against me, which is confirmed bv the
agreement. :. He even went so far as
TO advance me cash and took nv note
Tor the same, which was to be can
ceiied upon the delivery of the deed
OF the land on Alakea street which 7
executed and was to be held in escrow
by Mr.. Lightfoot, his then partner.
The case was tried before Hon. De
Bolt and at the conclusion of the trial
the court decided in my favor. dismiss
ing the bill and dissolving the temper
airy injunction, from which decree an
appeal was taken to the Supreme Court.
Immediately after the conclusion of
the argument before the Supreme Court.
Mr.. Magoon told me that he cannot
see how Male expect to have the court
reverse the decision of the lower court
as he has no hair to stand on, but it |
did.
Mr.. Magoon felt aggrieved of the de- |
cision and perfected an appeal to the |
U. 5. Supreme Court. While the appeal |
was pending, negotiation to buy Mr.. /
Magoon out was effected and he was
bought out for a substantial amount.
He then informed me that he with
drew from the case and it was I'D to I
ne to engage whoever I want, but if |
would advance him $1,000 he will re-
main to be my attorney.
told him / was surprised of his
action and called his attention to the
remarks he made, as well as
% our written agreement. He replied
hat the agreement was faulty that he
:annot be held by it.
Il /
hat was supposed to be held in escrow,
o me of the sum of $4,000 with inter-
st thereon at the rate of per cent.
rom July ), 1904, in other word, the
ancellation of the note, was drawn and
lied in the Registry Office to be record
ID, over my protest. | went to Mr..
lagoon s office and demanded the note
which was returned cancelled.
Owing to Mr.. Magoon withdrawing
rom the case | was obliged to look
fter my own case, communicated with
he clerk of the U. s. Supreme Court,
making inquiries as to what was neces-
airy to be done by me in the premises.
lie replied that the costs of court,
mounting to $3S5.00 is to be advanced
'efore printed record can be secured
Under the agreement Mr.. Magoon
vas to pay this amount, but when re-
uested by me in writing, absolutely
efused to dig up.
| cite you an abstract of the agree |
rent: <'Said Magoon is to pay all
osts of court that shall accrue after
his date October 16, 1906, the date
f the agreement) against said Van
Iieson in said pending suit. -
1t was while | was trying to get a
ian l approached Mr.. Henry Smith, !
hief Clerk of the Supreme Court, the !
rst time | learned that Mr.. Magoon
rev the money I told him that Mr..
lagoon withdrew from the case and :
nat he was no longer my attorney;
1at he drew the money without my :
and consent, and under mis- :
presentation to him; to this he said :
lere wac no notice to that effect filed I
18th him, and he took it for granted :
lat Mr.. Magoon was still my attorney.
This was the first time it came to
Y knowledge that Mr.. Magoon took 7
le money from the court and not be-
re as he stated in his letter. The I
oney Mr.. Magoon took from the court
as my money and not his. / was rely
g on the court to order him to refund .
le money, hence my silence. | know .
would do me no good to demand of =
r. Magoon the amount he annexed, g
II he surely viii refuse to give up.
When Mr.. Magoon stated in his COM +
unieation that he lived up to the very
A., IA.