Honolulu star-bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1912-2010, 1915-03-08
Smart's Attorney Quotes 0p-
posing Lawyer to That e.
feet in Latest Affidavit

| HarkeF smart VIII case were lleQs II
circuit court today. They are by At
torneys Frank E. Thompson and John
w. Cathcart of counsel for Henry
Gaillard Smart, and reply to the re
cent affidavit of Attorney Kinney, all
based on the latter's suggestion OF
| disqualification" Of Circuit Judge w
l.. Whitney as trial judge in the case
Cathcart's affidavit, of more than
seven typewriter pages, discusses
two purported conversations between
himself and Attorney Kinney regard
| ing the compromise, wherein he deals
| at some length with the question Of
Mrs Knights mentality. -aa>a j.,
In response" says Cathcart's affida.
Wit. telling of one of his talks with
Kinney at the Young hotel, @Mr. Kin
ney said that while Mrs. Elizabeth ].
| knights condition was serious, he
did not fear that she would lose her
mind unless it developed that she
| could not get possession of the said
infant child. Affiant does not pretend
or purport to give the exact language,
but the foregoing is the substance OF
the conversation between himself and
Mr.. Kinney-relative to Mrs. Knights
mental and physical condition. In all
that affiant said, he was basing his
statements upon information he had
received from Mr.. Thompson, who had
told him some week or so previous
and prior to any meeting between said
Henry Gaillard Smart and said Mrs.
Elizabeth ]. knight that such was the
condition of Mrs. knight according
to the information given him, by Mr..
Thompson, by Mr.. Kinney; such in
formation so given to affiant by Mr..
Thompson was supplemented by In
formation from said Henry Gaillard
Smart that said Mrs. Elizabeth j..
knight was very nervous and almost
historical at the first interview said
Henry Gaillard Smart had with her,
although on the second and last inter
view she was much more quiet and
composed, although processing to be
unable to understand or fully grasp
the substance of Mr., Smart's CONVEX
sation."
KNIGHT Warned of Attack. ss
AT another point Catheart states:
"And ON one occasion during the con-
yersation, but whether following any
such statement by Mr. Kinney or not,
affiant is unable to say, affiant stated
to Mr.. Kinney that grandmother
would naturally be the proper person
to rear motherless infant, provided
that the grandmother was a fit and
proper person for such trust, but
that affiant, from what he had been
informed and heard, doubted whether
Mrs. Knight was such g proper per-
son. But affiant did tell Mr.. Kinney
to put his desires and wishes IN the
form OF written proposition and that
he would endeavor to see that the
same was considered.
Upon the question of the character |
of Fred Knight, husband OF Mrs.
Knight, Cathcart says:
'Affiant says that Mr.. Kinney told
him that he knew that the character
of the husband of Mrs. Knight would
be attacked. and had so informed the
husband, Fred Knight and had told
said Knight that he must be prepared
to face the charges, and that Mrs.
knight would forgive and condone any
IL such there was.
AT another point, on the guardian
shin matter, Cathcart says:
'.ln other words, in the case OF the
custody by a third person, said Henry
9aillard Smart preserved some OF the
rights of father, while If the child
was given to Mrs. Knight as she /
wanted and her attorneys proposed, |
al rights of a father were abandoned |
and turned over to Mrs. Knight ana
hat not for 16 but for 20 years.
Attorney Thompson. in the second |
affidavit filed on Smart's side Of the
controversy today, says that at one
ime the compromise was practically |
Affected.
aPrior to the receipt of letter Of |
dr. Kinney accepting the proposition
submitted by your affiant, he de-
.lares. tthe said Kinney In converse
ion with your affiant, stated that he
lad just returned from an interview /
With Mrs. knight and that the matter
IS suggested by US met with her APP
,royal and she had instructed him to
ccept our settlement: said Kinney
hen said that he was glad the matter ,
Iad been amicably arranged and that
he proposition to place the property II
a trust in the event the minor should
lie before attaining majority was a
Apply solution Of the situation, or 1
Tords to that effect. III
Ire. lydy Lucas Suggested. II
Your affiant further says that the
aid Kinney Immediately despatched {
8 your afiant the letter attached to \
fidavit heretofore filed herein where {
q he formally accepted said compro-
lise, and that Immediately following
be receipt OF such letter by your af1-
Mt the said Kinney called upon your
ffiant and then suggested the name
Mrs. Lydy Lucas as custodian UNI
er the terms CT said settlement, stat 2
lg that he would oppose the appoint J
lent of any one as custodian who
vas related to either the Dowsetts or
he Psrkers and the said Kinney then
uggested that the child should be
laced in the hands of some absolute
7 neutral person who would treat
FRS. Knight and Mr. Smart with
uual fairness in so far as their access