Honolulu star-bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1912-2010, 1915-01-25
PERRYfIHAINs
HIS POSITION As
SMART GUARDIAN
Still Another Affidavit Filed In
Fight for Child; Kinney, Mrs.
KNIGHTS Counsel, Arrives =

Antonio Perry, guardian ad lltem OF
Richard Smart, was filed in circuit
court this afternoon by the attorney
representing the father, Henry Gail.
lard Smart, and defending the will OF
Che late Annie T. X. Parker Smart.
The affidavit becomes "a part OF the
supplementary action wherein Attor.
Hery c. H. Olson is seeking to have
Judge Perry removed and himself ap-
pointed guardian of the child.
The purpose of the proponents OF
the will, Attorneys Thompson. Wilder,
Milverton & Lymer and J. w. Cath.
cart, in filing this new document is to
show that Attorney Olson is disquali,
fled to serve as the child's guardian
because he is actively interested IN
the legal fight instituted by Mrs. Eli
zabeth J. knight, the child's grand
mother. to break the viii -. ~
In the AFFIDAVIT Judge Perry tells
of conversations which. he says were
held with him by Attorney Olson and
Ex-Governor w. F. Frear, the purport
being that Olson virtually arranged
for Judge Frear's later talk with
Judge Perry. just after the latter HAD
been appointed guardian. In the later
interview Judge Perry says Judge
Ffear wondered" whether arrange
ments could be made for the associa-
ton of his associates, Frear. Prosser,
Anderson & Marx and Holmes, Stan
ley & Olson. with Judge Perry for the
protection of the child's interests.
As to "Disinheritance."
An interesting feature of the affi-
davit is Judge Perry's version of a
remark he made to Judge Frear con-
corning conversation between Per-
ry and Attorney Frank E. Thompson.
Ffear last week filed an affidavit in
which he declares Judge Perry told
him that Thompson had admitted that
under the terms Of the will the child,
Richard Smart, was disinherited.
Judge Perry, relating his talk with
Frear on that point, says:
81 said that /. understood perfectly
that my sole duty was to protect the
child's interests and told him that
late in the afternoon of the previous
day Mr.. F.. E. Thompson had called
at my office and inquired If had any
connection with the Smart case, that
had answered In the negative. and
that Mr.. Thompson had asked wheth-
er ! was at liberty to serve as guard
ian ad Item for the minor, II appoint
ed; that had said that was, that
had inquired of Mr.. Thompson Whe-
Their the report In the newspapers that
the child was left nothing by the will
was correct and upon his replying in
the affirmative had further inquired
OF him whether he appreciated that
my acceptance Of the appointment as
guardian ad Item would at once place
me in a position Of utter hostility to
him and his firm and to the father Of
the minor, and that Mr.. Thompson
had answered, We appreciate that ~,
The second Perry affidavit accom-
pahies the formal objections raised by
the proponents of the win to the re-
moTal Of the present guardian and the
substitution Of Attorney Olson. They
are filed as coming from anici ctirae,
or friends of the court, as Judge Whit
ney has held the defenders of the Will
have no legal right to argue on the
guardianship matter.
More Affidavits May be Filed. E
The, opposing counsel, which favors|
the appointment of Attorney Olson
viii have until noon on wednesday to-
file counter affidayits, tending to con-
tradict this and the earlier documents
filed by H g. Smart's lawyers. Ar
gifnent III open, court on the guard
ianship win be heard by Judge Whit
ney Wednesday, afternoon, beginning
at O'Clock. +
Kinney Arrives. &C
W. a.. Kinney, chief counsel for
Mrs Knight, arrived in Honolulu this
morning on the Oceanic Steamship
Ventura, prepared to lead the fight
for possession and custody of Richard
Smart, and probably for the elder
Smart's millions He was met on. the i
pier by A. w. Carter, custodian of the
Parker ranch, and by Clarence H. Oh
son, another Of Mrs. Knights attor-
neys. A consultation was held at
noon.
Judge Perry's sworn statement, ad- |
ded to the court files today, follows:
Antonio Perry, being first duly |
sworn. deposes and says: On Janu-
airy IL, 1915, at about 4 p. m. or 4:30
p. m received at my office from Mr..
F. e. Thompson the order for the ap-
pointment of a guardian ad litem of |
the minor in the above entitled cause. |
Mr.. Thompson told me that the Hon. |
w. L. Whitney, Judge Of this court, |
had authorized me to fill in the appro- |
pirate blanks with my name. did so
and also signed che acceptance Of the
Office At about p, m. Mr.. c. H |
Olson, fnoyant herein, meeting me on |
the street inquired whether / knew |
Of my appointment aforesaid and upon |
receiving my reply In the affirmative
asked, Can Frear get in touch with
you (mel this EVENING" | replied |
that would be at home all evening
and that my telephone number was
1927. Mr. Olson then said, 'Frear will
see you this evening"
Visit From Judge Frear.
AT about 6 p. m. of the same day
Judge Frear called on me at my home.
After a brief talk on other subjects
having no relation to the above enti-