Honolulu star-bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1912-2010, 1915-01-22

sOTUG1 On DcHdn VI the oai0 ARASu-ta
smart in said proceedings so insti.
tuted by Mrs. Elizabeth j. Knight TO
nave herself appointed guardian of the
child. That on the 18th day Of jan
Iary, 1915, as of January IL, 1915,
the said Honorable j. A. Matthewman
made an order in said proceeding ter
minating the said appointment of W.
"A. Kinney, Esq, as guardian ad htefn
ind appointing David l.. Wilmington
IN his place. such order was I'M the,
following Language:
Order. T.. ..-'..s.--
Toward the close Of the eX parte
hearing las. Thursday, January Z. in
reply to a criticism from the bench
As TO the clearly improper matter con.
tanned in the affidaYits then being
read, lit appears that most OF them
we're prepared by William A. Kinney
who seems to have been employed by
he minors grandmother, TO advance
md protect the interests OF the child.
Counsel present admitted that the
affidayits showed that there had been
N intense personal ansagonism be-
,Ween the minors father and grand
mother from time preceding the mar
rage Of the former to the latter's
laughter. now deceased. This condi-
zion OF affairs made 1t impossible for
he court to adopt the grandmother as
the temporary custodian, of the child.
The court, in its attempt to find a neu-
tral person was also adverse to APP
9cinting another who was then sug-
sessed, deciding finally upon the
natron with whom the child has been
living under, its fathers employment
The same reasons governing in the
appointment Of Mary Ann Lemon now
.mpel the court after further censid-
grafton Oh the affidayits presented and
The statements of counsel to termi-
nate the temporary appointment of
William A. Kinney, as guardian ad
Item this day made, and appoint in
his place David L. Wilmington of Ho-
nolulu, city and county of Honolulu.
The latter is hereby authorized and
directed to guard the legal interests
Of Richard Smart from now on and
throughout this proceeding unless 9th
erwise ordered"
That prior to the appointment of
said w. A. Kinney as guardian adj
Item as aforesaid, the Honorable j.
A. Matthewman, Judge, In said pro-
seeding, expressed a doubt as to
whether or not he should preclude
Henry Gaillard Smart from Directing
to having his child represented by
said w. A. Kinney, Esq, and stated
that he would not care to preclude
the said Smart at any stage from the
right to be heard and object, to which
the said G. H. Olson. Esq, replied that
the said Henry Gaillard Smart would
have that same right, by motion al
any time. That notwithstanding thia
attitude of the said C. H. Olson, Esq.
at that time, affiant understands tina
under his. c. H. Olson, Esq s own aE
pIication to be himself appointed
guardian ad Item in the proceeding
now pending before this honorable
court, he Is taking the inconsistent
position that the said Henry Gaillard
Smart Is not entitled to be heard as
to the unfitness of the said G. III. o.
son, Esq, or as to the fitness If the
said Antonio Perry, Esq, whom the
said G.. H. Olson, Esq, is attempting
to remove, or as to the legality of
the appointment Of the said Antonio
Perry, Esq, position which enables
the said G. Fl. Olson, ESQ.,, in his own
application, to set forth his Own quail
fications, and to argue from the ale
cations Of his own application, sworn
to by himself, that he is fit and
proper person and qualified to rep
resent the said minor, without Per.
hitting anything to be heard or pre-
scented from any source whatsoever 10
the contrary.
Olson Preiudiced, Is Claim.
& Affians further says that he is adj.
vised and thereupon states the fact
to be, that the said C. H. Olson, Esq,
is not in any manner related to the
said Richard Smart, minor, and Is
to all intents and purposes stranger
to said Richard Smart, and had no
interest In said Richard Smart of any
nature until the employment of the
firm OF which he, the said C. r. Oh
son, ESQ, Is member, to represent
the said Mrs. Elizabeth J. knight as
above stated.
Affiant further says that it is APP
parent that the said C. H. Olson, Esq,
by his attitude and action in the past,
as above related, is an active partisan
of the said Mrs. Elizabeth ]. Knight
and employed by her, and If permitted
TO act as guardian ad Item in this
proceeding of the said minor, Richard
Smart, could not, consistent with his
employment by the said Mrs. Elizabeth
]. Knight. impartially represent the
said minor in matters where on the
one hand Mrs. knight might urge pro-
ceedings presumably on behalf of the
infant, but In fact in AN effort on
her part to unwarrantedly injure the
said Henry Gaillard Smart, and which
proceedings might of necessity ma
terially waste the estate that the said
Richard Smart. minor, takes under
the will of his mother.
Affiant further says that he has adj
yised the said Henry Gaillard Smart
that as the father and natural guard,
ian of said Rienard Smart, q minor, he
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