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

| 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.
"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 J..
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-3
formation from said Henry Gaillard
Smart that said Mrs. Elizabeth j.
knight was very nervous and almost
hysterical 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.p
Knight Warned Of Attack.
At another point Cathcart states:
And on one occasion during the con-
yersation, but whether following any
such statement by Mr.. Kinney or not,
affant is unable to say, afffant stated
to Mr.. Kinney that a grandmother
would naturally be the proper person
to rear a motherless infant, provided
that the grandmother was a fit and
proper person for such trust, but
that afiant. from what he had been
informed and heard, doubted whether!
Mrs. Knight was such q proper per-
son. But afilant did tell Mr.. Kinney
to put his desires and wishes In the
form Of written proposition and that
ne would endeavor to see that the
same was considered.
Upon the question of the character
Il Fred knight, husband of Mrs
Knight, Cathcart says:
aAfiant says that Mr.. Kinney told
him that he knew that the character
IL the husband of Mrs. Knight would
Be attacked. and had so informed the
husband. Fred Knight, and had told
laid knight that he must be prepared
% face the charges, and that Mrs.
Knight would forgive and condone any
II such there was.
AT another point, on the guardian
hip matter, Cathcart says:
In other words, in the case OF the
custody BY third person, said Henry
ballard Smart preserved some OF the
lights of a father, while if the child
vas given to Mrs. knight as she
wanted and her attorneys proposed, l.
IN rights of a father were abandoned i
md turned over to Mrs. knight and |
hat not for 16 but for 20 years.
Attorney Thompson, in the second |
Ifidayit fled on Smart's side Of the
controversy today, says that at one
ime the compromise was practically |
ffected.
Prior to the receipt Of letter Of |
IT. Kinney accepting the proposition Il
ubmitted by your afiant he de-
lares. the said kinney in converse
len with your affiant stated thai, he |
ad just returned from an interview |
nth Mrs. knight and that the matter /
s suggested by as met with her APP
rovai and she had instructed him to
ccept our settlement; said Kinney
hen said that he was glad the matter
ad been amicably arranged and that |
he proposition to place the property
/ trust in the event the minor should
lie before attaining majority was a
Apply solution of the situation, or
lords to that effect. Ii
lrs. Iydy Lucas Suggested. i;
Your affiant further says that the
aid Kinney Immediately despatched Il
!, your affiant the letter attached To /,
fhdayit heretofore filed herein where |.
/ he formally accepted said compro- +
Use, and that Immediately following
he receipt Of such letter by your afi-
ut the said Kinney called upon your
fiant and then suggested the name
Mrs. Lydy Lucas as custodian UNI
er the terms, OF said settlement, stat S
lg that he would oppose the appoint
lent of any one as custodian who
as related to either the Dowsetts or
lie Parkers and the said Kinney then
lggested that the child should be
laced IN the hands OF some absolute IS
! neutral person who would treat
RS. Knight and Mr. Smart with
lual fairness in so far as their access
, the child was concerned.