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

Judge Perry Files Affidavit.
Judge Perry filed an affidavit to
day, answering the Olson petition, de
nying that his interests In any way
conflict with those Of Richard Smart
the child, whose temporary guardian
he was appointed, and he further de
clares that he has not and does moi
represent any persons or firm involv
ed in the Parker estate litigation. He
offers TO submit to cross-examination
upon these points.
Upon the question Of whether he
shall be removed or as to whom
should be appointed in his. place be
has nothing TO say, stating that be
deems It inappropriate to take any
. part in the contest and without fur
ther answer leaves those matters TO
the determination Of the court.
He states:
"That this respondent has not at
any time represented and does not
now represent any, person or persons,
firm or firms or other legal entity or
entities in the above entitled matter
or with reference thereto other than
the said minor, has not at any time
had and has not now any interest ad.
verse to or conflicting with the said
minor or his interests in the above
entitled matter or In any other mat.
ter whatsoever and 10 absolutely un-
trsmmeled and able 70 faithfully rep
sresent the said minor and prosecute
his interests II the above entitled mat
ter and II continued as guardian ad
litem will do 20 to the best Of his
ability.
rThis respondent prays that If the
order appointing him guardian ad
litem as aforesaid shall be vacated or
revoked the court do In its order Of
vacation or revocation expressly re-
cite as facts found BY the court all of
the matters stated In paragraphsmark-
ed ! hereinnboTe.
upon the questions whether the
order OF tbpointmeht was for any rea-
son OF law invalid and whether the
prayer Of the said c. h Olson that he
be now substituted for this respondent
as guardian ad Item should be grant
ed-upon the question, In other words
whether this respondent shall or
shall not be or remain the person
chosen TO protect the interests Of the
said minor In the above entitled cause
this respondent deems 1t inappro-
pirate to take any BART in the contest
and without further answer leaves
those matters to the determination OF
the court
MIIverton Afsdavit Filed Yesterday.
Before hearing arguments this aft
ernoon for and against the removal Of
Judge Antonio Perry as temporary
guardian Of Richard Smart. Circuit
Judge Whitney gave attention to the
affidavit Of Attorney Fred w. Milyer-
ton. which was filed with that Of Henry
Gaillard Smart yesterday.
It alleges that G. H. Olson, who
seeks to be appointed In place OF
Judge Perry as the child's guardian,
is one OF the attorneys for Mrs. Eliz.
abeth ]. knight. mother-in-law OF
Henry G. Smart, and that an intense
and bitter personal hatred exists on
the mother-in-law's part against Smart
II quotes from the records of the
court OF Judge Matthewman of the
third circuit at Kailua. Kona, Hawaii,
stating that Judge Matthewman ap-
pointed w. A. Kinney as temporary
guardian Of the child but afterward
removed him upon learning that he
was OF counsel for the mother-in-law,
appointing D. L. wilmington In his
stead. II argues that Judge Whitney
should take cOgniKance of this action