Honolulu star-bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1912-2010, 1915-01-25
PERRY EXPLAINS
HISP0sITl()NAs
SMART GUARDIAN
Still Another Affidavit Filed In
Fight for Child; Kinney, Mrs.
Knights Counsel, Arrives

Another affidavit BY former Judge
Antonio Perry, guardian ad Item of
Richard Smart, was filed in circuit
court this afternoon by the attorneys
the father, Henry Gail
lard Smart, and defending the will of
the late Annie T. X. Parker Smart.
The affidavit becomes a part of the
supplementary action wherein Attor.
merry C. H. Olson is seeking to have
Judge Perry removed and himself APP
pointed guardian of the child.
The purpose OF the proponents of
the will, Attorneys Thompson, Wilder,
Milyerton & Lymer and ]. 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 Ell
zabeth j; knight, the ehild's grand
mother, to- break the will
m the affidavit Judge Perry tells
of conversations which he says were
held with him by Attorney Olson and
Ex-Governor W. r. Frear, the purport
being that Olson virtually arranged
for Judge Ffear's later talk with
Judge Perry, just after the latter had
been appointed guardian. In the later
interview Judge Perry says Judge
Frear iswondered'' whether arrange
ments could be made for the associa-
fien of his associates, .Frear, Prosser,
Anderson 4 Marx and Holmes, Stan
ley q Olson, with Judge Perry for the
protection of the child's interests
AZ TO a1isinhefitahce.p
An interesting feature OF the affi-
davit is Judge Pefry's version of a
remark he made To- Judge Frear con-
corning a conversation between Per
ry and Attorney Frank e. Thompson.
FreaF last week Sled an affidayit In
which he declares Judge Perry told
him that Thompson had admitted that
under the terms of the will the child,
Richard Smart, was disihherited
Judge Perry, relating his talk with
FreBr on that point, says: s
esT said that understood perfectly
that my sole duty was to project the
childss interests and told him that
late In the AFTERNOONS of the previous
day Mr.. u Il. Thompson had called
at my office and inquired If l had any
connection with the Smart case, that
/ had answered in, the negative, and
that Mr.. Thompson had asked wheth-
er I was at liberty to serve as guard
ian ad Item for the minor, if appoint
ed: that / had said that wars, 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 litem 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-
panies the formal objections raised by
the proponents of the will to the re-
moyal of the present guardian and the
substitution OF Attorney Olson. They
are filed as coming from amiei eurae
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.
The opposing counsel, which favors
the appointment of Attorney Olson
will have until noon on Wednesday to
file counter affidavits, tending to con-
tradict this and the earlier documents
filed by H. G. Smart's lawyers. Ar
gument in open court on the guard
ianship will be heard by Judge Whit.
ney Wednesday afternoon, beginning
at O'Clock. ..
Kinney Arrives.
w. A. Kinney, chief counsel for
Mrs. Knight, arrived in Honolulu this
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
pier by A. w. Carter, custodian of the
Parker ranch, and by Clarence H. o.
son, another of Mrs. Knights attor-
neys. A consultation was held at |
noon. ID r...-. III. .a~s.