Honolulu star-bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1912-2010, 1915-12-01


under the circumstances as said pro.
posed deed was to be executed. 1t be-
Ing one of great Importance and the
said Dominis having had little expert
ence In such matters and being a be-
neficiary to a large extent under the
proposed trust, and they being desir.
ous to bolster up said trust, procured
the said Queen on the Both day o.
November to ask the defendant w. q
Simth to become trustee In order
that the weight Of the high character
of the said w. O. Smith might to some
degree counterfeit other circumstances
surrounding said proposed trust deed.
he, the said Abram S. Humphreys.
having In the meantime persuaded the
said defendant Dominis that it would
be better for him not to act as q
trustee; that the said w. o. Smith, as
the petitioners are informed and be-
lieye and therefore allege, after said
proposed trust deed had been
prepared, but knowing the mat
tiers and things herein alleged
and fearing that his standing in the
community would moi be sufficient to
give moral weight to the transaction.
requested S. M. Damon and Cecil
Brown, both persons Of 6iga standing
and weight in the community, to wit
ness the execution of said trust deed,
which was signed by the QUEEN on
said second day of December, 1909,
a copy of which is hereto annexed,
referred to and made a part hereof.
and marked exhibit "A,
Ignored Prince, Is Claim.
THAT at the time Of the execution
Of said instrument Exhibit "A said
prince was in the said City of Homo.
lulu and easily accessible, and all of
said persons participating In said act
knew that the said prince was the
only next Of kin and heir at law of
said queen, and that she had consult
ed and advised with said prince, de
pended and relied on him in import.
ant matters of business, and had so
done with reference to said English
suit shortly before, and that the said
sedulously kept the said
queen from consulting and advising
with said prince or with her other old
friends and intimates, and carefully
excluded from any consultation or
knowledge of the execution of said
deed the said Joseph Kaiponohea Aea
who had been brought up by the said
queen as foster son.
That the said A. s. Cleghorn had
been formerly friend of the said
queen and connected by marriage to
her sister Likelike, long since de-
ceased, but the said .Cleghorn had
been alienated from her by his eff
forts, backed up by q faction in Ha-
wall, to restore the kingdom with his
daughter Kaiulani as queen instead of |
the said Liltuokalani; that the said
defendants, w. o. Smith and 8. M. i
Damon, had been leaders In the said
overthrow, the said s. M. Damon hav-
ing been yice-president of the proyi-
sional government, and the said w. o. |
Smith its attorney general, and the |
said Cecil Brown having been also &C.
tive In the support of the same. being /
j member Of its Advisory Council.
Claim pominis Needed Job.
THAT the said Curtis p. Iaukea, at |
The time Of his appointment as bust |
Der 10. 1909, was without employment |
Dr. means of support. and that his pur
pose in securing the execution of said |
Iced, Exhibit A. was to secure him |
self in the said position, which yield |
ed q salary of one hundred fifty dol /
lars f$150) a month and the trustee
ship paying him seven hundred fifty
dollars ($750) a year, with other
and also securing by
said deed ultimately, without consid, !
sration, valuable piece of land in fee
worth not less than ten thousand dol
lars ($10.O00), subject only to the life
estate of the queen, who was then an
aged woman; and that the purpose of |
named in said trust deed, Exhibit "A,
was to secure to himself, subject to
he life estate of said queen, her home |
known as Washington Place in fee,
worth not less than thirty-fve thous-
and dollars ($35,00O). together with |
IN annuity of six thousand dollars
CSC, 000)
The execution of the trust deed Is
described as follows:
queen Thought II q Will.
That thereafter. on December 4,
1903, the said Queen departed from |
Honolulu for the city of Washington,
where she was seeking to press her |
claim against the United States. and.
when In San Francisco, on the twenty |
eighth day of December, 1909, she
asked her old friend, COL Samuel Par
ker, who had called upon her at the |
hotel, If he knew anything about her
having signed deed of trust parting /
with all her property and the DISPOSE
ion of 1t, and, when the said Parker
replied that he had and that 1t had /
been printed in the papers, she said /
she had not signed a trust deed, hut |
made WILL and that said defendant
J. M. Damon and the said Cecil Brown /
we're witnesses to it. The said Queen
seemed dazed, and not to know where
she was, and sent for the said Prince
md asked him if he had heard or
knew she had signed away her prom
7rty under a trust deed, and upon his
replying in the affirmative said to him
hat she wished to have said deed Of
rust revoked, whereupon the said
Prince advised her to consult an at
'orney, and the said Queen thereipon /
retained the firm of Thompson, Glenn