The Hawaiian gazette., 1915-01-29
Argument Closed On Attorneys
Motion to Remove Perry As
Guardian Of Boy
cAIHcART SAYS OLS0N'S
REPENTANCE TOO LATE
Iurist Says From Bench He
Asked Thompson TO FIIl
''sss IN PeTy's Name

t.. d :.
Argument on the motion Of Attorney.
q. II. Olson for the removal Of Judge
Antonio Perry and, the appointment Of
himself as guardian nd Item Of Rich
ard Smart, the little son Of the hate
Thelma Parker Smart, was concluded
by counsel before Judge whitney yes
tefday afternoon. Judge whitney an.
nounced that he would take the matter
under adyisement He neither said nor
intimated when he would render deci-.
sion, although Il u probable that this
win be forthcoming In a few days.
At4two. o clock, when argument re-
opened on the motion, Attorney John
W. Cathcart resumed his address in OPP
position TO the removal of Judge Perry.
lie spoke for an hour, going over the
question Of nomination Of guardian
AID litem at considerable length. Mr.
Catheart referred TO the recent with.
drawal Of the law firm Of Holmes, Stan
ley & Olson as counsel for Mrs. Eliza
beth J. Knight, grandmother Of little
Richard Smart, as an eleventh hour
move,
Front Seat In Heaven
aThe withdrawal Of the attorney for
the grandmother from her case is, per.
haps, repentance--a repentance in
krticulhf mortis and may admit him
to front seat in heaven said Mr..
Catheaxt, shut Il should do him no
good In this case. II the court
grants the petition for removal Of
Judge Perry and grants the petition
for the appointment in his stead of Mr.
Olson, he win appoint person whose
Interests are bound up with those Of
the grandmother, whose hate words
Icannet express. ] say that the estate
win be dissipated and the proceeds
wasted--not /, to serve the interests of
the minor, but to serve woman's hate.
One of two results win be attained
either her revenge win be eonsummated
by striking down Smart, who is n com.
parative stranger in this community, or
the savings Of past generations Of the
Parkers win be dissipated in litiga-
| tion. ~
Olson ana kinney Close
Mf. Olson took an hour in closing,
his argument covering the reasons he
believed warranted Judge Perry's re.
moral and his own appointment as
80 w " INC isste wy
re was followed by Attorney ". A.
Kinney, VINO spoke briefly. MT Kinney
heid mat the minor best interests
would DC suDserved by the granting OF
the prayer Of Mr.. Olson 8 motion.
At one stage in the argument yester-
day afternoon, Judge Whitney yolnn-
teered statement ON the question of
what transpired when Attorney +. 4.
Thompson called on him in regard to
the appointment Of guardian ad litem.
Jndee Whncy's statement
In the matter OF whether or not
there was actually nomination Of
Judge Ferry by Mr.. Thompson the court
Twill naturally be inhuenced-whether
rightly or wrongly-by his own recol-
lection or remembrance of the applica.
ton, said Judge Whitney.
ST counsel desires, the court is per-
fectly willing to state to counsel his
own recollection, in order that counsel
may argue whether or not there was a
nomination II differs somewhat from
MI. Thompson's affidavit, though, /
thing, not in material particulars, I,
Mr.. olsOn--"We would like to hear
it,
whitney Was in Bed
"My recollection of the occurrence
Is this; That on the day Of the sign
ing Of the order for publication of the
petition for the probate of the will
in question, Mr.. Thompson, some time
in the afternoon, came out to my house,
where was confined. to my bed with
an attack Of sciatica, and was shown
ITO my bedroom, continued Judge
whitney.
fHe presented, first, the petition for
probate, Theer was some little CONVEX.
sation as 10 that, which Is not mate.
rial. After l had signed the order for
publication and notice Of the pendency
OF the uetition, Mr.. Thompson said, to
this effects .sw mtHi
Tells what Thompson said 4
'esWe have here also a petition for
the appointment of a guardian nd Item,
Under the authorities, as | have looked
them M, said Mr.. Thompson. st Is
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