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

III.
N said proceeding W. A. Kinney, Esq.
IS guardian ad Item of said Richard
Smar,, a minor That said affidayits
Gere so highly improper that on one
occasion during said hearing before
he Honorable j. A. Matthewman. the
court, as shown by the record OF the
JrCceedings, made a statement to said
=. II. Olson, Esq, and NJ. +. PTosser
Esq, to the following effect:
What do you claim for this sort OF
an affidavit? l think it is an imposi.
Ion to have such stuff"
That after the said petition of Mrs
| elizabeth J. Knight and said affidavits
had been read in said proceeding,
Judge Matthewman, then hearing the
matter, as shown by the records, said:
AS to the question of the guardian
II the person of this child pendente
lite, | prefer to choose some person
| who is not connected with either side.
u is very clear that there is family
feud here that started way back and
has been maintained with considerable
aninosity up to the present time, for
that reason it does not seem quite
right to Mr.. Smart that ! should ap-
point Mrs. Knight guardian" 49,.
In line with this statement of the
court, Judge Matthewman appointed
Mrs. Mary Ann Lemon temporary Gus
todian of the child, on his own motion.
That ON the said eth day of Janu-
airy, 1915, the said Honorable j. A.
Matthewman, upon the application OF
he hn
+. Prosser, appointed w. A. Kinney,
Esq, as guardian ad Item of the said
Robert Smart, a minor, in the said
proceeding then pending before him.
That from one of the affidavits above
referred to, it appeared that acting I'M
der instructions from the said Mrs
Elizabeth J. knight, the said William
A. Kinney had been retained by tele-
graphic communication, to act as at
torney on behalf of the said Richard
Smart in said proceedings so insti
tuted by Mrs. Elizabeth J. knight to
have herself appointed guardian of the
child. That on the 14th day of jan
uary, 1915, as of January II, 1915,
| the said Honorable ]. A. Matthewman
made an order in said proceeding ter
minating the said appointment of W.
A. Kinney, Esq, as guardian ad Item
and appointing David l.. Wilmington
in his place. such order was in the
following language: ~. l.
"order. .. -. .
Toward the close of the ex parte
hearing last Thursday. January Z, in
reply to a criticism from the bench
as to the clearly improper matter con-
tanned in the affidayits then being
read, it appears that most of them
were prepared by William A. Kinney
| who seems to have been employed by
the minors grandmother, to advance
and protect the interests of the child.
Counsel present admitted that the
affidavits showed that there had been
an intense personal antagonism be-
tween the minors father and grand
mother from time preceding the mar
riage of the former to the latter's
daughter, now deceased. This condi-
ton of affairs made it impossible for
the court to adopt the grandmother as
the temporary custodian of the child.
The court in its attempt to find neu-
trail person was also adverse to APP
| pointing another who was then sug-
gested, deciding finally upon the
matron with whom the child has been
living under its fathers employment.
The same reasons governing in the
appointment of Mary Ann Lemon now
impel the court after further consid-
Grafton of the affidavits presented and
the statements of counsel to termi-
nate the temporary appointment of
William A. Kinney, as guardian ad
Item this day made, and appoint in
his place David L. Wilmington of Ho.
nolulu, city and county of Honolulu.
The latter is hereby authorized and
directed to guard the legal interests
of Richard Smart from now on and
throughout this proceeding unless 9TH
erwise ordered"
That prior to the appointment of
said w. A. Kinney as guardian ad
litem as aforesaid, the Honorable J.
| A. Matthewman, judge, in said pro-
ceeding, expressed doubt as to
whether or not he should preclude
Henry Gaillafd Smart from objecting
to having his child represented by
SnAu w. A. hlHucy, Eou., dIlu oldIcu
that he would not care to preclude
| the said Smart at any stage from the
right to be heard and object, to which
the said C. H. Olson, Esq, replied that
the said Henry Gaillard Smart would
have that same right by motion al
any time That notwithstanding THU
attitude of the said c. H. Olson, Esq,
! at that time, affiant understands tina.
| under his, C. H. Olson, Esq.'s own ap-
| plication to be himself appointed
guardian ad litem in the proceeding
now pending before this honorable
| court, he is taking the inconsistent
position that the said Henry .Gaillard
Smart is not entitled to be heard as
| to the unfitness of the said &. II. OF
sen, ESQ, or as to the fitness IF the
said Antonio Perry, Esq, whom the
said C. H. Olson, Esq, is attempting
to remove, or as to the legality of
the appointment of the sai6 Antonio
Perry, Esq, position which enables
the said c. H. Olson, ESQ.,, in his own
/ .zesssse q. "a. Is =. 49,. :.