The Hawaiian gazette., 1915-01-26
Latest Affidavit Filed 10 Smart
Case Relates How Guard
ian Was Selected
FREAR AND OLSON BOTH
WANTED JUDGE CHOSEN
Lawyer Kinney, Chief Of Counsel
For Mrs. Knight, Now
On Scene \


public in an affidavit filed by Judge
Antonio Perry in the circuit court yes
terday on the question of his selection
and appointment as guardian ad Item
Of littlc Richard Smart, the eighteen
months old son of the late 'iThelma Par
her Smart. This affidavit is the latest
of a mass of documents already flied
bearing on the ,motion made recently
by Attorney &. II. Olson, in which the
latter seeks7to have Judge Perry re-
moved as such guardian and have him
self appointed in his place. w
The affidavit Is calculated to show
that Mr.. Olson has been actively en-.
tagged in the fight now on, for the Gus
aoay of the minor rs well Is on The
question Of the viii itself, ard that
therefore he is already an interested
party and that as such he would mot
properly represent Abe minor were he
TO be appointed as guardian ad Item,
whose duties would be TO safeguard the
Opposition Has Un.n Noon
The attorneys who favor Mr.. Olson q
substitution for Judge Perry have beer
given, until noon today in which TO file
further 9tfidayits, and It is likely that
they win do SO, in the light Of the mat
tiers brought out IN that filed by the &C
tual guardian ad Item. All the fight
at the present time is whether or mol
Judge Whitney shall remove Judge
Perry and in his place appoint c. II
Olson. Mr.. Perry has already put in 1
disclaimer of any interest other thar
that Of guarding and protecting tho
rights at law of the minor in the pend
ing litigation over the custody Of little
Richard Smart and the question Of in
heritance in connection with the biz
cstate left by the mother Of the minor
Lawyer Kinney at Hand as ILL., ,
Attorney William A. Kinney arrived
yesterday morning In the steamship
Ventura from San Francisco. As state,
before, Mr., Kinney has been retaine,
byfAfras Elizabeth " Knight, grand
fnother Of Richard. and mother-in law O
Henry Gaillard Smart. Mrs. Knight j
fighting for the possession Of he
grandson and to prove void and null Oh,
viii LEFT bv her dead daughter, which
according to Mrs. knights contention
i.osoluteIy tlisinherited 1helma 3 ittl
son and left the entire estate, said I,
be worth at least 80 ,0O0,O0O, to tn
child 8 father, II. G. Smart.
Consultation Held "a b, 49,
On, his arrival Yesterday morning MI
Kinney, who Is the Acknowledged chic
Of counsel for Mrs. Knight, was me
by Alfred w. Carter, who Is the trus
tee under Mrs. Smart s trust deed an,
manager of the great Parker ranch
and by Attorney c. II. Olson, VIII
would take Judge Perry's place a
guardian Of the minor. At noon yestel
day a long CONSULTATION was held be
tween Mr.. Kinney and other attorney
representing Mrs. Knight, but nothin
was given out for publication in regar,
To the matters brought up for discus
sion. L... .r -.. ...s..t ~. a.. 4 4. ~
Argument Tomorrow Afternoon 5@
: At two O'Clock tomorrow afternoO
20 Judge Whitney will take up argumen
on the motion proper, that for Judg
Perry g Tomoval and the appointment 0
g. II. Olson in his place. 1t is likel
that there will be prolonged argumen
ON tho question, and that should this b
cencluded tomorrow that Judge Whit
ney viii take the whole thing unde
Rdvisemont, rendefing a ruling at som
future time. 49,. ..
Judge Perry's Afiidayit
Judge Perry : affidavit, in full, TO
laws; s..l
F'sAnt0nio Perry, being first dull
sN0rn. dopOses and says? On Januar
II, 1915, at about p, M, or 4:30 p. m
! received at my Office from Mr.. F.
Thompson the order for the appoint
insnt Of guardian al litem OF III
miner in the above entitled cause M
Thompson told me that the, Hon. w. ]
lWbitney, Judge Of this eonrt, had Al
thorized mo to fill in the iappropriat
blanks with my name. did so an
also signed the acceptance of tn
Office.
Olson Also Knew D.. ~
fAt about 8 p. M, Mr.. G.. II. rOlsoi
moyqHt herein, meeting me on I'll
Ftre"t. inquired wbetherI knew of 10
appointment aforesaid, and upon recei'
ing my reply in the Affirmative, aske,
IAN t'rear get in touch with you (me
his evqning2 i replied that / W0ul
be AZ home all evening and that IN
telephone number WAS 1897. Mr. Olso
then said, Frear viii see you tn
svcning.' '""' 'v.F',
iErear Refers 10 Anpoint-=ent
sat about six y. m. Of the san
day Judge Frear called on me ut m
home. After brief talk on 9th,
subjects having no relation to d
above entitled cause, he referred 4
the fact Of my appointment as guar
ian al Item in the Smart case. Il
some-4fsrm he expressed TO me u
thought that they did not want an
one as guardian ad litem who woul
be- in any wise favorable to the pr
moment of the will.
Perry Understood Duties .. e.
r.Htf said that j understood perfect
that my sole duty was to protect a
sGhids Interests, and told him tn
latp IN the afternoon Of the previol
day, Mr. r. y. Thompson had call,
at my bpIlce and inquired II / had al
:. connection with the Smart easel thi
/ had answered in the negative, Al
that MI. Thompson had asked wheth