The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1916-03-31
QUEEN IS MADE
Respondent BY
CIRCUIT JUDGE
Liliuokalani Dropped A. Peti-
TONER In Suit To Break Her
Trust Deed
KALANlANA0LE ALLOWED
TO AMEND COMPLAINT
-----
Says 'kinswoman' Is Of Unsound
Mind, Unable To Manage
Her Affairs a

e vi MS own MOTION, Judge Stuhrt yes-
teriay made Queen Liliuokalani re-
spondent in the equity suit originally
brought in her name by ], X. Kalania-
mole for the purpose Of breaking the
trust created by the Queen over her
property some years ago.
This interesting suit entered several
new phases yesterday when Judge Stu
art finally allowed a decree present
ed by Judge Antonio Perry, counsel for
the Queen, allowing the diseontinuanee
and dismissal Of the action insofar as
Liliuokalani was personally concerned
a. a party petitioner. t
IL viii be remembers that Kalani
ana0le instituted the suit in the
Qneen's name, as her next friend, as
wtll as in his own name. The Queen
repudiated the action and asked TO dis
continue and dismiss il, on the ground
that II was unauthorized by her and
that she desired to have her trust con.
tinuei. Upon refusal of the circuit
court to allow the Queen s motion in
these respects the matter was taken to
the supreme court, which allowed such
diacontinuance and dismissal Of the
suit 80 far as the Queen was concerned
Arehearing Of the matter asked by Ka
laninnaole was denied last Saturday by
the supreme court.
From Petitioner To Respondent
Thus, the action Of Judge Stuart
makes Of Queen dIiliuokal ani respond
eht in the action when she had just sue.
eeeded in freeing herself as petitioner
in the suit which she had disowned,
Judge Stuart yesterday held that the
trust case cannot very well be tried
without the Queen being party to it.
She 10 that now, as respondent, ac
eording TO the jurist 5 latest ruling.
Another important phase in this in
tensely interesting litigation over Lii
iuokalani's valuable property was
reached yesterday when counsel for Ka
lahianaole asked Judge Stuart for leave
10 amend the petition in the equity suit
50 rs to allege-the original papers fail
ing to have done so--that the Queen
10 Of unsound mind. mentally ineompe
tent and, therefore, unable to care for
and conduct her business affairs
, Judge Stuart allowed this. i..a
Kalanianaole also asked that guard
ian ad Item be appointed by the court
70 represent the Queen, whose sanity
and competency is now openly attack
ed. This, too, was allowed by the
court, but no such guardian has been
appointed since the allowance of the
motion, although Judge Stuart some
time ago said that Lorrin Andrews had
been appointed as guardian ad htem--
this being prior to Kalanaianaole .
open charge thar his kinswoman, as he
calls her, is not of sound mind. LIZA.
Ten Days To Amend .,s, I'd
iKalanianaole, who is now the only pc
titioner in the suit to break the Queen g
trust deed, was allowed ten days from
yesterday by Judge Stuart in which
to amend his petition in the manner
set out above. When such petition has
been amended copies will be served on
the trustees Of the Queen 3 trust prop,
efty, w. o. Smith, Curtis p. Iaukea
and Samuel NJ. Damon, and on the 9th
er respondents and benefciaries, inelud-
! Ing Iaukea, John A. Dominis and the
Queen herself, the new res pondent. 5r
Anticipating just what transpired
yesterday, when Kalanianaole moved
aRd was granted leave to amend his
suit 50 rs TO charge Queen Liliuokalani
az Of unsound mind, mentally ineompe-
tent and unable to carry on her own
business affairs, the Queen recently,
through Judge Perry, her counsel, fled
IN Judge Whitney's court proceedings
for the taking of Testimony, and to per
petpate such, as TO her sanity and men
tai competency This was allowed last
Monday by Judge Whitney, over the OBJ
ieetion Of counsel for Kalanianaole and
after Judge Whitney had ruled against
the suggestion that such testimony
should be taken before Judge Stuart,
IN whose court the trust busting action
wa. aud Is pending for hearing
on Its merits.
Testimony In Psrpetuity ...~
Under these proceedings the testi.
nony of Miss Lucy Ward, an intimate
friend of the Queen, was taken and Il
now a matter Of record, suitable to be
used In any action wherein the Queen 4
sanity may be attacked, IL is claimed
y Miss Ward said that from long and
close observation she believed that
Qpeen Liliuokalani was perfectly sane
and quite able to conduct her business
affairs
The testimony Of another witness was
70 be taken, This witness to,be was
Miss onaona Bell, of Vancouver, Brit.
nh Columbia, Canada. After the close
Of Miss Wards testimony, Judge Perry
told Judge Whitney that other plans
had been made for the perpetuating OF
Miss Bells testimony, and the hearing
closed.
furtter Delay Anticipated y"
While, following the recent decision
o. the supreme court, it had been be,
loved that the trust case woukl soon
20 70 trial ON its merits, much delay ID
now Looked for before the trial can be.
gin, IL Is claimed. Upon service of the
amended petition, leave for which was
eBanted Yesterday, the respondents will,
tits asserted, be allowed to file q new