The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1900-08-04
COST DAVIS
A TEhNER
The Lawyer-Notary Has
To Pungle.
JUDGE WILCOX FINES HIM
Constitutional Attorney Makes an
Able Defense But Was
Short on Facts.

WneH court opened out Wnen the az
torney, who was charged in a penal
summons with not paying his notarial
fees for the past three years. started to
arraign the High Sheriff the mercury
started on a run up toward the 70
mark.
1t was an interesting trial. The spec
tators ha-haed, the Judge smiled until
his face grew red. the High Sheriff ana
the Attorney General were in convul-
sions and the bailiff became so inter-
ested that he forgot to maintain order.
The trial was on the order of farce
comedy. full of laughable situations
and repIete with anti-climaxes. Attor-
ney Davis was arrested on penal
summons which set forth that Davis
as a Notary Public of the Republic and
of the Territory of Hawaii had not
paid his annual notary license fee OF
$40 for the last three years. which was
in violation of section 693 of the Penal
Code. Also that for one month past
during the month of July 1t was alleg-
ed that Davis had been acting and per-
forming the duties of a Notary Public
in the First Judicial Circuit. During
the month of July. II was brought out
III tnt ltldl llt dtNOthty hoa w
tanned an affidavit from George L. Ed
wards, now confined in Oahu prison
and for whom Davis is counsel, to
which he as a notary public affixed his
signature and seal.
During the examination Mr.. Davis
objected to the production of the docu-
ment containing his resignation as no.
tary public which was sent to the At
torney General. He averred many
times during the trial that the resigna-
ton had been sent i'm long before the
summons was issued against him"
High Sheriff Brown however. took the
wind out of his sails on this point by
stating that the resignation was pen
ned after the summons was served on
him-that is on August 1. Then the at
torney denied that the High Sheriff
could prove his signature. But Davis
soon after became heated and referred
to his resignation. He picked up the
paper which was lying on the desk be
fore him and showed IL to Judge VIII
cox. The spectators laughed and saw
the attorneys mistake. This was like
Haunting a red flag before bull, ant
although Mr.. Davis had strongly as
say In the police court he Launched
forth into a TRADE against the "famil!
compact" the High Sheriff, the Attor
ney General, and things in general.
! When the trial opened Mr.. Davi
showed Judge Wilcox the demurrer h
had filed the day before. The Judg
said he had read 1t and returned 1t Z
MIR. Davis. overruling it. At the re
quest OF the High Sheriff, George
Edwards, the much-talked of prisone
at the Oahu Jail, was placed on tn
4 stand. His appearance caused com
! ment, for from being a man of heav
7 build before being sent to prison, h
} had dwindled down to a mere ghost {
] his former self. He was asked If h
had sworn to an affidavit before NJ
: Davis I'm July. Edwards hesitated an
declined to answer unless His Homo
4 requested him to do so. He was pei
suaded finally that his own case wa
= not jeopardized by answering, ar
finally admitted that he had.
. Gus Rose of the Treasury Depar
ment was next placed upon the stan
u He testified to Mr.. Davis having take
y out a Notary's commission in 1sS
u Davis objected to the question. "Th
n man doesn't know what he Is talkir
about" shouted the attorney, and
y disappeared into Judge Wilcox's pl
vate room to look for a set of laws
q 1898. He came back and was about
become deeply involved therein VIII
q he discovered he had a Hawaiian We
sion. Finally the 1898 book was plac
" in his hands. "Ha, I thought l W
n right" he exclaimed. Act 81. w
you swear upon your OATH" turning
y the witness. that / paid license
r in 1882"
q Eyes, sir. your license is number 3
= was the reply. You paid 1880"
81 move that his answer be strlck
out" said the attorney emphatically
II am perfectly willing that
should" said the High Sheriff.
Then / am not" retorted Mr.. DAY
= The answer remained.
Judge Wilcox interposed at I
2 juncture. Here Is the law of 1896, ]
= Davis, and It says you must pay
license fee of $40 per annum as notar
well. there are so many laws pa
4 ed in this country" said Davis W
some heat. that suppose sometim
will have to get out license TO SIN
I'll In my home"
The High Sheriff then produced
resignation of Mr.. Davis as not
u public. dated August /. When it !
u shown to the attorney his eyes pop
wide open. He objected at once.
II did not intend to say anything
this court when l came here" he ,
4 slowly. THE newspapers said I wo
p But this paper-upon this evidence
expects to floor me. The High Sh'
brings this document down here to
in evidence against me. The chief
q ecutive officer of the legal part of
government. my learned friend AT
ney General Edmund Pearson
brings IT here. SO be I'll" His tone
~ became tragic. at another time
place we will meet again. Yes.
paper was filed with the legal br'
ctric Of the government-it was not Int
] on ed by me at the time that II shout
brought down here by the Alto