The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1901-09-17
HOME RULER
IS SUED
Geo. Markham. Is
a Defendant In
Law Suit.
JURIES CALLED
IN CIRCUIT COURT
A $40, 900 Damage Case Comes
to Sudden End in Judge
Titles Court.


Charges of a grave nature are made
by T. B. Cummings in a suit filed by
him yesterday against George Mark
ham, formerly prominent Home Rule
man, and John H. Cummings. The /
plaintiff asks for an injunction and
of an agreement made by |
a half interest in his share in the estate
of his father. He alleges that the
extremely necessitous circumstances,
and had shipped as a sailor to go to
the Sound at the time July 80, 1901.
He mentioned this fact to Markham
whom, he says, then told him that there
was no necessity for his so doing; that
he would give him all the money he re-
quired, as plaintiff had plenty of prop
erty here and that he would force
settlement of plaintiffs fathers estate;
that until said estate should be settled
said Markham would advance to plain
tiff all the money that he required and
further stated to plaintiff that Cecil
Brown who is the administrator of
plaintiffs fathers estate, and F. Wun
denberg who is the guardian of the
minor children were trying to rob
plaintiff and his brothers and sisters,
which said Markham induced said
plaintiff to believe to be true"
He further alleges that the document
was presented to him to read, but he
only glanced over it hurriedly, believing
it to be true, he said, simply a docu-
ment authorizing him to act for plain
tiff. He then signed both documents,
the one marked exhibit A giving de-
PENDANT Markham certain rights in his
fathers estate which he did not intend
he should have, and exhibit B which is
an absolute deed of one-flalf of plain
tiff's interest in the estate belonging to
Clarissa E. Cummings deceased, moth
er of plaintiff. Plaintiff further alleges.
That the procuring of the execution Of
said documents by plaintiff and the de-
livery of the same to the said George
Markham was fraudulent, and that the
said George Markham thereby intended
TO and did thereby cheat and defraud
the plaintiff
He further alleges that the benefits of
the property Markham would acquire
by said pretended deeds were of great
value and entirely disproportionate to
any service rendered by him in the
premises or that he might render. 1t
is further charged that Markham and
defendant, ]. n. Cummings, have en-
tered into an agreement by which the
latter has been given some interest in
the premises described in the docu-
ments.
An order is asked for the cancellation
| of the agreements, and to enjoin de-
PENDANTS from disposing of the said
property. BY the agreement, Markham
| is made attorney in fact
| THE GRAND JURY.
| Both grand and petit jurors We're in
| court yesterday morning when Judges
Little and Gear took the bench in the
| Supreme Court room. In all there were
| seventy-two men present, of whom
twentyfour were members of the grand
jury.
The grand jury panel was first called
|
responding to their names:
Henry Warehouse, William G. Irwin,
Charles T. Wilder, A. j. Peterson, Chas.
NJ Cooke, Phillip Moyian Lansdale, l..
Tenney Peck, James Gordon Spencer,
Charles Alfonso Graham, Horace +.
Craft, Star Kapu, Charles NJ, V. Foster,
Harry Lewes, David Kawananakoa,
Charles B. Wilson, F. H. Loucks, E. S.
Cunha, Christopher Jones Holt, Josiah T.
Ivw1,x
W. Booth, Moses K. Nakuina, David
Lawrence, and Henry de Fries.
Judge Gear announced that he would
hear excuses only upon affidayits prop
erly drawn and filed with the court. At
torney Davis then presented three. One
was signed by Samuel Parker, who said
he had important business W ich requir-
ed his immediate attention in Wash
ington. The court said that Mr. Parker
had taken numerous pleasure trips, and
asked that he be informed what the bust
ness was. so that he might draw his own
conclusions. 1t was then learned that
Parker had not been summoned upon
the jury, and was under a wrong i'm
preston in coming into court.
VIM. G. Irwin presented an affidavit
alleging that he is British subject. and
consequently disqualified for jury duty
The court said that he had judicial
knowledge of the fact that Mr.. Irwin had
been a member of the privy council un-
der the old monarchy, and had held other
governmental positions, and should have
been a citizen, even though he was not
one. Mr.. Davis replied that Mr.. Irwin's
affidavit was the only matter before the
| court, and no other evidence had beer
presented. He gave 1t as his opinion tina
Mr.. Irwin's services on the grand jury
would invalidate the whole proceeding.
of that body.
Joseph Gilman presented an AFFIDAVIT
stating that he had urgent business II
/ San Francisco which necessitated hi:
] departure today on the Sierra. Charles
Booth is a party to a case to come VI
for hearing today, and Judge Gear an
nounced that he would be excused from
day to day. Business was given as
reason for excuse by James Gordon
Spencer in his affidavit; also the add
tional fact that he had served twenty
two days on the February jury. f. G
Prescott was excused from service on tn