Evening bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1895-1912, 1902-12-15
THE SUMNER BALANCE
ELLIS FAMILY RET0RT
UPON The DAvlSES
MRS. DAVIS, HER SON WAlLY
AND ATTORNEY J. A. MA.
COON ARE ALL AT.
Tackled.

s. Ellis and John S. Ellis have filed
their joint and separate answer to the
amended bill of complaint in the
cause OF Gulstan +. Ropert, trustee, of
John X. Sumner, VS.. John X. Sumner,
these answering defendants and the
members of the firm of Bishop & Co.
They are represented by Humphreys,
Thompson 4 Watson. The answer
gives history OF the various actions
brought by Mrs. Maria S. Davis, un.
der the instigation as alleged of her
son Wally, to have her brother, Sum.
ner, held as insane by the courts,
down to the sale of property to the
Oahu Railway q Land Co.
After admitting certain allegations
the answer goes on to say that Maria
S. Davis, having learned of the land
deal with the oahu Railway & Land
Co., entered into fraudulent scheme
and conspiracy with her said son Wal.
ly Davis to extort large sum OF
money from said Sumner by blocking
said sale and by instituting fresh pro.
ceedings to have him placed under
guardianship as an insane person
In her petition she declared he had
been unfit to transact business fol
eight years. These defendants de
clare that the attack on the agree
ment was deliberately planned to hin
der justice In Summers affairs, q
Mrs. Davis and her son knew thu
Chief Justice would be disqualified al
a trustee Of the o. X. & l.. Co. ant
they subpoenaed Justice Perry as ;
witness to break up the court further
These defendants say that the tria
progressed from day to day, unit
Sumner, worn out with the quip
and quiddits of lawyers, the strain o
such a proceeding, and being utterl.
distraught at the cruelty, heartless
ness and avarice of his sister tn
said Maria S. Davis, against the ad
vice, counsel and entreaties of hi
own solicitors did enter into agree
ment with the said Maria S. Davis I'm
der which he agreed to pay to he
the sum of $4,000, she agreeing 4
discontinue her said petition to hav,
Sumner declared an insane person II
consideration of the payment Of sale
sum TO her. AS evidence Of the reck
less and speculative character Of tn,
last mentioned proceeding, these dc
PENDANTS charge that one't third Of tn,
$4,000 was absorbed by the attorney
for Maria s. Davis.
The answer relates what has BEEF
already published about the paymen
OF $4,000 by the railway company
then alleges that 1t was distinctly vi
derstood by Sumner that the balanc
of $4,000 was to remain In the hand
Of Bishop Gulstan, trustee. subject t
the trusts named In the deed.
These defendants charge that TO
many months prior to the payment 20
the $4,000 to Mrs. Davis, the rels
lions between Sumner and herself an
son Wally were marked by extrem
bitterness and hostility, but just prio
to the payment of that money Mari
and Wally became very attentive
Sumner. After the payment they b,
: came still more attentive and Sumne
5 took them to his residence in Kalih
: where they are now comfortably don
D iciled.
! They tell how the $4,000 balanc
J, was withdrawn from the First Natiol
e al Bank. on the trustees check, an
. deposited In the bank of Bishop a. @
! lin such manner that no part OF III
: same could be withdrawn without III
e approval of him the said Magoon."
: Defendants also set up they are Ii
5 sole and only heirs of the said Sur
8 ner and allege that they intend {
long as Sumner Is under the infiuent
n and advice of INSCRIPTIONS and di
n honest persons, who seek to taste
i their black pennants of piracy upO
o his belongings, to stand strictly upo
e their legal rights under said deed I
J. trust: and these defendants viii
!, protesting their sincere sympathy Il
] the said Magoon. object to what a
Q pears to be his fixed intent to find
continuing source Of profit in the fun
in which they are the only benefci
rios