The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1902-07-30


and she lied if If she said 1 influenced
her. Mr. Fitch goes to any length III
these matters" continued the excitabie
attorney, despite the attempts or the
members of the court to stop him, ana
neither Mrs. Panee nor Tom. Fitch Is
going to drag my name through the
Tnire. II I
what is the substance of the affida-
yit?" asked the Chief Justice as he
finally succeeded In interrupting Davis
This is an affidavit in which l sci
out the following matters, first
Don't read it Mr.. Davis
ct is as follows" repeated Davis.
and again the court interrupted
Just give US the substance"
Davis began again. and while the JUS
tices were comforting succeeded in read
ing nearly the entire affidavit. which
was as follows:
THAT Rebecca Panee did not object
to the signing of the trust deed at my
office on the 25th of February, A II.
1902. but executed the same freely ana
voluntarily, and before she signed II l
deed of trust to her. the said Rebecca
Panee. and without hesitation or oo-
lection of any kind she signed the same
as certified to by the notary public VINO
was present and took the acknowledge
ment.
THAT the statement contained IN
the affidavit of Rebecca Panee that the
trust deed presented to her for sigma
ture was the same as the one prepared
by Thomas Fitch. alias Tom Fitch, is
absolutely untrue.
..That 1 was asked to prepare a trust
deed by James T. Wayson, Nj. D., ana
1 did so in the usual and ordinary
course of business, and neither the
statements of Rebecca Panee reduced
TO writing by Thomas Fitch with refer
ence to the execution of the said deed
can be corroborated, the certifcate OF
the notary public that she freely ana
voluntarily executed the same, ana
that the notary was present When Sdld
deed was read over is at least a corro-
boration of this deponent'S statement.
THAT the said Rebecca Panee was an
entire stranger to me and came TO my
Office for the first time on the SAID 2oth
day of February, A ID. lSUZ, ana oio
not by act, word or deed, lnduce OF
attempt 10 influence her to sign the
said trust deed, and if any objection
had been offered by her the said deed
so prepared by me would nave oeeh
destroyed and would not have peen
signed or executed in my office"
AS soon as he finished reading, Davis
began with a general attack upon Mr.
Fitch, alleging that the latter tried 10
force him to take q second mortgage
of So 900 in the Love Estate, which ne
refused to do. why it would have
taken me five or six years to work that
ont" said Davis Il am in trouble
enough as it is. and they can't throw
mud at me; it will require more than
Tom Fitch and Becky Panee to upset
me-
BY this time the justices had conclud-
ed their consultation and Chief Justice
Frear inquired:
Upon what theory do you claim the
right to file this affidavit?'
why, the one filed by Tom Fitch
reflects upon my honor and standing as
a member of the bar"
THAT is not the theory, that Is only
the reason why you want to file it. You
are not a party to the case or of coun-
sci. Your affidavit is not material to
this case"
mo, but L have right to protect
my rights, haven't I? Why if 1 induced
her TO sign this deed. l might be DIS
barred"
But you can't be disbarred in this
proceeding. action would have to be
brought, at which you would be given
chance to defend yourself" the CHER
Justice answered soothingly.
But it is a reflection on my char
acter a reflection on me in the news
papers. My name was dragged in by
Fitch and this report goes to the coast
to besmirch my character, and / ask II
this is fair. Here Is a notary public
to show that didn't advise Becky Pa
nee, and that / was simply asked to
prepare the deed"
while we appreciate your feelings IN
the matter, Mr.. Davis, this aftidavlt
can't be filed as part of this case.
What if a witness attacked orally,
while on the stand, the character OF
some one else, could they come in and
show it was false It is clear that II
could not be filed as a part Of the case,
for it would take courts outside the
| issues in a case on trial. The only
question is whether this affidavit can
(Continued on Page I'D