The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1902-12-27
De Bolt Forces Out
the Many Side
issues.
LAWYERS USE
HARSH LANGUAGE
Magoon and Humphreys Ex-
change Personalities Court
Calls It UnprofessionaI.

The John K. Sumner case was finally
forced to trial by Judge De Bolt yes
terday afternoon after three prelimi-
nary motions had been disposed of. On
all of these there was warm inter
change of compliments between the at
torneys, Brothers-in-law Magoon and
Humphreys being particularly bitter
in their personal references to each
other.
Judge De Bolt delivered a. scathfng
rebuke to all the attorneys in the case,
but it did little good, and the hearing
yesterday was marked by vivid person
alities. The illness of the Bishop is
likely to put a stop to further progress
in the case, as his evidence is required
and the trial may yet come to an end
before its completion.
The trial. will be resumed at ten
O'Clock this morning, but during the
holidays there will be only half day
session of court each day.
When the case was called up before
Judge De Bolt yesterday morning Mr..
Humphreys asked to reply to the mo-
ton of Magoon & Peters that the
firms name be stricken from the record
as counsel for the Ellises. Reading the
affidavits and motion, he stated that
proof of the allegations therein would
be sufficient for disbarment and asked
the court to investigate. He denied the
truth of the affidavits and stated that
he would like an opportunity to prove
the falsity of the assertions. 1.-THE mo-
ton and affidavits of Peters and Sum-
ned when coupled with the statement
made in open court by Magoon and
Peters show them to be the most reck-
less mariners who have ever embarked
upon the sea of Hawaiian judicature
without chart or compass, in boat
of stone, blackmail for. a crew, with
sails of lead, Gods wrath for breeze
and hell for a port. This is the affida-
Wit of the affidavit man of a law firm
sunk belly deep into the quicksands OF
infamy.
81 have always looked upon Mr.
Peters as an honorable and rising at
torney but his conduct in this case
clearly shows that he is but the shadow
of a moral idiot"
Mr.. Magoon tried several times tc
interrupt the TRADE of Humphreys but
was unsuccessful, the court refusing te
allow any statement. Magoon claimed
he had right to protest against any
such remarks in open court
Both Magoon ard Peters replied al
length to the statement made by Hum
phreys saying that the charges in the
motion were true and would be sc
shown.
Davis interrupted the exchange OF
courtesies between the brothers-in-law
to say that he wanted the issues tried
to find out whether or not the $4S,0O(
should be paid to Sumner. He said he
was not interested in these side issues
Mr. Magoon said he didn't know
whether or not the court wished to heal
any more diatribes from counsel but
that the words of an attorney whose
name had been blackened in the record:
of Supreme and Circuit Courts by the
Bar Association, didn't count for much
This he said was more infamous thar
anything he had ever heard in a civiliz
ed community. He referred also tt
Humphreys as ''defling his own sister:
by publishing scandalous things"
Judge De Bolt interrupted the state
ment of Mr.. Magoon by saying that too
much time was being wasted in side IS
sues. your clients are not here to de
fend your reputation said the court
attorneys should look after the inter
ests of their clients and not attacl
other counsel. 1t doesn't enlighten th'
court to continually seek to bring III
/ side issues. say this for the benefit o
your clients, on both Sides
Mr.. Magoon said that he didn't go in