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

n go" said Mr. Fitch, ar did not
IAI know of the action of Mr.. George
A Davis in the Supreme Court
until I read the report of 1t in the
evening papers. 1 cannot understand
1t. There was not line in Mrs. Pa
nee's affidavit that reflected directly or
Indirectly upon the integrity or profess
sional standing of Mr.. Davis. The way
that the affidavit came to be filed was
that Mr.. Magoon filed in the Supreme
Court, as additional evidence. the re-
port Of the proceeding wherein 1t was
shown that Becky had executed trust
deed to DR.. Wayson by which she con-
veyed to him all her property, real and
personal, with power to sell or mort
gage, with a trustee fee of $500 and
per cent commission, and with no bonds
required of the Doctor. This Mr.. Ma
COON offered as evidence of the inca
pacity OF the spendthrift to transact
business. The execution of an analo-
gous deed by Kalua Kapukini was as
signed by the Supreme Court as one
reason for reversing the judgment of
the Circuit Court in her favor.
ut was necessary, in order to meet
Mr.. Magoon's action, for me to show
the circumstances under which Becky
came to execute the deed to DR.. Way
son. These were stated in her affidavit
which was filed in the Supreme Court.
I was i'll in bed at the time of the oc-
currence and had no knowledge of
those circumstances except as they
were stated to me by those present. l
drew Becky's affidavit in accordance
with the statement to me of what oc-
CURED She told me that she went to
Mr.. Davis Office on the written request
of DR.. Wayson, and 1 appended the
original note of DR.. Wayson to that eff
feet to the affidavit. She said that she
went because she understood that
Judge Gear desired her presence, and
she pointed to the paragraph in Dr.
Wayson's note which said that 1.-The j.
will be there Judge Gear told me that
he happened to be in Mr.. Davis office
friend there. told Becky of this and
she stated in her affidavit that she had
/ since been informed that the presence
of Judge Gear there was accidental.
She added that from the language of
| DR. Wayson's note, and the presence
! of Judge Gear she supposed that 1T was
| the desire and advice of the Judge that
she execute the trust deed, and this
conclusion on her part, from what ap-
/ peared to her, was in my opinion, quite
warranted. 1t is not said anywhere in
her affidavit that Mr.. Davis had any
! thing to do with the transaction ex-
oept to draw the trust deed at the in
| stance of somebody. who, I do not
know; certainly not of Becky. l have
always supposed, however, that he was
employed by DR.. Wayson to draw II
and that he drew it in accordance with
DIR. wayson's instructions. 1 cannot
see that there was anything unprofes-
sional or improper in his accepting such
an employment, and in following the
directions of his client. If discredit at
taches to the transaction it does not
rest on Mr. Davis, who was not coun-
sci for Becky, or interested in her case
or her affairs.
/ LAS soon as Becky learned the true
import of the deed she authorized me
to demand its cancellation. / did sc
and it was cancelled, and that would
have closed the incident so far as l an