The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1902-12-23

ca trustee 10 succeed the BlShop, put
with the provision that the suit be car
ried on as instituted. Humphreys OBJ
jected to this saying that Smith might
want TO discontinue the proceeding en-
tirely, and consent that Sumner have
the $4,000. Mr.. Davis said that the
Bishop would probably never be able
to give his testimony and that he
wanted the case tried at once. Davis
related incidentally a bet he had made
of 500 over the outcome of a habeas
corpus case which he had won from
Humphreys, but he had refused to ac-
cept the money. He agreed to have
w o. Smith substituted as trustee and
said that it was not necessary to have
Mr.. Magoon present as he would get
his fees anyway. His partner, Mr..
Peters, is here" continued Davis, 'sand
will have to launch out into these high
er matters sooner or later, and might
just as well do it now as any other
time. 1 was attorney of record in the
Kamalo case and when I left for San
Francisco they had my name stricken
from the record and went into the trial
of the case, but I got my rights any
way
You are not going to California now.
are your asked Judge De Bolt.
II don't know. 1 am going north as
soon as can get away. but never will
II leave until the Sumner case is set
ted
Humphreys said that there could. be
no substitution of trustee and still
have the action carried on as at pres
ent. while Mr.. Smith is pious man,
he is not reverend nor unduly concerned
with spiritual affairs" said the attor-
ney, picking out further variances IN
the petition of Bishop Gulstan. Judge
De Bolt asked how the case could be
carried on with a new trustee, if the
same facts ceased to exist, to which
Davis replied that there should be a
stipulation to carry on the suit. The
court stated that the matter of appoint
ment of trustee should be approached
with great elaboration, and that the
new trustee might not take the same
position as that maintained by the Bish-
| OPP He said further that the matter
was too badly mixed UP for an imme-
date hearing.
! Mr.. Peters then renewed his motion
for continuance saying that Mr.. Ma
COON should be given a chance to de-
fend himself from the charges brought
against him. He said Magoon had his
reputation to care for, as well as his
right 70 future practice, and the mat
ter. should not be lightly dealt with.
Peters charged Davis with wanting to
go ahead of his own accord, while if
circumstances had been reversed he
would have been the first to ask for a
replied that if there was anything
lscandalous in the answer of Humphreys
the court would strike it out of it's own
motion and that no trouble would fol-
low the allegations concerning Mr.. Ma
COON as they were but ''verbiage. .
Judge De Bolt set the hearing for Fri
day morning at ten o'clock saying that
the case would have to proceed at that
time, unless very good reason for q
continuance was given. Just as court
i adjourned Humphreys attempted to
serve upon Peters his motion for a Sec
ond continuance, but the service was
refused. This is the motion on behalf
of the Ellis heirs setting out their alb
! sence from the Territory, and the i'll
ness of Bishop Gulstan. Davis, predict
ed after the adjournment of court that
it would take two years to finally dis
i - L. 49,.