The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1902-07-29
DAVIS GOES ON
THE WARPATH
BECKY PANEE'S AFFIDAVIT
CALLS FORTH A STATE
MENT IN DENIAL.
SUPREME COURT REFUSES TO
RECEIVE IT.
Defense of the Lawyers Character
mot Material In the Case at Issue
What Fitch Missed

Attorney George A. Davis appeared
in the Supreme Court this morning
with blood in his eye and an affidavit
in his hand, to show that "Thumds
Fitch, alias Tom Fitch" had placed
false statements on the record of the
court, when he filed the affidavit Of
Becky Panee yesterday, in the spend
thrift trust matter. Davis was not al
lowed to file the affidavit, in spite of
vigorous protestations that his char
acter had been attacked and ought to
be defended. The court held THAI it
was not material"
"Itll take more than Tom Fitch and
Becky Panee to upset me-" shouted
Davis, as an aside, surveying the court
room as if he was looking for the sill
ver-haired and silver tongued opponent
of spendthrift trusts. by remaining
away Fitch missed a roast, and he de-
prived the supreme justices of a very
lively finishing session of the term of
ten months which expired today.
What is it?" asked Chief Justice
Frear when Davis first offered the af-
fidavit, after remarking, Il can't help
20 what straits Fitch is reduced in his
gases, he can't defiIe my good name"
Davis prepared to read it, but Frear
interrupted, asking for the substance.
Davis began with the substance, but
got Interested and proceeded to read it
all, while the justices consulted. There
was a general laugh at Thomas Fitch,
alias Tom Fitch"
"On what theory do you claim the
right to file it?" asked Frear.
THE affidavit of yesterday is a re-
Election on my character" began Da-
Wis
That isn't material, is it?" said the
Chief Justice. You don't claim that
that is a part of the case, and you are
not of counsel in the case?"
Davis insisted that he had been ac-
cused of unprofessional conduct and
might be dtsbarred. The court denied
the motion to file the affidavit, terming
it side issue that was not before the
court. The document contained the
following allegations:
That Rebecca Panee did not object
to the signing of the trust deed at my
office on the 25th of February, A d.
1902, but executed the same freely and
voluntarily, and before she signed it L
personally read every word in the said
deed of trust to her, the said Rebecca
Panee, and without hesitation or OBJ
lection of any kind she signed the same
as certified to by the notary public who
was present and took the acknowledge
ment.
That the statement containing in
lllS dlluGNlI OI INeDeCCd rance that the
trust deed presented to her for sigma
lure was the same as the one prepared
by Thomas Fitch, alias Tom Fitch, is
absolutely untrue.
That was asked to prepare a trust
deed by James 7. Wayson, NJ D., and
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 certificate of
the notary public that she freely and
voluntarily executed the same and
that the notary was present when said
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 25th
day of February, A. d. 1902, and 1 did
not by act, word or deed induce or
| attempt to 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 have been
destroyed and would not have been
signed or executed in my office"