The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1902-09-09
is !
NOT INSANE
Prosecution
Is Malicious
One.
JUDGE GEAR
DISC UALIFlED
George Davis Gets a Call Down
From Henry Hishton.
Answer Filed.

CIV PoANs oAAAAiS ~ LII VI S. ySo-
terday to the complaint of his sister,
Maria Davis, alleging that he is in
sane, and who asked to be appointed
his guardian; and which the defendant
declares to be both false and mali
cious." The matter was before Judge
Gear yesterday morning and the Court
intimated that he could not try the
case because he was disqualified, as at
one time he vas attorney in a similar
attack upon Summers mental capacity.
The old man is anxious for an immedi-
ate trial in order that he may prove his
sanity. Davis objected to the early
hearing in his usual strenuous manner
and as a result received such a caustic
dressing down in reply hat the erst-
while ~loquacious attorney was rendered
speeches..
In an answer filed yesterday Sumner
denies that he is insane or ever has
been, and alleges that he is fully able
and competent to transact business and
to care for and control his own prop
erty,' and adds further, that the al
legation in said petition that he is in
sane is both false and malicious"
The respondent admits that the petit
toner is his sister and nearest rela-
tive, and alleges that for some reason
inexplicable to him, and influences
which are mercenary and injurious, by
reason Of said relationship, the said pc
t~itioner assumes the right to regulate
| and aonfr01 nr IN 0hCfr1nt ond iptor-
fere with, the actions of this respondent
in relation to his own property, real
and personal"
Sumner admits being the owner of
property worth $3.50, 900, and answers
further that he is a resident of Tahiti,
being engaged there in the cattle bust
ness, and is in Honolulu to attend to his
business here, and also to defend a suit
against him by the Oahu Railway and
Land Company, but which suit was
about to be settled when this new pro-
ceeding was instituted. Sumner further
answers hat the petitioner or her son,
r. w. Davis, who was instrumental in
bringing the suit. was not consulted in
regard to the Oahu Railway and Land
Company suit, or his property interests,
"and this respondent proposes to ex-
~ercise his own judgment, and to act
upon his own will, in the disposal of
any fruits or avails of the said suit, if
compromised, or of his property gener-
ally in said Territory, and alleges that
the object and purpose of this pro-
lceeding is to interfere with and delay
this respondent in the negotiations
aforesaid and to compel him to act I'M
der the directions and Instructions of
the said petitioner and her advisers in
the management n control of his
property" The respondent also an
lswers that his business interests in
Tahiti require his attention and asks
that he be not unduly delayed in the
Territory, alleging that this proceed
ing is unfounded, vexatfous and ma
licious.'
Mr.. Henry Highton, who appeared
for the defendant, asked that the hear
ing be had Immediately as his client
did not wish to be unnecessarily delay
ed in returning to Tahiti. Davis jump
ed to his feet and as usual began saw
ing the atmosphere in his most e1o-
quent manner trying to convince the
court that the suit should take its reg
ular course. He commended that the
summons gave the defendant two weeks
to answer and consequently the case
could not be called up until September
goth, which is made the return day
He said also hat two or three inter
eStS had to be protected, and protested
against going to trial until he had pre-
pared for it. He said further that h
could prove Sumner to have been in
sane by the record in other cases al
of which. had first to be investigated.
Mr.. Hignton replied that any record
in any other case had nothing to d.
with the case at bar. He said that tn,
llaw presumed Mr.. Sumner to be o
sound mind until he was proven insane
and that the respondent was entitle,
to have the suit determined as soon a
possible. No matter what counsel OF
the other hand said, respondent is enti
tied to justice according to law, an,
under the presumption that every ma,
is able to take care of his own property
HE said il was q. novel proposition I'm
- known to any court in ChriStendom t
icompel a defendant to wait to answe
until the time fixed in the summons.
There is such a rule or statute in Ha
wall it is pure, unmitigated nonsense
Mr.. Highton said hat if he had ha
recourse to the records of past cases h
might be able to give counsel on tn
other side a dose of his own medicin,
CCilItddIAS ne Sdlu Ihdl vi 0ulIiIIeI
anxious to go to Tahiti, and if insan
he wanted to be declared so and CON
mitted To an insane asylum; if not, h
certainly had the right to attend to h
own business in his own way.
Davis got up to reply, but Highto
asked how nan arguments he was CT
titled to under the rules Of practice. ar
he sat down again. Judge Gear did NJ
pass upon the question as to trial. bI
stated that there was a serious u,,e,
ton in his mind as to whether he coul
go into the matter at all. He said thu
he had been engaged as counsel in
lsimilar case when it was snught I