The Hawaiian gazette., 1902-12-26
SEEK
MORE DELAY

The long-threatoncd motion for
continuance IN the simmer case was
filed yesterday by A. :. Humphreys. on
behalf Of Victoria Ellis Bunnndcau
aud the remaining Ellis heirs. with q
number OF aflldayits setting out facts
which IL Is alleged can be proved by
the testimony OF w. 5. and J. S. Ellis
and Bishop Gulstan. An affidavit is
also appended from DR.. Herbert, set
ting out the Illness of the Bishop
Mrs. Buffandeau, in her affidavit. al
leges, among other things:
THAT ailiant expects TO prove and
will prove by said William 5. Ellis,
that during the trial of proceedings -
place said Sumner under guardianship
as an insane person. had in the cir
cult court of the First circuit, Terri
tory of Hawaii during the month OF
September last, as alleged in the joint
and separate answer of the defendants
William Ellis, John S. Ellis, that he
! (Sumner) was tired of being in court,
and that in order to pacify his sister
Maria S. Davis, and to have all pro-
ceedings against him and his property
dismissed. he. the said Sumner, would
with the consent and approval of said
beneficiaries under said trust deed,
give said Maria S. Davis fifteen thou
sand ($15,OO0) dollars; that said Will
| lam S. Ellis and the attorneys of rec
! ord for said Sumner in said proceed
irgs. protested against any settlement
upon said Mary S. Davis; that from
day to day thereafter said Sumner re-
newed his wish to settle said proceed
| ings as aforesaid, until said beneficiar-
| les under said trust deed finally con-
scented to the payment of said sum OF
fifteen thousand (s15,0O0) dollars to
said Maria S. Davis for the purpose
aforesaid.
"That thereafter with che consent of
said William s. Ellis, John Ellis and
afflant. and with the consent and at
the request of said Sumner, said Ro-
pert did distribute portion of said
sum of one hundred and ten thousand
(s110.O0O) dollars; that out of the por-
ton so distributed fifteen thousand
(s15 .OOO) was paid to said Maria S.
Davis, and the sum Of ten thousand
(s1O.OOO) dollars to each Of said bene-
ficiaries under said trust Decd that at
, the time said distribution was made a 5
aforesaid it was distinctly and ex-
! pressly understood and agreed by the
! said Gulstan F. Ropert, the said John
, X. Sumner. said William S. Ellis, Said
John s. Ellis and this affiant, that the
, balance remaining after said partial
: distribution ought to be, should be, and
! was to be held by said Ropert trustee
) upon all and every the trusts In said
deed Of trust mentioned"
There is another affidavit to show
; what it is expected to prove by the
D;,bnp onI Mrc puffapdpau
THAT affiant expects to prove and
, will prove by said Gulstan F. Ropert,
the contents and purport of said will.
which said will, without the knowledge
consent, connivance, or instigation of
,, this affant was, on the 2lst day OF Oc-
! tober, A. ID. 1902, destroyed by sal
: Sumner by burning the same.
THAT the fact of the statement to
said Ropert by said Sumner and said
e Magoon in connection with the cancel
u lation of said will, as set forth in para
{ graph six hereof the contents and
u purport OF said will cancelled and de-
= stroyed as aforesaid, and the letters
= from said Sumner to said Ropert, di-
u recting a partial distribution Of said
y trust fund, as set forth in paragraph
II four hereof, cannot be proved by any
person other than said Ropert and af-
>. fiant AYERS, that the testimony to be
i procured from said Ropert is not GU
. mulative, but Is indispensable to a
proper hearing hereof.
u THAT this affiant believes the testi-
s. mony, as above set forth, to be procur-
c ed from said Ropert, is true.
s. "That this affiant has reasonable
e expectation and belief that the testi-
n mony OF said Ropert can be procured
$: by the 18th day Of January, 1908.
II "That this application for contin.
: uance is not made for vexation or de-
Il lay, but in good faith for the purpose
II of obtaining fair and impartial hear
&c ing of the issues. and that justice may
, be done"
n 4 K 4 + TX X 4 + 4 X 4 X X X
of more than 10000 cubic yards of sand
y Taking the excavations of the frs
" contractors, Clark & Henry, and tn
% twelve days of successful dredging o
; the present machine. there is thel
" something like $4,000 yards of materia
u dredged out of the channel or NOR
~ than twenty per cent of the entir
e amount which must be brought up 70
u the completion of the contract. TIL
! progress means more. too, in that tn
IT period fof experiment has passed an
lie the men in charge know just what the,
/ may expect from their machine.
The channel which is now being Gu
is 1870 feet wide by thirty feet deer
. and will extend for total distance o
~ 1900 feet. OF this distance there is clos
to 400 feet now complete. This will no
constitute all the work which is to b
~ done, but will materially help in tn
finishing OF IT. The channel when com
.e plete must be $50 feet wide, and hay
" slope on each side which will pro
!, tect the channel against washing dow
y of sand in the future. The creates
y depth of the sand hill which must b
> attacked Is sixteen feet, the sand de