The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1902-12-22
A CONTINUANCE
IN SUMMER
CASE
, A, Magoon one of the Attor-
neyS and His Daughter and
Bishop GuIStan all Seriously

With Bishop Gulstan reported to be
on his death bed, and Attorney Magoon
confined to his home by serious illness
both of himself and his eldest daugh-
ter, the John K. Sumner case was or
dered postponed this morning, but not
until the attorneys representing the
various interests had practically agreed
to have a decree entered allowing the
bishopto resign and appointing a new
trustee for Sumner. The names of w.
o. Smith, j. o. Garter, A. w. Carter
and S. NJ. Damon were suggested by
Humphreys for trustee.
The motion for a continuance was
made by Peters, who informed the
court of the illness of Magoon and the
critical condition of the latters daugh-
ter. Humphreys and Thompson joined
in the request for a continuance, while
George A. Davis opposed it. Davis said
that Magoons partner could handle
his end of the case, and that Sumner
was very anxious for an immediate
hearing. He thought the case ought to
go on.
"I can only say that the bishop is on
his death bed" said McCants Stewart,
when consulted as counsel for the bish-
op, land 1 am informed that he is
sinking and likely to pass away during
the day."
it proper to postpone the hearing, un-
der the circumstances.
Davis then made a proposal to settle
the case. He thought counsel should
be willing to agree to the discharge Of
the bishop as trustee and the release
of the $4S,0OO paid into court They
have got $4,000 and surely ought to be
willing to release the rest" he said.
Humphreys offered to agree to the
ho nf h hi re
as trustee to be filed later, if the other
side would consent to the appointment
of w. o. Smith, j. o. Carter, A. w.
Carter or S. NJ. Damon as trustee sue
ceeding the bishop.
Davis said this was acceptable if it
was without prejudice to his case but
he was not sure whether it was within
the law. A bailiff was sent after the
102nd Massachusetts, in which Davis
said there was an authority on the
subject, but it wasn't presented, as the
court and attorneys wouldn't wait.
Davis said he wanted five minutes, to
look it up, while the other lawyers
wanted a recess, during which all
might meet and agree upon a trustee
and formulate a decree.
'I don't propose to wait while Mr..
Davis takes a law school course in
court" said Humphreys, though 1 ad-
nit that he needs it."
Davis looked volumes, but didn't re-
ply. The court adjourned to o'clock
this afternoon, the attorneys arranging
to meet in the meantime and select a
new trustee and draw up a decree for
the court to sign discharging Bishop
Gulstan and appointing a successor.
This afternoon the attorneys showed
up in court little nearer an agreement.
Humphreys objected to appointing a
new trustee with the idea that the
trustee should continue Bishop Gull
stan's petition to secure a discharge
while Davis said he wanted the action
to continue. The parties agreed upon
w. o. Smith as trustee, but they were
not able to settle conditions of his pro-
posed appointment, and the matter was
continued to Friday One solution
suggested was that Smith be appoint
ed, the present suit discontinued and
a petition be filed by Sumner for the
termination of the trust.