The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1902-07-29
JUDGE GEAR
WAS THERE
Becky Thought tie
Was Holding
Court.
ADVISED HER
IN DAVIS OFFICE
Sensational Charge Made Against
Third Judge in Appeal in
Panee Spendthrilt Case.

The Rebecca Panee spendthrift cas-
was reopened in the Supreme Cour
yesterday with the filing of an AFFIDAVIT
4 making sensational charges agains
Judge Gear. 1t is alleged In effect tina
a trust deed by which Becky virtual,
| transferred all her property 10 DR.
Wayson was secured through the in
fiuence of the second judge, who was
present at a consultation in the office
of George A. Davis, when the spend
thrift was, induced to sign the deco
which was afterwards cancelled by
Fitch.
While the first deed was being pre-
pared, Mr.. Fitch became i'll and DIR,
Wayson wrote to Becky saying he had
fixed things with Fitch and every
thing was all right" Subsequently
Becky received a note signed W. as
follows: "Rebecca. meet me at G. A.
Davis Office at $50 p. m. sharp. Will
be there with the u and you can see
everything"
Continuing. Becky alleges that in
compliance with the request of said
note she went to the Office of Mr..
George A Davis and found there DR.
Wayson, Judge George d. Gear and AR
George A. Davis. Deponent says that
she has since been informed that the
presence of Judge Gear at that time
and place was accidental. but at the
time she believed and was, from all
the circumstances ard from the state
ments of DR.. Wayson and from the
language of DR.. WaySon's note exhibit
b, justified in believing that Judge
Gear was there to advise deponent as
to her interests and duties in the prem
Uses. Deponent says that she was urged
to sign and acknowledge at once a
trust deed, a duplicate original of
which is annexed hereto marked Ex-
hibit G. Deponent says that she OBJ
jected at the time to signing it with
out first consulting her attorney, Mr..
Fitch, but she was informed then and
there by those present that Mr.. Fitch
was confined to his bed and unable to
be present, that the trust deed present
ed 20 her for signature was the same
as the one he had prepared. and that
her interests required that she sign
and acknowledge it at once.
'Deponent says. believing their state |
ments ana having confidence and faith |
in Dr. Wayson, and believing from the |
presence and language of Judge Gear
that it was to her interests to execute |
the deed. she did So"
When Fitch learned of this, according |
to the affidavit he had the new deed |
as it gave Wayson powers
not accorded him in the original paper |
In the deed made by Davis. Wayson
was given absolute control of the Panee
estate without bond and could mort
gage or sell real estate at will. On
July 4th il is further alleged in the
affidavit DR.. WaysOn came TO Becky
and urged her to sign a paper declar-
ing that she did not believe he en-
gagged in or conspired to defraud her of
ler property, which she signed.
In conclusion Becky says that the
of Mr.. Magoon is dis
asteful and unnecessary, and she asks
he Supreme Court to affirm the dec-s-
he Supreme Court - affirm the decis-
N by Mr.. MagoOn, and the affidavit is
lied in opposition to his plea for set
ing aside of the verdict She also ac-
the affidavit with trust
Iced which she says she will execute
o the Hawaiian Trust Co. by which
Ter property will be cared for and she
will be given a life income Of $40 10
135 per month.
The Supreme Court allowed the argu-
nent TO be made on briefs. because OF
he short session, and by reason of
DR.. Fitch's coming departure for the
!