The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1902-09-20
HAS 4 MIND
Of HIS OWN
New Move in John
K. Sumner
Case.
GEARS MIDNIGHT
ORDER CRITICISED
Old Man Claims Designing Per
sons Seek His Property-Wants
Case Dismissed.


case set for trial John K Sumner yes
terday asked for the dismissal of the
suit to declare him insane.
Sumner attesting to his own sanity
which is borne out by affidavits from
dozen other influential citizens of
Honolulu, makes number of charges
attacking the petitioner who is alleged
to be herself incapable of managing
that he is being made the victim of
designing persons who wish TO secure
possession of his property.
|. The petition of intervention fled by
Sumner asks that the suit be dismissed
on the ground that it was instituted
without notice to him, without his con-
sent or knowledge and upon false state
ments. He alleges further that the or
der declaring Maria s. Davis his next
friend" was signed inadvertently un-
der the belief that it was necessary for
the protection of his property An
affidavit by John K. Sumner accom-
panies this petition in which it is set
out that the order was served upon
him at midnight. Maria S. Davis says
into my business and assumes the right
to regulate and control my property
interests in the Territory of Hawaii Is
my sister but not my next friend, nor
has she any authority to act for me.
| She is a pure volunteer in matters ex-
clusively within my own control and
her sole motive is to compel me through
unfounded and vexatious court pro-
ceedings, to give her and those asso-
ciated with her, such portion of the
accumulation of my own care and in
dustry and attention to business as she
and they may choose to dictate
Sumner further alleges that in 1898
a similar proceeding was brought by
Maria S. Davis which was settled by
the payment to her attorneys of the
sum of $4,000 as we'll as other amounts
to her. and that she then signed a pa
per which 81 have been unable to find,
in which she definitely agreed not to
annoy and harass me again in the same
manner, and to make no further at
tempts to have herself appointed my
guardian or next friend"
| Sumner further says: 81 am eighty
years of age, but sound in body and
mind and perfectly competent to at
tend to my own business and to manage
my own property. Maria S. Davis is
| incompetent to attend to my affairs or
| to her own, and acts only under the
| influence or compulsion of other per-
| sons, including particularly her son, r.
M. Davis. 1 am known to hundreds
of persons in Honolulu, both socially
and in business transactions all of
whom are aware that a charge of in
competency or insanity against me is
prepOsterous."
| It is then set out that negotiations
! for a compromise with the Oahu Rail-
way Co. over the option to the Sumner
lands have been blocked by this pro-
that the guardianship matter may be
brought to a speedy conclusion. 1t is
set out that defendant has been subject
to much annoyance and inconvenience
by the order granting an injunction,
which did not even exact bond from
the complainant, and he has been ar
bitrarily deprived of the exercise of his
own will and management of his prop
erty being virtually deprived of the
property itself.
Mr.. Sumner further says that Maria
S. Davis is pecuniarily irresponsible and
has not herself the intelligence or bust
ness knowledge to devise such suit,
and has acted solely under the direc-
ton and control of other parties, in
Guiding her son"
1t is further alleged that respondent
is extremely DESTROYS of appearing in
person in court with said Maria S.
Davis and there to let it be determined
as to who is qualified to act in his be-
| half.
Sumner further says that he was pro-
foundry ignorant of the scheme, 'and
so far as I am concerned, they were
surreptituously brought to force me, as
before, to submit to dictation and to
pay money OF these facts 1 have no
doubt whatever"
Denial is made of the specific charges
of insanity and it is further set out
that the property upon which Oahu
Railway Co. has an option is not worth
more than 100000 there being a ques-
ton as 10 title TO OHe-HdlI, 10 WHICH
the estate of j. + Dowsett makes claim.
Respondent further claims that under
the Constitution and Organic Act he is
entitled to the ownership of his prop
erty and to be allowed TO transact his
business, and that such right cannot be
legally taken away without notice or
opportunity to protect himself.
The notice to dimiss the suit will be
presented to Judge Robinson Monday
morning, it being claimed that the suit
was instituted without his knowledge
or consent and that the order declaring
him insane was made without jurisdic-
ton and inadvertently.
1t is set out that the midnight order
of Judge Gear was substantially the
confiscation of his property, real and
personal, and the suspension Of all and