The Hawaiian gazette., 1902-12-23
WAIT
FOR SUMNER
Case Is Continued
Until Next
Friday.

yesterday until Friday morning because
OF the Illness " Attorney J. \. Magoon.
and on that day another motion for
continuance viii be- submitted on behalf
OF Humphreys clients. the Ellis chill
dren. Yesterdays proceedings were
marked by the usual "qups and quid-
; dts OF lawyers and sumner seems a
long way yet from getting possession
of his $4,000. despite the assurances
and well-wlshes of his two branches of
relatives and the numerous attorneys
VINO are Interested in the case. Yes
terday there was proposition to re-
lieve Bishop Gulstan of the trusteeshp
because of his critical illness, and W.
.. Smith was agreed upon as his sue
cessor, though the attorneys are still
quarreliEg as TO the effect this sub
stitution would have upon the trust
deed. and quite incidentally the SIS, 900.
When the case was called up yester-
day morning before judge De Bolt l.. G.
Peters representinp Maria $. Davis.
asked for "a continuance because OF the
Illness of Mr.. Magoon who is associated
In the case, ard who desired to reply
to the accusations made by Humphreys,
against his personal integrity. Hum
phreys agreed t. the continuance on
) behalf of the Ellis children. but Davis
objected for the defendant. John x.
sumner, and asked for lmmediat e trial.
Davis proposed n settlement OF the case,
suggesting that Humphreys should
agree to the discharge of the Bishop
and the release OF the $4,000 as the
Glllses had already received 10000.
Humphreys offered to allow the dis
charge OF the Bishop If the remaining
counsel would agree to the appointment
Of a successor. Court adjourned until
afternoon to give counsel an oppor-
tunity to agree on this point.
i In the afternoon Davis offered to
stipulate that w. O. Smith be appoint
ed trustee to succeed the Bishop, but
with the provision that the suit be car
ried on as instituted. Humphreys OBJ
jected to this saying that Smith might
want TO discontinue the proceeding en-
tirely, and consent that Sumner have
the $4,000. Mr.. Davis said that the
Bishop would probably never be able
to- give his testimony and that he
wanted the case tried at once. Davis
related incidentally "A bet he had made
of 500 over the outcome of a habeas
corpus case which he had won from
Humphreys, but he had refused to ac-
cept the money. He agreed to have
W. o. Smith substituted as trustee and
said that II was not necessary to have
Mr.. Magoon present. es-he would get
his fees anyway. His partner, Mr..
Peters, Is here" continued Davis, land
VIII have to launch out into these high
er matters sooner or later, and might
. just as well do 1t now as any other
time. l was attorney of record in the
. Kamalo case and when / left for San
] 81,
from the record and went into the trial
, of the ease, but | got my rights any
way"
you are not going to California now,
are your" asked Judge De Bolt.
II doH't know, ! am going north as
p soon as | can get away, but never win
leave until the Sumner case is set
! tied"
, Humphreys said that there could he
no substitution Of trustee and still
p have the action carried on as at pres
emit while MIR. Smith is a pious man.
? he IL not reverend nor unGuy concerned
with spiritual affairs" said the attor-
ney, picking out further variances in
, the petition Of Bishop Gulstan. Judge
De Bolt asked how the case could be
| carried ON with n new trustee. If the
, same facts ceased to exist, TO which
Davis replied that there should be a
, stipulation to carry on the suit The
court stated that the matter of appoint
ment Of trustee should be approached
with great elaboration, and that the
new trustee might not take the same
position as that maintained by the Bish-
op. He said further that the matter
was too badly mixed up for an imme-
date hearing.
Mr.. Peters then renewed his motion
FOR "A continuance saying that Mr. Ma
COON should be given a chance to de-
fend himself from the charges brought
against him. He said Magoon had his
reputation to care for, as well as his
right to future practice, and the mat
ter should not be lightly dealt with.
Peters charged Davis with wanting to
go ahead OF his own accord, while II
circumstances had been reversed he
would have been the first to ask for a
chance TO defend his reputation Davis
replied that II there was anything
scandalous In the answer of Humphreys
the court would strike II out of It's own
motion and that no trouble would fol-
low the allegations concerning Mr. Ma
COON as they were but "VeTblage."
Judge DE Bolt set the hearing for Fri
day morning at ten o'clock saying that
the case would have 10 proceed al that
time, unless very good reason for n
continuance was given, Just as court
adjourned Humphreys attempted 10
serve upon Peters his motion for "A sec
ond continuance, but the service was
refused This Is the motion on behalf
of the ELLIS heirs setting out their alb
senca from the Territory, ana the ill.,
ness OF llahop iulsIan, Davis predict
ed after the adjournment of court that
II would take two years to finally dis
pose ut The case.
7 In tho singular failure Of the old
Windows NJ YORK Cathedral the glass
has lost most 0f It's transparency ana
In places has become 90 perforated
that ID oumbles al The slightest touch