The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1902-09-30
DAVIS AND
The JUDGE
Dispute Between
Attorney and
Court.
THE SUMNER CASE
CAUSES TROUBLE
George Davis Makes Wild Threats
and Is Called Down by
Judge Robinson.

Judge Robinson began the hearing of
the petition of Maria S. Davis to de-
clare John K. Sumner insane and in
competent yesterday, and though thet
trial proceeded for nearly three hours
hardly an atom of admissible evidence
was adduced. George Davis was at his
best and he let slip no opportunity to
work in a few of his spread eagle
speeches, though Henry Highton ap-
peared to have but little difficulty in
clipping his wings when occasion de-
manded The session ended suddenly
with an abrupt adjournment by Judge
Robinson which cut off a heated argu-
ment between the court and Davis, and
which If it had proceeded few minutes
longer might have resulted in cita
ton of the excitable attorney for con-
tempt. In fact Davis invited jail sem
tence by saying that even the fear
of RESTRAINT of his personal liberty would
not prevent a continuance of his tao
| tics
| From the beginning the opposing
counsel were engaged in a war of
words, which rendered Davis more and
more excitable, while Highton as cool
and slow of speech as at the beginning
egged the younger attorney on until the
courts patience gave away, and adj
journment was finally taken until this
morning at ten o'clock.
In opening the case Davis said that
he would prove Sumner to be insane
and unable to manage his own business
by competent witnesses, and further
| that the Supreme Court reversal of
Judge Perry's decree declaring Sumner
to be non compos mentis was the re-
result of an agreement between the
attorneys, Sumner having made
Bishop Ropert his trustee on this
condition. Davis further said that he
did not desire to have Maria S. Davis
appointed guardian, but that is the
nearest relative, and Summers heir at
law and necessarily the most interested
| in the preservation of his estate. Bish-
|
said, would be acceptable as guardian,
but man like Sumner who had several
| times decided his property away, was
not fit to have the control of such a
large estate.
| Bruce Cartwright was called and said
he had acted as business agent for Sum-
ner for a time, but was unable to relate
any specific instances of defendants
mental incapacity. The right of Davis
to go into the acts of Sumner prior to
the adjudication of the Supreme Court
was established, over the objection of
Highton.
John K. Sumner was next called to
the stand and asked to identify a power
of attorney given to M. F. Crandall.
He denied having signed the document,
which later proved to be only copy
and was ruled out He admitted the
lsigning of the original however, though
r. w. Davis who was called to the
stand to rebut the testimony said that
| both signatures were by his uncle.
Next was introduced an agreement
1 given to Crandall which had been re-
voked by Sumner, he writing upon the
( back that he had no recollection of ever
| having signed the instrument. Highton
! objected to the admission of the docu-
ment and it was ruled out, and he ad-
vised Davis to go about the proof in
| the proper way. Davis became angered
at the remark and said that he intend
ed to conduct his case as he pleased
without the advice of other counsel and
added that he would do so even at the
sacrifice of his personal liberty. He
finally threatened that he would take
the case to the Supreme Court on the
refusal to admit the document, or would
ask to have the case reassigned.
Il have the right to go to the SUI
preme Court when the court rejects
testimony like this and ask for writ
| of mandamus to compel your Honor to
allow it to go in" said Davis to the
court.
| Judge Robinson sustained the objec-
ton to the question asked Mr.. Sumner
but Davis insisted that he would ask
it anyway. He attempted to do so but
was stopped by Judge Robinson and
finally yelled at the top of his voice:
1.-The court is overruling every question
1 ask
There is proper and an improper
way to prove this replied Judge Rob-
inson also angrily.
Il know how to conduct this case and
intend to do it as 1 see fit," retorted
Davis in a still louder voice.
And L propose to pass upon the adj
| instability of the evidence you offer
and rule out what is improper. You can
offer what you want but am the judge
of what is proper
Davis began to answer but was cut off
by the abrupt adjournment of court.
The trial will probably occupy the re-
mainder of the week at the rate the
evidence was presented yesterday.
THE BRASCH CASE.
The matter of the Braseh Estate in