The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1903-01-03


and their attorneys $1,000" added tn
court.
Yes, I paid all of them," replied tn
witness.
In reply to a question of the court
the witness stated that he had takei
the $500 paid to Mr.. Highton as a re
tainer. from his own private funds
The attorneys concluded their examin
alton of Sumner though Humphrey:
! stated that he intended to call the ole
! man to the stand later. Judge De Boil
I however began an examination of the
| defendant on his own account, which
laid bare many interesting facts.
did the will cancelled by you make
some provision for the Catholic
/ church?' asked the court.
Eyes, it gave the church one-fourth
of my property"
when you made this will by which
the Bishop was to receive certain prop
erty, was there any consideration bind
ing you to any promise, or was it mere
ly your own deSire?"
1.-The Bishop was satisfied with &c.,
600 and each of the Ellis children and
Maria were to get $4,000. The provision
in the will was made without any con-
sideration from the Bishop"
Now as to any other persons, were
you obliged to make the will, or was
there any considerations"
''It was all Of my own free will and
the Bishop when I told him he was to
get $4,000 consented, as he said it was
for the church,
Humphreys here admitted for the
Ellises that the deed and will was
made without any consideration. He
qualified this by stating that the an
of the Ell1iSaS tho UanatinU
of the decree of Judge Perry, declaring
Sumner non compos mentis, as a con-
sideration.
You have filed here a revocation of
the alleged trust deed" said the court,
eff the court should hold as a matter
of law that the trust is thereby ended,
do you want the sole and absolute con-
troll of all your property, free from all
persons
That's my wish, to return the money
to me-"
I call your attention to the fact that
you have $4,000 and other valuable
property. Do you believe you are capa-
BILE of managing this yourself, without
a trustee?"
MY gcod Judgment would lead me to
get good person to manage the prop
erty for me, I don't want everybody
coming in"
How would you like to have the
court appoint some suitable person, say
a man like w. o. Smith?'
81 am afraid would be placed in the |
same position again, want to say for
myself"
Then you don't want the assistance
of the court ?"
II want it SO I can get my money, |
without it being subject to any other |
Then you want the $3.50 absolutely
free from any trust?"
mo. 1 want the court or judge to
keep it until I get some proper person
TO manage it for me-
That's a good scheme" interrupted |
Davis.
THE court might go further and ask |
why he deposited the $4,000 subject to
some one else's o. K.' suggested Hum
pbreys.
1T is the intention and desire Of the
court that he gets absolute justice"
continued Judge De Bolt. 1.-THE court
calls attention to the fact that Mr..
Sumner sold his property for $4,000
and has only S4S,025 left, which shows
how the money slipped away, whether
or not 1 will not say. Mr..
Sumner does not seem to be able to ex-
plain satisfactorily where it went. Do
you feet capable Of taking possession of
$4,000 and not allow other persons to
get it away?"
II know that, but want this money
should go into the hands of some per-
son have in mind
would you like the court to appoint
this persona
Magoon objected to the witness stat
ng whom he had in mind, whereat a
significant smile passed between the
other attorneys, who were of the opin
on that the trustee was to be j. Alfred
Magoon. AS matter 70 fact how
ever, Sumner said afterwards that he
would not have Magoon for his trus-
zee, or to manage his property.
81 would like a few days to consider
he NATTER replied Sumner in re-
'ponse to the question Of the court.
Mr.. Humphreys then called attention
% the fact that Sumner said he had
,iven George Davis a white piece of
PAPER with which to get $4S,025, and
Davis turned up in court with a check
or the whole amount, which Sumner
epudiates, and when shown his sigma
ure would neither affirm or deny it.
udge De Bolt then directed the atten-
ion of the witness to the check trans
ction and Sumner replied:
II am not able to transact my own
BUSINESS, but 1 haven't found the right
nan for it yet. 1 would like to get a
nan like A J. Cartwright" Cart
wright now deceased was formerly
agent.
The plaintiff then attempted to Sc
ure an admission from the witness. to
consideration for making the trust =
eed. the question being asked as to
7hether the consideration was not the
dismissal of the old suit, wherein Judge
Jerry had declared him incapable Of
managing his own affairs. Sumner re-
lied that he had forgotten that, it was
90 long ago.
With this the plaintiff in the case
ested and Davis then renewed his mo-
ion to strike the name Of the Ellises
rom the records. He contended that {