Evening bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1895-1912, 1903-02-27
INVESTIGATE
CONDUCT oE
ATTORNEYS


Humphreys, Thompson & Watson, at
torneys for Victoria s. Buffandeau, w.
s. Ellis and J. s. Ellis. have filed an
affidavit of their clients in the mat
ter OF Trustee VS.. Sumner, stating in
note to j. A. Magoon and Geo. A. Davis,
attorneys for John X. Sumner, that It
Is their intention to request the SUI
preme Court to investigate the con-
duct of the attorneys engaged on either
side of the cause"
The affidavit relates the history of
the trust deed of September II, 1898,
| by Sumner to the late Bishop Ropert
and the sale of land to the o. II. e. l..
Co., and in recounting evidence In sup
port of the statements says 1t is not
contradicted by any witness but Sum-
ner, whose testimony is so vague, un
certain, evasive, doubtful. inconsistent
and contradictory as to be Of little, II
any, probative force.
1t is alleged that II. w. Davis Is in
terested in the $4,000 of Summers
money over which the controversy is
being conducted and that the fact was
concealed by Sumner and Davis at the
trial. On October 81, 1902, IL is de-
clared that Sumner made trust deed
OF all of his property in the Hawaiian
Islands, including the $4,000 less $685.
900, to X. w. Davis, but the deed was
never recorded and atlantis had no
knowledge of It until after the trial.
They state they were misled regarding
the matter by Davis, Sumner and J. A.
Magoon, the last-named of whom pre-
pared the deed and was Summers at
torney on the trial and is such now.
The knowledge OF such a deed came
to Mr.. Humphreys casually and he
verified its existence by an inspection
of the notarial docket of p. Il. Bur-
nette, notary public. Mr.. Brunette in
formed Mr.. Magoon that, Mr.. Hum.
phreys had seen the document, where.
upon Mr.. Magoon, II Is stated. prepared
without delay and Sumner executed
what purported to be a cancellation OF
the trust deed to r. w. Davis and this
was acknowledged before Notary Bur
nette.
Atlantis deny that they are respons-
ible for prolonging the case. saying
they were always ready and willing to
promote the convenience and pleasure
of Sumner until they discovered that
the age, inirmities and non-residenco
Of said Sumner were being craftily en-
ployed to arouse public prejudice
against them, and to appeal to their
own chivalry, to give said X. w. Davis
commonly Galley WalIy Davis, and
George A. Davis and J. A. Magoon,
whom atlantis aver upon information
and belief are in fact the real and hos
tile appeals herein, "a speedy hearing
of this cause"
They deny that they had anything to
do with the instigation of the suit by
the late Bishop Ropert, trustee but al
lege that all proposals for compro-
mise of this case have come from the
legal gentlemen who have lately iden-
tife their interest with said Sumner,
having first sold their consent to an
adjudication Of his sanitary so that
plenty might leap to laughing life with
her redundant horn, the last proposal
for compromise having been made
by George A. Davis within the past ten
days"
Atlantis admit that Sumner is en-
titled to the income Of the $4,000 and
express their consent that the clerk OF
court be authorized to pay Summers
taxes and water rates, also a mortgage
referred TO in his affidavit, out of said
moneys.
"All things considered" they say An
ally, "afiants pray that the motion 10
advance this cause on the calendar
herein be denied"