The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1903-01-09
evidence
IN SUMNER
CASE IS IN
Old Man Again on
the Witness
Stand.
Says Ills Kin Should
Be Ashamed of
Themselves.
Tells About His Affairs in Tahiti
and Denies Statements
Of EIliseS.

concluded yesterday afternoon and the
arguments will be had today, so that a
decision as to the disposition of the
trust deed and the $4,000 is not i'm
possible this afternoon.
Both sides agreed to waive argu-
ments, but the attorneys backed out of
their proposals and the trial will be
resumed the first thing this morning.
John K. Sumner was on the stand for
the greater part of the day, and he en-
joyed himself immensely. He had had
three days rest and was recovered
from his indisposition. His appearance
was somewhat of a surprise but the
old man was as gay and clipper as a
man forty years his junior, and didn't
mind the questioning a bit He testi-
fed in English and made a better wit
ness than when the questions were in
terpreted into Hawaiian.
Henry E. Highton was the first wit
ness called in the morning by Magoon,
who wanted to contradict by him the
testimony of the Ellises concerning
transactions in his office. Mr.. Highton
stated, however, that he was attorney
for both the Ellises and Sumner, and
claimed exemption on the plea of privi-
legged communication. Mr.. Highton
suggested that there was a different
construction of the relations between
attorneys and clients in Hawaii than
where he had practiced, to which Hum
phreys objected, as insulting to the
members of the Hawaiian bar, but
Judge De Bolt said he did not consider
the remark Objectionable. Frank Mer-
Ram, Deputy Registrar of Convey
ances, was called and read over the
original lease of the reef lands to the
Oahu Railway.
John K. Sumner was then called to
the stand by Humphreys, and a series
of questions asked him concerning his
property in Tahiti. Sumner said he
owned about five hundred acres on the
island and raised cattle, vanilla beans
and oranges. He said he raised fifty
pounds of vanilla beans a year, more
or less.
How much do you get for your va
nilla?" asked Humphreys, about fif-
teen dollars pound?"
mo, about two and a half, Chilean
money!
How much is that?"
1.-TWO and a half in Chilean money
is one dollar in French gold" The an
swer was satisfactory to Humphreys,
who said that France was on a gold
standard.
Il don't know how many cattle have
there" replied Sumner in answer to
a question, "some scalawag sold them
all while was away. Maybe I have
a hundred now" The witness was ex-
cused without cross-examination, fur
Their questioning as to his Tahiti prop
erty not being allowed by the court, but
he was Immediately recalled by Magoon
in rebuttal Sumner then told in detail
the story of the first meeting in High
toms office where the Cathcart trust
was proposed.
Mr.. Humphreys came there because
1 employed him and Thompson and
Highton," said the witness, they all
talked with Cathcart about the $780,
600. Mr.. Cathcart wanted to use the
money in speculation or something, and
was to get $75 a month to carry on the
business. Humphreys said that was
too much, and asked him if he had any
bond. He said he didn't have any bond
and Humphreys said he was no good,
you leave me out Then they said
something about the $4,000 and guar
dianship and Humphreys wanted me
put under guardianship. I didn't like
that and I went out. The next morn
ing 1 met Humphreys and he spoke to
me. but told him I wouldn't have
anything to do with him and to get out
of my way"
Did you agree to put $4,000 in trust
for the I1llises?"
mo" very emphatically. What do
want to do that for. and let them get
my money? That would be foolish in
rre. never dreamed of that I didn't
want TO rob and cheat myself"