The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1903-07-30

Davis accepted. The respondent had
pleaded the great amount of work
he had performed. and reminded Sum-
ner that the latter now had his money.
Asked if Davis was engaged by his
uncle or himself in the Ropert-Sum-
ner suit, witness said the only time
he knew was when Davis came with
the paper and offered to obtain the
money.
Cross-examined Identifies power
OF attorney; says it was read to Sum-
ner; question for identifying the re-
mains of Sumner-Davis trust deed was
after argument disallowed as not
proper cross-examination.
MUST COME AGAIN.
The respondent said then he would
have to put the witness on for him
self, as he was bound to get out the
truth, the whole truth and nothing but
the truth.
Witness said his mother had an in
terview with the respondent at the
house of Mrs. King; his mother sent
for Mr.. Davis; witness was not pres
ent at the interview.
He denied that he told the respon-
dent they were in reduced circum-
stances and his mother had but two
dresses to her back. Pressed for a
direct answer to a question as to how
his mother was supported before she
received the $4,000. he said he sup
ported her "at some tines He adj
mitted that the respondent was en-
gagged by his mother and himself and
obtained $4,000 for them in the sale
of land to the Q. r. & L. Co.
THE NoTARY's STORY.
P. II. Brunette, notary public, sworn:
Dec. l, 1902, went to Summers house at
Kalihi; had been asked by r. w. Da-
Wis to go there with his seal: Geo. A
Davis was there and took from his
pocket a special power Of attorney.
which he read to Sumner and r. w.
Davis, both OF whom said they I'M
derstood it, and Summer signed it. The
respondent had told them it was nee
essary to have the papers for him
to recover Summers money.
Cross-examined-You &C. A. Davis
did tell them YOU would bring suit
against the bank if the money was not
paid; you read it over carefully to
Sumner. and he freely and voluntarily
acknowledged it in my presence; do
not remember that you said the litiga-
ton would take a long time; there
was so much litigation I would have
paid no attention to such a statement
if made.
THE OLD GENTLEMAN
John K. Sumner was sworn and ask
ed by the Attorney General about con-
versations between himself and his
sister, Mrs. Maria S. Davis.
Respondent objected to such examin- |
alton under the rules of professional |
etiquette and privilege. He quoted law |
on the point. The witness could not |
ha ell cd Oh tn, NIT y,
client about a settlement |
OF a suit when respondent was not |
present at the conversation. To the |
Chief Justices inquiry if respondent |
had written authority, Mr. Davis said
the parties having signed the deed |
were estopped from Directing to the
The Court disallowed the objection.
Witness testified he was the first to
suggest the settlement of the railway
suit.
Mr.. Davis moved to strike out the
testimony on this subject.
The Attorney-General argued that
he testimony was competent as show
ng that Mr.. Sumner himself originated
he settlement that this man. claimed
he credit of obtaining.
This gentleman, if you please" Mr..
Davis interrupted and claimed protec- !
on from the Court against being spok-
n about as he had been.
Mr.. Andrews compounded the affront
n the appellation of the respondent,
which the Court ruled was respectful
The motion was denied. G
Witness said respondent came to his e
ouse a night and told him he could
ct the money in the morning. AMI if I
he bank refused to deliver the s4s,025
e would sue the bank Witness told {
i'm If he got him the money he would 2
ay him the $4,000.
DECLARATION OF APPEAL.
Nothing that is new was further o
icited from the witness, but on a re-
Gated overruling of the respondents
Elections Mr.. Davis said:
Il object TO the ruling of Your
onors. And I submit that this Court =
as no Jurisdiction TO go on with this
lse." Here he quoted from the statute | =
attorneys and proceeded: Il submit g
lat the statute has not been followed,
lat no complaint has been filed =
-ainst me. that the place for making
iese charges is in the Circuit Court. =
here the cause of action originated. | =
urther. that. as an attorney Of the
nited States courts. this Court has no
ght to interfere with my practice 81
lis Court is an appellate court and mas W
original jurisdiction IN
The Court overruled the objections, II
hen the respondent said: II