Evening bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1895-1912, 1903-07-29
ATTORNEY MACON TESTIFIE,
Continued from Page 81


do it by burning; preferred to can
eel II by writing across the face of tho
will"
The Court asked respondent a host
o. questions in regard to his services
and the value he placed on these ser.
wees.
In Y. Ahin's suit for S2,70o against
Sumner. respondent thought $500 a
fair fee, such as any reputable attor.
Iey might charge. To take the mat.
ter through the Supreme Court and a
rc.trial about $500 would be reason.
able.
DO you ordinarily receive fee OF
$3.50 in assumpsit SUITS"
"Why. MIR. Schwetzcr paid a fee
ol $500 in a matter where less
amount than that in the Ahin case
vas involved. seldom go into the Su.
preme Court for less than $780,. some
cases might warrant a fee of 81 900"
Associate Justice Galbraith-"Didnt
you cancel your power Of attorney from
Sumner about the same time as the
cancellation OF the trust dCed'?'
mo, Your Honor"
In enumerating the various services
performed for Sumner, AIagoon said
he settled the matter of T. McCants
Stewards fee. Stewart also appeared
in the Ahin case. TO assist witness. or
witness to assist Stewart. He was not
sure what fee Stewart asked. lie
thought II was $3.50.
Here T. McCants Stewart who had
been sitting near the door. shifted his
chair across the floor to a position
near the Attorney General, meanwhile
keeping his eye on Magoon in the wit
ness box and contradicting the wit.
ness In an audible tone.
Witness said he Investigated Stew
arts bill and detailed numerous other
rorviCes, concluding with the state
ment, earnestly made, that his charge
to Sumner had been fair in every way
end that he wouldn't do the same work
again for the same amount. lie add
cd: Il will simply say right now that
for the Ropert.Sumner suit alone that
fee of $4,000 was n fair fee. | would
not take $1,000 for the same work
from any other man. II has nothing
To do with Geo. Davis fee. I worked
rs hard as II Davis was not in II at all
Davis went out and told Sumner he
could get that s4S.O2j for him, and ne
did all that was In his power for him,
Us did all that was in my power"
MagOOn admitted receiving $4,000
III former suit. lasting about ten
days. But that has nothing to do
with the services for which | received
5000" he said.
Answering further questions, wit.
N, SIS said: 1T Is true Sumner offered
ne 81 500 for my fee. He came to me
to talk about my fee. Up to that day
| never had said anything about my
fee. He asked me what ] wanted and
said ! would prefer to leave II 10
him. His offer OF 81 500 was a surprise
&c me- for thought he would offer me
more than $4,000. He never said a
word when | proposed $4,000, but that
i was all right, and he drew a check
for $1,000, the other $1,000 coming
ON cash brought back by Wyllie Da.
Wis. II was the most trying litigation
Ia which ! was ever engaged during all
my practice as an attorney. Sumner
relied on me as his attorney"
Associate Justice Perry recalled two
cases In which Magoon had appeared
on the side holding that Sumner was
insane. Magoon said he did not think
Sumner insane and could not even MY
absolutely that he was weak'minded.
In answer to Associate Justice Gal
braith witness said that $4,000 woulv
rot have been an unreasonable fee II
charge Sumner II Davis had done all
the work, certainly he did not gel
CLough.
You asked Sumner TO fix the fec
because you thought he would givH
you more than $i,OO0?" asked Asso
tciate Justice Galbraith.
Eyes, Your Honor" answered Ma
COON.
Magoon spoke at length on Sum
Ier's condition, saying he was firm II
sticking to u point but susceptible L
colored representations.
Attorney Lightfoot asked furtheI
questions to emphasize certain points
Further questions from the Cour
brought forth the statement from Ma
coon that he could not remember
whether he or Peters drew up thu
deed OF trust. He Jumped all serviCel
! when he named $4,000 as his fee.
A ntaln.ls IN gtthnNtI al