The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1903-01-06
MACON AND
THE BISHOP
Attorney Tried to
Contradict
Him.
PRIESTS COULD
NOT TESTIFY
Court Would Not Allow Dead Pre-
Iats's Sworn Answer Brought
Into Question.


torney Magoon was the only event of
interest in the Sumner case yesterday,
excepting, perhaps, the testimony of
Mr.. Magoon himself.
Fathers Valentin and Matthias were
summoned as witnesses for Mr.. Sum-
ner, but there was immediate objection
when Mr. Magoon began asking ques-
| lions of Father Valentin which were
in contradiction to some Of the state
ments made in the bill of complaint
sworn to by Bishop Gulstan.
Father Valentin said he knew the
Bishop was trustee for John K. Sum-
ner, but when he was asked if the Bish-
op had made any statement to him re-
| garding the termination Of the trust
Humphreys objected to the question,
saying he had been anxious to bring
the Bishop into court and Magoon had
then objected.
''I want to show by this witness, I"
said Magoon, that the Bishop consid-
| cred the payment of $4,000 to the
church as a termination Of the
trust. It is a declaration against in
| terest, and as such admissible"
'It.is an outrage" said Humphreys,
''to bring these two fathers here to at
tempt to perpetuate a falsehood, which
Mr.. Magoon is trying to do. The
Bishop, in his sworn complaint, says
| that he expressly understood that the
| $4,000 was still subject to the trust,
and it is unseemly to attack this now"
There were other statements con-
| corning the action of Magoon, and
Judge De Bolt ruled that the evidence
of Father Valentin could not be intro
duced on that point. Magoon explained
that perhaps the Bishop did not know
what he had signed.
Father Valentin testified to a con-
versation with Willie Ellis, in which
| he said he intended to tie up the
money He said also that the Bishop
was very glad to get rid of the trust,
Father Matthias testified to advising
the Bishop to get rid of the trusteeship,
| and that he was glad when he had done
so. This answer was also stricken out.
J. Alfred Magoon then took the
stand. He told of going to the Catho-
lie mission and getting the money and
will. The Bishop balanced his ac-
| counts and the $4S,025 was what re-
| manned. The will had been handed
| to Magoon and he cancelled it by writ
ing across the face, This will is here
by cancelled" Magoon admitted he
had deposited the money with Bishop
& Co. so that his 20. K" was necessary
to withdraw It.
Humphreys conducted the cross-ex-
| animation of Mr.. Magoon, but the wit
ness bore the ordeal well. He explain
ed that he had simply put the money
| on deposit as had been done to pro-
tect Mr.. Sumner, and for no other pur-
pose. All that was required, he said,
was his initials, j. A. NJ" in one cor
ner of the check, and this arrangement
had been made with the receiving tel
Ter. Magoon admitted that he had
been adverse to Sumner for some time,
but the court would not allow testi-
mony on that point Witness also tes-
titled that Sumner did not agree in the
arrangements regarding the deposits,
but he had done it because the old
| checks, and to keep other people from
taking advantage of him.
Humphreys asked Magoon in detail
about the destruction of the will and,
after much questioning, the informa-
ton was brought out that Magoon had
partial copy of it, which he said was
obtained from Henry Highton.
The will was introduced, but has not
been read. 1t provides: First, that the
land at KOolaupoko should go to Maria
and Wyllie Davis; and, second, that
one-fourth of Summers property should
go to the Catcholic church and for the
support of st. Louis College. The re-
mainder was to remain in the hands of
the Bishop in trust for the Ellises,
they to receive only the income, in
equal parts. If any of them died. the
share was to be paid to the remaining
children; and in the event of their
death, to the nearest blood relation of
John K. Sumner. In case any of the
Ellis children became insolvent. or
bankrupt, the income was to be used
for the rn11rchase of nlnthinp and for