Evening bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1895-1912, 1903-07-24


RCpert, GA the 18th day Of September,
1898. he had been made trustee for
said John X Sumner Of certain prop.
erty IN said deed referred to and de.
sCribGd, for the uses and purposes
therein described: and setting forth
that the aum of FOrty.eight Thou.
sand HS.CnD Dollars belonging to
said Trust was now in the hands OF
Bishop a Company, Bankers, OF HO
n,!ulu; ami Gaid ROpert as such Trus.
tee. prayed that he be relieved and
discharged from said trust, and that
another person be appointed as such
tlustee in his place. That Complain.
ant charges that the Forty.eight Thou.
sand (IS.UU0J Dollars mentioned in
Saiu petition was the same money
w!,!ch said John X. Sumner had. by
Davis as aforesaid; and that the wal.
ly Davis" mentioned as defendant in
said petition of Gulstan +. Ropert, Is
the X. w. Davis mentioned as Trus.
tee in the deed aforesaid.
VII.
That thereafter and on or about the
Bird day Of November. 1902. said J. a
/ Magoon. appearing Tor Maria S. Davis
John X Sumner and X. w. Davis, FLED
/ dcmurrcrs to said petition. one Of the
causes Of said demurrer being that
| there was a misjoinder Of parties de.
PENDANT: that thereafter and before
the argument of said demurrer, said
j. 4. MagOon called upon T. MCCants
Stewart, Esq, attorney for sand Gul.
ston +. ROpert, and represented to
him, the said Stewart, that said Il. w.
Davis. or "Wally" Davis. was not a
proper party defendant to said suit as
ne had no interest in the funds under
dispute, although said J. A. Magoon
well knew at this time that said Il. w.
Davis. or "Wally" Davis. was the nee
essary and proper party 10 said suit
said j. a. Magoon having drawn and
having had executed, by the said John
X. Sumner, the trust deed to the said
X. W. Davis as Aforesaid, which said
trust deed was at this time in the pos.
session and under the control of said
J. A. Magoon, and that the same was
In full force and effect.
That said Stewart. believing the
representations of said J. A. Magoon,
filed an amended petition. emitting the
name Of said X. w. Davis, or "Wally"
Davis, as party defendant, from the
record. That by his said action said
A. MagoOn was guilty Of gross pro-
fcssionGl misconduct and improperly
and perpetrated a fraud upon the
Court and upon opposing counsel.
, VIII.
That thereafter and between the
18th day OF December. 1902, and the
18th day OF January 1903, the said aC.
ton OF ROpert, as Trustee vs.. Sumner
ct al. was on trial before the Honor.
able J. T. De Bolt, First Judge of the
Circuit Court of the First Circuit, and
throughout said action said J. A. Ma.
COON appeared as attorney Tor Maria
5. Davis and John X. Sumner: that at
no time during the p"ndency Of said
suit did the said j. A. MGgoon inform
or intimate to the Court that the said
X. ". Davis was a proper or neces.
sary party to the determination of the
said suit, or the holder Of trust deed
wherein and whereby all the funds OF
John X. Sumner, in dispute In said
case, were held by him, the said X. w.
Davis, in trust; and complainant
charges that said J. A. Magoon. by
his conduct therein, was guilty of
great improperly and practiced a
fraud upon the Court for the purpose
OF defeating the end OF justice.
TX.
That thereafter, and on or about
the 26th day Of January. 1903, the
aforesaid trust deed OF John X. Sum.
ner to X. w. Davis was cancelled and
destroyed, and the same never having
been recorded, complainant Is unable
tC produce the same.
Y.
That on or about the 18th day OF
January, A. ID. 1903, by decree OF the
Honorable ]. T. De Bolt. First Judge
OF the First Circuit Court of the
Territory of Hawaii, the said trust
deed to Gulstan +. Ropert was can.
cellcd, and the said sum Of Forty
eight Thousand and twenty-five as.