The Hawaiian gazette., 1903-01-16
SUMNER IS
STILL SHY
Davis Tries to Get
Money But
Fails.
(Ftom Thursdays aaiiy)

lfvom Tnufooeye oAuyD
George Davis made another unsuc-
ceasfui attempt yesterday to get John
X. Summers money out Of court. He
Sled motion to enforce the decree
already signed. and argued for nearly
a. hour to have Judge De Bolt order
the Immediate payment Of the Sls.o1S in
spite Of the appeal. Mr.. Peters present.
- the aaal argument. and in his plea
the oourt stated that there WA some
merit. ana offered to grant further time
for presentation Of authorities. with the
rea.ark that the case should have been
better prepared. This angered Davis.
aaa he refused to 60 on with the case
and Judge De Bolt denied the motion.
There was also an offer from Hum
phreys to allow withdrawal OF the
money upon giving q bond in the sum
Ct 49, 900. with Magoon as surety. but
the offer was withdrawn when It ap-
peared that there would be an accept
ance.
II his motion Davis says:
And now comes the defendant. John
X. summer and moves the first Judge
Of the circuit court OF the First judicial
circuit Of the Territory Of Hawaii. sit
ting In chambers In equity. to enforce
the decree entered up in this suit. not
wtthstandins tho appeal flied By the
defendants. Victoria Ellis Bu1andeau,
William 8. Bliis. and John 8. Ellis. by
directing the clerk OF this court to inn
nediateiy pay over to the defendant.
John X. Sumner. the sum Of t4S.o2s %
ordered and decreed to be paid to him
il aad By said decree. forthwith, and
said defendant. John X. Sumner. moves
for such other and further order a. in
equity and Justice he may be entitled
to under and By virtue OF the findings
made ana decree 20 entered up In this
suit"
An objection to . hearing because
"a hours notice had not been given
Mumphreys was overruied by the court,
a. vas also Q similar objection to the
intesiineations and erasures in the mo-
tioa.
Davis contended In his argument that
the order should be carried out unless
there was a stay of execution for good
and sufficient cause. and no stay had
beea asked. He contended further that
the appeal did not stay execution. and
no reason was shown why Mr.. Sumner
should not be paid his money.
Judge Humphreys replied. quoting
one Of Davis's cases as having a nota-
ton on the margin showing 1t to have
been reversed. He said that IL the Ell
Uses had had possession of the money
the court would have made an order,
either to have 1t paid into the court or
to give supersedeas bond on appeal.
As the money was in the hands of the
court no loss could result to Sumner.
While he admitted that in the case Ct
Sumner. the tieing up of the money on
a $50. 900 bond worked great hardship,
yet the rule was good one, and per-
mitted appeals by people without
means.
Humphreys said he was willing to
have the money withdrawn IL Sumner
would furnish bond in the sum Of
$4,000. with ]. Alfred Magoon as Sc.
curity.
Peters replied briefly to the argument,
stating a point which was looked upon
with favor by the court. namely. that
the Ellises did not stand In the same
position as the appellant. defendant or
plaintiff in the cases cited by Hum
phreys. being co-defendants with Sum-
ner. He contended that In this relation
they could not tie up the judgment by
appeal.
Judge De Bolt stated that lie was
much impressed with the argument.
and asked Mr.. Peters for authorities.
The latter replied that he hai not had
time to look them up yet. having Just
received notice OF the appeal at II
e'ciock. and asked that the matter be
postponed.
Here Davis interrupted and said that
Ne had looked up the matter ful'y. bad
been ~ tusy that he was unable 10 get
time for lunch The court mildly sus-
sested that the preparation had not
been complete; whsreat, the attorney
became snsrlsr than ever and threat
ssed 10 drop the matter entirely, saying
be would not waste any more time on
H. Judge dc bol, thsrsupon denied the
nation. sAElnx that tbs Authoaties had