The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1903-07-07
OLD FACTS
Ne WHY TOLD
Disbarment. Trial
Makes Much
Progress.
(From Saturdays Daily.)


Yesterdays proceedings in the dis
barment case before the Supreme Court
were marked by few incidents which
relieved them somewhat of the monot-
ony of the offend told tale of meetings
In law offices to dispose OF John X.
Summers fortune.
One comical revelation was that of
an heir presumptive to the old mans
estate being 30 we'll satisfied with his
prospects. on the occasion of such q
conclave, that he dreamily gazed out
of the window oblivious to the reading
of a document which directed the pay
ment of ten thousand dollars to him.
and then signed letter OF acknowledge
ment without knowing but he thereby
assented to a sentence Of disinheritance
against himself.
| Other episodes of the day will be
| found in the condensed report below,
but special mention may be made of
the refusa! of the court to listen to n
statement foreign to the issues volun-
teered by George A. Davis the array
of witnesses to his good reputation by
Mr.. Humphreys, the same respondents
venture at having the Chief Justice
give evidence and. finally, the testify
ing of Mr.. Humphreys in his own be-
I half which was in progress when the
court adjourned till Monday morning.
AN HEIR PRESUMPTIvE.
John S. Ellis was the first witness
and occupied the stand more than half
the morning. Examined by Mr.. Thomp-
son he told of the meeting In Highton's
office when the sale to the o. r. & l..
Co. was effected, in substance as fol-
lows: Sumner said the Bishop was still
his trustee and then you said, "Chil-
dren, sign the deed" when you return
ed from George Davis's office you had,
besides the deed, the release from the
Davises; (shown letter from Highton
to Sumner and the. Elises) don't re-
member seeing that letter; DETER with
drawn and letter in reply shown yes.
that's my signature; (shown first let
ter AGAIN. I have seen a copy of that
letter before, in Highton's office; don't
remember receiving copy, it was read
to me by Highton Highton asked me
to sign reply; said it was only to clear
himself of the Matchmaking scheme of
the Davises; think he said this to Mrs
Buffandeau when she asked IL she
might show the letter to her husband
to but allowed by the COURT thought I
was signing a paper to clear Mr.. High
ton; never told you about this letter;
never told Humphreys.
A DAY DREAM.
Cross-examined by Attorney-General
Andrews: Don't understand English
very thoroughly; was educated in st.
Louis College; understood questions put
to me today; didn't understand any
part of Highton's letter; was not list
ening to it's reading, was looking out
of the window: at Hawaiian Hotel
meeting Highton told us we were sole
beneficiaries with the church under the
trust deed and will of Sumner; think
heard Highton say he would not darken
the door of George A. Davis: Hum
phreys, Thompson & Watson were re-
tanned to represent us in the railway
suit; they We're to receive fee of $4,000,
which was to be paid by my brother |
and sister and myself; Highton was to
receive $4,000, which we also undertook |
to pay; was receiving $50 a month as
salary in the band; had an income Of a
little over $1,000 year from quintette
work, band work, etc.
To Humphreys-Also received $50 a |
month from the Bishop as trustee for |
my uncle.
LAWYER BALLOU'S ADVICE.
May C. Ellis, Wife of William Sum-
ner Ellis, examined by Humphreys:
Had a great many conversations with
Sumner about beneficiaries under the
trust deed; he told me Ellises were the
beneficiaries. Had conversation about
ha
der guardianship but wanted to adopt
the three children; he took me to S. M.
Ballous office, and told Ballou about
the trust deed; Ballou wanted to see
the trust deed and asked me II / could
get it for him: went to the Bishop,
who said he didn't like to let the deed
out of his hands but would entrust 1t to
me. Ballou, on reading 1t, said the
trust deed could not be revoked unless
every heir mentioned In 1t signed con-
sent. This was in April, 1901, before
Sumner left for Tahiti; he wanted ev-
erything settled before he left saying
he didn't want to have any trouble
with Maria Davis during his absence.
Had a conversation with Sumner about
the time of the guardianship proceed
ings; he never said anything about you
as his attorney.
LOST CHORDS.
"Oh, yes, he did say something" the
suddenly recollected; zone day
during the guardianship proceedings |
went down to see Mrs. John S. Ellis,
and"-
"Was Sumner PRESENT."
mo"
Both sides checked the further mar
ration of the dialogue between the
Madames Ellis as incompetent to show
the workings of Summers mind.
QUITE ENOUGH.
Mrs John s. Ellis was called, when
the Acknowledgement wanted to know
what she was expected to prove. 1t
seemed to him that the evidence was
becoming merely cumulative. Hum ;
ohreys and Thompson agreed to with
Draw the witness II the prosecution
would admit that she would give evil
ience lcorroboratiye of that of her rela-
ives which was dona