The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1903-07-28
ROPERT
WAS TIRED
T. McCANTS STEWART AND SUM
NER TESTIFY IN THE MACON
CASE.

COON disbarment case, to prove that
Magoon, as alleged by the attorney
general, had failed to inform HIM os
Summers trust deed to Wyllie Davis,
out of the list of defendants in the ac-
tion of Ropert against Sumner Stew
art said that as far as he could recol-
lect he had never heard of the trust
deed until it's existence was brought
out by Judge Humphreys in the Circuit
Court. He remarked that he was in
different about such, it being only in
terested i'm getting rid of the trust for
Ropert, who had found the duties of
trustee for Sumner very burdensome.
on cross examination Magoon asked
Stewart if he meant to say that he was
Indifferent as to Whether there was a
trust deed to Davis or not. Stewart
said that his statement might be taken
that way, but what he wanted to say
was that the only thing he did care
about i'm the matter was getting a dis
charge for Ropert. The differences of
the conflicting parties did not concern
him.
John X. Sumner was called to the
stand. The old man asked for an inter-
prefer and Charles L. Hopkins oficiat
ed His testimony was in substance as
follows
Paid Magoon $4,000 offered him 81
500 for his services, put Magoon told me
he had done considerable services, and
there was the case of All In pending
and he said he ought to receive more
considering all the work yet to be done.
All In case is not yet settled. At the
time of the Ropert suit was living with
Maria (Mrs. Davis), after that I left
her place. Victoria advanced me $500;
Magoon did not give me any money. 1
10
$4,000 have not the receipt with me.
(Mr. Andrews requests him to bring it,
1t was here admitted by respondent
that witness paid George A. Davis ST.
500 as associate counsel in Ropert VS.
Sumner.
Cross-examined-Mo for my sup
port came from Maria; she got $4,000
from Davis &c. A.. Do not know that
she used all that money up. Did not
know that the money for my support
| came from you (Magoon) through Ma
ria Davis. l am satisfied with the S4,-
900 I paid you; 1 told Mr.. Andrews l
was satisfied.
Justice Perry-Why did you offer Mr..
Magoon $4,000?
Witness-That was the fee that | Of
| fered you (Magoon) first.
Justice Perry-Why didn't you offer
him more?
Witness-Mr. Magoon told me after
ward about all thu work he had done
and was doing for me. Answering the
respondent, witness credited Magoon
with getting the money out of the bank
for him.
Attorney General-You generally pay
| lawyers what they ask you?
Magoon objected and after slight ar
gument the question was withdrawn.
% ~
Magoon $4,000 and George A. Davis on
ly $4,000.
| Witness-I was afraid that if I re-
fused they might bring a suit against
me.
| Chief Justice Frear-What did you
offer Magoon 50, 500 for, the services in
the Ropert case or all these othersE
Witness-For all of his services.
! To Justice Perry first made the Of
fer of $1,000. Don't know when George
a. Davis came into the case my attor-
neys may have asked him to come in;
no, l did not ask him to represent me
To Magoon-In the event you were
not satisfied with what l offered you,
did not know what you might do tC
me.
| Q.-You were afraid that if you did
rot pay me $4,000 l would sue you?
Ayes.
Odd not tell you that if you were
not perfectly satisfied you should say
so?
Al had suggested to you $25OO be,
fore that.
Q.-On my suggestion that you Should
pay me $4,000 you said you were per.
fectly satisfied, is not that so?
Al felt within me that the sum Of
$4,000 was too much, though l didn't say
so.
Q.-But you did say that you were
perfectly satisfied?
Al merely said that as an excuse
because I did not know what might MOI
be done to me.
Odd you not refuse to pay Mr.
Davis the sum of S2506?
Al didn't refuse because he haC
done services the same as you.
Odd you not pay Davis all h,
asked?
Al offered Mr.. Davis $500 for hi
services but he refused to accept $500
He wanted $500 Davis said if l di,
not pay $2500 he would stop the pay
ment of money out of the bank.
| $50 you can refuse to pay none!
when you want to.
Ayes, l refused to pay him NOR
than $500.
Q.-You stood on that refused for
long time?
Al came away with Wyllie Davi
and on the road l suggested to him tina
was afraid and that | had better Civ
George Davis $500 more.
Q.-What was the difference between
my services at $500 and Davis at 81,
500.
All l had offered you $4,000 yo
probably would not have accepted il
you would probably have wanted more
1 told the Attorney General l paid tn
money because I did not want an,
lawsuit. It would be better for tn
court to distribute costs because law
suits are something l don't know any
thing about.
To Justice Perry-It was after tn
S4S,O25 was paid over to me that l spOk
to Magoon about his fee.
Didn't you think $4,000 was fai
| yIrbaf, /