The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1903-01-03
DEATH STOPS
THE SUMNER CASE
INTERRUPTION TO ALLOW BIsH-
OP GULsTONS DISCHARGE BE-
TORE DEATH END THE SUIT.

News that the Right Rev. Bishop !
Gustan was very near to death inter- |
rupted the proceedings in the John K.
Sumner case this morning shortly after |
IL O'clock. The bishop was nominally |
the plaintiff in the case, having bogus |
the suit to secure the courts permits
sion to resign as trustee for Sumner.
The contest arose when the conflicting
interests butted in. AS the death of the
bishop before his discharge as trustee
would terminate the suit, and make it
necessary to begin all over again on
the issues between the other litigants,
1t was agreed by all parties that his
resignation might be accepted without
prejudice to the other issues in the
case.
Sumner himself was reported i'll when
the case was called this morning. At
torney Magoon stated to the court that
the old man had caught cold and was
| ill in bed. AS he is "a years of age, the
announcement came as something of a
| shock. 1t was agreed that he would
not be needed during the day, though
| Magoon said that if he was wanted,
| Sumner would get up and come to
| court.
Waffle Davis. called as a witness by
| Magoon, continued his testimony and
| was cross-examined by f. e. Thomp-
son. He declared that Sumner had read
| in The Star the statement that the $4S,
900 left of his fortune after his gifts
was in trust, and had been worried
about 1T. He had gone to Bishop Gull
stan and complained, declaring that
the trust was ended. The bishop had
told him the same, and had assured
him that he could do what he wanted
with his money.
Mrs. Weed, a neghbor of Mrs. Buff
fandeau, was called and testified to the
: consultation of Humphreys by Mrs.
Buffandeau, who told her that Humph-
r reys would soon be off the bench, and
had advised her to employ Highton, "a
learned man from California"
THE next time 1 saw Mr.. Sumner"
said the witness, "he came from High
tons office, out of temper. He said
that the children had demanded $4,000
each from him, and that if he didn't
give it he would be thrown into guar
dianship again. 1 asked Mrs. Buffan.
: deau about it, and she said, Yes, Will
lie has been doing that"
, 1t appeared from Mrs. Weeds tes-
timony that willie" and others were
Z waiting for the old man when he step.
ped ashore from the steamer here. Or
the first day there came a telephone
from willie" telling Mrs. Buffandeal
! to put the old man in a hack RICH
= away, drive him to Willie's office, anC
not let anyone speak to him.
At this point Peters arrived will
news that the bishop was very neal
death, and Magoon suggested excuslnl
Fathers Valentine and Matthias whC
, had been called as witnesses. Tht
question of accepting the resignation
of the Bishop before death removed
him and ended the suit that has beer
SO long contested was brought up, anC
a recess was taken for five minutes, t
. allow the lawyers to draw up a stipula
: ton.
The lawyers all talked at once while
, they were discussing the proposition
q and Judge De Bolt gave sarcastic re
: buke, when he could make himsel
! heard. 1T helps the court" he said
when all the lawyers talk at once
All are talking at once on the theory
; l suppose, that two talking at once
are better than one. This helps thu
) court great deal, gentlemen"