The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1903-01-07
TOLD Of A
NEW DEAL
R, W. Cathcart Was
To Be Summers
Trustee.
ELLIS HEIRS WERE
TO GO TO TAHITI
Victoria Buffandeau Tells Story
of the $llO, 600 Trial
Almost Ended.

The Sumner case is all but closed.
The Ellises' case was concluded yester-
| day afternoon, with the testimony of
Mrs. Victoria .Buffandeau, and Sumner
will have a little rebuttal tomorrow
The case will probably be submitted
before tomorrow evening.
The testimony Of R w. Cathcart as
to new disposal of the $4,000, under
which he was to be trustee, was the
sensation of yesterdays hearing. The
case Of the Ellises was opened the first
had completed his explanation of how
he had obtained the will. F. E..
| Thompson put in the first blow for the
Ellises with statement regarding the
meeting in Highton's Office, where the
| Oahu Railway deed was signed. This
was to the effect that after all the heirs
had been promised $4,000 apiece, e.
Buffandeau, Victoria Ellis's husband,
had asked Sumner what was to be
done with the remainder. To this the
old man had replied that it was to re-
main in the hands of the Bishop, and
they would receive it at his (Sumner's)
death.
w. r. Castle and P. L. Weaver, who
had been Summers attorneys in the
Crandall suit to place him under guard
ianship, were not allowed to testify as
to the reasons for the making of the
trust deed, under an objection by Ma
COON that it was a privileges commu-
nication between attorney and client.
H. M. Whitney, agent for the Oceanic
Steamship Company, testified to John
Keller's departure on the 4ealandia.
R. w. Cathcart was next called to
the stand. He corroborated Thomp-
sons statement of the conversation
between Sumner and Buffandeau, and
went on to tell of another deal by which
he was to be the trustee. This was at
a previous meeting in Highton's office,
which Judge Humphreys, the Ellis
children, and John Keller attended.
At this time a plan was agreed upon
by which the land was to be sold to the
Oahu Railway for S105,000, of which
Sumner was to get SIS 900, Humphreys
$4,000 and Highton $4,000. The bal
ance, $4,000, was to be put III trust
with Cathcart, and the income from
the money was to go to the Ellises.
This plan fell through because Hum
phreys objected to the payment of SIS
per month to Cathcart as trustee.
Cathcart said he lad accepted the trus-
teeship only out of friendship for Sum-
ner.
II got from the late Bishop check
for 81 ,0OO,'' said Cathcart; Il have been
a close friend of Sumner for twenty
years and was always at his call, and
never got a cent for it. When 1 was in
Highton's Office, he asked me to read
the deed, and said that if 1 said that
it was all right ne would sign it. I
have always looGed over Summers ac
counts, for him, and have Saved him
more than that. At the settlement,
all parties agreed to give me $1,000.
''Mr. Sumner came to Wilder's Office
afterwards, and wanted to get the
money back, but I wouldn't do it.
told him that somebody had put him
up to it and he said, that's all right.
Henry Highton was next called and
testified in reference to obtaining a
copy of the will, before the arrival of
Summer from Tahiti.
]. NJ. Mckenzie, receiving teller for
Bishop & Co., told of receiving the
$4,000 check, and said that Mr.. Ma
goon's initials were needed before
money could be drawn by Sumner. He
said, on cross-examination, that Sum-
ner was standing alongside of Magoon
at the time and made no objection to
this arrangement.
E. Buffandeau testified to the CONVEX
sation with Sumner, wherein he had
said that the money would still remain
with the Bishop as trustee.
Victoria Ellis Buffandeau was next
called, and denied the telephone con-
versatiOn which the Weeds said they
had overheard. She denied, also, max
ing any statement in regard to relin- !
gushing all claims upon the old man |
on payment of $4,000 Mrs Bufan-
deau testified that Sumner was TO give |
each of the Ellis children $4,000 apiece |
and they were to invest the money as
he desired. They were all to return to |
Tahiti with him and 90 into the cattle /