The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1903-07-03
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LAID BARE
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CONTINUED from page 81
Humphreys to make excuses to Mr..
Highton IL he came to have typewrit-
ing done, as she was not employed by
him; did not understand she was to do
no outside typewriting; did work for
Senator Foster. which he kindly paid
for" also for Il. s. Gill, for which she
was never paid.
AFTERNOON SESSION.
Henry Highton, attorney. was on the
witness stand throughout the after
noon. Examined by the Attorney
General, he told OF the overtures for
compromise that were opposed by him.
1t was after the railway case was set
tied; terms were Magoon and Davis
were to get $4,000; (witness went into
details in answer to questions) all
three cases settled at once; ] was not
in favor of settlement; negotiations in
behalf of Sumner were conducted by
Thompson; under settlement $4,000
was paid by railroad company.
Whose money was paid?"
Mr.. Thompson objects-the Supreme
Court had decided whose money it was.
PARTIES WERE FRIENDLY.
Court suggests question Of what"
money was paid. Witness repeated
the familiar details of the distribution
of the money and said the payments
were made to the order Of John X.
Sumner; could not remember any con-
versation in which Humphreys raised
| a question as to Summers ownership of
| IN
tions. didn't think there was any par
ticular discussion on that question; all
| seemed friendly-Sumner, Mrs. Davis,
Mrs. Buffandeau, etc. identifies let
tiers showing his disapproval Of set
| Element involving a denial of Sum-
| ner's right to do as he pleased with
| the $4,000 from the railway company,
but expressing assent to a proposed
| voluntary agreement between Sumner
| and the Ellises as later carried out
| one a formal letter from himself to
| Sumner and the Ellises and another
their formal reply) Reason witness
| mentioned as n matter OF course in his
| letter the proposed payments to the
| E'llses was that Sumner had told him
| over and over again that he intended
| to give them 10000 apiece; he had
| consulted Thompson occasionally as
representing Sumner.
HIS FIRST ENGAGEMENT.
Cross-examined by Mr.. Humphreys,
witness related what he said was the
gist of an interview with Judge Hum
plireys at his chambers, when the lat
ter while stifl on the bench had sent
for him and put him in the way of an
engagement by the Ellises; Humphreys
while on the bench never discussed the
case with him; had looked over dates
the other day and was still puzzled
about what took place, and who were
| present in his room in the Boston
| Building when matters between Sumner
and the Ellses were discussed.
Mr.. Humphreys here reeled off a
| score or more of questions without
pause for answers, at the conclusion
of the series asking If with his men,
DRY thus refreshed he could recall the
negotiations at the time and place
mentioned. He thought on Summers
behalf they suggested 100000 as the
price the railway should pay; ddenti-
fies letter he wrote to Hatch & Sill
Imam, attorneys for railway, saying,
Now I do remember some things.")
CATHCART SKINNED.
| Remember Cathcart was there and
that you gave him a rather stiff dress
| ing down about proposition to give
him trust deed and $50 month; you
| gave him a good skinning; put him
down and set him down pretty hard;
| you broke up that agreement with
Cathcart completely; think you said
| you would advise your client, VIM. 5.
Ellis, against the proposed Cathcart
| deal; am positive that at that time
Sumner had ratified the agreement to
pay you fee of $4,000 as attorney for
the Ellises: Sumner brought guardian
ship papers to my room and / took
them TO your office.
Mr.. Humphreys asked another string
II questions, among others If he had
not told him Sumner had answered
greetings by Humphreys on the street
angrily, saying, You and Willie Ellis
broke my deed to Cathcart," and If he
had not told witness that, on account
of Summers hostility and of being at
torney for the Ellises, he Humphreys
could have nothing to do with Sum
ner or his affairs, but would consent 10
have Thompson assist him.
ALL SUMNER.
Witness remembered counsel telling
him of some trouble between Sumner
and himself few years ago. but could
not recollect his saying that he would
have nothing to do with Sumner. Part
of $500 retainer of the Ellises to wit
ness was made up by Mr.. Buffandeau,
but mainly paid by Sumner; Hum
phreys was not present in office of witt
ness when settlement was made; did
not remember IL Cathcart was there,
only knew he got $1,000; actual dis
tribution of money was not made In
his office: reference in his letter to
Humphreys being more particularly
attorney for the Ellises was made in
| accordance with the former suggestion
by Humphreys; witness then regarded
1t as all one litigation. the objective
point being Sumner