The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1903-07-29
DAVIS DISBARMENT
CASE A LIVELY ONE
THE RESPONDENT FINALLY DECLARES THAT THE SU.
PRENE COURT HERE HAS NO JURISDICTION TO TRY
THE CASE AGAINST HIM-ONLY SUPREME COURT AT
WASHINGTON HAS POWER

The George A. Davis disbarment pro- |
ceeding began before a crowded court
room in the Supreme Court this morn
ing. After the reading of the informa-
tion and answer and Introduction of
records, r. w. Davis was called to the
stand and told of how he went to con-
suit the respondent. The attorney
general caused the first tiff by using the
term Davis" in a question as to
Wyles talk with George A. Davis.
"Mr. Davis if you please" said George
A. Davis.
"Well, the respondent then" said
Andrews, instructing the witness to-
pay no attention to the interruption.
Davis objected, claiming the use of the
term Davis was discourteous. THE
attorney general said respondent
later" sair the chief justice.
Wylie asid that George A. Davis
wanted a retainer and that the sum of
$500 was mentioned. Here Davis OBJ
jected again, declaring that the attor-
ney was not bringing out sufficiently
the fact that the $500 was a retained. He
was overruled.
MY mother wanted Davis to look af-
ter her brother John X Sumner" said
| Wylie, "and he told her she would have
to bring suit. The papers were then
already drawn up and my mother sign
| ed them. He mentioned something
| about non compos mentis and she
WANTED to know what that was. l
! told her it meant insane and she said
her brother was not insane and she
didn't like it. Neither my mother nor
myself ever said we wanted to get
any money from Sumner"
The suit came to an end when Sum-
ner one day called on his aged sister
He told her that it wasn't right for
| brother and sister to be quarrellng and
that he didn't like to be called into
court. Sumner said to his sister that
| he wanted to give her $4,000 each Of
the Ellises $4,000 and the church like
amount and then be clear of all. My
mother said that all her suits were to
save her brother and that if he wanted
to give the money he could do it. I
went to Davis office and tod him my
uncle had called on my mother and
wanted to settle the case and Mr.. Da-
Wis said How about my fee,' and that
he wa snot doing business for nothing
He said he wanted $4,000" Wylie said
|
leave Wylie's mother only $1,000, and
she would not agree. Mr.. Davis said
he would have something to say about
a fee. Sumner also refused to pay the
fee and Davis said he would see Dill
| lingham. He did so later the Iti1.-
ney said Dillingham; had agreed to pay
the $1,000 extra for his fee. The sale to
the Oahu Railway and Land Company
| for $4,000 was cOnsummated and the
general settlement was made.
Did you or your mother retain any
other lawyer?"
Not until I saw Mr.. Magoon in
court with Mr.. Davis and Davis said
he had taken Mr.. MagOon into the case.
l told my mother and she said it was
all right"
Did you instruct Mr. Davis to en-
ploy another lawyer?"
"As near as L can recollect I did.
| think l said Magoon had had a similar
case years ago and knew all about it,"
Did you make any agreement to pay
Mr.. Magoon?"
II object to that" said the respon-
dent Davis The court overruled the
objection and the answer was mo"
The witness said that his first con-
versatiOn with Davis was about the
later suit. He met the lawyer down
town and the lawyer told him he could
get out the tied-up money. HE said
he'd sue the bank said Wylie land
have the money out of the bank in "a
| hours. | shOpe to my uncle about it and
! my uncle told me to bring Davis. Mr..
| Davis came out to the house. He said
something about a notary and | men
toned Burnette and Burnette and Mr..
Davis went to the house.
The first talk was about the money.
Mr.. Davis said if you will give me
power to act l will get that money and
if l don't get it in "a hours l win bring
suit. My uncle asked about the fee
and Mr.. Davis said $4,000. Mr.. sum
ner said that was better than going to
court.
"Mr. Davis read a paper before my
uncle and Mr. Bunette. 1t was some
thing about a power. It was in Mr..
Davis handwriting and l couldn't read
it,"
Andrews offered in evidence the pro-
missory note, signed by Sumner on
December l, for $4,000 1t was en-
dorsed later "$l,O 900 remitted, $4,000 re-
After the interview with Sumner Mr..
Davis met Wylie the next day to go
to the bank and draw the money. sum
ner duly signed check for $4S, OPS and
appeared to be very happy. II went in
hack to the bank and George A. Da-
Wis asked the cashier for Mr.. S. NJ.
Damon. We saw Sam Damon and Da-
Wis presented the check and demanded
payment Sam laughed and said the
money was in dispute Davis then
went to the cashiers and tried them all.
| went back and told my uncle and he
was very much disappointed. | said
Mr., Davis would now sue the bank"
Did he sue the bank?"
No, Sir"
Did he return the note for $1,000"