The Hawaiian gazette., 1903-07-07


to his face.
RECEIVED TWO FEES.
Humphreys said the firm receive
$500 as fee out of the avails of tn
land sale by Sumner to the o. II. &c
Co., for representing the Ellises 1
fighting the railways suit for specifi
performance, having considered a
along that such was to be the source 9
payment. The Ellises had also pal
the firm $1,000 and given a note for an
other thousand, which had not bee
collected.
PROMISES RESTITUTION.
Witness now Informed the court tina
he considered the firm Of Humphreys
Thompson & Watson did not fairl
earn the $4,000 received on behalf o
the Ellises. because II had been neg
ligent Of their interests in not procur
ing new deed Of trust when the dis
tribution to Mrs. Davis and them wa
made. 1t was his intention to REIN
burse the Ellises for what they hat
paid. sl.
On characterization Humphreys
said he told ]. w. Cathcart in conf.
dence, few days before the informa.
tion against himself and Thompson
was filed, of his conviction that the
firm had been guilty of negligence to-
ward its clients and his intention to
reimburse them. He had never spoken
| to the Ellises about the matter and
this frank statement in public was his
| first intimation to them of his view and
intention In the matter When he made
up his mind he did not have the money
on hand. Before he went to Kona last
autumn he expressed his dissatisfac-
ton to Thompson about the neglect to
obtain new trust deed. .''
In the midst of Humphreys cross
examination as to his earliest knowl-
edge Of the contents of the trust deed
to the Bishop and of Summers will,
the court took recess until 80 D. m.
THOMPSON TESTIFIES.
There was nothing of especial inter-
est in the further DISCRIMINATION Of
Humphreys in the afternoon.
Frank E. Thompson took the stand
in his own behalf and at o'clock,
when the matter of time came up, he
said he had but started. He went over
the old lines of meetings and confer
ences, giving his version in emphatic
and measured terms. An important
statement was that, with the exception
of a friendly call he paid Mr.. Highton,
he was never in that gentleman's Of
flee in the Boston building.
zone of the landmarks in the Sum-
ner litigation. punctuated by habit"
he said was when Highton called at his
office with the answer of the Ellises in
the guardianship suit. This was not
prepared nor typewriter in the office
of Humphreys, Thompson e. Watson.
After showing it to witness, Highton
manifested some uneasiness and, going
to the Bethel street window, elected a
large jet of tobacco Juice upon the cor
rugated iron awning. The mark was
probably there yet and seemingly was
referred to by witness as part of the
evidence. Highton had told him why
he had not signed the answer with
Humphreys, Thompson & Watson's
name. which was in effect that he
thought it would have been presump-
tuous, and witness then authorized the
signature.
At the time Of the proposed settle
ment of $4,000 each to all of the claim
ing heirs, Willie Ellis objected at first.
Highton's office. Witness sat in a
window, the chairs in the small place
all being filed. Highton objected to
the settlement after Willie Ellis agreed
to it on the advice of witness. Then
witness asked Highton whom he repre-
sented, laying he understood he was
understood to be attorney for the Ell
Uses. Highton answered emphatically,
"I represent John X. Sumner In this
case" Thompson said he responded,
parrot-like, "And I represent the Ell
Uses"
Witness repeated an opinion he had
heard Humphreys express. that Sum-
ner was insane in the legal sense of
the word. He also gave evidence SINH
lar to that of some previous witnesses.
OF the refusal of Humphreys to have
the firm identified as attorneys IN"
Sumner.
PROBATE CASES.
Judge De Bolt appointed Mrs. Masa !
Hirano as temporary administrator of
the estate of Ushimatsu Hirano, de-
ceased. under bond of $3.50.
Judge Gear appointed Harry Armi
tage, Robert w. Single and Fred. |
as appraisers of the es-
tate of S. c. Allen, deceased. The will |
was admitted to probate and Bathshe-
ba NJ. Allen, Mark p. Robinson, ]. o. |
Carter and Paul Muhlendorf were con-
firmed as executors thereof to serve !
without bonds. At the hearing Mrs. |
Allen testified that she had been in |
with Geo. Allen, adopt !
ed son of the testator and herself, that J
he was made fully aware of having
been disinherited by the will and that |
he had made no protest
Lee San was appointed administra-
tor of the estate of Lee Hoy under
$500 bond.
LAW MATTERS.
Plaintiff moves for a hearing of NJ. +,
j. Martins VS.. G.. ii. Moore.
w. f. Jocher answers the complaint !
Of II. NJ. Dow, denying that he owes
plaintiff s721 or any other sum.
j. S. Walker has been admitted by
Judge Gear to practice law in the dis
trict courts and before circuit judges
In chambers on appeal.
VESSEL LIBELED.
lihel admiralty has been