The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1903-01-04
NEW TRUSTEE
FOR SUMNER
Bishop GuIstan Is
Relieved of
Duty.
KELLET WILL
CARRY ON SUIT
Witnesses Trying to Show That
the Ellis Children We're
Paid for Release.

John K. Sumner was believed of one
trustee yesterday. only to fall into the
hands of another by stipulation OF
counsel. Judge De Bolt ordered the
discharge of Bishop Gulstan, and by
agreement appointed P. D. Kellet, Jr.,
as trustee, for the purposes of the suit
only
The testimony put on yesterday
was only for the purpose of proving
that the Ellises had agreed to release
the old man from any claims upon pay
ment of $4,000 each.
Wyllie Davis was on the stand at the
/ in the cancellation of the now famous
deed of trust and will. Davis testified,
on cross-examination by Thompson,
| that Mrs. All Chuck and Mrs. Sarah
Weed were to get some of the money
given by Supner to Mrs. Davis. The
witness said that these two women
were his "aunts," but denied that they
were sisters of Sumner.
Davis said that he went to the Bish-
ops house the day after the settlement,
together with Sumner and John Keller.
After reaching there Sumner sent him
back for Magoon, and the latter came
up. Then the deed was cancelled,
though witness said he was not inside
the room at that time.
Thompson then went into Davis's
record for the purpose of discrediting
his testimony.
Have you ever been convicted of
any crime?" the witness was asked.
mo; 1 might have been arrested for
fast driving or something like that"
Were you never convicted of selling
opium?"
well, L viii tell you about that"
said the witness, after some hesitation;
Il was in charge of a bumboat, with
seven men, and we were coming away
from a man-of-war, when we were ar
rested for having opium in our pos
session. was acquitted, though. and
Mr.. Magoon and ex-Judge Humphreys,
his partner then. defended me-"
Sarah Weed was next called, and
testified that she had been in CONVERSE
ton with Sumner and Mrs Buffandeau
upon the old mans return.
Victoria told him he was just in
time" said the witness. "aS she had
just got out an injunction to stop the
Bishop from selling the property for
100000. She said she got Humphreys
to fix it up, and as he was on the
bench yet he advised her to get Mr..
Highton. The Ellises didn't want it
signed, they wanted more money; and
after Sumner came she got a telephone
from Willie, saying to put
Sumner in a hack and bring him right
down to his office. Sumner said the 1
children wanted him to give them
$685. each, and was real angry about
it. Victoria said, Willie has been do
ing it"
Father Valentin and Father Matthias
appeared as witnesses at this time, and
Magoon asked that they be excused
until Monday, as the Bishop was dying.
This was done, and Judge De Bolt sug-
gested that he was ready to rule upon
the Bishops resignation. 1t was final
ly agreed that the Bishop should be
discharged and a new trustee appoint
ed, for the purposes of the suit only.
By stipulation the sum of $4S,025 was
accepted as the whole amount for
which the trustee must account, and |
P. D. Kellet, Jr., was appointed to sue
coed him. The names of w. r. Castle
and a. S. Humphreys We're also men
toned in this connection, but the at
torneys would not agree to the appoint
ment. A stipulation that the answer of
the Ellises be considered as a cross-bi
and that they be considered as plant
ifs, was vigorously combatted by Da-
Wis, and was finally dropped.
Magoon and Davis wanted the case
to so ahead, saying that the trial could
be finished by last evening, but Hum
phreys stated that it would take at
least until Tuesday to present his case.
ENA WANTS HIS MONEY.
John Ena yesterday brought suit
against the Honolulu Investment Com
pany for s435 for damages. The plain
tiff claims that he leased to the defend
ant, on Mrch %, 1900. property in Iwi-
lei, Honolulu. consisting of about $1,000
square feet for the term of twenty
years, at an annual rental of $3.50 pay
able in two equal installments of 1878
each Plaintiff claims that the defend
ant has refused and neglected to pay
the rent due for the second instaIlment,
due September %, 1902. together with
the taxes, amounting to $50.
s.a. 1