The Hawaiian gazette., 1903-01-02
All Right But in
Clutches Of
the Law.

by sumner seems To mt the case OF the
old man best OF anything, though the
word lawyers" might better be sub
stituted for law" as was suggested
by some of the attorneys present at
the hearing.
Sumner was on the stand all day
yesterday, and seemed eminently able
| to take care of himself, excepting the
| fact that he was sin the clutches of the
law"
He went over in detail, on cross-eX-
animation, all the transactions leading
up to the cancellation of the trust deed
and his will, though he exhibited a
shrewd forgetfulness when the answers
seemed likely to involve Attorney Ma
COON or himself. Whenever the ques
tions of Attorney thompson became
too pointed Sumner would answer, 81
have forgotten that" and it was found
impossible to extract any information
which he didn't want to give of MS
own free will.
Sumner testified that he got the
money and his will first, but that wher
Mr.. Magoon returned to he Bishop
with a deed conveying all property to
Sumner, the trustee would not sign it.
What did the Bishop say when he
refused to sign it?" asked Mr.. Thomp-
| son.
81 have forgotten" replied Sumner.
who was there at the time?'
"Mr. Magoon."
Were you there?"
81 don't think So"
Don't you know, as a matter OF fact,
you were there?"
How did you find out that the
Bishop refused to sign the deed?'
"Mr. Magoon told me-"
well, what took place at your meet
ing with the Bishop"
There wasn't much conversation.
| The Bishop simply handed me the
money and the trust deed. l got the
| will and Magoon took the money"
so Magoon took the money, did
he?"
Yes; he took the check, and ! got
| the cancelled will"
10 whom was the check made pay
able?"
ITO me-"
did you indorse it before Magoon
put it in his pocket"
II have forgotten that"
Humphreys interrupted at this point
to state that he had kept count OF the
examinations and that Sumner had
forgotten sixteen answers out OF TWEEN
ty-three, though he had displayed 4
remarkable memory on Magoon's ex-
animation last Saturday.
Sumner next told of the destruction
OF the will. saying that he had met
Wallie Davis on tile wharf and gone
with him to his Island home. where
the document was consigned to the
flames. The witness stated that he
did so without any compulsion or sug-
gestion from anyone, adding that he
knew nothing OF the contents OF the
will 1t developed here. also, that
John Keller witness OF the will, had
suddenly left the Territory. going to
Tahiti on the Zealandia. Sumner adj
mitted that he had paid Kellers pas
sage, and said he had left Honolulu in
October or November. but he didn't
remember whether it was before or
after the present suit had been insti-
tuted.
There was some discussion also as
to where the $4,000 was. originally de-
posted, whether in the First National
or in Bishops bank, though the exam
ination of Sumner finally showed the
check to have been drawn upon the
First National and deposited with
Bishop & Company for collection.
Was this money deposited so you
could take II out?" Sumner was asked
by Thompson.
1T was left in the bank because the
matter had not been fully settled with
the Bishop. There We're several little
things the Bishop had to fix up"
Wasn't it because you couldn't get
the Bishop TO sign the deed?"
No"
Did you get deposit book, and
could you draw the money out with
out anyone saying 500"
Yes; the money was deposited In
MY name"
"You didn't need Mr. Magoon's o.
X, TO get It out?'
"No"
Did you give Mr., George A. Davis
a check for $4,000 which wasn't
plid?"
Davis told me he could draw out
the money, and he wrote something
and told me 10 sign Il, but | told him
"a was no use, though signed me
paper"
why ala you sign the paper when
You thought he wouldn't got the
money!
"Well, Davis hoasted 30 much 10 me
about being able 90 got a. but didn't
think he could, 80 gave him the
eheck could have drawn out The
money All rlghl on my personal check
10y The rQnfl' why was M Davis
honslipg like lhln. II there had been po
ir0uhleN
u dnni hn0N n Naf through ~
nHNls hl'f'lng Hud iilkinH fn muph
ihai save him inis paprr 10 ~ na
NnN