Evening bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1895-1912, 1903-07-01
HENRY H|GaTON HEARD
TELLS OF FRIENDSHIP
OF SUMNER AND ELLISES
QUESTION WHY HE DIDN'T GET
RELEASE FROM ELLisEs FOR
SUMNER OBJECTED
TO.

Attorney Henry Highton occupied
the witness stand in the Supreme Court
IA the disbarment proceedings against
Humphreys and Thompson. yesterday
afternoon. He related the circum-
stances of the compromise proceedings
in the Sumner case and told how he
objected to conditions OF settlement.
The witness answered all questions at
length. 1t was necessary to refresh his
memory, by many side questions, in
the matter of dates and details.
Highton had not been in favor of
settlement. Thompson had negotiated
for Sumner.
Attorney General Andrews wanted to
know whose money was paid in set
Element.
Thompson objected. The Court sug-
gested the question Of what" money
was paid. Highton told all that he
knew of the distribution of the money.
He remembered no conversation in
which Humphreys questioned Summers
ownership of the money. Everybody
seemed friendly. Sumner had often
told him that he intended to give tho
Ellises $4,000 each.
On cross examination witness re-
membered Humphreys telling him of
some trouble between Sumner and
himself. Didn't remember his saying
he'd have nothing to do with Sumner.
Humphreys offered in evidence High
tons letter to Hatch & Silliman and
the reply, declining negotiations for
compromise during the existence OF a
temporary injunction.
When Thompson cross examined wit
ness, the latter said that he (Highton)
had drawn all the papers in the rail-
way and guardianship cases. He told
of the proceedings before Judge Gear.
Judge Gear transferred the matter to
.JIdge Robinson. Thompson was not
in the case before Gear. Robinson
threw up the case and De Bolt took It.
Witness produced diary.
Thompson wanted to know what
Highton meant by the entry: after
some skirmishing the case was con-
tinued to 1880 D. m
at would be very hard to describe
the skirmishing In that case" said wit
ness with a comprehensive smile.
do you remember II l was in the
firing line or in the reserve?" asked
Thompson.
I'm the reserve" was the answer.
Highton said he never regarded
Thompson in light other than repre-
senting Sumner. with witness.
Thompson asked who witness repre-
sented in the settlement proceedings.
The answers were not definite, but
given to long explanations.
Thompson eloquently insisted that
witness should answer the question
without beating about the bush. He
declared that one of the principal
charges against Humphreys and him.
self was that they had not secured a
release for Sumner from the Ellises.
Hlghton said he did not represent
William Ellis, John Ellis or Mrs. Buff
fandeau. He believed Sumner entitled
to sole control of the money. He
found friendly relations between all
parties and Sumner wanted to pay the
Ellises $40, 1000 each He considered the
attorneys we therefore bound to look
after the interests of all. His orig.
lnal agreement with Sumner was in the
railway case. For this he was paid
He felt 1t his duty to represent Sum-
ner in the cases that followed, for
which he asked no fee. He believed II
the railway suit had not been settled
1t would have been beaten. He didn't
believe In compromising cases that har
no merit.
Thompson's question as to why
Highton did not secure release fol
Sumner, his client, from the Ellises
was strenuously objected to by the At
torney General.
Attorney J. w. Cathcart threw In 6
question during the proceedings. An
drews rose suddenly and asked fol
whom he appeared. Cathcart said HI
was on the record for Thompson. An
drews objected to associate, counseli
continuing the cross examination. Tn
:, array Of legal talent for respondent
rather impressed the Territorial advo
cate for he intimated that he didn'
know where 1t would end, they nigh
have other counsel hidden away read.
to jump in with a question during
r lull in the firing of questions. Thomp
son settled the matter by lending Cath
cart his power OF speech and askin
the questions for him.
At 4 o'clock Court adjourned unit