The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1903-08-29

The Ellises will have to pay the
$3.50 fee for the advice they received
from Breckons & Dunno not to try to
ship again, and which they refused TO
heed. Judge Dickey yesterday award
ed judgment against the Sumner heirs
for the total amount sued upon, and
they will have to pay unless a higher
court reverses the district court ruling.
From the evidence, it appears, that,
just before the Supreme Court render
ed a decision awarding to old man
Sumner his s4s.025. the Ellis heirs call
ed upon Assistant United States At
torney Dunno and wanted him to in
stitute guardianship proceedings to
have the old mans money tied up
again. They were referred to Breck-
ons, and the United States Attorney
advised them that they had no case.
Then they wanted an injunction to re-
strain the payment of the $4S,025 but
the fee which Breckons wanted was
too much for the children who had
already received $4,000 apiece from
their grand uncle. Breckons wanted a
$500 retainer and $500 additional if
he succeeded and $1,000 if he failed.
This was too much for the heirs and
they went to another lawyer AS will
be remembered Judge De Bolt prompt
ly threw out of court the second Ellis
petition to have the old man declared
insane, and this case is now before
the Supreme Court. John w. Cathcart
represented the EIlises in this case
and received $500 for the work
There was practically no defense to
the suit, aside from legal questions
which. E. NJ. Watson. appearing for
the defendants. claimed entitled them
TO a non-suit. Then too Eugene Buff
fandeau said he never thought he
would have to pay $3.50 just for asking
a man a question. Judge Dickey
thought differently.
BRECKoNs' TESTIMONY.
r. w. Breckons, one of the plaintiffs,
was the first witness. He testified that
the Ellises had come to him from Mr.
Dunne's office and asked for an opin-
ion relative to the bringing of guard
ianship proceedings in the Sumner
case. He said the opinion given by him
was very unfavorable and that he
strongly advised that no guardianship
proceeding be instituted as it could
not be maintained. Later he had rend- |
cred a written opinion to the same
effect. When the Ellises came to see /
him the second time he orally told !
them that they had no case. At that !
time the opinion had already been type
written. Mr.. Breckons said he work.
ed on the case several days and look !
ed up the Sumner records and author 7,
tiles. Ellis wanted him to go along |
to see Judge Humphreys in regard to ,
the case but he did not GO
DUNNE'S TESTIMONY.
j. ]. Dunno testified that Willie Ellis !
and Buffandeau had come to his house 1
one afternoon, June 18th. to consult /
in regard to the Sumner case. He told .
them to call at the office the next i
day. and the next morning told them
that he was very busy with important /
matters and he did not care to take
the case. During the conversation the
name of Mr.. Breckons was suggested /
and Mr.. Dunno advised them to see
him. He was in his office at the time
and they called upon Breckons. Later
Dunno was called into the room. Mr..
Breckons was doubtful about the pro-
oriety of bringing proceedings to iTi
press John K. Sumner with a gua:J
an again, but told the boys that he
would look into the question. Nr.
Sreckons Their hooked up the matter.
examined the records and authorizes
md wrote IN opinion. Mr.. Dunno