Evening bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1895-1912, 1903-07-27
ATTORNEY MACON

Respondent ]. Alfred Magoon,
against whom Attorney General An
drews filed charges Of professional i'm
prophecies in the Sumner proceedings,
this morning filed a lengthy answer to
the information, in full as follows:
In the Supreme Court Of the Territory
Of Hawaii, October term, 1909.
June 1903 session.
In the matter of J. A. Magoon, Attor.
ney at law Of the Supreme Court
I Information.
Answer of J. Alfred Magoon.
Now comes ]. Alfred Magoon, the
respondent in the above entitled mat
ter, and for answer thereto shows unto
your Honors:
Respondent wishes to state at the
outset that he does not feel aggrieved
that Il. c. Peters, who was his law part
ner during the trial of the Ropert-
Sumner suit. in the Circuit Court, has
not been included in the information
against himself. Respondent wishes to
shoulder all the responsibility, and II
the Court shall find any irregularity
ir his conduct, he wishes to receive all
the punishment. Whatever was done
by Mr.. Peters was with respondents
advice and at his request. Mr.. Peters
being very young man, and not hav-
ing had much experience, had a right
to rely upon the more mature judg-
ment of respondent. In the opinion Of
respondent Mr.. Peters is a man OF I'M
questionable integrity and veracity,
and II he had done anything amiss in
this case. 1t is attributable to youth and
inexperience, having been thereto in
duced by respondent.
(See in re Knott, II Cal. 5Si.)
2.
Respondent admits the allegations
contained in paragraphs one. three and
section two in paragraph FIVE, also par
agraphs nine, ten and eleven of the In
formation.
Respondent denies specifically and
in toto the allegations contained in
paragraph two of the information, and
alleges and AYERS that he has not been
guilty of professional improprieties,
malpractice and gross misconduct in
the manner alleged, nor in any man
ner.
Respondent admits that John X.
Sumner is a man upwards of the age OF
etghty-four years, but denies that he
has little or no knowledge of business.
or the value Of money; and further de.
mics that by reason Of his great age
and lack Of knowledge, he is easily
influenced and controlled. On the
other hand respondent afiirms that said
J. X. Sumner is a man of large bust
ness experience for one in his walk OF
life. and with his education and oppor-
tunities. Respondent believes that j.
X. Sumner has keen appreciation OF
the value of dollar, is economical and
saving, but respondent further believes
that said J. X. Sumner is sometimes
inclined to be too credulous to those
who hold out fiattering offers to him
That said J. X. Sumner Is a man OF
strong will and firm purpose, and can.
promises to do that which he has sci
himself against, or which he thinks Is
improper. That this respondent has
! until recently, acted, as the said JohT
, X. Sumner believed, In a manner hos.
tile to him, and has never had the full
confidence of said j. X. Sumner. Re
spondent denies that said J. X. Sumner
could be improperly influenced or con
trolled in any manner by respondent
that all Of respondents dealings with
said J. K. Sumner have been carefully
scrutiniZed, and he said j. X. Sumner
has not hesitated to oppose and &c
contrary to respondents wishes in {
great many instances; that the allega
ton in said paragraph four of said In
formation-that said John X. Sumner
has little or no knowledge of business
or the value of money, and by reason
OF his great age and lack OF knowledg,
Is easily Influenced and controlled-ii
in conflict with the statements OF per
sons who know him.
In a motion of John X. Sumner, b,
his attorneys, A. s. Humphreys anC
Geo. ID. Gear, filed October 4th, 1897
the following language Is used:
Sixth: That the grounds allege,
for appointing said Receiver, and tn,
act of Maria S. Davis sueing herein
as the next friend OF said Receiver, to
wit, on the ground that said John X
Sumner was non compos mentis, wer,
and are fraudulent, assumed untrue
perjurous, deceitful dishonest, tricky
crafty and unfair, and constitute
breach of duty, trust and confidence
due from said Maria S. Davis as siste
and next friend Of John X. Sumner
in that said John X. Sumner neve
was non compos mentis, but on tn
contrary is, and always has been 0
sound mind, and in all respects com
petent to act for himself in the NOR
Important affairs OF life, and fully men
tally capable OF managing his proper
~ and of making a contract deed O