The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1903-01-10
JUDGE DE BOLT SAYS ]. K. SUMNER
HAS BEEN PLUNDERED.
{Continued from Page %

| the agent of John K. Sumner. I there
| fore hold that the deed in evidence has
been revoked and the trust thereby
created is terminated and that all the
property which appears to have been
conveyed, by reason of the termination
of the trust and the settlements, re-
vests in John X. Sumner, and that the
S4S,025 now deposited in court is the
money and property of John K. Sumner
and that the same be delivered and
paid over to him forthwith
Judge Humphreys gave notice of APP
peal Davis said that an appeal didn't
lie and he wanted to be heard on the
proposition first. He commended that
the Ellises had no interest in the prop
erty and therefore could not appeal.
Mr.. Stewart, who appeared for the
trustee, said he wanted to suggest the
allowance of fee to the trustee, and
to himself as attorney.
1T seems to be not improper for me
to state,'' said Judge De Bolt in reply,
that the old man has a right at ac-
ton to recover the $10,O paid to Maria
S. Davis, and the $4,000 to Victoria
Buffandeau, and $4,000 to VIM. S. Ellis,
and $4,000 paid to John S. Ellis, from
the simple fact that it was paid without
consideration and under a misapprehen-
sion, and the same thing relates to Mr..
Cathcart Now as to the attorneys
fees, the evidence shows that $500 was
paid to Mr.. Highton, and $500 was paid
to Mr.. Ma COON, $500 to Mr.. Davis and
$500 to the firm of Humphreys, Thomp-
son and Watson. Now without stating
expressly the thought I have in my
mind, l want to say that it seems to
me the old man has been robbed.
These parties have no claim for the
$40 000 thaV received The ATTORNEYS
fees all around were simply outrageous.
The idea of fee of $4,000 for a little
probate case. Think of it gentlemen,
a little probate guardianship case, and
imagine the attorneys getting $4,000.
1t may be remarked also that it seemed
immaterial who the attorneys were,
John K. Sumner paid the bills all the
same, whether they were for or against
him. The fees were at least one hun
dred per cent too much, if not greater.
The Catholic church received $40 900,
whether as a gift or not 1 don't know,
but it seems to me that it is able to
pay your attorneys fee out of that
sum. 1 don't think John K. Sumner
should be called upon to pay out any
more money, when out of $110,0 900 he has
only $4,000 left. and has had to fight for
that It is about time a halt was
called
Judge De Bolt stated further that he
believed attorneys should be properly
compensated; that the law was a high
and noble profession and that there
We're magnificent acts of justice which
an attorney could perform. He said
that an attorney should not always
have the almighty dollar in view, and
even though he might wish to accumu-
late money, this could be done by
charging reasonable and just fees. The
court further stated that he understood
that Mr.. Kellet did nothing but allow
the use of his name as trustee not do
ing any work, and that he would lot
allow anything for such services
though he believed the clerks should
be paid when they acted as masters,
etc.
Stewart replied that after the Bishop
was discharged he had been appointed
by the court to carry on the case, and
was entitled to compensation, however
small an amount was allowed. Judge
De Bolt stated that he did not believe
he had any authority to order the pay
ment of one cent out of the fund be-
longing to Sumner, and as the church
was the interested party it should pay
the fee.
George Davis then arose and said he
thought the remarks of the court were
III N4ie main i-Siit, put DIS regards cOun-
sci, he would say out of court: You're
the limit" He said he had defended
criminals for nothing, and befriended
widows and orphans, and that if it had
not been for him Sumner would have.
got only 800 900 instead of $4,000. So
that the Oahu Railway really paid his
fee, and that of the other counsel, and
not Sumner. He told also of his orig
inal work in bringing the injunction.
and said he had worked night and day
on the case. Il don't think the bar is
entitled to all the censure it has re-
ceived. and 1 don't want to be under
the singing rebuke and fire of your;
HOnor's Misrepresentation
Humphreys stated that before the
taking of evidence, the position of his