Evening bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1895-1912, 1903-07-29
ATTORNEY MACON TESTIFIES AND
SUBMITS CASE WITHOUT ARGUMENT


quite Ave hours. taking up the after
moons Of Monday and yesterday, the
proceedings in the Supreme Court In
the matter Of Information brought
against J. A. Magoon by the Attorney
General, alleging professional i'm
prieties, came to a close at p. m.
| yesterday. the case being submitted
without argument
At 1880 o'clock, when the trial was
resumed. the prosecution called Wyllie
Davis to the stand, resting with the
conclusion of his evidence. Magoon
was the only witness in his own be-
half, informing the court before taking
his seat in the witness box that, II he
were defending anyone but himself in
the matter, he would there and then
move for a dismissal Of proceedings on
the ground that the prosecution had no
case, that II had completely failed to
establish case, that II had been I'M
successful in supporting the allegations
by the evidence.
Magoon stated that he took the
stand in his own behalf, not because
he considered 1t necessary, but because
he wanted the fullest investigation OF
the whole matter and wanted to give
the prosecution the opportunity to
question him on any and all subjects.
On leaving the stand respondent an.
nounced the completion Of his case
The court suggested leaving argument
of counsel over until this morning.
Magoon said he did not wish to make
any argument and the Attorney Cen
eral stated that he was willing to sub
NIT the matter without argument.
Then the Davis case will come up
at 10 o'clock tomorrow morning." said
Chief Justice Frear, ordering that
George A. Davis, against whom infor.
nation has also been lodged, be noti-
fed to be ready.
Their Honors personally asked many
questions Of witnesses. Associate Jus
tees Perry and Galbraith particularly
seeking light on the value Magoon
placed on his various services in the
Sumner proceedings and the details
Of the payment to Magoon by Sumner
Of fee of $4,000.
Before the Attorney General called
his last witness, he asked IL respond
ent would admit receiving S3S7.50 from
Sumner. in addition to the $4,000 stated
in the information. The 1887. so includ-
ed money borrowed by Wyllie Davis
and Ropert-Sumner trial expenses. Ma
COON admitted the facts, explaining
how he had advanced sums to Wyllie
Davis for the support Of his uncle.
Sumner. while the latters estate was
held in litigation.
Summers nephew. Wyllie Davis, took
the stand and testified to having re-
ceived s3S750 from Magoon.
what for?" asked the Attorney Cen
eral.
For living
who owed Magoon this money, you
or Sumner"
II owed the money"
who kept Sumner during the Rop-
srt case?"
my mother Maria s. Davis)."
The Attorney General handed wit
ness a paper and asked IL It was an
account OF sums Of money received by
him from Magoon. Witness said II
was.
when did you receive these ad-
vances from Magoon?"
Witness gave the following dates:
April 10, 81, 90. 81, May 2, 4, Is, 81
June /. 4, l6, 22 and 30.
Associate Justice Perry asked how
long after Sumner had received his
siS,025 from the Court the $3S750 had
been paid to Magoon.
well. want to explain" said the
witness.
Answer the question first and make
your explanation afterward." said the
Associate Justice.
1T was little while after the pay
ment Of the s4S,025," said witness.
How long ago?"
Maybe two weeks, or Whereabouts
Wyllie Davis identified Magoon',
receipt for the $4,000 fee. He gave the
date Of payment as July 26 Qast Sun.
day.. He told how Sumner had given
him a check for $4,000 to cash at tbs
First National bank to pay various ex'
penses, taxes, interest on mortgage
water rates and so forth. Later hi
found $4,000 OF this amount was un'
accounted for and he asked his uncle
Sumner. what had become of II. Sum
ner said he had settled Magoon's fee
Witness said he afterwards went u
the bank with Sumner when the cash
Ter wanted to change the certificate o.
deposit from $4,000 to $4,000. Wit
ness asked Sumner to explain. Sum
.. ner said he had paid Magoon $4,000
When they went home a conversation
was had in regard to a receipt. Sum
ner looked all over for a receipt.
"Uncle did not say that Magoon hat
given him a receipt" said witness
but he looked around for 1t. just tn
same, when asked him about IT,
Later, deciding 1t was well to have
receipt. they went to Magoon's ofiic
and asked him for a receipt.