The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1903-07-30

"How long did those services take|
asked Justice Perry.
"Over year as l recollect and pos
sibly over two years. There We're four
or five separate suits that lasted over a
long period"
Judge De Bolt was called and testified
that Davis conduct in court had been
that of a faithful attorney for Sum-
ner. De Bolt would not say the sum
ner trial had been a long and tedious"
one 1t had been long, but De Bolt
said as to tedousness "all trials are
alike to me-"
AS to the work of counsel in the trial
De Bolt thought that the ablest argu-
ment on the crucial point, that of the
revocability of the trust deed, was by
f. c. Peters, Magoon's partner. All the
counsel, Davis, Magoon and Peters
handled both law and evidence. but
Magoon dealt specially with evidence
and facts.
De Bolt said in answer to Perry that
he had not passed upon the question of
amounts of fees.
During the trial 1 was asked to set
tie the fees and refused" said Judge
De Bolt 1T was my opinion that all
would lose if they got nothing more,
though that might have been going a
little too far" De Bolt said that he
was little surprised at the conclusion
of the case to find that the contract
Davis had with Sumner was note.
De Bolt testified as to a very ma
terial amendment secured by Davis.
to the Sumner complaint and Davis
asked if tt was not the most material
matter in the entire proceeding, but
the question was disallowed.
w. G. Cooper. cashier of the First
National testified that a time deposit
certificate for $40 900 of Summers money
was made out, on Davis advice. 1t was
cancelled because Sumner refused to
have it,
"How much of Summers money is
left now?" asked Davis. The question
gave opportunity for interesting re-
velations but Cooper said he was not at
liberty to reveal such a matter and the
question was disallowed.
S M. Damon testified that he had re-
fused to cash the S4SO25 check be-
cause he had heard of a trust deed af-
fccting It, The witness said he gave
no other reason and the court sus-
tanned his refusal to answer as to whe-
ther the money had been deposited SO
that it required the o. X. of Magoon
EX-Judge Stanley testified that he
had often heard Davis character dis
cussed and that his reputation for in
tcgrity was good.
Davis closed, stating that but for the
time it would take he would call every
member of the bar to testify as to hi:
reputation except Andrews and An
/ drade-and possibly Thurston."
, Wylie was called in rebuttal and de-
ried that Davis had threatened t
withdraw if the trust deed to Wyli'
; was not cancelled. Wylie testified tina
Davis was after him to get into the cas-,
, denied that Davis had got $4,000 fo1
him and his mother and that S. NJ
, Damon had ever said that Magoon''
: O. X. was needed on the check for $4S,
O25.
r Magoon was called as the last wit
: ness in rebuttal, and he contradictet
many of Davis statements. MagooT
said that with the exception of an in
| terlocutory decree and some minor pa
pers, all the pleadings in the Sumner
| case We're drawn in his office. He said
that Peters and himself had gone into
the whole case just as if Davis was moi
employed, denying Davis statements
that the law was left to him and the
facts to Magoon. All the consultations
with witnesses were with Magoon, said
the latter, and the interlocutory decree
for which Davis claimed credit, was
the result of the combined efforts OF
al 1.-The attorneys for both sides. Ir
the last Sumner litigation, which Is
still on appeal Magoon said that he ap-
peared alone in court and filed and
successfully argued the motion to dis
miss w. S. Ellis petition to declare
Sumner insane
Both sides closed and the court toe
q decess to two o'clock this afternoon
giving each side an hour for argument