Evening bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1895-1912, 1903-07-28
ATTORNEY DAVIS GIVES DETAIL OF
HIS CONNECTION WITH SUMNER CASE


and respondent prays that the said
record of the said suit may be con.
sidered a part of this answer in the
same manner and to the same extent
as If incorporated herein.
9.
That this respondent received infor-
nation that the contemplated sale of
the said real estate for the sum of one
hundred thousand dollars was to be
completed on the day following the in
stltution of the said suit N equity by
the said Maria S. Davis and that the
said sum OF one hundred thousand dol
lars was to be divided between Vic
toria Ellis Buffandeau, William S. FL
lis, John S. Ellis, the Roman Catholic
Church and John X. Sumner in man
ner following to-wit. John X. Sumner
was to receive $4,000. the Roman Cath
Ollie Church $4,000 and the other per-
sons herein mentioned fifty thousand
dollars and this respondent did obtain
an injunction to restrain the sale and
purchase of said real estate which said
injunction order this respondent prays
may be considered part hereof to the
same extent as If incorporated herein
and thus your petitioner sought to pro-
teCt the rights of the said Maria 5.
Davis, the sister and heir OF John K.
Sumner and did protect her rights and
did obtain the sum of fifteen thousand
dollars In gold coin for her the said
Maria S. Davis, the sister and heir of
the said John K. Sumner and did pre-
vent the proposed division Of the
money Of John X. Sumner as herein
before set out.
This respondent generally and spec
ifcally denies the allegation in the
third paragraph Of the information that
he procured himself to De retained as
attorney for one Maria s. Davis but on
the contrary he was duly and regularly
retained as the counsel of Maria S.
Territory of Hawaii by the said Maria
s. Davis and being so regularly re-
tanned as aforesaid this respondent
entered the said suit entitled John X.
Sumner Oy his next friend Maria s.
Davis against the Oahu Railway 4
Land Company, a corporation and the
Right Reverend Gulstan +. Ropert,
Bishop of Panopolis, and entered into
negotiations with the said defendants
to settle the said suit in equity amt
did settle the same by and with the
full knowledge and consent OF the said
Maria S. Davis and did OBTAIN from
said corporation the sum of one hun
dred and ten thousand dollars for said
real estate and did obtain the sum of
fifteen thousand dollars for Maria $.
Davis out of which she caused to be
paid to me her said counsel the sum OF
! five thousand dollars for said profess
sional services, that she, the said Maria
S Davis, instructed me to retain Ma
COON and Peters as associate counsel In
the several suits and proceedings then
pending which | did duly and regular
ly, and the said Maria S. Davis in
structed me to pay the said Magoon and
Peters the sum Of twenty-five hundred
dollars for their services in the said
suit, which did and obtained the re.
ceipt OF the said Magoon and Peters
therefor, which said receipt is parity
written and partly printed and is In
the hand writing Of L. c. Peters, the
/ Deputy Attorney General of this Ter,
ritory and is in the words and figures
following, to-wit:
October II. 1902.
Received from Hon. Geo. A. Davis
twenty-five hundred dollars in full Of
share of fee in re petition for guard
ianship of j. X. Sumner.
s2,5O0.00.
(Signed) MACON & PETERS"
Z.
That the negotiations for the settle
ment OF this suit was carried on be
tween b. +. Dillingham;, Esquire, The
manager of the Oahu Railway & Lane
Company, the late Right Reverend Gull
stan F. Ropert, Bishop of Panopolis
Francis NJ. Hatch, counsel for the Oahl
Railway & Land Company, Frank L
Thompson and Henry L. Highton. Els
quire, counsel for John X. Sumner ant
Victoria Ellis Buffandeau. william S
Ellis and John s. Ellis and the sui
was settled by and with the full knowl
edge, consent. approval and to the sat
isfaction OF the said several parties In
terested and their attorneys, and tn,
said Magoon and Peters were fully ad
vised and assisted in the said negotia
lions and rendered valuable services II
connection Herewith and this respond
ent alleges and charges that the skilled
work and services performed by hin
in connection with the said suit anC
In eifecting the said settlement wer'
reasonably well worth the sum o
twenty-five hundred dollars and wer,
performed in good faith and the nego
tiations were conducted openly, fairl!
and In pursuance OF honorable profes
slonal employment and that the sal,
Maria S. Davis was kept Informed O
every step and Joined In the said set
Element and Joined in the deed OF sal
OF the said land to the said corporation
the Oahu Railway & Land Company.