The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1903-01-13

tying up John K. Summers money unit
the Supreme Court, and perhaps TIT
United States Supreme Court. can de
J eide that the old man is entitled to it
The EIlises, who have been so solicitor:
of the old mans comfort, magnani
mously made an offer through their at
torney to permit Sumner the use o
twelve per cent of his own money IN
til the case is decided. That is, they
are willing that he should draw out
4 monthly for his own support about s40C
and having received all they are en-
titled to from his estate in Hawaii, are
willing that his business interests il
Tahiti may get along as best they can
without the capital needed for their de-
velopment and for which he paid them
$4,000 apiece.
Judge De Bolt signed the decree yes
terday afternoon awarding to Sumner
the $4S, OPS now in court and Humphreys
gave immediate notice of appeal. The
court stated that it wished very much
to disallow the appeal and give Sumner
his money, and asked counsel to show
him authority for disallowing the ap-
peal After over two hours discussion,
however. Judge De Bolt stated that he
was bound by the statute and however
unwilling TO permit interference with
Sumner. he was compelled to allow the
appeal.
One of Summers attorneys said after
the granting of the appeal, that it was
evidently the purpose of the Ellises to
tie up the money and carry the case to
the United States Supreme Court in the
hope of extorting a compromise from
Mr. Sumner. He stated further that
the charge against Magoon & Peters
and Davis, that il was their intention
to disqualify Frear and Perry so that
attorneys would have to be called to sit
on the Supreme Court bench. original
ed in Humphreys own mind. If the
case can only be prolonged long enough
to outlast Summers life, the estate viii
probably have to be divided among his
heirs. There was already some talk of
compromise yesterday, and Sumner may
be induced to part with more of his
thousands in order that he may be per-
mitted to spend his last remaining
years in peace.
When the decree was presented for
signature yesterday Davis rose to a
question of privilege, and for half an
hour the court room was filed with a
recital of his virtues, the struggle to
retain his character" the faults of
others and the efforts of gigantic local
corporations to keep him down, mean
ing particularly the Oahu Railway.
Davis explained and gesticulated and
threatened and then after he had been
talking wildly for half an hour, Judge
De Bolt calmly said that he saw no
reason for changing his remarks con-
corning the attorneys.
Davis said that he had worked night
and day, and then carried on the negc-
tiations for the settlement, and if it
hadn't been for him Maria Davis would
have received only $1,000 while the
Ellises would have got S25, 900 apiece.
He claimed that the property brought
SO 900 more because of his efforts, and
that this was the money paid to the
attorneys. Davis said he brought the
guardianship proceedings because he
didn't believe that Sumner had tesla
mentary powers and that he didn't rob
any one. If the court thought he got
too much he was willing TO pay back
part. II any man was to blame for
leaving the old man in the condition lie
was, Davis said it was W. r. Castle,
who had drawn the deed without ex-
press power Of revocation. Davis re-
ferred also to the difficulty he had
lighting the large corporations which
encircle these islands and have them
n their grasp" He said that the Oahu
Railway had threatened him with all
sorts OF things for bringing the suit,
even TO imprisonment. but he wasn't
o be frightened by corporations.
Humphreys said that Davis had made
nisstatemen1 of facts, and that the
oahu Railway had agreed to pay s105,-
90 before the suit was brought: as 10 :
What became Of the extra 5000 ne did !
It know. though he said that perhaps T
Davis knew. Davis replied that maybe ,
he statement was correct, but at least !
e got 5000 extra which was for the
hreys then stated that he wanted the :
ecree Of the court 10 show that the
15.c00 paid by Sumner had been
through extOrtion and bIackmail. \
The decree was then signed and Hum 7