Evening bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1895-1912, 1904-02-17
MACON DISCUSSES
THE D..V|S BRIEF

Editor Evening Bulletin:-Realizing
the distressing position of George A.
Davis, would not say anything with
reference to his matters now pending
except that he has seen fit to say Of
me, in brief, as published in your is
sue OF yesterday. the following: THE
only evidence against me is Magoon's,
who seeks to make me responsible for
his acts. To anyone not understand
ing this matter It would appear that I
am maliciodsly pursuing Mr.. Davis.
Nothing. however, could be further
from the truth. When on the witness.
stand in the Supreme Court, I refused
to testify until ordered so to do by the
Court, and at the same time Mr.. Da.
Wis said, II have no objections to the
witness stating everything that os-
cured. All that I said before the
U. s. District Court In my direct tes
timony has never been denied by Mr..
Davis, but on the other hand has been
frankly admitted by him. and he seem.
ed to place SO much reliance on my
testimony that he made me his wit.
ness on matters which he considered
very important In his defense. When
Mr.. Davis took the stand and testified
in the last.named court, that he signed
the agreement fixing the amount of
the fees in the Ropert-Sumner suit,
without knowing the contents of the
agreement, felt obliged to contradict
him. did not produce this agreement.
He produced It himself from a drawer
where he claims to have placed 1t, and
had forgotten all about It during the
hearing on his disbarment proceedings
in the Supreme Court Mr.. Davis
could have but one of two motives in
producing this agreement on his mo.
ton for a rehearing in the Supreme
Court, after the trial of his matter in
that court had been entirely complet.
ed-frst, to benefit himself; second
to injure me. If he expected to benefit
himself by the production Of this
agreement he must have known the
contents of II; otherwise, how could
he benefit by It? II he had not known
the contents Of II when It was signed
by him 1t could by no possibility as
sist him; neither could II do him any
harm; and he should not have brought
1t forth from its hiding-place. It would
have no bearing on tise case one way
or the other. While do not wish to
deny that Mr.. Davis forgot about this
agreement during the hearing on the
disbarment proceedings In the Su
preme Court, 1t seems very strange, Ia
say the least, that man of the intel
ligence and legal training of Mr.. Davis
could have overlooked matter Of such
Importance as the signing Of an agree
ment which could have but one object
and that was to reduce to writing the
terms Of employment between himself
and his clients. II, on the other hand
his motive was to drag me down with
him. It was a most natural thing fol
him to keep the existence of this agree
ment concealed until after the trial
was ended, and II he escaped punish
ment, well and good; for then he
would have the benefit of not having
produced It; but II he was adjudged
guilty he could then bring 1t forth
with the hope that 1t would embarrass
me. While I was. and am. perfectly
willing to take every part of the re
sponsibility that am under with ref
erence to this agreement, I was moi
willing for Mr.. Davis to say, uncontra
dlcted, that he signed It without know
ing full well every word 1t contained
and to this extent only is my testimon!
opposed to him. and on mattel
brought out entirely by himself.
J. ALFRED MACON.
Honolulu, February 18th, 1904.