The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1904-02-13
DAVIS GIVES
TESTIMONY
Says Kinney and Judge
Ffebbard Advised
Resistance.

When the prosecution rested in the
the Federal court yesterday, the re-
spondent moved for a dismissal of the
charges against him. He said that the
burden of proof rested on the United
States and the District Attorney had
failed to establish a single fact to his
discredit. District Attorney Breckons
he accused of piecing the evidence to
suit the prosecution. For his part.
the respondent said he would carry the
| case if necessary to the Circuit Court
of Appeals at San Francisco, to the
Supreme Court at Washington or even
to the President of the United States
Mr. Breckons,. replying, contended
that there were facts brought out
which required explanation. Davis,
having sought the investigation, ought
to be willing and ready to explain
everything that was not clear. He
enumerated certain phases of the case
which he deemed to require explana-
49, ANAi4 hiAC ACSp OihCllNs
Judge Dole, ruling, conceded with the
argument of the District Attorney. 1t
would be better for Mr.. Davis, the
court and all concerned if the respond
ent made all things clear The court
was not familiar with the matters at
issue. not having followed the publish
ed reports of the trial in the Supreme
Court of the Territory It would be
the stand and made a statement on his
own behalf. Therefore the motion for
dismissal would be overruled
Mr.. Davis went on the witness stand
days session was occupied in his re-
cital of his connection with the Sum-
ner litigation, besides a good deal of
biographical information extending
back to the beginning of his profess
sional career. Amidst a little new
matter he told of an agreement draw
up by j. Alfred Magoon, which the latA
ter induced him to sign as associate
counsel and which he signed without
reading it, whereby the attorneys for
Mrs. Davis and son. r. Wyllie Davis,
were to obtain one-third of the prop
erty recovered in their suit. This
agreement he locked up in the desk Of
his house parlor and forgor all about
until after his return from San Fran
cisco. when he thought of it in con-
nection with his petition for rehear-
Ing in the Supreme Court.
While in San Francisco Mr.. Davis
asserted, he met Mr.. Kinney on the
street, who told him ne considered the
disbarment decision was an outrage
and advised him TO fight it. Also ne
saw Judge Hebbard who advised him
to return to Honolulu and fight the de-
cision t. the bitter end
Mr.. Davis mingled argument with
narrative, without check by the court.
He contended that Justice Perry hav-
ing always maintained a state Of flic-
ton with him was disqualified to have ..
sat on his first trial in the Supreme
Court. Justice Perry he alleged had,
with one or two exceptions. invariably
dissented from Supreme Court opiH-
ions rendered in favor Of clients iie
represented. This after he perry as
Circuit Judge twice fined and once i'm
prisoned him for contempt
As to Chief Justice Frear, the re-
spondent said he was both a stock IA.
holder and a trustee of the bondholders,E
IN the Oahu Railway & Land Co, and
had been paid an annual salary Of $500
by that corporation since 1891. There
fore, when Justice Perry. in writing
the decision disbarring him Davis
had stated as one of the grounds that
lie had blackmailed the o. r. & L. Coz
/ condition was created which disquali-
led Chief Justice Frear