The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1904-03-17
GEO, DAVIS
SUSPENDED
Judge Dole Finds Him
q Guilty of improper
Conduct.

| Court for three months.
While the decision was being read
| by His Honor the respondent sat in
front of the bench, his knees braced
against the table used by attorneys
| engaged in court. District Attorney
Breckons, who prepared and prosecuted
the information against Davis, occu-
pied his usual place at the right of the
table. About a dozen other lawyers
were present, but few lay spectators.
An air of grim determination to fight
any fate made rigid the respondents
features His brow clouded somewhat
at the point where Chief Justice F'rear
was held to have not been disqualified
to sit on the disbarment cases in the
Territorial Supreme Court. There was
clearing weather at the entertaining to
some extent of Davis's charge that JUS
tice Perry's attitude toward him was
one of hostility and bias.
1t was when Judge Dole read his find
ing that the respondent had not pro
S. Davis" that Mr.. Davis almost pro-
duced comedy by a spasmodic read
justment of pose. Wheeling half
about in his chair he winked knowing
ly at the members of the bar ranged
upon row of chairs behind, while his
face took on a pleased expression that
lasted only until the decision revealed
passages of doubtful compliment and
darkening promise for him. Thence
forward he held his profile toward the
court training one ear intently as if to
catch every word until the end.
LENIENCE AND VENGEANCE.
Immediately after Judge Dole con-
cluded the reading, Mr.. Davis was on
his feet. He asked that Magoon and
Peters be forthwith cited to appear and
receive judgment of the court for hav-
ing prepared and'signed the agreement
on which, in large part his own sem
tence rested.
Almost in the same breath he i'm
plored the judge, before the Judgment
should be entered up, to reduce the SEN
tence of suspension to one month.
There is no use for me to appeal to
the Ninth Circuit Court of Appeals"
he explained, because before my ap-
peal could be heard the term of sus-
pension would have expired.
Your Honor should take into con-
sideration that I have been deprived of
practice in the Territorial courts since
August, which ought to be punishment
enough
He spoke also of having been depriv-
ed of his office of District Magistrate on
account of his Territorial disbarment.
When Judge Dole reminded him that he
had in the meantime been a practition-
err of the Federal Court, Davis plain
lively said he had done but little there
only one case he thought.
Judge Dole stated that he had con-
sidered all the circumstances and his
conclusion was that given in the de-
cision of the court. Then, after Davis
had come again and again to the plea
for leniency, the judge repeated his
assertion, adding, "a suspension for
one month would make the proceed
ings appear trivial"
Between the prayers for reduction of
sentence, the respondent clamored for
the citation of ]. Alfred Magoon and
his former partner, E. c. Peters, the
present Deputy Attorney General. He
said a great deal in little time about
the agreement" arguing his alleged
objections to it when it was drawn and
Magoon's chief accountability for it.
And he is up there conducting gov
eminent cases, while 1 am disbarred
for what was done by Magoon & Pc
ters." This was in reference to the
Deputy Attorney General.
Judge Dole offered to speak once or
twice but could not break into the flow
of eloquence at the bar.
Mr.. Davis. getting no response to his
motion for the citation of Magoon and
Peters, turned f1ercely toward Mr..
Breckons with the exclamation:
I demand that the District Attorney
of the United States prefer charges to
this Honorable Court against j. Alfred
Magoon and E. c. Peters 1t is his
bounden duty under the statutes
Mr.. Breckons, pacing to and fro
across the courtroom, replied with the
remarks:
Il am not going to bring disbar,nent
charges against any attorney of this
court excepting under orders from my
superior in Washington. 1 have had
enough of it"
Mr.. Davis, finally on this subject,
complained bitterly in effect that the
court ignored its own findings relative
to the wrongdoing of Magoon and
Peters.
Judge Dole told him shortly that he
was speaking without authority.
At length the respondent went back
to the row of chairs and sat down
murmuring as he turned away from the
bar that he must bow to the decision
of the court.
THE DECISION.
Following are some of the salient
points of the decision, beginning with
this statement of the charge:
On the 10th of August, 1903, the SUI
preme Court of the Territory of Ha-
wall, decided, in re George A Davis.
an attorney-at-law. that the respond
ent be and he is hereby disis-