The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1904-02-08

dollars, at the Banking House of Bish-
op & Co., without interest.
(Sgned) JOHN x. SUMNER"
That at the time of receiving said
note said Davis had given no value |
therefor, but the said John *. Sumner
misled by the misrepresentation of
said George A. Davis, believed that said
note was necessary to insure the OBJ
tanning Immediately of the sum of
Forty-eight thousand and twenty-five
(4S,025) dollars by the said George A.
Davis from the aforesaid bank; and
that upon the failure of the said George
A. Davis to obtain the said sum, said
note would have no value or effect.
That said George A. Davis, in viola
ton of his professional oath, and duty
as an attorney and professional adviser,
thus falsely and fraudulently obtained
said note from the said John X. Sum
ner, and refused to return the same,
and kept the same, and did not obtain
from the bank the sum of Forty-eight
thousand and twenty-five (4S,025) dol
lars as he had represented himself able
to do, and was thus guilty of gross pro-
fessional misconduct, deceit and inf
deity to his client.
"Seventh.-That on or about the Goth
day of October, 1902, Gulstan F. Ropert,
as Trustee for said John X. Sumner, fill
ed petition addressed to the Presid-
ing Judge of the Circuit Court of the
Circuit Court of the Territory of Ha
wall, entitled "Gulstan F. Ropert, as
Trustee of John X. Sumner, plaintiff,
VS.. John X. Sumner, Victoria Ellis
Buffendeau, William S. Ellis, John S.
Ellis, Maria S. Davis, Wally Davis,
! Right Rev. Gulstan f. Ropert, Bishop
Of Panopolis and S. M. Damon and S.
| E. Damon, co-partners doing business
under the firm name of Bishop & Com
pany, Bankers, defendants. That said
George a. Davis procured himself to be
appointed as one of the attorneys for
said John *. Sumner, and assisted in
the conduct of said case on behalf of
said John X. Sumner.
"Eighth.-That on or about the 18th
day of January, 1903, by decree of the
Honorable j. T. De Bolt, First Judge
of the Circuit Court of the First Circuit
of the Territory of Hawaii, the said
trust deed to Gulstan f. Ropert was
Cancelled, and the said sum of Forty
eight thousand and twenty-five (4S,025)
dollars was ordered paid to John X.
Sumner, from which decree an appeal
was taken to the Supreme Court of the
Territory of Hawaii.
Ninth. That on or about the 25th
day of June, 1903, the Supreme Court
of the Territory of Hawaii rendered a
decision wherein and whereby the
aforesaid decree of the Honorable J.
T. De Bolt, First Judge of the Circuit
| Court of the First Circuit of the Ter
ritory of Hawaii was confirmed and
by and under which the sum of Forty
eight thousand and twenty-five ($4S O25)
dollars was paid to the said John X
Sumner.
THAT on or about the Goth day of
June, 1903, said George A. Davis threat
ened said John X. Sumner, well know
ing his weakness and inability to un-
derstand fignancial matters, that un-
less the said John X. Sumner should
pay to him, the said George A. Davis
the sum of Two thousand FIVE hundred
CS2 5000 dollars for his services in the
said action of Gulstan F. Ropert a.
gainst said John X. Sumner ct al, he
would sue the said Sumner on the
aforesaid promissory note for three
thousand $4,000 dollars fraudulently
obtained as aforesaid by the said
| George A. Davis, and would garnishee
the said Forty-eight thousand twenty
| five CS4SO25) dollars obtained by said
John K. Sumner under the said decree
in said action, and delay the matter SO
that said John K. Sumner would be
unable to obtain the possession and
control of said money, and that by
means of said threats and intimida-
lions and preying upon the fears OF
said John X. Sumner, who had great
dread of litigation, as said George A
! Davis well knew, the said George A
Davis did eXtOrt from the sald JohI
X. Sumner the sum of Two Thousand
$4,000 dollarsy And complainant
charges that the actions on the part OF
said George A. Davis were grossly i'm
proper, and that said George A. Davis
was guilty of malpractice, deceit and
nfidelity to his client in resorting t
the same.
tenth. And heretofore and on, to-
wit the 10th day of August A.. d. 1903
said George A. Davis was, by judg-
ment of the Supreme Court of the Ter
ritory of Hawaii, disbarred from prac-
tice in any of the courts of the Terri
tory of Hawaii; which said judgment
still remains in full force and effect.
Wherefore, said Robert w. Brec.
kons, on infOrma ton and belief, charges
said George A. Davis with professional
imprOprieties, malpractice, deceit an(
infidelity to his client, and gross mis-.
conduct; and asks that the said George
A. Davis may be cited to appear anC
answer this information, at the pre-.
sent February A. d. 1904 special tern
of this Honorable court; and that il
the charges herein may be sust stained
your Honor will dismiss from the rol
of practitioners, suspend from practice
or otherwise deal with the said George
A. Davis as under the pleadings and
I I l..