The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1910-09-09
where THAYER COT
HIS PHILIPPINE MONEY
Gear Supplied 1t From the
Funds of the Sumner
Estate.

The secret ms to where Afford Finley
Thayer got his money to go to the
Philippines and buy up sugar estates
or at least as to where he got part
of the money, is out. 1t came from the
estate of John X. Sumner and was
loaned to Thayer by A. ". Goar who,
until he was summarily removed, was
attorney-infac for Sumner.
And that isn't all. A. v. Gear, as
attorney-in-f for Sumner, loaned
$4,000 to the Francis Levy Quitting
Club, of Fort street, the dollar week
concern that on that basis furnishes the
latest "nobby suits" to the gilded
youth of Honolulu. And A. ". Gear
is the principal stakeholder in the
Francis Levy Quitting Club. The in.
corporation papers of the firm show
that it is incorporated Cor $4,000, of
which $2l 900 is said to be paid in. A.
v. Gear, for himself, is down for $500
worth of stock; A. V. Gear, trustee,
$500; Manuel Marks, So; Francis
Levy, $500; Francis Levy, trustee,
5000; w. p. Straueh, So; p. L. r.
Strauch, $4,000.
Gears accounting for his steward
ship of the Sumner estate shows that
he loaned James Kirkland $685., of
which sum $2l4 has been repaid. OF
the balance of the $6227.95 which Gear
acknowledges to having received, he
paid into court the sum of $199.35. The
balance, aside from the loans above
mentioned, went for "expenses," such
as hack hire, stage fare, grave digging,
support of John X. Sumner and re.
cording fees.
This accounting, which Gear was
finally compelled to make, places him
in a position that is rather unenviable
and he may, according to statements
made by court officers, be brought to
the attention of the grand jury.
1t was on November 4, 1909, that
John X. Sumner appointed Gear his
attorney.in- fact. But Sumner was in
no wise satisfied with A. VS. admin
istratiOn of the affairs of his estate
and on May last he revoked the
power of attorney under which Gear
held and appointed John Marcallino his
attorney-in-fact.
Marcallino promptly wrote to Gear
for an accounting, but Gear refused to
render it, claiming that the power of
attorney under which he had held was
irrevocable' and he was still Sumner y
attOfney-ln-1act. MarcalllnO then sued
Gear in the circuit court for an ac-
counting and won But Gear took an
interloeutory appeal to the supreme
court, where he again lost and the
ease came back to the circuit court.
Gear answered, again claiming that his
power of attorney from Sumner was a
trust deed and irrevocable. Sumner
moved for an interloeutory decree for
an accounting, on tho pleadings, and
his motion was granted and Job Batch.
elor was appointed Master. Last
Monday Gear finally filed his accounts,
which disclose the condition Of affairs
above outlined.
MarcallinO, the present attornoy-in-
fact, is greatly ineensed at the de-
moralized condition of the Sumner
estate as turned over TO him by Gear
and ho and job Bachelor win refuse
TO accept Gears final accounting
They propose TO 90 to the courts and
try TO get something out Of Gear for
Sumner. One Of them even hints that
the attention Of the grand jury will be
drawn TO Gears conduct.
As Gear is bankrupt, 1t may be Diff
iicult to get anything out Of him for
Sumner by ordinary civil process.