The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1885-12-19

or bogus order upon the defendants is en-
tirely uncalled for, and is an insult to the
Court and its officers and TO the opposing
counsel and their brother practitioners.
Messrs. Ashford must know that no bogus
order can be, or ever has been, issued by
any Judge or officer of this Court. The
practitioners therein are honorable gentle
men, and would scorn the iIsinuatiOn of
lending themselves to such practices.
Again, ! am satisfied that Messrs. Ash
ford or one of them, did on the 81 of Novem-
Der, knowing that the motion to dissolve the
injunction had been denied, advise the de
PENDANTS to misappropriate the several
sums of money taken by the defendants.
Mr.. Rowell says an extract from the letter
was read TO him and the defendants say
they received such advice. The letter has
not been produced and must therefore be
taken to be as alleged.
l do not wish to prejudice the defendant
and the other parties engaged in this iti-
CATION in delaying the proceedings by
compelling them to obtain other counsel,
and for that reason solely refrain at this
present time from doing what, under other
circumstances, 1 would feel it to be my
duty to do. The authority of the Court
must be maintained, and not set at defiance
by practitioners therein especially.
l will now pass to the other questions
involved, and l cannot say that l am at all
satisfied with the conduct of the defend
ants. The statements in their atfidavits
and the manner in which they gave their
testimony are and were evasive and pre-
varicating, and not calculated to impress
me with the idea that they were telling the
whole truth, 1 see no reason to doubt the
statements of Messrs. ROwell & Webb.
The fact of the entries in the cash book
being made at the instigation and direc-
ton of the defendants is conclusive to my
mind that-even up to that time they con-
sidered themselves the servants of the
plaintiff company, or why claim damages
for wrongful dismissal.
The charge of $500, taken to pay
for legal expenses in this suit, is one of the
most bare-faced Interpretations OF
money it is possible to conceive, although the
entry is made, as stated, to show it was IAN
honest deal"
l observe that the sum of $500 had been
charged against the plaintiff on the 18th
October for legal expenses. l had hoped
that the defendants would, after what
passed in the hearing, have done some
thing to put themselves right with the
Court, and am sorry they have not thought
fit to do so.
Mr.. RowelI gave the defendants good adj
vice and explained the law (althOugh not a
lawyer correctly to them.
However enormously or irregularly an
injunction is obtained it must be implicitly
observed. party affected by it cannot
disregard it or treat it as nullity, but
must have it discharged on a proper appli
cation.
Under these circumstances have moth
ing further to do but render my decision
| 1 find, and SO adjudge, that the defendants
| by their conduct on the 23d of October, IL
| refusing to comply with the terms OF thu
| injunction-and continuing in such refusa
! from that time up to the present, by re
tanning the several sums of 81 900, 5000 anC
$500, part of the property of the plaintiff
| to deliver up to the plaintiff, or its ap
! pOintee, the property OF the plaintiff il
| their possession, one and each of them
guilty of contempt of this Court. Anc
order and adjudge that for such econ
tempt they severally stand committed t
the custody of the Marshal, to be i'm
prisoned in the common jail i'll Honolulu
there to remain until they shall pay int
Court, subject to its order, the said severa
sums of $1,000, 5000 and 5000, making
together the sum of $1,000, and that tn
defendants pay the costs of these proceed
ings
From the peculiar position of the de
PENDANTS and their family, and believin
that to u great extent they have been lea
to act in the way they have through bein
badly advised, will direct that the com
mitment shall not issue before 10 o'cloc
on Monday next. EDWARD preston.
Honolulu, December IS, 1885.