The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1897-09-04

l loebenSteIns some
days after the Indiana had sailed respondents dis
continued the case and Mace released
The sheriff testified under objection respondents
sell that he mol prosd the would
be detrimental the of ship "n
ana to dean her and her officers and witnesses until
the could be heard the appeal the
Circuit Court sitting again until July
We comment these facts follows:
az 1t perfectly proper under the
Sheriff Andrews TO mol pros the His representing
as ne did, the Attorney General equivalent declining
TO take jurisdiction of Mace had continued on the
voyage TO New DIRK he could have been tried the home port
IN the appropriate of the United The sher only
error was IN calling Mace up earlier as he had
determined to enter mol But his counsel respond
ens had agreed to the continuance the and had
altered the return day of the subpoena that if was
harmed thereby counsel did not it. The respondents
told that the against to be ended so far rs
our courts concerned Was PERCEPTIONS action
the part of the respondents charge the sheriff and his 90
defendants malicious prosecution Of Mace The dt
that hasy and iadvised in letter 27 10 the
Consular Agent and they hereupon discontinued the suit
~ The acts of the Consular Agent in requesting local
authorities take cognance of ofense charged against
his discretion.
60 The respondents the attorneys had not
been released by him when they Lobensten in prose
cutting Mace Ascending debtor was unproessona
conduct on their part and censurable.
(q The process against Mace 'abscondng debtor
he being legally attached the ship Indiana was in violation
OF Section al of the Civil Code which reads Ono legally
attached to vessel while lying any ports this Re
public kngdom shall be liable for debts he contract
while so attached
This wholesome law has been in force islands for
half century and without its aid ships could readily stripped
of their and destroyed surprising that
this law not known the authorities of o
and the District Magistrate and several attorneys there
familiar with respondents Mr. Wise having been
only few months in the country says he
it. Mr. Wakefield he of and yet put pro
of force in the teeth of might
attack it as being unconstitutional.
60 We asked what harm has been done? To this the
answer made that the sh Indana unawfuy deprived
of the services of of her And it does weigh
much with that the captain the ship complained of
it and that he is here bring his damages
CO. We not convinced of Mr. Wakefeds sincerity III
answering that he did know that Mace egay attached
the ship Mr. Wakefield knew that Mace having
and sent back the ship deserter, acting
and the presumption that he being de fdcO that capacity
de The subpoena taken by respondents giving
the of the captain officers shows that respondents
had of knowledge of who legally attached
ship.
CD The transactions above recited place the
day. they were merely hasty nconsderae acts fired
by desire and bona de getting
for themselves and their clients from the
coefendants and ignorance of orr statutes we would
it, this representation made though could
not commend it. 1t quite clear that the
enton in prison of Mace apennes sailor boy without any
reasonable expectation of getting fees of him. When
Mr. Loebensen advanced the $500 for (athough his legal
claim against him is only for 5000 the respondents
possessed of reasonable retainer but the existed
to secure the detention of Mace necessary to his against
the sheriff and themselves from the damages The respond
ents and obenen knew ought have known when they
took the note from Mace that worthless because he had
property and because Mace bound
ship and would be out of the jurisdiction of the when
his the criminal charge dropped spite
this they put in motion to dean him here The in
ference that they took this step Loebensten
Their knowledge that Mace would be out of their reach
when they put the Ascending debtors process in force
certain than when they got Mace to sign the note three
they him
keeping the ulfment of voyage that had become
obnoxious him. but this not the prime object of the suit
although it brought about that result
that it keep him in this country for his
damages which confessed by Loebenstein
up with the sheriff. Mr. Loebenstein had for
about his money for then in the of the
spondents checks they should done
they then acting solely in the interests of their client Loe
bensten having abandoned Mace Loebensen confees
anxiety his money for he says that others having the
feelings enertan towards the Police Department.
"will see him through"
much that such state of affairs exists in lo
such proceedings possible Counsel duties the
besides those their clients The conclusions have
short that Mace induced the and
his and hz