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

IN THE NATTER OF F. NJ WAKEFIELD and W. S.
WISE, Attorneys Law
SUBMITTED AUGUST IS 1897. DECIDED Auousr % 1897
JUDD CT. FREAR WHITING, j.
acting for client in one
matter to bring action closely
having gains
OPINION THE COURT BY JUDD CT
We do not hold the Attorney the rules of
pleading information against attorney
misconduct The essential thing present
tive of the charged gross misconduct will apprse
Court and the respondents the misconduct
The conclusions of law in the information which objected
by counsel for the respondents opinion, merely
specific allegations why the recied show
abuse OF legal They do prejudice the respondents
for the Court will form testimony
Possibly if they in the information the Attorney
make his chaoes-not allegations of fact
specific. For these denied the
pnge demurrer inerpoed and overruled being
opinion that an investigation of the facts was essential
We find the facts of this be succincy follows
In May last the American ship ndana lying anchor
in the bay of Ho Island of Hawaii the ladng of her cargo
foE New York being nearly completed
board shipped in Yokohama for voyage Hawaii and
York named Summers Mace had deserted from her. had been
arrested and returned the vessel 1t discovered that
vessel leaking consequence of holes that had been
bored in her. The United States Consular Agent the
said port of Hilo, Mr. Chas. Furneaux, made exam
nation of the and his suspicious fell upon Mace the
perpeaor of this oense he requested the sheriff of the island
Mr. L. A Andrews arrest him. with the intention that he be
dealt with by the local authorities 1t be mentioned here
that the alleged oene being committed foreign ship
in considered be within the jurisdiction of
local authorities concurreny with that of the home port The
arrested and brought before the District Magistrate
South Ho and charged with malicious injury attempting
disable the suggestion the sheriff and on the
request of Magistrate Mr. F. NJ Wakefield duly
licensed attorney of this Court undertook defend the
Mr. Wakefield brought Mr. w S. Wise also duly licensed at
into the his assistant This the Sd of May
last By mutual consent the continued the 9Th of
May owing the sher press of business preparing his
ca returns and finally for the Sth On the 4th the
tain officers and all the the Indiana captains
three other vessels then the witnesses the and
requested the sheriff to them He told them that he
intending ask nole prosequ of
be useless the subpoena The subpoena originally
made reurnabe the 5th and changed the 8th On
that day the sheriff entered noe proequ Immediately there
after the respondents filed declaration behalf of Mace against
the captain of the Indana the sheriff and the Consular Agent
claiming damages, OOOO for malicious prosecution Mean
while the Consular Agent the against Mace having ended
had given the sheriff request Mace placed
board the ship There delay in executing this
quest and while Mace custody of sheriff.
respondents process against
Mace Ascending debtor under the following
Mr. A. B. Loebenstein the evening before, May 7th
casually the respondents the office of Mr. Wakefield where
he and Mr. Wise legal Upon being
told the circumstances of the arrest of Mace and his to
be dropped the next day Loebensten asked he would
hep them OUT This explained to that he asked
furnish the costs and fees for the suit of Mace against the
captain the sheriff and the Consular Agent for malicious prose
cuion He answered that he would think and the
morning when Mace, procure
for the purpose above indicated asked for it, he said he would do
and procured demand from Mace for $53 Loeben
then he check for $500 his Honolulu
Mr. Wakefield and check for $37 for costs in the
malicious prosecution suit the order of the clerk of the
Mr. Loebensten that he looked damages expected
be recovered the suit for his repayment he wished ven
up against Sheriff Andrews Loebensten says that
learning that ship sought
stop his passport and finding that the passport law did
apply attached foreign ships he requested the
sponden consider Mace could be detained here by
other After consultation with Mr. D. III.
Hitchcock partner of respondent Wise, the respondents
Guided have Mace arrested abscondng DEBTOR and
took process of Sections
piled Laws, claiming that Mace owed Loebenstein 1929
promissory of that and that was
the Republic To the District Magistrate jurisdiction the
the limit being $780, Loebenstein back of
the Cred by payment the within $685. and Loe