The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1900-08-17
A CRIMINAL
LIBEL SUIT
Attorney Kinney Sues
{. S. Gill.
EDITOR OF REPUBLICAN
Lawyer Alleges Injury on Account
of a Publication in That
Journal.
(From Wednesdays Dally)

NFIOll w itdilysI
The climax of the controversy
amongst the lawyers growing out of the
evening, came yesterday in a criminal
libel suit begun against Edwin S. Gill,
Editor of the Honolulu Republican"
w. A. Kinney is the complainant. The
penal summons was served on Mr.. Gill
yesterday afternoon at his office by
Deputy Sheriff Chillingworth.
The complaint alleges that Mr.. Gill
is guilty of libel in the first degree In
that, the newspaper in question made a
publication which tends to injure the
complainants reputation and good
name and to bring him into contempt,
disgrace, odium and ridicule, by cir
culating the alleged libel by making
it known to others. The complaint In
full reads as follows:
William A. Kinney being duly sworn
says, that Edwin S. Gill, residing in
Honolulu, Island of Oahu, Territory or
Hawaii, within the jurisdiction of this
court, on to wit: Sunday. August H..
1900, at Honolulu and within the juris-
diction of this court was and Is guilty
of the offense OF publishing a libel in
the first degree, of and concerning said
w. A. Kinney, in that said Honolulu
Republican" a newspaper of general
circulation in said Honolulu, a writing
or print, which directly tended to in
jure the fame, reputation or good name
of said w. A. Kinney and to bring him
into disgrace, odium, contempt and
ridicule, and mallciously put said libel
into circulation. and promulgated, ex-
hibited and distributed 1t for the pur-
pose of making it known to others and
thereby in fact did make it known to
others and aided and assisted in pro-
mitigating, exhibiting and distributing
it. Said libel being in the words fol-
lowing, to wit:
Then is appended the front page ar
ticle which appeared in the Republican
of Sunday. August 12, the headlines
reading. Insult to Judges Had Been
Pre-Arranged"
(Signed) w. A. KINNEY.
Subscribed and sworn to before me
this 14th day of August 1900.
w. L. WILCOX,
District Magistrate of Honolulu.
Edwin S. Gill is commanded to ap-
pear before Judge Wilcox on Thurs
day, August 10th. at $3.50 o'clock a. m,
then and there to answer the charge
of libel in the first degree made against
him.
The day after the article appeared
lican in which he demanded a retrac-
tion of the statement that number Of
his cases had been stricken from the
court calendar. In Tuesdays Repub-
lican there was an editorial apologize
ing for the statement. In Tuesdays
Mr.. Kinney had a signed
letter in which he asked an investiga-
tlon of the charges In the Republican
that there was in Honolulu ring of
in the past" Judge Humphreys re-
quested the Grand Jury to pay no at
tention to signed statements in the
and less than six shours
thereafter the criminal libel suit was
filed.
Following is the letter from Mr.. Kin
ney to the Republican demanding re-
traction:
Honolulu, August 13, 1900
E. S. Gill, Esq, Editor Honolulu Re-
publican.
Dear Sir--In the issue of the Republi-
can of Sunday. August 12. there appears
the statement:
"Some OF the old cases that Mr.. Kin
ney was interested in, and which had
been carried on the calendar for years,
were stricken Off No valid reason was
to the Court why the attor-
ney should not be ready for trial. and
there was no reason for the cases not
being stricken off the calendar"
The statement Is false. Please retract
1t at once, and with the same publicity
with which 1t was made.
w A KINNEY