The Honolulu republican. [volume] (Honolulu, T.H.) 1900-1902, 1900-08-17
BIG DInlef SUIT
AGAINST ADVERTISER.
It is Brought by Eu-
gene Avery For a
Large Sum.
ARTICLE WHICH CAUSED TROUBLE.
TWENTY THOUSAND DOLLARS
THE sum AVERY ASKS FOR
WOUNDED FEELINGS.
The Outcome of Yellow Journalism
in This Territory-PlaintifFs
Complaint In the
Action.

for SO. 900 for libel, as predicted IN
The Republican Of August 9Th On
August 7th, while Mr.. Avery was on
the Australia awaiting her departure
for San Francisco, he was unceremoni-
ously arrested on the charge of en-
bezzlement, sworn TO by W. c. King.
On the Sth of August he was tried In
the police court and honorably aeaut.-
ted, it being conclusively shown that
Avery was partner OF King in an ad-
vertising scheme.
On the morning of the sth the fol-
lowing uncalled for article excoriating
Avery appeared in the Advertiser:
Caught on the Ship.
Actor Avery Would be an Abscou-
der.
Taken OF the Australia
Collector for King Brothers and
Former Southwell singer Defaulter
Eugene Avery, collector for King
Brothers, the Hotel street photograph
ers, was arrested yesterday afternoon
as he was about to sail on the Austria
liza for the mainland with Sl2 of King
Brothers funds. a police officer
served the warrant upon the abscond-
ing collector while the latter was n
hiding in the bow steerage of the yes
sci, with a telescope vallse near by IN
which most of his belongings were
packed for hasty flight.
Avery came to Honolulu with
the Sonthwell Opera company anu
played for some time at the Orpheum
theater until that organization depart
ed fer other scenes of conquest. Avery
was left behind and his financial status
was not of the best when the rest Of
the company waved him last good
bye W. H. King was applied to for
work and after satisfying himself as 10
the ability of the man he engaged him
to assist in the general Office work AMI
collecting outstanding bills. About
two weeks ago Avery asked Mr.. King
TO ADVANCE him some money on his re-
turn ticket to San Francisco, but this
Mr.. King refused to do. Avery lived
at the Orpheum hotel, but times were
not prosperous with him. Yesterday
Mr.. King had an inkling that his col
lector was about to resign his position
without the formality Of telling MIR.
King about it. King came to believe
that Avery intended his resignation
should come to light after the Austria
liza was far out at sea.
Yesterday afternoon at O'Clock
| Mr.. King sent friend of Avery's 10
the latter's room in the hotel and there
found his trunk packed and strapped
ready for the baggageman. Then the
same friend was sent to Avery in the
store and asked for settlement OF his
accounts. He has been collecting maly
bills since the first of the month, Out
his returns were unsatisfactory to the
proprietors. Avery said he had moth
ing to turn over at that time and did
not have bean OF the company S
| money.
| Nevertheless Mr.. Kings suspicious
became aroused and a warrant OF ar
rest was sworn out charging Avery
with being guilty of violating section
157 OF the Penal Laws during ole
month past, to and including the 7th
day of August, 1900, and having in his
keeping and possession certain moneys
belonging to King Brothers of the
value of $72 and without the consent
of said King Brothers fradulently con-
veying and disposing the same to hi:
own use and benefit.
1.-The Australia was watched during
the afternoon and at o'clock Mr.
King. accompanied by the officer will
the warrant, went through the ship
Suddenly they espied Avery hidin,
away in the bow OF the vessel in tn
steerage quarters. He was completed,
surprised and remarked that it wa
all up with him. He stated then AM
there. however, that he hadn't cen
on him or in his baggage, and the,
couldn't expect to get blood out of ;
turnip.' Despite his protestations .
Innocence he was escorted up For
street afoot in the keeping OF the off
Ger. He was attired in a dark suit &
clothes, white catching cap and car
ried his little telescope valise.
AT the station when searched ii
pockets gave up so cents in silver,
pocket wallet with cards and memo
Irandums therein, tobacco pouch,
flute made of bamboo stick, homo
made. and morphine outfit which
begged the officers to allow him .
keep. The most startling disclosur
was contained in q white silk haaG
kerchief which was taken from an II
ner coat pocket 1t was tied in knl
and when open, there lay i've $40 gol
pieces and two fives-sso all toi'
When this was laid out on the counts
Avery said they could put him an,
where. he didn't care.
George d. Gear was sent for By A.
ery's friends and had consultation
regard TO his affairs. Later Avery VI
admitted bail in the sum of $500,
bond being furnished by Mr.. FuIle
toaH
In Ayery's suit for damages again
The Advertiser this article is the bas
of his complaint He complains u;
the Advertiser injured his reputation
character and standing in the COZ
immunity and brought him into publ
.coaferapt and ridicule BY falsely al
maliciousiy writing. publishing al
circulating the matter In the said 3
ticie.
Davis and Gear are Avesy's alto
neys.
Avery has also brought suit in d
United States District Court again
King for 5.ceo 1t Is q tort procee
ing.
Yesterday the grand jury present.
an Indictment against Avery Tor 81
y nezzlemens-