The Honolulu republican. [volume] (Honolulu, T.H.) 1900-1902, 1900-09-07
IV[N'S Bis DAMAGE
SUIT AGAINST King.
Return on Summons Is
Made by the
Officer.
WHAT THE COMPLAINT SETS FORTH.
TIE TWO DISMISsALs OF THE
DEFENDANT BY JUDGES
ARE NARRATED.
En%Szs <or a N1@;o- - H. r.
WHAT THE COMPLAINT SETS FORTH.
Notice for a Motion to Hear De-
Eurrer In the Avery-Adver-
tIser Case Filed by Plain
tiff's Attorneys.

Z
The Republican of the suit fled by
Davis & Gear on behalf of Eugene
Avery against William c. King TO re-
cover $4,000 damages It IS tort
action and viii be the first tort case
ever heard by a Hawaiian court, as
/ during the days of the monarchy and
the Republic of Hawaii actions in tort
were not recognized by the courts.
Ayery's complaint IS long recital Of
alleged wrongs. Avery claims $40 600
from The defendant for damages re-
sulting TO him for injury done by the
defendant TO the person, character and
feelings of the plaintiff, and for cause
of action the plaintiff alleges and SAYS
as follows:
For that the DEFENDANT, on or about
| the It'll of August, at Honolulu falsely
and maliciously and without reasonable
or probable cause, appeared before w
L. Wilcox, district magistrate OF Ho-
nolulu, and charged the plaintiff with
havig violated Section 157 of the Penal
Laws of 1897 in Honolulu For that
he, the said plaintiff, being entrusted
with and having the possession or
keeping of certain moneys belonging 10
King Brothers of the value of ST.. and
without the consent of the said King
Brothers, fraudulently converted and
disposed of the same to his own use and
benefit; and upon such charge he, the
defendant, procured the district magis-
trate 10 grant his warrant for appre-
bending the plaintiff and bringing him
before the said district magistrate 10
be dealt with according to law, and
under and by virtue of the warrant
caused the plaintiff 10 be arrested and
to be imprisoned for a long time, and
afterwards TO be brought before the
district magistrate; and the district
magistrate having heard the said
charges nolle prosequi was entered
and the district magistrate discharged
the plaintiff out of custody. whereby
the prosecution was determined, and by
reason of the premises the plaintiff was
prevented from proceeding to his home
in San Francisco on the Australia on
the said day, plaintiff having taken
passage on board of the steamship from
Honolulu to San Francisco, and the
plaintiff was prevented from going up
on the journey and from attending to
his business engagements, and was in
jured in his reputation and suffered
great pain of body and mind. and was
otherwise prevented from attending to
his business and calling and incurred
expenses in defending himself from the
charge and obtaining his release from
liz nrisonment
And for that. whereas the defendant
falsely and maliciously and without
reasonable or probable caused appeared
before the grand jury of the First Jul
dicial Circuit of the Territory of Ha-
waii and charged the plaintiff with
having feloniously embezzled s72. the
property of King Brothers, contrary to
the statute in such case made and pro-
vided; and the said grand jury there
upon found a bill of indictment against
the plaintiff. and the plaintiff was
thereupon arraigned before the Circuit
Court at the August term and was put
upon his trial for the crime of embez-
Element; and the said plaintiff was ar
rested and imprisoned upon the said
bill of indictment and was imprisoned
for long time: and the said plaintiff
was at said term of said court tried
for the said crime of embeZzlement.
and after hearing the evidence the
Judge presiding at the court dismissed
the charge and discharged the piaintif
out OF custody. whereby the prosacu-
ton was ended and determined and by
reason of the premises the plaintiff has
been injured in his reputation, char
aeter and standing and has suffered
great pain Of body and mind and was
prevented from attending to his bust
ness and calling and incurred expenses
in defending himself from the charge
and in obtaining his release from i'm
prisonment: and the plaintiff claims
the sum of $4,000, wherefore he brings
This action.
And the said plaintiff alleges that
the said several trespasses as set ont
in the several counts of his declaration
contained in this petition for process
was done in contravention of his pr;-
vate rights under the law.
Wherefore the plaintiff asks the
process of this court to cite the defend
ant TO appear and answer his complaint
before jury of the country. at Novem-
Der term OF this court, unless other
wise sooner disposed of by judicial au-
thority"
Return was made on the summons
yesterday.
Avery has also brought suit against
the Hawaiian Gazette Company. Ltd.
for see 900. The suit is the outcome of
an alleged libeious article which ap-
peared in the Advertiser on the morn
ing of August sth and which charged
Avery with being an embezzler.
Yesterday Ayerys attorneys, Davis
& Gear. filed motion and notice OF
motion that on Saturday. September
Sth. the plaintiff would move the Hon.
orabie A. s. Humphreys. sitting in
chambers. to set the cause down for
hearing ON demurrer