The Honolulu republican. [volume] (Honolulu, T.H.) 1900-1902, 1901-05-09
ATTORNEY DAVIS KiKEs
4 MIsTlkE N PaLffleE

A petition for process and complaint
entitled d. A Hulse and wallace
Bradford. doing business under the
aTrn name and style Of Hulse. Brad
ford & Co. plaintiffs. V. ]. W Jacobs.
otherwise J. ". wassercoke. other
wise ]. ". WzsseFkruger. asgumpsit
was fled yesterday by Paul Seumann-
L claims s495 40 for goods sold. This
Is an amended complaint but motion
Tor leave to file Il. made By G. A.
Davis. was denied by Judge Hum
phreys after a rather sensational cpl
sode. The account OF this appears on
the records I'm the form Of remarks
by the court.
II IS related that complaint was |
made in the matter on April rs last
wherein the plaintiffs alleged that the |
defendant vas disposing OF his per
sonal property fn this Territory, or
was coIIuding 70 do so. with fnteat 70
cheat the plaintiffs out OF their claim
The ordinary term summons was d.
rected 10 the High Sheriff. command
ing him 70 make the usual service.
and further 70 attach and keep safely
sufficient personal property OF the de-
PENDANT 10 satisfy the claim and costs
The Sheriff was directed to return the
writ with his proceedings thereon
Judge Humphreys proceeds 70 say;
The summons with the complaint
attached was issued out Of this Court.
under the seal OF the Court. By q
clerk OF the Court. and the High Sher-
~ should have returned the same into
this Court and not have delivered II
10 Mr.. G. A. Davis. who appears as at
torney Of record for plaintiffs In the
case. Neither the complaint nor the
summons have ever been returned 20
this Court by the High Sheriff. as he
was directed In the summons 70 do,
but Il appears from the statement OF
Mr.. Davis that the High Sheriff failed
10 find any personal property belong
ing TO the plaintiff. and delivered the
summons TO Mr.. Davis at his request.
Mr. Davis. without the permission OF
a Judge OF this Court and without any
authority so to do. has by interinea-
ton on page of the complaint in
serted the following words: and Ii
about TO depart from this Territory
10 fraudulently evade payment there
Of. and has erased the following
words: attachment and inserted In
lieu thereof personal arrest and has
erased the following words: personal
property Of and has erased and strick-
en- out the jurat to the complaint
taken before n. Fernandez on the 18th
day Of April. 1901. and has added
thereto or had added thereto the jurat
Of c. F. Chillingworth. dated the Sth
day Of May. A. D. 1901; and in the or.
der Of Judge Gear. Second Judge Of
this Court. which appears on the back
OF the complaint. he has stricken out
the word attachment and inserted in
lieu thereof the words personal ar
rest and has stricken out by running
& pen mark through Il the name OF
George d. Gear. Judge OF this Court
Il direct that this paper be taken b'
the clerk now. 1t being a record OF this
Court. and be retained by him. and
that the same be stricken from the
files of this Court as having beer
amended and ohliterated IN essential
pertinent and material particulars
without any authority, or without the
permission OF this Court"
Mr.. Davis here said: II intended
TO move you in confirmation Of that &c
have il filed as an amended complaint
To get at the man and have process.
OF arrest made"
The Court-"You had no right, sir
10 amend the complaint which wa
flied in this Court and which was
record OF this Court: and even grant
ing that you had such authority, yo'
had no authority TO strike out thu
name of a Judge of this Court. which
he had signed TO his order. and IL tina
is ever repeated in this Court agaiI
you will be severely dealt with.
MIR. Stenographer. you viii extent
the remarks which have made an
place them upon the record. and tn
clerk viii attach them 20 the recor'
in this case"