The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1903-08-18
WANTS BIG
DAMAGES
Chinese Involved
In a Law
Suit.

The Oahu Lumber & Building Co.
is made defendant in a suit for $15.-
900 damages filed Saturday by c. Din
Sing who claims to have been mali
ciously prosecuted.
The petition filed Saturday morning
alleges that the plaintiff is "a reputa-
BILE citizen and merchant, having been
engaged in business in Honolulu for
the past twenty-three years.
1t is further alleged that on the 7th
day of August, 1903, the defendant,
through its president, Lee Chu, false
ly and maliciously caused to be in
stituted a suit against the plaintiff
for the sum Of $44151 and that de-
PENDANT in that suit also prayed for
a writ Of ne exeat whereby c. Din Sing
was to be arrested and taken into GUS
tody until he should file n bond not
to attempt to leave the Territory.
1t is then alleged THAT the said de-
PENDANT In SO doing acted maliciously
and without probable cause, for the
purpose OF injuring this plaintiff in his
reputation and business. That upon
obtaining said writ, it caused an alarm
to be sent throughout Honolulu that
said plaintiff was about to escape from
the Territory without paying his Just
debts, and caused his house to IL
searched and his wife and child sub.
jected to great indignity, and caused
an outgoing steamer, to wit: the
Nippon Maru' to be searched to as
certain whether said plaintiff was hid
den therein.
THAT plaintiff had no intention at
that time Of leaving on said steamer,
as the officers and agents of said de-
PENDANT corporation well knew, but
was residing quietly in said Honolulu
without making any attempt to leave
the same.
"That thereafter, on the same 18th
day of August, 1908, the said defend
ant, the Oahu Lumber & Building Co.,
by its attorneys, j. Alfred Magoon and
]. Lightfoot, after having caused all
the scandal and disgrace possible to
said plaintiff, by its actions, and hav-
ing caused notice of the issuance of
said writ and the search for this plain
tiff to be published in the daily news
papers of Honolulu, filed in the Cir
cult Court of the First Judicial Circuit
a discontinuance of the action afore-
said"
1t is further alleged "That all of
this time this plaintiff, c. Din Sing,
was unaware of the action of said de-
PENDANT, until he heard of the same
through the scandal created and hue
and cry raised by said defendant, the
said Oahu Lumber & Building Co.,
Ltd. that Immediately upon hearing
said facts, he notified the Police De-
partment, through his attorneys, that
he was ready and willing to accept
service of any process against him,
and was informed that said process
had been withdrawn and suit discon-
tinued by the said Oahu Lumber &
Building Co.
THAT the whole of this malicious and
false prosecution was instigated, insti-
tuted and continued by the defendant
herein, 1t we'll knowing that it had no
probable cause for the instigation, in
stitution or continuance of the same.
THAT through the actions of the
said defendant, the Oahu Lumber &
Building Co., Ltd; as aforesaid. and
In falsely, maliciously and without
probable cause obtaining the writ OF
ne exeat for the arrest and imprison-
ment Of the defendant, and In causing
search of his premises to be made and
public notoriety to be given to said
Issuance of said writ, and insult and
indignity offered to his family, and
disgrace offered to himself, plaintiff
has been injured and damaged in the
sum of Fifteen Thousand Dollars"