The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1904-08-19
KINNEY SUES
SAM PARKER
Claims Damages
For $4,000
for Libel.
cFrom Wednesdays Advertiser)

The newest sensation in the Parker
ranch controversy came yesterday after
noon when attorney WA. Kinney filed
damage suit for $4,000 against Samuel
Parker. Attorney Kinney who is OF
counsel for the Carter and Annie /. h.
Parker interests, bases his action on the
sensational affidavit hled by Samuel Par
ker against Mrs. Knight i'll which charg-
es were made against Mr. Kinney
Mr. Kinney sets forth that he is now
and for many years has been resident
OF Honolulu and is duly qualified to prac-
tice law among a large and influential
number OF citizens and depends upon ms
good reputation to continue his practice.
The complaint OF Mr.. Kinney gives the
following grounds for claim OF libel in
the charges filed by Parker:
That on or about the 18th day of
August the defendant, well knowing
the premises did maiiciously compose,
print. and publish the following false,
scandalous, malicious, libelous and de-
famatory matter OF and concerning
plaintiff and in relation TO his said pro-
fession as a lawyer and caused the same
10 be circulated throughout the aforesaid
Honolulu:
That not only were said Kinney (re-
ferring to the plaintiff, William A, Kin
ney) and Ballou promoters OF said en-
terprise (referrng to an enterprise
known as the Hamakua Ditch Co., Ltd
but they acted as attorneys and advisors
of deponent (refcrring TO the defendant
Samuel Parker) and through their adj
vice deponent (referrng to said defend
anti signed an agreement under which
it is claimed bv the other party to said
agreement that deponent (referring to
said defendant) was and still is liable
TO said other party in the sum of $780,
600. That said Kinney (referring to said
plaintiff) and Ballou did not become
parties to said agreement taking good
care not to make themselves liable un-
der the same, making deponent (refer-
ring to said deiendant) solely liable,
though they would have benefited joint
ly with deponent (referring to said de
fendant) Hereunder. That the action OF
said Kinney (referring 10 said plalntitf)
and Ballou is now attacking this
deponent, (referring to said defendant)
and working against his interests. II any
interest he has i'll said enterprise (refer
ring to said Hamakua Ditch Co., Ltd
and in trying to prejudice deponent IRE
ferring to said defendant) under said
agreement is a gross violation OF their
professional duties to deponent (refer-
ring to said defendant and, as depo-
nent (referring to said defendant) be
lieves. renders them unfit to practice in
the Courts OF the Territory of Hawaii.
That said false, SCandalouS, malicious,
libelous and defamatory matter was
made and puDlished by said defendant
as a part OF a certain affidavit by said
defendant i'll certain cause pending
in the Circuit Court of the First Circuit
at Chambers in Probate, said cause be-
ing entitled In the Matter OF the Guard
ianShip OF Annie T. * Parker, minor"
which said affidavit defendant caused to
be filed in the court aforesaid well
knowing that the said affidavit would be
published by the principal newspapers i'll
Honolulu aforesaid, and also we'll know
ing that said matter was in fact false,
scandalous, malicious, libelouS and de
famatory and that the same would in
iure plaintiff both individually and in
his profession as a lawyer; and plaintiff
further alleges that said false, scandal
Gus, malicious. libelous and defamatory
matter had no relation to the matter
III ltSdlu 10 WHICH sdlu dHludNlt bl tHC
defendant was made nor any relation
TO any matter III the aforesaid cause
and that '.le same was made and pub
hshed by defendant solely out or spite
ana nance towards the plalntih ana
with the intent to injure him both in
dividually and in his profession as a
lawyer and to bring him and his name
mo puDnc scahdaL
u Is sdiu tIia' perhaps announcer action
similar 10 MI hiililey may De ilea
against 9ahiuei arher ny announcer Oh the
attorneys retained ny MRS, Nillsht.
ISLAND REALTY DECISION
Justice Hatch of the Supreme Court
Chief Justice Frear and Justice Hart
well concurring, handed down n de-
cision yesterday in the case of Cooper
VS.. Island Realty Co. and J. A. Gilman
remanding the case to the Circuit
Court for notification of decree enter
anes % WIN tbe views Ysg1 tbarein ~ exnressed "qsoI