The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1905-05-02

boats. On the night or April IL, men"
toned in Mrs. Roe's complaint. DIR.
McGrew heard voices upon the water
In front of his place and suspecting
trespassers went out with a pistol and
fired some shots in the air The peo-
pie on the water We're the Roes. As
all who know him will readily believe.
the Doctor had no other intention than
to frighten the supposed intruders
away.
Mrs. Roe is known as rather
nervous young lady and naturally the
reports of the pistol must have caused
her shock and consequent illness. Yet
the idea OF $4,000 damages against a
man for protecting his home from
feared invasion does seem far-fetched
and extraordinary.
Frank +. Thompson. Esq, is DR.. Nc
Crews attorney.
Following is Mrs. Roe's
DECLARATION.
Evelyn Cooke Roe. the plaintiff, a
married woman, wife of Chas. Robert
Roe. residing at Honolulu. Island of
oahu, Territory of Hawaii, by her At
torney A. S. Humphreys, complains OF
John Strayer McGrew, the defendant,
residing at the same place, and al
leges:
For that whereas heretofore, to wit,
on the 18th day of April, A. d. 1905,
in the District of Eva, Island of oahu,
Territory of Hawaii, the said defend
ant. then and there, in and upon the
plaintiff. an assault did make, with n
certain deadly weapon, to wit, a pistol,
by means OF which said premises the
plaintiff was greatly frightened, terri
fled and unstrung, and received and
| sustained severe nervous shock, and
| became and was sore, sick, disabled
and disordered, and suffered great pain
of body and mind, and was forced to
expend and did expend large sum
| of money in and about medical treat
ment and the cure of her the said
plaintiff. to wit. the sum of twenty
dollars, to the damage of the plaintiff
In the sum Of ten thousand dollars.
SECOND COUNT. For that where
as, heretofore to wit, on the 18th day
of April, A. d. 1905. at to wit, the
District of Eva. Island of Oahu, Ter
ritory of Hawaii, the said defendant,
tiff. an assault did make, with a GER
tain deadly weapon, to wit, a pistol,
said pistol being then and there load
ed with gunpowder and leaden bullets,
and the said defendant did, then and
there, point, aim and shoot the said
deadly weapon, to wit said pistol,
loaded with gunpowder and leaden bull
let's, as aforesaid, at the plaintiff, by
means of which said premises, the
plaintiff was greatly terrified. shocked
amrighted, and became and was great
ly unstrung, and received and sustain
ed a severe shock to her nervous sys-
| tenn and became and was sore, sick. dis
eased and disordered, and experienced
and suffered great anguish, pain and
| distress, both of body and mind, for a
| long space of time, to the PLAINTIFF s
damage in the sum of ten thousand
dollars.
THIRD COUNT. For that whereas
heretofore, to wit, on the 18th day OF
April, A. d. 1905, at the District OF
Eva, Island of Oahu, Territory OF Ha,
wall, the plaintiff with her husband
was rowing in a boat in certain
| II
where certain premises of the defend
ant abut upon said lagoon, pond or
bay, when and where the defendant
without any cause or provocation
whatsoever, and without any warning
to plaintiff, except to exclaim to her
| and her husband Get out of here YOU
- - -, I will kill YOU in and
upon the plaintiff an assault did make
with a certain deadly weapon. to wit
loaded pistol, which he the said de.
| PENDANT did, then and there, aim, point
shoot and discharge at the plaintiff
by means of which said premises the
plaintiff was greatly dismayed, terri.
I fed, affrighted and shocked, and was
greatly unstrung, and received ant
sustained severe and serious shock
to her nervous system, and became and
was hysterical, and became and was
greatly nauseated and was otherwise
sore. sick, diseased and disordered. and
experienced and suffered great an
guish, pain and distress, both of body
and mind, to the damage of the plain.
tiff In the sum Of ten thousand dollars
WHEREFORE plaintiff brings mel
suit and prays that the defendant may be
cited to appear and answer this decla-
ration at the present April A. d. 1906
Term of this Honorable Court, before
a Jury of the Country. unless other
wise disposed of by Judicial authority
! (Signed) EVELYN COOK ROE,
(Signed) "a. S. HUMPHREYS,
Her Attorney"
On this declaration and jurat there
to signed by Evelyn Cook Roe, ac.
knowledged before Mabel f. Madeira
notary public, Judge De Bolt on Fri
day issued summons to John Strayel
McGrew to appear before the Circuit
Court at the present term, lat sucf
time as the court may hereafter di
rect"