The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1905-10-27
SENSATIONAL
EQUITY CASE
Continued from Page -

treasurer ever since the company was
incorporated.
RothweN was in full charge while
Peacock was absent, and Peacock says
that in his capacity as manager Roth
well made numerous and disastrous
departures from the policy heretofore
pursued by said partnership and said
company" estranging former cor
respondents and patrons and plunging
the company Into a course of reck-
less and extravagant dealing" He is
charged with importing unstable
goods, overlooking the stockton trade.
ETC., so that for some time past the
business shows q loss instead of
profit.
Rothwell Is declared by the plaintiffs
to have been drawing $3.50 month in
salary and perquisites for four years
past, and by his own vote and others
illegally assuming to be directors main
tanning himself in the position beyond
the power of plaintiffs TO- displace him.
| Among, the results Of Rothwelrs al
legged mismanagement, 1t Is said he
made the company heavily indebted to
the banking house OF Bishop G. Co., and
as further result Bishop & Co. de-
manded that the owners of the bank
should nominate certain persons to be
placed upon the board Of directors of
the company. Then comes this serious
charge:
And that said Rothwell, In order to
maintain, and as a means of main
tanning his place as such manager of
said company, Illegally and fraudu-
lently agreed and conspired with the
owners of said bank that certain per-
sons named and to be named by the
owners of said bank, to wit, the above
named defendants James l.. Cockburn
and Allen w. T. Bottomley, and one
| D. w. Anderson should, at successive
dates, assume to be and act as d.
rectors of said company; and that In
pursuance of such illegal and fraudu-
lent agreement and conspiracy, he, the
said Rothwel, did, at divers and sue
| cessive dates, to wit, from the 2Sth
day of May, 1908, or Whereabouts, to
and including the 18th day of Septem-
| Der, 1905, arrange and procure that
they, the said Anderson, Cockburn and
Bottomley should, and they, the said
Anderson, Cockburn and Bottomley did
IN fact in succession assume to act
and did act as directors of said COM
pany,-but your orators are advised
and believe and upon such advice and
belief they allege and charge that
they, the said Anderson, Cockburn and
Bottomley We're not at any time, nor
was nor were either of them at any
time prior to said 18th day of Septem-
Der, 1905, legally elected or appointed
as director or directors In said com
pany."
1t is alleged that for four years Roth
I well has been heavily indebted to Bish-
op & Co., and that the bank of Bishop
& Co. now holds as security for Roth
wells private indebtedness 300 shares
of the stock of w. C. Peacock & Co.
owned by him, and 1t is charged that
Rothwelis course of action, in respect
of his agreement and conspiracy be-
fore mentioned, was prompted by his
desire and necessity to placate the own
ers of Bishop & Co.'S bank.
Bottomley's hold as auditor is charg-
ed to beya result of the companyis in
debtedness, and he. is charged with
careless auditing. Among errors of
great magnitude" caused by such negli-
gence it is alleged there is one error
of $93, 900 in respect of the business for
the year ending June 80, 1908.
Rothwell, in the game connection, is
accused of collecting the same bills
twice, the auditor approving and rati-
flying his action. The Board of Health
is one Of the debtors named as duplicat-
ing payments to the company.
Complaint is made that. in pursuance
Of their pretended election as officers
and directors. five individual defend
ants "acting by and through said de-
PENDANT Rothwell. and a professional
pugilist, Nigel jackson by name, forci-
bly, and with physical violence elected
your orator Walter c. Peacock from
the office Of said company in Honolulu
on. to wit, the 18th day Of September.
1906, and have ever since excluded each
land all of your orators from the Offices
NJ said coIf1nany ate lati 90