The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1905-02-28
], 4, MACON
AGGRESSIVE.
he Sues Attorney Ballou
and Hawaiian Star
for 100000.

| Sixty thousand dollars is the total
amount of damages for libel. which j.
Alfred Magoon seeks from Sidney NJ.
Ballou, attorney at law, and the Ha-
waiian Star Newspaper Association,
Limited. He sues each of these de-
PENDANTS for $4,000 personal damages
and $4,000 exemplary or punitive dam
ages.
Mr.. Ballou is sued on account of the
formal charge of malpractice against
| the plaintiff which he filed in the Su-
preme Court, based upon the case of
L. H. Dee VS.. w. H. Smith. The docu-
ment in question the plaintiff describes
as false, scandalous, malicious, libel
Gus and defamatory matter" which he
| alleges the defendant well knowing
the premises, did maliciously compose,
print and publish, and cause to be COM
posed, printed and published"
Mr.. Magoon declares, in the first
| place, that he now is and for many
years last past has been a resident of
Honolulu, Island of Oahu, Territory Of
Hawaii, and a duly qualified and act
ing practitioner of law before all the
courts of the Territory of Hawaii and
as such practitioner has built up a
practice among a large and influential
number of the citizens of said Terri
tory, and that plaintiffs business as
such practitioner of law depends large
ly on his good reputation in the COM
munity and the trust and confidence
reposed in him by clients
Secondly, he declares .'that. as a
practitioner of law as hereinbefore set
forth, plaintiff has always behaved and
conducted himself with skill, care,
judgment and integrity, both in his
general practice and especially in re-
lation to those legal matters and pro-
ceedings to which reference is made
by the libel hereinafter set forth"
OF Mr.. Ballou he says: THAT the
defendant is, and for many years last |
past has been, a resident of HonoIu- |
lu aforesaid and practitioner of law |
before all the courts of the Territory |
of Hawaii. and is a man of consider |
able wealth and prominence in said |
Honolulu and said Territory of Ha-
wafi."
1t is alleged, in several sections. that |
the matter characterized as above |
tended directly to injure and defame
plaintiff in his fame reputation and
good name in his said profession, and |!
to bring him into public scandal, dis
grace, adherence, odium, contempt
and ridicule;" that said matter was
filed in the Supremel Court as afore-
said and was published in the prin-
cipal newspapers in said Honolulu. and |
has caused and will continue to cause
great damage to plaintiffs reputation
in the community both individually
and as lawyer, and has otherwise
greatly injured him both individually
and in his profession as a lawyer. and
Will continue so to injure him, all of
which plaintiff alleges was done in
of his private rights I'M
der the law. to the damage of the
pialntlH IN the sum of twenty thous-
ana dollars; and that the defendant
did all the things already mentioned.
Well knowing that the matter was
false, scandalous, malicious, libelous
and defamatory, and that it was not
n any way material, pertinent or
'elevant to any matter then pending
n said Supreme Court, but wilfullv. T
Rantonly and solely out of spite and +
malice to the plaintiff. and contrivino
md intending to injure said pIaintiff ,.
ETC., wherefore plaintiff is entitled to
exemplary and punitive DAMAGES in
he further sum of ten thousand dol
ars" :
Plaintiff asks that the defendant be
lted to appear and answer the COM
'lalnt before jury at the April term
lnless otherwise sooner disposed of bv r
udlclal authority, and that he NAV
lave and recover of the defendant
manages in the sum of thirty thousand |
ollars and his costs. !
Inc complaint against the Star cor
oratlon is or like tenor to that against | /
DR.. Ballou, with the addition of an
ditorial article headed "Magoon and
ne Bar Association" published in the
hawaiian Star on the 25th inst, which.
18th the publicati by the Star of Mr.,
Sallous charge filed in the Supreme
curt, forms the alleged grounds for
skiing 100000 damages and costs from
he newspaper concern above-name5
-~%o
NEGLECT ALWAYS DANGEROUS
o the average man it seems childish | {