The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1905-02-28
]. A. MACON
AGGRESSIVE.

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.
formal charge of malpractice against
the plaintiff which he filed In the SUI
preme Court, based upon the case OF
l.. II. Dee VS.. w. H. Smith. The docu-
ment In question the plaintiff describes
as false, scandalons, malicious, libel
Gus and defamatofy 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
lUB pTdCllllOner VI law DelOIt All luS
courts of the Territory of Hawaii, and
as such practitioner has built up a
practice among 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
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, resident of Honolu-
lu aforesaid and practitioner of law
before all the courts of the Territory
of Hawaii, and is man of consider
able wealth and prominence In said
Honolulu and said Territory of Ha-
wall"
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 Supreme Court as afore-
said and was published In the prln-
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 a lawyer, and has otherwise
greatly injured him both individually
and in his profession as a lawyer, and
vii! continue so to injure him, all OF
which PLAINTIFF alleges was done in
contravention of his private rights UNI
der the law, to the damage OF the
plaintiff In the sum OF twenty thous-
and 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 IL was not
in any way material pertinent or
relevant to any matter then pending
in said Supreme Court, but wilfully
wantonly and solely out of spite and
malice to the plaintiff, and contriving
and intending to injure said PLAINTIFF
etc, wherefore plaintiff is entitled to
exemplary and punitive damages in
the further sum of ten thousand dol
lars"
Plaintiff asks that the defendant be
cited to appear and answer the conn
plant before n jury at the April term,
unless otherwise sooner disposed of by
judicial authority, and that he may
have and recover of the. defendant
damages In the sum Of thirty thousand
dollars and his costs.
The complaint against the Star cor
poration is of like tenor to that against
Mr.. Ballou. with the addition or an
editorial article headed "Magoon and
the Bar Association published in the
Hawaiian Star on the 25th inst, which,
with the publication by the Star OF Mr..
Ballou's charge filed in the Supreme
Court, forms the alleged grounds for
asking 100000 damages and costs from
the newspaper concern above-named.