Evening bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1895-1912, 1905-10-27
Sensational Charges
Are Made
In Suit By Peacock

A sensational equity suit was filed
yesterday afternoon entitled Walter e.
Peacock, T. F. Lansing, Andrew Browh
end X. l.. Auerbach, plaintiffs, VS.. w. G..
Peacock & Company, Limited, an Ha.
waian corporation; John @. Rothwell,
Allen w. T. Bottomley, Alexander Gar.
vie, James l.. Cockburn and Charles
s. Weight, defendants. The complaint
claims that Peacock, Brown and
Weight are the only legally elected di.
rectors. The complainants are all
stockholders, Walter c. Peacock hold.
ing $50 shares, T. F. Lansing so shares.
Andrew Brown 1875 shares and r. l..
Auerbach IS shares. The entire capital
stock is 100000, divided into 2000
shares of 800 each, and there are $50
shares in the treasury, representing
the par value of $4,000, unissued and
unentitled to vote.
The complaint claims that prior to
Its incorporation the firm earned $685..
600 of profit a year. Rothwell was
elected manager in 1896, while Peacock
vas absent for several years prior to
1901. During his absence he perform
ed the duties of president, being in
full charge. II Is alleged that Roth
well departed from the policy hereto
fore pursued estranging patrons and
plunging the company into reckless:
and extravagant dealing. Rothwell Il
charged with having by his own vot,
and that of others assuming illegally
to be directors maintained himself In
position from which the plaintiff'
could not Gust him.
| 1t is further alleged that Rothwell'i
mismanagement caused the compan!
to be heavily indebted to the bank o.
Bishop & Co, which demanded that Ger
tain persons be made directors. TIL,
following charge Is then made:
"And that said Rothwell, in order L
maintain, and as means of main
tanning his place as such manager o
said company. Illegally and fraudu
lently agreed and conspired with tn
owners of said bank that certain per
sons named and to be named by tn,
owners of said bank, to wit, the above
named defendants James l.. Cockburl
and Allen W. T. Bottomley, and on
u. w. Anderson. should, at successive
dates, assume to be and act as di
rectors of said company; and that II
pursuance of such Illegal and fraudu
lent agreement and conspiracy, he, tn
said Rothwell, did, at divers and sue
cessiye dates, to wit, from the 2StI
day OF May, 1908, or Whereabouts, t
and including the 18th day Of SepteT
Der, 1905, arrange and procure tina
they. the said Anderson, Cockburn an
Bottomley should, and they. the sal
Anderson, Cockburn and Bottomley di
In fact In succession assume to az
and did act as directors OF said con
pany,-but your orators are advise
and believe and upon such advice an
belief they allege and charge tha
they the said Anderson, Cockburn an
Bottomley were not at any time, nc
was nor were either of them at an
time prior to said 18th day Of Septen
Der. 1905. legally elected or appointe
as director or directors in said con
pany"
II Is further shown that Bishop
Co. holds 800 shares Of stock OF tn
company. owned by Rothwell, as secu
ity for his private Indebtedness, an
that Rothwell's action was caused b
desire to placate the owners of tn
bank. Complaint Is made that DO
,, tomley has done his work as auditc
very carelessly, an error OF 1913 900 r
Garding the business OF the year endin
June 30, 1908. being one result of tn
, negligence, while the action Of Rot
well in collecting the same bills twiC
,, has also been sanctioned by the aud
tor. The complaint finally charg,
the defendants with having, throul
Nigel Jackson, elected Peacock fro
, the firms store, which was done.
The prayer OF the bill is in part I
, follows:
That defendants may be summons
in due form to answer all the mattel
alleged.
That CARVE. Cockburn and Bottor
ley may be restrained by writ OF 1