The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1905-10-20
HUMPHREYS FILES
IMMEDIATE ANSWER
CONTINUED from page one.)

At the appointed time the plaintiff
came to the office of defendant to re-
ceive his opinion on the question sub
mitted to him by plaintiff. AS de-
fendant's opinion was adverse to the
wishes, hopes and prospects of plaintiff,
defendant voluntarily reduced his
charge to S25. Plaintiff after having
heard defendants opinion arose hastily
opened the door of defendants private
office and exclaimed over his shoulder:
Send the bill over to the ship at the
! end of the MONTH" and thereupon beat
a retreat from defendants premises,
without waiting to learn whether de-
PENDANT was willing to extend him a
credit or not. Defendant at once wrote
plaintiff a letter upbraiding him for hls
conduct and demanding the immediate
| settlement of his account, to which let
! ter the plaintiff made no reply. Sew
/ eral days thereafter the defendant
CHANGED to meet the plaintiff at the no
tel Haleiwa in the District of Waia-
lua, and as plaintiff correctly states,
defendant Cbut not within the hearing
of any other person. proceeded to
severely reproach plaintiff for his con-
! advantage of the concession made him
by defendant in the reduction of the
fee a saforesaid, defendant went be-
+ fore the District Magistrate of Waia-
lua and filed a suit in assumpsit a
/ gainst plaintiff for the sum of 800,
| which defendant then believed and now
AYERS was a proper and reasonable
/ charge for his services in the premises.
| The suit was filed at II o'clock i'm the
| forenoon, but was not served until
/ about 8 o'clock in the evening, for the
reason that no official having authority
| to serve legal process was In the dis
! trict of Waialua, all of them being in
! Honolulu as witnesses in a case pend
| ing in the Circuit Court, and none of
! said officials returned to Waialua, un-
| til a very late hour in the afternoon.
The summons was not placed in the
hands of the Deputy Sheriff until about
8 o'clock in the evening. When the suit
was filed defendant did not know that
the Engineers Association of Hawaii
/ intended to have a dinner at the Ha-
leiwa Hotel that evening, nor did de-
| PENDANT know that plaintiff was in any
way connected with that association,
nor indeed that there was any such
association. nor did defendant know
that plaintiff had any lady or ladies at
the hotel as his guests, or under his
care, charge or protection. Defendant
did not instigate or direct the officer
having the summons to serve plaintiff
while he was dining: On the contrary
defendant expressly instructed the Of
fcer not to do so.
And defendant AYERS that the officer
, did not call plaintiff from the dining
table to serve him, but served him after
he had left the table for a temporary
and necessary purpose. Defendant
/ denies that i'm instituting said suit, or
in doing anything in connection there
with, he was moved by malice towards
plaintiff. On the other hand he charges
that the suit was a reasonable and
proper means of collecting a just debt,
, before a court having jurisdiction, and
which plaintiff had refused to pay bus
which he has since paid.
! And the defendant denies each and
every allegation in the complaining not
hereinbefore denied, and demands a
+ trial by jury.
A. S. HUMPHREYS.