The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1906-06-21
COHEN NOT
CULPABL.E:
An innocent GobetWsen
According to Mr..
Humburs.

An amended bill TO set aside Sheriff S
Isale and for an injunction in the case
of August Hamburg VS. John c. Searle.
Sheriff Of Hawaii. James E. Fullerton,
H. B. Gehr and KohaIa and Hilo R. R.
Co, has been filed by the complainant
in the Circuit Court, The complainant
| seeks to have the execution sale of
property belonging to the Kohala and
Hilo r. r. Co. on Ws-ianuenue street,
Hilo, set aside. because of alleged
Fraudulent representa- tions'' made by
bidders.
Hamburg says that on February 8,
1905, under writ of execution issued
December 20, 1904, out of the First Cir
cult Court, in an action wherein Jas
E. Fullerton was plaintiff and the Ko-
hala and Hilo r. r. was defendant,
Sheriff Searle offered for sale to the
highest bidder. at Hilo, the right and
title of the K. &, H. R. r.. Co. to certain
Hand on Watanuenue street. Hamburg
was present at the sale and made the
highest offer. $1,000. But during two
months preceding, the X. & H. R. r.
Co. and H. B. Gehr. an officer of the
company. had offered to mortgage said
land to H. Hackfeld & Co, making
representations that the K. & H r. r.
Co owned the land. Gehr knew the COM
plainant. who was manager of the
Hilo branch of H, Hackfeld & Co., was
actively interested in said negotia-
tions. and knew him to be one of those
advising in the matter, and he AYERS
that Gehr knew that the negotiations,
although carried on in Honolulu, would
be referred to him (Humburg), that
such representations of Gehr and the |
railroad company Were false and were
made with knowledge of their faIsity |
on the part OF said Gehr, officer of said |
railroad company, and with intent to |
deceive and defraud any to whose no. |
tice said representations might be |
including, particularly, |
the said complainant.
There was present at said sale one |
Joseph Cohen of said Honolulu, repre-
senting thereat the said execution cred
itor and plaintiff. Jas. E. Fullerton, and
also said H 3. Gehr; that shortly be-
fore the bidding began, in response to
said offer of sale, said Cohen handed
to complainant a certain map or plat
Of the land above-described, purporting
to show the same to be the land of
said K. & H. r. r. Co, and said Cohen Z
hen and there stated to complainant
hat compliments brother, John F.
had sent said map over to
from Honolulu and want
ID complainant to get said map.
Complainant further alleges that the
statements of said Cohen aforesaid
we're not the truth. were contrary to
act, and that said John F. Hamburg
lad never had anything to do with
ending said map to complainant. but
hat said Cohen, an innocent agent in
he premises, had repeated to complain c
mt the foregoing matters and things
nder instructions of said Fullerton e
nd said Gehr: and that Fullerton and
iehr had instructed said Cohen to
7ake said statements to complainant.
Though said Fullerton and Gehr we'll
new the same to be false, and that
ohen with intent to deceive and de-
raud said complainant.
Hamburg says that under the circum-
tances he can not receive anything for .
is $1,000 ::
The K. & H. f. r. Co. and Gehr are :,
to appear before Judge Rob r
lson on Monday, June 25.