The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1906-12-07
S10,251 FOR
DAMAGES
tFrom Wednesdays Advertiser,

| territorial Treasurer Campbell Sheri
A. NJ. Brown, County Attorney Ed
ward Douthitt and County Attorney
detective II. w. Lake for damage
amounting to sl0,251 on the ground O
false arrest. Mr.. Peacocks complain
was filed in the Circuit Court yester
day afternoon by his counsel, c. W
Ashford and r. w. Breckons. Hi
complaint makes good reading matte
and is as follows:
The above-named plaintiff, Waite
{. Peacock. complains of the above
named defendants, A. J. Campbell
Arthur M. Mrown, Edward A. Dout
hitt, and II. I. Lake, and for cause o
complaint, he alleges as follows:
! /. That at all times herein mention
ed, plaintiff was a citizen of the United
! States, and of the Territory of Ha.
wall, and a resident of and actually
present in the city of Honolulu, Coun.
ty Of Oahu, in said Territory.
2. That at all times herein mention
ed, said defendant a. ]. Campbell, was
such citizen and resident as above al
legged in the, case of said plaintiff, and
was the Treasurer of the Territory OF
commissioned and acting.
g. That at all times herein mention
ed, said defendant Arthur NJ. Brown
was such citizen and resident as above
| alleged in the case of said plaintiff
and was the Sheriff of said County of
Oahu, duly elected qualified and act
ing, and was then and there legally
liable and responsible for all and sun
dry, the official acts of defendant II.
T. Lake, hereinafter alleged, and was
similarly liable and responsible for all
and sundry the official acts of the
police officers and Receiving Station Of
ficers employed at, and in charge of
the Receiving Station connected with
the Police Office and Station at said
Honolulu
4. That at all times herein mention
ed, said defendant H. L. Lake was such
citizen and resident as above alleged
in the case of said plaintiff, and was
police officer in and for said County
of oahu, duly and regularly commits
stoned by said defendant Brown, as
such Sheriff as aforesaid, and duly in
the discharge of his duties under such
commission.
.. That at all times herein mention-
ed, said defendant Edward A. Dout-
hitt was such citizen and resident as
above alleged in the case of said plain
tiff, and was the County Attorney for
said County of oahu, duly elected,
qualified and acting.
6. That on the 3rd day of December,
a. d. 1906. at said Honolulu, said II.
I. Lake, acting in his capacity as such
police officer as aforesaid, so commits
stoned as aforesaid. and acting under
the instructions, and at the instigation
and procurement of said defendants A.
j. Campbell, Arthur NJ. Brown and Ed
ward A. Douthitt, did without author
ity of law, and against the will of this
plaintiff, with force and arms arrest
and take this plaintiff into the custody
of him, the said II. T. Lake, to wit, at
the office of w. C. Peacock & Com
pany, Limited, an Hawaiian corpora
tion, on Merchant street in said Ho-
nolulu; and did then and there, and
forthwith thereafter, on the date
aforesaid, with force and arms, and
against the will and the rights of this
plaintiff, and without authority of law,
convey and conduct this plaintiff from
the said place of his said arrest, to
the Police Station. to wit, the Receiv-
ing Station, located in that certain
building known as Kalakaua Hale, on
said Merchant street, in said Honolu-
lu, all of which acts were then and
there done by said defendant Lake in
the daytime of said day, and in broad
daylight, and in the sight and within
tha nhSarNa nf Of hn
acquaintances of this plaintiff, and of
other persons then and there within
said office, and present upon said
street. and at and in said Receiving
Station. to the great wrong, injury, dis
comfort, modification and humiliation
of this plaintiff.
7. And that he. said defendant Lake
having so conveyed and conducted this
plaintiff to said Receiving Station in
manner aforesaid, and that at the time
aforesaid, did then and there, to wit,
at and in said Receiving Station. turn
over and transfer the custody of this
plaintiff to certain other person,
whose name is to this plaintiff un-
known, and who was then and there
the officer and official subordinate OF
Siiu <hituul NJ DIV" u, ho
such Sheriff as aforesaid. in charge and
control of said Receiving Sta
tion: and that said officer last above
referred to did then and there. at the
procurement, instigation and behest OF
said defendants, take and assume the
custody of this plaintiff. and did then
and there forcibly, and against the
rights and the will of this plaintiff,
hold and retain this plaintiff under ar
rest, and In the custody OF him, the
officer last above referred to, at and
in said Receiving Station, for IA long
period OF time. to wit, for the period OF
half an hour or thereabouts; and that
said plaintiff was obliged to, and be-
cause OF said obligation, said plaintiff
did then and there and thereupon, in
order to obtain and as necessary
means OF obtaining his. said plaintiffs
release and discharge from said ar
rest, and from the custody OF said Of
ficer last above referred TO, procure,
execute and deliver to said officer. a
certain bond in the sum of one hundred
dollars Csi0o.00). conditioned for the
appearance OF said plaintift In and be-