The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1907-01-12
LITERARY PLEADING
IN ADMIRALTY CASE

There is a decided literary sparkle
Ito the reply brief for Hbelapt filed by
Geo. D. Gear and J. J. Dunno in the
admiralty libel suit of Thomas Joseph
Ford against Oceanic Steamship Co.,
claiming damages for false imprison-
nlcnt-
| An examination Of Hbelee's brief,
the paper begins, cannot but leave the
/ impression that it's author anticipates
defeat upon the issue as to liability;
because, when I'LL is said and done,
his first claim. and his last, is that
the damages sh suid be kept at a low
figure. On the initial page, we find a
reference to the quantum Of damages;
/ on the ultimate page the question of
damages like an avenging Nemesis
still pursues counsel
Discussing the theory of good faith
as mitigating element raised on the
other side. the brief says: AN action
for a false Imprisonment is not an
action for malicious prosecution.
Good faith, good motives, lack Of
malice honest belief, the advice of
counseI-au these things might posi-
bly, be relevant so far as punitive or
exemplary demages are concerned, but
they can neither affect nor reduce
actual damages. and in this suit
against this corporation exemplary
damag es, for obvious reasons, are not
claimed
Upon a contrast set up by libelee be-
tween Hbelant and a witness from the
steamship Ventura, on which it viii
be remembered Ford was arrested, the
brief comments thus:
THE record here does not go into
the question as to what kind of man
Ford is 1t nowhere justifies the I'M
fair insfnuatiou that Ford is a tran
silent who raises disturbances. Ford
had never before visited Honolulu.
What little we know of his antecedent
history is to his credit, as Sullivan ad-
mits, and, if departures from the rec
ord We're permissible, we should not
hesitate to challenge comparison be-
tween Ford and the sanctffied Sulli- |
van We are not yet prepared to con-
cede that Mr.. Sullivan enjoys monop- |
oily OF the cardinal virtues We should |
not drop with establishment upon |
learning that he had inserted a varied /
assortment of drinks into his vfrtuous /
BOSOM We could regard with undis- /
turbed equanimity the haIloWed spec /
tacle Of Saint Sullivan lying in his
bunk in his trousers, and we do not /
accept the theory that Mr.. Sullivan is
a conspicuous exception to all those
characteristics which usually mark
the average man in his walk of life
The brief combats the propositions
that Ford was fighting drunk, or |
very much the worse of liquor, and |
that he had escaped" from arrest be-
fore his Imprisonment. It also attacks
the idea that a policeman may arrest
he believes to have done
wrong In conclusion the brief ridi-
cules a reference of opposite counsel to
a witness as follows:
I'VE are quite prepared TO recognize
the shrinking tirnfdity of Captain
Clark and we can understand why, in
view Of the numerous references to him
scattered throughout the record, he
should not fancy the fierce light that
beats upon the witness box. But when I
counsel undertakes to tell us that Cap
ain Clark knew practically nothing
# what occurred, we are lost in Won :
Ter at the vagaries Of the human mem
Try. and we are reminded of the com
'iaint made by a speaker in the intro
luction TO one Of Sir Walter Scott's
lovels, No. doctor, have no command )
# my memory: 1t only retains what /
happens TO hit my fancy"