The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1908-10-19
CATHCART BRINGS
SUIT FOR LIBEL
Continued from Page One.)

January, 4th, 1909. That plaintiff
thereafter accepted such nomination
and duly filed his nomination papers
and paid the fee required by law and
is now a candidate for such Office
upon the regular republican ticket.
That the election for said Office Will
be held in said County of Oahu on the
3rd day of November, A. D. 1908. That
plaintiff has no source of income or
means of livelihood, except such as
may be secured from the practice OF
his profession as an attorney and
counsellor at law.
g. That the said defendant, Hawaii
an Gazette Company, Limited, is now
and at all of the times herein mem
toned has been corporation duly or
ganized and existing under and by
virtue of the laws of the Territory Of
Hawaii, and now is, for many years
last past has been, and at the time or
the publication hereinafter complained
of was, engaged among other things
in the publishing Of certain morning
newspaper known as the Pacific Com
mercial Advertiser, said newspaper be-
ing published at Honolulu, County OF
Oahu, Territory of Hawaii, and hay
ing a general circulation in the Terri
tory of Hawaii and elsewhere. That
the defendant Walter G. Smith is now,
and for many years last past has been,
and at the time of the publication
hereinafter complained of was, the Edl-
tor of the said newspaper, the Pacific
Commercial Advertiser.
9. That on Saturday, the 18th day
of October, A. D. 1908, the said defen-
dant, the Hawaiian Gazette Company,
Limited, as publisher, as aforesaid
and the said defendant, Walter u.
Smith, as editor, as aforesaid, OF SAID
Pacific Commercial Advertiser, con-
irving and wickedly and viciously IN
tending to injure plaintiff in his salu
profession and otherwise, and with
future purpose and design, by unfair,
false and malicious charges and means,
of defeating the election of plaintlh
for said office of City and County At
torney of Honolulu, did publish ana
cause and procure to be published at
said Honolulu, in said Pacific CONNER
cial Advertiser, of and concerning
plaintiff in his said profession as at
torney and counsellor at law, certain
libelous and defamatory words anu
matter and things, as follows TO VIII
Here appears the Advertisers Sat
urday editorial0
A. That the words and matters ana
things so published and caused anu
procured to be published by the SAID
defendants as aforesaid were publlsheu
maliciously and without legal excuse
and such words and matters ana
things and more particularly those
words and matters and things wherein
plaintiff is charged with mis-appro-
priating or embezzling the money OF
client, and wherein plaintiff is
charged with having betrayed and
robbed one Goo Wan Hoy, an alleged
client of plaintiffs, are in each and
every particular absolutely false.
5. That by reason of the libelous'
defamatory, malicious and false pub
lication as above alleged, plaintiff mas
been damaged in the sum OF twenty
Thousand ($2O,OOO.0O) Dollars.
WHEREFORE, plaintiff asks the pro
cess of this Court to cite the said de-
PENDANTS, 'and each of them, to ap-
near and answer this complaint be-
fore a jury of the country, at the term
of this Court pending Immediately al
ter the service of said process, or If no
term be pending at such time, then
at the next succeeding term thereon,
unless otherwise sooner disposed OF by
judicial authority.
Plaintiff further prays Judgment
against the said defendants, Hawaiian
Gazette Company, Limited, and Wal
ter G. Smith, for the sum of Twenty
Thousand $500, 100000 Dollars, and for
his costs in this action.
JNO. w. CATHCART,
Plaintiff above named.
A. G. M. ROBERTSON and
FRED. w. MILVERTON,
Attorneys for Plaintiff
TERRITORY OF HAWAII, }
} SIS.
COUNTY OF OAHU, }
JOHN w. CATHCART, being first
dulv sworn. deposes and says:
That he is the plaintiff named IN
the above entitled action; that he has
read tbe foregoing declaration In his
action for libel against the Hawaiian
Gazette Company, Limited, and Wal
ter G. Smith, and knows the contents
thereof and that the matters and things