The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1908-10-20

bluff libel suit by the accused County
Attorney, of which the following is the
text:
IN THE CIRCUIT COURT IN AND
FOR THE FIRST JUDICIAL CIR
CUT, TERRITORY OF HAWAII.
John w. Cathcart, Plaintiff, VS.. Hawai-
ian Gazette Company, Limited, a
Corporation, and Walter G.. Smith,
Defendants. - Action for Libel.
DECLARATION.
John W. Catheart, plaintiff above
named. for cause of action against the
Hawaiian Gazette Company. Limited,
and Walter G. Smith, defendants above
named. alleges:
l. That plaintiff since the year 1888
has been an attorney and counselor at
law, and since the year 1898 has prac-
tised his profession of attorney and
! counselor at law in the Hawaiian Is
lands, being entitled since said year
1898 to practise in all the courts of
said Islands. That from the month of
| June, 1900. to the month of February.
| 1908. plaintiff was Deputy Attorney
| General of the Territory of Hawaii,
/ and since the month of January, 1906,
/ has been and now is the duly elected,
| qualified and acting County Attorney
| of the County of Oahu. Territory of
| Hawaii That on the 10Th day of Sep
| TENDER, A. d. 1908. plaintiff was duly
and regularly nominated at the Repub-
lean County Convention for the
County of Oahu, Territory of Hawaii,
for the office of City and County At
torney of Honolulu, Territory of Ha-
| wall. for the two years commencing
January 4. 1909 That plaintiff there
after accepted such nomination and
duly filed his nomination papers and
paid the fee required by law, and is
now 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 practise of |
his profession as an attorney and coun
selor at law.
2 That the said defendant, Hawai- |
ian Gazette Company. Limited. is now
and at all of the times herein men
toned has been a 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 of
the publication hereinafter complained
of was, engaged among other things
in the publishing of a certain morning
newspaper known as the Pacific Com
mercial Advertiser, said newspaper be-
ing published at Honolulu, County of
Oahu, Territory of Hawaii, and having
a general circulation in the Territory
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 herein
after complained of was, the editor of
the said newspaper, the Pacific Com
mereial Advertiser
3. That on Saturday, the 18th day
of October, A. d. 1908, the said de-
PENDANT, the Hawaiian Gazette Com
pany, Limited, as publisher, as afore-
said, and the said defendant, Walter
&. Smith. as editor, as aforesaid, of
said Pacific Commercial Advertiser,
continuing and wickedly and viciously
to injure plaintiff in his said
profession and otherwise, and with the
further purpose and design, by unfair,
false and malicious charges and means,
of defeating the election of plaintiff for
said office of City and County Attorney
of Honolulu, did publish and cause and
procure to be published at said Homo.
lulu, in said Pacific Commercial Adver-
tiser, of and concerning plaintiff and of
and concerning plaintiff in his said pro-
fession as attorney and counselor at
law. certain libelous and defamatory
words and matters and things, as fol-
lows, to wit:
"THE CASE OF CATHCART. I
"The Advertiser begins a series of
exposures this morning of the official
and professional record of John w.
Cathcart, which viii cause establishment
that the Republican managers did not
see fit to deal with him as summarily as
they did with the lesser offender, George
Kaea.
"Today's charge shows that Mr..
Cathcart misappropriated a client 3
money. The ugly word for such an
offense is embezzlement.
FThe Advertiser has worked upon
this case for some weeks, and is sure
of it's ground. Mr.. Catheart was given
ample warning of what to expect if he
ran, and so were his managers. His
first refuge was in appeals to friend
ship and good viii. He called upon the
editor of the Advertiser and begged for
failing in that, he made hint
of threats. Then he went to the owner
Of this paper and importuned him. At
his instance Mr.. Peters came to this
office to argue the case, but without
avail. Desperate at the situation, Mr.
Catheart even stopped reporter, Mr..
Taylor, in the street and asked him not 1
to be hard in the matter. Finding all
this abortive. he tried to draw a her
ring bone across the scent of his iniqui-
ties. and in the ease of Goo Wan How
besought Mr.. Lightfoot to help him
reach that complainant before the Ad-
vertiSer could do so. Unable to con-
meet with Goo Wan Hoy, Mr. Cathcart
took refuge in denials and threats of
libel suits.
The Advertiser was as undisturbed
by menace as it had been unfnfuenceu
by eaiolery; but in behalf of fair play
and having no wish to win by exposure
what might be reached by negotiation, :
t laid the ease. as far as it had been
prepared, before a committee of Repub-