The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1908-10-20

Attorney, OF Whlcn the foll0wlng is the
text:
IN THE CIRCUIT COURT IN AND
QUIT, TERRITORY OF HAWAII.
John w. Cathcart, Plaintiff, VS.. Hawai-
ian Gazette Company, Limited, a
Corporation, and Walter q. Smith,
Defendants. - Action for Libel
DECLARATION.
John w. Datncart, 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-
lican 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 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 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 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 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
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
mercial Advertiser.
g. 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
G.. Smith, as editor, as aforesaid, OF
said Pacific Commercial Advertiser
contriving and wickedly and viciously
intending to injure plaintiff in his sale
profession and otherwise, and with the
further purpose and design, by unfair
false and malicious charges and means
of defeating the election of plaintiff fo
said office of City and County Attorne.
of Honolulu, did publish and cause ant
procure to be published at said Homo
lulu, in said Pacific Commercial Adver
tiser, of and concerning plaintiff and o,
and concerning plaintiff in his said pro
fession as attorney and counselor a
law, certain libelous and defamator!
| words and matters and things, as fol
lows, to wit:
'THE CASE OF CATHCART.
"The Advertiser begins series o
exposures this morning of the officia
and professional record of John W
Cathcart, which will cause astonishmen
that the Republican managers did no
see fit to deal with him as summarily a
they did with the lesser offender, Georg
Kaea.
"Today's charge shows that MI
Cathcart misappropriated client
money. The ugly word for such a
offense is embezzlement.
r'The Advertiser has worked upo
this case for some weeks, and is sur
of it's ground. Mr.. Cathcart was give
ample warning of what to expect if h
ran, and so were his managers. iii
first refuge was in appeals to frient
ship and good will. He called upon til
editor of the Advertiser and begged fC
Immunity; failing in that, he made hir
of threats. Then he went to the ownt
of this paper and importuned him. A
his instance Mr.. Peters came to tn
office to argue the case, but withor
avail. Desperate at the situation, NJ
Cathcart even stopped reporter, M
Taylor, in the street and asked him nj
to be hard in the matter. Finding a
this abortive, he tried to draw he
ring bone across the scent of his iniqu
ties, and in the case of Goo Wan He
besought Mr.. Lightfoot to help hi
| reach that complainant before the A
vertiser could do so. Unable to co
meet with Goo Wan Hoy, Mr.. Cathea
took refuge in denials and threats
libel suits.
y "'The Advertiser was as undisturb
by menace as it had been uninfluenc'
by cajolery; but in behalf of fair pl'
and having no wish TO win by exposu
what might be reached by negotiatio
/. it laid the case, as far as it had be-
, prepared, before committee of Repu
, lican managers, at their request propt