The Hawaiian gazette., 1908-12-01
]. ". CATHCART
and HIS CREDIT

In support of the motion of defend
ants, in the suits of John w. Cathcart
against the Hawaiian Gazette Company
and Walter g. Smith, for a rule to show
cause why Cathcart should not be re-
quired to give security for costs, two
aflidavits were filed yesterday. One of
these was by L. A. Thurston and the
other was by James Bicknell as Coun.
ty Auditor.
The motion, when filed, was support
ed by an affidavit alleging that Cath
cart would not be able to answer for
costs if the suits were decided against
him. Cathcart answered this by an af-
fidavit in which he said that he had
large and growing private practise
and had just been elected City and
County Attorney for a term of two
years from January 4, 1909. 1t was
in reply to this affidavit that the two
filed yesterday were made.
Thurston's Affidavit.
The affidavit of L. a. Thurston, after
the title of the case is as follows:
Lorrin A. Thurston, being first duly
sworn, deposes and says that ne is the
president of the Hawaiian Gazette
Company, Limited, one of the defend.
ants named in the above entitled &C.
| ton and that he, for and on behalf of
the defendant, the Hawaiian Gazette
Company, Limited, subscribed and
swore to an affidavit heretofore filed
in support of defendants motion for
security for costs herein. That since
the filing of such affidavit plaintiff has
filed an affidavit in reply thereto
wherein he sets up as grounds for not
granting defendants motion that he
will be able to pay any Judgment fol-
costs that may be rendered against him
in this suit. That deponent in his af.
fidavit heretofore fled herein did not
set forth in detail the facts upon which
his allegation in said affidavit contain.
ed of plaintiff insolvency were based,
feeling that such allegations in detail
were unnecessary and that the financial
condition of plaintiff as set forth in
deponent s said affidavit would not be
denied. That deponent now sets forth
in more detail the facts upon which
his said allegation was based in reply
to the allegations in said affidavit of
plaintiff that plaintiff has been elected
attorney for the City and County of
Honolulu for the two (2) years com.
mencing on January 4, 1909, and that
he will be able to pay any Judgment
for costs which may be rendered
against him in this suit.
That the allegation of plaintiff IS in
solvency contained in defendant g af-
fidavit heretofore fled herein is based
upon records of judgments unsatisfied
in the courts of the Territory of Ha.
wall, executions issued against the
property of the said plaintiff returned
wholly unsatisfed, the general reputa-
ton which the said defendant has in
the community in which he lives as a
man of bad financial standing, and suits
now pending in the courts of this Ter.
ritory against said plaintiff, wherein
said plaintiff is charged with having
obtained sums of money which he, said
plaintiff, has refused to repay.
That records of the courts of this
Territory show that there are recorded
against this plaintiff the following
judgments:
az y " - y " - y ~ y " - y y ~ -
"The Attorney General of the Uni
ted States has today been requested to
give to the United States Attorney for
the district in which Honolulu is sit
uated such instructions as may be nee
essary to procure the conveyance of
said. land to the United States; and
when the required examination shall
have been completed, to transmit the
papers to, this department with his opin
ion as TO the validity of the title
When you have satisfactorily complied
with the conditions of this acceptance
and upon the receipt of favorable
opinion from the Attorney General, the
Department will take steps toward pay.
ment of the purchase money.
you should apply to the United
States Attorney for your district for
instructions as to the papers to be fur.
nished by you. Please promptly ac-
knowledge the receipt of this letter.
Respectfully,
l"(Sgd.) GEO. B. CORTELYOU,
Secretary"
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