Evening bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1895-1912, 1912-05-18
fraud CHARGED
in SEWALL CASE

be declared null and void and stricken
from the records for the reasons that:
THE signature OF libeilant to said
release and dlscontinuance was Sc
cured by fraud and misrepresentation
on the part of r. Quick, claimant
herein, and the agents and servants
of the owners of the ship Edward
Sewall;
THAT owing to libellant's youth and
weak mental condition 1T the time of
the execution of said release ana dis
continuance (Which weak mental con-
dition had been greatly Increased by
the nervous shock and blow on the
head sustained at the time of the in
jury upon which this action Is based.
libellant so utterly failed to compre-
bend either the nature and seriousness
of his injuries or the amount of COM
pensation due him and was so readily
the victim of imposition. that the dis
arrangement between the parties to
said release and discontinuance was
so gross as to make the execution of
said release and discontinuance for
the amount therein stated amount to
fraud on the part Of II. Quick and the
agents and servants of the ship Ed
kard Sewan:
THAT at tbs time said signature
was obtained libellant was under the
influence of liquor. which liquor had
been given him by the agents of said
| ship and of r. Quick. claimant herein:
That libellant at the time he sign
ed said release and discontinuance was
mentally incapable Of making a con-
tract"
I Sullivan Claims Fraud.
Sullivan In his affidavit says:
And now comes Frank Sullivan and
being first duly sworn upon his oath,
according to law, deposes and says:
That his name Is Frank Sullivan; that
afiiant Is the libelant In that suit
pending In the u. S. District Court for
the District of Hawaii, entitled Frank
Sullivan, Libellant versus Ship Ed
ward Sewall, her boats. tackle, etc =:
that on Thursday, the 9Th of May. A
ID. 1912, shortly after leaving Mr.. Cur
RVS office, In Honolulu. afliant was
met by the second mate of the Ed
ward Sewall. named Snyder; that said
Snyder induced afiiant to go down to
the Edward Sewall, after having given
ullldHt TWO luTHt uilllkS OF WnlSkty
after having given afilant the drinks
said Snyder told afiiant to go to the
ship; upon reaching the ship Edward
Sewall the master, r. Quick, was wait,
ing for me; said affiant was sitting or
the deck; r. Quick, said master. sait
to affiant, I viii give you one hundred
dollars ($1OO.0O If you will stay OF
the ship and go to- New York witt
us, and not give your lawyers any
| thing which offer afiiant rejected
then said II, Quick made affiant g
to the shipping commissioners Office
wherein aftiant was offered fifty dol
lars ($50.00 by said r. Quick, an,
told to sign certain paper; that sal,
paper was read to afiiant but affian
does not know its contents; affian
was induced to sign said paper b.
| representations of the said r. QuiCl
that If afiihnt did not sign that pape
afiiant would be robbed by his attor
neys, would be sent to Jail as a de
serter from the Edward Sewal: tina
affiant was under the Influence q
liquor at the time Of signing such pa
per, and that afiiant does not remem
Der what occurred after the signing &
such paper, and the next thing tina
affiant remembers Is waking up unde
lumber pile the next morning: thl
afiiant Is weak mentally and was {
one time an inmate of an insar
asylum"