Newspaper Page Text
Saturday Press Supplement, March 5, 1881.
Cruise of-the Pomare. Votaok or the Hawaiian Unto " 1'omark" Ija in Cnuiir. &iilelJtiiy2f.,l0,for.iiiliiit Crcwwd tlio IrJOth Merldlim from Greenwich, Inlvit. ! Jil' N., curry ing ro fnr steady to N, K. trndes, nttd fine wentlier to Auk. 'Jtli. 1'rnni (Into, llfjlit vnrinlile winds nml cnlinn to Jnlult. Arrived Sept. lnt .17 dny pjts- 8c,pt. tOtli, 1880, liht N.K. wind J 7iU) a. m. j-ol nntlerwcliili. At ilnwn wim clear of tlio IhIiuuIh mid Hlmpcil conroo to tho ciiRtwnril. Oct. loth crosHcd the Kqttntor In 1-oiin- 177 s IT K. Oct. ltUh, lrW), fuiiuirrd rtuity for liotunmli, mid np to ditto cxperienci'd cotiliimnl lieitd wind nnd minis. From ditto Oct. 18tli, Htronu; K.N.K. wind nnd flno wt'fttliur to Kotuinnli whero wo enmo to nnclior, Oct. Ski, ItW 44 dnyfl pitHwifio. Oct. IWtli, 18S0, np nnclior, ninde will, Btood for nn oftlnu;, nnd hIiiiikmI courwo for tlio IhIiiikI of Tniinn. Nov. M, 1880, nt dnjllKht close to tho lnnd VM r. M., cnmn to nnclior off lllnck lleixcli ; wont on Bhoro In tho bontH nnd enKuRed n boat's crow for recrnltinu pnrposeR. Tlio chief of lllnck Ilencli tolln me that a Cnnt. W. J. MoDonnld of tho lmrk Mtllmirnr from Vlc torin, AuBtrnllit, hnH purcliiiHed n larue tract of lnnd from him for tho piirpone of n cntllo rnnoh 7 tniloH Bon frontage nnd 10 miles Inlnnd. The chief expoctH tho vpshoI'h return Hhortly with ntock mm mntorinl for Iiouhph. Nov. filli, up anchor nnd stood over to Erro lnaiiRo Inland nnd nt iffl p. m. came to nnclior in Pillion Unrlxir. Went on shore nnd visited the Polynesian Mission Station. Mr. J. llolicrtson, n nnttvo of Halifax, II. America, nnd htrt lndy Mrs. Jtotiertson, received us very kindly. They sny they nro nnd also nppenr to bo very comfortable i ho informs mo that nil the natives nre ChriRtinns, nnd requested that I hIiouUI oblige by not taking nnv of their class people. Nov. nth strong S.E. trndeg, 8:30 A. M. up Anchor nnd shaped coarse for Sandwich Island, New Hcr brides Group. Nov. 8th came to anchor nt 4:30 p. M. in Unvnnn Harbor, Sandwich Island. Vessel in port, schoon er Tulml Cain, Cant. W. MoDonnld, from the Solo mon Islnnda on lalxir cruise ; 94 lnborera on board bonnd for Ixsvukn. Fiji. Cnpt. McDonald reports thnt n great number of laborers can lie obtained from the Solomon Islands. Those recruiting have to bo vory cautious nnd not put too much confi dence in the natives and nlso to lie well armed. Nov. 10th, having replenished wnter, nt 4 p. M. got under weigh, passed through Deception l'ftH Blllle. Nov. 11th off Api, commenced recruiting labor ers successfully unto Dec. 18th, 1880, being .EJdays in recruiting lit! fmmigrnnts. Deo. 10th came to anchor in Mission Day, Vnnua Ijtun Island, Hanks Group j lowered tho bonU and wont on shore the nntives friendly. I trnded for ynuiR, etc., nnd took several nntives on board j thoy seemed well pleased with the vessel nnd some of them promised to recruit next dny; fi p. m. returned the natives on shore. Dec. 20th grent chnnge in the weather. At 310 A. m. n henvy squnll from N.E., liiiO A. m. wind and sen rising. All hands were busy getting the ves sel underwoigh ; t! A. M. set fore top-sail, com menced heaving up anohor. The barrel of wind lass was carried nway nnd the windlass axle bent, rendering it perfectly useless. The vossel Jeing in imminent danger of dragging on tho reef, Capt. Tripp gnvo orders to slip tho chain, which wns done immediately ; tho vessel paid off hnndsomo ly : clear of the reef. At 7 A. M. fresh gale from N.N.E. and a heavy sea. Dec. X.d wind varied to N.W. by W., fresh gale ; 6:30 p. m. passed between Santa Maria and Vnnua Iinunand shaped course for Honolulu, having loft ono bower nnclior and 30 feet chain. Tho windlnss also being per fectly uscleRs, nnd it leing the hurrienno senson it wns deemed prudent to leave the group. Jan. 12th, 1881, moderate N.W. winds; at 4d0 A. m. the vessel grounded on the north point of tho outer reef of Htshop's Island. It was very dark impossible to see land at any distance. ior tunatclv the vessel went on very easy. Cant, lnpp lind the boat down in a few miuntes nnd a kedco run out astern ; tho wind being light lmd all sail furled. At daylight took about fiO people on shore including tlio women nnd youngsters. Also started tho water tanks that were on deck and pump ed water from tanks in tho hold ; nt 2 r. M. tide flooding, hove the vessel off ana maae biiu. Sounded puraptt tho vessel making no wator. At 4 p. M. I left tho vessel in the boats to fetch the rooruits from shore, fortunately just in time, as on our arriving we found tho natives ntUtoking our people, having nlrctdy stripped tho women nnd threatening to kill the men if they interfered ; however on our nrrivnl they Boon cleared. Having returned nil safe on lioard, up boats and shaped course for Jaluit. ,..., , ., Feb. 13th, 1881, strong N.N.E. wind; crossed tho Equator in 173 20' E. Long. Jan. 10th canio to anchor in Jaluit Harbor. V ea sels in port, scuoonor FiitHeimo from China, pon Higned to Messrs. Homshera & Co. ; also one local trader at anchor. ... . ,. , , Jan. 21st having replenished wator sailed for Honolulu ; flno weather up to Feb. 11th. Fresh westerly gnlo nnd n heavy sea running, carried nwny our port boat, foremost davit and midship rail. Feb. 11th weather moderating. Jan. 28th sighted Mnui, nrrived nt Honolulu Feb. 28th pas sage !W days, lieft tho Now Hebrides with 103 recruits on board ; deaths on passage 17 disease dj Rentery. Mkmohandum. On Nov. 28th when off Aurora Island nt dusk, we obsened two Bchoouers nRtern of us nt 8 p. u. A boat Iwnrdod its from one of tho schooners, tho ,imi, Cnpt McChrad, from New Caledonia, trading. Tho other schooner, tho Itltwht, owned by .Mr. ClmtUns, nil American gontloman, who with his partner, Mr. Johnson, him boeii i living this last four years on tho Island of Olia as traders. Uupt. aicuiouu miu air. iimiuiw w' tho boat j tlio gentleman ctmo on board to adyico its not to rccnut at Qbn. as h. Mr. Chattlns, had that day shot tho principal chief Ouley and then left the Island, .,.,.,, , ,,-., Mr. Chntnn's stateincnt is that tho deceased chief, Ouley gnvo orders for tho murder of his partner Mr. Johnson nud himself. Fortunately for Air. ChittHii he is Riilleriug front asthma and could not seep th.it night, nnd went on tho bench for n walk to cool himself, nnd during thnt time ho heard tho report of flrenrms nenr his house, ho wont unto soo tho cause and found his partner shot dead in his bed. Since then ho himself has not twen mo lested. Mr. Chiiftlu states also that it was Ouloy that gavo orders to take tho Muttry boat nnd kill nil hands. The people in tho boat were tho chief offlcer of the vessel nnd native boats crow recruiting labor forXueensland, and that tho said chief Ouley had a cannibal feast off tho body of tho white man; that, Mr. Chaffln saw himself. Mr. . Chnffln saysho has written to tho authorities about the murder of his partner, nnd ns no notice has Ik'OIi taken, nnd being nhont to to lenvc the island, he considered it his duty to ntenge the dentil of his partner, ami tlio death of ninny others, nnd re-tupsti-d Captain Tripp and myself to make his statement public, so ns tounrn traders not to trust any of tho natives live miles north or south of tho north jxiliit of Obit. November Kith. Not being successful on the south point of Aurora stowl over to Olm, and near tho place where Ouley was shot; hove to oil I.ong auna, tho north point of Olm, lowered the ImmUs and pulled in for the beach. A great number of men and women on tho beach v.rru more inclined to tight than to recruit; pulled about tho miles south to another chief's lauding. The chief of the district was not on the lieacli, but his son, Fung aney eamo to us nnd said his father had just ro turntd from n big meeting and fenst, all tho chiefs of tho tho island had met, and it was decided that nny boats coming near the shore were to be tired on and the crews killed if ossihl. The yonng chief advised mo not to attempt recruiting at Iiongauna beach in the morning, ns I told him I thought of doing; ho said if I did, they would de coy us close in, and shoot us all. I thanked the youth much, and nt d p. M. returned to the vessel without recruiting nny this dny. On returning to tlio vessel I met a canoe witlt a young native in it, thnt I hnvo known this Inst four years. I asked him nlxjut the disturbance on shore, and what kind of a mini his chief Ouloy was. pretending that I knew nothing of his death. The lad told mo he was a very bad man, and hud killed a lot of white men. It was he who had tho Mittri ;' crew killed, and another chief wns punished for doing it by n man-of-war ; ho also gave orders for Mr. Johnson and Chaflln to be shot, but Mr. Chaffln was not in the house at tho time or he would hnve been killed also ; but Mr. Chaflln has shot him now, so I am not afraid of talking about him. The youth's account corrolwratcs Mr. Cliaflln's state ment. J. 1)koukakr, Government Immigration Agent, brig J'amnrr. IN THE SUPREME COURT OF THE HAWAIIAN ISLANDS. In Admiralty Before L. McCully, J. In the Mattkii of tub Stkamriiip "SitrTrMA." A1U1UMKNTS OF COUNSKI,. Mr. J. M. Davidson appeared for tho libellnnt. Mr. A. S. Hartwoll for tho defendant. Mr. Hartwell said he could not help thinking that this proceeding was in deference to a sup posed public demanq thnt it lie brought now. it is pleasant at a time of such excitement to have to deal with the Court, and on questions of pure law. The authorities ho had cited would bo found to substantiate every exception taken to tho liliel. The extreme penalty of the law is sought. The Government had urged tho introduction of Chi nese, nnd held out no ordinary inducement to bring them here. If tho law authorized it, a rule ought to be made that foreign physicians ought to 1h appointed to each vessel bringing immigrants. There were no rules that the master should be held responsible for any contagious disenso being intro duced into the Kingdom, unless ho introduced it clandestinely. The libel should hnve been presented by the Attorney-Genenil in person, or by his deputy. Ho referred to the Act of 18fiG, page 10. lie denied that this wns n purely formal matter. It makes n difference if n sworn officer of the Crown brings a case or not. This libel is presoutdd in the name of the King. Tho oath appended is not nn official oath. This libel states that it is the libel of H. A. 1 Carter, Attorney-General, in behalf of tho King, as represented by J. M. Davidson. It is an anomaly, injurious ns well as irregular. His learned friend is not responsible for the nets of tho Hawaiian Government, still less responsihlo for the nets of tho King. It is ambiguous. It should be alleged that ho is tho Deputy Attorney General. Again, n libel of this nature should be iresented on behalf of the Minister of Finance, ut in this case his name is not used. It alleges that the forfeiture is to go to tho use of tho Ha waiian Government ; tho statute makes it for the benefit of the public treasury. That goes to show that the Minister of Finance should order such nrocnnlincs to be instituted. This is not it case of Admiralty, by either English or American law. Ho referred to section 12!U of the Civil Code. That section does not contain any caso of this nature. In England no statute exists authorizing cases for breach of revenue laws to lie tried in Admiralty. No Court should pronounce sentenco under tho law, unless tho law presents the facts. The Court cannot infer that small-pox wns in troduced clandestinely by tho Stplium. It is the master alone that is called upon to account for this disense. In order to make, tho master guilty of this offense, it must bo averred that he knew all about it.' A man cannot conceal what he does not know. Uy Worcester, tho word "clandestinely" means "studious concealment." To bring in small-pax, or to bo negligent about the sanitary condition of n vessel, is not it penal offense on the part of tho muster. Ho admitted nil tho law re garding criminal negligence, but n malfeasance must be proved. A false statement would not be a basis for an action at common law, unless false to tho knowledge of tho person making tho state ment. The statute requires not only failure to report, mil tue uoing oi soiueiuiiig in oruer to conceal tho introduction of contagious disease. It would bo well if wo had such n statute, cimiIHikj a master to know or to ascertain what disease ex isted on board of his vessel. A false nssortion cannot bo made reason for tho forfoituroof a ship. Ho referred to tho penalty by section 301 for "not reporting" tho disease. If tho master was put im mediately under quarantine, he had not tlft op portunity so to do. Tho Court would not impute to the waster knowledge which ho is not averred to possess. Take it for granted there wns it case of small-pox on board, absolute knowledge hud to bo shown. What ono person might have reason to know, nnothor inlglit not. 'mere was no averment throughout tho libel to show clandestine introduc tion of tho disease; lie therefore contended that tho liltol should bo dismissed. The Court should bo vory exact in measures calling for forfeiture. When tho Goernnient set to work the machinery of tho law, it Bhould conform to all tho require ments of law. lly Art. Ill of tho libel tho Court cannot pronounce n sentenco, ns no net is thoro' alleged to be against tlio statute. In analyzing tho libel, ho pointed out that it wns not alleged thnt tho vessel was brought into harbor nt the request of tho master. Tho law places the qunrantine grounds ns outside the reef. Lot us know who brought this disease into tho Kingdom lieforo property valued at over $100, 000 is forfeited. The extreme penalty of tho law is sought for, and if lie hurts anyone's feelings, he was sorry for it. How could tho master conceal from the health officer any disenso before tho ves sel was inside tho harbor ; this was an important item. They were not thero to answer ambiguous charges, nnd if tho libel meant anything, it should Ih- so defined nnd certain that no error could be made. Lastly, he saw no averment in tho libel, on which the Court could pronounce sentence of for feiture. If any gentleman connected with the Government caused the essel to miter the harbor, the master was not roHonsiblo who brought the said steamer within tho hnrlxir of Hotnriulti ? Tho statute snjs tho disease must bo introduced Into lite Kitiiilmn. Ho wanted to know what he hud to meet. A copy of the henlth certificate should be nppended to the liliel. If a mutt was brought up for forging n document, the p,tor must bo pro duo d. It is monstrous to cause a imtsou to answer n charge of milking a fiilcc certificate unless thnt certificate Is set forth, lie contended thero wits a difference between ths public treasury nnd the general go eminent. He prayed thnt the libel be dismissed. Mr. Omidson said that this wns n civil proceed ing, and he undei stood that ns civilization ad Minced, pleadings were becoming less technical, nnd more liberal and sensible. He considered tho criticism of his learned friend, unfnir nnd Illiberal. 1 ou must tnko the context of tho pleadings ns well its the context of tho law. The first exception taken is, c the Attorney-General. Tho Attorney General represents tho King, (Laws 18M, page 14, Sec. f) and ho, Mr. Davidson, was employed ns advocate in tho mutter, which was a right to bo inferred from the maxim, tiilfarrt ixr nlliim, facet lrec. Confiscation for the i'libllc Treasury is th same as forfeiture for the benefit of tho Ha waiian Government, nud tho language of tho liliel means that. It had been said that the suit must lie brought by tho Minister of Finance, but tho law gavo here no right to bring such suit. Tho statute gave tho Minister of Finance tower over suits for forfeiture of projierty and sliiw violating tho revenue laws, but in proceedings of this nature, he considered the Attorney-General tho proper person to conduct the suit. It is his duty to bring forward all actions relating to tho interests of the country. In referring to the statement that this suit should not lie brought lieforu an Admiralty Court, but be--foro a Court of Equity, he contended thnt tho lnt ter could not pronounce sentence of forfeiture, theroforo it wits necessary to establish Admirnlty Courts with power of forfeiture, and ho believed jurisdiction was conferred on tho Court by tho express letter of the law. Tho learned coun sel contends thnt tho liliel is vngun nnd un certain, but every material fact is set forth. It contains a narrative of the events from which the right, of action arose. Itepeti tion does not add to that which is well said. The old mode of pleading has passed away, and a distinct manner of announcing facts has been substituted in its stead. He denied that know ledge on the iiart of tho captain should have been alleged. If tho captain was negligent, he was guilty of culpable and criminal ignorance. It was his duty before ho enrao to this port to know the sanitary condition of his vessel and neglecting that duty he is liable to the law and should pay tho penalty. He cited the case of tho Sebrankit. Tho excep tions are technical and frivolous. Hut if the Court should find the libel insufficient the right to amend would follow ns a matter of course, and wns a right under the lnw C. 0. 114fi. Tho libel articulates sufficient facts to let the Court know tho nature of the offense. He therefore asked the Court to sustain this libel nnd dismiss the exceptions. Mr. Hartwell ngroed with his learned friend ns to propriety nnd liberal rules of pleading, but he loved correctness nud exactness in tho language used. Justice McCully snid, ho would examine tho authorities. Ho had arrived at a conclusion with regard to ptrt of the exceptions. The henlth cor tificnte should certainly hnvo been set forth. Tho liliel tailed to show thnt disease has lieen brought into thin Kingdom by the Sejilhuu. A judgment to dismiss this libel is in favor of tho libelhtnt, un less they assumed tho responsibility of holding the veseel. Mr. Davidson said ho would prefer to take tho responsibility to tho libel being dismissed. His Honor delivered the following judgment : " The exceptions nro in part sustained, and tho libel dismissed." a -xr aiian BELL TELEPHONE COMPANY ! INIKl'OHATKI JK'. 30. 1HHO. 11. A. WIDEMANX 1'uksiiikst 8. (1. WII.DKIt Vice riiKsii.ENT C. O. 1IKKUKU SEC1IKTAIIV AMlTlIKAHUKKll WF. AKK XOW PHKI'AHKn TO NKI.I. OK rent to tlin public fnrprltntc pnrpooe only, com plete nntrltH of Telephonic Iiixtriimeiitn of the latest puttern ti, including the celebrated ' lllake TriniKmlttcr.' We will alhti fumUh rllmate to erect nrltnta Tele phonic Unci' on the other Mauds. For lmrtlculurs, apply to C. O. HKKOKK. 813 31 tun Sec'y Hawaiian lkll Telephone Co. TO U2T. AFlJs'K TjAKCK COTTAGK, Con taining Parlor, three lliilriiomv. Dining ltoom, Kitchen, anil larpe l'untry; nlmi. Carriage llmn-o mill manic, nuiiaicii mi .Miiiumi itnail, Juki aunto the drift bridge, mar .Mr. Ciinlia's rcKlilniLO. For furthir Information enquire uf IIAKT I1I10S., 811 SB At the Axtnr Honi-e. Hotel St. The Germania Market HAN IIKKN TIIOKOIIUIII.Y KKNItVATED and In nnwcnnntaiitly In receipt or the best of MEKF, MUTTON, VEAL AND LAM1I, Front Cholcent Herds. Fork riauage, Ilolojnaii, Head Cheee, Cierman KniiMiirra, .lc, nlwnja hand, n nWn tliu bent of Poultry ami Fih. Our -Miutsareall cut and put up In Kaxtcrn stjle. All orders faithfully atttuilcd to, anil delltere.l In any part of the city. 17 fim HAl'I'P A. hOHHADKK. 1'roprlclnrn. NEW ZEALAND OATS! 4 t'KW, nuH of Tiir.si: '-.m:iiiiaii:i CV Data, ex "Aw-tralla." AIo, New Hay, Oats, Bran, Wlmlo nnd Ground Ilarloy, Wheat, Wliolo and Clucked Corn, Middlings, Oil Cuke- Maul, Mixed Feed For Sale Cheap For Cash. ' Im I.AINK a 00. Wailuku Poi Factory. BEST QUAXilTY OF PAIAI MAN ufactured conntantly. All order nlltd llh din patch. K. H. 1IAII.KY. H ly Wailuku, .Maul. SHORT HORN CATTLE!. . PURE STRAINS. - ,. ) 'K.WI I Tho HJrxtijr Hoyd X PURE-BRED SHORT HORN CATTLE Of Jcmc I) Carr nu (Inlillnu llanclin Monterey Co., California, IS NOW OFFERED FOR SALE. Till herd ionltliiir of one hundred lienil, In 0NK OF TIIK BKST IN AXKHHJA. .Mr. Carr ha taken irrrnt pain In relectliiKandbrerd In? thin lii'td rexarilltM nf expense, ami It Ik u choice liit of entile, lint mily In reference tn nririlliiK lint hi regard in Individual merit. It Ik from the Best Imported ami American Stock. The Mimttrtu Democrat khk nf Mr. Cttrr'n Mocks " In appearance HiIk held will i (impure ullli any inr- riiiinuuini; nu inner nt tattle Mi the unitiil mate; uhlle In reKpect to pi dii;ricuud purity uf i-lraln It Ik not probable, that they hate their iipuiiK on thu I'uclllc Coast. The lat Importation or .Mr. Carr, rrlirrncntlnir ft.UI IHll MMia .l..fl (lIiI, ti... , I.... ,.f .. -...I.... i... i.... rtruliiK of the mo-t Imprmed Klotk." The Jfatlonal J.I ir- Stmt Journal Kayst " If our readers III turn to California e will point II pi oi out, tne location or 11 ranch unich Ik Ihe nrt Klinrt-horn fKleiuli In the Fur Wert, and the joy of Hk nnner. I lie nealthv hanker -Mr. .1. 1). Carr. From uumeroiiK iniiirrca ve hate heard voluntary teKtl mony bk to theKiiperlorlly of .Mr. Carr'n herd overall otheiK on the I'uillic Hlupe, both as riKiird pcdlijrce and that other (Treat ilmhleriltum, inimviiiUal m kiut." THIS ENTIRE STOCK Ik now In the IiiumIk of the unilerli;iicil to be dlKpiwed of, ami will be mid at prleeK ranjilnp, accordtni: to merit, from $Jwl to $ mil. Catalogues of the Herd, flltliiir the pedigree of uirli, will be fiiniihed on op plication Apply In perron or by letter tn ' :im l)K..IQliN WEIK. Honolulu. nc. IE3 0 T, Watchmaker, Jeweller, Engraver, AND Diaxnond Setter, NO. 6 KAAHTJMANTT ST. 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THE HONOLULU IKON WORKS COMFY SHI a :iy "artesian well tubes, The Honolulu Iron Works n mm prepared to FURNISH PRICES AND SHOW SAMPLES oi'tiii: Aituvi: 1'ito.n National Tube Works Co's Works, AT.McKKKSl'OItT, 1'A., And to make coutractn to deliver it In larj;P or Mnull qnantltlrit In tlilnclt. 8.M !W tf SEIBERT'S AUTOMATIC STEAM CYLINDER LUBRICATOR KOII hai.i: 11Y Tin: HONOLULU IRON WORKS CO Thin little apnaratun iilln the cylinder coiinUnllv nnd ptrfectly. bo little oil l imtil that it fatlui: of oil and wear eipuil to four ttinea Ha cnnt may lie ellected 111 one ieai!Oii, Pint Size. $45. Half Pint Size. $30. 6.Ki-y , T r T Ulll JUST RECEIVED AX INVOICE OF HEIDSICK CHAMPAGNE, "DRY MONOPOLE," And Koi Rale, by II. IIACKHKI.D Jt CO. ' 'tuumntvnttH-rimmmim' BtiitTrtiiWiianiTiiwnrrii-rTirwrwawaTTritltVitWfTO