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Saturday press. [volume] (Honolulu, H.I.) 1880-1885, March 05, 1881, Supplement, Image 4

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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
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813 31 tun Sec'y Hawaiian lkll Telephone Co.
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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
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Fork riauage, Ilolojnaii, Head Cheee, Cierman
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17 fim HAl'I'P A. hOHHADKK. 1'roprlclnrn.
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' Im I.AINK a 00.
Wailuku Poi Factory.
BEST QUAXilTY OF PAIAI MAN
ufactured conntantly. All order nlltd llh din
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H ly Wailuku, .Maul.
SHORT HORN CATTLE!.
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PURE STRAINS. - ,. )
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X
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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....
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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.
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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."
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Ik now In the IiiumIk of the unilerli;iicil to be dlKpiwed
of, ami will be mid at prleeK ranjilnp, accordtni: to
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Catalogues of the Herd,
flltliiir the pedigree of uirli, will be fiiniihed on op
plication Apply In perron or by letter tn
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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

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