The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1856-1888, 1859-03-03

Judge Hoffman v0s the Bark '" u umkees' "a
The last mail from San Francisco brings us
Judge Hofman's opinion in the suit of Martin
Gallagher Us. the bark Yankee, in which the
Judge reviews the evidence and awards to the
libellant. Gallagher, the sum of $4,000.
The Importance which attaches to this decision,
although not a final one, leads us to examine it at
some length, and to inquire whether the grounds
on which it is based are tenable.
1t is quite singular that Judge Hoffman does
not refer to any legal authority to strengthen his
decision, or one case which might sustain it. The
IS opinion opens with a statement of the facts
ELECTED, which we quote:
The libel in this case is filed to recover damages for a marine
The facts are clearly established by the evidence.
II appears that the hbelant, who was a night Waterman In the
Custom House, was, on the 18th May. 1856, seized by certain
persons acting under the order Of the Vigilance Committee, and
conveyed to the rooms OF the association, where he was held as
During his confinement a kind Of Investigation with regard to
his character and conduct was made by the Committee. The in
vesdgation. called by them a trial, was conducted in the absence
Of the prisoner, by examining such witnesses as were produced
The result Of the examination was the conviction Of the ac-
cused, not OF any particular oaense, so far as appears but of
being a " d~isorderiy character, " "a pest to society, and a nui-
| sance.n
He was, therefore, sentenced by the Committee to Danish
ment from the State, never to return under the severest penal
ties" i e., under penalty Of DEATH
In pursuance Of this =" sentence" the Hbelant, with several
others, was taken by an armed body OF men from his place Of
| confinement in this city, and put ON board q steam-tug, which
conveyed him and his guard TO the Heads. The bark Yankee.
which was beating out to sea, was there overhauied, and the
IbeIlant, with two other persons under a similar sentence, were
placed on board Of her.
Much testimony was taken. with q view Of showing the partic-
ulsr conduct and language OF the libellant, when he was going
on board the vessel. ~
1t does not appear that either he or the other prisoners made
any very strenuous opposition to going on board. Such oppcsi-
ton they no doubt were aware would have been fruitless and
II is probable that they were happy 10 escape in any way from
the power Of . body Of men mt whose hands they had for so long
a time been under daily apprehension for their lives
1t was evident, however-and the fact was not seriously denied
Mt the hearing-that the master OF the bark was fully aware Of
| the circumstances under which the libenant and the other prs-
oners were placed on board his ship, and that an arrangement
had previously been made with him to receive and convey them
| to Honolulu.
He. undouhtei!y, endeavored to evade the responsibility he
| was incurring, by attempting to obtain from the prisoners some
| declarations OF admissions that they were willing TO go. But he
! must have been aware that they could, in no sense, be deemed
voluntary passengers, and that the answer Of Gallagher, to the
| effect shat he supposed he had no choice in the matter" truly
described his situation aud expressed his feelings. -