The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1856-1888, 1859-02-10

Mr.. EpIroR-Sir II have read, with much atfen-
tention, your remarks in your paper OF the z'tn OF
last month in regard to the annoyances experienced
bv ships recruiting at San Francisco, particularly
those caused by pettifogging lawyers of that place.
T would. however, say that much can be written on
the same subject without going out OF Honolulu.
Without question, Honolulu is the most preferable
port in the Pacific for the recruiting OF whaieships'
provided the masters and officers can be protected
from the interference and attacks of certain lawyers,
whose presence here serves to drive away many YES
sells whose trade would add materially to the COM
merce of our port.
A case occurred a few days since, which came
partly under my own observation, and which | will
cite to show how much ship-owners and ~ship-masters
are pestered and wronged by the frivolous and
ridiculous complaints melted and encouraged by the
aforementioned pettifoggers. Simon Elbrecht, who
commanded and brought the schooner .Marflda to
Honolulu from Rio de Janeiro, afterwards shipped in
this port as mate Of the brig -Angeneh, and On the
evening of the 18th ult-, between 7 and 8 O'Clock,
was arrested and thrown into prison at the suit of the
former mate of the .Marilda. No complaints can be
brought against the officers of this government, who
only executed their duty under the law. Mr.. J. H.
Brown very kindly, and without delay. informed the
owners of the brig in regard to the state of the case.
But the apparently intended discourtesy displayed on
the part of the lawyer who instituted this suit in not
al least informing the agents of the .dngenet that he
intended a~rresting the mate of the brig and in filing
the complaint, so that the arrest which was made
after dark cannot be censured in terms too strong.
As it was, the vessel was left unprotected for nearly
.hree ho.r., aud large amount of property exposed
to piler.
annex extracts of the complaint upon which Mr..
Elbrecht was arrested. Il will speak for itself. and
show that the commercial prosperity of Honolulu is
sure to decline, if ships visiting our port are liable to
detention and annoyance in consequence of such petty
and groundless suits. 81
Extract from a Libel brought against Simon Ell
brecht by Heinrich Polack, mate of schooner Ma
rida:
THAT, while said schooner .Marilda was on said
voyage from Rio de Janeiro to Honolulu as aforesaid,
and. during the whole of said voyage. the said Simon
Elhrecht did abuse and maltreat the libellant, and
called him opprobrious epithets. Such as a id
Dutch Kaiser, and threatened to shoot libellant, and
also to lash him to the rigging and fog libellant, and
also threatened to cooper libellant up in a cask with
nails inside and roll libellant about the deck in such
cask, and also threatened with oaths and impreca-
tons to throw libellant overheard. And further,
during libellant's watch below, the said Elbrecht was
in the habit of hammering and stamping with his
feet above libellant's head ; maliciously and deliber-
ately intending to prevent libellant from sleeping or
getting his natural and necessary rest. That, dur
ing the whole time of the aforesaid voyage, the said
Elbrecht behaved with great ~inhumanity and cruelty
towards the libellant, and treated him with great
~indignity, so much so that libellant was frequently
obliged to ask the foremost hands for food. In con-
sequence of said Elbrecht calling lbellant a id
Dutch glutton, and by such means driving him from
the cabin mess. That the said cruelty, ill usage,
harshuess, inhumanity and threats of said Elbrecht,
this libellant was kept in misery and discomfort, and
was severely injured and damaged to the amount of
five hundred dollars"