The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1856-1888, 1860-12-20
Reply OF CaPG. SowIe 10 the Admiralty Court
Occasion.
HoxoLULU, December 18th. 1860.


HoNoLULu, December 18th, 1860.
Editor OF the Pacific Commercial advertiser:
. SIR:-The issue Of the P0lyassiaR newspaper Of
the 10Th instant, contained the decision Of Chief Jus
tice Allen of the Supreme Court Of the kingdom,
everything the Protest Of the United States Consul
against the Jurisdiction Of the courts Of these Islands,
in the suits brought against me by one Manuel
Enos, 4 seameu lately on board the American whale
ship Montreal, under my command, and also a de-
cisiou q Judge Robertson of the same Court in that
suit, and another decision Of the same judge in the
suit of Manuel Vieyia, also = seaman on board the
said snip, casting me in heavy damages.
As these decisions have now gone before the
public through the columns of the press, and those
Of Judge Robertson, containing statements in one,
that - 4 small amount of testimony had been pre-
scented on behalf of the respondent. but very meager
and Of little weight, while the respondent himself
has been content with filing his written answer, de-
nying in general terms the allegations of the libel,
aud has not availed himself Of the opportunity
freely offered him to come upon the stand. and con-
tradct or explain, if be could, the testimony of all
Of the witnesses produced against him." and further,
IN another, that the respondent filed no answer
in the cause, but suffered a default to be entered
against him feel it Incumbent upon me to
state the reasons my evidence was so meager in the
Viz case, Us why L Uleu no answer IN the Otner, or
offered to come upon the stand TO contradict or ex-
plain the testimony Of the witnesses produced
against me. and in conclusion to give a brief &C
count of incidents in the seasons voyage, during
which Messrs Wilfong, Lewis, Smith, and Perry,
10 whom I attribute all the difficulties which have
arisen on board of my ship and also at this port,
were under my command. 1t was my firm intention
when l first arrived here, TO have commenced pro
ceedings before the L. S. Consul, against these men
as mutineers, but l was overruled by the advice Of
my friends. The reasons why the testimony offered
by Inc was so sparse, and that l did not appear upon
the stand, were that I did not recognize the jurisdic-
ton Of the court, and was advised by my friends to
keep away, and when led by curiosity TO know what
was going on, TO be present as 4 spectator, was sent
for by friends, and told to absent myself, and was
even told by my attorney, " that he did not want
me there, that l had better go" Evidence that 1
had waiting for three days to be taken in the first
case, was not called for, and my attorney said be did
not wish any evidence in contradiction, and in the
last case, my attorney merely entered the protest of
the U. 5. Consul against the courts jurisdiction, and
left the Court Room.
The following statement of incidents, with my
journal before me to refreshen my memory, l give as
that Of my late cruise
Ileft Honolulu, November !, 1859, in the whale ship Mon.
trfGL, y. b., on a general whaling cruise, with Geo. W. Viii
foug. Ist officer, Lewis Lasure, FrencLman. II officer. Chas.
Perry. a Portuguese, Sd officer, Oliver Williams, an Hawaiian.
ith officer. (now on board the Montreal in the same capacty.)
Charles Smith, a Spaniard, as 9Th oficer.-and a crew Of SO
men. From the period OF my departure from these Islands, up
TO the time he left my ship, L was disappointed in my first
officer, not only as a whaeman, but in every other capacity de-
srable in one who is second in command. on the arrival Of
the ship at Guam in the month Of January, while l was absent
on shore, the crew drove him below and took possession Of the
vessel. AT NanEasaki. in April, when I left the ship, he told
those of my crew who wished, that they could leave her. His
object apparently was, to cripple my vessel, so as to cause her
to remain at Japan; In the Japan sea, he endeavored to in
duce a boats crew to desert with him ia the month Of June.
on the morning Of the 18th. l have every reason to believe, he
endeavOred to run tie ship on shore, end for the truth Of this
statement l would refer TO Capt. Jernegan Of the ship Len
Stdrbuck. On the Sd of August, in Shantar Bay, when my
vessel was at anchor, he succeeded in taking the ship from me,
and had possession Of her IL hours. He was enabled to obtain
the majority Of the crew in this high-handed outrage, they
the ship Isaac HOITldnd, came on board, aud nduced him TO
liberate me. He then left my ship as soon as possible and
went on board the Isaac HOUiaHd-from her to the Len Star
buck, and from her to the Ohio, in which vessel he came to
the Islands.
The foregoing are the principal events which occurred on
board the Montreal l might elaborate more fully into partic-
ulars, but / think the general outlines 1 have given, will suff-
a seafaring life, the motives which must have prompted
the fabrication of such horrible and unjust charges as those
brought against me, in order 10 eNtenuata the mutinous con-
Of my officers and crew. Conscious of my own innocence,
and relying upon the moral support OF friends, who have stood
by me unwaveTingly from the first | trust yet TO show that |
guagc OF the learned Judge, Z" the annals OF criminal jurispTu-
ience scarce contains" another which ain the exhibition Of
moral deprayity surpasses it"
NATHANIEL W. SowLE,
Late master ship Montreal, of New Bedford.