The Hawaiian gazette., 1868-12-09

The San Francisco Commercial Herald and
Market Reyier of November 21st contains
the following,
BARRATRT.-Next to treason and murder,
in point of Nervousness, comes barratry,
which is defined as fraudulent breach OF
duty, or willful act Of known illegality, Oh
the part of a master of ship, or OF the mari
ners, to the injury of the owners of the ship
or cargo, and without his consent, and IL in
cludes every breach of trust committed with
dishonest views, as by running away with
the ship, sinking or deserving her, or by en-
beZzling the cargo. AS the commission OF
this crime aims ut the very life of commerce,
1t Is punishable with great severity. There
seems TO be every reason TO apprehend that 1t
has been perpetrated in the case of the schoo-
ner s. d. Bailey, Capt. c. K. Robbins. In
May last that vessel cleared from this port
for Vancouvers Island, with valuable cargo,
insurance upon which had been effected to
the extent OF nearly S60, 900, the risks being
mostly taken by New York Companies-the
California Marine Insurance Company taking
81 900. All the regular formalities were OBJ
served, and on the 18th of May the schooner
sailed. Several weeks elapsed and nothing
being heard of the vessel, parties interested
in the cargo began to feel uneasy, Capt
Robbins had bought and paid for the vessel
but little while before sailing. No insur-
ance was effected on the schooner, as she
was deemed rather unseaworthy. After three
months had passed without hearing OF the
vessel, claim was made for the insurance
money; but the officers, not satisfied that
the schooner was lost, deferred the payment
OF the larger claims, but settled some small
demands based upon, the loss of some drugs
and hardware belonging TO parties in Victo-
ria few days ago telegraphie dispatches
from New York gave the information that
Capt. Robbins and the Bailey had been heard
from.
II appears that he went direct from this
port 10 the little rocky island known as
Fanning's Island, where he put ashore and
concealed about two-thiTds of his cargo
taking pains to deface the marks. Fanning's
Island lies about !, 100 miles due south of
Honolulu, and about four degrees north of
the equator 1t can be reached by a steamer
in fifteen days from this port. From Fan
ning's Island he went to Nelson, a sea port
on the northwest side of Australia and there
sold the remainder of the cargo at auction
receiving the proceeds of the sale Capt
Robbins then caused il to be understood
that be was going to Melbourne; but seems
to have changed his mind, aud finally brought
up at Lyttleton, port in New Zealand,
probably on his way TO Fanning's Island TO
secure the bulk OF his cargo, the more yalu-
able of which was shipped by Benedict Rein
hart of this city.
The U. s. S. s. Sagiaap has just been re-
paired, and is ready for u cruise, We're she
dispatched to Fanning's Island, which is
about halfway between San francisco and
Australia, the more valuable and larger por-
ton Of the cargo might be recovered, and
Capt Robbins be secured together with the
schooner. We presume that some such ac-
tiOn will be taken, for if U. S. ships are not
for the purpose OF protecting American COM
merce and interests, We would like to know
what they are for in the time of peace For
tunately, such cases as that of the s. d. Bal
ley, are very uncommon, and they should be
pursued with promptitude and vigor when
ever they occur.
We have the following to add:
A lot of dry goods, evidently forming part
of those spoken of in the foregoing commu-
nication were brought here from Fanning's
Island in the schooner Kinau and entered at
the Custom House by most respectable
merchant at this place They were sold at
public auction at the rooms Of Adams & Will
der on the first of December At the time
OF this sale no positive ground for suspicion
was felt in regard to the origin of these goods
until the Sea Serpent brought news which
was ola nature to induce the agent of the
California Insurance Company here, as well
as other parties interested in the matter, to
take proper steps to have the proceeds of
the sale deposited in the hands of respon-
sible person and to cause the party connect
ed with the importation of these goods to re-
main in Honolulu until the affair has been
thoroughly investigated and if possible the
accomplices to this barratry be held to ac-
count before the courts of this Kingdom or
elsewhere.