The Hawaiian gazette., 1870-12-07

The third witness, Kahananui, introduced on the
part Of the libellant, corroborated the above
evidence n the main points, but differed as it
regards the cause of the lIbellant's missing the
first whale off the coast of California. He stated
that the hbellant fell at the time he was preparing
to strike the whale in the Arctic, and that the
cause Of his missing the whale of the coast Of
California was the greatness of the distance.
The testimony of p. G. Jones and B. F.
Bowles established the fact that oil was worth
IS cents per gallon in Honolulu. The counsel
for respondent admitted the demand made by
Ebellant The libellant here rested his case.
Therespondent produced the ships articles, and
introduced on the stand Capt. Daniel Smith
who testified that he was the agent Of the Gov
ernment to settle with Hawaiian sealnen that
it was his general habit to explain the articles to
seal en- on their shipment; that be knew the
libellant. and that he told Kahanu. who acted as
his interpreter, to explain the articles to him. but
that he Capt. Smith, did not understand the
Hawaiian language. Kahanu was then called !:
stated that be knew the libellant but did not ex-
plain the articles to him, he was not esent at
the time of his shipment, and that he does not
understand how to read the English language.
Mr.. Nicely was sworn and testified that he was
the first mate Of the bark Trident during her last
voyage He shipped defendant as boatsteerer ;
had known him and served with him on a former
voyage, and told him before he shipped him that
he wanted good man, and that if he missed a
whale he would be broke. The libellant missed
a whale off the coast of California the boat was
on the left-hand side of the whale at the time,
about Z y feet off when he darted the lance he
struck with left-handed dart witness was steer
ing the boat, which was going before the wind at
the time, after the whale. in the Arctic the
libellant struck with left handed dart; the whale
was inside of eight feet when he struck. Witness
thinks libellant told him to luff or lay on, but he
was afraid to do so, as he would have run on
to the whale. In dartiDg a left handed lance, a
good boa,steerer ought to strike whale a
distance of twelve feet.
Tarpona, another of the boats crew, testified
that he was bow oarsman; lbellant was two
iathoms of when he struck the whale off the
coast of California heard him say that if he had
been gu the right side he would have struck it
good boatsteerer could have struck il. The
libel'ant told the Captain he could not strike OF
the left side. When libellant struck at the whale
in the Arctic. he was scarcely two iathons from
it. and on the left side the sea struck the boat
and libellant fell the lance went into the whale
about two inches. 1t was a large whale, anC
would have produced one hundred barrels.
10, the shipkeeper, was an old boatsteerer
heard libellant say he missed the whale because
it was left-hand dart which he threw said hi
told the mate to luff up lspr the whale, but h'
did not do So A man can not strike so far witt
a left as with a rght-hand dart Has know
whales frequently missed by the best boatsteerers
Carroll. witness for respondent, stated tina
he had been eevp years engaged in whaling. A
good boatsteerer should be able to strike with
eft-hand dart. Here the respondent rested
/ After the arguments. the Court said that
under the circumstances, he would decide th
case promptly, That the principle of law wa
well settled that the master for good cause, nigh
/ break or disrate an officer or one of the crew
/ That the Courts would only interfere where Their
was an abuse of that authority. That witn5sse
/ to a transaction of this character must necessa
rily vary as it regards the important fact o
distance. and very frequently as to the cause
alleged for the unsuccessful striking at a whale
/ That the master and mate showed no animosity
but on the contrary, a kind feeling towards tb
respondent, and especially that there was n
object for which they would be likely to act un
/ fairly, it being for the common interest to have
/ good boatsteerer That the master who ha,
/ all the shcts fresh before him at the time wa
/ able to Judge and exercise sound discretion
and there does not appear such an abuse o
authority, from the testimony, as would warran
the interference of the CoSrt He would there
fore give judgment on the basis of the 65th la.
as boststeerer. on the amount of oil taken up t.
/ the Sd day of September and according TO th
/ 10th lay the rate of a common seaman, on tha
taken subsequently. That as it was in proc
that the shipping articles were never explane'
to the libellant, be should consider he was no
bound by any stipulatons therein as to the vain,
of oil, but should value it according to the proof
at 35 cents per gallon. The amount due OIL
this basis being agreed upon, decree was entered
for Sls4.l2 cents and costs.
W C. Jones for libeant
r II Stanlev f,r resnopIent