The Hawaiian gazette., 1874-11-12
Supreme COHrI--in Admiralty.
November 9Th. 1874.
CudeTo and odiers RS. 4. D. Wfeks, Master Of
he - Szl Breeze"
Before Justice Hams, at Chambers

Before Justice HARRIS, at Chambers.
OPINION OF HARRIS, j.
Tue Incl in the above case prays as follows:
=. Tiiat the Bark S-a Bro, z=' aud Wicks she
Master of the said Bark, Ge dvcrerd TO pay to the
hbelsnts, sufficient money Tor them 60 purchase
pasSsgeS SsH Fraueiscu. and their support mean
Nhiir, with the CASTS Of this libel, aud FIR such
further rviief ss justice and Law may requirr"
Tue allegations IN the libel sre mat the libesnts
shipped in the month ni May last At Nasasaki ia.
pan. tor whaling voyage hNard. tbeBee Ia San
FraisC=CO part al discharges aud : Iss aViu.s
completed her cruise ia the Orhutsk Sea, tue bark
pn-crrdrd Ioihs port II Honolulu, iqT the lgrpuse
&C discln rifg brT eari and obtainift frciEhi Tor
New B-siaJt; which iss IibeiIanis sllrse isa -via
tim eniiiling them 10 their discharge. Aud the
hbelauis urthrr stale that Weks The alasier OF The
bark, says they arr informed. thai ite libellsnis
must ~ 10 New B-dfnru aud settle this matter If
complaint theIe. sbd MUSES. Ia cpmPly HiIh their
just claims -ne4hing thereby. their eian % b dis
charged. aud L. be laid reasonable sum To place
them 10 San Francisco. aecotding TO the terms OF
their agreement. Aud Il likewise Hppears 10y the
Ibel that be libelanis subjects ui the Emlxnir
If Japan II iksWise apPvars that the bark Is an
American vessel
There vas M answer put IN to the libel, but the
captain VI be vessel appsarsd for bimsriL - b.
II was stated hy NJ Hart ~ ell. Counsel for the Ii
brllauis. that u had BEEN prupscd tu him, that II
he would agree 10 take 500 Tor Them al Cen) that
there Eyuld be no opposition made on the part Ut
ihr captain and oWnrrs al the vessel.
Tue "a pain being inerrogzied under oath. stated
that he had Engaged The men al hag4saki; that he
l'aid them SIS advancr there. aud that they had
taken up sane 'rioihing on The vUyaZr; Ibat he
had taken Gbosf 20 barrels Of OIL aud about 6oO lis
bone
Tue Captain likewise SAYS that be cane here 10
get 4 freight for New Bedford -but Il We have tu
psy so each fHr consular fres shall 20 IL San
Francisco The fees meant arc thpSe cxarird BY
the Uqiird States Law iulm suips sailing under
their flag Tor men discharged la foreign puTf
The Captain couiiuu-s u say. 1T Is more than
likely We shall ~ 10 NeE B-df1rd-
Nav. IL the sbip shall pr,'crrd ultimately 10 San
Francisco, whittier she can - and srriTe within
Clearly th<rs Would Be no deEiatilu frum rer Toy-
age, and II would be 4 novel Thing in this ocean,
II il should he held. that whaling SeSrel Which
was boaud 10 discharge brrmr in san FrsuciscD,
and which e1Ilrd here with yieE 10 obtain iHf,r-
matisu or for any other cause, her creE was 10 Be
discharged by fhis COurt ~ rrason Of her devia,
Iian- A Whaleman On cruise Is hnuHd To. No
p5t tieular pBi aud cann0t be sid % be Grviatng
irim his voyage BY rrasnn Of bis putting into this
part or thai pssrt - long a. b. Is pursung The r
q iaazte uhj-et ut his cruise Toe csplAiH has not
brken up his vnyagr Yet. fhnuSh Il appesrs he
The possibility N 81 dsiaz- TFuly
Il ILe ship vas ahsuf 10 pIOercd % AeU B-ifsrd
ard take 8hrse inca with her hrir caarart b. ihe
ennFrary not EirhSiandng. and the United SIaie-
Consul EoGid not intederr 10 discharge thr mru,
and thereby prevent 30 Errst . Nrpug-a thing
which L in fisrf insupposatle and which erTtninly
4 not Praenfed T. this edse,-ths1 the Court
ssU a-.s 49,. <--zE tsAs