The daily herald. [volume] (Honolulu, Hawaiian Islands) 1886-1887, 1886-11-09
SUPREME COURT.
Iho Admiralty Suit Decision OF the
chief Justioe-The Libel Dis
missed and Cross Libel
Sustaiued


In the Admiralty Division of the
supreme Court, at Chambers, yester-
DAY at three o'clock, Hon. A. f. Judd,
Chief Justice, delivered his decision in
the case of the Pacific Navigston Com
pany VS.. S. c. Allen, an action to LIBEL
the defendant for SIS, 1000 damages for
the loss of the steamer James l. Dow
sett IN collision with the schooner Moi
wahlne The counsel on both sides
were present, viz: for the libellants,
Messrs. Neumlnn, Thurston and Whit
ing and Creighton; for the respond
ents, Messrs. Dole, Kinney & Peterson
and Bickerton. His Honor dismissed
the libel and sustained the cross libel
filed by respondent S. c. Allen, for
500. 80 damages. After stating the
case, the Court proceeded as follows
81 find the facts to be as follows.
On Tuesday night about eleven o'clock
of the 10Th June, 1886, the schooner
Molwahine was proceeding on her way
from Honolulu to Kohala, Hawai-.
She was commanded by Capt. M.
Staples, a master mariner of expert
ence, this being his second trip upon
her She was new vessel, sound and
seaworthy, well equipped in every
respect, and had crew of Hawaians
and a mate and cook, in all nine souls.
The DJwsett was a steamer but little
over year old, running between Ho-
n lulu and Kuau, port near Kahului
on Maui. Capt CHARLES V. Dudoit
was her master, man of long expert
ence in inter-island navigation. She
had two mates, one engineer, one cook
and steward, and crew of ten men, in
all seventeen. On the night in ques-
ton the Dowsett had left Kuau at
about 0:3o p. M, and was proceeding
under sail and steam down the Molo-
kai channel for Honolulu The wind
was the usual trade wind, blowing at
the rate of thirty miles an hour, in the
direction of about +. N, L. The
Dowsett had all sail set and her course
was w. S. w. The breeze being fair
wind to her, her sails we're wing a wing,
her foresail being over on the star
board side and her mainsall on the
port side. She was going at the rate
of from nine to ten knots per hour
"The Moiwahine was running close
to the wind on the port tack, with all
her sails set and going from seven to
eight knots per hour, steering S. E. by
L. The night was moonless but the
sky was clear and the stars were
shining. Some say it was hlzy toward
the land. Shorty before eleven O'Clock
that night the bright masthead light Of
the Dowsett was seeu to windward by
the lookouts of the Moiwahine, re
ported to the mate whose watch it was,
and to the captain who, hearing hi:
men talking about light, had come or
deck. The vessels were about mid
way in the channel between Molokai
Lanai and Maui, at point estimated
to be somewhat eastward of the port o.
Kaunakakai on Molokai There was
plenty of sea room for both vessels
and there are no reefs or Instructions
to navigation near the place of COLI
sion"
His Honor then gives an accoun
Of the collision from the evidence o
those on the schooner, the substanc,
of which has already been published il
this paper. AS TO the state of affair
ON the steamer he says:--
"Capt Dudoit had lain down on
transom in the wheel house just be
hind the helmsman, few minutes be
fore eleven O'Clock, and had dropped
to sleep, having had but little rest thu
night previous and none during tn
day. A Japanese was at the wheel
The second mate, Liloa, was on watcl
at the time, Two lookouts, Kaupalei
and Kealoha, we're forward OF the fore
mast at the bits. The engineer, BOYD
was tending his engine, and the stew
ard, Antonio Galaspo, was lying dow
in the cabin but not asleep. All tn
rest Of the ships company we're eithe
in the house, on deck, or o
the hurricane deck, asleep TIL
steamer had left Honolulu the nigh
before, reached Kuau on Tuesda
morning, discharged her cargo an
taken in 1900 bags of sugar (I,so
bags being full load), the crew worl
ing all day, Capt, Dudoit says he wa
awakened by shout and as he jumpe
up from the transom he felt the shoe
(of the collision). The shout and tn
shock were almost together. The ma
at the wheel was shifting his wheel
port He immediately rang the be
to stop the engine, looked out of tn
wheelhouse window and saw tn
schooner he had collided with,
"The mate Liloa said he was squa
ting down on the port side of II
wheelhQuse when he heard KealOh
| ,1II.1,.,