The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1886-10-27
Supreme Court.
N ADMIRALTY 49, BEFORE sIE. JUSTICE
NCULLE.
NV,,-r,,y October 25th

Allen This was an action to recover
the sum of $25 900, being the loss al
legged to have been sustained by the
sinking Of the steamer J. /. Dowsett,
owned by the plaintiffs, after collision
with the schooner Moi Wahine, owned
by defendant, in the Molokai channel.
Hon Paul Neumann, Mr.. L. A. Thurs
ton and Messrs. Whiting & Creighton
for the Ibelants; Mr.. s. B. Dole and
Messrs. Kinney & Peterson and Mr.. r.
F. Bickerton for the respondent.
Chas Dudoit, Captain Of the Dowsett,
swore that he was coming from Kuau,
Maui, to Honolulu The vessel was
water-tight and in good condition, and
had on board 300 bags sugar. A full
cargo would be ! 800 She was fully
manned by a Hawaiian crew, with 2
mates, 2 fremen, engineer and 2 be
fore the mast. A quarter to II o'clock
the night Of the collision the lights were
burning and all was in order. Lee Low
was on watch and the two were before
the mast. Sagi a Japanese, had the
wheel. Witness was doing off to sleep,
when he heard a strike and yell He
Immediately pulled the bell. Heard
some one from the schooner sing out,
where's your light?'' Went aft and
heard boy on the Dowsett say, Look
at that schooner; she has no light"
Witness knew she had no light The
greater part of the schooner was between
the Dowsett and the island of Lanai.
The only light witness saw was aft.
When she struck sail was taken in and
the steamer went back for her. There
should have been a green light on the
side witness was, and mad it been there
he must have seen it. A green light
showed up on her port side, which is
the wrong side. The vessels were about
800 feet apart. The engineer reported
the steamer was making water, so sail
was set and she headed for MOlokai.
Was going that way or 1 minutes, and
was or miles distant; worked pumps,
but there We're notwithstanding feet Of
water in hold Took to boats after two
hours sail and pulled for Kaunakakai,
Molokai. Left the usual lights burning
on the steamer, and saw them for half
an hour after she was abandoned. On
reaching Kaunakakai found the steamer
MokOlii, and reported the loss of the
Dowsett to her Captain AT the time of
collision the Dowsett was going about
OF lyrO+s. I,ar orJ;Dor,, -,,ood rr,s =
knots; she was under steam and sail.
Had met the Kinau at 10 o'clock; her
lights were visible. The schooner was
struck on the port side, or feet from
the stern. After the collision the
schooner headed on her port tack. The
light was exhibited at that time between
her fore and aft rigging. Witness saw
no light at any other time; saw no one
on her deck; hailed, "Pehea piliBia
oukou," and some one said, "Ae pilikia
no." Seeing the steamer was making
water, paid no attention to the schooner.
The two men on watch were put there
at o'clock. A little before II witness
said to the watch, "Keep a good look
out" Did not hail the schooner when
between her and Lanai because the
steamer was to leeward of her When
the collision occurred witness sang out,
"Bovs, take in sails The steamer
was then heading for Molokai, and the
schooner for Lanai. The wind was on
the starboard side, about N.N.E. to Z.
The schooner's sails were over on her
starboard side; the Dowsett was the
nearest to Molokai. The schooner had
a white hull. The Dowsett struck her at
an angle.
Lee Long, second mate of the Dow
sett, swore it was his watch at the time
of the collision. He placed a watch of
two men forward at s o'clock, and from
that time walked up and down. Did
not see the watch asleep at any time
When the collision occurred witness was
at the front door OF the wheel house,
filing his pipe. The first he knew Of it
was when Keoloha, one OF the watch,
sang out three times, eve are about to
collide" As witness jumped on to the
main deck the shock caused him to fall
Immediately got up and called out to
the other vessel, "You have no light"
and asked, care you pilikia ?" Some
one said, ''Ae pilllia no" Witness saw
no lights on the other vessel. Could
see no light on her starboard side as the
Dowsett passed between her and Lanai.
There should have been a red light on
her starboard side, but it was on her
port side. Saw no other vessel that
night previous to the collision.
Observation-Disclosures said he had
never told anybody that he did see
some light on the schooner. Did not
know what he said to Capt Sam; was
intoxicated at the time Mr.. Kinney
had asked him to be a witness for the
defense. At that time was not in the
employ of the company Did not tell
Captain Sam that after encirclihg the
schooner he saw a green light on her
starbOard side There were no regular
watches on the up trip. Watches
change very often, owing TO the new
men not knowing how to steer. Saw
Captain Dudoit twice on the Tuesday
night that the collision occurred. He
was both times looking about, telling the
watch to keep a good lookout The
first time was at 80, and the second at
10 80. At the moment OF the collision
the Captain was in the wheel house
heard him call ont to the crew. Witness