The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1889-03-30
THE BARK FORFEITED.

. Decision by Nr. Justice Preston in Ad-
miralty-The Bark {. u. Bryant For
reited-For Having Opium in a Secret
and Disguised Place-AppeaI to the
court in Banco.
IL the Supreme Court Of the Hawaiian
Islands, in Admiralty. In Chambers,
before Preston, J. In the matter OF the
American bark c. D. Bryant
DECISION.
This is a libel filed by the Attorney
General on behalf OF the Hawaiian Gov
eminent against the American bark c. D.
Bryant, her tackle, apparel, and furni
ture, praying for a decree of forfeiture on
the ground: TT at at the time OF the
arrival OF said bark within this Kingdom
and at the port OF Honolulu there was
contained on board said bark a large
amount, to wit: sixty tins, being about
thirty pounds of opium; and that the
said opium was then and there contained
and concealed in a certain secret and
disguised place, constructed in said bark,
to Wit: in a secret and hidden pit or box
near tine rudder-pOst of said bark"
The master and part owner OF the said
bark interviewed on his own behalf and
on behalf OF +. Kentfeld and +. Kent
field, the other owners of said bark, and
by their claim and answer admitted,
- that certain opium was concealed in a
place in said bark, but deny that the
place where said opium was SO concealed
was a secret or disguised place con-
struCted in said bark, or in a hidden pit
or box, but allege on the contrary that
the place where said opium was con- |
cealed is a usual, customary and we'll |
known place in almost every bark of the |
class in which the G. d. Bryant be- !
longs" The respondents also denied |
all knowledge OF the said opium being !
concealed in the place where it was
found.
The portion Of the statute under which
the forfeiture is claimed Chapter VII.
OF the Session Laws OF 1856 is as fol-
lows:
All ships or boats coming into any
port OF this Kingdom having opium on
board concealed in false bulk-heads,
false bows, double sides or bottom, or in
any secret or disguised place whatsoever
constructed in such ships or boats, shall
be forfeited"
From the evidence, it appears that on
the 23d instant +. Turrill, the Port Sur
yeyOr, with two assistants, searched the
iazaret of the said bark, and, upon re-
moving some dunnage, canvas and wire
rope, attention was drawn to the fact
that some of the deck plugs appeared to
be newer than the others, thereupOn Mr.
Iurriil, with a pOcketknife, lifted four
If the plugs and found under each of
hem the head of q brass screw counter
sunk about three-quarters OF an inch
he screws were withdra Tn, and, on
pressure being applied, portion of what
appeared TO be the flooring, but which |
vas in fact piece Of plank about Il
inches by Z, with a false or blind seam
n the centre matching the seam in the
loor or the deck, was lifted, underneath
which was cavity or space in which the
opium was found.
1t was contended on behalf of the
and evidence was received,
hat a space under the deck was always
eft in double-decked vessels like the
Bryant; that sometimes such space was
Oyered and sometimes left open. And
t was argued that such space was neCes-
AIRY and usual, and was not a secret or
place constructed in the vessel.
| am, however, OF opinion that the
plum was found in d secret and dis
,uised place within the meaning of the
tatute.
Inc question OF intention or knOWl-
dye does not arise; the statute renders
he vessel liable to forfeiture if opium is
ound in such place, and it leaves me
10 alternative, finding as L have done,
,ut to make a decree as prayed.
l therefore declare that the bark G. d.
Bryant, with her tackle, apparel and fur
liture, is forfeited and order and direct
he same to be sold for the benefit of the
hawaiian Government.
\ decree dgill be signed on presenta
ion. EDWARD PRESTON,
Justice Supreme Court.
The Acknowledgement for the libel
ant; 2. Neumann for claimant.
March %, 1899.
After the rendering of the above deci-
ion, an appeal by counsel for the bark
vas noted to the full Court.