The Daily bulletin. [volume] (Honolulu [Hawaii]) 1882-1895, 1889-03-29

In the Supreme Court of the Ha-
waiian Islands-In Admiralty. In
Chambers, before Preston j. In
the matter of the American bark
Z. ID. Bryant.
DECISION.
This is q libel filed by the Attor-
ney-General on behalf of the Ha-
waiian Government against the Am.
erican bark c. d. Bryant, her tackle
apparel and furniture praying for a
decree of forfeiture on the ground
"That at the time of the arrival of
said bark within this kingdom and
ut the port of Honolulu there was
contained on board said bark 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
secret and hidden pit or box near
the rudder post of said bark"
The master and part owner of the
said bark interviewed on his own be-
half and on behalf of +. Kentfield
and f. Kentfcld, the other owners
of said bark, and by their claim and
answer admitted, "that certain
opium was concealed IN u place in
said bark, but deny that the
place where said opium was so con-
cealed was secret or disguised
place constructed in said bark or in q
hidden pit or box, but allege on the
contrary that the place where said
opium was concealed is Il usual GUS
tomary and well known place in al
most every bark of the class in
which the G. d. Bryant belongs"
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 1860 is as follows:
CAL 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 23rd instant f. Turrill the
Port Surveyor with two assistants
searched the idzuret of the said bark
and upon removing some dunnage,
canvass and wire rope, attention was
drawn to the fact that some of the
deck plugs appeared to be newer
than the others, thereupon Mr.. Tur-
rill with a pocket knife lifted foul
of the plugs, and found under each
of them the head of brass screw,
countersunk about three quarters of
an inch, the screws were withdrawn
and on pressure being applied, 0
portion of what appeared to be the
flooring, but which was in fact a
piece of plank about II inches by
seven with false or blind seam in
the centre matching the seam in the
floor or the deck was lifted underneath
was cavity or space in which the
opium was found.
1t was contended on behalf of the re-
spondents, and evidence was received
that space under the deck was al
ways left in double decked vessels
like the Bryant, that sometimes such
space was covered and sometimes
left open. And it was argued that
such space was necessary and usual
and was not secret or disguised
place constructed in the vessel.
| am however of opinion that the
opium was found in q secret and
disguised place within the meaning
of the statute.
The question of intention or know
ledge does not arise, the statute
renders the vessel liable to forfeit.
ure if opium is found in such q
place, and it leaves me no alterna-
tive, finding as l have done, but tc
make decree as prayed.
/ therefore declare that the bark
G. d. Bryant with her tackle, appa.
rel and furniture, is forfeited and
order and direct the same to be sold
for the benefit of the Hawaiian Gov
eminent.
A decree will be signed on pre-
sentation.
EDWARD PRESTON,
Justice Supreme Court.
The Acknowledgement for the Ii.