The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1895-03-16

cisions of the Circuit Court of APP
peaIs, but he declined to tell the story
of the Wahlberg's trip.
"When this case is ended I'll tell
the story, but there's $500 pending
nOW,D he said.
IThe Collector had no more author
ity to seize that schooner than he had
to seize YOU" Mr.. Cole explained,
Hand q half an hour ago / sent a tele-
gram to Collector Fisher telling him
that if the schooner is not promptly
released we will sue him for the re-
lease and personally for damages.
The statute under which the schooner
is held deals with vessels that clear
for "a foreign port This schooner
cleared on a hunting expedition and
not for "a foreign port and 30 Is not
liable under the statute. Besides, the
schooner filed a manifest that was
correct at the time she cleared. L
talked with Assistant District Attor-
ney Knight today and he said that he
didn't see any warrant for holding the
vessel. If there is suit it will be
tried here.
eve deny that Captain Martin car
ried a cargo of arms to the Hawaiian
revolutionists; but even if he did he
had a perfect right to do so. The
Itata case decided that point. There
is no law or decision denying to pri-
vate American citizen the right to
sell munitions OF war to belligerent
in another country. That was the
charged. Granting, for argument,
that what they say about the Wahl-
berg's trip is true, the case would be
parallel to that of the schooner Robert
aud Minnie, which took arms from
this port and transferreh them to the
Itata. That schooner was seized, but
she was released and the libel dis
missed by Judge Ross"
So the defense will contend that the
"foreign port" and if she did carry q
cargo Of arms to Ianguid tropic seas it
was nObody's business.
But there was no long story OF that
mysterious voyage forthcoming from
lawyer or client.
"WelI, did the schooner really carry
q cargo of arms ?" was asked of the
feeling much better skipper.
ASK my attorney" he replied with
a smile.
1--WE deny that she carried arms"
said Mr.. Cole, "but we don't want to
tell the story now. They make
charges; let them prove them. The
schooner wasn't within thirty miles
of the Hawaiian coast"
Further than that" put in the
captain.
ibid the schooner go in the inter
ests of the insurgents" was aked.
well, as to that decline to say"
replied Mr.. Cole, who evidently
his client jewel in not talk
ing too much.
Where is the crew now ?" was
asked of the captain. =
ooh, they were paid off and they
scattered, and he doesn't know where
they are now" replied Attorney Cole.
"But why did the schooner return
to San Diego from a seal-hunting ex-
pedition 2"
swell, Captain Martin thought he
could do some trading down the Next
can coast and get something for his
schooner to do while it was such hard
times up here. Then he was going
after a load Of guano, believe; were
you not, captain 2"
eyes. I wanted to get a load Of
guano on the Mexican coast" the
captain testified.
Down at San Diego they have been
looking out for the schooner Alcalde,
on which vague rumor has fastened
the suspicion Of having met the II. 9.
WahIberg off San Clemente Island
and taken come refuge+s or something
to the Mexican coast. Captain Martin
laughed, and said that he never heard
Of the schooner before and had met no
schooner at all there or anywhere
alse.