The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1895-03-16
schooner Held for Departing 10 For
eiEn Port without Delivering Mani
fest OF CarEO-ImPOrtant Precedent
Likely 20 be Established by Trial.

since receiving highly encouraging
advice from Attorney E. p. Cole he
doesn't care much who knows 1t. His
whereabouts has not been before an
nounced in the papers since the prompt
seizure of the schooner II. g. WahT-
berg at San Diego February Is.
This skipper, who looks like mild
hammered but strong and courageous
young mariner, is the captain and os-
tensibIe owner Of the schooner which
is supposed to have taken from this
port to the Hawaiian Islands the rifles
and munitions of war which armed
the revoIutionists of the island repub-
lie. His schooner remains uuder
seizure by the Government with
customs inspector aud deputy marshal
aboard of her as she rides at anchor in
San Diego Bay. Since he is no longer
afraid Of arrest, Martin is mainly in
terested in getting his schooner back
without paying any heavy fines.
Pending the recovery Of the vessel he
maintains q discreet silence concern
ing the details of the mysterious and
undoubtedly highly interesting voy-
age of the ii. e. WahlDerg.
The legal situation of the schooner
was yesterday placed by. Attorney
Cole in a light quite different from
that given by the press dispatches of
the last few days, which represented
the schooner as having been seized for
"violation of the neutrality laws" and
being in danger Of confiscation.
In fact the schooner has not been
seized for violating any neutrality
laws and is not in danger OF contsca-
ton. If Captain Martin would give
Collector Fisher at San Diego $500 he
could have hiss schooner and all would
he over. He was badly scared at first,
but finds that all he has to fight for is
this $500.
cred Martini" as he is known on
the water front, is not an expert in
international and admiralty laws, and
when the Unitt d States Government,
represented by Collector Fisher,
swoOped down on his mysterious craft
when it suddenly and quietly dropped
into the southern port he scratched
his head and with his crew took to the
brush, metaphorically speaking. A
week ago he slipped back TO San
Francisco, and the other day he went
to see Mr.. Cole. Cole smoked several
cigars while studying digests and re-
ports, and then told Martin that he
was all right. Then Cole demanded
by telegraph of Collector Fisher why
the schooner H. c., Wahlberg was
held. Fisher replied by wire and
mail and wrote to Captain Martin the
following notice, which explains the
situation:
rYou are hereby notified that this
office is in possession of evidence to
the effect that you have violated Sec
ton 4I97 of the Revised Statutes OF
the United States, viz: by departing
on a voyage to a foreign port without
delivering a manifest OF all the cargo
on board your schooner previous to
her departure from the port OF san
Francisco, Cal, on November 3, 1894,
and for which you are liable to pen
atty of $500. If the amount OF this
fine is not paid within ten days from
date hereof the matter will be report
ed 10 the United States attorney for
prosecution. Respectfully yours
JOHN G. FISHER
Consul Wilder and the Hawaiian
Government are supposed to be after
the enterprisiDg schooner, and Will
likely furnish evidence and stimulus
for q prosecution. The case may be-
come a celebrated one, and may fur
nish another important precedent even
IL the matter legally involved Is only
a $500 fine.
The little schooner, which is fifty
feet long ami can carry twenty seven
tous, used to be sealer belonging to
J. w. Crew. The crew libeled her for
wages, and she was sold, by order OF
court, on November Goth. Matthew
Martin, for years q mate on coasting
steamers, bought the vessel for $3.50.
He may have frugally saved up that
much MONEY, but some people have
thought that, in the light of subse-
quent events, the manner and circum-
stances of the purchase seem suspi-
cious.
Three DAYS after purchase the
schooner cleared on an "otter and seal
hunting expedition," which made
papers for any foreign port unneces-
sary. A manifest showing supplies
and the eight rifles allowed was filed.
1t is told that after she slipped over to
SausalIto the tug Ida w took the rifles
and cartridges over to her and towed
her to sea at IL o'clock at night. Moth
ing was heard of the schooner from
November % to February II, when
sealskin- and noloud excuses for being
there. That the arms received by the
Hawaiian revolutionlsts were received
from q Sc ooner twenty-five miles OF
so off WaimanalO by Captain Davies
of the steamer Waimanalo and landed
at night at Waikiki was fully estab-
lished III Honolulu by the Confession OF
Capt. Davis and other evidence. Capt
DIVES thought the schOoaer's name
was the II w. Wiehert The cargo
landed consisted Of $50 rifles and bells
and 20, 600 cartridges. Only a string Of
cirrumstautial evidence has caused the
euspiciOn and belief that the SCHOONER
wa the H. G.. Wahlberg.
Captain Martin was closeted with
Attorney Cole yesterday He is al
Intelligent, goOd-loOking seaman
who Is not particularly garrulous
He referred questions 70 my r-pre
sentative" aud the lawyer very natu
rally wanted tn do the talking. MIR
Cole would talk for al hour about de