The San Francisco call., 1895-11-17
SAILORS OF THE GAYHEAD To SUE HAWAII,

was why we were let go on that charge.
Of course, we went back to the ship. To
do otherwise would have been desertion
for me, because mad signed articles. As
soon as we got aboard the captain said,
| Now, turn to, men, and go to work We
! told him we wanted to see the Consul;
that we had been wrongfully imprisoned
on charge and for all we knew it was still
hanging over our heads and we wanted q
full investigation. Then he went ashore
and told the police to arrest US for disc bey-
ing orders"
"Tell me about this second arrest at
Honolulu" said Mr.. Monteith. "Give me
he particulars"
well, the captain first went ashore"
EkerenGutter responded, land l guess he
must have made some sort of COM
plant. Then he had the ship brought up
to the dock from where we had been an.
chored, and we were pointed out to the po-
put In jail, and we did not get out until we
were taken out, handcuffed together, ten
days later and put aboard the Ship
III show you how we were handcuffed
to each other" said Bresling, and the
three men lined up, with Bresling in the
middle. Now" he explained, Suppose
my right hand is handcuffed to this fell
lows left and my left hand to the other
fellows right. Well, that's how we were,
and in that shape we were taken out to sea
to the ship, about seven miles out, in
rowboat, with the wind blowing q twelve
knot gale and fourteen other men in the
boat, nearly all drunk. Why, if that boat
had capsized what would have become of
us? We would have all gone to the bot
tom of the sea.
And then when they got US aboard the
captain did not have any key to unlock
our handouts and we had to wait there on
the main hatch for three hours until they
could be taken off,
None of the three men could name any
OF the Hawaiian officers who arrested
them. The only guardian of the peace at
Honolulu that Ekerenkutter knew was
Marshal &. G. Hitchcock, and Hitchcock,
he stated had practically advised him and
the other men to leave the ship that is,
Hitchcock informed him the men would
not be molested in any way should they
make any attempt to leave.
After the interview with the three pris-
oners Mr.. Monteith mapped out course
OF action. 1t is complicated programme,
but can be simplified by being divided
into the following different proceedings.
First-Defend the three men when their
preliminary examination comes up before
United States Commissioner Heacock on
Captain Shorey's charge.
Second-Begin both criminal proceed
ings against Captain Shorey for cruel
treatment and "shanghaing,' and civil
proceedings against the. American bark
Gayhead in the Admiralty Court for dam
ages and for whatever is due the men for
their services.
Third-Begin proceedings through the
Department of State against the Hawaiian
Government for indemnity because of the
wrongful imprisonment of three American
citizens on the island of Oahu.
Mr.. Monteith did not at first want to ad-
NIT what his intentions were for fear
that some attempt might be made to as
sign the ships cargo, which would make
the Hbeling of the ship and cargo more
difficult, and he was also afraid that Cap
tain Shorey might try to keep out of reach.
Owing to the lateness of the hour and the
day being Saturday, no complaint against
Shorey on the criminal proceedings could
be conveniently entered, and therefore no
warrant may be issued until Monday or
Tuesday. After thinking the matter over
for few minutes. however, Mr.. Monteith
outlined his plans, as stated, remarking
incidentally, "Why, it's an outrage, an
outrage"
The prospects are that if Captain Shorey
pushes his charge Mr.. Monteith will keep
the United States District Court Clerks
office busy for awhile. His programme
involves general charge against Captain
Shorey for cruel treatment; specific
charges against him for cruel treatment
for the two imprisonments of the three
men at Honolulu; a specific charge of
cruel treatment for combining Gehrmann |
in the sail-locker twelve day while off the |
Isle of Guam, in the Ladrones, last sum-
mer; and libels against the captain, the |
bark Gayhead, her owners, agents, officers,
cargo and tackle for damages and COM
pensation.
He will prepare papers in three separate |
claims against Sanford Dole's Govern
ment, and will communicate with the De-
partment of State without delay. The
men propose to make their claims reason
able, and will decide upon what figure
should be demanded Of Hawaii at the |
next interview with Mr.. Monteith.
'It will be lesson to the Hawaiian
Government" said Mr.. Monteith, land
may serve to teach it that American sea-
men cannot be imprisoned by its officers !
on account of somebody's mere caprice. |
There is probably great deal of that sort
of thing going. on in the world, and sea-
men being, as general rule, quite unin-
formed as to their status and rights, do not |
pay any attention to such affairs after /
once getting out of trouble.
"In this case, however, the captain of |
the Gayhea went just step too far. If |
he had let the men alone after returning |
to this port probably nothing would ever |
have been heard or thought Of their i'm
prisonment at honolulu. AS it is, he has |
managed to put himself into position |
where he must give an explanation, and |
whatever he does he is bound to involve |
himself, his ship and the Hawaiian au-
thorities.
"The fact that Consul Ellis Mills at |
Honolulu would take no stock in the cap
tain's charges, and the events subsequent,
satisfies my mind that the second charge |
against the men, made by the captain at |
Honolulu, was trumped up on slight |
technicality, and their confinement in Jail |
by the Hawaiian police for ten days with
out proper investigation was breach of |
the relations existing between the Ameri-
can and Hawaiian Governments.
1--WE do not accuse the Hawaiian Govern |
ment OF having any particular animus
against the United States in the imprison-
ment OF these men, but, all the same, that
imprisonment was contrary to their lights
as American citizens, and was virtually an
insult to this country in that the status of
the men as Americans was com pletely ig-
nored, if not actually disregarded alto
gether."
Arrested q Counterfeiter.
ERIN Abbott was arrested Yesterday at his