The Hawaiian gazette., 1896-01-28
Cranstoun and Mueller Get Very
Little Satisfaction.
DEPORTATION STORY REPEATED.
Ashford Appears as Witness, but No
Use Found for Him-Steamship
Company Not. Held Responsible.
Defendants Entitled to Costs.


Capt. Bird of the SIS. Warrimoo al
James Huddart, manager of the Cam
characterization Line, came up befor
Hon. Mr.. Justice Drake and a jur
this morning, says the Vancouve
News Advertiser of Jan. II. Grams
toun, Muller and Johnstone lande
here by the WarrimOO, Capt. Bird, o
Feb. 10, 1895. Cranstoun being al
American citizen entered a protes
in Washington, through q. S. Consu
Peterson. The plaintiff claims $50, OO
damages for forcible deportation.
The defendants plead duress on tn,
part of the Government of Hawaii
for whom they acted. The defendant,
claim to have acted as common car
riers, but will take Cranstoun back tc
Honolulu free, and provide all neces
saries for the voyage.
John Cranstoun, the plaintiff, was
the first witness called. He told OF
his arrest and forced voyage on the
Warrimoo. He protested to the Cap
tain, who said he had no papers from
the Government at Hawaii. Some
time after he-the captain-said that
he had bond of indemnity. He sent
a letter to the captain, stating that he
would hold him responsible for wrong
full deportation.
On being cross examined the plain
tiff said, that he had been in Homo
lulu eight months. but was not a rev.
olutionist. He was 8 member of the
Scheutzen Club, but it was not Roy
alist club.
The next witness called was Clar-
ence W. Ashford. He was called ny
the plaintiff to testify TO certain con-
ditiOns of the law of Hawaii as estab-
lished by treaties, constitution and
statutes, at the time of the deporta-
ton. His Lordship ruled that upon
the pleadings, the court here had no
concern with these questions, SO Mr..
Ashford was excused.
Mr.. Wilson, for plaintiff, then read
the evidence given by Capt. Bird, upon
his explanation for discovery of the
defence some months since, in which
he admitted the material facts alleged
by plaintiff as to the facts of the de.
portation and that the officers OF the
Hawaiian Government bad been in
treaty with him-Capt Bird during
much of the day that event happened,
in the effort to secure his consent to
carry the men from Honolulu TO Van
couver. CAPT. Bird refused TO DO so
until that Government rendered him
La Al,
demnity, and assuming all liability
for damages which might accrue to
the man about to be deported.
The trial was resumed the next day.
Charles Wilson, @. c., counsel tor the
plaintiff, put in the interrogatories of
James Huddart, which closed the evil
dence.
Mr.. E. P. Davis, Q. c., then moved
for hon-suit for both defendants.
Mr.. Davis proceeded to argue for the
non suit stating that Mr.. Huddart (if
present, which he was not, might
lawfully deport the plaintiff, but
Capt Bird if he made a mistake in
deporting him, made that mistake in
law not fact, as he, Capt. Bird, was
aware of all the facts. The COM
mander-in-chief was sole head at
Honolulu, under the martial law
which existed at the time the plain
tiff was deported, and he issued an
order to remove the plaintiff from
Honolulu to Vancouver. Capt. Bird
was in this way acting as the agent
Of the Hawaiian Republic and it was
an act of state and an act of soyer-
eighty, so no action could be brought |
against him for this. A case of de- |
portation from Chile was cited in |
which the fare to Liverpool was four
times that usually charged but in this |
case the fare was what was usually |
charged. 1t was admitted, however. |
that the plaintiff did not pay his own |
fare but who paid it effected the case
very slightly. AS regards the voyage |
Cranstoun admitted that he was used |
the same as other second class pas
sengers and probably didn't think ,
about entering protest until after
some five days. Numerous precedents |
were cited and the address lasted |
about two hours.
Mr.. Chas. Wilson, @. c., however.
contended that fhe master was liable
for acts of his servant whether the
servant acted in his masters interest
or no. He did for his EMPLOYERS
benefit carry the plaintiff to the port
of Vancouver. In the afternoon Mr..
Wilson continued his argument.
He stated that the Hawaiian Gov.
eminent acts could not be re-
viewed in' this court. Capt.
Bird was admitted to be agent of the
Hawaiian Government aud a con-
tracing relation existing between the
captain of the Warrimoo and the Re
public, and whether the relation ex-
listed with master or servant makes
no difference at all. Mr.. Wilson con-
tended that they would have been
justified in setting themselves free if
it were possible. They did not 90 on
board voluntarily, though without
protest, as protesting would probably,
TO their minds, have been useless
Mr.. Davis cDntehied that an act OF
state in Hawaii could not apply to
other dominions.
Hon. Mr.. Justice Drake granted
non. suit.
On the following Monday, January
18th, the case of Mueller against the
steamship company was brought I'D.
Before the Mueller case was pro-
ceeded with, Mr.. Wilson spoke con-