The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1897-06-26

IN THE SUPREME COURT OF THE HAWAIIAN
MARCH TERM, 1897.
wILDERs STEAMSHIP COMPANY, Limited o. THE
BRIGANTINE "LURLINE."
APPEAL CIRCUIT JUDGE FIRST CIRCUIT
SUBMITTED MARCH 15 1897 DECIDED JUNE H. 1897.
FRrAR AND WHITING, j., AND c. Brown. ESQ, BAR,
IN JUDI CD. DISQUALIFIED.
decision of the trial judge in admiralty
important
has been
aved should
largely within the discretion of
judge.
of
judge, the claim being for third
OPINION OF THE COURT BY WHITING j.
Circuit Judge Perry heard this case
the ibeant is entitled salvage certain amount and the
ibelant appeals to this Court.
The decision appealed from is follows:
This libel for salvage brought by the Wilder Steamship
Company Limited Hawaiian corporation for itself and others
interested salvor against the brgantne Iurline her
tackle, apparel, furniture and ballast.
From the evidence adduced the trial. find the facts to
be follows
About 13O o'clock on the morning December last
the Lurne, being then anchor in the harbor of Kahuu
Maui parted and driven towards
the shore by the wind and waves O'Clock of
the morning the reef At the time, the wind
from the north towards the shore the rough and
breaking and rain falling. The swell, after landing the vessel
shallow water continued moving her nward the reef
until about 6ocock of the morning, when Robert
English pilot of that harbo went aboard she about forty
fifty feet beyond the line of deep From that time
until the arrival of the Lkeke the Lurne carried
feet still further in Shortly after the vessel struck
Captain Brown of the Lne sent boat ashore notify the
pilot he wanted board but owing the darkness
delayed
daylight when, with of six from shore he rowed
the Lurne. She then had stern lines fastened
what is known that harbor moorng number
Efforts had already been made by the captain and were there
after continued pull the ship off with the aid of the donkey
engine aboard by hauling the lines first and later
the bow lines which the pilot had before coming aboard made
fast from the Lurlne's bow what known the bow
mooring; but without for found by those
board that there danger if much strain put the
lines either of the donkeengne breaking from its asen
ing of the hawers parting Moreover after heag tor some
time the lines, the to which said lines
fast yielded the strain and dragged for distance
towards the Lurne, rendering further heavng these lines
of little avail This attempt was therefore, given up, and the
bow lines merely kept nearly possible prevent the
ship from going further the reef.
At about o'clock that morning d. Center who represents
the of the Lurne board While
there before the arrival of the Leke he suggested
Captain Brown that the eampows of the Hawaiian CONNER
cial and Sugar Company might be used shore
with which pull the Lune from her position the reef
into deep but Captain Brown apparently did not think
the plan good and dismissed from his mind without
much consideration
efforts, Captain made of all the tackle
belonging the ship and also of such him from
shore doing all that could be done prevent
the vessels further towards the beach until shortly after
Centes arrival board when beants steamship Lkeike
harbor Honolulu of her regular
trips By this time the had abated and the swell had
gone down; little wind occasionally in pus the
smooth; but the weather was still threatening
Captain Andrews of the Lkeke aboard the Lur
line and offered which Captain Brown accepted After
inqung what hawsers the Lurne had board Andrews