The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1898-10-07
frost FOR THE SOUBRETTE
ROSE BERLINER'S CASE THROWN
OUT OF COURT.
Judge Perry Dismsses Her Libel
Against the City of Columbia and
Dissolves the Attachments

In the libel of Rose Berliner for
$1,000 damages for assault and bate
ry alleged to have been committed up
on her by Captain Minor of the City
of Columbia. and for alleged false and
forcible imprisonment on the voyage
and while the ship was at anchor in
Hilo harbor. the court finds the fol-
lowing facts: That early in the even
ing of September 4th while at sea,
Solomon Berliner, father of the libel
liant, was assaulted Ivy one b. II. Cole
grove with a Delaying pin and seri-
ously wounded i'm the head. For few
moments it was thought he was dead;
this was soon found not to he so, but
the ships surgeon gave it as his opin-
ion that the man could not recover.
About an hour afterwards he modifi-
ed his opinion to the effect that Ber-
liner had fighting chance for life.
but it was not until o'clock the next
day that he was pronounced out of
danger. On the advice of the surgeon
that absolute rest and freedom from
disturbance of any kind was necessary
for Berliner'S recovery and for other
reasons the captain determined to ar
rest Mrs. Berliner and place her in
confinement. Approaching the spot
where Mrs. Berliner and daughter
were sitting the captain ordered the
mate to arrest Mrs. Berliner and take
her to a locker on the lower deck to be
kept confined. AS the officer started
with the mother, the daughter began
to cry and begged to be allowed to
go with her. The captain at first re-
fused but upon the mother joining
her entreaties to those of the girl, fin
ally consented. After remaining there
an hour she was taken to her father
on deck, and afterwards to a second
class stateroom where she remained
during the night. Libellant testified
that this room was locked on the out
side, but the court doubts the testi-
mony. y guard was stationed over
the room with instructions to call the
stewardess when she wanted any
thing. She was placed in this room
in consequence of the surgeons direc-
tons that her father must have abso-
lutte quiet. About II o'clock at night
her father having improved in the
meantime, she was allowed to visit
him. Returning to the second class
stateroom she asked for a certain book
and pack of cards. The cards were
furnished but not the book. The girl
then slept from midnight to 10 a. M,
which the court says disposes of the
allegations of cruelty from bad air,
etc
Summarizing his findings as to the
Imprisonment charges, Judge Perry
finds that the girl was not at any time
imprisoned in any of the three places
referred to; certainly not in the
small locker with her mother, be-
cause she went there of her own free
will; not in her fathers stateroom.
because while there she had liberty
TO come and go, and not in the second
class stateroom, because she was put
there only for the night to keep her
away from her father. The court
finds these restrictions were iustifi-
able and proper and not a cause of ac-
ton.
With regard to the restrictions TO
the plaintiffs liberty in Hilo. the
court finds that all the passengers
were subjected to the same, while
necessary reports were being made
out.
The averments of an assault upon
! libellant, and of the use of harsh and
insulting language to her by the cap
tain are shown to be unfounded.
In conclusion the court is of the
opinion that libellant's claim is en-
tirely without merit. The libel is
therefore dismissed and attachment
issued against the vessel is dissolved
/