The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1899-03-17

OPINION OF THE COURT JUDD.
This libel in admiralty, by libelant the Steamship
CITY Columbia We have carefully examined The findings
of fact and rulings of law made by Judge of the
First Circuit Court from which appeals by both parties are
taken and adopt the except herein modified The
decision of the Circuit Judge is as follows:
'The belIan herein ussel Coegrove) claims the of
dollars for alleged malicious and unjus
fable imprisonment of himself by the master
board of the American steamship City of Columbia now IN
the port Honolulu the 4t 5t and 9th days of Septem
while said vessel the high voyage from
Seattle Washington Honolulu, via Io Hawaii and also
while in the abor of Io By of aggravation 1t Is FUR
averred that the used force upon libel
connection with said arrest and imprisonment and that
the place of confinement unfit and improper for such
purpose.
Respondent admits the and mprison
me but says the reasonable, proper and necessary
under the circumstances then existing and up said
swe and denies that force was used III effect
ing the Imprisonment that the place of confinement
unfit improper for such purpose
Upon the evidence adduced the be follows:
The steamship City of Columbia, under command of Captain
Minor herein sailed from Seattle Washington
on August 26th last Honolulu via Iilo, having board
large of first and second class Among
first class passengers the lbeant, his brother, b. H.
Colegrove and Solomon Berner with his wife and their
daughter Rose About $50 o'clock the evening
an deck between Solomon Berner and b.
TT Coegrove After some words the cnched and in the
of the struggle that ensued B. H. Coegrove dealt Der
liner blow the head with iron Delaying lnilcting
very wound One two OF the other passengers IN
erfered this and separated the combatants hbean
who present. also hurried to the and assisted
in pulling away Berner urging him at the
same time For Gods sake keep quiet and cease lighting or
words to In the interests of belnt then
conducted the bar the lower deck while
others with the ships surgeon remained above to render such
assistance as was possible Berliner n few minutes
later Captain entered the bar where the brothers We're
handcued B. H. Colerove conducted HIM att along the star
board aeyway the ship the saloon thence the deck above
along the the port side and down the orecase com
the the chain locker and then caused
him TO be confined in Returning the bar
either very short time later, the captain hahd
ued ibeant who without offering resistance
simply inourne the of his arrest and taking h
followed in the Ct his BROTHER had oe
liant also placed the chain locker, handcufed
a chain locker is compartment the forward part of
tho vessel under the deck used for storing the anchor
chains when out and measures feet inches
IN length feet inches in width and feet In height from
floor to ceiling At the time of the events here referred TO-
there was considerable chain in the locker that the empty
pace between the top of the chain and the ceiling was Only
h+ or feet except where of about
foot nv feet was clear floor ceiling The walls OF
this compartment built of closely joined twoinch boards
- b on1v onennes into it these: hatchway above
20 inches v "a inches aperture the port side, about
foot nv feet: small opening leading to the OIL room below
nd two small holes each sde through which the cha
ass out to the anchors and large enough only lor sue
nsde of the second opening here referred TO- sooo hu
Of bales of hay such position as to render the opening
lint little value purposes of ventilation linus very HUI
@ air could find its way into the chain locker the veni'