The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1900-08-24
JACK TARS
IN COURT
Tell Their Troubles To
Estee.
| BAD GRUB ON "EMP|RE. !"
Men of the Newcastle Collier Have
Many Woes to Unfold--The
Courts Verdict.

The reek of the forecastle pervaded
Judge Estee's court room yesterday aft
ernoon. Lining all the benches, crowding
so thick that there was scarcely breath
| ing space, sat row on row of able sea-
men and 'abaft-mast" men come to listen
to the libel case against the bark EN-
pire.
| The case was one of unusual interest
and lasted throughout the afternoon. At
adjournment yesterday its status was
somewhat peculiar. for Judge Estee had
announced his judgment on both the le-
gal question involved and the facts in
the case while the libellants only had fin
ished putting in their testimony, and
witness for the defense was still upon the
stand.
Attorney George DaviI appeared for
the sailors who had libelled the vessel.
He had witnesses by the score to tell of
the conditions on the bark during the
trip from Newcastle, and, judging from
their stories, ii was no Hawaiian Hotel
fare that was provided them in the fore
castle.
1.-THE barreled pig was bad" said one
| of the sailors "and the water was al
most undrinkable. It was rain water
and we could hardly down it after we
had been a few days out"
| Did you make any complaint to the
lcaptain?' asked Attorney McClanahan,
who was representing the defense.
Yes, sir, after we got into port the
man replied.
why did you not tell the captain about
the bad food while you were at seat?
II never did that on any ship that
was sailing In" the sailor replied, visions
of the brig and irons before his eyes. In
all likelihood, for he avoided the eye of
the gruff little grey-bearded captain who
sat across the room.
i Several witnesses told of the same con-
ditions. Some said that the proyender
was bad throughout the seventy-day voy-
lage, while others averred that 1t was only
bad during the last fortnight at sea. But
none had made any complaint to the
captain, except Christopher Collins, the
spokesman of the lot, who had met with
no satisfaction when he had made COM
plant.
You ask for SITS wages and s65 for
: the bad food, at the rate of 81 per day
for the voyage, do you not, in your COM
plaint?" asked Davis of Collins.
\ That's what we think would be right
D to pay u.s. Collins said.
U Attorney Davis kept calling witnesses
r and more witnesses to tell of the same
conditions, but finally Judge Estee lost
patience.
Seems to me you've proved the fact
that the food was bad" he said. Any
way the Court is satisfied OF 1t. But the
. Court is not going to charge the shiI
!; with the payment of this SOS per man for
the bad food. for the Court IS satisfied
that there was no complaint to the cap
tain, and the Court can't see how he was
to know that the sailors were not getting
lgood food if they did not complain to him
/, He did not eat In the forecastle and ht
: had no knowledge, as far as the Cour
can see, that there was anything wrong
with the food until after the vessel reach
ed Honolulu"
This point having been settled. Attor
ney Davis proceeded TO attack the ship:
lie articles by which the captain was at
tempting to show that his men had de
d serted the ship in Honolulu and so were
entitled to no pay.
,r One Of the sailors told Of going back t
the ship after he had been out on shor
TO see about his pay, and receiving TIN
information that he could get no NOR
meals there.
4 who gave you that information ask
ed McClanahan.
Cook he said them was cap'n orders,
the sailor replied; 80 I had to leave TIL
ship to get something to eat. i didn'
desert her"
y The ships articles were produced an
u there was much argument on the ques
ton of their validity. 1t appeared tina
they were first drawn up in San Fran
N cisco and were for n voyage to Adelaide
- South Australia. Thence the vessel wen
to Newcastle and from that port brough
coal TO Honolulu. No new articles ha
been drawn up at adelaide or at New
castle but Captain Knacke had signe
on large number of new men at tn
a. latter port, In which number the libel
Is lants were included. Upon the questio
on of their validity as a contract betwee
n, the men and the captain depended wheth
n ef the men were entitled to their pay an
as their discharge in this port. as they d.
ne manded.
al The sailors were called severany to tie,
e. tify as to their signatures to the articles
ed Then Captain Knacke went on the stan,
nd Now, Mr.. Knacke-'' began Davis.
Captain Knacke." snapped the SCI
as dog.
It. We'll. Mister Knacke," Davis retorte
he II guess if 1 mister you It's GOO
wv enough. isn't it? This title business
1s: don't hold to at all. anyway"
en- Gentlemen, proceed with the case
NJ interposed Judge Estee. don't waste Il
nd courts time with such talk as that"
lc- Captain Knacke admitted having sign,
or OF the new crew on the old articles ar
ool Mr.. Bailou on his behalf attempted
val was permitted to keep his crew durir
Ia 1.-THE entire round trip from San Francis,
ew TO Australia and back.
Now the Court doesn't think these a
ng ticles are good" interposed Judge Est
me in the midst of Captain Knacke's test
hit mony. THE Court decides that the
Dr. sailors are entitled to their dischar
here IL they wish 1t, for these articles a
ne certainly not valid. The men should
ed paid for the entire time of the voya
on from Newcastle to this port and sin
at then until the filing of the amended a
swer in this case. They can't claim p;
Is for any further time than that"
nd But If the Court please" suggest
as Mr.. McClanahan, these men have d
IN serted the ship. They are bound to ST
on board of her until she has discharg
her cargo. and she is still discharging
'Well. II they cannot get anything
eat on board. the Court doesn't see W.
IRE they should remain with the ship" Jud
es- Estee said
BY Captain Knacke started to show, ther
ess upon, how much was due to each ma
Ill He had gone only so far as the name
nd Carl Jensen. who claimed s27.7S and WI