The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1901-05-23


the very serious gale that was then blow
ing in the port of Mahukona, and the
threatening danger to the Consueio II
she remained there. AT any rate the
Jrpolu left Alaalae about O'Clock a. m.
and reached Mahukona about o'clock
or a little after. When she reached
there she blew her whistle two separate
times but received no response from the
Consuelo and no one appeared upon the
deck of that vessel; no one was aboard
of her: and as the Upolu was in danger
of being entangied in the hawsers that
connected the Consuelo with the buoys,
the JJpolu was about to turn around and
go back when her captain saw boat
leave the shore with some men in her.
The testimony of the captain of the Con-
suelo at this point is of interest. He
saws: IT thought it was strange to see
the Upolu coming along at that time
and asked one of the native crew where
the Upolu was going. He said, i think
she is going to tow you OUT and so
said the captain of the Consuelo. I'VE
all went ashore again SO that we could
pick up my crew and get them back
aboard, which 1 did When 1 went ashore
| asked Mr.. Frazer if he had made any
agreement with the Upolu to tow me
out This was before the Upolu got
there. although in sight. He said no, and
! / asked him if / would make any agree
ment He said No; leave that to US "
! The captain further testifies: Il went
| back put my crew aboard of the Con-
suelo, and I then spoke the captain Oh
/ the Upolu, and l asked him if he could
] tow us out, and he said he could If
set my fore and aft sails. my lower top
! sails and staysails when We got started.
That was all the conversation l did not
make any arrangement with him to DO
1 this because / supposed the owners, Mr.
Frazer and Mr.. Renton, took the matter
out of my hands and ordered the boat
unbeknown to me-
This seems hardly credible that the
captain of the Consuelo was unaware OF
the ordering of the Upolu to Mahukona
in view of the fact that Captain Page
was ashore when Mr.. Frazer was tele-
phoning to Mr.. Hind early in the morn
ing and that a storm was then prevail
ing
1t seems that the captain of the Con-
suelo and his crew assisted in getting
| line on board of the Upolu and she tow
/ ed the Consuelo out to sea, the actual
time consumed in this towage being
some three-quarters of an hour, al
though some of the witnesses for nbeliee
| testified that it took but fifteen minutes.
There is some conflict in the testimony
]
the Consuelo at the time the services
were rendered by the Upolu; and wheth-
er, if So the danger was such as to en-
title the Upolu to salvage compensation.
II is clear to the Court from the teSti-
mony as a whole, that there can not be
any doubt as to the dangerous position
in which the Consuelo was lying and
| that her captain. and the owners of the
Vessel thought she was in danger, and
that all parties, including the sailors
were conscious of it. Else why did the
captain and crew leave the ship? Inc
sailors did not go back to the ship until
after the Upolu was sighted, as appears
from the evidence of both the captain
and the cook of the Consuelo. If the
Consuelo were not in danger, why die
Mr.. Frazer, the owner or co-owner OF
the vessel, early on the morning OF the
18th of November, telephone to the own
er of the Upolu to have her sent arounC
to the port of Mahukona, and why were
Mr.. Frazer and his men up at o'cloch
in the morning, the latter going out te
the Consuelo Ito see if she wanted any
thing" and then returning to the shore
with all her officers and meE aboard
leaving the ship entirely alone?
If it had been possible for the captain
of the Consuelo to have set sail anc
gone out of the port safely, without the
assistance of the Upolu, as he now tes
titles why did he not do this and moi
abandon his ship in the first place, anc
then returning ask the captain OF the
iUpolu. Can you tow us out?" And why
after being, towed out. did he remain
away from the port of Mahukona unit
the weather moderated and was agar
fair? If the place was safe and the
weather such as to permit him to remain
there why did he not do so?
The real facts are there was a severe
south wind blowing and the Consuelt
was in danger of slipping her mornings
going upon the shore or being swampee
lin the sea This must have been the
fear that took possession of the captain
and the crew when they deserted tnt
ship 1t is the common instinct OF the
captain of ship to remain on her deck
land no rational explanation has been Civ
EN- of this desertion of the vessel.
1t is clear to the Court that the ser
vices of the Upolu were necessary in or
der to take the Consuelo out to sea, al
appears especially from the testimony O
iCaptain Campbell, a witness for the libel
lee and man of large experience II
these waters who, when asked whethe
a vessel could sail out from this par
Iticular spot moored as was the Consuel
and the wind blowing as it was blowing
on that morning, testified: she Nigh
possibly if there was not very heav.
sea on she would have what they cal
nip and tuck to get out.
1t is clear to the Court that the cas-
is one where salvage compensation
should be awarded. This seems to b
admitted by libellee, who rendered to Ii
bellant $40 when the regular towage rat
as testified to is $40. In this case tn
services of the Upolu were not only re
quested by the owner but were of valu
in saving the Consuelo, which vessel wa
: valued at about $4,000 and her cargo a
about the same amount.
The fact that the Consuelo suffered n
damage is not material. If she were Il
danger of loss or deterioration or dam
age at the time the services were rem
! dered then it is a case for salvage. Ye
the services of the Upolu were not o
: such a character as to entitle her to larg
compensation, although her position
among the lines of the Consuelo place
her in danger of having her propelle
) caught and being cast ashore. In Sc
: of the character described and a storr