The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1901-01-22
FOR
The CR1MP
William Mccarthy Must
Pay 500.
JUDGE ESTEE FINES HIM
Husky Boarding Master Must Learn
American Seamen Have
Rights.

William Mccarthy, the giant crimp of
the waterfront whose methods of supply
ing sailors to deep-sea vessels have oft
en brought him before Territorial Judges
and lately face to face with Judge Estee
|of the United States Circuit Court, was
yesterday found guilty by the latter of
holding sailorman's clothing by force,
and it will cost MCCARTHY just 500 for
his little fun. United States District At
torney Baird appeared against Mccarthy
lat the trial, the latter being defended
by Attorney Henshall Judge Estee's de-
lcision is as follows:
This proceeding is maintained under
an Act of Congress passed February 49,
1895, entitled, AN Act to Amend an Act
to Amend the Laws Relative to Shipping
Commissioners, Approved August 18TH
1890, and for Other Purposes and which
Act reads in part as follows:
.. Provided, That the clothing OF
ANY seaman shall be exempt from at
ltachment and that any person who shall
detain such clothing when demanded by
the owner, shall be liable to penalty
of not exceeding one hundred dollars
Il
mony to the effect that the prosecuting
witness. Henry NJ. Libby is seaman;
that he was boarding with the defend
ant in Honolulu and owed him a small
board bill; that the defendant had cloth
ing of the prosecuting witness in his
possession; that the owner demanded
their return to him, under the following
circumstances:
The defendant testified that the pros
IT,, III, a,
manded the return of his clothing; that
when he did so, Mccarthy put his arm,
Iaround Libby and detained him for from
twenty minutes to half an hour while
he sent to the Police Department. Ex-
'actly what he wanted with the Police
Department is not clear. Mccarthy stat
ed that II wanted to know if there was
la warrant against him so I could not be
punished
right Mccarthy had to detain sailors OF
what interest he had in consulting with
the Police Department about their ar
rest. In any event no warrant was out
for the arrest of the prosecuting wit
ness, and after Mccarthy had forcibly
detained him prisoner in front of his
house on one of the public streets OF
Honolulu for about half an hour, Libby
struggling vainIy to get away, Mccarthy
an American port to go free.
| In view of the conduct of Mccarthy ne
further demand on the part of Libby fol
his clothing was necessary, ner--coult
Libby be required to return to Mccarthy!
house for his clothes and subject himsel
to the peril of further indignity from
mccarthy.
| "a party who prevents the other from
performing the contract or hinders hin
therein violates it,
/ Where performance of contract is pre-
vented by act of plaintiff. defendant ma.
lplead and prove excuse of non-perform
lance" (Garvey VS.. Fowler. Sandf 665
Christ VS.. Armour "a Barb. '37S; Bisho,
ION Contracts, sec. 1431.)
| This is the second proceeding of thi
character brought against this defend
ant The Court therefore assesses tn
Iextreme penalty of the law against him
to wit: one hundred dollars. Let judg
ment be entered up against him for tina
amount and that he Immediately tur
over to the prosecuting witness all cloth
ling and effects in his possession belong
ling to him.