The Hawaiian gazette., 1901-01-22
FOR
TIE CRIMP
William Mccarthy Must
Pay 500.
JUDGE ESTE[ FINES HIM
Husky Boarding Master Must Learn
American Sesmen Have
Rgtts.

William Mccarthy, the giant crlmp of
the waterfront whose methods of supply
ing sailors to deep-sea vessels have Oft
Ell brought h m 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 a sailormans clothing by force,
and it will cost Mccarthy just 800 for
his little fun. United States District At
totney Baird appeared against Mccarthy
at the trial, the latter being defended
by Attorney Henshall. Judge Estee's de-
c.slon Is as follows:
This proceeding is maintained under
an Act Of Congress passed February IL,
1855. entitled, IAN Act to Amend an Act
to Amend the Laws Relative to Shipping
Commissioners. Approved August 18th.
1880. and for Other Purposes" and which
Act reads in part as follows:
e. Provided, That the clothing of
any seaman shall be exempt from at
tachment and that any peIs son who shall
detain such Gle thing when demanded by
the owner. shall be liable to q penalty
or not exceeding one hundred dollars" .
There is no contradiction of the testi-
mony to the effect that the prosecuting
W tness, Henry Nj. Libby is "A seaman;
that he was boarding with the defend
ant in Honolulu 'and owed him a small
beard 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
ecut!ng witness came to him and de-
nanded the return of his clothing; that
when he did SO, Mccarthy put his arm
around Libby and detained him for from
twenty minutes to half an hour. while
he sent to the Police Department En-
actly what he wanted with the Police
Department is not clear. Mccarthy stat
ed that II wanted to know If there was
wa rant against him SO l could not be
punished"
1t does not appear to the Court what
right Mccarthy had to detain sailors or
what interest he had in consulting with
tie Police Department about Their ar
rest. In any event no warrant was out
fer 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 vainly to get away, Mccarthy
finally permitted this American sailor in
an American port to 60 free.
In view of the conduct of Mccarthy no
further demand on the part of Libby for
his clothing was necessary, nor could
Libby be required to return to McCarthy's
house for his clothes and subject himself
to the peril of further indlgnity from
Mccarthy.
"a party who prevents the other from
performing the contract or hinders him
therein violates it."
Where performance OF contract Is pre-
vented by act of plaintiff, defendant may
plead and prove excuse of n-perform-
ance." (Garvey VS.. Fowler. Sandf. 665:
Christ Vs. Armour, "a Barb. 37S; Bishop
on Contracts, sec. 1917
This is the second proceeding OF this
character brought against this defend
ant. The Court therefore assesses the
extreme penalty of the law against him,
to wit: one hundred dollars. Let judg-
ment be entered up against him for that
amount, and that he Immediately turn
over to the prosecuting witness all cloth
ing and effects in his possession belong
ing to him.