The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1901-10-21

to the conclusion that the witnesses
against hln We're lying, for they ignored
the charge and Captain Wallace hurried
on board the outgoing steamer with a
purse depleted by the cost of his law
iees, and the expense of a round
"Trip rom San Francisco. and with the
Iurtiler loss OF two months wages ana
the command of his ship. which was nee
essar'ly given to another captain
In the case of the Emily Reed II an
peared from the evidence of the fore
castle nandS that as the vessel was Ieav-
ing sydney two of the noble tars were
dead drunk in the forecastie one in his
bunk and the other on the floor. while
two others not drunk. stood one behind
the other In the narrow doorway between
Two torecastIes and watched the scene
Captain Baker, as these four men ALI
swear, entered the forecastle climbed I'm
10 the punk where one of the sailors was
lying, and without comment, smote the
prostrate man several times in the face
with ms fist, and then climbed down
from the bunk and left the forecastle
The witnesses to this remarkable warn
mad evidently neglected to organize them
selves. for the man in the bunk swore
that this took place in the afternoon.
while the dead drunk man on the floor
eAtdl II was night, and that the
captain came in swinging a lantern.
while the two witnesses in tha door
way stood where it was not possibls for
them to have seen anything unless their
oplic nerves We're arranged for looking
around corners. Captain Bakers account
OF the matter was that he went forward,
as was MS custom on leaving port to
search the fcrecastle for concealed lio-
uors; that he found a bottle of whisBey
IN the bunk where the sailor was lying
and picking 1t up, was about to carry IT
away, when the sailor jumped out of his
bunk, and Selling the captain endeayor-
ca TO recover the liquor. Captain Baker
said that he showed the man away but
cid not strike him, and then threw the
bottle of whiskey overheard.
mis- statement was corroborated by
passenger by the name ofaRoyce, who
happened to pass the door of the fore
castle as the captain emerged from it,
pushing the sailor away, and throwing
the bottle of liquor into the sea.
An information against Captain Baker
was filed by the Assistant United States
District Attorney, and the captain wait
ed two weeks begging for trial. The
witness Royce declined to remain any
longer. and left on the steamer for San
Francisco; then the United States Dis
trlct Attorney returned from the main
land and declared that the informations
(Which his assistant had filed, and which
Judge Estee approved by everything q
demurrer to them were all wrong. and
that he would dismiss them and ask for
an indictment from the United States
grand jury at the October term The
first mate of the Emily Reed was accus-
ed by sailor of striking him in the face
with knife-either open or cloSed-so
as to infiict a cut on his cheek The
mate said that a. rope was running out
of hawser hole. that the sailor who
was ordered to haul it in seemed ignor-
ant or stupid, and the mate showed him
TO one side, and proceeded to do the worA
himself The sailor who was pushed
struck his face against the ccrnice of the
cabin and so received a slight wound on
his cheek. But four sailors who were
damning their tarry topl!ghts and reef
ing or unreeting a sail on the main top
gallant yard thirty feet above the deck,
and with their backs to the scene of the
alleged assault swore that they sar II
all even to the knife in the closed fist
of the mate
The same course was taken with the in
formation in this case as in the case OF
the Sea King. with the same result to
all concerned, except that the Emily
Reed was held so that her captain and
| first officer We're enabled TO proceed with
her to San Francisco, from whence it
appears by the statement of the attor-
ney they have been invited to return in
order that their bondsmen may not Suf-
! fer If the grand jury should pursue
with the officers of the Emily Reed the
same course adopted with respect to
Captain Wallace of the Set King, and
! fail to indict them, of course their bonds
men would be released but as they will
probably i'll any event return they will
be able to enroll themselves among the
others who have lost their pay, lost their
time. lost their ships, and lost their
savings that went to pay the lawyers,
And all for what? If the lies of the
drunken Scandinavian sailors were all
| true the offence committed would be
amply punished by a five dollar fine in
each case. The truth * that congress
in its eagerness to protect sailors from
/ II treatment, has gone too far, and only
the common sense of grand and petit
iuries stands between the American ship
! master and ruin.
/ There ought to be a sort of marine
! United States Justice of the Peace, with
/ Jurisdiction to try misdemeanors. and
until congress shall provide such trt-
bunal grand juries should. protect the
| maritime interests of the country by
throwing out as unworthy of credence
the contradictory and incredible evidence
of drunken sailors. Such a course has
been pursued at all the principal ship
Iping points on the mainland. and unless
such course shall be pursued here,
Honolulu Will be avoided by ship cap
| tains. /.