The Honolulu republican. [volume] (Honolulu, T.H.) 1900-1902, 1901-05-24
SALVAGE TO UpOLB
Wis FAIRLY EARNED
THE coSsuELo WAS IN DANGER
AND ASSISTANCE
REouES rEo.
Judge Estee's Decision in FuIf-ssNsn
Hundred and Fifty Dollars Award
ed-The upoIu's Captain ard
Crew Rewarded.

Crew Rewarded.
The steamer Upolu. that figures in
the case reported below. was lately
wrecked upon q sunken rock near
where she saved the Consuelo from
danger.
In the District Court of the Tinted
States for the Territory OF Hawaii
Robert r. Hind, hbellant. vs. BRIG.
antine -Consuelo. her tackle, apparel.
etc. In admiralty.
Paul Neumann, Esq. Proctor for
Libellant; Robertson & Wilder, Proc
tors for E. A. Fraser. intervening for
the interest of himself, Charles Mel
son and ]. Renton, eo-owners OF the
"Consuelo"
This is a libel for salvage brought
by Robert r. Hind, libellant, owner of
the steamer Upolu, whereof Frank
Dalton is master. II is brought for
himself as well as for the Master and
crew of the steamer Upolu, against
the Brigantine Consuelo, her tackle.
apparel. furniture. boats and appur-
tenances, whereof one A G. Page is
master. and against all persons inter
vening for their interest therein.
Libellant asks salvage in the sum Of
$4,000. E. A. Fraser answers the said
libel, intervening on behalf of himself,
G. A. Nelson and ]. Renton. as CO.
owners of the said "Consuelo."
The matter was referred to W. ].
Robinson, as Special Referee to take
testimony and report the same to this
Court.
Salvage is defined to be services
rendered in the rescue or relief of
property at sea in imminent peril of
loss or deterioration.
a salvor is one who without any
particular relation to vessel in dis
tress proffers useful service and gives
it as voluntary adventurer He may
act with or without request.
So assistance needed and rendered
is in the nature of salvage services.
The facts appear to be these:
That the "Consuelo," a sailing ves-
sci. Captain a. G. Page commanding.
was on trip from San Francisco to
Mahukona, on the Island of Hawaii
She reached that roadstead of MANU-
kona about October 25th, 1900, but
owing to the fact that other vessels
were lying in could not get mooring
until the evening of the 18th OF No
yember, when at about ten O'Clock of
that night she was moored about a
quarter of a mile from the shore
That during the night the wind
blew heavily from the southwest to-
ward the land, the barometer fell and
a storm known as a "Kona" common
to these islands. prevailed during the
entire night That about two O'Clock
in the morning Mr.. Fraser, one of the
owners of the Consuelo, and con-
signee of her cargo, being on the
shore arose and reused some of his
men and ordered them to go out and
go aboard the Consuelo and find out
if she needed anything That they
did so, and reported to the Captain
of the Consuelo, who with his mate,
steward and crew, including every
man aboard of the Consuelo, left the
ship and went ashore in the boat with
the natives sent out by Mr.. Fraser,
leaving the Consuelo entirely alone
There is some conflict as to how
long they stayed ashore. but it is in
evidence that the Captain with his
officers and men remained ashore
from a little after four o'clock until
after six, when the Captain returned
alone with the native crew, which he
claimed to have obtained on shore. 1t
is not contradicted that some life
| preservers were taken in the open
| boat when it left the Consuelo first,
thus tending to show that the officers
and men of the Consuelo thought there
might be need of them. and that the
mate and one of the crew took bundles
with them to the shore, probably their
clothes. II does not appear that the
Captain ordered his men to remain on
| the vessel or that he desired to re-
main on her himself Nc explanation
is offered by either the Captain or
anyone else for the conduct Of the
| crew in leaving; there is no testimony
as to a mutiny or any dissatisfaction
among the men aboard of her. The
Captain saying in explanation only,
Il couldn't prevent it-they would go.
They got in the shore boat and went
in order. to get another crew for the
vessel" But when ready to sail his
old crew went with him on board his
ship.
It was certainly most extraordinary
conduct on the part OF the officers
and men of the vessel to desert the
ship without cause. and especially as
not one of these officers or men, with
the exception of the Captain and the
cook. were called as witnesses to ex-
plain this proceeding It would ap-
pear that the action OF the crew in
deserving the vessel in this manner
in company with the Captain must
have been due TO some cause which
they now do not admit and from an
examination OF all the testimony in
relation TO the storm that was pre-
vailing. and the position of the Con
suelo," the Court must assume that ii
was fear of the danger in which the
vessel was then in that induced this
wholesale desertion This seems to
be more apparent from the testimony
OF the witnesses for the libellee to the
effect that when the Upolu hove in
sight. the recreant crew consented TO
go back at once upon the vessel
1t further appears that Mr. Frazer.
one of the owners and the consignee
Of the ConsneIo. and fntervenor here
in, telephoned to Mr.. Hind, the owner
Of the ~Upolu.' then lying at AlaaIae,
some twelve or fifteen miles from
Mahukona, to send the Upoiu There