The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1901-05-24

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M her Hui hs ihf tpniH WHa fh dHnfD
~ lfIHf rHiarfi.i 300 Ns havaffs tHaI
connected thr CotsuDiu uitt So. htnts
the UH0lu v4a Hinut to iufH afuun1 Hn.
BIZ back when tr rariHlu aaw hut'
itHtf she ehufr With Hofn. mrH H 'rf
I Tho trstimUnt uf Use captain of She CON
su,iu at thls point le uf interest III
natst - thuurht 10 was strange tH 80
the tpuiu coming along Ht that time
T ard ash 90 ono NJ thn native Grew whtt'
The tpolu vne roirr lie said z ihinN
she ls roinr Co tow sou OUT and q,
said 'hp captain of Tho Cunsuelu, w,
nil went ashore Agaln 80 that W could
pick up my crew aud ret them hacA
aboard which DID when | went ashore
I asked Mr Frazer u be- had made any
agreement with the tuoiu TO tow me
out This was before "a. upolu got
there. although In sight lie said NO. and
| asked him " I would make any agree
mont He said No: leave that tu ~. "
IN. captain further testinos. 20 went
hack. nut my crew aboard u the CON
suolo. and I then spoke the captain OF
the t'polu, and ] asked him u he could
tow MS out and he said he could II !
set my fore and aft sails. my lower top
sails and staysails when We got started.
That was all the conversation | ala not
make any arrangement with him 10 10
this because ! supposed the owners, MT.
Frazer and MIR. 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 Cpolu TO Mahukona
i'm view of the fact that Captain Page
was ashore when Mr. Frazer was telc-
phoning to Mr.. Hind early in the morn
ing and that storm was then prevail
ing.
1t seems that the captain of the Con-
suelo and his crew assisted in getting n
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 libellee
testified that it took but fifteen minutes.
There is some conflict in the testimony
as to whether there was any danger to
the Consuelo at the time the services
were rendered by the Upolu; and wheth-
err If so, the danger was such as TO en-
title the Upolu to salvage compensation.
1t 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
NeSSel InOuSDl size was III anu
that all parties, including the sailors,
were conscious of it. Else why did the
captain and crew leave the ship? The
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 We're not in danger, why dlu
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 around
to the port of Mahukona, and why were
Mr. Frazer and his men up at o'clock
in the morning, the latter going out to
the Consuelo Ito see if she wanted any
thing" and then returning to the shore
with all her officers and men aboard,
the ship entirely alone?
If it had been possible for the captain
of the Consuelo to have set sail and
gone out of the port safely, without the
assistance of the Upolu, as he now tes-
titles, why did he not do this and not
abandon his ship in the first place, and
then returning ask the captain of the
Upolu. "Can you tow us out?" And why,
after being towed out did he remain
away from the port of Mahukona until
the weather moderated and was again
fair? If the place was safe and the
SUCH as W pSi Aiit ''ihi W AS'''s-'''
there, why did he not do so?
The real facts are there was a severe
south wind blowing and the Consueio
was in danger of slipping her mornings,
going upon the shore or being swamped
in the sea. This must have been the
fear that took possession of the captain
and the crew when they deserted the
ship. It Is the common instinct of the
captain of a ship to remain on her deck.
and 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, as
appears especially from the testimony OF
Captain Campbell, a witness for the libel
lee, and a man of large experience In
these waters, who, when asked whether
a vessel could sail out from this par
ticular spot moored as was the Consuelo
and the wind blowing as 1t was blowing
on that morning, testified: "She might
possibly If there was not very heavy
sea on she would have what they call
a nip and tuck to get out"
It is clear to the Court that the case
is one where salvage compensation
should be awarded. This seems to be
admitted by libellee. who rendered to IL
oellant $40 when the regular towage rate
services Of the Upolu were not only re-
luested by the owner but We're of value
IN saving the Consuelo. which vessel was
valued at about 5000 and her cargo at
about the same amount.
The fact that the Consuelo suffered no
is not material. If she were IN
danger of loss or deterioration or dam
age at the time the services were rem
lered, then 1t is a case for salvage. Yet
the services of the Upolu were not OF
such a character as to entitle her to large
although her position
among the lines of the Consuelo placed
her In danger of having her propeller
caught and being cast ashore. In sea
If the character described and storm
II the nature testified to- this danger
was enhanced. The Court, in view or
Ill the circumstances. is of the opinion
hat the Upolu is entitled to salvage and
likes the amount at the sum OF $3.50, to
De distributed as follows:
To Captain Frank Dalton, captain OF
he Upolu, $50; to A. Comes, chief engi-
leer thereof. and to James Davis, assist
mt engineer, s25 each; to tile five sailors
oil hAtt