The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1902-10-28
WHALEN A
SOURCE Of
TROUBLE.
Peacock Sued for
Value Of the
Vessel.
REGISTRY UNDER
AMERICAN FLAG
Owner Was Not Citizen of United
States and Forfeiture of
$25OO Asked. Z

The i'll success which so far has at
tended the Marcus island expedition
still appears to cling to the promoters
of the project. Yesterday, in the
United States court, suit was instituted
against Walter G. Peacock, on behalf
of the United States, to recover the
sum of $4,000, being the value of the
Julia E. Whalen, the vessel which car
ried the exploring party to the island.
According to the petition filed by
United States Attorney Breckons, the
vessel becomes forfeited to the United
States because her owner, Walter c.
Peacock, registered her as an Amer
lean vessel, when in fact he was not
citizen of the United States.
While the error was made perhaps
inadvertently, the suit, it is said, still
lies against Mr.. Peacock, and was in
stituted by the United States attorney
at the direction of the solicitor of the
treasury, as is attested in the declar-
alton attached to the petition. Though
Mr.. Peacock was eligible to citizenship,
he did not take out his final papers
until some time after the return of the
Whalen from the Marcus Island ex-
petition This became known to Col
lector Stackabie at that time, and there
was then thought of taking possession
of the Whalen and preventing her
sale. However, the purchase of the
vessel by an innocent party does affect
the claim of the United States, if there
be any, so the sale was allowed to pro-
ceed. The matter was referred to the
Washington authorities, with the re-
suit that the district attorney was re-
quested to begin suit against W. G.
Peacock for the value of the vessel.
The following are the allegations in
the petition filed yesterday:
"That heretofore and on, towit, the
End day of July, A. D. 1902, in order TO
secure the registry, under the laws of
the United States, of certain vessel
Known as the Julia E. Whalen," did
take an oath, at the port of Honolulu,
in the district and Territory of Hawaii,
before r. c. Stackable special deputy
collector of customs in and for said
district, the said r. c. Stackable being
then and there an officer authorized to
make such registry. That in said oath
so taken as aforesaid, the said Walter
G. Peacock, under and by the name of
Walter G.. Peacock, did swear, accord
ing to the best of his knowledge and
belief, amongst other things, that he,
the said Walter c. Peacock, was a cit
izen of the United States of America,
and that the said Walter G. Peacock
was, at the time of the making of said
oath, the sole owner of the vessel
Julia E. Whalen," and did further
make oath, to the best of his belief
and knowledge, that no subject or cit
izen of any foreign power, either di-
rectly or Indirectly, by way of trust or
confidence or otherwise, was interested
in said vessel, or in the profits or is
sues thereof.
THAT at the time of the taking of
the oath aforesaid, the said Walter c.
Peacock, in truth and in fact was not
citizen of the United States of Amer
lea, but a subject and citizen of a for
eign power, which said fact was within
the knowledge of the said Walter C.
Peacock.
THAT at the time of the taking of
the oath as aforesaid, a subject and a
citizen of a foreign power, towit, the