The Hawaiian gazette., 1902-10-28
WAALEN A
SOURCE or
TROUBLE
Peacock Sued for
Value of the
Vessel.

The i'll success which so far has az
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 c. 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 G..
Peacock, registered her as an Amer
lean vessel when in fact he was not
n citizen OF the United States.
While the error was made perhaps
inadvertently, the suit, 1t 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 Stackable 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-
coed. The matter was referred to the
washington authorities, with the re-
s"l- thHt the district attorney was re-
Gu atvd 10 begin suit against w. G.
eek 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 Il. 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
c. Peacock, under and by the name of
Walter c. Peacock, did swear, accord
ing to the best of his knowledge and
belief, amongst other things, that he,
the said Walter G. Peacock, was a cit
izen of the United States of America,
and that the said Walter c. Peacock
was at the time of the making of said
oath, the sole owner of the vessel
Julia Il. 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 G.
Peacock, in truth and in fact was not
a citizen OF the United States of Amer
lea, but subject and citizen of for
eign power, which said fact was within
the knowledge Of the said Walter c.
Peacock.
the oath as aforesaid, a subject and a
citizen OF foreign power, towit. the
said Walter G. Peacock, was Interested
in the said vessel Julia T., Whalen,'
and was the sole owner thereof. and in
said Walter c. Peacock, the statement
made by the said Walter c. Peacock, In
said oath, that no subject or citizen OF
said foreign power was interested in
said vessel was not true.
"That the value of the said vessel,
Julia e. Whalen, Is the sum Of twenty
five hundred ($2,500) dollars.
THAT by reason of the facts afore-
said, and by force of the statutes OF
the United States Of America, towit,
Sections 4142 and 4143 of the Revised
Statutes of the United States, the said
defendant, Walter G. Peacock. forfeited
and became liable to pay to the United
States of America the value of said yes-
sci, towit. the sum of twenty-five hum
dred ($2,500) dollars, and an action has
accrued to the United States of Amer
lea to demand and have of the said
defendant the sum of twenty-five hun
bred (s2,5O0) dollars. Yet the said de-
PENDANT, though requested has not paid
to the United States of America the
said sum Of money or any part there
OF, but refuses to do so to the damage
of the United States of America in the
sum of twenty-five hundred dollars.
Wherefore. judgment for the sum
above stated is asked on behalf of the
United States"