The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1902-04-15
HOWE SAILORS
GET JUDGMENT
EsTEE AWARDS EXTRA COMPEN-
SATION AND INTIMATES THAT
DAMAGES ARE DUE.
TWO DOLLARS A DAY EACH FOR
l2O DAYS
Less Than two thirds of the Legal Ra-
Small and Leaky.

Judge Estee this morning rendered q
decision in the case of David Hall and
Edward Woods against the schooner F.
w. Howe and her master, Captain s.
b. Atkinson. The court holds that the
men were not properly housed or fed
during the voyage. On account of a
shortage of more than one third of the
legal ration, the men are awarded 81 a
day each for the 100 days of the voyage
and on account Of the bad quality of
the food and water that was supplied.
the men are given another dollar a day
each making $3.50 each awarded the two
defendants The matter of extra dam
ages is left open, the court making the
following expression as to this feature
Of the claim
81 do not allow any special damages
to the men for the extra suffering If
any endured by them by reason of the
illness shown to exist with both of them
as the men are not yet out of the hospi-
tai and it cannot now be shown what
their reasonable damage would be if
any So the question of special dam
ages in this regard is not considered.
This 1 do without prejudice to any fur
ther action on the part of the libel
lants."
Judge Estee reviews the testimony at
great length in decision comprising IA
pages, and finds mugh To criticize i'm the
treatment Of the four men who made
up the foreCastle foroe of the schooner
Howe. He says:
There We're eight men aboard of this
vessel, the Captain, the first and second
officers, the cook and the four men in
the fOrecastle. The forecastle was a
small place not exceeding five feet by
ten in size, and these four sailors were
compelled to eat and sleep in this place
1t is admitted that the forecastle leaked
badly and was constantly wet from the
rain. One sick man left the vessel at
Mauritius and went into a hospital No
entry is made in the log book of the ma
ture of the illness of this man as was
required by Section 1890 Subdv . Re
vised Statutes"
Estee says that the vessel was evil
IDENTIFY rot properly provisioned for the
long voyage she undertook and that
the law requiring a vessel to carry
weights and scales so that food may be
weighed out TO the men in case of dis
pute was utterly ignored, as there were
no scales at all on board. He con-
tinues:
1T is uncontradicted that all of the
original crew in the fOrecastle of the
vessel became more or less sick on this
voyage. johnson went to the hospital
at Mauritius and wac left behind the
Italian taking his place. Exactly what
was the matter with him was unknown.
The Filipino had swelling of the limbs
before reaching Honolulu, but he is
now apparently well. Hall and Wood
are still sick and receiving treatment at
the hospital but are improving So far
as the weight Of the testimony shows
all the men were well when they shin
ped at New York. Every sailor. includ-
ing the second mate. and the Italian
VINO shipped at Mauritius, testify that
the food was too salty to eat: that it
was otherwise lily prepared and that
they ate it with difficulty. 1t is admit
ted that the tea and coffee were preDar-
ed in one vessel although the cook said
| ne washed it out when he changed from
| tea TO cOitee; but one witness testified
| that both tea leaves and coffee grounds
We're mixed together i'm the one pot for
| the men. 1t is admitted that the men
drank rain water from the roof of the
cabin large part of the time from
Maurittus here; but the captain testified
that he has always done this with his
men. If he did. unless from extreme
necessity, it was contrary to law.
Inc cook testified that he set out a
pall OF water for the men each day.
| which pail as he thought held from two
| to two and a half gallons of water.
When under the law, the four men were
entitled to four gallons or a gallon
,-P'Nn@C ~ N"IlS' Inc loTecaSLe leaked bad
| ~. lhe men complained to the first
officer, but he evidently dd not inter-
Iere TO ameliorate their condition.
! While the captain and the mate testi-
ned in general way that the men were
I Wei fed, yet when their attention was
called to the specific facts in the testi-
mony of the other witnesses, they utter
/ ly failed to know anything about
/ them"
| Judge Estee says that he will not
attempt to settle the differences of the
| experts as to whether Hall and Woods
/ nave scurVy or beri-beri. Both are
/ dangerous diseases and both might he
caused by the conditions held to have
! existed on the schooner Howe Hall and
| Woods will probably begin another ac-
| ton to recover extra damages, on ac-
count of their illness and suffering.