Evening bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1895-1912, 1903-01-24
JULIA T. NHAiEN
again N COURT


The Julia 4. Whalen schooner reg
isiry case was all threshed out over
again in the United States District
Court this morning This was through
the taking of testimony to send TO the
Treasury Department, Washington, on
". c. Peacock's appeal for remission
OF the penalty Of $4,000 found against
him by Judge Estee at the trial Of the
complaint brought by Collector Il. X
Stackable
Some brisk passages took place be-
tween counsel. District Attorney Breck-
ons scored a smart reply TO Mr.. High
ton. The latter had been reminded
several times that leading questions
could not be admitted, and when he
asked MIR. Peacock what was his mo-
tive in going to the custom house an
objection promptly came. Mr. High
ton offered to withdraw the question
and ask another, when the District At
toiney said:
Counsel asks a leading question Sc
! that when Il is ruled out the witnes.
will know what ans,t1r TO give to th'
next question. He has been using thai
trick for fifty years"
Il resent the statement of the Dis
trict Attorney" Mr.. Highton replied
1t is not correct, II is not fact"
well, forty-ive years" Mr.. Breck
ems naively corrected himself
Mr. Peacock testified he bought tn
schooner in San Francisco for the Mar
Gus Island Guano Co., of which he wa
president. This corporation had cap
ital OF 81 100000, divided into 10000
shares OF $40 each, Of which he owne
81 200 shares. The vessel was bough
IT, pursuance of resolution OF tn
board of directors, the record OF whic
she identified. A letter Of credit 70
s37 900 was furnished to him by tn
directors. which constituted the fun
out of which he provided the purchas
money. Prior to registering the vessC
stood in the name of witness. HI
reason for buying her in his own nam
was that while she stood on the way
Of East Oakland there was a disput
between the ship repairing compan
and Nicholas ]. Weaver. her then owr
or. about the cutting out of the stern
post. which threatened to develop int
a lawsuit. As the board OF director
in Honolulu could not be consulted !
time he took the responsibility of ris
OH himself. From his best informatio
the schooner was built in the Unite
States and at her purchase for I'll
| Marcus Island Guano Company wa
under the American flag
Witness said he went to the custoi
house about the Julia +. Whalen b'
: cause Captain Rosehill, master of III
= schooner. had told him II was necei
sary TO have the vessel registered. tn
captain was a naturalized America
D citizen. Witness said he saw I'll
( Younger Mr.. Stackable" at the custo
y house. Collector Il. X. Stackable smile
A n. this and inqulringly tapped his DO
y ON with a pencil. Il am the young
t Stackable." he informed the court. WI
ross identified X. c. Stackable, who W
present. as the man he meant II
court admitted II had been mixed abo
the initials OF the two officers but n
q pLout the men themselves.
Il Mr.. Peacock, on the crucial point
n the case, said he had no motive in 6
Q ing to the custom house on July
+. 1902. other Than TO have the vessel
b of upon her business for the compar
v Nobody told him the contents OF I
/. PAPER he signed. He did not read
q. and he could not recollect having TAX
II IN oath. Judge Estee would not allt
"a the answer to go down that witness
tot know the contents of the paper.
20 his signature was a certificate to
/. the world that he did know.
N Witness testified that nothing "
=. said to him about his nationality.
$. Mr.. Highton having remarked thai
? leading question he had put was nee
Al Epry. Judge Estee ruled:
n 1T is not necessary with this "
~ ness. know Mr.. Peacock and he II
h very intelligent man."
.