The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1904-02-26

finally traced the dog to the good ship
John Ena, where the trail unfortunate
" ended. Here her good angel again
came 10 the rescue and a sailor, list
ening to her agonized appeals for aid,
told her that the animal even then was
aboard the John Ena. Boarding The
lion in his den Miss Martins went 10
the captain of the vessel and told him
that she was looking for her dog, and
would he please make his horrid sail
ors give it up. Captain Madsen was
nice and polite as all good sea-captains
are, but when Miss Martins began to
describe her stray animal and he found
that the description accorded with his
own most cherished possession, the
captain began to think that someone
was playing a joke upon him. The
skipper had a yellow dog but it was
his own, he said. Miss Martins want
ed to see it and the animal was led
out. The lady fell upon it's neck and
wept joyously. She said the lost was
found and wanted TO take it with her.
But the captain objected. He said
very politely that there must be some
mistake. The animal which she claim
ed was his own, he had purchased it in
Melbourne and wouldn't part with it
for anything, however, much he would
like to please the lady. Yes, he had found
it the Sunday before, but the dog was
his own, the one that had escaped from
the ship two weeks before. Protesta-
tons and tears fell alike on deaf ears
the captain was obdurate. The dog
was his and he intended to hang on to
it. And Miss Martins left in high
state of anger.
Wednesday morning bright and early
the lady made call upon the police.
She asked High Sheriff Brown to ar
rest the captain Immediately and want
ed to swear to a complaint charging
grand larceny. The sheriff listened
quietly and patiently, but told the lady
that he couldn't arrest Madsen. AS
both she and the captain claimed the
dog it was a question for the courts
to decide and he recommended civil
suit. if moral suasion failed to move
the captain. Whereupon Blanche again
wept bitterly and charged that the
whole world was in a conspiracy to
steal her precious dog. Then she went
to see a lawyer. Judge Kaulukou was
recommended as a friend of the weak
and helpless and to him she went. She
wanted the dog at all hazards whether
by civil or criminal process made no
difference Judge Kaulukou was SYM
pathetic. He was willing to do anything
to help the fair in distress. But a
criminal action would mean the filing
| of a cash bond to protect the sheriff,
he said and she did not want that. A
civil suit, the judge thought would be
more appropriate and certain, for even
if the captain was found to have stolen
her dog, the judge could not order him
to give it up unless a civil suit was
brought. But first they would try the
effect of little legal persuasion. To-
gether with the French woman Judge
Kaulukou called at the ship. The cap
tain was not there. But Mr.. Robert
Haneberg, the mate was and when he
found what was wanted promised to
do all he could to restore her dog. He
knew that the captain would respect
her wishes, and SO he told the lady and
her protector to wait. They waited
waited until long after noon, but captain
came not. Wednesday evening a sec
ond call was made but the captain was
still away. Yes, the dog was there, but
not to be seen. He was kept In the
hold the mate said. And again the
pOOI Hi1SlESSS VI Tie SIIidli yC1lOW uOS
had recourse to her kerchief Finally
the captain did appear, but only to
dash to the ground the hopes raised by
the mate. He fatty refused to give
up the dog.
And SO sadly and slowly the return
was made and yesterday morning the
papers in a suit were prepared and
the petition filed before Judge Dickey
yesterday. In this suit Blanche Mar
tins appears as complainant and A.
Madsen and Robert Haneberg of the
ship John Ena are defendants. The
complaint alleges: THAT the plaintiff
is the owner and is lawfully entitled
to the possession of a certain small
yellow dog described as follows, two
marks, white breast white front feet,
black mouth; the same being of the val
ue of $500. That the possession of
said dog which the plaintiff claims and
which the said defendants wrongfully
and unlawfully detain, contrary to the
law and the right of the plaintiff, said
small yellow dog, since the 21st day of
February, A. d. 1904, in Homo ulu,
Island of Oahu, Territory of Hawaii, |
until date hereof. That a demand for
the possession whereof was made by
said plaintiff on said defendants, where |
upon said defendants refuses and stil |
refuses to deliver the same unto the |
possession of said plaintiff.
Wherefore plaintiff prays that she |
may have judgment for the return of |
possession of said above described dog
and for the sum of $500 damages for
the wrongful and unlawful detention |
thereof and the costs of this action"
Judge Dickey fixed the day of trial |
for Monday, February 18th. at 1870
o'clock and the defendants are COM
manded to appear in court at that time
with the certain. small yellow dog"
L know the captain viii have many |
Witnesses, Miss Martins told her at
torney. He will have more witnesses
to say the dog is his, than 1 can get
who will say that the dog is mine. But