The Hawaiian gazette., 1905-11-10
CONCORD RAN
INTO SAMPAh
Trom Wednesdays Advertiser)

From Wednesdays Advertiser.)
The American schooner Concord was
libeled yesterday by Tsunekichi Mat
sumo for damages claimed to have re-
suited to his sampan by the former
vessel collidng with the fishing craft.
The Jap sets forth that he is a fish
erman, a married man with three
minor children who are all dependent
upon him for support He is the sole
owner of the fishing boat which was
in the collision, and he used 1t daily
in pursuit of his occupation. OF sup
plying the market with fish His av-
erage earnings were 81 per day, and
up to the time of the collision the
boat was staunch, tight, strong and
well l-conditioned. Personally he claims
he was in perfect physical condition.
At the time of the collision the sam
pan contained various articles worth
about s92 80, including sails, mast, 300
feet of rope, oars, anchor, hatehet,
lamp, 81 pounds lead, can of oil,
watch, net, fishing twine, soy, rice, pot,
saucepan and 100 akule, the latter
worth ten cents each.
About p. m. August 21, the libel
ant departed in his boat for the fish
ing grounds off oahu, and had reached
a point about half way between the
channel leading into Honolulu harbor
and Diamond Head, and about three
miles off shore, where he duly anchor
ed his boat, and before dark set up
his anchor light six feet, four inches
above the level of the sea. AT the
time the light was up there was no
sail raised in his vicinity At a. m.
August 2S, the night was clear, the
north east trade wind was blowing and
there was no rain or fog. number of
fishing boats with their lights plainly
visible were anchored on said fishing
grounds.
Then the occupant of the sampan
was rudely collided with by the
schooner Concord, Captain Moses in
command. The schooner struck the
fishing boat nearly at right angles
upon her starboard side, causing great
injury to the hull. The boat was cap
sized and all articles therein, were lost.
Everything was lost. The sampan was
towed into port.
The Jap claims the collision occurred
through the negligence of the schoon-
er's crew. He claims: l, THAT the
schooner was guilty of fault and vio-
lation of law in entering without neces-
sity upon fishing grounds where num-
ber of fishing boats were at anchor,
as said schooner knew or must have
known"
2, said schooner was guilty of fault
and violation of law because she was
proceeding at a rate of speed which
was excessive for the place in which
she was, instead of sailing at mod
crate speed.
3, Said schooner was guilty of fault
and violation of law because she had
no proper lookout to guard against
danger of collision, particularly upon
said crowded fishing ground, ETC."
The Jap claims that total of 1885,
80 Is his actual loss. including gear.
illness and sickness, medical attend
ance, permanent depreciation Of boat,
repairs to boat, earnings, etc.
J. J. Dunno appears for libelant.
COURT NOTES.
Judge De Bolt yesterday granted a
decree of divorce in favor of Caroline
Kanikau from George Kanikau on the
ground that the latter has incurable
leprosy. The custody of the two
minor children is awarded to the libel
liant.
Judge Robinson has ordered the dis
charge of Celia Noar, upon her peti'
tion, and appointed Samuel Noar, as
administrator of the estate of the late
Isaac Noar. The inventory shows that
the estate was worth s33.
Judge Robinson will call the even
numbered cases on the calendar on
Thursday morning, Immediately after
Judge De Bolt calls the odd numbered
cases.
An inventory of the books in the law
library left by the late Judge NJ. NJ
Estee, filed in the Circuit Court
shows that they have been appraised
at $41l2.75.