The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1907-10-20
BIC DAMAGES
GIVEN WITHOUT.
Judge Dole Holds the Fullerton
Responsible for
Injuries.

Judge Dole yesterday rendered an
opinion and decision in the suit OF
Henry Witthof, first officer of the
barkentine Fullerton, against the bark
entine. awarding damages larger in
amount, probably, than were ever be-
fore awarded for personal injuries by
an admiralty proceeding or in any
other
The award was for s17,5OO for per-
sonal injuries received while on a voy-
age from San Francisco to Kihei.
| When the Fullerton, in tow of the
Lansing, was about 600 miles from Port
Hartford and 1900 miles from Kihei the
towline, which was "a chain cable,
started to slip over the windlass of the
Fullerton and Witthof attempted to
prevent its slipping by flashing the line
to the towing bitt. He was injured
by the further slipping of the chain,
and the slipping of the chain was due
to the fact that its links were too long
to fit into the compartments of the
wildcat or windlass. Witthof asked
the captain to put about to Port Har-
ford so that he could receive medical
and surgical attendance, his right arm
having some of the bones broken and
the muscles and ligaments torn and
bruised. The captain refused to do so
but went on to Kihei where it was
found necessary to amputate the arm
at the shoulder.
Judge Dole finds that the accident
was due to the negligence of the agents
of the ship in sending her to sea with
this imperfect and dangerous equip
ment, also that the captain did wrong
in refusing to put back to Port Har-
ford for surgical assistance to the first
mate. He finds from the testimony
that Witthof's earning capacity has
been reduced probably two-thirds, and
under the computations of the expect
ancy of life and earning ability he is
entitled to s14.816.95; and for the agony
and sufferings of body and mind an
other sum making in all S17,500.
THREE DIVORCES.
Judge De Bolt yesterday morning |
granted three divorces. One was to |
Makia Kalima from Eheekela Kalima, |
for desertion. The second was from |
Ohiaokalani Mahoe from Mahoe Hopu, |
on the ground of non-support. The |
third was to George Vessels from
Kekahuna Vessels, for desertion.
HABEAS CORPUS.
The habeas corpus proceeding of
Ching Tai. one of the ''67 Others"
was continued until o'clock Monday
to enable the High Sheriff to make his
return
LETTERS OF ADMINISTRATION
The Circuit Court was yesterday
asked for letters of administration for
Mary K. Koakanu on the estate of
James w. Koakanu, deceased.
WILL PROBATED.
The will of Maria Emelia do Aveiro
vas yesterday admitted to probate by
Judge De Bolt. and Jose do Aveiro
vas made executor without bonds.
A DAY OF ARGUMENT.
The whole Of yesterday forenoon was
occupied with argument before Judge
on the motion of the defend ]
tnts in the Lowrie case to stay the
in this jurisdiction until
he same case is dismissed or other
wise concluded before the Massachu- !
etts court. Argument was not con- I
luded, but will be- resumed at
'clock Wednesday morning. The S
Whole of Wednesday will be given up i
o argument if necessary, and one mo- t
ion after another will be taken up as
hey are presented. t
IN DOLES COURT.
In the United States Court yesterday
number of Edmunds Act cases that
anne over from last term were set
own for arraignment or trial. The
curt will meet at $3.50 o'clock, Mon :
ay.
BILL OF EXCEPTIONS.
Defendants bill of exceptions in the r
-ivian Richardson case We're filed in il
1urt yesterday. V
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