Evening bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1895-1912, 1907-07-26
NO IMPRISONMENT
WITHOUT WARRANT
Damages Awarded Ford
By Judge Dole For
False Arrest

decision was rendered In admiral
ty this morning by Judge Dole in tn
case of Thomas Joseph Ford versa
the Oceanic Steamship Company. For
sued for damages for illegal arrest an
Judge Dole DEGREES that he may col
lect damages In the amount of $780,
The decision says in part:
This is libel in personam. TIL
libellant was fireman on the Ven
tura, one of the vessels of the libellee
and engaged as such during tn,
month of June, 1906, for a voyag,
from San Francisco to Honolulu, Pagt
Page, Auckland, Sydney and return b.
the same route, at wages fixed at fit.
dollars a month and board and lodg
Ing reasonably worth twenty dollars
The libel alleges that on the 28th day
OF June, when the Ventura was lyine
In the port of Honolulu in the prosecu
ZION of said voyage, the libelant was
illegally and without reasonable OF
probable cause, arrested by the libellet
ON board said vessel and taken ashore
and confined in prison for period OF
five days without any charge being
preferred against him in any court
and that he finally regained his liberty
through a writ of habeas corpus; that
during such Imprisonment the said
vessel Ventura continued her voyage
leaving him behind and carrying away
with her his clothing and personal eff
fects worth fifty dollars, and without
paying him any wages, whereby he
lost such effects and was deprived of
the two months wages which he
otherwise would have earned
THE libelled seeks to justify the
arrest on the ground that the libellant
was drunk, disorderly and riotous dur
Ing his watch and interfered with the
work of the ship, and alleges that the
officers arresting libellant was dis
tinctly Informed of the nature of the
charges against him.
Il have no difficulty in finding that
the libellant was under the influence
OF liquor at the time of, and previous
to, his arrest, which was shown by the
development of quarrelsome tend
ency in the discussion of certain SUBJ
Jects of general interest in which be
was disposed to enforce his arguments
by some kind of belligerent demon
stration. When the policeman was
first sent for, he found on his arrival
that the libellant was sitting at the
table in the mess room, quietly eating.
The first officer pointed him out as
the man" and he arrested him, but
upon allowing him to go away to put
on his shoes and coat he failed to find
him again, and returned to the police
station. He was later sent for and
went down this time with three other
officers, expression having been made
that the libellant's associates on the
ship might Interfere with his arrest.
Upon his second arrival he found the
libellant In his bunk, lying down
quietly, and arrested him and took him
ashore.
1.-THE practice of the ship as init
mated by the chief officer in his testi-
mony, of having men locked up as
drunk and disorderly at any port, in
any part of the world, and leaving
them to their fate, is indefensible in
common law countries. 1t is a pro-
ceeding instituted by layman to i'm
prison another without trial or judg-
ment for day or part of day, and as
much longer as officials negligence
may allow. In this case 1t was that
an dmore, for it included a discharge
fthe libellant in violation of the law,
although record of discharge was en-
tered the next day by the purser. l
feel that the rule laid down by the
Texas case applies in this case and
hat the libellee is liable, not only for
he arrest and Imprisonment but for
he negligent extension of the impris-
)nment as we'll
"A decree may be entered in favor of
he libellant in the amount of three
$4,000 dollars, made up as follows:
1.-TWO months wages, 500; seven
weeks board, $35; personal effects,
$40; damages for arrest and imprison-
nent, $125, with COSTS"
The syllabus gives the judges opin-
on on the case In condensed form. 1t |
says:
Arrest without warrant-Legality: |
An arrest Of a sailor on board of his |
ihip lying in the port of Honolulu by
IN officer without warrant, in .conse-
!uence of the request of the chief Of
icer, is illegal under the Hawaiian
aw and common law.
I'D: In such case, the fact that |
he chief officer told the policeman
hat there Is disturbance aboard
nd pointed out libellant as the man
making it, does not make the arrest
egal, where the policeman neither saw
Tor heard of the circumstances of the
disturbance, but If he had been told OF
he circumstances of the disturbance,
yhich he had not seen, and from such
arration had found reasonable cause
D suspect the guilt of libellant and
ad arrested him because of such sus-
icion, the arrest would be legal
I'd: The right to arrest without a
is an exception to the general
ule and the conditions under which
is allowed must exist,-and the
lethods under which is is carried out
lust be strictly followed to make it
sgal.
First officers in charge of vessel
Authority: The first officer was in
harge of the ship de facto, the master
Id not appear in connection with the
latters testified to, nor was there any
ltimation that he was on board. Held,
nat the first officers rightfully repre-
snted the owner. 6
Liability of one causing arrest for
of imprisonment The ar
'st being illegal, and the ship going
sea Immediately after with the pos G