The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1910-08-23
ARREST IN HELCA
WRECK DISPUTE
Big WrangIe Over Ownership of
Coal-ManueI Silva Claims
Good Faith in Saving.

iuol L. silva was arrested yeSter-
day afternoon on charge of stealing
coal from the wrecked barkentine Helga
off Waikiki. The warrant was sworn
out by Captain Daniel Wall. commander
and part owner of the Helga when she
was sailing the seas, after he had con
suited his lawyers, Kinney, Ballou,
Prosser & Anderson. Wall hopes to
realize considerable money on the cargo
of the wrecked vessel.
Silva claims that he picked up some
of the coal spilled out of the hull of
the wrecked vessel only after he had
been told by United States Marshal
Hendry that the coal was the property
of anybody who took it. He saws that
he is perfectly innocent of any wrong
doing; but Captain Wall asserts that
Silva took the coal without the con-
sent of the owner, and that it amounts
to nothing less than larceny. Wall is
prosecuting Silva in order to prove his
title to the coal and to stop others from
taking it.
Others persons-many Of them-have
been at work day and night salTlng
the coal, and many Of them were ignor
ant Of any claim that Kinds, Rolph &
Co. agents for the insurance under
writers, Captain Wall or the customs
authorities had any claim whatever
upon the wreck Indications are that
they will lose all their. labor, unless
Captain Wall pays them for their work.
The coal which they took Is SAID to
have been some distance from the hull
of the Helga and much of it is now
being washed shoreward. Captain
Wall said last night that he hopes to
save good deal Of the coal
A conference of Captain Wall, Cap
tain Frederick Miller of the Miller
Salvage Company, Kinds, Rolph & Co.,
and their attorneys was held yes
terday afternoon, and it was agreed
that Wall should go ahead with salving
the coal and that Miller should save
as much of the vessel as he wanted.
Wall and Miller are busy with several
small DDdtS FtIHON my tut Ctdl
The customs authorities are not going
to permit the coal to be brought ashore
and used unless the regular duty is paid
on it. In those circumstances lott of
poor Hawaiians are not between the
devil and the deep sea, but between
Captain Wall and the police court on
one side and Collector Stackable s men
on the other. They are without money
with which to pay the duty. The law
provides that duty must be collected
on the cargo of wrecked vessels if such
| cargo is carried ashore in two years
after the wreck occurs. 1t is supposed
| by the customs authorities that coal
| spilled here and there near shore IS still
| cargo.
| Mr.. Stackable was asked yesterday
| afternoon whether there was any diff
| ference between coal picked up in the
| harbor by japanese with dragnets and
| the scattered coal from the Helga. He
said the coal picked up in the paths
of the big steamers did not amount to
/ enough to Justify the collection of
| revenue.
Captain Wall said last night that he
would have been willing to pay for the
! salving of much of the coal piled up
| on the beach had those who picked 1T
up expressed a willingness to give it
up. which they did not do, according to
the skipper s statement.
The outcome Of Silva 5 case will de-
pend upon the disposition OF the prose
! cution or the Jury which tries him. He
NAV be guilty Of wrongfully taking the
coal but he will probably find plenty
of sympathizers who viii think that he
took the coal in good faith. If 1t IS
asserted in court that Captain Wall IS
prosecuting Silva in order TO prove his
right of ownership, the likelihood IS
that the judge or jury sitting IN Juog'
ment will not believe beyond reason
able doubt that he stole the coal. But
however. the entire story of the Incl
dent VIII not be told until the case is
tried. and any prediction regarding the
outcome of the trial is liable to be
amiss.
A.