% 
 
INVESTIGATION 
 
 Investigation of a Fatal Accident Which Occurred at Lahaina, 
 Maui, on May 1, 1915, in which Chow Soy (Male) and 
 S. Ushi Kuwaye (Female) Were Drowned While 
 Being Transported to the Landing from the 
 S. S. "Kilauea," Operated by the 
 Inter-Island Steam Naviga- 
 tion Company, Ltd. 
 
 CONDUCTED 
 BY THE 
 
 Public Utilities Commission of Hawaii 
 
 Paradise of the Pacific Piess 
 19 15 
 
INVESTIGATION 
 
 Investigation of a Fatal Accident Which Occurred at Lahaina, 
 Maui, on May 1 , 1 91 5, in which Chow Soy (Male) and 
 S. Ushi Kuwaye (Female) Were Drowned While 
 Being Transported to the Landing from the 
 S. S. "Kil auea," Operated by the 
 Inter-Island Steam Naviga- 
 tion Company, Ltd. 
 
 Paiadibe of the Pacific Press 
 19 15 
 
H SI c 
 
 Page 
 
 ^ Coroner's Inquest: 
 
 <J Minutes of proceedings- - - - 
 
 Stenographic report — - -- -- ^ ' 
 
 Findings of Commission — --- --- 
 
 Inter-Tsland Steam Narifiafion Co.. Ltd.: 
 
 Accident report - - -- - — -- ^ 
 
 Letter transmitting accident report 3 
 
 Master's report to IT. S. Local Inspectors — -- -- -- -- 5 
 
 ISTotification re sworn statement of General Superintendent... 7 
 
 Passenger list of S.S. "Kilauea"... - *^ 
 
 Eeply to findings.. — -v -- - - - - ^"^-^ 
 
 Inspectors of Hidh and Boilers: 
 
 Letter to Capt. William Tlowe - -- 131 
 
 • Letter to Mr. T. J. Henev .-- -- - 131 
 
 Public Utilities Commission: 
 
 Acknowledging receipt of accident re])ort - 5 
 
 Acknowledging receipt of proceedings of Coroner's inquest.. 8 
 
 Acknowledging communication from Sheriff, C^ounty of Maui. 9 
 
 Request to Sheriff, County of 'Maui, for copy of proceedings of Coro- 
 ner's inquest . - ^ 
 
 Keturning Mr. J. E. Sheedy's statement 7 
 
 N^otice of hearing — 
 
 Modified recommendations -- 131 
 
 Transmitting findings - --- 131 
 
 Second re(]uest for eo])y of "|)r()ceediugs of Coroner's iui]uest 0 
 
 Slieriff, County of Maui: 
 
 Communication re ])roceedings of Coroner's inciuest S 
 
 Communication transmitting jiroceediugs of Coroner's iu(piest. 9 
 
 Trunsei-ipts: 
 
 Examination by Commission, ^Iny S, 1915 -15 
 
 Hearing, July Kl, 1915 ^1 
 
 Hearing, July 1!», 1915 i)^ 
 
 SubiJoenas ^1 
 
Digitized by the Internet Archive 
 
 in 2015 
 
 https://archive.org/details/investigationoffOOhawa_0 
 
Investigation of a Fatal Accident Which Occurred at Lahaina, 
 Maui, on May 1 , 1 91 5, in which Chow Soy, (Male) and 
 S. Ushi Kuwaye (Female) Were Drowned While 
 Being Transported to the Landing from the 
 S. S. "Kilauea," Operated by the 
 Inter-Island Steam Naviga- 
 tion Company, Ltd. 
 
 Intee-Island Steajm ISTavigation Co., Limited. 
 
 Honolulu, T. H., May 6, 1915 
 
 Public Utilities Conuiiission of Hawaii, 
 Honolulu, T. H. 
 
 Dear Sirs : 
 
 Enclosed we beg to hand you Accident Report 'No. 131 relating to an 
 accident which occurred at Lahaina in which two lives were lost through the 
 swamping of one of the steamer "Kilauea's" boats while landing passengers at 
 that i^ort on the 1st inst. 
 
 You will find attached to this report copy of Captain Berg's report to the 
 U. S Local Inspectors. 
 
 Yours very truly 
 
 Inter-Tsland Steam Nav. Co., Ltd., 
 By Jas. L. McLean, 
 
 Vice-President. 
 
 Inter-Island Steam Navigation Co., Limited, 
 accident keport. 
 
 May r)th, IDIT). 
 
 The General Manager Inter-Island Steam 
 
 iSTavigation Company, Limited. 
 
 Sir : — I beg to submit the following accident repoi't : 
 
 S. S. Kilauea Voyage No 
 
 Date and time of accident May 1st, 1915, 9.20 P. M. 
 Place of accident Lahaina, Maui. 
 Weather conditions Fair 
 Person injured — 
 
 Name Chow Sai (Male) Chinese 
 
 Usui Koyae (Female) Japanese 
 
 Passenger or employee Passengers 
 
 If passenger, destination and address Lahaina 
 
 If employee, nature of employment 
 
 If neither, in whose employ 
 Cause of accident— 
 
 If due to tackle or gear, state condifidH of same, and specify broken 
 parts Swamping of boat 
 
 3 
 
 Iietter TrauBtnlt- 
 ting- Accident 
 Report. 
 
Tf tackle or gea,. owned l>y .ome one other than Company, give nan.e of 
 ^:r;SleSrarto':Sae,e.. of inj„,y, and c.„.e,nn.ance. nnder whieh it 
 
 wouiaii, 
 
 What WHS done with injured person . ^^-,^^^,1) Y. M. Bek.g, 
 
 Master S. S. "Kilauea". 
 
 •hiding Passengers, Employees 
 ^'''"'"^''"Zi::^: .i^^'or there is little lik« of cla.. 
 
 Get fall name, arul addresses of all WUnesses^m. 
 and others, even w 
 helncj made against Company 
 
 Name 
 
 Hiku - 
 
 ISToepano - 
 Lipano 
 
 Moki 
 
 Umauma 
 
 WITNESSES : 
 
 Address 
 
 Occupation 
 
 .Boat-steerer 
 .Sailor 
 
 O 
 
 I— i 
 H 
 < 
 
 o 
 
 > 
 < 
 
 H 
 
 H 
 
 P 
 
 'A 
 < 
 
 xn 
 i — I 
 
 P 
 
 6 
 
 >-0 
 
 o 
 
 1^ 
 
 C/2 
 
 o 
 
 03 
 
 P 
 
 'bjTj 
 
 CD 
 
 O 
 
 4 
 
S. S. "Kilanea" Ililo, May 2nd, 1915. ^7°^* 
 
 ' ' of S.S. "Kilauea" 
 
 To the U. S. Local Inspectors of to Local u. s. in- 
 
 HuUs and Boilers. spectors of kuUs 
 
 and Boilers. 
 
 Gentlemen : 
 
 I herewith beg to submit a report on the accident to S. S. Kilauea's passen- 
 gers, which happened at Lahaina, Maui, on the evening of May 1st, 1915, alvjut 
 9.20 F. M. The S. S. "Kilauea" left Honolulu at 3.10 P. M. Saturday 
 ]\lay 1st, 1915, and experienced fair weather on the trip to Lahaina, arriving 
 there at 8.55 P. M. Weather and sea conditions being favorable I lowered two 
 boats to take passengers, mail and baggage ashore. 
 
 Sent the first boat ashore with eight cabin passengers, their hand baggage 
 and 33 sacks of mail. Sent the second boat ashore with eight adults and two 
 children, their hand baggage and one trunk. After some time I noticed a red 
 light being moved on the wharf, and there being no sign either of the boats re- 
 turning, I lowered a third boat, sent Purser Thompson ashore to see what was 
 the trouble. Turned on the searchlight. On the Purser's return he reported 
 the second boat swamped and that some of the passengers were missing. I sup- 
 plied the Purser's boat with oars for the swamped boat and sent' 2nd Officer 
 O. W. Olssen ashore to take charge. On the 2nd Officer's return he reported 
 one passenger (a chinaman) drowned, and a Japanese woman missing. Diligent 
 search was made by the ship's boats, and also by Mr. Devauchelle in his boat, 
 and by a number of other boats and sampans. I finally left for Llilo at 10.52 
 P. M. and by that time nothing had been seen of the missing woman, who was 
 found at 12.30 A. M. May 2nd, drowned. The crew in charge of the swamped 
 boat was, Hiku, boatsteerer, and ISroepano, Lipano, Moki and Umaunia, all na- 
 tive Hawaiians and experienced boatmen. 
 
 At the time of the accident there was a very light S. E. wind and a small 
 swell from the South. 
 
 Very respectfully, 
 
 (Signed) F. M. Berg, 
 
 Master, S. S. "Kilauea". 
 
 Mutual Teletmione Co., Ltd., (Wireless Dept.) 
 
 Time Received 
 May 9 3-25 PM 1915. 
 Hilo 9 
 
 Public LTtiltties Commission, wireless from 
 
 Honolulu. 
 
 Take no action Laliaina accident until 1 retni'U. 
 
 Forbes. 
 
 Public Utilities Cojmmtssion oi<^ Hawail 
 
 Honolnln, T. H., Afay 13, 1915. 
 Inter-Tsland Steam JSTavigaticm Co., Ltd., 
 
 Llonolulu, T. H. 
 Gentlemen : 
 
 This is to acknowledge receipt of your ('(iiuinunicat iou of tlio (Ith iuslaul 
 in closing your Accident Peport No. 131, rclaring to an accidcnl w liicli occun-cd 
 at Lahaina, Maui, in wliich two lives wore lost through [be .swaui])iiig of one of 
 the l)oats of the s. s. "Kilanea" while landing passengers a1 that (»n Mav 1, 
 
 Chairman. 
 
 5 
 
1<)15 A copy of the report of the Master of the s. s. "Kilauea" to the U. S. 
 L„oi:i InspertorB of Hulls and Boilers, dated May 2, 1915, attached to the regu- 
 
 »;lu rltfnd report will be presented to the Conr,nission at its 
 next meeting. 
 
 Very truly yours, 
 Public Utilities Commission of Ham^ui, 
 By its Secretary, 
 
 H. P. O'SULLIVAN. 
 
 Notice of Date for 
 Hearlugf. 
 
 Public Utilitiks Commission of Hawaii. 
 
 Honolulu, T. H., July 7, 1915. 
 
 Inter-Island Steam Navigation Co., Ltd., 
 Honolulu, T. H. 
 
 ""'""mile is hereby given that a hearing on the accident of the Jnter-I^W 
 Steam" Won C .,i^^ 
 
 ^ ^l^s^l^n^^^^^e u^at t^e the matter ofthe -^^^ 
 of M Negoro, General-Secretary of the Japanese Association of Hawaii, legaid 
 iuo. the ti^eatment of steerage passengers on your steamers. 
 
 Very truly yours, 
 Public Utilities Commission of Hawaii, 
 By its Secretary, 
 
 H. P. 0' Sullivan. 
 
 Faseengrer List of 
 S. S. "Kilauea" 
 
 Inter-Island Steam 
 
 Report of s. s. "Kilauea" date of arriv 
 lulu, May 1, 1915, 5 p. m. 
 
 Outward Passenger List. 
 
 Honolulu to LaJiaina 
 W. T. Robinson, 
 E. Waiaholo, 
 
 Mr. and Mrs. H. B. Penhallow, 
 W. K. Kaluakini, 
 Miss Maillua, 
 A. Heu. 
 
 Lahaina to Hilo. 
 H. W. Kinney, 
 M. A. Patton. 
 
 Dech. 
 Honolulu to Lahaina. 
 
 5 Hawaiians, 
 
 3 Japs, 
 
 1 Portuguese, 
 
 1 Chinaman. 
 (10) 
 
 Navigation Co., Ltd. 
 al May 4, 1915, 9.17 a. m. Left Hono- 
 
 Trip No. 87. 
 
 Honolulu to Hilo. 
 J. F. C. Hagens, 
 R. Haiu, 
 J. Henderson, 
 J. L. Wheeler, 
 R. T. Moses, 
 S. Johnson, 
 
 Mr. and Mrs. J. R- Bruce, 
 
 Mr. and Mrs. Twining, 
 
 Miss Miller, 
 
 Mr. and Mrs. Ruxton, 
 
 Mr. and Mrs. N. K. Lyman, 
 
 Mrs. W. Conradt, 
 
 Mrs. J. Stupplebeen and infant. 
 
 E. F. Mogford, 
 
 F. W. Thrum, 
 J. Franks, 
 
 O. Bjorklund, 
 
 6 
 
2 Filipinos, 
 2 Chinese. 
 (48) 
 
 Lahaina to Hilo. 
 5 Japs, 
 1 Portuguese. 
 
 (On the freight list the following 
 note appeared : 
 
 "ISTotes : Weather on both outward 
 and inward trips. Light trade wind 
 and smooth seas.") 
 
 E. W. Thompson, 
 
 Purser. 
 
 Public Utilities Commission of Hawaii. 
 
 Jte Statement of 
 Honolulu, T. H., Aug. 5, 1915. ^r. Joseph E. 
 
 Inter-Island Steam ISTavigation Co., Ltd. 
 
 Honolulu, T. K 
 Gentlemen : 
 
 The statement of Mr. Joseph E. Sheedy, Genev.nl Superintendent of the 
 Inter-Island Steam Navigation Co., Ltd., concerning the Lahaina accident, 
 under date of August 3, 1915, received. The Commission directs that it be re- 
 turned herewith with the request that it be filed in the form of an affidavit. 
 The portion of the minutes of the hearing held July 19, 1915, which l)ears on 
 this matter reads as follows : 
 
 "Mr. Sutton requested the privilege of calling Mr. Sheedy, Supt. 
 of the Inter-Island Steam K"avigation Co., Ltd., as a witness to testify 
 with reference to the rules and regulations governing the boats, crew, 
 etc. Mr. Sheedy not being present, the Commission directed that his 
 statement be made in the form of an affidavit and filed with the Com- 
 mission." ' ! "» 
 
 Very truly yours. 
 Public IT'pjyj-pu^f^ Commission ok Hawaii, 
 By its Secretary, 
 
 H. P.' O'SULLIVAN. 
 
 Inter-Island Steam ISTavigation Co., Limited. 
 
 Honolulu, T. H., August 9, 1915. 
 Public Utilities Commission of Hawaii, 
 
 Honolulu, T. H. 
 Dear Sirs : 
 
 Your favor of August 5th requesting the writer to submit his statement 
 m the form of an affidavit is acknowledged and in re])ly would say that same 
 lias been executed and forwarded luider separate cover. 
 
 Trusting that this will be satisfactory, we remain, 
 
 Yours very truly, 
 
 Inteu-Islaxd STEA.\r 'N'av. Co., Ltd.. 
 
 By J. E. SlIEKDY, 
 
 General Superinlcndcnt. 
 
 Miss C. Camara, 
 
 Mr. and Mrs. J. P. Hale, 
 
 J. Baker, 
 
 M. Kimura, 
 
 Mr. and Mrs. Kawahara. 
 (31) 
 
 Honolulu to Hilo. 
 
 32 Japs, 
 
 7 Hawaiians, 
 
 3 Portuguese, 
 
 2 Whites, 
 
 7 
 
Ke<iueBt for Copy PuBLIC UTILITIES COMMISSION OF HaWAII. 
 
 of Proceeain^s of Houoliilu, T. H, May 8, 1915. 
 
 Coroner's InquesT. 
 
 Mr. Clement CroAvell, 
 
 Sheriff, County of Maui, 
 Wailuku, Maui. 
 
 ^'^'''Tte Public Utilities Commission desires to receive a copy of tlie proceed- 
 ings S^^irSL^i^s inquest re deaths of Chow Sai (-^f . 
 ^-Jfr^, J=:S^tarP^^.e:i •;:na^^^ attentii at 
 the earliest possible moment. 
 
 Very truly yours-, 
 Public Utilities Commission of Hawaii, 
 By its Secretary, 
 
 H. P. O'Sullivan. 
 
 Office of the County Sheriff 
 
 County of Maui, Territory of Hawaii. 
 
 Wailuku, Maui, T. H., May 12th, 1915. 
 
 H. P. O'Sullivan, Esq., _ 
 
 Secretary, Public Utilities Commission, 
 " Honolulu, Oahu. 
 
 scattered in three different districts. ctenooTapher in this in- 
 
 Mr Wm S. Chillingworth, who was employed a. steno^iapnei 
 nuest has a complete notl. of all that transpired during the inquest. • 
 
 Yours very truly, 
 
 Clement Ckowell, 
 Sheriff of the County of Maui. 
 
 Public Utilities Commission of Hawaii. 
 
 Honolulu, T. H., May 13, 1915. 
 
 Ml. Clement Crowell, 
 
 Sheriff, County of Maui, 
 Wailuku, Maui. 
 
 ■ f tl,o r-Hh instant received. I note that a copy of 
 
 Your communication of the litli instam icte Tz,,„,„^e and Chon 
 
 X tin dting the inq„est was revived by th,s a„o,,,.„g . .na.l. 
 
 Very truly yours, 
 Public Utilities Commission of Hawaii, 
 By its Secretary, 
 
 H. P. O'Sullivan. 
 
 8 
 
Public Utilities Commission of Hawaii. 
 
 HonoMu, T. H., June 4, 1915. 
 
 Mr. Clement Crowell, 
 
 Sheriif, County of Maui, 
 Wailuku, Maui. 
 
 Dear Sir : 
 
 May I again ask that you furnish the Commission with a copy of the pro- 
 ceedings of the Coroner's inquest re deaths of Ushi Kuwaye and Chon Soy, at 
 Lahaina, Maui, on May 1, 1915. On May 12, you wrote stating that you 
 would send the data requested by the next mail. You must have evidently over- 
 looked the matter. It is very important that the Commission obtain this data 
 and I would therefore request that you give the matter your immediate attention. 
 
 Very truly yours, 
 Public Utilities Commission of Hawaii, 
 By its "Secretary, 
 
 H. P. O'SULLIVAN. 
 
 Office of the County Sheriff 
 County of Maui, Territory of Hawaii. 
 
 AVailuku, Maui, T. H., June 5th, 1915. 
 
 H. P. O'Sullivan, Esq., 
 
 Secretary, Public Utilities Commission of Hawaii, 
 Honolulu. 
 
 Dear Sir : 
 
 Through an oversight the minutes of the proceedings in re Coroner's in- 
 quest of Ushi Kuwaye and Chow Soy have not been sent to you as per my last 
 letter. 
 
 Enclosed find copy of the same duly certified. 
 
 Very truly yours, 
 
 Clement Crowell, 
 Sheriff of thS County of Maui. 
 
 Public Utilities Commission of Hawaii. 
 
 Honolulu, T. H., June 7, 1915. 
 
 Mr. Clement Crowell, 
 
 Sheriff, County of Maui, 
 Wailuku, Maui. 
 Dear Sir : 
 
 Your communication of the 5th instant, inclosing certified copy of Coro- 
 ner's inquest of Ushi Kuwaye and Chun Soy, received. 
 
 Very truly yours, 
 Public Utilities Commission of Hawaii, 
 By its Secretary, 
 
 H. P. O'Sullivan. 
 
 9 
 
ProceecHngrs of 
 Coroner's Inquest 
 Held at Lahaina, 
 Maui, May 6, 1915. 
 
 MINUTES or INQUISITION TAKEN AT THE LAHAINA COTOT 
 TTOTTSE ON THE 6TH DAT OF MAY, A. D. 191o, TO bHOW 
 CAUslwHY AND BY WHAT MEANS TWO PEOPLE, NAMELY 
 "CHOW SOY" AND "MRS. USHI KmVAYE" CAME TO THEIR 
 DEATH ON THE 1ST DAY OF MAY, A. D. 1815. 
 
 HTKU lONA, Sworn: — , , at ■ 
 
 M. name i. Hiku lona. I am ,™rki.g fov ^^^^^^^^^^-^^^ ^^T. ^ 
 nation Co Ltd. I was working for tkem on the 1st day of May, 1815. ine 
 
 ^y:^^7^ ^^^^ 
 ==c£r^^^^:er-r^ 
 
 freight besides the passengers commg ashore. Ihe sea was ^ou 
 couldn't see ahead of ns that particular night as it ^^^^ ^J^-^J^ll\:^Z 
 was a Japanese woman on the boat, too._ I also saw an old C^-^-^^^^^^^ 
 boat. When we came to the harbor, a big sea struck us and . ^ 
 
 It the steerer of the boat. The other four men were ^^^^^^^^^^^ 
 same time When my oar broke, the boat capsized, and we all fell ^^^o the^sea_ 
 When the boat capsiz'ed, we helped the passengers onto the kee of ^he boat. I 
 first ffot hold of a Hawaiian man from underneath the boat, tie is a di^ 
 ?:now ( J hn Saffery brought in for identification.) This is he man ^ha I 
 helped from underneath the boat. I helped him .vith the ^^^^J /; /^/^^ 
 
 (Mrs. John Saffery is brought in for identification ) Jhat is the old lady, ihe 
 
 I did not see tlie Japanese woman after tlie boat capsi.ed. I ""^^ ''^'^ 
 irew of my boat was there when the other boat came to onr rescue J^e" »m 
 Z to the wharf from the steamer that night, no one old ns not to - 
 tion we were goin,. I ^k on the^'M^na Loa'''. 
 
 Th* mrtr^i:rg":Uh^nf araiways ?he samj ones that wo*d with m. 
 Their names are :-ITmauma ; Moke; Lipano and Moipono. \^^^ ^^^^^^^^^^^ 
 the boat ^Tone of our men had been drinking when coming ashore that night 
 
 V e firs™ cr;S th'eboat and the second one hit ^^^^ ^^J^^, 
 find my broken oar again. I did not find any f - "^^^^^ /t^,^^^^^^^ 
 
 } '''^f!', tortealef ^ wejfabC t Ttlfy mLes before 
 
 brought It back to the steamei \\ e assistance, 
 
 f:o:rnot\tiTj::~;i«?^^ 
 
 10 
 
was not deep, and no danger of drowning. We took our boat back to the 
 - "Kilauea" with the other oars that were brought to us. When my oar broke, 
 I fell right into the boat. I could see the light when I was coming in from the 
 steamer. That is the same place I always come in. After the boat capsized, I 
 did not see anyone swimming ashore. The searchlight of the steamer was 
 thrown onto our boat. I am an experienced man with this harbor. I took the 
 upper course when coming into the harbor. Where the surf breaks, it is about 
 twenty-five feet upper. No one told me that I was too close to the reef and in 
 a wrong course. I did not make any such response "that it was my own busi- 
 ness". . We were capsized when I heard the cry of help from the passengers. 
 I know for myself that I was there, but to the crew, I could not say as it was 
 too dark. When the boat capsized, it drifted into the harbor. It was shallow 
 Avhere we capsized, and I was able to put the passengers on to the keel of the 
 boat. At the time I had some of the passengers onto the keel of the boat, she 
 was pounding on the reef. John Saffery did not tell me to pull the boat in. 
 I saw a Japanese coming alongside of my boat with a small scip. I do not re- 
 member if it was a Japanese or a Hawaiian. I do not know Mr. Saffery. AVhen 
 the boat capsized, I dived under the boat and got a small child as it was shallow. 
 When T dived imder the boat, I got hold of the woman in one arm and the child 
 in another arm and afterwards put them both on to the keel of the boat. I do 
 not know who brought the Japanese woman to shore ; all I know is that I put 
 them on to the keel of the boat. When the boat was in an overturned position, 
 the swells were still coming in. The surf struck the boat on the stern. I know 
 the surf struck the boat on the stern because after that my oar snapped. AVhen 
 the surf struck my boat, the boat was surfing with the surf. When the boat 
 was surfing, I was holding my boat still with the oar. The surf snapped my 
 oar because I was holding my oar steady with the surf. The red light was out 
 at the harbor. 
 
 (Signed) Hiku Iowa. 
 
 DE. F. BURT, Sworn:— 
 
 My name is Dr. F. Burt. I am a physician and surgeon, and am such for 
 the District of Lahaina, County of Maui. I had an occasion to view the bodies 
 of a female Okinawa and a Chinese man on the 1st day of May, 1915, during 
 the evening. The man was dead when I saw him; he was brought out of the 
 water. I saw the man at Masuda's corner, and I tried to tressle and get the 
 water out of him, but I couldn't. I think this was about 9 :30 P. M. on Satiu-- 
 day evening. The man must have died easily. I extracted a little water from 
 him. The cause of death was due to drowning. There was no mark on his 
 face or head to show that there was any foul play at all. With regard to Mrs. 
 Ushi Kuwaye, I found her dead about 11.30 also last Saturday night. I saw her 
 on the lanai in front of Seong's saloon just this side of the butcher shop. She 
 also died of drowning. She did not die easily, as her face was somewhat dis- 
 torted and showed signs of struggling. 
 
 (Signed) Dr. F. Bukt. 
 
 UMAUMA, Sworn: — 
 
 My name is Umauma. I reside at Honolulu. My occupation is working 
 on board a steamer. I am working for the Inter-Island Steam JSTavigation Co. 
 I have been working with the company for about five years. I always work 
 continuously. Last Saturday we were working on one of the steamers of the 
 Inter-Island, and it was the "Kilauea". We left Honolulu at about four o'clock 
 Saturday afternoon, and sailed for Lahaina, etc. We arrived here about nine 
 o'clock that night. I was one of the crew that sailed for the wharf at Lahaina 
 
 11 
 
ji ^-p nnfl tlie boat steerer. 
 „ ni.l,t I wa. on Hiku's boat. Tbevo wa^f«.- - * ,,,, „a 
 
 Hawaiians and a large ndiJ. v rowing and 1 didn t see duj 
 
 J Tai^flTiese and Chinese. We weie lu _ & the boat capsized i 
 
 ,V«!-e .owing a little ^'"^^fJJtlZg it at that angle. When the boa 
 
 that angle, a. it waB ^^^^^'^^XZl i^^ere and giving — "-^.^^^oS 
 unsized, the crew was always aioiu capsized, we did not nua 
 
 cXLk the boat back to the steamer. After t^ ^^^^F^^^ ,^ toat 
 
 of the oars ~ J'^hat" 1 ' s o^r was broken. ^^^^ 
 capsized. H'kn aid not see anyone drowned. J"J t,etMe 
 
 the steamer m the harbor i a i,„css ahead of us. ^ o one to 
 
 dent no one made a remark as to ne r » ^.^^ ^own. inimfr^ 
 
 other boat came. It is not vei^ F .^^^^^ capsized, i was stncK 
 
 n?^Ha?BS:^tt:iii1f?a& 
 
 SS^J^s^'rrehedaiW^^^^^^^^^^^ 
 
 hpadin" for was on the bnoy. The steamer ^^^^^ ^^^^^g f „, the 
 
 ts accident happened, ' """Vhi J^oat steerer fell down, the boa 
 
 I cotild not see just who he was. (Signed) Umauma. 
 
 MOSES SMITH, S'worn:— H„„oltiln I am working for the 
 
 My name is Moses Smith. I l^/^^JXr orking there for the last 
 I„tei" land Steam N-igf'-- ^o and have b ^ „ ^he 
 
 £ JSit ^t ^^^Bi^^ - - "^rz 
 
 Tt .vas the second boat that le±t the steamer Hawaiians and some 
 
 and It ^^as tlie s ^^^^^^ Japanese, <-hmese 
 
 S'S" wilt came in that night, a large wave biohe 
 
 12 , 
 
Hiku was the boat steerer. The wave came pretty close to the boat before we 
 noticed it. It was a very big wave. The wave turned the boat over. I saw 
 Hiku working with his oar. I do not know what happened with Hiku, I saw 
 him on the boat standing up. I did not see Hiku fall down. We did not find 
 any oar after the boat capsized. Hiku did not tell me anything about the oar. 
 When the surf caught the boat, it turned us right over. After the boat capsized, 
 I was underneath the boat. I got away from under the boat and helped the pas- 
 sengers on to the keel of the boat until the other boat arrived, and I helped them 
 on to the other boat. I did not hear any of the passengers tell us not to go the 
 direction we were going. Where we capsized, it was not very deep. I notice 
 that there was one Japanese woman and a Chinese man on the boat. I, together 
 with the boat steerer, put a big girl on to the keel of the boat. I did not see 
 any of the boat boys around the boat after we capsized ; it was only myself and 
 the boat-steerer. 
 
 (Signed) Moses Smith. 
 
 AHIA MOEPONA, Sworn:— 
 
 My name is Ahia Moepona. I live at Honolulu. I work for the Inter- 
 Island Steam ISTavigation Co. I have been working with them for about IV2 
 months. I am on the Hilo rim. I was working on one of the steamers last 
 Saturday. I was transferred from the "Mauna Loa" to the "Kilauea". I came 
 in to Lahaina last Saturday night. When we came in the boat capsized from a 
 large wave. The wave caught our boat sideways. One wave struck our boat 
 and it was a big one. I did not hear anyone tell Hiku not to go that direction. 
 I saw a big half-white man on the boat. When coming into the harbor other 
 times, we take a different course. When we came in last Saturday night, we 
 were little too far down. The boat-steerer is the only one that can steer the 
 boat. The course we came in last Saturday night is a different course we gen- 
 erally take. I did not tell Hiku that he was on the wrong course. I did not try 
 to save any of the passengers as my leg was hurt and I had to swim ashore. 
 
 (Signed) Ahia Moepona. 
 
 LEPANU, Sivorn:— 
 
 My name is Lepanu. I live at Honolulu. I work for the Inter-Island 
 Steam jSTavigation Co. I have been working there for about five or six months 
 now. I have been to Lahaina many times. Last Saturday night, we were on a 
 boat that had about ten passengers coming to the wharf from the steamer 
 "Kilauea". When we came in that night, my face was turning to the steamer 
 and we couldn't see any wave come. A big wave struck us and the boat cap- 
 sized, and I was under the boat. I did not hear any snap before the boat cap- 
 sized. I did not hear Hiku or anyone else say anything. Other times when 
 coming in, we generally take a different course. The other course is generally 
 taken further down. I did not see Hiku fall into the boat. I got hold of a 
 J apanese from under the l)oat. I do not know if there was a Japanese woman 
 on the boat that night. I think there was a Hawaiian woman on the boat that 
 night. I did not hear any Hawaiian girl tell Hiku say not to take that course 
 When we left the steamer, I did not see the "Komokila" that night. 
 
 (Signed) Lipano. 
 
 JOHN 8AFFERY, Sworn:— 
 
 My name is John Saffery. I live at Olowalu, Maui. I was in Honolulu 
 and came back last Saturday on the steamer "Kilauea". T arrived at Lahaina 
 about nine o'clock that night. Myself, my wife, my two children, two Chinese, 
 two Okinawas, one Japanese and one Hawaiian girl came on the boat with me, 
 
 13 
 
and it was the second boat coming to the wharf. A big stout Hawaiian man 
 was steering the boat. Four members outside of the steerer constituted the 
 crew of these four men, three were rowing and one was not. When we lett 
 the steamer which laid off anchor in the harbor, we came in m an upper direc- 
 tion. When coming along, I saw a big surf ahead of us and I cautioned the steerer 
 that we were too far down and to keep a little closer. The boat did not suijt 
 along with the surf at all. We were caught by the surf and the boat capsized 
 When the boat capsized, we were around there a little while m the water, and 
 I was the first one to get out from under the boat, and I pulled a Chinese out 
 as I thought it was my wife. I got on to the keel of the boat, and the on y one 
 I saw there was the boat-steerer. When the boat-steerer saw me, he to d me 
 to try and pull the boat out. I told him no use to pull it out as it was deeper 
 there but to pull it in. After a little while, Katie Keao, a girl, came from under 
 the boat. She came out from the boat herself, as I was holding onto my child 
 and we were there for some time. During the time we were on the keel of the 
 boat, a small scip arrived and my little girl together with myself got on and 
 cam; to the wharf. I then got off from the keel of the boat and got under the 
 boat again. A¥hen on the keel of the boat I heard cries from my little child 
 crying papa, papa, and that's why I went under the boat again After a while 
 there was a lot of people aroimd. It was a long time after the first boat left 
 the steamer when it came to our rescue. I did not see any of that crew 3iimp 
 of? and tried to rescue any of the passengers, but simply yelling to turn the boat 
 over During that time, Ninau, a Hawaiian got under the boat from the back 
 end and rescued my wife. When my wife came to the surface, she was pretty 
 well exhausted. After that we got on to the boat that was there, and came to the 
 wharf After we left the steamer, I saw one swell and we passed it, and a second 
 one came and turned us a little, and immediately afterwards a surf came and 
 turned the boat over. The boat was straight ahead when the surf struck the 
 boat. I told the boat-steerer that we were too far down, but he did not make 
 any response. After the boat capsized, and after I seized the_ Chinaman, he 
 was not dead. I told the Chinaman to go in a straight direction but he was 
 exhaused. T did not see any Okinawa lady at that time, but I saw her on the 
 boat with my wife and Miss Keao. I w^as the only one that told the boat-steerer 
 that we were too far down. Eight after I told him the danger position we 
 were in, the second swell caught us. I did not hear any snapping of the oar. 
 T was rio-ht ahead of the boat steerer and did not notice at any time that the 
 boat-steei-er fall just before the accident. There were several others sitting 
 rio'ht ahead of the boat-steerer. I do not know where the boat-boys were imme- 
 diately after the accident; I, together with the boat-steerer were the only ones 
 there ' I do not know if Akana took the direction I told him or not. ihe J ap- 
 anese man came out himself from under the boat. The Japanese woman and 
 the Chinese man came out themselves, and no one helped them, I cou dn t rescue 
 them as I was helping my little child. I am in the habit of traveling m this 
 harbor The course that was taken last Saturday night is not the course that is 
 generally taken, only when going out fishing or in calm weather. I did not see 
 any broken oar around the overturned boat at all. 
 
 (Sig-ned) John Saffeey. 
 
 MISS KATIE KEAO, Sworn:— 
 
 My name is Miss Katie Keao. I live at Olowalu. I am 19 years old. 
 Last Saturday I was on the steamer coming from Honolulu. I came up on the 
 "Kilauea". My uncle, John Saffery, my auntie, two of us, some Japanese and 
 Chinese were on the boat when we left the steamer for the wharf that night. 
 
 14 
 
We came in on the second boat. A fat Hawaiian man was steering the boat. 
 After we got off the steamer and came to the wharf, the boat capsized on the 
 way.^ When the boat capsized, we were imderneath the boat. The boat was 
 capsized by the wave. There were two waves, the first one was not big and the 
 second wave capsized the boat. The boat was going towards Olowahi when the 
 wave struck the boat. After the wave struck the boat, the boat capsized and we 
 were all under the boat. When I came out from under the boat, I saw my uncle 
 on the keel of the boat with one of the sailors. I know this Chinaman' by the 
 name of Akana. Eiigene Duvauchelle brought us to the wharf on his small 
 boat together with a little boy. After we left the steamer, we did not see any 
 wave ahead of us. My imcle told them to take a different direction, but they 
 said never mind and go right ahead. When I got out from under the boat, I 
 did not see the Chinaman. I told the sailors that they were damned fools after 
 I came out from under the boat. I could not see who it was as it was dark and 
 ^ I couldn't see well. One of the sailors put me on to the keel of the boat. 
 
 (Signed) Miss Katie Keao. 
 RYOYO KUWAYE, Sivom:— IT. K. Otsuke, Japanese Interpreter. 
 
 My name is Ryoyo Kuwaye. I live in Hawaii. I was in Honolulu in the 
 morning on Saturday of May 1st. We left Honolulu about 3 o'clock in the 
 afternoon and came to Lahaina. My wife came with me. My wife is dead 
 and buried at Paia. My marriage was performed at Honolulu on April 28th, 
 1915. The boat capsized and she was drowned. I was on the same boat with 
 her. The accident occurred right in front of the Lahaina wharf. I do not 
 know why the boat capsized because my wife and myself sat down on the l)ot- 
 tom of the boat and couldn't see on the outside of the" boat. My wife is twenty- 
 four years old. My wife's name is Ushi, and she was born in Okinawa Per- 
 fectory, Japan. Eev. Okomura's house in Honolulu where we were married. 
 
 (Signed) Ryoyo Kuwaye in Japanese characters. 
 
 0. AHU, Sworn:— 
 
 My name is C. Ahu. T live at Lahaina. I lived at Lahaina for the last 
 five years, and I stayed at Kaanapali for fifteen years. I know a Chinaman 
 by the name of Akana. His right name is Chow See. He died from the over- 
 turning of a boat. I saw his dead body. Saturday evening about ten minutes 
 to nine, I was home and heard yelling down at the waterfront. I came out and 
 saw lot of people gathering at the waterfront and I came down. About ten 
 o'clock I came down and saw the dead body of Chow See. I know that photo- 
 graph and it is of Chow See. I have known him for about twentv-two years. 
 Lie is about sixty-five years old. He is a native of China. He just arrived 
 from Honolulu to pay me a visit. He comes here frequently and sometimes 
 goes to Wailuku. He stays in Honolulu most of the time. I know that he had 
 a big stout Avoman living with him before. I know that he has a married wife, 
 because he told me so. Llis wife's name is Julia and she is a Hawaiian woman.' 
 
 (Signed) 0. An T 
 
 OIT. 
 
 I hereby certify tliat this is a true and correct copy of the original on file 
 m my office in the County of Maui. 
 
 In witness thereof, I hereby set rny hand and tlie seal of mv office this 
 17th day of May, 1915. ' ' ' 
 
 [seal] Clement Crowrll, 
 
 Sheriff of the Couiitv of Mani. 
 
 16 
 
Terkitoky of Hawaii— County of Maui. 
 
 cokoner's inquest verdict. 
 
 An Huisition taken at Lahaina, County of Ma.i on the 6ti day oOIay 
 
 in the year 1916, before Clement ' dead by th oaths of the 
 
 upon the body of Mrs. Tjsh, ^uwaye e e lymg d^^^^^^^^^^ 
 
 their oaths do say: ..y, . T^^^^yaye; was a native of 
 
 That we find the deceased was named Mis. Uslii ^^^^^^^Y*^' . ^ 
 
 ,Taparal.d agedah„nt24ye.rs tl^^^^^ 
 
 jrie's^S -naW-SCl-rs! rot, Ltd.. at Lahaina, Mani, through 
 °^'V:™s";t:;o.:t"s:W Coroner, and the Jurors of this in.ttest, 
 have hereunto set their hands the day and year aforesaid. 
 
 rSo-d ) Clement Ckowell, 
 
 Coroner. 
 
 " O. -T. Whitehead, 
 " Phillip Espinda, 
 " D. B. Espinda, 
 
 " P. ]sr. Kaiwi, 
 
 • " W. Iv. Keliiheleua, 
 
 " ROBT. B. BODNAK, 
 
 Jurors. 
 
 Tekuitory of Hawaii— County of Maui, 
 coroner's inquest verdict. 
 
 An inquisition taken at Lahaina, Count, of M^. - ^ 
 in the year 1915, before Clement ,f /^^^ f^of t^^^^^ who^e 
 
 npon the body of Chow Soy there lymg dead by ^ ^^^^^^ ^ ^y 
 
 •names are hereunto subscribed, who bemg ZZl Ll ZVo.th do say. 
 what means the said Chow Soy came to ^^^^^ f^^tive of China; 
 
 That we find the deceased was named Cjiow ^^J^^H ^^ ^ 1915, 
 
 and aged about 05 y^^^^^^::":^ t^C^^^ -re J 
 
 ^°S ^^^^1^. N^CaTLahaina, Maui, through the carelessness 
 
 Tn'™:L: wi™., the said Coroner, and the Jurors of this inquest, 
 have hereunto set their hands the day and year aforesaid. 
 
 (Sgd.) Clement Crowell, 
 
 Coroner. 
 
 " 0. J. Whitehead, 
 
 « RoBT. B. BODNAR, 
 
 " Phillip Espinda, 
 ■ " D. B. Espinda. 
 " W. K. Keliiheleua, 
 " P. N. Kaiwi, 
 
 Jurors. 
 
 16 
 
11^ THE DISTRICT OF LAHAIKA, COUNTY OF MAUI, TEREITORY transcript of Tes- 
 
 timony Griven »t 
 
 OF HAWAII. Coroner's Inquest 
 
 at liahalua, Maui. 
 
 In the matter of the death of ) 
 
 ) Coroner's Inquest. 
 Usui Kuwaye and Chow Soy. ) 
 
 Inquest conducted by Sheriff Clement Crowell. Present at the Inquest: 
 Messrs. Geo. Dunn, E. W. Sutton, Eugene Murphy, H. C. Mossman, Deputy 
 Sheriff C. R. Lindsay (Bailiff), John E. Garcia (Sheriff's Clerk), and Wm. S. 
 Chillingworth (engaged by E. W. Sutton to make stenographic report.) 
 
 DISTRICT OF LAHAII^^A, COUTvTTY OF MAUI, TERRITORY OF 
 
 HAWAII. 
 
 In the matter of the death of ) 
 
 ) Coroner's Inquest. 
 Usui Kuwaye and Choav Soy. ) 
 
 Lahaina, Maui, May 6, 1915, 10 o'clock A. M. 
 
 (Sheriff Clement Crowell calls roll of jury, all jurors being present, viz., 
 O. J. Whitehead, D. B. Espinda, Robert Bodinar, "Wni. Keliiheleua, Philip 
 Espinda, and P. IsT. Kaiwi.) 
 
 Coroner Croivell: Call Hiku. 
 
 Examination of Hiktt Iona (Swoen). 
 Coroner: What is your name ? 
 A. Hiku Iona. 
 Q. Where are you working ? 
 
 A. I am working for the Inter-Island Steam Navigation Comi>any on 
 the steamer "Kilauea". 
 
 Q. Were you working for them on the first day of May this j^ear ? 
 
 A. Yes. 
 
 Q. Where were you on that day ? Were you working on that steamer ? 
 
 A. Yes. 
 
 Q. Where did that boat sail from ? 
 
 A. From Honolulu. 
 
 Q. Did the steamer make any landim-s on that trio ^ 
 
 A. Yes. , ^ 
 
 Q. Where did she touch, — any landing up here ? 
 
 A. Up here. 
 
 Q. Did she land at Lahaina 'I 
 
 A. Yes. 
 
 Q. What time did you land at Lahaina ? 
 
 A. Between nine and luilf past nine. 
 
 Q. Did you have a boat coming to the wharf that evening ^ 
 
 A. I am the one on tlie second boat. 
 
 Q. Who was in charge of that boat ? 
 
 A. L 
 
 Q. You were in cliarge of that hoat 'i 
 
 A. Yes. 
 
 17 
 
Q. How many men were in that boat— that is, in the crew ? 
 
 A. Four in the crew. 
 
 Q. And yourself? 
 
 A. And I make five. 
 
 Q. Did yon bring any passengers ashore? 
 
 A. Yes. 
 
 q'. You were in the second boat that came to the wharf ? 
 
 A Yes. 
 
 " q'. You know how many passengers you had in that boat % 
 
 A. I think somewhere around eight or ten. 
 
 Q. Do you know what nationality they were ? 
 
 A. Yes. 
 
 Q. What kind ? 
 
 A. Japanese. 
 
 Q. How many Japanese, — you know ? 
 
 A. m. 
 
 Q. Some Japanese ? 
 
 A. Some Japanese. 
 
 Q. What else ? 
 A. Pake. (Chinese.) 
 
 Q. What else ? 
 A. Hawaiians. 
 Q. And children ? 
 A Yes 
 
 q'. Besides the passengers, you had some freight, didn't you? Some 
 packages ? 
 
 A Yes. Package and one trunk. _ 
 
 Q. On your way in from the steamer, was the surf running high,— 
 
 rough? 
 
 A. Yes ; and could not see, — too dark. 
 
 Q. AVas there a Japanese woman on that boat, too? 
 
 A. I think so. i ^ i ^ o 
 
 Q. Did you notice if there was an old Chinese man on that boat < 
 
 a" Eh?" 
 
 Q. Did you notice one old Chinaman on that boat « 
 
 A. I see him. 
 
 Q. On your way in, what happened to the boat, when you were coming 
 
 to the wharf ? i i • j ^ . 
 
 A. When we coming to the harbor, we did not see any wave behind of us, 
 
 and a big sea hit us and the steer broke. 
 
 Q. " The steering-oar ? 
 
 A. Yes. 
 
 Q. Talk a little louder. Repeat what you said. 
 
 A. When we came to the harbor, big sea struck us and the oar broke,— 
 the steer-oar. 
 
 Q. You were the steerer ? 
 
 A. Yes. ^ , ^ . 
 
 Q. Were the other four men rowing then ? All the four men were work- 
 ing on the oars ? 
 A. Yes. 
 
 Q. What happened then, after the oar broke ' 
 A. When the oar broke, began to capsize. 
 
 18 
 
Q. And what happened ? 
 A. We all go in the sea. 
 
 Q. All fell 
 
 A. (Int.) In the sea. 
 
 Q. Then what did you do ? What did you and crew do ? 
 
 A. We help the passengers. 
 
 Q. You and these other four men ? 
 
 A. Yes. 
 
 Q. You and the four men of the crew. Did you get hold of anybody ? 
 
 A. Yes ; I hold them. 
 
 Q. Which one ? 
 
 A. First, the Hawaiian man. 
 
 Q. Did you know him ? 
 
 A. Yes, I know him on hoard ship. 
 
 Q. Have you seen him today ? 
 
 A. No. 
 
 Q. You don't know what his name is ? 
 
 A. IS^o. 
 
 Q. Big fellow ? 
 
 A. Yes. Big man. 
 
 (John Saffery brought to the door.) 
 
 Q. Is that the man ? 
 
 A. Yes. 
 
 (John Saffery leaves room.) 
 
 Q. You helped him, you say ? 
 
 A. Yes. I helped him and small baby. 
 
 Q. Anyone else you helped ? 
 
 A. Yes. Japanese man. 
 
 Q. Have you seen him today ? - 
 
 A. No. 
 
 Q. Slim fellow? "Wiwi"? 
 
 A. Yes. 
 
 Q. Do you think if you saw him you would know him ? 
 
 A. Yes. 
 
 (Royoyo Kuwaye brought to door.) 
 
 A. That is the man. 
 
 Q. Anyone else ? 
 
 A. Yes. Big girl 'round fourteen or fifteen years. 
 
 Q. Native girl ? 
 
 A. Yes, 
 
 Q. Have you seen her this morning ? 
 
 A. No. 
 
 (Katie Keao brought to door.) 
 
 Q. Is this the girl ? 
 
 A. Yes. 
 
 (Katie Keao leaves room.) 
 
 Q. Anyone else ? 
 
 A. Old lady and a small boy or girl. 
 
 Q. Hawaiian ? 
 
 A. Yes. 
 
 (Mrs. Saffery and child brought to door.) 
 
 Q. Is that the lady ? 
 
 ID 
 
A. Yes. 
 
 (Lady and child leave the room.) 
 
 Q. Anyone else? 
 
 A. That is all. 
 
 Q. Did the other members of the crew get anybody ■ 
 
 A. I did not see them. 
 
 Q. Were they aroimd there ? 
 
 A. I swim outside the boat. I conld not see. 
 
 Q. The boat was keel up ? 
 
 A. Yes ; keel np. I put all these people on top the keel. 
 
 Q. All these people ? 
 
 \ Yes The last one, the woman and small girl or boy was underneath 
 the boat, and I go and dive underneath the boat and pull outside and put on 
 
 top the boat. ^ ^ r, ^ ^^ 
 
 Q. How long were you around there with that boat \ You and the crew. 
 
 Did the rest of the crew stay with you all the time % 
 
 A. The crew? 
 
 Q. The rest of the crew. 
 
 A. I don't know. 
 
 Q. How long did you stay around there 1 
 
 A. Stay until the boat come over here. Somewhere 'round one hour or 
 
 one bour and a half. 
 
 Q. Any other boat went out to where you were f 
 
 A. Yes. 
 
 Q. What boat was that % 
 
 A. The first boat that came in. 
 
 Q. Did you see anybody dead around there ? 
 
 A. 1^0. 1-0 \ M 
 
 Q. You never came across one old Chinaman with white hair ^ An old 
 Chinaman, passenger on that boat ? 
 A. After. 
 Q. Afterwards ? 
 
 ■ A. No. 
 
 Q. Did you see that Japanese woman ? 
 
 A. Afterwards. 
 
 Q. After the boat capsized ? 
 
 A. No. . . ^ 0 ■ ■ 
 
 Q. Was the crew of your boat there when the first boat got there ? 
 
 A. All the crew there. 
 
 Q. Was the crew of your boat there when the first boat got there? 
 
 A. I did not see. 
 
 Q. When you left the steamer with your passengers, coming for the wharf, 
 didn't anyone in the boat tell you not to go that place? 
 
 A. No. 
 
 Q. Nobody told you ? 
 
 A. No. 
 
 Q. None of the passengers told you ? 
 
 ■ A. No. None of the passengers. 
 
 Q. How long have you worked for the Inter-Island Steamship Company ? 
 
 A. Over three years. 
 
 Q. How long you been working on the "Kilauea" ? 
 
 A. This trip comiug up. 
 
 20 
 
Q. Just this trip ? 
 A, Yes. 
 
 Q. What boat jou always work on ? 
 A. "Mauna Loa." 
 
 Q. These men that were with you as your crew, have they always been 
 working with you ? 
 A. Yes. 
 Q. All of them ? 
 A. Yes. 
 
 Q. All the time ? 
 
 A. Yes. This trip and "Maima Loa". 
 
 Q. What are the names of those men that were with you that night ? 
 
 A. IJmauma, Moke, Lipano and Moepono. 
 
 Q. You had charge of this boat ? 
 
 A. Yes. 
 
 Q. Were any of these men — had any of these men been drinking that 
 night before you boys came ashore with the boat ? 
 
 A. lio. 
 
 Q. JSTone of them? They were all sober? 
 
 A. Yes. 
 
 Q. You been working for the Inter-Island company for three years, you 
 said ? 
 
 A. Three years. And Wilder's Steamship Company eight years. 
 
 Q. Did you and the crew try to turn the boat over again ? 
 
 A. Yes. 
 
 Q. After it capsized? The time that it capsized and right after that, 
 did you try to turn the boat over ? 
 
 A. No. After it capsized, I could not see my crew. 
 
 Q. What is that? 
 
 A, After it capsized, my crew came 'round there and help to turn it over. 
 
 Q. You don't know if any other members of the crew got hold of anvbodv 
 
 A. No. ^ J • 
 
 Q. You don't know. AVhat time did you get back to the steamer that 
 night ? 
 
 A. I don't know. 
 
 Q. About how long after ? 
 
 A. 'Round hour and a half or two hours. 
 
 Q. Hour and half or two hours. When you came in, the first surf struck 
 your boat ? 
 
 A. Yes. 
 
 Q. And then another struck your boat? 
 
 A. Yes. 
 
 Q. There were two surfs that struck vour boat? 
 
 A. Yes. 
 
 (}. And the second one is tlio one that cajisized your boat ''^ 
 
 A. Yes. 
 
 Q. The second one ? 
 
 A. No, the first one capsized the boat iiiid the second one hit the boat. 
 
 Q. The second one hit the boat again ? 
 
 A. Yes. 
 
 Q. Did you find tliat bi'oken oar? 
 
 A. My oar ? 
 
 21 
 
Q. Yes. 
 
 A. When tlie time turn over, my oar lost. 
 
 Q. It was bi-oken, you say ? 
 
 A. Yes. 
 
 Q. Did you find it ? 
 
 A. No. 
 
 Q. Did you iind the otlier oars? 
 
 A. No. 
 
 Q. And so you didn't find the five oars ^ 
 
 A. Yes. 
 
 Q. Did you find them or not ? 
 
 A. No. Didn't find. 
 
 Q. You sure about that ? 
 
 A Yes. 
 
 o' This boat of yours was towed back to the steamer ? 
 
 A. No. Took 'long-side the wharf and I bail the water out and bye-and- 
 
 bve take back to the steamer. . ^ n ^ j ^. 
 
 Q. How long were yon men around this boat before that first boat got 
 
 A. 'Bound about ten or twelve minutes. 
 
 Q At the time this boat got there, yonr crew ^Vas still around there ^ 
 (Pause.) Do you know if yonr crew was still around your boat ( 
 A. Never see. 
 
 Coroner: Any questions, gentlemen? _ jit 
 
 Juror Whitehead: I would like to ask one or two questions and when i 
 ..et out of my latitude you can call me off. I would like to know how deep that 
 water was 4ere the boat capsized. Was it shallow enough for a person to 
 stand, or was it too deep ? 
 
 A. Where we capsized? 
 
 A. Where we capsized, deep ; and further in, up to here (indicating with 
 his fore-arm a little below the shoulders). , ^ i 
 
 0 Then, a man, like a Hawaiian sailor, would not be apt to drown, 
 arouiid' where that boat capsized? A man who could swim would not be m 
 danger of drowning? 
 
 A. If a man don't know how _ u i • 
 
 Q. (Int.) Do yon think if a man knew how to swim, he wouid be m 
 danger of drowning there? 
 
 O Now did you take the boat back to the ''Kilauea" ? You say you 
 lost all of your oars; how did you take the boat back to the "Kilanea i You 
 took it back to the "Kilanea" ? 
 
 A. Yes. 
 
 Q. How did you take it back ? 
 
 A. Boatswain bring the oars. , , <• o 
 
 Q. Have you ever brought boats into this harbor before i . 
 \ Yes 
 
 ^Coro7ier: When your boat was taken back to the steamer, did you take it 
 
 out there? 
 
 A. Boatswain gave me the oars. 
 Q. Who is the boatswain? 
 A. I don't know his name. 
 
 22 
 
Q. He brought tlie oars out to take the boat back? 
 A. Yes. 
 
 Juror Whitehead: When you say your oar broke, what happened ? Did 
 you fall out of the boat that time, when your oar broke ? You were the steerer. 
 As quick as that thing happened, what happened to you ? Did you fall over- 
 board ? 
 
 A. I fall this side. 
 
 Q. In the boat ? 
 
 A. Yes. 
 
 ■Juror Bodinar: You seen the lights? 
 A. I seen the lights. 
 • Q. Couldn't you tell you were not coming in the right way? Did it 
 look as if you were coming in "pololei", — in the right place ? 
 A. Yes, with the lighthouse. 
 Q. And the wharf lights, it look all right ? 
 A. Straight. 
 
 Q. That is the place you always come in ? 
 A. Yes. 
 
 Coroner: That is the same place you come in all the time ? 
 
 A. Between the red light and the Lahaina light, come right in. 
 
 Ju.ror Whitehead: One more question. After these sailors were on the 
 wharf did some of them say to you "don't talk about my coming ashore" and 
 you said no you would tell the truth. Did anybody talk to you that way ? 
 
 Coroner: He doesn't understand that ; give it to me anil I will interpret it. 
 
 Juror Whitehead: I want to know if some of the other sailors said to him 
 "don't tell anybody about our leaving the boat and swimming ashore." 
 (Coroner speaks to witness in Hawaiian.) 
 
 A. No. 
 
 Coroner : Any other questions ? 
 
 Juror Philip Espinda: That time you turn the boat right, any men dead or 
 swimming ? The time you "huli" the boat,— you tell somebody grab and "huli" 
 the boat ? 
 
 A. The time we turn the boat up ? 
 
 Q. You never see nobody under the boat ? 
 
 A. No. 
 
 Q. You never see any oars around there ? No l)rokeii oars 
 A. No. 
 
 Coroner: Was the searchlight of the steamer turned at vou that time 
 A. After. 
 
 Q. So that you could see the oars if there were any ? 
 A. No. No see. 
 
 Q. The searchlight was turned on vou ? 
 A. Yes. 
 
 Juror D. B. Espinda: (Questions asked in Jlawaiian and iutcrprotod l)y 
 Coroner.) Are you an experienced man coming iuto this hai-l)()r 
 A. Yes. 
 
 Q. That night that you came in, did you take the coiirsc ov I he 
 
 lower course ? 
 
 A. The upper coiirse. 
 
 Q. Wasn't the course you took below \vh(>ro (he sui'f breaks? 
 A. Where the surf breaks is twenty-five feet ou the otlici- side. 
 Juror Whitclicad : Wliicli is the upper coiii-se? 
 
Coroner: This is the upper course (pomtuig). _ 
 Juror D. B. Espinda: What light were you following i 
 A This liftlit in the harbor, — wharf. 
 
 Q.' Don't you remember that when the boat capsized, the rest of the crew 
 
 swam ashore? , 
 
 A I didn't see them. I don't know if they swam ashore oi not. 
 
 q'. Wasn't there a passenger on the boat who told you you were too close 
 
 to the reef ? 
 
 A. Nobody told me. 
 
 Q. Any member of your crew tell you that ? 
 
 A. No. . . ' 
 
 Q. That you were too close to the reel « 
 
 A. No. , . -o " ? 
 
 Q. Didn't you answer: "It is my business. Kow away 
 
 A. No. 
 
 Coroner: Any other questions? -, n , n 
 
 Juror PhiJip Espinda: (Spoke in Hawaiian and translated by Coroner.) 
 
 At the time when the first surf struck you, didn't you turn your boat and try 
 
 to make it again ? 
 A. No. 
 
 Q. Just turned right there ? 
 A. Yes. 
 
 q! Did you hear anyone cry out "Kokua! Kokua!"?^^ 
 
 A. We liad capsized when 1 heard the cry of "Kokua". 
 
 0 Do you remember seeing your crew there? ^ ^ , , ., 
 
 a'. I know for myself, I was there. As for the crew, I don t know ; it 
 
 was too dark. ■ • x ^.,+ 9 
 
 Q. At the time the boat capsized, was the surf running m frequent { 
 
 A. Yes. . 
 
 Q. What did the boat do, go out or come m ^ 
 
 A. The boat came in, — drifted. 
 
 Q. Was it deep where the boat capsized ? , -r i wi 
 
 A. It was shallow where we put the passengers out and I placed them on 
 
 the keel of the boat. ^ , t x +i ^^-p ? 
 
 0 Do you remember hearing the pounding of the boat on the reet ? 
 
 \ The time when I had some of the passengers on the boat she was 
 pomiding on the reef at different times when the swell came. 
 
 O. Did you try to lift the boat up ? ^ , i ix 
 
 A. I tried to. ' I wanted to turn the boat over but I was there only myself 
 and so I dive under the boat for the children. 
 
 Q. Didn't John Saffery tell you you were too close m ( 
 
 A. No. . J .9 
 
 Juror Bodinar: Saturday morning was pay-day, was it not i 
 Coroner- Just a minute until this juror is through. _ 
 Juror Philip Espinda: Did you see Duvauchelle come alongside the ovev- 
 tuvned boat in a small skiff? 
 
 A. I saw a Japanese. i ir i -41 
 
 Q. The boat that got to your assistance was Eugene Duvauchell s skill, 
 
 wasn^ 1 ^^^^^^ ^^^^^^ ^ ^^^^^^ ^^^^^^ .vhether it was a J apanese or Hawaiian. 
 Q. Do you know Saffery ? He was right there with you. 
 A. I don't know his name. 
 
 21 
 
Q. Did you see him there? Wasn't he alongside of you when the boat 
 was overturned ? 
 
 A. When the boat capsized, I don't remember seeing him. 
 Q. How did you get the child imder the boat? 
 A. I dove under and got the child. 
 Q. Was the child there ? 
 
 A. Yes. I dove under and held the woman under one arm and the cluld 
 in the other and dove under the boat and came out and placed them on the keel. 
 Q. Wasn't John Saffery there ? 
 A. He was on the keel at that time. 
 Q. John Saffery was a good swimmer ? 
 A. He was with a baby. 
 
 Q. You got the other child and mother and put them on the keel ? 
 A. Yes. 
 
 Q. And then you brought them to the shore ? 
 
 A. They were brought ashore but I stayed with the boat. 
 
 Q. Did you see an "Okinawa" (Japanese) ? 
 
 A, I saw a Japanese man. 
 
 Q. Who brought him in shore ? 
 
 A. I don't know. I put him on the keel. That is all I remember about 
 
 him. 
 
 Q. Where Avas the boat drifting ? 
 A. Towards shore. 
 
 Q. Were the waves keeping on thumping the boat ? 
 
 A. When the boat was still in an overturned position, the swell was still 
 coming in. 
 
 Q. When the boat reached the wharf, how many oars were required to 
 ])addle the boat back to the steamer ? 
 A. Four, and the steerer, five. 
 Q. Who brought the oars ashore? 
 A. The boatswain. 
 
 Q. How did the steamer know the boat was overturned ? 
 
 'oner: Did they throw the searchlight that night? 
 A. After the boat turned over. 
 
 Q. It was then the steamer knew the boat had capsized ? 
 A. One of the boats returned to the steamer and told them our lioat 
 capsized. 
 
 Coroner: Any other questions ? 
 
 Juror KeliUieleuo: Tlie time that you were steering your boat for the 
 wharf, did you take the right course? 
 
 A. Yes. I was taking a straight line for the Avliarf. 
 Q. What part of the reef did tlie surf strike the boat? 
 A. Right outside. 
 
 Q. Where did the sui-f strike the Ijoat ? 
 A. In the stern. 
 
 Q. How do you know the surf struck tlie boat in the stern ? 
 A. T knew it did, because after that my oar snapped. 
 
 Q. Was it the surf coming and striking your oar that snapi)ed your oar? 
 A. When the surf sti-uck the boat, my oar snapped. 
 Q. Was the boat laying crossways to the surf ? 
 A. Straight ahead with tlie surf. 
 
 25 
 
Juror Philip Espinda: At the time the surf struck your boat, was your 
 boat surfing with the surf ? 
 i. Yes. 
 
 Q. (In English.) You nialvt— you no make row ? (Indicating forward 
 and back movement with the hands as if skulling.) 
 A. ^o. 
 
 Q. When you were surfing, you had your oar straight ? 
 A. Yes. i kept the oar straight running with the surf. 
 Q. The time you were surfing, did you hold your oar steady ? 
 A. Yes. 
 
 Q. Can you tell me what distance the boat surfed ? 
 
 A. I don't know. In surfing with the surf, niy oar snapped. 
 
 Q. How did your oar snap ? 
 
 A. The surf. Because I was holding steady and steering for the wharf. 
 Q. (In English.) And then she beat it too far below ? 
 A. No. 
 
 Q. The time the oar snapped, the boat capsized ? 
 A. Yes. 
 
 Q. Are you sure the oar snapped ? 
 A. Yes. 
 
 Q. Don't you think that if you held your oar steady it would not liave 
 snapped, but by your moving the oar forward and back it would have snapped ? 
 A. It would snap because it was a big surf. 
 Coroner: Any other questions? 
 
 Mr. Sutton: As to the location of the red light. He didn't say whether it 
 was out on the water or where. 
 
 Coroner: You stated there was a red light. Where was the red light i 
 A. Out on the buoy. 
 Coroner: Call the doctor. 
 
 Testimony of E. Buktt (Sworn). 
 Coroner: Your name please, doctor. 
 A. E. Burtt. 
 Q. Occupation? 
 A. Physician. 
 Q. And surgeon? 
 A. Physician and surgeon. 
 
 Q. As^such for the District of Lahaina, County of Maui ? 
 A. Yes. 
 
 Q. Doctor, did you have occasion on Saturday evening, May 1st, 1915, to 
 view the bodies of a female Okinawa (Japanese) and of a Chinese here at 
 Lah aina ? 
 
 A. Yes, sir. 
 
 Q. Do you know their names ? 
 
 A. The Chinese was Chow Soy, — I doii't remember what the -Japanese 
 woman's name was. 
 
 Q. Will you tell the jury what you found ? 
 
 A. The man was dead when 1 saw him. He was brought out of the 
 water and I rolled some water out of him and tried to bring him back to life 
 but was unsuccessful. 
 
 Q. Where was it that you saw him? 
 
 A. By the drug store at Masuda's corner. The man was dead. He had 
 been brought out of tlie water and I tried to resuscitate him, using the different 
 
 2G 
 
methods that we use for resuscitation. I was able to roll a little water out of him. 
 Q, What time was that ? 
 A. About half-past nine. 
 
 Q. Did you extract any water at all from him? 
 
 A. I was able to roll out a little water. He had died easily. 
 
 Q. From all indications, Avhat would you attribute as the cause of death ? 
 
 A, Drowning. 
 
 Q. Were there any marks of violence ? 
 
 A. ISTone that I saw. We never stripped him. There were no marks 
 about his face or head. 
 
 Q. What clothing did he have on ? Was he thinly clad or heavily clad ? 
 A. Thinly clad when I saw him. 
 
 Q. As to the Okinawa woman. What did you find in her case ? 
 A. I saw her about eleven o'clock. 
 . Q. Where did you see her ? 
 A. On the lanai in front of Seong's saloon. Just this side of the butcher 
 shop. That woman had died from drowning. It was not an easy death. 
 ^ Q. How did she look ? 
 A. She had not died easily. Eyes just as bulging — face distorted and 
 more or less agonized from struggling, — eyes bulging and red. 
 Coroner: That is all. Call Umauma. 
 
 Testimony of Umauma (Swokn). 
 
 Coroner: (Interpreting as questions and answers were given.) What is 
 your name? 
 
 A. Umauma. 
 
 Q. Where are you living? 
 
 A. I reside at Honolulu. 
 
 Q. Where are you working? 
 
 A. Working aboard the steamer "Kilauea" for the Inter-Island Steam- 
 ship Company. 
 
 Q. How many years have you worked for that company ? 
 
 A. Five years. 
 
 Q. Working continuously during that time? 
 
 A. Yes. 
 
 Q. On Saturday last, were you working on one of the steamers of the 
 Inter-Island ? 
 
 A. Yes. 
 
 Q. Which steamer ? 
 
 A. Kilauea. 
 
 Q. When did you leave Plonolulu ? 
 
 A. Left at four o'clock. 
 
 Q. For where? 
 
 A. Lahaina. 
 
 Q. What time did you arrive at Lahaina ? 
 
 A. About nine o'clock. 
 
 Q. Were you one of a crew of a boat that started for the wharf? 
 
 A. Yes. 
 
 Q. In what boat ? 
 
 A. In Hiku's boat. 
 
 Q. How many sailors were in that boat ? 
 
 A. Four of us and the l)oat-steerer, five. 
 
 27 
 
Q. What boat were you? 
 
 A. Second boat. 
 
 Q. You brought passengers ashore ? 
 
 A. Yes. " 
 
 Q. Now, after you left the steamer and started for the wharf, did you 
 meet with an accident ? 
 
 A. Yes. 
 
 Q. What was the accident? 
 
 A. We were overturned by the surf. 
 
 Q. Have you come to this landing frequently in boats ? 
 
 A. Yes. . 
 
 Q. Do you remember the different nationalities there were m the boat 
 
 as passengers ? 
 
 A. Yes; some Chinese, some Japanese, and Hawaiians. 
 Q. Was there a big half -white in the boat ? 
 A. Yes, he is outside. 
 Q. Who else did you see ? 
 
 A. His wife and children. , 
 Q. Who else? 
 
 A. Some Japanese and Chinese. 
 
 Q. Eelate to the jury what happened on your way in ? 
 A. We were rowing and we didn't see any swells. All at once the surf 
 struck us. Before we saw the surf, we capsized, — the boat capsized. 
 Q. What did you do then ? 
 
 A. The boat capsized, and I remember I was underneath the boat. When 
 I got out I grabbed the Chinaman. He was an elderly Chinese. I gi-abbed him 
 an'd put him on the keel of the boat. I then called out "Kokua! Kokua." and 
 another boat came to our rescue. The boat came over and rescued the passen- 
 gers that w^e had placed on the keel of the boat and then came to the wharf. 
 That is all I know. 
 
 Q. At the time you were coming in, didn't someone say "don't go there ; 
 don't take the course you are taking" ? 
 
 A. 
 
 No. 
 
 
 Q. 
 
 Did you see any big surf before you were 
 
 struck by that surf ? 
 
 A. 
 
 No. 
 
 
 Q. 
 
 How many surfs struck you? 
 
 
 A. 
 
 One only. 
 
 
 Q. 
 
 The first surf overturned the boat ? 
 
 
 A. 
 
 Yes. 
 
 
 Q. 
 
 Were you all four rowing at that time ? 
 
 
 A. 
 
 Yes. 
 
 
 Q. 
 
 What made the boat turn over ? 
 
 
 A. 
 
 I don't know. 
 
 your boat steering straight 
 
 Q. 
 
 At the time this surf struck you, was 
 
 d of 
 
 the surf ? 
 
 
 A. 
 
 No. We were a little broadside. 
 
 
 Q. How is it that you Avere at that angle ? 
 
 A. I don't know. It is the boat-steerer's placing of the oar. 
 
 Q. Illustrate the direction the surf was running and the course the boat 
 was taking. We will say that this knife is the surf and this pencil the boat. 
 In relation to the surf which way was your boat pointing at the time you Avere 
 OA'crturned ? 
 
 28 
 
A. Like this. This is the surf and ovir boat was about like that. (Using 
 the knife to represent the surf and the pencil to represent the boat, witness 
 place them in this position. 
 
 Knife 
 
 Q. At the time the boat capsized, what did the crew do 
 
 A. I don't know. 
 
 Q. At the time the boat capsized, do you remember seeing the crew 
 
 around there and did they give assistance to the passengers ? 
 
 A. Yes. They were there and gave assistance. 
 
 Q. Where was the boat riding? 
 
 A. Way in the harbor here, just a little off the wharf. 
 
 Q. Who took the boat back to the steamer 
 
 A. Another crew took the boat back. 
 
 Q. At the time the boat capsized and afterwards, did you lind any oars 'i 
 
 A. 1^0. 
 
 Q. Did you find any of them at all ? 
 
 A. N^one was found. 
 
 Q. What did Hiku say to you after the overturning of the boat ? 
 
 A. ISTothing at all. 
 
 Q. Didn't Hiku tell you why the boat capsized ? 
 
 A. JSfo ; he never told me. 
 
 Q. Didn't Hiku tell you that a certain oar of the boat had broken ? 
 
 A. No. Never told me. 
 
 Q. During the stay of the steamer in port here, did you see any bodies 
 
 of those who were drowned ? 
 
 A. m. 
 
 Q. Just before the accident, didn't anyone of the passengers make a re- 
 mark as to the roughness ahead ? 
 A. No. 
 
 Q. Didn't anyone tell you not to row there ? 
 A. No. 
 
 Q. Didn't any member of the crew tell Hiku that the boat was too far 
 down off the course ? 
 A. No. 
 
 Q. Right after the boat overturned, did you stay around there until the 
 assistance of another boat came there? 
 A. Yes. 
 
 Q. Where the boat capsized, was it deep or shallow ? 
 A. Not very deep. 
 
 Q. Where the boat capsized, were you standing ? 
 A. Yes. 
 
 Q. At the time the boat capsized, were you under tlie boat ? 
 A. Yes. Under the boat. 
 Coroner: Any other questions ? 
 
 Juror Whitehead: If anything should have happened to the oar or any 
 oar was broken, would you have known it ? 
 A. Yes. 
 
 Q. Did anything hap])en 1o tlie steering oar? 
 A. Yes; some trouble. 
 
 29 
 
Q. What was the trouble? 
 A. Broke it. 
 
 Coroner: Did Hiku say that the oar was broken^ 
 
 A. Yes. We heard it. , i o 
 
 Juror ^Yhitehead: Do you know yourself that the oar was broken^ Or 
 
 were you told so ? 
 
 A. That is what he told us. 
 
 Q. You didn't see the oar broken ? 
 
 A I did not. I only see him fall down in the boat. 
 
 Juror D. B. Esplnda:' Before this oar snapped, what was the position of 
 
 the boat ? ■ ■ • ^ ^■\ ^ 
 
 A. The position of the boat was a commg-up position. Coming up to the 
 
 ^^^^^^Q. Don't you think the course this boat was taking was because the surf 
 
 struck the boat ? , . -rx . • -p +i ^ 
 
 A. The boat was coming up in that direction. He was steering up lor the 
 
 red light. 
 
 Q. Which red light is that I 
 A. The red light on the buoy. 
 
 Q. Is it not a fact that because the boat was a little broadside to the surt, 
 tliat caused the upsetting? 
 
 A W^e were coming up in that direction. 
 
 Juror Philip E spin da: I want to know whether he got the Chinaman 
 
 dead or not. . 
 
 Coroner: He said no. (Question not put to witness.) 
 
 Q. Would you know the Chinaman that you saved if a photogi-aph of him 
 was shown to you ? 
 
 A. Yes. 
 
 (Coroner produces certificate of residence of Chow Soy attached 
 to which is a photograph of Chow Soy and exhibits same 
 to witness.) 
 
 A. This picture is the same as the Chinaman I had. 
 Juror Philip Esplnda: After you put the Chinaman on the boat, what did 
 you do, — swim ashore? 
 
 A. I called out "Kokua". 
 
 Q. After you put the Chinaman on the boat, how long did you keep the 
 Chinaman on the keel? 
 A. I don't know. 
 
 Q. Anybody else come there in small skiffs? 
 A. Yes. 
 
 Q. Who? ' . 
 
 A. Japanese. I turned the Chinese over to one of the steamer boats. 
 
 Q. Do you remember placing him on the keel of the boat ? 
 
 A. Yes. I put him there myself. 
 
 Q. Do you remember positively that you lifted Chow Soy from the keel 
 of the boat to the steamer boat ? 
 A. Yes. 
 
 Q. AVho assisted you in getting him into the other boat i 
 A. The crew of the other boat. 
 Q. What was his Hame? 
 A. I don't know. 
 
 Q. After you luit the Chinaman on the other boat, wliat did you do i 
 
 30 
 
A. I looked for the rest of the passengers. I searched and found no one 
 
 else. 
 
 Q. Did you find any oars ? 
 A. No. 
 
 Q. Was the boat still overturned ? 
 A. Yes. 
 
 Q. And then you swam ashore ? 
 A. Yes. 
 
 Q. Why did you swim ashore ? 
 
 A. I was cold. That is why I came asliore. 
 
 Q. Didn't you know that several passengers were lost ? Why didn't you 
 stay by and help ? 
 
 A. There were several others of our boats there hel])ing. 
 
 Q. Did you see any of the crew around there ^ 
 
 A. Yes. 
 
 Q. How many ? 
 
 A. We were all there. 
 
 Coroner: Where is this red light you were heading for? 
 A. Ked light on the buoy. 
 
 Q. Where was the steamer lying at anchor that night ? 
 
 A. Below the buoy. 
 
 Q. Outside of the buoy or inside ? 
 
 A. Outside, 
 
 Q. When you were rowing from the steamer and before you met with the 
 accident, where was the light, — on the outside or inside of the place of the acci- 
 dent ? 
 
 A. Outside. 
 
 Q. You said you were running up to the red light wlien the accident 
 happened. 
 
 A. We were aiming for the white light; not the red light, — the white 
 light on the wharf. That is what I meant when T said "red light". 
 
 Mr. Sutton: May I suggest a question? There are three points that are 
 not clear. One is with regard to the direction the boat was s;oin!>-. As I noAv 
 understand the witness, they were not aiminc: for a red or white light but were 
 aiming for a line between the red light and the white light. 
 
 (Coroner speaks in Hawaiian to witness.) 
 
 A. I can't tell you. The boat-steerer would be the jiroper man to tell von. 
 
 Mr. Murphy: I would like to ask one question. At the time the boaf- 
 steerer fell down in the boat, did the boat capsize ? 
 
 (Coroner speaks in Hawaiian to witness.) 
 
 A. That is the time the boat capsized. 
 
 Mr. Sutton: As T understand it, he identifted the photograph shown liiin 
 as the man he took out from underneath tlie boat and put on the keel. 
 (Coroner speaks in Hawaiian to witness.) 
 
 A. Yes. 
 
 Mr. Sutton: And did he ever see that photograph Itefore this iiKiniiiig? 
 
 Coroner: (After speakinc: to witness in Hawaiian.) 1 asked liini: Is 
 he positive that this is the man he took from under tlio l)oat. T asked liim ibnl 
 for the benefit of the jury and he said: He was an elderly Chinaman. T 
 grabbed an elderly Chinaman but I can't say who it was. 
 
 Coroner: Call Moke. 
 
 31 
 
Testimony of Moses Smith (Sworn). 
 
 Coruner: ^^^lat is your name? 
 
 A. Moses Smith. 
 
 Q. Where do you live ? 
 
 A. Honohilu. 
 
 Q. Who are you working for ? 
 A. Inter-Island. 
 
 Q. How long you been working for that company ? 
 
 A. Three years. 
 
 Q. Working steady ? 
 
 A. Yes. 
 
 Q. What run have you got ? 
 
 A. Crew. 
 
 Q. What steamer ? 
 
 A. W. G. Hall. 
 
 Q. Last Saturday, May the 1st, what run were you on ? 
 
 A. Kilauea. 
 
 Q. Bound for Hawaii ? 
 
 A. Yes. 
 
 Q. How long did you work on the Kilauea ? 
 A. One week. 
 
 Q. Was this your first trip on this boat ? 
 A. Yes ; first trip. 
 Q. Saturdav ? 
 A. Yes. 
 
 Q. You left Honolulu on Saturday at three o'clock ? 
 
 A. Saturday at three o'clock. 
 
 Q. What time did you arrive at Lahaina ? 
 
 A. At about nine o'clock. 
 
 Q. Did YOU row one of the boats that night ? 
 
 A. Yes.' 
 
 Q. Whose boat '^ 
 
 A. Hiku. 
 
 Q. Was that tlie first, second or third boat 'i 
 A. Second. 
 
 Q. You had some passengers ? 
 
 A. Yes. 
 
 Q. HoAV many ? 
 
 A. Eight or ten. 
 
 Q. You know what race? 
 
 A. Some Hawaiian ; some "Pake" (Chinese) ; woman, man and a girl 
 Hawaiians. Two children, Japanese and Chinese. 
 
 Q. Did you see any Japanese woman aboard there, too, that night? 
 A. Yes." 
 
 Q. How many Chinese? 
 A. I don't know. 
 
 Q. When you came in that night, what happened outside ? 
 
 A. Big waves broke down on the boat. 
 
 Q. How many waves struck the boat? 
 
 A. Only one. 
 
 Q. Who was boat-steerer ? 
 
 A. Hiku. 
 
 32 
 
Q. AVho was struck ? 
 
 A. The other fellow. 
 
 Q. Who Avas next to Iliku 'i 
 
 A. Me. " 
 
 Q. Did you see the wave at all ? Before it struck your boat 'i 
 
 A. I see the wave come up pretty close to the boat. 
 
 Q. Big one or small one ? 
 
 A. Big one. 
 
 Q. Was it rough in the harbor ? 
 
 A. Kougli. 
 
 Q. Very rough ? 
 
 A. Yes. 
 
 Q. Can you tell me what caused that boat to turn over ? How did it come 
 
 to tui-n over ? 
 
 A. The wave turned it over. 
 
 Q. Did you see Hiku working that oar before this happened ? 
 
 A. I never look to him. I face around the boat. 
 
 Q. Did you see him working his oar ? 
 
 A. I see him. 
 
 Q. He was right in front of you ? 
 
 A. Yes. 
 
 Q. AVhat happened to Hiku ^ 
 
 A. I don't knotv. 
 
 Q. Did he fall down in the boat or outside of the boat ? 
 
 A. He was behind the boat standing up. 
 
 Q. With the oar ? 
 
 A. With the oar. 
 
 Q. At the time this wave struck the boat, did he say anything i 
 
 A. 'No. I didn't hear him. 
 
 Q. Did he tell you boys to row ? You were still rowing ? 
 
 A. Yes. 
 
 Q. Did you see him fall down ? 
 
 A. No. 
 
 Q. Did you hear anything snap ? 
 
 A. No; 1 did not. 
 
 Q. Can you tell me how tluit boat was heading Now this is tlio wave 
 (indicating with knife) and here is the boat (indicating with ])encil). C^an von 
 tell me what direction that boat was headed 'i 
 
 A. The wave came up like this (using knife foi- the wave) and the boat 
 was like this (using pencil for boat) : 
 
 Q 
 A 
 
 Q 
 
 A 
 
 Q 
 A 
 
 outside 
 
 Q 
 
 Knife 
 
 Did Hikn tell von anything about tlie oar ? 
 No. 
 
 That surf caught the boat and tnrned it i-ighl over 
 Turned it right over. 
 
 What did you do then ? What occurred ? 
 T seen only myself was underneath tlu' boat, 
 and meet some people swininiing ontsido and I Iried lo 1 
 Wliat did you do ? 
 
 (In'c nndci- mid conic 
 I belli. 
 
 33 
 
A. I get tliem and give to the other boat, — the first boat. 
 
 Q. What Avas that 
 
 A. Boatswain's boat. 
 
 Q. Gave them to the steamer l)oat ? 
 
 A. Yes. The first one came in the harbor. 
 
 Q. Did vonr oar snap at all ? 
 
 A. No. ' 
 
 Q. Did Hiku tell you his oar snapped ? 
 
 A. Hikn told me on the wharf. 
 
 Q. That his oar was broken? 
 
 A. Yes. 
 
 Q. At the time you left the steamer just before this thing happened, did 
 you hear any passenger tell Hiku not to go where this boat was going ? 
 
 A. m. 
 
 Q. Did you hear a girl say that? 
 
 A. 1^0. 
 
 Q. Did you hear a fat man say that? 
 
 A. No. ' 
 
 Q. That place where the boat capsized, was it deep or shallow ? 
 
 A. ■ Not very deep. About five feet. 
 
 Q. There was a Japanese woman in there and one old man ? 
 
 A. Yes. 
 
 Coroner: Any questions ? 
 
 Juror Philip Espinda: What man underneath the boat did you help ? 
 
 A. Grirl about fourteen years old. 
 
 Q. Was she outside the boat ? 
 
 A. Outside. 
 
 Juror Wli itelK^ad: Did all of the crew stay aromid the boat ? 
 
 A. Only myself alone. 
 
 Q. Only you alone ? 
 
 A. Me and the boat-steerer. 
 
 Q. And the other fellows swam ashore? 
 
 A. I didn't see anybody. Too dark. 
 
 Coroner: Any further questions? (Pause.) Call the other boatman. 
 
 TiosTijroNY OF AriiA Moepono (Sworn). 
 Coroner: What is your name ? 
 A. Ahia Moepono. 
 Q. Where do you live ? 
 A. Honolulu. 
 
 Q. Where are you working? 
 A. Inter-Island. 
 
 Q. How long have you been working for them ? 
 
 A. Month and a half. 
 
 Q. What run you been on ? 
 
 A. Hilo run. 
 
 Q. Were you working for them last Saturday ? 
 
 A. Yes, I was transferred from the Mauna Loa to the Kilauea. 
 
 Q. Yon were on the boat coming in here Saturday night ? 
 
 A. Yes. ^ ' 
 
 Q. Who was the boat-steerer ? 
 
 A. Hiku. 
 
 Q. You were on the second boat to come in that night ? 
 
 34 
 
A. 
 
 Yes. 
 
 Q. 
 
 Your boat brought some passengers ? 
 
 A. 
 
 Yes. 
 
 Q. 
 
 TTT1 * ill *1i TjI 10 
 
 When you came m that night, what happened « 
 
 A. 
 
 Boat turned over. 
 
 Q. 
 
 How did that boat come to turn over « 
 
 A. 
 
 By the wave. 
 
 Q. 
 
 How did the wave catch that boat ? 
 
 A. 
 
 Sideways. 
 
 Q. 
 
 How many waves caught tliat boat ? 
 
 A. 
 
 One. 
 
 Q. 
 
 A big one ? 
 
 A. 
 
 Yes. 
 
 Q. 
 
 Before you met with that accident, didn't someone tell Hiku not to 
 
 i>o ill that course ^ 
 
 A. 
 
 I didn't hear. 
 
 Q. 
 
 What oar were you pulling ? 
 
 A. 
 
 Third oar. 
 
 Q. 
 
 Did you. see a big half -white in that boat that night ? 
 
 A. 
 
 Yes. 
 
 Q. 
 
 Did you hear him say anything about not going there ? 
 
 A. 
 
 
 Q. 
 
 Have you been into this harbor many times ^ 
 
 A. 
 
 Yes. 
 
 Q. 
 
 Ill coming in before, did you take the same course as this boat took 
 
 that night ? 
 
 A. 
 
 
 Q. 
 
 What course would you take ? 
 
 A. 
 
 Further up this way. 
 
 Q. 
 
 This night you were 
 
 A. 
 
 (Int.) Too far down. 
 
 Q. 
 
 The boat steerer is the only one to steer that boat to the regular 
 
 channel ? 
 
 A. 
 
 Yes. 
 
 Q. 
 
 This place where you came that night was a different course alto- 
 
 gather from what you took when you came up before this time ? 
 
 A. 
 
 Yes. 
 
 Q. Taking this knife to be the surf coming in this way and the pencil 
 as the boat, in what position was the boat to the wave ? 
 A. This wa}^ (Arranges knife and pencil thus: 
 
 Knife 
 
 Q. Did you tell Hiku he was in the wrong course tliat niglit ? 
 A. No. 1 didn't tell him. 
 
 Q. Did you hear any member of the crew tell him he was in the wrong 
 course ? 
 
 A. i^o. 
 
 Philip Espinda (Juror) : You try and save any passengers? 
 
 A. One of my legs was liurt aud could not work so I swam ashore. 
 
 Coroner: Any other questions ? (Pause.) fall Lipauo. 
 
 35 
 
Tkstimo.w of Lipano (Swoun). 
 Coroner: What is your name? 
 A. Lipano. 
 
 Q. Where do yon live? 
 A. Honolulu. 
 
 Q. Where are you working ? 
 A. Inter-Island. 
 
 Q. How long you been working for them ? 
 A. Between five and six months. 
 Q. What run you been working on. 
 
 A. This is the first run I have had on the Kilauea, last Saturday. 
 Q. You been to Lahaina port here plenty times? 
 A. Yes. 
 
 Q. Saturday night you were one of the crew in Hiku's boat? . 
 A. Yes. 
 
 Q. On that boat there were a lot of passengers? 
 A. I think ten passengers. 
 
 Q. That night when you left the steamer and came in, tell the jury what 
 happened when jon came in on that boat ? 
 
 A. We come in that night, we follow this light up here. 
 Q. The wharf light? 
 
 A. Yes. But we came in face out to the steamer and can't see. And we 
 came up between the Japanee boat and came right up here and we saw waves 
 coming right on top the boat and upset. That is the time we dive down and , 
 we help some of the passengers. 
 
 Q. How did this boat come to capsize? 
 
 A. I don't know. All the waves come and strike in the boat. 
 
 Q. What was the position of the boat before the wave struck it ? Now 
 here is the wave (indicated by pocket-knife) and here is your boat (indicated 
 by pencil). Now show us how this boat was Avhen the wave struck. 
 
 A. Here. (Arranges knife and pencil thus : 
 
 penc 
 
 Knife 
 
 Q. Where was the wharf ? 
 
 A. Here. (Using pencil to designate boat and his hand for wharf: 
 
 Wharf 
 
 Knife 
 
 Q. Did you hear anything snap ? Before the boat capsized ? 
 A. No. ' 
 
 Q. Did you hear Hiku say anything? 
 A. No. ' 
 
 Q. Did you hoai- anybody tell Iliku nnt to conic in lhat cunrse? 
 .\. No ; I (lichi't hear. 
 
 (^). How many times have yon come into this liarbor? 
 A. Y'wo montlis' time. 
 
 36 
 
Q. And that course you came in that night, is that tlie I'eguhir course 
 yon have taken in coming in here ^ 
 A. J^o. 
 
 Q. Was the course you took last Saturday night fiirther out, further 
 down or further up in relation to the old course you always used to take ? 
 A. Further down. 
 Q. Did you see Hiku fall in the boat ? 
 A. Is^o. 
 
 Q. Did you get everybody out from under the boat that night s Or did 
 you get anybody at all ? • 
 A. I got one: the Japanese. 
 
 Q. Would you know the Japanese if you saw him again? 
 A. I don't know. 
 
 Q. There was a Jaj^anese woman, too, on that boat that night ? 
 
 A. I don't know. I didn't see. 
 
 Q. Was there an Okinawa Japanese in the boat ? 
 
 A. Maybe. I don't know. 
 
 Q. Was there a Hawaiian woman ? 
 
 A. Yes. 
 
 Q. Did you hear any girl tell vou or tell Hiku not to come in that course ? 
 A. m. 
 
 Juror Philip Espinda: You know anyone on the small boat ? 
 A. Yes. 
 
 Q. What ? Ja})anese, or what ? 
 
 A. I don't know. I didn't see the face. It was dark. 
 
 Q. In the boat you in ? 
 
 A. I don't know, — too dark. 
 
 Coroner: Any other questions ? (Pause.) If not we will take a recess 
 
 Mr. Sutton: Could I ask one question? You say that when you left the 
 "Kilauea" you headed up for a Japanese boat that was anchored ? 
 
 Coroner: Did you head for the Japanese boat when you left the steamer ? 
 Or did you head towards the "Komikila" ? 
 
 A. We came in that night I could not see. 
 
 Coroner: He said he was facing the steamer in answer to a previous ques- 
 tion. K'ow, we have about three or four more -witnesses. We will take a recess 
 now until one o'clock. 
 
 (Adjourned at 12:01 P. M. and reconvened at 1 P. M.) 
 
 Lahaina, Maui, 1 P. AL, May (I, 1915. 
 (Coroner's Jury all present and in their seats.) 
 Coroner: Call John Salfery. 
 
 Testimony of John Saffery (kSwoEN). 
 (Testified in Hawaiian, Coroner interpreting.) 
 Coroner: What is your name? 
 A. John Saffery, 
 Q. Where do you live ? 
 A. Olowalu. 
 
 Q. Maui. Where were you on Satiii'day? 
 
 A. In Honolulu and look llic slcaiiicr and ciiinc hack. 
 
 Q. What steamer ? 
 
 A. The "Kilauea". 
 
 37 
 
Q. What time did you arrive at tlie harbor ? 
 
 A. ISTine o'clock. 
 
 Q. Who accompanied jou on the boat ? 
 
 A. Myself, wife, two children, and a Chinese, two Okinawas, one J apan- 
 
 ese and one girl. 
 
 Q. What boat did you take in coming to the landing 'i , 
 A. The second boat. 
 
 Q. Who was the boat-steerer of the boat that brought you in ? 
 A. A big, stout Hawaiian boy hut I don't know his name. 
 Q. Where is he now ? 
 
 A. I saw him in the courtroom but he was the boat-steerer. 
 Q. How many men constituted the crew of this boat ? 
 
 A. Four men outside of the boat-steerer. Of these four three were rowing 
 and one was not. 
 
 Q. State to the jury what happened, if anything. 
 
 A. When we left the steamer, which laid out at anchor way below here, 
 we came up in an upward direction. AVe came along there, and then I saw a 
 big surf ahead of us so I told the boat-steerer "we are too far down. Let's get 
 up" closer." He didn't say anything in response. All at once the surf caught 
 the boat and we capsized. The boat didn't surf on the surf at all. He turned 
 tlie boat and we capsized and was caught by the surf. When the boat capsized 
 we were around there a while in the water bobbing up and down and I was the 
 first one to get out from under the boat aud one Chinaman that I pulled out 
 from under the boat. I thought it was my wife so I pulled him out. That is 
 the time I got on the keel of the boat, and the only one I saw there then was 
 the boat-steerer. When the boat-steerer saw me, he told me to try and pull the 
 boat out. I told him "No, pull the boat in." I told him "No use pulling^the 
 boat out, pull it in" as we were standing then. After a little while Katie Iveao 
 came from under the boat. A¥hen she came from under the boat, I could^ not 
 go to her assistance as I was holding a child, and we were there for some time. 
 During that time the skifi' arrived and the little child and this girl got on and 
 were TOwed away. I then got ofP the keel and dove imder, the place between 
 the boat and the land being so small, though, I was afraid my head would get 
 caught. While I was on the keel of the boat again I heard the voice of my child 
 nnier the boat calling "Papa, Papa". After a while there was a lot of people 
 around. It was a long time after the first boat that left the steamer arrived to 
 our rescue and they turned the boat over. During that time Ninau, a Hawaiian, 
 got under the boat from the back end and rescued my wife and child. When my 
 wife came to the surface, she was pretty well exhausted. After that we got on 
 this boat that came to the rescue and were brought to the wharf. 
 
 Q. When you left the steamer and started for shore and were struck by 
 tlie surf, ho\v many surfs did you see strike the boat ? 
 
 A. The first one didn't hit the boat. After we passed that, the second one 
 started and before we were struck by that wave the boat-steerer turned the boat 
 and the wave struck us and capsized the boat. 
 
 Q. At the time before the surf struck the boat, in what dii-ection was the 
 lioiit at the time the surf struck the boat ? 
 
 A. Tlie boat was straight ahead. Plight ahead. 
 
 (loroiier: I asked him to explain the position of the boat when it was 
 struck bv the first one aud he says in this position: 
 
 38 
 
cS 
 O 
 
 PQ_ 
 
 Wave 
 
 He says the second surf caught the lioat in this postion : 
 
 Boat 
 
 Wave 
 
 After the first swell the boat-steerer turned the boat in this direction : 
 
 Boat 
 
 Wave 
 
 when the second swell caught it. 
 
 Q. Did you tell him this j)lace was dangerous ? 
 
 A. I told him we were too far down. He didn't make any response and 
 tlie boys kept on rowing. 
 
 Q. After the boat capsized, you seized this Chinaman ? 
 
 A. When I seized Akana he was not dead. 
 
 Q. What did you say to him when you had liim ? 
 
 A. I told him to go in a straight direction but he was exhausted. 
 
 Q. Did you not see an Okinawa lady ? 
 
 A. I did not see her at that time, luit she was on the l)oat with my wife 
 and Katie Keao. 
 
 Q. Did anyl)ody else tell the l)oat-steerer the dnugerous ])o.sition they 
 were in ? 
 
 A. No. I was the only one to tell him that we were too far down, but 
 he didn't say anything to me. Right after I told him the dangerous position 
 we were in, the second swell caught us and we capsized. 
 
 Juror D. Espinda: Did you hear the snap of an oar ? 
 
 A. No. 
 
 Coroner: Where were you sitting in relation to the boat-steerer ? 
 A. I was right ahead of him. 
 
 Q. Did you notice that boat-steerer at any time before the boat capsized 
 fall upon you ? 
 
 A. jSTo. If lie liad fiillcu, be would surely fallen ii])ou us. 
 Juror Philip Espinda: AVei'c you the oidy two there? 
 A. No. Several others. 
 
 Q. Where were the boat boys after the boat capsized? 
 
 A. I don't know. They were not there, — only the boat-steerer and my- 
 self; nobody else. I told Akana to go to shore in a straight direction. T don't 
 know if he went in that straight direction that I told him. T was looking after 
 my little child. 
 
 Q. Was that Japanese on the keel of the boat? 
 
 A. No. 0]i the inside of the boat. 
 
 Q. Who went in and got the -fa])anese fi'oiii iiiidci- llie boat ? 
 
 A. J-Iimself. lie, that Japanese, husband of this deceased woman, and 
 child: they came out themselves. Nobody went and got tlieni. I coidd no( <xn 
 to their rescue, I had my cliild. 
 
 Q. Are vou in tlie habit of going in and ont of this harbor? 
 
 A. Yes." 
 
 Q. That course that the l)oat took that night, is thai the conrse generally 
 taken by boats coming to the landing? 
 
 A. No. Except when it is xovy cabn. T h:\vo ne\'ei- seen boats take that 
 
 39 
 
course in rough weather. They luight when they are fishing or in smooth 
 weather. 
 
 Mr. Siiitou: Did I understand him to say that tlie Japanese woman was 
 on the keel of the boat sitting next to his wife ? 
 
 (Coroner speaks in Hawaiian to witness.) 
 Coroner: l^o. 
 
 Mr. Murphy: I wouhl just like to ask: Did he remain around the scene 
 of the accident until the boat was turned back 'I 
 A. Yes. 
 
 Q. Whei'e was the boat at the time it was righted? 
 
 Coroner: When it was righted ? 
 
 Mr. Murphy: Yes. 
 
 A. I don't know. I was not there. 
 
 Mr. Mossman: AVill you ask if he saw the steernian's oar broken? 
 A. No. 
 
 Coroner: Call Katie Keao. 
 
 Testimony of Katie Keao (Swokn). 
 Coroner: What is your name? 
 A. Katie Keao. 
 Q. Where are you living? 
 A. Olowalu. 
 Q. How old are you ? 
 A. ISTineteen years old. 
 Q. Last Saturday where were you ? 
 A. Coming from Honolulu. 
 Q. What steamer did you come up on ? 
 A. "Kilauea." 
 
 Q. Who came with you on the boat ? 
 A. My uncle. 
 Q. Who is that ? 
 A. John Saffery. 
 Q. John Saffery? 
 
 A. And two little kids, and some Japanese? 
 Q. And Chinese? 
 A. Yes, sir. 
 
 Q. What boat did you come in on ? 
 A. The second boat. 
 
 Q. Who was the boat-steerer of that boat ? 
 A. Fat man. 
 
 Q. The one that was on the stand this morning? 
 A. Yes. 
 
 Q. After you got off the steamer and got on this boat and came for the 
 wharf, anything happen ? 
 A. Yes. 
 
 Q. What happened ? 
 A. Boat capsized. 
 
 Q. Tell the jurv what hay)]ien(>(l when you came on the boat with your 
 uncle and the rest of them. 
 
 A. When we came back, the boat was capsized and we was all under- 
 neath the boat. 
 
 Q. How did that boat come to capsize? 
 
 A. Dv the wave. 
 
 40 
 
Q. How many waves did yon see ? 
 
 A. Two waves. But the first wave was not so trouble, but the second 
 wave caj^size. 
 
 Q. Do you remember, Katie, what direction tliat boat was when the wave 
 struck the boat ? 
 
 A. Turning inside. 
 
 Q. You show us. jSTow, this is the wi^ve (pocket-knife) and this is the 
 boat (pencil). Now, tell me how that boat was when the wave struck the boat. 
 
 Knife 
 
 A. Like this : 
 
 Q. After the wave hit the boat you got under the boat ? 
 
 A. Yes. 
 
 Q. Who helped to pull you out ? 
 
 A. Myself. 
 
 Q. When you got out from under the boat, who did you see around ( 
 
 A. My uncle and little girl. 
 
 Q. Anybody else ? 
 
 A. One sailor. 
 
 Q. Do you know who that was ? 
 
 A. I don't know. 
 
 Q. Did you see this Chinaman that is dead Do you know this China- 
 man, Akana, — did vou see him after that ? 
 
 A. 'No. 
 
 Q. Did you see the Okinawa woman ? 
 
 A. I came out. 
 
 Q. Who brought you ashore ? 
 
 A. Eugene. I don't know his last name. 
 
 Q. A tall fellow on a small boat ? 
 
 A. Yes. 
 
 Q. You and who ? 
 
 A. Me and the little girl. 
 
 Q. When you came in after you left the steamer and came ahmg, did 
 
 vou see any big waves first ? 
 
 A. No. 
 
 Q. When did you first see the wave ? 
 
 A. When we came from the steamer, A\e did not see any wax e ahead of us. 
 T was facing up here. 
 
 Q. When did you see the second wave ? 
 
 A. The sailors Avere saying: "Go ahead." 
 
 Q. Before this wave struck vou, did vou hcai' anvbodv sav anvtliinii ? 
 
 A. Yes. 
 
 Q. Who? 
 
 A. The sailors. 
 
 Q. What did they say? 
 
 A. My uncle says to go up. Tluw say iicx'ci' iniiid and llicy turn the 
 boat and went up this way. 
 
 Q. Then that is the time the wave struck the boat and turned it over ? 
 
 A. Yes. 
 
 Q. And you were miderncatli ? 
 
 41 
 
A. Yes. 
 
 Q. When you came out, was your aunty outside already? 
 A. No. Underneath. 
 
 Q. . When you got outside, did you see the Chinaman after that ? 
 A. IsTo. 
 
 Q. Did vou say anything to the hoat-steerer ? 
 
 A. I told him he was damn fool. They ought to turn up this way. 
 
 Q. When was that you tofd them? 
 
 A. After the boat capsized, and I came out. 
 
 Q. Who did you tell that to ? 
 
 A. I don't know who it Avas. When I came out, there was only one sailor. 
 Coroner: Any questions ? 
 
 Juror Whitehead: She says there -was one sailor. Does she know which 
 particular sailor it was ? 
 
 A. I can't see plainly. I saw only one was there. 
 
 Q. You don't know whether that was the man wdio steered the boat or not ? 
 
 A. I don't know. 
 
 Coroner: Any other questions? 
 
 Mr. M ossm.an ; Did anybody put her on the keel of the boat ? 
 
 (Coroner repeats question to wdtness.) 
 A. Yes. One sailor. The one that was outside when I came out. 
 Q. Did Eugene take you off the boat ? 
 
 A. No. I came off myself and the sailor picked me up and put me on 
 the boat that was capsized. 
 
 Q. Where did Eugene get you ? 
 
 A. On the other boat. From that boat he put me in a small boat. 
 Coroner: Who took you from the overturned boat to the boat that came 
 to the rescue ? 
 
 A. Same sailor. 
 
 Coroner: Call that Japanese man. 
 
 (]Sr. K. Otsuka sworn as Japanese Interpreter.) 
 Testimony of Royoyo Kuwaye (S\yokn). 
 
 Coroner: AATiat is your? 
 
 A. Royoyo Kuwaye. 
 
 Q. Where do you live ? 
 
 A. Paauhau, Hawaii. 
 
 Q. '\^T[iere were you on Saturday, May 1st, in the morning? 
 
 A. Honolulu. 
 
 Q. When did you leave Honolulu ? 
 
 A. About half-past two in the afternoon. 
 
 Q. Where did you go to on that day ? 
 
 A. Came to Lahaina. 
 
 Q. Who came with you ? 
 
 A. My Avife. 
 
 Q. Where is your wife now ? 
 
 A. She is dead and buried in Paia, this island. 
 
 Q. When were you married to her? 
 
 A. The marriage ceremony Avas performed by Reverend Okamura on that 
 
 dav. 
 
 Q. What day ? 
 
 A. Oh, April 28th this year. 
 
 42 
 
Q. How did your wife come to meet her death ? 
 A. The boat capsized and she drowned. 
 Q. Were you on the same boat ? 
 A. Yes. 
 Q. Where ? 
 
 A. Just in front of the Lahaina wharf. 
 Q. You were on the same boat with her ? 
 A. Yes. 
 
 Q. How did that boat come to capsize ? 
 
 A. I don't know why because my wife and myself stood down on the 
 bottom of the boat so we could not see the outside, but that happened so sud- 
 denly I don't know myself how it capsized. 
 
 Q. How old was your wife ? 
 
 A. Twenty-four. 
 
 Q. What country was she a native of ? 
 
 A. My wife's name is Ushi and she born in Okinawa Prefecture, Japan. 
 Mr. Sutton: Where was he married? 
 Coroner: Where was he married ? 
 
 A. Honolulu, — in Reverend Okamura's house in Honolulu. 
 Coroner: Call the next witness. 
 
 Testimony of C. Aitj (Sworn). 
 (No Interpreter used.) 
 
 Coroner: What is your name? 
 
 A. C. Aiu. 
 
 Q. Where do you live ? 
 
 A. Lahaina. 
 
 Q. Maui? 
 
 A. Yes, Maui. 
 
 Q. How long you stay here ? 
 
 A. I stay Lahaina five year. I sta;y Kaanapali eighteen year. 
 Q. You know one Chinaman by name of Akana ? 
 A. Yes. 
 
 Q. What is other name? 
 
 A. Chow Soy. 
 
 Q. Where is he now ? 
 
 A. (In Hawaiian.) Died on the over-turning of the boat. 
 Q. You see his dead body ? 
 
 A. Yes, Saturday evening about ten o'clock. (In Hawaiian) : In the 
 evening while I was writing out my bills, I heard yelling down here at the 
 waterfront and so I came out and saw a lot of people gathered around the wharf 
 and so I came down. About ten o'clock I came down again and saw the body 
 of Chow Soy. 
 
 Q. Do you know this photograph? 
 
 A. Yes. that Akana. 
 
 Q. How long do you know this man ? 
 • A. More twenty-two year. 
 
 A. How old is he? 
 
 A. Sixty-five year old. 
 
 Q. What country is he from ? 
 
 A. China. 
 
 Mr. Sutton: What did this man Akana do? 
 
 (Interpreted into Hawaiian by Coroner.) 
 
 43 
 
A. He just arrived from lionolulu coming to see a grandchild. 
 Q. Did he live here before his death ? 
 
 A. (Interpreted from Hawaiian.) He frequently comes here and goes 
 to Wailuku. 
 
 Q. He does not know where he lives ? 
 
 Coroner: (After talking to witness in Hawaiian.) Stays in Honolulu 
 most of the time. 
 
 Q. Is he a married man ? 
 
 (Translated into Hawaiian.) 
 A. He has a wife, — a big stout woman who used to live with him before.. 
 Q. Do you know if he has a married wife ? 
 
 (Translated.) 
 
 A. I know he has because he told me so. He was married to her in 
 Lahaina. 
 
 Q. Whi\t was the name of the wife before she was married ? 
 
 (Translated.) 
 
 A. Julia. 
 
 Q. A Hawaiian girl ? 
 
 (Translated.) 
 
 A. Yes. 
 
 Mr. Sutton: I have nothiiig further. 
 
 Mr. Coroner: Now, gentlemen, that is all the evidence we have to intro- 
 duce before you. ISTow, you will consider your verdict after we have retired. 
 
 (Jury start deliberations 2:10 P. M.) 
 
 3 P. M. announce that they have arrived at a verdict. 
 
 (Coroner reads verdict in presence of the jury and inquires if that is their 
 verdict, to which they responded in the aflfirmative.) 
 
 (Jury dismissed.) 
 
 CERTIFICATE OF STENOGRAPHER. 
 
 I HEREBY CERTIFY that the forcgoiug is a full, true and correct transcript 
 of my shorthand notes taken at the Inquest had in the matter of the death of 
 Usui Kuwaye and Chow Soy at Lahaina, Maui. 
 
 Dated at Wailuku, Maui, May 11, 1915. 
 
 Wm. S. Chilltngworth, 
 [10-cent IJ. S. I. E. Stamp] Stenographer. 
 
 44 
 
TESTIMOISTY GIVE^sT BEFORE A. J. GIGIsTQUX, COMMISSIONER OF 
 THE PUBLIC UTILITIES COMMISSION, ON BOARD THE S. S. 
 "KILxiUEA", IN HONOLULU, ON SATURDAY, MAY 8, 1915, AT 
 8:30 A. M., IN CONNECTION WITH AN ACCIDENT WITICH 
 
 / OCCURRED AT LAHAINA, MAUI, IN WHICH TWO LIVES 
 WERE LOST THROUGLI THE SWAMPING OF ONE OF THE 
 "KILAUEA'S" BOATS WLIILE LANDING PASSENGERS AT 
 THAT PORT ON MAY 1, 1915. 
 
 Present : 
 
 Mr. A. J. Gignoux, Commissioner, Public Utilities Commission, 
 Mr. IT. P. O'SuUivan, Secretary, Public Utilities Conmiission, 
 E. W. Sutton, Esq., attorney for the Inter-Island Steam Navigation Co., 
 Ltd., 
 
 Capt. F. M. Berg, Master of the s. s. "Kilauea", 
 
 Hiku, boat-steerer, s. s. "Kilauea", 
 
 Noepano, sailor, s. s. "Kilauea", 
 
 Lipano, sailor, s. s. "Kilauea", 
 
 Moki, sailor, s. s. "Kilauea", 
 
 Umauma, sailor, s. s. "Kilauea", and 
 
 Kiaha, boatswain, s. s. "Kilauea". 
 
 Testimony of Capt. Fkank M. Bekg. 
 Commissioner (Jignoux: What is your name? 
 A. Frank M. Berg. 
 Q. And your duty ? 
 A. Master. 
 
 Q. Of the s. s. "Kilauea" ? 
 A. Yes, sir. 
 
 Q. You were on duty when this accident happened ? 
 A. Yes, sir. 
 
 Q. At what time was it. Captain ? 
 A. At 9 :20 — about 9 :20 in the evening. 
 Q. Were you en route to Ililo from Ilonolulu ? 
 A. Yes, from Honolulu via Lahaina. 
 Q. Wliat were the Weather conditions at that time 'i 
 A. Very fair. A slight southwesterly wind. Very, vei*y small swells. 
 Q. The boat in which the accident ha]i]iened was numned l)y how many 
 men ^ 
 
 A. Five men. Boat-steerer and four oarsmen. 
 
 Q. Do you know whether or not they had any experience in lauding at 
 Lahaina before ? 
 
 A. They were old-timers — all 
 year and a half on the "Mauna Kea". 
 
 Q. Had they gone into Laliaina Ijefore ? 
 
 A. Yes, lots of times. 
 
 Q. Were the men sober at the time ? 
 
 A. Yes, sir, absolutely sober, to the best of my knowledge, 
 go into the boat, I did not see any sign of licinor on any of them 
 after the leave Ilonolulu they are sober. 
 
 Q. Will yon recite, as near as ])ossiblc, llic experience w 
 landed 
 
 Transcript of Tes- 
 timony Given at 
 Hearing- Held on 
 S. S. "Kilauea" on 
 May 8, 1915. 
 
 )](! natives. l>oat-sleei'er been with me a 
 
 I saw them 
 .\s a nde. 
 
 45 
 
A. Well, they sent the first boat ashore with the cabin passengers and 
 mail — that went in very nice. Second boat sent in ten steerage passengers and 
 their hand baggage and one trunk. Quite a time before the boat -landed and I 
 saw a red light on the landing. I immediately lowered the third boat and sent the 
 Purser ashore to find out what the trouble was about. I did not see any trouble 
 there: The Purser came back and reported that the second boat that went in 
 capsized and reported two passengers missing. All the oars were spilled and 
 I supplied the Purser's boat with oars for the swamped boat, and sent the Second 
 Officer in there to take charge. He left there 10 :55. At that time the Chinaman 
 was found, at the time the steamer left. Disclosed afterwards he died of heart 
 failure. 
 
 Q. How did you ascertain that — how did you ascertain that he died of 
 heart failure ? 
 
 A. A doctor at Lahaina. 
 Q. Dr. Burt? 
 
 A. A lady told me. We left there at 10:52. At that time nothing had 
 been seen of the missing woman. She was found at 12 :30, she was found at 
 12:30 — the Japanese woman — the body. That is about all. There were no 
 witnesess to the accident. As far as w^eather conditions were, it was absolutely 
 fair. 
 
 Q. What is the condition of the entrance to that wharf? 
 
 A. They have a fairway buoy there. Get that light with the line of the 
 lighthouse you are absolutely sure of the channel, but as far as the bearings, 
 etc., the natives do not know anything about that — they just get the two 
 lights and go in. 
 
 Q. What is customary regarding the searchlight, do you use it very much ? 
 
 A. We do not use it. 
 
 Q. Would it be a help to the boats ? 
 
 A. It blinds the boats. 
 
 Q. I am speaking of wdien a boat is going in. 
 
 A. It is not customary to use the light unless it is rough. We always 
 have an officer on shore anyway. 
 
 Q. I thank you very much. Captain ; that is all. 
 
 Testimony of Hiku. 
 
 Q. AVhat is your occupation? What do you work? 
 A. Sailor. 
 
 Q. What were you doing in the boat that you went ashore? 
 
 A. I was steering the boat. 
 
 Q. Tell us all about the weather conditions. 
 
 A. The weather rough. 
 
 Q. The weather was a little rough ? 
 
 A. A little rough. 
 
 Q. Do you mean the weather above ? 
 
 A. The sea. When we go to Lahaina we come in where the harbor. We 
 do not see any waves coming in the channel. We come inside and start by 
 wharf My oar broke. 
 
 Q. What else happened? 
 
 A. When the time we all turn over underneath the boat we all help the 
 passengers. I remember that 1 put a man on the keel of the boat, and a baby, 
 a Japanese, and a girl about fourteen or fifteen years old and one lady under- 
 iieatli the lioat with one baby. I dive uuderneath the boat to look for more pas- 
 
 46 
 
sengers underneath the boat. I find the lady and the baby. I hold the lady 
 with my left hand and I hold the baby with my right hand and I dive inside 
 the boat and eonie out on the outside. In that time it was too dark — too dark 
 that time. I put all those passengers on the keel of the boat, about twelve or ten 
 men. The boat already there. I don't know some of them they go on the small 
 boat or big boat, some passengers on the small Japanese boat or the big one. 
 I stay alongside that boat somewhere around an hour and a half or two hom-s 
 and we turn that boat over to look som.ething inside there and we don't find any- 
 thing. We put the boat alongside the wharf and we call to tell the fellows who 
 can help us for a bucket to bail the water. Some of the men they give a bucket 
 to bail the water and I bail that water. 
 
 Q. How many persons w-ere in the boat ? 
 
 A. Eight or ten passengers. 
 
 Q. Did you know about the missing passengers ? Did you know they 
 were missing — the Japanese and the Chinainan that were drowned ? Did you 
 know at the time when 
 
 A. I could tell, but I did not see any Chinaman. 
 
 Testimony of ISToepano. 
 
 Q. What is your name? 
 
 A. IvToepano. 
 
 Q. What do you do? 
 
 A. I am one of the crew of the boat of "Kilauea". 
 Q. Were you in the boat that capsized at Lahaina ? 
 A. Yes. 
 
 Q. Just tell us the story what you know about it. 
 
 A. It was about eight o'clock on Saturday night we landed at Lahaina, 
 and so we all get into a boat and the eight passengers with us and went ashore. 
 About half way from the landing to the boat we capsized by the wharf. After 
 we turned over I tried my best to get out of the boat. After I get oi^t of the 
 boat T tried to save some of the passengers. One of my legs was played out and 
 I could not do much. So I swam ashore and tried to holler for help, and one of 
 our boats came along and picked some passengers. 
 
 Q. What kind of weather was it there ? 
 
 A. Rough weather. 
 
 Q. Was it raining? 
 
 A. 'No. 
 
 Q. Much wind? 
 A. JSTot much wind. 
 ■ Q. How were the waves ? 
 A. Rough. 
 
 Q. If a searchlight been playing there would it help you ? 
 A. No ; it was after. 
 
 Q. Suppose when the boat first ])ut ofi', would that he good for you ? 
 A. No, I don't think so. 
 
 Q. That is all right, ISToepano, that is all. 1'liaids yon. 
 
 Testimony of Lipano. 
 
 Q. What is your name ? 
 
 A. Lipano. 
 
 Q. What do you do? Are vou a sailor of this boat ? 
 
 A. Yes. 
 
 47 
 
Q. "Kilauea" ? 
 
 A. Yes. 
 
 Q. Yon were in tlie boat that capsized at Laliaina ? 
 
 A. Yes. 
 
 Q. Tel] us all about it ? 
 
 A. When we went up to the shore we follow to the light up to the wharf 
 and when we close big waves came in and turned the boat over. And after that 
 we call help and we just go help, and the other boat come and help us. 
 
 Q. When the boat capsized what did you do ? 
 
 A. I dive down and I come up from the boat and just help the other 
 people. 
 
 Q. How nuuij people did you help ^ 
 
 A. Japanese, one Japanese, get on top boat. 
 
 Q. Did you see any of the people that were dro\vned — the Chinaman-and 
 Japanese that were drowned ? 
 
 A. No. 
 
 Q. What kind of weather was it at that tinie '^ AVas the sea rough ? 
 
 A. Oh, yes, pretty rough. 
 
 Q. How was the weather up above? Any rain? 
 
 A. 1^0 rain, but it was dark. 
 
 Q. What time ? 
 
 A. Between eight and nine, somewhere about half-past eight. 
 
 Q. Tf the searchlight been playing all the time from the ship would that 
 liave been god for you? 
 
 A. Good. 
 
 Q. Good to have light all the time ? 
 
 A. 'Not all time — hard on eyes. 
 
 Testimony of Moki. 
 
 Q. What is your name ? 
 A. Moki Smith. 
 Q. What do you do? 
 
 A. Working for the Inter-Island. 
 Q. On the -"Kilauea" ? 
 A. Yes. 
 Q. Sailor ? 
 A. Sailor. 
 
 Q. Were you in the boat that ca])sized? 
 A. Yes. 
 
 Q. Tell us all you know about that ? 
 
 A. When I was in the boat big waves were breaking down inside the boat. 
 The boat capsized. When the boat capsized I was underneath the boat. When 
 
 I came out from underneath the l)oat T helped some people to get on the boat. 
 
 Aftei' I i^nt them on the boat I swam ashore. 
 
 Q. You lielped how many ■|)eople ? 
 
 A. I helped one girl — big girl. 
 
 Q. Did vou see the two people that were drowned? 
 
 A. No, I did not see them. 
 
 Q. Al)out hdw many people were in the boat? 
 
 .'\. About eight or ten. 
 
 Q. Wliat kind of weather was it there? 
 
 A. TJough weatlier. 
 
 Q. H(iw was it above — any riiin i 
 
 48 
 
A. No ; no rain. 
 
 Q. About what time was it ? 
 
 A. About nine o'clock. 
 
 Q. Suppose tbey use searchlight all the time, would it be good all the time ? 
 
 A. No. Searchlight no good. Can't see. 
 
 Q. That is all, Moki. 
 
 Testimony of Umauma. 
 
 Iliku acted as interj^reter. 
 
 Q. AVhat is your name ? 
 
 A. Umauma. 
 
 Q. What do you do ? 
 
 A. Sailor. 
 
 Q. What boat? 
 
 A. "Kilauea." 
 
 Q. Were you in the boat when it capsized at Lahaina ? 
 A. Yes.- 
 
 Q. Tell us the story about it. 
 
 A. When we left the "Kilauea" we did not see any big waves, and when 
 we come in big waves strike the boat and capsized, and we help the passengers. 
 Q. Did you help any passenger yourself ? 
 A. I help one Chinese. 
 
 Q. What did you do then ? You helj^ed one Chinese — what did you do 
 then ? 
 
 A. T put on the keel of the boat. 
 Q. What did you do yourself ? 
 
 A. I called for help. When I called for help one boat of the Inter-Island 
 came over there and took the Chinese to shore and the wharf. 
 Q. About what time w-as that ? 
 A. I don't remember what time it was. 
 Q. How many people in the boat ? 
 A. About eight or ten. 
 Q. What kind of weather was it there ? 
 A. Rough. 
 
 Q. If the liglit from the ship was used, wouhl it 1)0 a good thing to the 
 boats going ashore ? 
 
 A. I saw the light. 
 
 Q. When you first lowered the boat to go into Lahaina would it be a good 
 thing to have the searchlight playing all the time ? 
 ■ A. It would be kind of bad. It w^as too dark. 
 
 Further Testijiony of ITiku. 
 
 Mr. Sutton : Hiku, you said that the weather was a little rough, the wind 
 was not blowing hard, but you said that it was rough on the inside. You did 
 not mean rough where the "Kilauea" was ? 
 
 A. No.^ 
 
 Q. Is it always rough at Lahaiiia ? 
 A. Sometimes rough, sometimes no rough. 
 Q. You have been in Lahaina uuiuy times? 
 A. Many times. 
 
 Q. Sometimes just as rough as this time, sometimes rougher? 
 A. That time we go in thei'o rough. 
 
 49 
 
Q. Was it very rough ? 
 A. Not very rough. 
 
 Q. What do you think it was that made the boat capsize? 
 A. When the steer broke and the boat come swamped. When the oar 
 broke I could not steer. 
 
 Q. When the wave broke, did it break the oar ? 
 A. Yes. 
 
 Q. That one wave broke your oar and capsized the boat ? 
 A. Yes. 
 
 Q. One big wave — not two? 
 A. Yes, one big wave. 
 
 Q. Did the wave come in from behind or in front ? 
 A. From behind. 
 Q. Straight behind? 
 
 A. ' I could not see whether_straight behind or this way (indicating from 
 the right). It was too dark. 
 
 
 Testimony of Kiaha. 
 
 
 Mr. 
 
 Gignoux: What is your name ? 
 
 
 A. 
 
 Kiaha. 
 
 
 Q. 
 
 What do you do on the boat ? 
 
 
 A. 
 
 Boatswain. 
 
 
 Q. 
 
 At the time of the accident at Lahaina, what boat Avere 
 
 you in ? 
 
 A. 
 
 First boat. 
 
 
 Q. 
 
 Did you get in all right ? 
 
 
 A. 
 
 Yes. 
 
 
 Q. 
 
 Did you see the accident at all ? 
 
 
 A. 
 
 I did not see, but I hear them cry for help. 
 
 
 Q. 
 
 Did you help them? 
 
 
 A. 
 
 Yes, we help the passengers. When we were alongside 
 
 the wharf Ave 
 
 unloaded our mail. So we unload the mail first and we go right to help them. 
 Q. What were the weather conditions ? 
 
 A. Southwest wind. Little rough in there but not so much at the time Ave 
 came in. 
 
 Q. Did you folloAV the channel right in ? 
 A. The first boat ? 
 Q. Yes. 
 
 A. Yes, Ave followed the channel right in. 
 
 Mr. SvMon: Hoav Avhere the "Kilauea" Avas anchored, Avas it rough out 
 
 there ? 
 
 
 A. 
 
 ISTot rough. 
 
 Q. 
 
 Where did it begin to get rough ? 
 
 A. 
 
 At the beginning of the channel. 
 
 Q. 
 
 Rough a little Avay and smooth by the wharf ? 
 
 A. 
 
 Yes. 
 
 Q. 
 
 When you came between the two reefs, it Avas rough there? 
 
 A. 
 
 Yes. 
 
 Q. 
 
 Were the waves breaking in the channel ? 
 
 A. 
 
 Yes. 
 
 Q. 
 
 This time Avcre they breaking? 
 
 A. 
 
 This time, no. 
 
 (The taking of testimony ended at 9:40 a. m.) 
 
 60 
 
Befoke the Public Utilities Commission in and for the 
 Tebkitoky of Hawaii. 
 
 Subpoenas. 
 
 Tn the Matter of tlie Investigation of 
 an Accident to a Boat of the Inter- 
 Island Steam Ifavigation Company, 
 Limited, and to the Passengers there- 
 in at Lahaina, Maui, on or about 
 May 1, 1915. 
 
 subpoena. 
 
 The Terkitoky of Hawaii: 
 
 To the high sheriff of the Territory of Hawaii, or his Deputy: the 
 Sheriff of the City and County of Honohilu, or his Deputy: or any Deputy 
 Sheriff or Police Officer in the Territory of Hawaii : 
 
 You ARE commanded TO SUBPOENA : 
 
 John Saffery, 
 Katie Kaeo 
 
 to appear at the Booms of the Public Utilities Commission in the Kauikeolani 
 Building, at Honolulu, before said Public Utilities Commission on the 17th day 
 of July, 1915, at 10 o'clock A. M., to testify as witnesses in the above entitled 
 matter. 
 
 Hereof fail not, and of this process make due return. 
 
 Witness the Public Utilities Commission of the Territory of Hawaii, this 
 14th day of July, 1915. 
 
 Charles R. Forbes, 
 
 Chairman. 
 
 Served the within Subpoena by reading the same to the within named John 
 Saffery, Katie Kaeo at Olowalu, County of Maui, T. IT., this 15th day of July, 
 1915. 
 
 John Perreira, 
 Deputy Sheriff, County of Maui. 
 
 Public Utilities Commission, Territory of Hawaii. 
 
 subpoena. 
 
 Issued at 9:30 o'clock A. M., July 14, 1915. 
 H. P. O'SuLLiVAN, Secretary. 
 Returned at 2 :.30 o'clock P. M., July 15, 1915. 
 H. P. O'SuLLiVAN, Secretary. 
 
Befoke TJiE Public Utiljties Commission in and foe the 
 Tekritoey of Hawaii. 
 
 In the Matter of the Investigation of 
 an Accident to a Boat of the Inter- 
 Ishand Steam ^sTavigation Company, 
 Limited, and to the Passengers there- 
 in at Lahaina, Maui, on or about 
 Mav 1, 1915. 
 
 SUBPOENA. 
 
 The Teeeitoey of Hawaii: 
 
 To THE HIGH SHERIFF of the Territory of Hawaii, or his Deputy: the 
 Sheriff of the City and County of Honolulu, or his Deputy : or any Deputy 
 Sheriff or Police Officer in the Territory of Hawaii : 
 
 You AEE COMIiIANDED TO SUBPOENA: 
 
 Wai Chueng Kong and jSTaokichi Misokami 
 
 to appear at the Eooms of the Public Utilities Commission in the Kauikeolani 
 Building, at Honolulu, before said Public Utilities Commission on the 17th day 
 of July, 1915, at 10 o'clock A. M., to testify as Avitnesses in the above entitled 
 matter. 
 
 Hereof fail not, and of this process make due return. 
 
 Witness the Public Utilities Commission of the Territory of Hawaii, this 
 14-th day of July, 1915. 
 
 CiiAKLES H. Forbes, 
 
 Chairman. 
 
 Served the within Subpoena by reading the same to the within named 
 Wai Chueng Kong and Naokichi Misokami at Lahaina, Maui County, this 
 15th day of July, "1915. 
 
 C. R. Lindsay, 
 
 Deputy Sheriff. 
 
 PuBEic Utilities Commission, Teeritoey of Hawaii. 
 
 SUBPOENA. 
 
 Issued at 9:30 o'clock A. M., July 14, 1915. 
 II. P. O'SuLLivAN, Secretary. 
 
 Returned at 2 :30 o'clock P. M., July 15, 1915. 
 TI. P. O'SuLLivAN, Secretary. 
 
 Mutual Telephone Co., Ltd., (Wireless Dept.) 
 
 Honolulu, Office, July 15] 15. 
 
 To: 
 
 Sheriff Ceowell 
 Maui 
 
 Instruct Henry P. O'Sullivan to summon .Air. and Mrs. Saft'rey to appear 
 lieftii'c I'uhlic Utilities (^ommissioiL 
 
 ClIAELES K. FoEBES, 
 
 Chairman. 
 
 52 
 
Before the Public Utilities Commission in and for the 
 Territory of Hawaii. 
 
 In the Matter of the Investigation of 
 an Accident to a Boat of the Inter- 
 Island Steam jSTavigation Company, 
 Limited, and to the Passengers there- 
 in at Lahaina, Maui, on or about 
 May 1, 1915. 
 
 SUBPOENA. 
 
 The Territory of Hawaii : 
 
 To THE high sheriff of the Territory of Hawaii, or his Deputy: the 
 Sheriff of the City and County of Honolulu, or his Deputy : or any Deputy 
 Sheriff or Police Officer in the Territory of Hawaii : 
 
 You are commanded TO subpoena: 
 
 Papu Saffrey, 
 
 to appear at the Eoonis of the Public Utilities Commission in the Kauikeolani 
 Building, at Honolulu, before said Public Utilities Commission on the 17th day 
 of July, 1915, at 10 o'clock A. M., to testify as witnesses in the above entitled 
 matter. 
 
 Hereof fail not, and of this process make due return. 
 
 Witness the Public Utilities Commission of the Territory of Hawaii, this 
 14th day of July, 1915. 
 
 Charles R. Forbes, 
 
 Chairman. 
 
 Served the within Subpoena by reading the same to tlie within named 
 Papu Saffrey at Olowalu, County of Maui, Terr, of Haw., this 16th day of 
 July, 1S15. 
 
 John Ferreira, 
 Deputy Sheriff, County of J\rani. 
 
 Public Utilities Commission, Territory of Havvaii. 
 
 subpoena. 
 
 Issued at 9:30 o'clock A. M., July 14, 1915. 
 H. P. O'SullivaNj Secretary. 
 
 Returned at 11:55 o'clock A. M., July 10, 1915. 
 H. P. O'SuLLiVAN, Secretary. 
 
Transcript of Tes- BeFOKE THE PuBLIC UTILITIES COMMISSION IN AND FOE THE 
 
 timony Given at TeKKITORY OF HaWAII. 
 
 Hearing's Held on 
 
 July 16 and 19, ^^^^ Mattev of Investigation in re Death by Drowning of Uslii Kuwaye and 
 
 Chow Soy, Through the Overturning of a Boat of the S. S. Kilauea of 
 the Inter-Island Steam Navigation Company, at Lahaina, Maui, May 
 1st, 1915. 
 
 TRANSCRIPT OF TESTIMONY TAKEN BEFORE THE COMMIS- 
 SION AT HONOLULU, H. T., ON THE. 16TH AND 19TH DAYS 
 OF JULY, 1915. 
 
 COMMISSIONEKS : 
 
 Charles R. Forbes, Chairman, 
 J. N. S. Williams, 
 A. J. Gignoux. 
 
 Appearances : 
 
 For the Commission: 
 
 Deputies Attorney General A. G. Smith and L. P. Scott. 
 
 For the Inter-Island S. N. Company : 
 
 Messrs. E. W. Sutton and L. J. Warren. 
 
 JULY 16, 1915. 
 
 The Connnission was called to order at the hour of two o'clock p. in.. 
 Chairman Forbes presiding, and all the members of the Commission being 
 present. 
 
 There were also present Deputy Attorney General Arthur Smith, repre- 
 senting the Territory of Hawaii, and Mr. E. W. Sutton, representing the firm 
 of Smith, Warren & Sutton, attorneys for the Inte'r-Island Steam Navigation 
 Company. 
 
 The following proceedings were then had and testimony taken : 
 27(6 Chair-man: The purpose of this hearing is to take up the question of 
 the accident that occurred at Lahaina on May 1st, of this year. I think we will 
 suspend the reading of the minutes of any previous meetings and likewise we 
 will suspend the reading of any evidence other than the Coroner's findings. 
 Will you read them, Mr. Secretary ? 
 
 The Secretary thereupon read the tindings or verdicts of the Coroner's in- 
 quests. 
 
 Tlie Cliainiiaii: We will call Mr. Penhallow as the first witness in this 
 
 case. 
 
 Hon. H. B. Penhallow 
 
 was called as a witness, was duly sworn, and testified as follows: 
 By Mr. Forbes: 
 
 Q. What is your full name? 
 
 A. H. B. Penhallow. 
 
 Q. Your place of residence? 
 
 A. Wailuku. 
 
 Q. Were you aboard the Kilauea on the night of this accident? 
 A. I was. 
 
 (}. Tell us. the position of the vessel at nine or nine-thirty, at the time 
 of the accident, between nine and nine-rhirty, to the best of your knowledge.- 
 
 54 
 
A. She -was lying at about lier usual anchorage, I should say. 
 Q. The vessel was lying at her usual place ? 
 
 A. About that. I couldn't say definitely, but they came in there some- 
 where near the buoy. 
 
 Q. Plow far was the vessel from shore, do you think ? 
 
 A. Well, that is jiretty hard to say. I don't think she was any unusual 
 distance; at the usual place they come to anchor. It varies from time to time. 
 She was some little ways below the buoy, I should say. 
 
 Q. Did you notice any commotion on the vessel as the passengers diseni- 
 barked in the small boats? 
 
 A. N'othing unusual. 
 
 Q. You were in the first boat, were you not, Mr. Penhallow ? 
 A. I was, with my wife. 
 Q. How many passengers were in this boat ? 
 A. I really couldn't sa,y — half a dozen or so, perhaps. 
 Q. How long did it take you to make the trip from the Kilauea to the 
 wharf ? 
 
 A. Well, I couldn't state the exact number of minutes. 
 Q. Approximately ? 
 
 A. It was not any unusual time. We came in the usual way as fast as 
 the crew could row us. It was an ordinary crew. 
 
 Q. Had you ever been in a boat with some members of tlie crew that 
 were rowung this boat, and did you know any of them so as to recognize them ? 
 
 A. I couldn't say. Perhaps, possildy, the freight clerk, but the crew I 
 couldn't say definitely. 
 
 Q. Describe the weather, please, on this night. 
 
 A. Well, it was an ordinary landing, neither rougher than usual or calm- 
 er. I should say it w^as just an average night there at Lahaina. I know I made 
 inquiry on the boat. I had heard they lost a boat the night before, and wlien 
 we got opposite Lahaina I asked the purser, who was standing at the gangway, 
 how the landing was, and he looked ashore and saw no red lights, and said it 
 was all right. 
 
 . Q. You have made many trips from vessels at ]^ahaina before 'i 
 A. Yes ; quite a number. 
 
 Q. Have you ever experienced any rougher weathei- tlinii yon did on tliis 
 particular night ? 
 
 A. Oil, yes, sir; much rougher surf. 
 
 Q. Did all the passengers iu vonr bont liiiid s;if(>lv at the wliarf ? 
 A. Yes. 
 
 Q. Where were you when you heard the cries for hel]) ? 
 A. Standing on the wharf waiting for my baggage to come ashoi'c. 
 Q. Was your baggage in the first boat ? 
 .^A. It was. 
 
 Q. IIow long after yon arr"iv('(l befoi'e you heai'd the cries for lii'lp? 
 
 A. The boat was not ycf nnloaded. 
 
 Q. The first l)oat was not yet nnlonded ( 
 
 A. No. 
 
 Q. What was done fi'oiii sliorc Mint yon saw lowai'ils going lo llic i-clicf 
 of the distressed boat ? 
 
 A. As near as I can rememl)er T liclicvc tlic men in ihe boat licard llic 
 cry first and they started aAvay from the landing Ix'foi'c we really reali/.eil llie 
 other boat was iu tronble, bnt they called asliore lhal tlie boat hail cajisi/ed or 
 
soniething like that and several parties started out in small skiffs over to the 
 other boat ; and there were a number of machines there, and after we realized 
 that there was a boat in trouble the machines were turned around and we turned 
 the lights on the surf. 
 
 Q. Had youi' baggage been discharged from the boat!' 
 
 A. It had not. 
 
 Q. It had not? 
 
 A. ISTo; and, if I remember correctly, I think some of the mail still re- 
 mained in the boat. 
 
 Q. And the first boat pulled away from the Lahaina wharf for the rescue 
 with some of the baggage and the mail still in the boat ? 
 
 A. Immediately. They didn't wait for anything. 
 
 (}. And vou were there when the boat came back ? 
 
 A. Yes. ' 
 
 Q. What came back in the first l)oat that went to the rescvie ? 
 
 A. As I recollect, that boat didn't come back immediately, but I think a 
 man named Devauchelle brought a woman and a child ashore or a child, and 
 then later I think Mr. Saffery and his wife came ashore in the big boat. I am 
 not exactly clear. It was rather a confusing time and I didn't watch very care- 
 fully to see who came there in the boat. I know everything w^as done by the 
 Inter-Island boat crew and those on shore to get the people in trouble out of the 
 surf. 
 
 Q. How do you know that? 
 A. By observation. 
 
 Q. Was it light enough to see what the first boat was doing at the rescue ? 
 A. We could see them out there dimly from the lights of the machines, 
 and my recoljection is that they brought those two people ashore. 
 Q. You could not see the operations ? 
 
 A. I could not see the operations. W^e could see the dim appearance of 
 the boat out there. 
 
 Q. Was you there when the second boat came in, the uptairned boat ? 
 A. It didn't come in to the w-harf, according to my recollection. 
 Q. You didn't see the second boat at all, then ? 
 
 A. My recollection is I did not see it ; that is, close by. I think later on 
 we saw it close in by the end of the stone wall down there towards the beach. 
 
 Q. Did you see any of the passengers of this second boat ? 
 
 A. I saw Mr. and Mrs. Saft'ery or whoever was brought ashore — a little 
 child and a Japanese woman. 
 
 Q. Mr. and Mrs. SaiTery and a child — Mrs. SatTery's child? 
 
 A. ISTo ; I think it was a Japanese child. 
 
 Q. And a Japanese woman ? 
 
 A. Yes; and possibly a man. I really cannot say. There were a n\un- 
 ber of people waiting, some of the rescuing party and passengers, and not know- 
 ing any of them — the only' reason I know that woman Avas in the boat it was 
 told me she was one that was bi'ought ashore. 
 
 Q. How long did you remain on the wharf after this accident? 
 
 A. Shortly after tlie other boat came back and I got my baggage; and 
 alxMil tliat time lliev r('])()rted someone had been washed ashore at Mr. Zetdwitz' 
 ])bu'e. 
 
 (}. Did you see the remains? 
 
 Q. No, sir; I did not. I sim]dy heard they found someone. 
 Q. Did you see any of the small boats that went to the rescue come back 
 with any of the passengers? 
 
 50 
 
A. I saw this Devaiiclielle. 
 
 Q. He came back in a boat other than an Inter-Island boat ? 
 
 A. Other than an Inter-Island boat. He had a small skiiT there, and 
 there were several skiffs and sampans went ont with J apanese. 
 
 Q. Do you know whether or not the Inter-Island boats brought any of the 
 distressed passengers back to Lahaina or not? 
 
 A. As I say, my recollection is that Mr. and Mrs. Satt'ery were brought 
 back. They were brought later than Devauclielle. He was the first to come in, 
 as I recollect, and the Inter-Island boat brought these two in ; and these sam- 
 pans were around there for some time and the Inter-Island boat went out the 
 second time. I am not certain ; that is my recollection. 
 
 Q. Were there any Japanese men or women in this boat, or Chinese, in 
 the first boat that you were in, when it got alongside the wharf ? 
 
 A. That I couldn't say. 
 
 Q. You don't know whether there was ? 
 
 A. I don't remember who was in the boat. Mr. Eobinson was with me. 
 Q. Was there any confusion in this boat ? 
 A. ISTo confusion. 
 
 Q. confusion when you disembarked? 
 
 A. ISTo. You know how when you get to the landing you get out of the 
 boats. There was no Tinusual roughness at the landing. 
 
 Q. In your experience of traveling back and forth there have you ever 
 seen Asiatic passengers abused in any way ? 
 
 A. l^o. They are told to hurry along, the same as you tell anyone else 
 to hurry along if they stand on the gang^vay blocking progress. 
 
 Q. Have you ever seen them abused aboard the vessel as deck ])assengers ? 
 
 A. I have never been down where they are taken care of. My observa- 
 tion is they are not abused. 
 
 Q. Did you have any conversation about this accident with any of the 
 Inter-Island officials after the accident ? 
 
 A. No. 
 
 Q. None ? 
 
 A. Not to my recollection ; I haven't seen any of them. 
 By Mr. Williams: 
 
 Q. Mr. Penhallow, you were in the first boat that left the Kilauea ? 
 A. Yes. 
 
 Q. Do you know how long after you left the shi]) the secdiid boat left ? 
 
 A. Why, not very long after, I sliouhl say, l)ecause that second boat ca|)- 
 sized before our own Ijoat unloaded ; so it could not have been very long after- 
 wards. It followed the usual course. 
 
 Q. You came in in the usual course? 
 
 A. As I remember it, we were a little l)it l)elo\v tlie entrance, that is, the 
 channel, and then before we got to tlie channel my recollection is that tlie lioat 
 turned and rowed u]i until they got to the usual place to go iu aud wcut idi;lit 
 in the channel, but, as 1 remember it, we were a little l)it hclow the cliaiuicl. 
 
 Q. The course steered by your boat was not directly before llie cliniiiicl { 
 
 A. That is my recollection. 
 
 Q. And wlien you neared the channel 
 
 A. (Interrupting.) Then it went towards Olownln and wcul in. 
 Q. Then you were on the Olowalu side ? 
 
 A. No; the Kaanapali side. The steamer, as I remendx'i' it, was a litllc 
 below the channel. fSonietinios they anchor ii]) fni'thcr aud somct inics down 
 below. I don't know — just where they hapixii lo conic lo. 
 
By Chairman Forbes: 
 
 Q. What was the weather conditions at this time? 
 A. In what way ? 
 
 Q. The weather from the time you left tlie vessel ? ' 
 A. It was not a rough night. 
 
 Q. Was it raining or blowing ? " 
 
 A. No; it was not raining and it was not unusually windy. 
 
 Q. What kind of a sea was running? 
 
 A. There was no sea. I considered it a good night to land. 
 Q. Did you observe the light on the wharf as you went in? 
 A. Just the lights there. There Avere no storm signals, if that is what 
 you mean. 
 
 Q. jSTo; any light on the wharf or the beach ? 
 
 A. I could make out the landing. That is how I happened to know we 
 were a little bit below the channel. 
 
 Q. Then it was not the usual course? 
 
 A. I really can't say. They lay in at different places. Sometimes they 
 are further towards Olowalu than others. I should imagine it was the usual 
 course. 
 
 Q. Could you see the waves plainly ? 
 
 A. We could make out the line of the surf. It was a starlit night. You 
 could see that at quite a distance. 
 
 Q. What do you know about the loss of the night before ? How was that 
 boat lost ? 
 
 A. That I could not say. I was told it was lost on the Olowalu side on 
 that little breakwater there by the wharf. I don't know, of my own personal 
 observation. I simply heard that is where it was lost. 
 
 Q. Do you know whether this boat contained passengers or freight that 
 was lost the night before ? 
 
 A. I don't know anything about this. I just happened to hear this by 
 conversation on the steamer, and that is the reason I asked the piirser whether 
 the landing was all right. 
 
 Q. Could you see the capsized boat from the landing? 
 
 A. Well, after the automobile lights were turned on we could make out 
 the ap])earance of the people out there, and later we could see the capsized boat 
 floating in some distance below the landing. 
 
 Q. How far would you say that boat was away from the wharf ? 
 
 A. That is rather hard to say. It was over a hundred yards, that is, I 
 presume it would be. It was far enough out you could ]Tist make her out as she 
 came in. 
 
 Q. You stated that the Inter-Island did everything in their power to expe- 
 ditiously rescue these people. 
 
 A. Certainly ; they went right out. 
 
 Q. But you could not see, though, the perfoi-mance of their work? 
 A. Well, they must have done something to get these people ashore in 
 that boat. 
 
 Q. It is also true that some of the small boats brought passengers in ? 
 A. Certainly. Everyone went out that could. Men even jumped over- 
 board from the wharf and swam out. 
 
 Q. Did the Inter-Island men jump out ? 
 
 A. The Inter-Island crew I think went in the boat, or enough to man the 
 bout nnvliow. 
 
 58 
 
Q. Was Mr. Dunn on the wharf this night, do you know, of your own 
 knowledge ? 
 
 A. I could not say. I presume he was. He is there every night. 
 By Mr. Gignoux: 
 
 Q. Mr. Penhallow, in your judgment was the boat anywhere near the 
 surf or the breakers when it capsized ? 
 
 A. It capsized in the breakers. 
 ■ Q. Eight in the breakers ? 
 
 A. I should say so, because if you once get in there the boat is bound to 
 capsize or swamp. That would be my judgment. I don't know, because we 
 didn't see it. We didn't know it was capsized until we heard them calling and 
 then we could distinctly hear them hollering. 
 
 Q. And you didn't notice whether it was opposite the channel where you 
 came in 1 
 
 A. It was below the channel. I was trying to locate the sounds and 
 soimds came possibly from a hundred yards or so below the channel. 
 By Mr. Smith: 
 
 Q. What is below ? 
 
 A. The Kaanapali side. The wind goes down that way and the boat 
 would drift towards the land. 
 
 Q. In your casual observation, what would you say was the condition of 
 the crew of your boat, the boat in which you went ashore ? 
 
 A. Whv, normal. 
 
 Q. Sober ? 
 
 A. Why, yes. There was nothing to mark them any different from any 
 other trip. The boat-steerer was looking out from the boat and when he found 
 he was below the channel he went ahead. 
 
 Q. Do you know this boat-steerer that was in your boat ? 
 
 A. No ; I do not. I could not recognize anybody who was in the boat, 
 because there was nothing imusual going on to call my attention to who was in 
 the boat at all. 
 
 Q. Do you consider Lahaina an unsafe place to land at all times, irre- 
 spective of the weather ? 
 
 A. Well, there are times when it is perfectly safe to land, but it is very 
 hard to say from hour to hour when it is safe to land. It is a very treacherous 
 landing there. The breakers conae in there and it is a dangerous landing. 
 
 Q. You have disembarked there a number of times 'i 
 
 A. Oh, yes. 
 
 Q. Have you ever been in a boat yourself when they had an accident ? 
 A. I have gotten wet in a boat, but never had to swim ashore. 
 Brj Mr. Sutton: 
 
 Q. Mr. Penhallow, you sjioke of the crew as being an ordinary crew. 
 What nationality ? 
 A. Hawaiians. 
 Q. All of them ? 
 
 A. That I could not say, but the majority of them were. The most of 
 them were Hawaiians, according to my recollection. 
 
 Q. Do you know what the crew of the other boat was ? 
 
 A. I do not. I understood they were Hawaiians. 1 really don't know. 
 The boat-steerer i didn't see, but I understood he was a Hawaiian because in a 
 conversation there they spoke about this fellow going underneatli the boat and 
 getting, I think, this child lhat Devanchclh' l)r(inght ashdro. 1 am udt abso- 
 
 59 
 
lutely sure. That is what was told uie here. I don't know other than that. 
 Q. That was told you on the wharf ? 
 A. Yes; at the time. 
 
 Q. You spoke of several boats going out to get the passengers and assist- 
 ing in bringing them in. 
 
 A. Well, those were the small 
 
 Q. (Int.) With the exception of the boat of Devauchelle, which I under- 
 stand brought back two passengers 
 
 A. (Int.) I understood a child and a wahine. 
 
 Q. With the exception of that boat, did you see any other boat than that 
 bring any passengers in? 
 
 A. My recollection is that the Japanese boats did not bring any passen- 
 gers in. 
 
 Q. Do you think that all of the other passengers that were brought 
 ashore came ashore in Inter-Island boats ? 
 
 A. That I could not say. I don't remember of seeing any one of the 
 Japanese boats bringing in any passengers. That is, they didn't come back to 
 tlie landing. They might have been down there at the beach ; but I imderstood 
 that some of the people waded ashore. That is only a matter of hearsay. 
 
 Q. WTien you first learned of the accident having occurred where was the 
 Inter-Island boat that you came in on ? Was that still at the wdiarf ? 
 
 A. It had not discharged its freight, that is, baggage and mail. They 
 were in the act of imloading it. 
 
 Q. The crew, then, got knowledge of the accident having occurred there 
 before or at the same time that you did ? 
 
 A. Well, I think they heard the cries first, because what attracted my 
 attention to it was seeing the boat start away from the wharf, and then we 
 could hear cries for assistance. 
 
 Q. Was there any effort made at speed on the part of this boat crew ? 
 
 A. AVell, I should say they got away as fast as they could. 
 
 Q. How long a time, do you know, elapsed between the time of the acci- 
 dent and the time at which the boat in wdiich you came ashore in came back 
 with the passengers who had been rescued ? 
 
 A. W^ell, that is pretty hard to say because the boats were 
 
 Q. (Int.) Just approximately ? 
 
 A. Possibly fifteen or tw-enty minutes, but my recollection- is they went 
 back again ; that they didn't finish their work. They were hunting around for 
 some time. You see, after they came in with the passengers they checked up 
 and I think found that two were missing, and then they -went back and con- 
 tinued their search to try and locate those other people, because we inquired 
 from time to time of people on the wharf, and Mr. Weinsheimer was very active 
 in helping. 
 
 Q. You said — you spoke of the boat being capsized about a hundred 
 yards below the channel. Do ^'•ou mean that the boat capsized a hunderd yards 
 below the channel or that that was the place \\-here you located the people calling 
 for help ? 
 
 A. Tliat is what I mean. Of course I don't know where it capsized. 
 Q. Y(m don't know how close to the channel it capsized 'i 
 A. I have no idea. 
 
 Q. And that point was also ahoul a liuuih'cd yai'ds awav from the wharf ? 
 A. I should say so. 
 
 Q. In wliich direction was the wind l)lowing, the direction in which the 
 ca])sizcd boat liad di-ii'tcd away from tlie channel? 
 
 r.o 
 
A. I should say that was the direction — blowing down the coast. It was 
 not a strong wind. 
 
 Q. When you left the Kilauea in the first boat what course was taken — 
 around the stern of the Kilauea or around the bow ? 
 
 A. That I couldn't say. I don't recollect. I couldn't say. 
 
 Q. Do you recall how far below the usual anchorage the Kilauea was 
 that night? 
 
 A. Well, about in the usual anchorage. It was not so very far below 
 because the steamers coming in there sometimes — well, they anchor about the 
 same locality from time to time. This was probably half a ship's length below 
 where she sometimes anchors, perhaps more, but not imusually far. 
 
 Q. You have traveled a good deal there, have you, Mr. Penhallow — on 
 various Inter-Island Steam Kavigation Company boats to Lahaina? 
 
 A. Yes ; I have a number of times each year for the past thirteen years. 
 
 Q. How about sudden waves coming in, of which you would not^ get any 
 warning? Have you ever noticed or heard, rather — have you ever noticed any 
 waves coming in which suddenly broke in places that you Avould not expect a 
 wave to break in ? 
 
 A. Well, there is a certain place there in the channel where the waves 
 break when they come up. 
 
 Q. Where is that, near the anchorage or near the shore ? 
 
 A. I think it is near the shore, about on a line with the reef, is my recol- 
 lection. 
 
 Q. About the point of the reef? 
 
 A. Somewhere around there. I have been fortunate not to be there 
 very many times when it was rough. 
 
 Q. In what way were you able to ascertain you were out of the usual 
 channel that evening? 
 
 A. It seemed to me that we were heading for the breakers when we started 
 in and I was on the point of making a remark about our course when the boat- 
 steerer turned towards Olowalu. 
 
 Q. What was it made you think so? . 
 
 A. I could see the line of the foam. 
 
 Q. Was there any particular noise from the breaking of the waves on the 
 
 reef ? 
 
 A. The usual noise, but that didn't attract my attention. 
 
 Q. Was it a continuous noise or every now and tlicn when a wave broke ? 
 
 A. That I couldn't say. 
 
 Q. How close were you in your boat to the reef when the turn was made ? 
 Q. We were not very close in. 
 Q. Fifty or one hundred feet? 
 
 A. 'No; not as close as that, I think. I noticed the waves there and I 
 thought we were not heading for the channel and we were not dangerously 
 close, but nothing attracted my attention to the fact — that is all. 
 
 Q. How wide is the entrance to the channel, Mr. Penhallow ? Would you 
 say it was the length of the Kilauea? 
 A. ISTo ; I should say not. 
 
 Q. Less than that ? Half of that ? 
 
 A. It is possibly, well, a hundred feet, i may lie niistnkcn. I am ikiI 
 absolutely sure about it. Jt is not a very \vi<lc entrance. 
 
 Q. And does it widen as it goes in or nai'i'ow, when it (■(uncs close in l.i 
 the wharf ? 
 
 A. Well, it is pretty narrow. It is a ])retty naiTow clianncL Well, lliere 
 
is a breakwater on the Olowalii side and the breakers are not very far on the 
 Kaanapali side of the wharf. It is a very narrow lane. 
 
 Q. At that point it is probably no more than fifty feet wide Would 
 you say fifty feet or more 
 
 A. Well, it is somewhere around fifty feet, perhaps seventy-five. 
 By Cliairman Forbes: 
 
 Q. Mr. Penhallow, you say your boat got away from the wharf as fast as 
 possible. How fast would you say ? 
 
 A. As fast as the men could jump from the wharf that were helping get 
 the mail out and the men could get hold of their oars and push out. 
 
 Q. How soon after the first l)oat got away from the wharf did you know 
 there were two people lost ? 
 
 A. Oh, that was some time. 
 
 Q. How long would you say, an hour ? 
 
 A. No ; not that long. Time at that time was hard to keep track of. 
 Q. Weil, you know what time you landed there at Lahaina 
 A. Yes. 
 
 Q. And you know about the time you got home ? 
 
 A. Well, we were there on the wharf about an hour altogether, I should 
 
 say. 
 
 Q. And in half an hour you knew there were two persons lost? 
 A. Possibly in that time. 
 
 Q. What was the surf at the entrance ? Did you notice whether the surf 
 at the entrance was very heavy ? 
 
 A. It was not breaking across the channel is my recollection, but that is 
 not saying that it didn't break immediately after we^came in. 
 
 Q. We are speaking of your boat now? 
 
 A. Our boat came through. 
 
 Q. Witho\it any noticeable surf ? 
 
 A. It was not a bad landing. 
 
 Q. You have landed in much better weather, have you ? 
 A. I have landed there in a dead calm. 
 By Mr. Smith: 
 
 (^. You were speaking about the wind. Was that strong at all? 
 A. Ko; it was just the land l)reeze that blows there in the evening. It 
 was not an unusually strong wind. 
 
 Q. In which direction does that come from ? 
 
 A. According to my recollection, it was blowing down towards the chan- 
 nel, towards Kaanapali, but not directly down. It is a kind of an offshore 
 l)i"eeze. 
 
 Q. A southerly wind ? 
 
 A. I^o ; an easterly wind, 1 guess; an easterly wind, I should say. 
 
 (). Is there any difference in the surf there when the wind is to the east- 
 ward and when it comes from the soiith or southwest? 
 
 A. Well, the southerly wind brings up the surf from the seaward side, 
 and that is the time when it is particularly dangerous. An offshore breeze there 
 is not one tliat would stir up the surf, but it is hard to say. There might be a 
 surf come wv from outside, from a storm ott'shore somewhere, and yet the wind 
 be cntirclv (litt'ci'cut tlicrc at T.ahaina. 
 
 (}. Aiul llic siii'f that broke in llic cliainu'] you might or you might not 
 not ice il at the wharf ( 
 
 A. ^'(■s; and tli(> rliaiiccs arc il would not be caused l)y tlie lu'eeze there. 
 Sonic (Mitsidc (listui-baucc at sea would cause the surf there. 
 
 C)2 
 
Q. I am referring to the night you were there. 
 
 A. It might be a breaker that broke across the channel outside and no- 
 body on the wharf noticed it. 
 
 Q. Is this channel entrance sutficiently distinguishable from the line of 
 the surf there so that you could notice it before you reached it coming from the 
 ship towards the shore ? 
 
 A. My observation was we were not opposite the channel. On a night 
 when it is breaking clear across I would not attempt it myself. 
 
 Q. By what means would you distinguish it — you yourself ? 
 
 A. You would take the position of the wharf for one thing and tlie chan- 
 nel buoy for another. 
 
 Q. The channel buoy is on the outside of the channel ^ 
 
 A. Well, it is on the Olowalu side. 
 
 Q. And you can always make the channel buoy before making tlie chan- 
 nel — you can always see it from the steamer ? 
 A. Yes. 
 
 Q. Have you any idea how. far away from the channel you were when 
 you started to call the attention of the boat-steerer ? 
 
 A. Well, I didn't call anybody's attention to it. It simply occurred to 
 me that we w^ere below it. 
 
 Q. Well, answer the question with reference to that. 
 
 A. You mean how far were we below the channel ? 
 
 Q. Yes. 
 
 A. I^ot very far below, just far enough to claim my attention, to call my 
 attention to the fact that we Avere not directly opposite. I presume the boat- 
 steerer went in far enough until he located the surf and then followed it up to 
 get opposite the channel. 
 
 Q. Do you know whether the second boat which came in followed your 
 course at all or not ? 
 
 A. I do not. 
 
 Q. As a matter of fact, it was too far behind for you to see it ? 
 A. I don't remember seeing the other boat at all. In fact, I was not 
 looking for it. 
 
 Q. ISTow, with reference to this place in the channel where it is about 
 seventy-five feet wide, which I think you spoke of, can you give any idea as to 
 aboiit where the other boat capsized or where it was when you first heard the 
 cries ? 
 
 A. Well, a little bit outside of that. 
 Q. Outside of that ? 
 
 A. Well, the channel may be seventy-five feet wide all the way out. I 
 am simply just guessing at those figures. Possibly if I went back and looked 
 I Avould change my ideas altogether, but the position of the breakers and the 
 breakwater at the end of the Avharf. that is possibly the width of the cliauuel. 
 It may be narrower. I couldn't say. I had no particular I'eason to think of 
 the chaimel that night l^ecause we were comine; in ap]iarently in tlie usual way. 
 
 Q. Naturally. Eiit I understood yon, in answer to duo of Mr. Sutton's 
 questions, to refer to a point where tlie cliannel is narniwcr than at otlier 
 places. 
 
 A. Yes, sir; about half way between the outside line of lircakcrs jiml 
 the wharf. 
 
 Q. And my question was dii'ected to thnl location as trying to ascertain 
 how far from that point the boat was when yon beard the cries. 
 
 63 
 
A. Well, the boat was out in what I would say is the line of breakers. 
 Q. Out further towards the sea? 
 
 A. Out further towards the sea. Of course, it may be that the channel 
 does not vary in width at all all the way out. 
 By Mr. Warren: 
 
 Q. You made reference to the channel buoy. Do you mean the buoy out- 
 side and opposite the channel? 
 
 A. There is a buoy out there where the Mikahala anchors. She lies well 
 inside of that. That is the buoy I referred to. That does not mark the chan- 
 nel. I think it marks the anchorage. I don't think it is an actual buoy locating 
 the channel but a buoy which defines the bottom and not the channel. 
 
 Q. And how far would you say that is from the mouth of the channel, 
 approximately ? 
 
 A. Well, that is pretty well out. It is in the locality where the steamers 
 anchor. I couldn't say just how far it is. I think when the boats come down 
 from Hawaii they anchor on the Olowalu side, and the boats coming up anchor 
 on the Kaanapaii side, and the Mikahala always seems to anchor in between 
 that buoy and the landing, a little bit towards Olowalu. 
 By Mr. Smith: 
 
 Q. Mr. Penhallow, at the place where you distinguished the boat when 
 yoLi heard the cries is the surf usually running there-? 
 A. Yes, that is the reef. 
 
 Q. And there are always breakers over there ? 
 
 A. Well, I presume there are. If it is calm weather they might come in 
 without breaking, but it is not the channel. I presume it is breaking there all 
 the time. 
 
 Q. You haven't any idea how strong the current is there, referring to its 
 velocity ? 
 
 A. I haven't any idea. I believe some current sets down there towards 
 the coast. 
 
 Q. You mean towards Kaanapaii? 
 A. Yes. 
 
 Hon. Wm. T. Eobinson, 
 being called as a witness, was didy sworn, and testified as follows: 
 
 By Chairman Forbes: 
 
 Q. What is ymw full name, Senator Robinson? 
 
 A. AVilliani T. Rol)inson. 
 
 (). And vdin- ]dace of residence? 
 
 A. Wailuku. 
 
 Q. You engaged passage on the Kilauea for Lahaina on the night of this 
 accident, on May the 1st? 
 A. Yes. 
 
 Q. Or on the ni-i'ht of the Slst? 
 A. Yes. 
 
 Q. Can vou tell us the position of the vessel wlien she got to her anchor- 
 age off Lahaina ? 
 
 A. Just a littk^ bit below, just about a little bit below the anchor light, 
 that is. a little Ix^low the gas buoy tbcy liav(> there. 
 Q. The liglit buoy ? 
 
 A. Yes; just towards the Kaanapaii side. 
 
 Q. Was the locatiou any different than you had notic^'d before in your 
 trips to Lahaina ? 
 
 64 
 
A. ' ISTo ; not that I noticed. 
 
 Q. Did you pay any attention to the locality ? 
 
 A. I did not particularly. 
 
 Q. You didn't observe any difference in the anchorage at that time than 
 you had before? 
 
 A. It varies. That is, when I go there some boats anchor before that 
 light buoy and some below. 
 
 Q. You was ready to diseml)ark as soon as the ship anchored ? 
 A. From the steamer? 
 Q. Yes. 
 
 A. Yes ; I went in the boat there from the steamer. 
 
 Q. Tell us who was in this boat, the names of the passengers in this boat 
 with you — those that you know. 
 
 A. There was myself, Senator Penhallow and Mrs. Penhallow, Wai- 
 aholo and Kaluakini, and, if I am not mistaken, two other persons. 
 
 Q. Were they Oriental passengers ? 
 
 A. I am not sure. I don't know myself, but I know six or seven was in 
 the boat. 
 
 Q. What was the weather conditions on this night ? 
 A. Well, the weather was very fair. 
 
 Q. And what was the character of the sea? Was it rough or was it 
 smooth ? 
 
 A. ; there was a little low tide I think. 
 Q. There was a little current? 
 A. There was a little current. 
 
 Q. How fast a current Avould you say ? How fast Avas it ? 
 
 A. Well, when we come in where it is low tide it breaks out Avhere the 
 reef is before coming in the channel, and when we got to coming into the chan- 
 nel where the breakwater or stonepile is we kind of waited there imtil the 
 brakers got through and continued to the landing. 
 
 Q. Could you distinguish the landing from the vessel? 
 
 A. Yes. 
 
 Q. It was perfectly light ? 
 
 A. Yes. Of course it was a dark night, l)ut where the light was 
 
 Q. When the boat left the gangway of tlio ship did the oarsmen imme- 
 diately begin pulling or did the boat drift along? 
 
 A. They left the gangway and went around the stern of the boat and 
 pulled along. 
 
 Q. Did they disembark on tlic lee side of the vessel ? You say they pulled 
 around the stern of the ship ? 
 A. Yes. 
 
 Q. They had to pull this boat iii-oinicl the stern of tlie shi]) ? 
 A. Well, the gangplank is near the stern anyway, and they just ])ullod 
 around the stern and pulled up in the dark. 
 
 Q. Did you know any of the members of the crew of tbc boat? 
 A. I do not. 
 
 Q. You had never seen them before ? 
 
 A. I might have seen them before, but I (loiTl rccclhrt them. 
 
 Q. Do you know whether or not the members of tliis crew had liecii on 
 this trip before? Do you know if at any time they had been in the same crew 
 or boat going to Lahaina ? 
 
 A. I believe so. I am not (juite certain. I couldn't say for certain. I 
 didn't have a very good look at them. 
 
 65 
 
Q. Is it custoiuary for passengers disembarking there to become familiar 
 with the boatmen ; that is, know them well enough to speak to them and call 
 them by name? 
 
 Well, I don't know ; maybe so, bnt I don't know. 
 
 Q. How long did it take the boat you was in from the time it left the 
 vessel until it reached the wharf, would you say ? 
 
 A. Probably about ten minutes, I suppose. 
 
 Q. About ten minutes ? Where was you when you heard the cries of 
 distress ? 
 
 A. I was at my automobile at the outside entrance of the wharf. 
 Q. You were out of the first boat, then, when you heard these cries ? 
 A. 1 was out in the automobile then. 
 
 Q. Had your baggage been discharged from the small boat ? 
 A. No. When I heard the cries I ran back and the crew that was in our 
 boat just pulled away from the wharf and took the mail and all our baggage. 
 Q. How long after they heard the cries ? 
 A. Just immediately. 
 
 Q. Did they take some baggage and mail with them? 
 
 A. They took everything they had. They threw out a few bags of mail; 
 I don't know how many. 
 
 Q. How long before this boat returned to the wharf ? 
 
 A. Well, I suppose somewhere about three-quarters of an hour. 
 
 Q. How long after you heard these cries did you know that there were 
 two persons lost ? 
 
 A. I didn't know it until Sunday morning at Wailuku that there were 
 two persons lost. 
 
 Q. That night you didn't know it ? 
 
 A. I heard they were all found. I heard all the passengers were found, 
 but I never heard any were lost until the next morning. 
 Q. Did you know either of the deceased? 
 
 A. No. ■ ■ ' _ - 
 
 Q. Did you see the Avaves ? Could you see the breakers clearly from the 
 gangway when you pulled away from the vessel ? 
 
 A. Goinff to the wharf we could see the breakers because way out where 
 the reef is the breakers break there. 
 
 Q. You could see the breakers from the vessel ? 
 
 A. On the Kaanapali side of the reef there of course the waves come that 
 way and break right over the reef and makes this spray at low tide. 
 
 Q. Was this boat on the same course usually taken on leaving the ves- 
 sel's side ? 
 
 A. I couldn't say. I didn't see the boat at all. 
 Q. I mean the boat you were in ? 
 A. The boat T was in? 
 
 Q. Yes; the boat you were in. Was it on the same course usually taken 
 (111 going from the vessel to the wharf? 
 A. I think it was. 
 
 Q. Are you familiar enough with the channel to know whether or not 
 tlic boat was on its right course? 
 
 A. I am familiar enough. 1 think he was on his right course — the boat 
 T was in. 
 
 Q. Do you know the approximate width of the channel? 
 A. Wliere the rollers come into the channel with the breakers, about fifty 
 feet, I think. Of course on the other side it is all reef. 
 
 66 
 
Q. What was the condition of the sea at the wharf when your boat came 
 alongside ? 
 
 A. It was low tide and the rollers came up and keep shoving the boat 
 here and there and of course the boat was low in getting on to the wharf — low 
 tide — small currents — shoving the boat up and down. 
 
 Q. In disembarking from vessels at Lahaina did you ever feel anxiety 
 as to a safe landing at Lahaina 'I Did you ever feel 
 
 K. (Int.) At that night I did. Of course the purser told me he had a 
 dump coming down from Hawaii that Friday or Saturday morning, coming 
 down from Lahaina. 
 
 Q. He had some trouble that morning, the purser ? 
 
 A. The freight clerk. 
 
 Q. Was there any mention made to the steersman that he might not be 
 on his right course ? 
 
 A. K"ot that I heard. 
 
 Q. There was no conversation you heard relative to the position of the 
 boat ? 
 
 A. No. 
 
 Q. Do you know the members of the crew of the boat you were m ? 
 A. I might have, but I cannot recollect it that evening. 
 Q. Was there an officer in this boat with you, an Inter-Island officer ? 
 A. The freight clerk. 
 
 Q. And the freight clerk gave no directions to the steersman 'i 
 A. I didn't hear it. 
 
 Q. In your opinion, what do you think of the skill of the crew of your 
 boat as oarsmen ? 
 
 A. I think they were very good men. 
 Q. You think they are good men ? 
 A. Yes. 
 
 Q. And the steersman ? 
 
 A. I think he understands his business. 
 
 Q. Have you ever been communicated with or have you talked this acci- 
 dent over with any of the members of the Inter-Island Steam ISTavigation Com- 
 pany ? 
 
 ' A. 1^0. 
 
 Q. You have not had any conversation whatsoever with any of them? 
 A. ^o. 
 By Mr. Smith: 
 
 Q. Senator Robinson, after you heard the cries, when you were standing 
 at your automobile, you returned immediately down to the wliarf, did you ? 
 A. I did; yes. 
 
 Q. And a minute or two of time elapsed before you I'cachod the wliarf? 
 
 A. Yes; I suppose about a minute. 
 
 Q. Did you go down to the edge of the wharf? 
 
 A. It was pretty crowded ; I went down close to it. 
 
 Q. And when you looked out could you see the capsized boat ? 
 
 A. I could not see anything. It was a dark night. I could licar the yell- 
 ing, and that is about all. 
 
 Q. And could you locate that yelling with reference to the channel ? 
 
 A. Well, the yelling sounded as though it was about a hundred yards, or 
 perhaps not that much; maybe half that much; maybe fifty or seventy-live 
 feet below the channel. I couldn't see anything, but we could liear the yelling 
 from that side. 
 
 67 
 
Q. You had an idea as to the location of the channel ? 
 
 A. Yes. Well, the channel — the reef is on this side and the reef on the 
 other, on the Kaanapali side. 
 
 Q, Did you notice the direction of the wind when you came in ? 
 
 A. Wellj it was coming in tliis direction liere. The hreakers were going 
 towards Kaanapali. 
 
 Q. You mean the wind was coming from the Olowalu side ? 
 
 A. The northeast wind, I suppose. 
 
 Q. A strong wind ? 
 
 A. Not very strong. 
 By Mr. Warren: 
 
 Q. You were asked as to the weather conditions, Mr. Robinson, that night. 
 I would like to ask you if, from your observation, weather conditions directly 
 affect breaker conditions? That is, is there any indicated cause and effect be- 
 tween weather conditions and breakers ? 
 
 A. Sometimes we have bad weather and breakers and sometimes it is 
 prettv good weather and breakers. You can't tell. 
 
 Q. As far as weather is concerned there might be the same weather morn- 
 ing and afternoon and yet be a sudden change of sea, with breakers, even in 
 good weather, as far as weather is concerned ? 
 
 A. Well, when they get a pretty good north storm at Kahului it is just 
 the opposite at Lahaina. Lahaina you can't always tell. Sometimes you will 
 go in and strike good weather and sometimes a roller comes right in. 
 
 Q. Have you in your experience in landing at Lahaina known any times 
 when the sea itself has been comparatively smooth and yet a blind roller or 
 breakers rises suddenly? 
 
 A. Yes ; I have seen it myself. 
 
 Q. Could you say whether or not it is a more or less common thing 
 throughout the islands ? 
 
 A. Well, I have traveled all through the islands and along every shore. 
 Q. Well, more particularly Lahaina ? 
 A. Lahaina, yes. 
 
 Q. At those times have you been able to notice anything to call your at- 
 tention to the fact that a breaker was about to come or was it sudden ? 
 
 A. Well, sometimes you can look from the vessel and you can't see it very 
 well. It does not break right through the surf, but outside it does break, and 
 you find those waves that come in and you take your chances to get in, and 
 sometimes it gets so high you can't get out. 
 
 Q. You said that when you heard the cries you got out of your automo- 
 liile and went down ot the wharf? 
 
 A. I was not in the automobile. 
 
 Q. You said when you heard the cries you went down to tlie wharf ? 
 ' A. Yes. 
 
 Q. At that time you say the boat was going out ? 
 
 A. Well, the boys Avere just pulling out. I guess they got their oars 
 down and ropes cleared. 
 
 Q. x\nd when you said they had thrown out a few mail bags did you mean 
 they stopped to throw those out or lind they thrown those bags out before you 
 got there ? 
 
 A. Well, the passengers got out of the l)oat and the crew commenced 
 dumping their mail bags. 
 
 Q. Wluit I mean is you didn't mean that after they were warned of the 
 fact and knew there was trouble they didn't stop to throw anything out? 
 
 68 
 
A. 1^0, no. What I mean was that they had thrown a few ashore. When 
 they heard the cries of course they ceased landing any. 
 
 Captain Frank M. Berg, 
 being called as a witness, was duly sworn, and testified as follows : 
 
 By Chairman Forbes: 
 
 Q. What is your full name ? 
 
 A. Frank M. Berg. 
 
 Q. And your business ? 
 
 A. Master. 
 
 Q. Of what vessel 1 
 
 A. I am assistant superintendent on the wharf at the present time. 
 
 Q. What was your position on the night of this accident ? 
 
 A. Master of the Kilauea. 
 
 Q. She was not on a regular run ? 
 
 A. No. 
 
 Q. She was on a special rim ? 
 
 A. On a special trip. 
 
 Q. Taking the place of the Maima Kea ? 
 
 A. Yes, sir. 
 
 Q. Are you a licensed pilot, Captain ? 
 A. Yes, sir. 
 
 Q. Describe the position of your vessel on the night of the accident. 
 
 A. We was laying about — we anchored about a half a ship's length ahead 
 of the buoy, and when the chain stretched out we were about half a ship's length 
 below the buoy. 
 
 Q. How long was it since you were in command of a vessel before this 
 particular command you had ? 
 
 A. It was not very long. I forget which vessel I had before then. 
 Q. Well, yoiir regular command of a vessel ? 
 
 A. My regular — I didn't have any regular command. I was from vessel 
 to vessel, relieving captain here as soon as I left the Mauna Kea as first officer. 
 
 Q. You have been acting in the capacity of relieving officer, relieving cap- 
 tain ? 
 
 A. Yes, sir. 
 
 Q. Had you been to Lahaina many times before ? 
 
 A. I have been five years in the Mauna Kea and about a year and a hiilf 
 in the Kinau. 
 
 Q. Where was you when the boat pulled away from the ship's side ? 
 A. I was on the upper deck. 
 
 Q. Were you watching the operations of the crew ? 
 A. I always do that. 
 
 Q. Did you give the order for tlie l)oat to pull away? 
 
 Mr. Warren: May I ask whether the purpose of these questions is to deter- 
 mine whether or not the master is responsible personally for this accident ? If 
 so, may I ask the chairman to instruct the witness that he is not required to 
 answer any questions which rnigiit tend to incriuiinate him in any way, and, as 
 the Commission probably knows, he can't be required to testify in any investi- 
 gation of this sort where anything he might say might l)e used in a federal 
 investigation. 
 
 The Chairman: I will refer that (lucstiou to (he Attorney Geueral, Mr. 
 Smith. 
 
 Mr. Smith: I don't understaud that ihci-e is any (|U('stioii or I lie ciipliiiii's 
 
 69 
 
personal responsibility. I wonld be inclined to think, Mr. Chairman — of course 
 I presume Captain Berg is willing to answer any question that comes up — I 
 would be inclined, however, to say that in an investigation of this sort or an 
 iiivostigation relating to a matter of his pilot's license, that those investigations 
 \\(.ii]d not come within the category of what would be known as incriminating 
 answers. I don't think it would be applicable in such a case as this. I don't 
 beli(>ve tlie chairman could properly give Captain Berg those instructions. If 
 tliero is any authority for the privilege I think 
 
 Mr. Warren: (Int.) As far as the Inter-Island is concerned there is no 
 objection to having the matter fully investigated. 
 
 Mr. Smith: I agree that if there is any possibility that any testimony 
 by Captain Berg would be in the nature of or might have a tendency to cause 
 him to lay himself open to criminal proceedings that Captain Berg ought to be 
 instructed that he does not have to answer any questions of that nature if he 
 does not want to, but I don't think this kind of a proceeding is in that category. 
 
 (The Captain having no ol)jections to testifying, the examination pro- 
 ceeded. ) 
 
 By Cliairman. Forbes: 
 
 Q. Captain Berg, did you see the boat when she was loaded and ready to 
 shove off from the ship's side? 
 
 A. Which, the first or second boat? 
 
 Q. The first boat ? 
 
 A. I saw the first boat all right. 
 
 Q. How many passengers were in that boat ? 
 
 A. About eight passengers, and there was mail in the boat, and their 
 liand baggage of course, as is usual. 
 
 Q. You take passengers, freight and baggage in the same boat ? 
 
 A. That has been the custom. 
 
 Q. That has been the custom — in the same boat ? 
 
 A. Yes, sir. 
 
 Q. Did you mean that there was freight in that boat? 
 
 A. No, sir ; there was hand baggage and there was some mail. Of course 
 the number of bags I don't know. 
 
 Q. Did you watch the movement of the hoat from the time she left the . 
 ship's side until she went in to the wharf ? 
 
 A. 'No, sir; I just watched — as soon as the boat left the ship I assiimed 
 that everything was all right. 
 
 Q. Did you give tlie crew of the boat any instructions before leaving? 
 
 A. No. ' 
 
 Q. Do you know the members of the boat's crew ? 
 A. Yes. 
 
 Q. Do you know them all ? 
 
 A. I know them as the crew of the ship. I know the boat-steerer well. 
 
 Q. This is the first boat we are speaking of, Captain. 
 
 A. The first boat ? I don't know them personally ; no. I know them 
 just as the crew of the ship ; that is all. 
 
 Q. How long after the first boat pulled away did the second boat start 
 away ? 
 
 A. I reckon about fifteen minutes. 
 
 Q. Do you know how many passengers were in that boat ? 
 
 A. Ten passengers. 
 
 Q. Can you give their names ? 
 
 A. No, sir ; I can't give any names. 
 
 70 
 
Q. Did the second boat contain any mail ? 
 
 A. No, sir. 
 
 Q. Captain Berg, I would like to ask you if there were any Oriental pas- 
 sengers in the first boat ? 
 
 A. jSTone that I know of. 
 
 Q. And in the second boat ? 
 
 A. They was all Orientals and one native and two children. There was 
 eight adults and two children. 
 
 Q. Was there a third boat to leave the vessel ? 
 
 A. ISTo, sir. 
 
 Q. Just the two ? 
 
 A. Just the two. 
 
 Q. Where was you — did yon hear the cry ? 
 
 A. ISTo, sir. 
 
 Q. You didn't hear the cry ? 
 
 A. 'No, sir. 
 
 Q. Plow did you get the information ? 
 
 A. When I saw a red light on the wharf. 
 
 Q. What did you do then ? 
 
 A. I turned on the searchlight and sent a boat asliore under Purser 
 Tliompson in charge of the boat. 
 
 Q. You didn't send a regular officer ? You sent the purser ? 
 
 A. He always goes ashore there. 
 
 Q. Did your searchlight respond inunediately when you turue<l the cur- 
 rent on ? 
 
 A. Yes, sir. 
 
 Q. And the searchlight was in perfect working order ? 
 
 A. Yes, sir ; as far as I could see. 
 
 Q. What did you do when you heard that there was trouble or ])ilikia ? 
 
 A. As I told you, I sent a boat ashore to find out what the troiible was. 
 
 Q. You sent a boat ashore to find out what the trouble Avas ? 
 
 A. Yes. When the boat came l)aek Purser Thompson said the second 
 
 boat was swamped, and I sent the second officer, O. W. Olsen. 
 
 Q. Are the boats supplied with life preservers? 
 
 A. ISTo, sir. The row-boats, you mean ? 
 
 Q. Yes. 
 
 A. l^o. 
 
 Q. Were the oars in good shape ? 
 
 A. Yes, sir. 
 
 Q. They were in good shape ? 
 
 A. Yes, sir. 
 
 Q. What kind of oars are they ? 
 
 A. Ash mostly. 
 
 Q. What would you say one of those oars would weigh ? 
 
 A. I can't tell you. They are pretty heavy oars. T couldn't tell yoii 
 exactly what they would Aveigh. T wouldn't make a gness even — abdiit Iwciity- 
 five or thirty pounds. I haven't hefted one. 
 
 Q. Did you ever pull one of those oars ? 
 
 A. Well, not very often. 
 
 Q. When you was informed there were two lives lost, Captain, wlml did 
 you do ? 
 
 A. When I was informed two lives were lost ? 
 
 Q. Yes. What was your course of procedure ? 
 
 71 
 
A. I just stayed there waiting- and the people were searching around 
 there for the lost bodies. In tlie first instance they said only one man was lost, 
 and we stayed around there with the sampans and our boats searching for the 
 bodies. When we left they had not found the Japanese woman. 
 
 Q. What were the weather conditions ? 
 
 A. Fair. 
 
 Q. Do you ever issue any warnings to your boat-steerers when they pull 
 away ? 
 
 ' A. Yes, sir ; but not this trip. I didn't think it was necessary. 
 Q. You usually, though, do issue warnings? 
 
 A. When there is any sound reason to issue warnings we always do so, 
 but this night there seemed to be no necessity for it. 
 
 Q. The weather was fair enough so you didn't have to ? 
 A. Yes. 
 
 Q. Are there any printed instructions given to the boat-steerer ? ^ . 
 
 A. Not in regard to taking the boats in. It is left to the boat-steerer's 
 judgment. 
 
 Q. Do you know if the boat was on its usual course ? 
 
 A. The night was very dark and I could only see — about two or three 
 ship-lengths off I could not see the boat. 
 
 Q. Did the first boat return to the ship before it went back to the whai-f ? 
 A. ISTo, sir. 
 Q. It didn't? 
 A. ISTo, sir. 
 
 Q. How soon after this accident did you pull out of Lahaiua ? 
 A. Well. I judge the accident happened about 9 :20 or 9 :35, something 
 like that, and we left there at 10:55. 
 
 Q. You left there at 10 :55 ? - _ 
 
 A. Yes, sir. 
 
 Q. What do these life-boats contain for equipment? 
 
 A. Just — the law specifies a fidl complement of oars. 
 
 Q, How many men were pulling the boat ? 
 
 A. Four men pulling and one steering. 
 
 Q. Four men pulling and one man steering? 
 
 A. Yes, sir. 
 
 Q. Do you ever send one of your regular ship's officers ashore with a boat ? 
 
 A. Very seldom ; only when I think it is a very rough landing, and then 
 1 send an officer with it to find out if it is safe to land, and, if not, they come 
 back with the boat. 
 
 Q. Was the steersuuin of this boat a regularly employed steersman ? 
 
 ;\. He is a regular steersman and seaman. 
 
 Q. The first boat ? 
 
 .\. The first boat; both of them are, in fact, both steersmen and seamen. 
 8ouietiuies they act as seamen and sometimes as boat-steerer. If I happen to 
 be shy a stiilor the boat-steerer goes as a seaman. But they are both experienced 
 seamen. 
 
 Q. All natives? 
 
 A. All natives. 
 
 Q. In both crews ? 
 
 A. Both crews; yes, sir. 
 
 Q. Do you ever use Japanese for pulling an oar ? 
 A. Very seldom. 
 By Mr. Smith: 
 
 n 
 
Q. Cajitain, you say there were eight passengers in the first boat 'i 
 
 A. Eight passengers ; yes, sir. 
 
 Q. Did you count them at the time? 
 
 A. I didn't count them, but the purser told me there were eight. I 
 looked down, but the purser told me there were eight passengers, all Oriental 
 passengers. 
 
 Q. And as to the freight, the purser told you there was no freight ? 
 A. I saw there was no freight. 
 
 Q. What I am trying to get at is what you saw yourself as distinguished 
 from what the purser told you. Did you see yourself that there was only hand 
 baggage there ? 
 
 A. I didn't see exactly hand baggage. The rule is the cabin passengers 
 and hand baggage and mail goes first. That is the standing rule. There is 
 nothing else goes in. It is hand baggage and mail. 
 
 Q. What is the rule of sending the boat with the deck passengers or steer- 
 age passengers ? 
 
 A. Well, if there is two or three deck passengers and some freight in the 
 Iwat, but under these circumstances they don't have any freight, but there was 
 a trunk. 
 
 Q. Your statement as to the freight and trunk, is that based on what you 
 sa\\' or what the purser told you ? 
 A. On what I saw. 
 C}. You saw the trunk ? 
 A. Yes. 
 
 Q. And you say that there was no freight ? 
 A. There was no freight, but a trimk. 
 
 Q. And the number of passengers in the second boat the purser gave you ? 
 a\. Eight adults and two children. The purser gave me that. T didn't 
 CI milt them. The purser told me eight adults and two children. 
 
 Q. Were you able to determine from the steamer where the capsized boat 
 
 was ? 
 
 A. ]^o, sir ; T couldn't see nothing. I didn't hear nothing. I didn't hear 
 anything. 
 
 Q. Have you any idea what time it was when you saw the red light ? 
 A. It must have been about luilf-jiast nine, I guess. I didn't stop to take 
 the time. 
 
 Q. T will put it this way: Al)out how long after the first Itoat put off was 
 it wlien you saw the red light? 
 
 A. I should reckon about twenty-five minutes or half an hour. 
 
 Q. That would make it about a quarter of an hour after the second boat 
 ])uned out ? 
 
 A. About that; about twenty miniites, fifteen or twenty minutes. T 
 '•ouldn't tell you the exact time. 
 
 Q. And when you sent Mr. Olsen out with the other boat what did lie 
 tcl! you when he came back, if anything? 
 
 A. lie told me there was a Chinaman drowned and a Japanese woiium 
 missing. 
 
 Q. How long was he gone — just approximately — before he came back 
 to your boat ? 
 
 A. He didn't come back. He came back when the ship left. The purser 
 came back and told me this Chinaman was drowned and that a Japanese woman 
 was missing, and then I sent Olsen and he came back when the last boat came 
 back. 
 
 73 
 
Q. When you saw this red light was it the purser you sent in or Olseu 'i 
 A. The purser. 
 
 Q. jSTow ,\vhen you sent the purser in do you know where he went to 
 
 A. He went in to the landing. I presume so. 
 
 Q. Did he tell you where he went to ? 
 
 A. To the landing and found out what the trouhle was 'i 
 
 Q. Directly from the ship ? 
 
 A. From the ship; yes, sir. 
 
 Q. And as soon as he found out what the trouble was at the landing he 
 came back right away ? 
 
 A. Came back and reported right away. 
 
 Q. You mean to say he didn't go to the scene of the accident ? 
 A. As far as I know he went right to the landing and came right back and 
 it was reported to me and I sent Officer Olsen in with the purser's boat. 
 Q. And where did you send Olsen ? 
 
 A. To the landing to see what he could do there ; to recover the bodies or 
 anything. 
 
 Q. You didn't know at that time where the accident was, did you ? 
 A. 'No, sir. 
 
 Q. When Mr. Olsen came back or Avhen the purser came back did either 
 one of them say whether they had been to the scene of the accident, where the 
 capsized boat was ? 
 
 A. They was fooling around there outside. They went to the landing iuid 
 pulled around there — they didn't tell me — l)ut they went to the landing and 
 co\ildn't find anything. 
 
 Q. That was the third boat ? ■ 
 
 A. The third boat. 
 
 Q. It didn't pull around the capsized boat until you sent the officer ? He 
 came right back ? 
 
 A. He came right back and reported. 
 By Mr. WaiTen: 
 
 Q. These passenger boats are licensed to carry how manj- passengers ? 
 A. This boat in particular is licensed to carry thirty-nine. 
 Q. And the first boat, do you know how many it is licensed to carry 
 A. I didn't take a record. I can find out — about thirty-eight or thirty- 
 nine. 
 
 Q. JSTot less than thirty-six ? 
 
 A. Not less than thirty-six. We haven't got as small a boat as that in the 
 Manna Kea or Kilauea. 
 
 Q. In any other respect are there any other regulations, federal regula- 
 tions, in regard to et]uipment and life-saving a]3paratus that was not on the boat ? 
 
 A. No, sir; we had every thing that was required. 
 Bj/ Mi: Sutton: 
 
 Q. Captain, when yon sent the ])urscr in do you know whether he actually 
 went t(i tlic landing? 
 
 A. I don't know exactly. 
 
 Q. Captain, wdien the ])ui'.ser went asiiore you said, in your reply to Mr. 
 Smith, that he went to the landing. As a matter of fact, you don't know whether 
 he went to the landing or whether he only went as far as was necessary to ascer- 
 tain w luit had happened ? 
 
 A. I can't swear he went to the landing, but I told him to go in there and 
 see what the trouble was. Me may have gone to the landing or just to the seat 
 of the trouble; 1 don't know: but I assume he went to the landing' to find out. 
 
 74 
 
Q. After you turned on the searchlight did that illuminate the scene suffi- 
 ciently so that from the boat you could see what had happened ; so yon could 
 see the upturned lifeboat ? 
 
 A. I didn't see the upturned lifeboat. 
 
 Q. What did you see after the searchlight was turned on ? 
 A. I saw the boats pulling back and forth. 
 
 Mk. J. F. C. Hagens, 
 being .called as a witness, was duly sworn, and testified as follows: 
 
 By Chairman Forbes: 
 
 Q. What is your full name ? 
 
 A. J. F. C. Hagens. 
 
 Q. And your occupation ? 
 
 A. Vice President Hackfeld & Company. 
 
 Q. You was a passenger on the Kilauea on the night of this accident ? 
 A. I was. 
 
 Q. And you disembarked where, Mr. Hagens 'i 
 A. In Hilo. 
 
 Q. At Hilo « Was you on deck when this accident occurred ? 
 A. 1^0. 
 
 Q. You was not on deck ? ' - 
 
 A. No. 
 
 ■ Q. Where was yon ? 
 A. In my berth. 
 
 Q. When did you first hear of this accident, Mr. Hagens ? 
 A. The next morning. 
 
 Q. Have you been communicated with or have you talked with any of the 
 Inter-Island officials about this accident since it occurred t 
 
 A. ISTo, sir; unless it was to Mr. McLean. I told him I was subpoenaed 
 to this examination and I told him I didn't know what I could give l)eeause I 
 was asleep at the time this thing happened. 
 By Mr. 8uUon: 
 
 Q. What did Mr. McLean tell you 
 
 A. I don't know, sir. I couldn't tell you. 
 
 Mr. Edward AYaiaholo, 
 l)eing called as a witness, was duly sworn, and testified as follows : 
 
 By Chairman Forbes: 
 
 Q. 
 
 What is your full name? 
 
 
 A. 
 
 My name is Edward Waiaholo. 
 
 
 Q. 
 
 Where is your place of residence ? 
 
 
 A. 
 
 Lahaina. 
 
 
 Q. 
 
 You was a passenger on the Ivilauea 
 
 tlie night of tliis acci(h'ut ? 
 
 A. 
 
 Yes. 
 
 
 Q. 
 
 You disembarked at Lahaina ? 
 
 
 A. 
 
 Yes. 
 
 
 Q. 
 
 Was you in the first l)oat that went ;i 
 
 shoi'o ? 
 
 A. 
 
 Yes. 
 
 
 Q. 
 
 Who were all the passengers in this 
 
 )oat ? 
 
 A. 
 
 I remember myself and Robiuson aii( 
 
 Pcuhallow and Mrs. Pcnlinllnw 
 
 and Kaluakini and one Chinaman. 
 
 Q. What was the weather conditions on this night 
 
 I- ~ 
 < .J 
 
A. Oh, kind of a little rough, l)ut when we go in kind of swell, but our 
 boat kind of slide, you know, and go inside kind of quick. 
 Q. Was it a little more rough than usual ? 
 A. No; not very much rough; no danger to go in. 
 Q. No danger to go in 'i 
 A. No. 
 
 Q. And you considered tliat niglit was no woi-se than you had experienced 
 there before ? 
 
 A. Yes. Why, we take that boat and went ashore and 1 went to a moving 
 ]iicture house to make a speech on account of election time. 
 Q. Did you have any hand baggage in this tirst boat ? 
 A. Yes ; I had hand baggage. 
 
 Q. Did you wait for it to be discharged from the boat on the wharf ? 
 A. No; I told the driver to look for my hand baggage. 
 Q. You didn't stay there ? 
 
 A. No; I walked right over to the moving picture and the people wanted 
 me to go over and make a speech. 
 
 Q. Do you know anything about tlie second l>oat that left the ship ? 
 A. No. 
 
 Q. Who do you work for ? 
 
 A. When I come out from the moving picture I come out over the road. 
 Q. I say who do you work for ? AVhat is your occupation ? 
 A. I work on the Pioneer Plantation. 
 
 Q. Well, what happened after you came out of the moving picture show ? 
 
 A. I hear the people say somebody got killed, and so I come back and look 
 for my trunk, because I never see my trunk on the first boat, and so I go back to 
 the wharf, and then I see some of those Hawaiian boys lift up my trunk, lift 
 on tlie wharf, and all full of water. 
 
 Q. What did yoix do then? 
 
 A. I went to who takes charge of the freight and asked what to do with 
 the trunk becaiise it is that wet and full of salt water. He told me better take 
 home and soak in cold water ; so I did. I put on the wagon and I take home 
 and then I hire a couple of Chinamen and chuck all my clothes in a tub of water 
 and wash the salt out. 
 
 Q. You was not on the wharf when the first boat came back ? 
 
 A. No. 
 
 Q. You don't know anything about the first boat ? 
 A. No. 
 
 Q. Or the second boat ? 
 
 A. The second boat I don't know. Only I know the first boat we went 
 ashore and we jump on the wharf and I went over to help on the supervisors. 
 
 Q. You was not on the wharf at any time during this trouble ? 
 
 A. Well, T was on the wharf pretty near about one hour when I come 
 back again. 
 
 Q. What was going on then ? 
 
 A. I see a lots of people. He says lots of people overboard, and my boy 
 call. Well, I stay there al)Out fifteen minutes. I went home with mv trunk 
 and soak clothes in water. 
 
 Q. You say you was away one hour and came back. Did you see the two 
 people who were drowned ? 
 
 A. No; I didn't see them. I didn't see them until next morning. 
 
 Q. Do you know whether the two persons that were drowned were found 
 when you came back ? 
 
A. No. I hear lots of people drowned and died. 
 
 Q. No. Answer the question. Do you know whether they were found 
 or not ? 
 
 A. No ; I never heard who been found. 
 Q. Well, were they found % 
 
 A. No; I don't know. Of course I see lots of people go on the boat and 
 look around. 
 
 Q. Do you know the members of the crew of the lioat you were in \ 
 A. No. Maybe I see, but I don't recognize them. 
 Q. You have lived at Lahaina some time? 
 A. Yes ; I born there. 
 
 Q. Are you acquainted with any of the boat boys that come ashore there I 
 
 A. I seen one of those boys. I see the boys but 1 don't know whose name. 
 
 Q. In your travels in these small boats of the Inter-Island have you ever 
 noticed any abuses of the Oriental passengers % Are they ever abused that you 
 know of % 
 
 A. I don't know. 
 
 Q. Are they treated all right \ 
 
 A. Well, those people on shore they were all right. 
 
 Vl. I mean the Chinese and Japanese of the boat \ Do the crews of the 
 vessels treat them all right ? 
 A. I don't know. 
 Q. You have never seen any aV)use 'l 
 A. 1 don't know. 
 
 Q. You have never seen anybody kicking anybody or striking anybody i 
 A. No. 
 
 Q. And in the small boat you never saw anything like that either? 
 A. No. 
 
 Q. What was the condition of the water alongside of the wharf where the 
 first boat w^as ? Was it rough there ? 
 
 A. Eough, you know. If you put a boat alongside the wliarf it always 
 back and forth. 
 
 Q. More rough than usual ? 
 
 A. No; not very rough. Tliat ])]ace sometimes very snaooth and some- 
 times the swell come up. 
 
 Q. As soon as von got otf the boat von went away ? 
 A. Yes. 
 
 Q. You didn't stav there ? 
 A. No. 
 
 Me. Moses Smith, 
 being called as a witness, was duly sworn, and testified as follows: 
 
 By Chairman Forbes: 
 
 Q. What is your full name ? 
 A. Moses Smith. 
 
 Q. What is your work ^ What work do you do? 
 ' A. Sailor. 
 Q. Sailor ? 
 A. Yes. 
 
 Q. Where are you employed ? 
 A. Employed as a sailor. 
 Q. Who do you work for ? 
 A. Inter-Island. 
 
 77 
 
Q. How long have you worked for the Inter-Island ? 
 
 A. Three years. 
 
 Q. What ship are you on ? 
 
 A. W. G. Hall. 
 
 (}. W. (i. Hall ^ How long on W. G. Hall ? 
 
 A. 'I'll roe years on W. G. Hall. 
 
 Q. The hrst time you go on the Kilauea '( 
 
 A. Yes. 
 
 Q. First trip ? 
 
 A. Yes; first trip. 
 
 Q. On Kilauea ? 
 
 A. Yes. 
 
 Q. You ever go on sliore Lahaina hefore in small boat ? 
 
 A. IsTo; never. 
 
 Q. What you do this nigiit i You pull oar ? 
 
 A. Yes; I pull oar. . ' 
 
 Q. You pull oar 'i 
 
 A. Yes. ■ 
 
 Q. How long take you go from ship to wharf ? 
 
 A. About two hundred yards. 
 
 Q. No. How long it take — ten, fifteen, twenty minutes ? How long? 
 
 A. Aboiit fifteen minutes. 
 
 Q. About fifteen minutes? And you say al)0ut two h\indred yards from 
 shi]i to wharf ? 
 
 A. To the wharf. 
 
 (^. AVhat boat, you know, No. 1 boat or No. 2 boat? 
 
 A. No. 2 boat, the second boat. 
 
 Q. The second boat you were in ? 
 
 A. Yes, sir. 
 
 Q. Did anyone speak on boat that boat no in right place ? 
 
 A. I didn't hear nobody speak. 
 
 Q. Where was boat when it turned over ? 
 
 A. Outside from the breaker. 
 
 Q. How far from ship was boat when it turned over? 
 
 A. About one hundred and fifty yards. 
 
 Q. How far from wharf where boat turned over ? 
 
 A. About over more than fifty yards. 
 
 Q. What oar yon pull in boat? 
 
 A. No. 4 oar. 
 
 Q. How many men pull oar ? 
 
 A. Four. , 
 
 Q. Four men ? 
 
 A. Four men. 
 
 A. All FLawaiian boys pull oar ? 
 
 A. All Hawaiian boy. 
 
 Q. You know them ? 
 
 A. Yes. 
 
 Q. You ever pull oar with those same boys before? 
 
 A. No; first time wlien I go with them boys. 
 
 Q. That is the first time you have come with those boys ? 
 
 A. That is the first time I go with them boys that night. 
 
 Q. And vou never juill boat in Lahaina before? 
 
 A. No. 
 
 78 
 
Q. You ever steer boat 'i 
 
 A. I^o. 
 
 Q. Always pull oar ? 
 
 A. Always pull oar. T always go Kauai side. 
 
 Q. What you do when boat turn over? 
 
 A. When the boat turn the boat capsized. We were underneath the boat 
 
 at that time. 
 
 Q. Everybody underneath boat ? 
 
 A. Yes, everybody underneath the boat. I hear some people calling 
 
 "Help !". 
 
 
 
 Q. 
 
 Help? 
 
 
 A. 
 
 Yes. 
 
 
 Q. 
 
 How eoukl you hear them when you were underneatl 
 
 1 the boat? 
 
 A. 
 
 I heard after I. come up from underneath the boat. 
 
 
 Q. 
 
 What did you do then ? 
 
 
 A. 
 
 T try to save some girls fourteen years. 
 
 
 Q. 
 
 Did you save them? 
 
 
 A. 
 
 Yes ; I save ; I pull on top of the keel of the boat. 
 
 
 Q. 
 
 Where was this girl ? 
 
 
 A. 
 
 The girl was on the side of the boat. 
 
 
 Q. 
 
 Did you see the Chinaman who was drowned ? 
 
 
 A. 
 
 'No. I see on the boat one Chinaman. 
 
 
 Q. 
 
 Where he sit on the boat — forward or aft or where ? 
 
 
 A. 
 
 Behind. 
 
 
 Q. 
 
 Way back, eh ? 
 
 
 A. 
 
 Way back. 
 
 
 Q. 
 
 What became of the steersman when boat turned 
 
 over ? You see 
 
 wliere he 
 
 go? 
 
 
 A. 
 
 No. 
 
 
 Q. 
 
 You don't know where he go ? 
 
 
 A. 
 
 The first time I go that place. 
 
 
 Q. 
 
 Yon see where steersman go after you come out froui 
 
 underneath boat, 
 
 wliere steersman, boy who steer boat, go? 
 
 
 A. 
 
 The steerer was over there that time. 
 
 
 Q. 
 
 Where was he ? 
 
 
 A. 
 
 He was in the Avater at the time. 
 
 
 Q. 
 
 Don't the steersman usually stand u]) like this? 
 
 
 A. 
 
 Yes ; he stand up. 
 
 
 Q. 
 
 Where was the Japanese woman ? 
 
 
 A. 
 
 Behind the boat. 
 
 
 Q. 
 
 The one that was drowned ? 
 
 
 A. 
 
 The Chinese man and Japanese wouian in tlic same | 
 
 )bic('. 
 
 Q. 
 
 In one seat ? 
 
 
 A. 
 
 In one seat. 
 
 
 Q. 
 
 You sit facing thiit Japanese woiiiau ? 
 
 
 A. 
 
 Yes. 
 
 
 Q. 
 
 You pull ISTo. 4 oar? You face them? 
 
 
 A. 
 
 Yes. 
 
 
 Q. 
 
 Did you feel them ? Did you get bold of them w lien 
 
 tlie boat turned 
 
 over ? Did you try to get hold of them ? 
 
 A. No. 
 
 Q. What became of your oai' when boat turned over? What did yon do 
 witl) your oar when boat turn over? 
 
A. When the I)oat capHized I don't know what I did that time. 
 
 Q. I mean with oar? 
 
 A. My oar I lose. 
 
 Q. No break? 
 
 A. No break. 
 
 Q. You just lost that? 
 
 A. Yes ; lost that. 
 
 Q. How many people in this Ijoat ? 
 
 A. 1 guess about eight or ten. 
 
 Q. Eight or ten? 
 
 A. Yes. 
 
 Q. Ten passengers and five crew ? 
 
 A. Five crew. 
 
 Q. Four oarsmen and one steersman ? 
 
 A. Yes. 
 
 Q. Who have charge of boat? AVho luua ? The boat-steerer, he had 
 hargc, eh ? 
 
 A. Yes. 
 
 Q. What did he say to you when you came up ? 
 
 A. He call me to help some people. 
 
 Q. Help some peo])le ? Did you help some people ? 
 
 A. Yes ; I help one girl. 
 
 Q. You just helped one girl? 
 
 A. Yes. ' 
 
 Q. How deep was the water you stand in? 
 
 A. Water right up to here. (Pointing to his chin.) 
 
 Q. Up to your neck ? 
 
 A. Yes. 
 
 Q. And did you get li«tl<l nf girl and put her on top of boat? 
 
 A. Yes. 
 
 {}. What else did you do? 
 
 A. Just close by the boat. 
 
 Q. Wluit did you do tli(>u after you put girl on top keel? What did you 
 lo tlieu? 
 
 A. 1 swim ashore. 
 
 Q. You no stay? ^'ou swim ashore? 
 
 A. The steamer Ixnit take all the ])eo])le ou top of the keel of the boat, 
 riic first boat came down then^ and then we all i)ut in the boat. 
 
 Q. And then you swim ashore ? 
 
 A. Everybody on top of boat first. 
 
 Q. You no wait until other boat ? 
 
 A. The otlier boat was over that time. The first boat came in. 
 
 (). This is second boat now. You arrived in second boat? 
 
 A. Yes. 
 
 (}. Did YOU stav in second boat until first boat couie back? 
 
 A. Yes.' ' . - 
 
 Q. AVell. what did you do witli ]iassengers? 
 
 A. They jump ou top otlier boat. 
 
 Q. And then what did you do ? 
 
 A. I swim ashore. 
 
 Q. Then what did you do ? 
 
 A. Tlieu T waited until the boat capsized. 
 
 Q. You waited what ? 
 
 80 
 
A. Then I waited the second boat. 
 
 Q. When did the second boat turn over again right side ? 
 
 A. Right on the sand. 
 
 Q. You bring in shore that way 'i 
 
 A. No ; the other boy bring him in. 
 
 Q. The other boy pull in? 
 
 A. Yes. 
 
 Q. Upside down all the time? 
 
 A. Upside down. 
 
 Q. Did you see Chinaman after he drown ? 
 
 A. ^o. • 
 
 Q. You didn't see him ? 
 
 A. IvTo. 
 
 Q. Do you know where he came in on the beach ? 
 
 A. ISTo; I never see; that dark night. 
 
 Q. Wliere did he come in on beacli ? Did somebody tell you ? 
 
 A. ITo. 
 
 Q. You don't know where he landed on the beach ? 
 
 A. ISTobody tell me. 
 
 Q. What did you do after you got in on shore ? 
 
 A. I wait over there that the second boat tui-n over. 
 
 Q. What you find inside? 
 
 A. We find a trunk. ' ■ 
 
 Q. What else ? 
 
 A. That is all I see — a trunk. 
 
 Q. You find any woman's clothes or anything underneath there ? 
 
 A. ISTo; only trunk have, you know. 
 
 Q. Any oars ? 
 
 A. Some oars. 
 
 Q. How many? 
 
 A. One — a spare oar. 
 
 Q. One oar ? 
 
 A. One. 
 
 Q. What time you go liack ship ? 
 
 A. I don't know what time? 
 
 Q. How long you stay Avharf ? 
 
 A. About an hour. 
 
 Q. Then go back ship ? 
 
 A. Then I go back ship. 
 
 Q. About half -past ten you go back ship ? 
 
 A. I guess so. 
 
 Q. Captain speak you you go back ship ? 
 
 A. N"o ; the mate come up shore. 
 
 Q. What did mate say? 
 
 A. He say all the crew go back to the boat, Itack to tlie stcauioi-. 
 
 Q. How many passengers you see after tlio bo;it tnru ovci' ? Von say 
 vou help one girl ? 
 
 A. Yes. 
 
 Q. And who else ? 
 
 A. One man. 
 
 Q. You helped one man ? 
 
 A. The boat-steerer helped one lady and two small little cliildren. That 
 is all I see. 
 
 81 
 
(,). Vou work all the time since tlieii^ You work every d&y 'i 
 
 A. No. 
 
 {}. You don't work every day? 
 
 A. No. 
 
 Q. Yoxx belong Hall, AY. G. Hall ? 
 
 A. Yes. 
 
 Q. All the time on Hall ? 
 
 A. All the time on the Hall. 
 
 Q. And just one time you make trip to Lahaina 'i 
 
 A. Yes; first time. 
 By Mr. Smith : 
 
 Q. Moses, did yo\i hear the oar break, the boat-steerer s oar break i 
 
 A. No; I never hear any noise. 
 
 Q. Did you notice which way the boat \\as headed when she was cap- 
 sized ? 
 
 A. Sideways. 
 
 Q. Sideways to the waves ? 
 
 A. Yes ; cx>ming up this way ; l)reak on the side. 
 
 Q. That is, when the wave hit the boat the boat was side to the wave? 
 
 A. Yes. 
 
 Q. Do you know why you were going up sideways that time? 
 
 A. No." 
 
 Q. Which way were you headed '( Which way was the boat's l)ow ? 
 
 A. Lanai side. 
 
 Q. Do you know where the channel to go into Lahaina was? 
 
 A. Right in front of me. 
 
 Q. Right in front of yo\i? 
 
 A. Yes. 
 
 Q. Was the boat headed straight into the channel, or sideways? 
 
 A. Sideways. 
 
 Q. Was the boat-steerer standing up when the wave hit the boat? 
 
 A. Yes ; standing up. 
 
 Q. Now, let me get this straight, Moses. When the wave hit you was the 
 boat headed towards the Olowalu side or was the boat headed towards the Ka- 
 
 auapali side ? 
 
 A. The boat went up this side, Olowalu. 
 
 Q. Was the wave on the starboard side or on the port side? 
 
 A. On the Lanai side. 
 
 Q. Which way were you facing? 
 
 A. Facing Lanai. 
 
 (}. Lanai or Kaanapali ? ' 
 
 A. Facing to the steamer. 
 
 Q. You were facing the boat-steerer? 
 
 A. Yes. ■ 
 
 Q. Was the stern of the boat, thou, towards Lanai or the side of the boat 
 towa I'ds Lanai ? ~ ^ 
 
 .\. The behind the boat was towards Lanai. 
 
 Q. You saw the reef, did you? AVas the side of the boat towards the 
 reef when the wave struck it, or was the stern or the bow of the boat towards 
 the reef? When the wave hit the boat did the wave hit the stern of the boat 
 or the side of the boat ? 
 
 A. The side of the boat. 
 
 Q. Which way were the waves coming from? 
 
A. This way. • r i 
 
 Q. What do you mean by this way — that the wave was coming trom the 
 
 Lanai side ? 
 A. Yes. 
 
 By Mr. Sutton: 
 
 Q. Moses, when you left the sliip did you go avound the hack ot the ship 
 when you started ashore ? You were rowing in the second boat when you left 
 the Kilauea. Now, after you got your passengers and started for shore did you 
 go around the bow or the stern ? 
 
 A. The stern. 
 
 Q. And after you left the stern do you know which direction you headed ^ 
 Could you tell which direction the boat was going ^ You were facing Lanai, 
 were you ? 
 
 A. Yes ; facing towards the stern of the boat. 
 
 Q. Could you tell from where you were standing which way the l)oat 
 was going? 
 A. No. 
 
 Q. When you capsized what was your location m relation to the red 
 
 buoy the red light on the buoy ? Where was that — which direction from the 
 
 place where you capsized — towards way or towards Olowalu way ? 
 
 A. Olowalu. 
 
 Q. Towards Olowalu ? 
 
 A. Yes. 
 
 Q. And Avhat was the first that you knew that you were near the reef ? 
 Did you know it the minute you got there or two minutes before or five minutes 
 before ? Could you hear the roaring of the surf breaking on the reef just before 
 you capsized ? Did you hear the roar of the breakers on the reef ? 
 
 A. Yes, I did; breaking on the reef. 
 
 Q. How long before ? 
 
 A. About ten minutes. 
 
 Q. Ten minutes ? Did you know how close to the reef you were ? Did 
 von know that your boat was near the reef ? 
 A. Yes. 
 
 Q. Which way was the stern of the l)oat at that time? Was it headed 
 for Lanai ? 
 
 A. Lanai side. 
 
 Q. You didn't look around to see how close to the reef you were ? 
 A. No. 
 
 Q. You said, in answer to Mr. Smith's question, that when the wave 
 struck you it hit on the side of the boat, not on the stern of the boat. Now, sup- 
 pose this pencil represents the line of the reef and this pencil represents the boat 
 that you were in, now, was your boat headed in this direction, in relation to tlio 
 reef, or was it located at an angle ? 
 
 A. This way. (Illustrating an angle of about 60 degrees.) 
 
 Q. Moses, on this piece of paper I have marked the word "reef" next ti> 
 one line and the word "boat" on the other line. Now, I put an an-ow on ihc 
 line next to the boat, pointing towards the reef. Is tliat the (lirccti.)ii in wliich 
 the boat was headed towards the reef ? 
 
 A. Yes. 
 
 Q. Which way Olowalu ? 
 A. Olowalu here. 
 Q. Over here Kaanapali ? 
 A. Yes. 
 
Q. Have you ever landed at Lahaina since the date of the accident \ Have 
 you been there again? 
 A. No. 
 
 You no go there once more ? 
 A. No. 
 
 Q. And you never went there Ind'ore tliis (hay the boat upset % 
 A. No. 
 By Mr. Warren: 
 
 Q. Moses, you say you worked tliree years Mauna Kea ? 
 A. No; W. G. HaU. 
 
 Q. Now, you have worked on Mauna Kea ? 
 A. No. On first trip I go Kilauea. 
 
 Q. The boats belonging to the W. G. Hall more big or more small than 
 Kilauea boat? 
 
 A. More small. 
 
 Q. How much? How many passenger W. G. Hall boat? 
 A. I don't know how many passenger. 
 
 Q. The first three years you work W. G. Hall, when you take passenger 
 from steamer to go ashore, how many men take ? 
 A. Three men. 
 
 Q. How many men from ship ? Three men on crew, eh ? 
 A. Three men, and boat-steerer make four. 
 Q. And how many people you take ? 
 A. I don't know how many people. 
 
 Q. Any time how many ? Two or three passenger i Ten or fifteen ? 
 A. No ; I don't know. 
 • Q. How many feet long ^N. G. Hall boat? 
 A. I don't know how many feet. 
 Q. How many feet long Kilauea boat ? 
 A. I don't know. 
 
 Q. One more long? Which one more long? 
 A. I don't know which one more long. 
 Q. You think maybe just about same ? 
 A. I think so. 
 
 Q. And when you pull oar on W. G. Hall what oar you pull ? 
 A. Same oar. 
 
 Q. What side ? Starboard side or 
 
 A. Any side ; on both ; on both two sides. 
 
 By Mr. Sutton: Q. At the time the boat capsized was it pounding on the 
 reef wrong side up ? Was the gunwale of the boat on the reef after it turned 
 over ? How deep water right where boat turn over ? 
 
 A. Up to here. (Indicating. Reporter did not observe where.) 
 
 By Mr. Warren: Q. Boat hit bottom ? 
 
 A. No. 
 
 (}. Wlien wave go down boat hit bottom? 
 
 A. AVhen wave go down boat hit bottom. 
 
 By Mr. Smith: Q. You see boat go down to bottom ? 
 
 A. I feel on my body. 
 
 Q. You feel the boat hit bottom too ? 
 
 A. Yes. 
 
 Q. How you feel ? 
 
 A. Because the boat liit uie <>u top of the head; me inside the boat. 
 Q. And you were on the reef ? 
 
 8i 
 
A. Yes. . . 
 
 By Chairman Forbes: How long you on the boat ? 
 
 A. Htili ? 
 
 Q. How long time yon nndevneath boat l 
 
 A. I don't know. 
 
 Q. You no long while underneath boat ? 
 
 A. Yes: 
 
 Q. How long time luiderneath ? 
 
 A. Just about ten minutes. 
 
 Q. Ten minutes ? 
 
 A. Ten minutes. ■ . 
 
 Pyj) Mr. Warren: 
 
 Q. Boat turn over ? 
 
 A. Yes. 
 
 Q. You sto}) under side ? 
 
 A. Yes; I was underneath boat. 
 
 Q. You go underneath ? 
 
 A. Yes. 
 
 Q. How long you stay there ? 
 
 A. I guess about ten minutes. 
 
 By Mr. Smith: 
 
 Q. You breathe underneath, boat, Moses ? 
 
 A. No ; I dive again that time. 
 
 Q. Just as soon as boat turn over you dive? 
 
 A. Yes. 
 
 Q. Wikiwiki ? 
 
 A. Yes. 
 
 Q. And how many times boat hit your head? 
 
 A. Two times. ' 
 
 Q. Two times boat strike reef ? 
 
 A. Yes. 
 
 Q. And that is outside reef or inside reef ? 
 
 A. Inside the reef. 
 
 Q. And when yon capsized boat inside the reef or outside the reef ? 
 
 A. Inside the reef. 
 
 Q. Inside the reef when you capsized ? 
 
 A. Yes. 
 
 Mr. Benjamin Ka-ne was here duly sworn as interpreter. 
 
 By Mr. Smith: 
 
 Q. Moses, I am going to ask Mr. Ka-ne a question and he speak Hawaiian 
 
 to you. Where was the l)oat when she capsized — outside the breakers or inside 
 the breakers ? 
 
 A. Inside the breakers. 
 
 Q. And inside the reef too? 
 
 A. Bight inside the breakers. 
 
 Q. And from where you touched bottom witli your feet could yuii \\ii1k 
 ashore or was the water deeper as you went towards shore ? 
 
 A. It was deeper as you go further in shore. 
 
 Q. So that you think you were very nearly on top of the reef when the 
 boat capsized ? 
 
 A. Yes. 
 
 Q. Did you see the buoy witli the red liglit as yon went in befoi'c tlic Ijoiit 
 capsized ? 
 
 85 
 
A. I saw the red light. 
 
 Q. And were you on the Kaanapali side or tlie Olowahi side when the 
 ))oat capsized ? 
 
 A. Towards Olowalu. 
 
 Q. Were you near the red light when yon oapsized 
 
 A. A'o. Yes; the huoy with the red light was towards the Olowaln side 
 wlien the hoat capsized. . . 
 
 Q. Do you know how far up you were from that huoy i- \\ ere you mside 
 tliat huoy or outside that huoy when you capsized ? 
 
 A. Inside the boy. . _ . 
 
 Q. Now, how long were you under the l>oat when tlie l>oat capsized 'i 
 
 A. About ten minutes. 
 
 Q. Did you hold your breath all the time 'i 
 
 A; I would breathe under the water l^ecause there was room there. 
 Q. Underneath the boat? 
 A. Underneath the boat. 
 
 Q. And when the waves would go down, when the sea would go down, the 
 reef would be bare of water ? 
 
 A. ISTo; still water, l)ut when the waves go down you cannot see the bot- 
 tom. ^ 
 
 Q, About how deep was the water when the waves went down ( 
 
 A. Here. (Points to his chest.) 
 
 Q. Did you know where the channel was ? 
 
 A. I don't know. 
 
 Mr. Haiku Iona, 
 l)eing called as a witness, was duly sw'Orn, and testified as follows: 
 
 Bi/ ( li airman Forbes: 
 
 Q. AVhat is your full name? 
 
 A. My name is Haiku lona. 
 
 Q. What is your occupation? 
 
 A. I do all kinds of work — sailor. 
 
 Q. Who do you work for ? 
 
 A. With the Inter-Island. _ - 
 
 Q. How long have you been working for the Inter-Island Steam N"aviga- 
 tion (^ompany ? 
 
 A. Over two years. 
 
 Q. You boat-boy all the time ? 
 
 A. Some time i go row boat, some time I go boat steerer. 
 
 Q. What ship was you on on the night of May the 1st ? 
 
 A. Kilauea. 
 
 Q. How long was you aboard the Kilauea? How long have you been 
 working aboard the Kilauea? 
 
 A. For that trip. 
 
 i}. What is your regidar boat ? 
 
 A. Mauna Loa. 
 
 Q. What boat was you in on the night of the accident, the first or the 
 second boat ? 
 
 A. The second boat. 
 
 Q. Was von steei-snian of the second l>oat this night? 
 
 A. Yes.' 
 
 Q. Describe tlic woatlicr conditions this night. 
 
 A. The wind was hluwing inward througli tlie channel. Sometimes it 
 
 86 
 
was blowing a little hard and sometimes it was mild and dropped a little otT. 
 Q. Had you ever been steersman at Lahaina before ? 
 A. Yes. 
 
 Q. In which boat ? 
 A. Manna Kea. 
 Q. When? 
 
 A. Since the Mauna Kea arrive. 
 
 Q. How long have yon served in the Maima Kea ? 
 
 A. More than two years. 
 
 Q. Where was this boat when it capsized ? Describe the location of the 
 boat when it capsized. 
 
 A. The location of that boat when it capsized was about one hundred feet 
 from the wharf, that is, the bow of the boat pointed inward. 
 
 Q. How deep was the water ? 
 
 A. Deep ? 
 
 Q. How deep ? 
 
 A. About between eight and nine feet. 
 
 Q. What did you do when the boat capsized ? 
 
 A. When the boat capsized I try to help passengers. 
 
 Q. Was you underneath the hoat ? 
 
 A. ^o. 
 
 Q. What became of your oar ? 
 
 A. I broke my oar before we capsized. 
 
 Q. You broke your oar before you capsized ? What l)ecame of the rest of 
 tlie oars ? 
 
 A. I don't know. 
 
 Q. How did your oar come to break ? 
 
 A. As the boat was going in the channel it was not wry straight towai'ds 
 in line but kind of sideways, and I tried to make that boat straight to the chan- 
 nel, and in that case the oar broke while 1 was trying to straighten the boat. 1 
 was going in sideways with the oars. 
 Mr. Williams: 
 
 Q. I understand him to say that when he threw his weight on the oar to 
 make te boat go around then he l)roke his oar ? Is that right ? 
 A. No. 
 
 (}. Then how did it come to break ( 
 A. Because the wave is a big one. 
 Q. The wave that struck the boat? 
 A. Yes. 
 Bi/ Chairman Forhes: 
 
 Q. How many passengers did yon help ? 
 
 A. Five passengers. 
 
 Q. Who were they ? 
 
 A. One Japanese and four Hawaiians. 
 
 Q. How many Japanese were in the l)oat ? 
 
 A. Two Japanese. 
 
 Q. Were they men or women ? 
 
 A. One man and one woman. 
 
 Q. Which did yon helj), the man or the woman? 
 A. The man. 
 
 Q. Did you try to help the woman ? 
 
 A. T was trying to help her. \ woidd have tried to hclj) lici- if 1 liiid seen 
 
 hei'. 
 
Q. Was the Japanese man the husband of the lady ? 
 A. I don't know. 
 
 Q. Did the Japanese man try to find the Japanese lady ? 
 A. The Japanese excited. It seems to me he got excited. 
 Q. How long was the boat capsized? 
 A. About ten minutes. 
 
 Q. The boat was capsized only ten minutes ? 
 A. Ten minutes. 
 
 Q. What did they do with the boat after it capsized ? 
 A. When the boat capsized Ave leave the boat there and we try to help 
 the passengers. 
 
 Q. What did you do with the passengers you helped ? 
 A. We helped the passengers to pidl right over on the keel. 
 Q. How many passengers were on the keel ? 
 A. Five. 
 
 Q. How many passengers in the boat ? 
 
 A. I don't know exactly how many, but between eight and ten. 
 Q. Where Avere the other five? 
 
 A. I don't know what became of them. The five are the only ones I 
 know. 
 
 Q. Did you see the other five passengers at any time? 
 A. No. 
 
 Q. You hadn't seen them? 
 A. ^o. 
 
 Q. How do you know the Japanese man got excited ? 
 A. Why, I tliink the man was excited l)ecause when I got hold of hini 
 his hand was slapping on the water when I picked him up. 
 Q. Was any one else excited there? 
 A. I don't know any one else. 
 
 (;). What effort was made to look for the missing passengers ? 
 A. We tried to search around where the boat capsized with other little 
 boats from shore with liglits and lanterns and Ave couldn't find them. 
 
 Q. Did you Avait until the steamer boats came before you searched ? 
 
 A. No; Ave searched before. 
 
 Q. Did you look under the boat? 
 
 A. Yes; searched under the boat and found one woman and a baby. 
 
 Q. A Japanese Avoman and baby ? 
 
 .\. Saffery's Avife and child. 
 
 (}. How long had she been under the boat? 
 
 A. About five or six miniites. 
 
 Q. Ts it possible that Avhen the boat capsized — I Avant to ask this cpiestiou 
 of Mr. Sheedy — if it is possible Avhen the boat capsized tliat she Avould draw 
 less Avater on her gunwales, upside doAvn, than she would on her keel, if slie 
 was right side up ? 
 
 Mr. Sheedy: A. It is pretty hard to say offhand. 
 
 Mr. Forbes: Tlie reason I asked tliis question Avas because it might seem 
 fimiiy for a man to be under the boat for fiA-e or six minutes and it might be 
 l^ossihle that the boat did draAV less Avater Avhen the gunwale Avas upside down. 
 
 Q. NoAV, I Avould like to ask if Avhen the boat capsized it Avas broadside 
 onto the sea when it capsized or it Avas boAV onto the sea. What Avas the angle 
 of the boat witli reference to the sea that was running? 
 
 A. It had been going sideAvays. The Avave Avas going toAvards shore and 
 the l)oat was kind of not even with the water, running together, sideways. 
 
 88 
 
Q. In other trips tliat you have made from a vessel to Lahaiiia has that 
 always been the same course you have taken to get to the wharf ? 
 A. It is not on the same line with the hoat. 
 
 Q. I asked you if the course you took this night was the course that you 
 were accustomed to take ? 
 A. Yes. 
 
 Q. Was the Kilauea anchored in approximately the same location as the 
 Mauna Kea anchors ? 
 
 A. ISTo; not in the same location. 
 
 Q. How far were you from the channel Avhen the hoat capsized % 
 
 A. Aboiit twenty-five feet. 
 
 Q. Twenty-five feet from the channel? 
 
 A. Twenty-five feet from the channel. 
 
 Q. How far were you from the ship ? 
 
 A. Well, between the boat and the steamer was about from here to the 
 McCandless building. (About 800 feet.) 
 
 Q. How far were you from the wharf ? 
 A. More than one himdred feet. 
 
 Q. Did you know when the two passengers were drowned ? 
 A. I didn't know whether there was anybody drowned. 
 Q. Didn't you count the passengers? 
 
 A. I counted only those I put on the boat. I heard it in Hilo. ^ 
 Q. How soon after you left the ship did you return to the ship ? How 
 long a time did it take you after you left the Kilauea until you got back ? 
 A. About two hours. 
 Q. And had the bodies been found ? 
 A. ■ 
 
 Q. They were not foimd ? 
 A. 
 
 Q. How did you know they were not found? 
 
 A. Because I didn't know there was anybody drowned. 
 
 Q. ^Vliat ship are you serving on now ? 
 
 A. I am not working with the Inter-Island. 
 
 Q. How long have you been away from the Inter-Island ? 
 
 A. About a month and three weeks. 
 
 Q. WimX became of the other boat-boys ? 
 
 A. We came together. 
 
 Q. Wliat became of them ? Where are they now ? . 
 A. They are all here. 
 By Mr. Smith: 
 
 Q. Mr. lona, on which side of the channel were yon wIumi the boat cap- 
 sized — the Olowalu side or the Kaanapali side? 
 A. Towards Kaanapali side. 
 Q. Were you in the channel when you capsized ? 
 A. On the side of the channel. 
 
 Q. And did you say that you were iuside the reef when yon cai»sized ? 
 A. Inside. 
 
 Q. How far inside, do you know ? 
 
 A. About this side of the room aud tlicn tlie other ivtoni. fF.stimafcd at 
 about 26 feet.) 
 
 Q. Did you capsize as soon as the wave hit you ? 
 A. Tes. 
 
 Q, And was the first wave that liit yon the one that l)r<)ke yonr oar ? 
 
 89 
 
Q. And at the same time your oar broke you capsized, did you at ex- 
 actly the same time? 
 
 A. Just a little after. 
 
 Q. Have you often steered the boat into Lahaina ? 
 
 A. Yes. , 1, 
 
 Q. And you are thoroughly familiar with the channel i 
 
 A. Yes. ' 
 
 Q. "S^Hliich way was the wind, do you know ? 
 A. From outside the channel, going towards shore, going inside. 
 Q. AYhich way was the wind blowing with reference to the compass ? Do 
 you know whether the wind was coming from the north or south or west ? 
 A. Direct from the sea going inland. 
 
 Q. Do you know whether it Avas coming from the south at all or not i 
 A. I don't know. 
 Btj Mr. Warren: 
 
 Q. How deep was the water when the boat capsized? 
 A. I answered that ; about between eight and nine feet. 
 
 Me. Lipana Kahooluhi, 
 being called as a witness, was duly sworn, and testified as follows : 
 
 By Mr. Forbes: 
 
 Q. What is your full name? 
 A. Lipana Kahooluhi. 
 Q. What is your occupation? 
 A. Sailor. 
 
 Q. ^Vliere are you employed ? 
 
 A. At present time at shore with the Inter-Island. 
 Q. In what capacity? 
 A. Stevedore, laborer. 
 
 Q. Were yon a member of the crew of the Kilauea on the night of May 
 the first ? 
 
 A. Yes. . 
 
 Q. Have you been regularly engaged on any of the vessels of the Inter- 
 Island Steam Navigation Company? 
 
 A. 
 
 Yes. 
 
 
 Q. 
 
 How long ? 
 
 
 A. 
 
 About a year. 
 
 
 Q. 
 A. 
 
 Which boat wei-e you an oarsman on on the night 
 
 of this accident ? 
 
 The second boat. 
 
 
 Q. 
 
 Had you ever been an oarsman before at Lahaina ? 
 
 
 A. 
 
 Yes. 
 
 
 Q. 
 
 How many times ? 
 
 
 A. 
 
 Six months. 
 
 
 Q. 
 
 You have been running there reguhirly for six months? 
 
 A. 
 
 Yes. 
 
 
 Q. 
 
 On what ship ? 
 
 
 A. 
 
 The Claudine. 
 
 
 Q. 
 
 What were the weatlier conditions the night of the 
 
 accident ? 
 
 A. 
 
 South ; the wind was blowing southerly. 
 
 
 Q. 
 
 Was the sea rough ? 
 
 
 A. 
 
 N^ot very. 
 
 
 0. 
 
 Which oar was you pulling? 
 
 
 90 
 
A. No. 2. 
 
 Q. What became of your oar ? 
 
 A. At what time? 
 
 Q, When the boat capsized. 
 
 A. I lost the oar. 
 
 Q. Did you find it again \ 
 
 A. 'No. 
 
 Q. How many passengers were there in the boat ? 
 
 A. I don't know. 
 
 Q. Describe the location of the boat when it capsized ? 
 
 A. The position on that night was that the Avaves just hit on the side of 
 the boat. 
 
 Q. Was the boat broadside to the waves ? 
 
 A. Yes ; on the broadside. 
 
 Q. Was the boat on the usual course taken for the lioats leaving the ves- 
 sels going to the wharf ? 
 
 A. No ; not on the regular course. 
 
 Q. How far was the boat from the reef ? 
 
 A. About fifty yards inside the reef. 
 
 Q. How far was the wharf from where you capsized ? 
 
 A. About as far as the McCandless building. 
 
 Q. Is it customary for a Hawaiian sailor to define distances by an object ? 
 
 A. No. 
 
 Q. Did you see the Chinese man and the Japanese woman who were 
 drowned, who were lost in your boat ? 
 
 A. Yes ; I seen them. 
 
 Q. Where were they sitting? 
 
 A. They were sitting in the rear of the boat, in the stern. 
 
 Q. How far astern, the extreme stern ? 
 
 A. Inside, right in the middle. 
 
 Q. In the middle ? 
 
 A. Not quite in the middle, just abaft the middle. 
 
 Q. Then they were not sitting in the last seat ? 
 
 A. No. 
 
 Q. How deep was the water where the boat capsized ? 
 
 A. About the height of my neck. 
 
 Q. Were you standing on the bottom ? 
 
 A. When the sea goes down it hit my head. 
 
 Q. Then ordinarily the water was over your body ? 
 
 A. Yes. 
 
 Q. What did you do when the boat capsized ? 
 
 A. When the boat capsized I was underneath and then I would dive and 
 go over on the other side and call for help. 
 
 Q. Did you make any effort to help get the people otit fi'om undornciitli 
 
 the boat ? 
 
 A. No. 
 
 Q. Did you know there was someone beneath the l)oat ? 
 
 A. No. ' 
 
 Q. What did the boat-steerer say to you ? Wlnit orders did he give? 
 
 A. No. 
 
 Q. No orders given? 
 
 A. No. 
 
 91 
 
Q. From the time you left the Kilauea how long was it before you got 
 
 back ? 
 
 A. Nearly an hour. 
 
 Q. Did you swim from the capsized l)oat to the wharf, or did you wait 
 
 niilil No. 1 boat came back? 
 
 \ When the boat capsized I swam ashore and I met on my way a J apan- 
 ese, one of the passengers of the capsized boat, and then I hold him and the 
 Japanese sampan was coming and I put the Japanese on the sampan and the 
 boat No. 1 was coming over from shore and I got on. 
 
 Q Did you make any personal effort to save any of the passengers i 
 
 A Yes • that is the very Japanese that I put on the J apanese sampan. 
 . q' I mean at the time the boat capsized. You met the J apanese on your 
 way to the wharf. At the time the boat capsized did you then make any effort 
 to save any of the passengers 'i 
 
 A. No ; I was under the boat. 
 
 Q. How long were you under the boat ? 
 
 A. rive minutes. 
 
 Q. Could you breathe under the boat ? 
 A No. i can stay under water for five minutes or more. 
 q'. Were you alongside the capsized boat Avhen this lady was taken from 
 beneath the boat ? 
 A. No. 
 
 Q. Where were you then ? 
 A. I was swimming ashore. 
 Q. Were you afraid? 
 A. No ; I am not afraid. 
 
 Q. Why didn't you stay and render some help ? 
 
 A I am not afraid, but I just swam out to catch the other J apanese. The 
 Japanese was on the other side of the boat, and I held him up until the sampan 
 
 came. . ^ 
 
 Q. Do you know intimately the boat boys and the boat steer er ( 
 
 A. Yes. 
 
 q'. Do you just go to sea occasionally or are you regularly engaged on 
 
 a vessel ? 
 
 A. Regularly. 
 
 Q. Can you steer ? 
 
 A. I can try. 
 
 Q. Have you ever steered a boat? 
 
 A. No ; only a row boat. 
 
 Q. How long have you been going to sea ? 
 
 A. One year. 
 
 Q. And before that what did you do? 
 
 A. Stevedore. 
 
 Q. And you are now a stevedore ? 
 
 A. Stevedore with the Inter-Island. 
 
 Q. Did you know that these two people were missing ? 
 
 A. I didn't know they were missing. 
 
 Q. When did you find out ? 
 
 A. At Hilo; when I was at Ililo. 
 
 Q. You didn't find out until you got to Hilo ? 
 
 A. No. 
 By Mr. Smith: 
 
 Q. In answci' lo ]\rr. Forlx's' qiicstidn at the outset, you said that the wind 
 
 92 
 
was southerly. Do you mean that the wind came from the south or was blowing 
 towards the south? 
 
 A. Blowing from the south. 
 
 Q. You said that when the wave hit the l>oat the boat was not on its regu- 
 lar course, its usual course. What do you mean l)y that ? 
 
 A. ' Because the boat anchor below the red light. That is the reason why 
 this boat was going broadside with the waves. 
 
 Q. Your answer is that the reason the boat was going alongside the waves 
 when she was hit was because the Kilauea was anchored l)elow the red light ? 
 
 A Yes.* 
 
 q'. When you were first hit by the wave were you inside the reef or out- 
 side the reef? 
 
 A. Inside the reef. 
 Q. What oar did you row that night ? 
 ■ A. ^^0. 2. 
 Q. You could see the boat steerer ? 
 
 A. m. 
 
 Q. Did you hear his oar break before you were upset ? 
 
 A. 1^0. \ 
 
 Q. Did vou see him fall down ? 
 
 A. 1^0. " 
 
 Q. Did you see the wave before it hit the boat ? 
 
 A. N'o ; I didn't see it. 
 
 Q. Was it a large wave which hit the boat which capsized it ? 
 
 A. I don't know anything about it at all. I only know it when the boat 
 capsize. 
 
 Q. Did you know it was a wave which hit the boat? 
 
 A. Yes. ^ , 
 
 Q. IS^ow, when the wave hit the boat did it hit the side or the stern ? 
 
 A. Eight in the side. 
 
 Q. Which side? 
 
 A. Starboard side. 
 
 Q. Do you know how far out of your usual course you were when ihe 
 
 wave hit the boat ? • i i 
 
 A. The boat was not going her usual course, kind of off on the side, when 
 
 the boat capsized. 
 
 Q. Do you know how far off you were from your regular course when the 
 boat capsized? 
 
 A. It seems to me we are off al)0ut fifty feet from the regular course. 
 Q. On which side of the channel do you hiuk you were, the Kaanapnli 
 side or the Olowalu side? 
 
 A. On the Olowalu side. 
 
 Q. How do you know that you were off of the regular course or what made 
 you think you were off of the regular course ? 
 
 A. Because the boat anchored below the red light. That is the only 
 reason I know we are off of the course. 
 
 Q. Well, do you know at the time — did you know at the time whether you 
 were in the channel or not ? 
 
 A. I can never tell because I am facing the steamer. 
 
 Q. So that the only reason you had for thinking that you were off of the 
 regular course was the fact that th(> steamer was anchored below tlie buoy; is 
 that right ? 
 
 A. Yes. 
 
 93 
 
Q. After you got out from under the boat do you know whether you were 
 near the channel or not ? 
 
 A. Xo ; I can't tell whether we are going near the channel or not. 
 
 Q. Did you notice at all at any time after the accident whether you were 
 near the channel or not? 
 
 A. I don't know. 
 
 Q. After you came out froin under the boat did you see tlie lights of the 
 wharf ? 
 
 A. No. 
 
 (}. Where did you start to swim for when yo\i left the boat ? 
 A. From the place where the boat capsized '{ 
 Q. No. Where did you start to swim to ? 
 A. After I dived from under the boat then I swam ashore. 
 Q. Well, after you dived from under the boat did you see the lights at 
 the wharf ? 
 A. Yes. 
 
 Q. How soon do you tliink it was after you came out from under the boat 
 that you saw the lights of the wharf — immediately ? 
 A. A little after. 
 
 Q. And from your position when you first saw the lights on the wharf 
 could you tell whether you yourself were near the course which the boat usually 
 took to go in or not ? 
 
 A. As soon as I got out from the boat and sized up the location where 
 the boat capsized, we are not on the reg\ilar course going in the channel ; we 
 are out of the course. 
 
 Q. And how could you tell that at that time ? 
 
 A. Why, because the lights on the wharf are further up. 
 
 Q. The lights on the wharf were different from the regular course ? 
 
 A. Here is an illustration how the lights were, the wharf and the boat, 
 but at that time when I got out from under the boat I find out the lights were 
 kind of towards the Olowalu side. 
 
 Q. That is, the light was further towards Olowalu than it usually is? 
 
 A. Yes. 
 
 Q. Have you any idea how much further towards Olowalu it was than 
 it usually is ? 
 A. " No. 
 
 Q. You testified a while ago that at times when the sea would go down 
 vou could touch the bottom and the water would be up to your neck. At that time 
 or at those times, were you close to the boat ? 
 
 A. Yes; I was standing on the outside of the boat. 
 
 Q. When the boat capsized you came out from iinder it just as quickly 
 as yoTi could, did you ? 
 
 A. When the boat capsized we all got underneath. 
 
 Q. And you got out from under just as soon as you could ? 
 
 A. Yes. W-hen the boat capsized I got under and so I dived, and on the 
 first attempt I hit my head with a trunk, because there is a trunk on my side, 
 and then I make another dive again close to the bottom and I get out from 
 imder. 
 
 By Mr. Warren : 
 
 Q. You have spoken several times of the usual course. AVhat is the usual 
 coni-sc for a boat to go in — from what point ? 
 
 A. The reason wliy T testified that is that the red light on the buoy here 
 is on tlie same line with rlic red light on the wharf. They are on the same line 
 
 84 
 
as the regular eovirse. We generally take that for the regular course. 
 Q. That is for the steamer boats ? 
 . A. Yes. 
 
 Q. But if you start from the steamer what is the difference in the course 'i 
 
 A. Well, the boats generally anchor right at the buoy, but that is what 
 I say; that is the regular course to anchor like that, but when they come olf 
 the buoy I say it is off the course. 
 
 Q. Well, then, it doesn't matter very much if that is the regular course, 
 does it, whether the steamer anchors one side or the other side of the buoy, 
 do(j^ it ? 
 
 A. Just the same. 
 
 Q. IsTow, isn't it also true that the Claudine anchors on one side of the 
 buoy on the up trip and on the other side of the buoy on the down trip ? 
 A. Yes ; the Claudine generally uses both sides. 
 Q. N"ow, which position did the Kilauea take this time? 
 A. Well, the boat anchored ahout a hundred feet towards the Kaanapali 
 
 side. 
 
 Q. And on the other trip they anchor about a hundred feet on the other 
 side of the huoy ; is that right ? ' 
 
 A. On the Kilauea that is the first trip I went up and it anchored about 
 one hundred feet from the buoy on the Kaanapali side. 
 
 Q. But that is the position the Claudine would take, depending on the 
 position — depending on the direction which she was going, wouldn't it ? 
 
 A. Yes; not too far from the buoy, but either way, towards Kaanapali 
 or towards Olowalu. 
 
 Q. And the position of anchoring that steamer depends also on current 
 and wind, does it not ? 
 , A. I don't know. 
 
 The Commission then took an adjournment until 10:00 o'clock a. ni., July 
 19th, 1915, at which time the hearing was concluded. 
 
 JULY 19, 1915. 
 10 o'clock A. M. 
 
 Mit. John Saffkey, 
 was called as a witness, was duly sworn, and testified as follows: 
 Bt/ Mr. Forbes: 
 
 Q. 
 
 What is yoiir full name ? 
 
 
 A. 
 
 John Saffrey. 
 
 
 Q. 
 
 Where do yon live ? 
 
 
 A. 
 
 Olowalu, Lahaina. 
 
 
 Q. 
 
 What is your age ? 
 
 
 A. 
 
 Fifty-eight. 
 
 
 Q. 
 
 Was you a passenger on the Kilauea on May 1st, 1915 ? 
 
 
 A. 
 
 Yes. 
 
 
 Q. 
 
 What was your destination ? 
 
 
 A. 
 
 Going to Lahaina. 
 
 
 Q. 
 
 What time did you arrive at Lahaina 'i 
 
 
 A. 
 
 I am not quite sure; about half past eight or niuc o'clock. 
 
 
 Q. 
 
 What was the weather conditions ? 
 
 
 A. 
 
 Calm. 
 
 
 Q. 
 
 Can you descril)c the location where the Kilauea anchored ? 
 
 
 A. 
 
 The boat anchored furtlier from the buov, towards the Kaanana 
 
 li si. 
 
 95 
 
Q. That is her usual auehorage place, is it not ? 
 
 A. 'No; further up. 
 
 Q. How much further up ? 
 
 A. About two hundred yards from where the Kilauea anchors. 
 By Mi. Sutton: Q. Yards? 
 
 Br. Mr. Scott: Q. You are speaking of the Kilauea now ? The Kilauea 
 
 onlv runs occasionally ? • i d 
 
 ' By Mr. Forhes: Q. Do you know how many feet there are m a yard < 
 
 A. Three. 
 
 q! mich boat did you leave the ship in, the first or the second boat ? 
 A. The second boat. 
 
 Q. How many passengers were in the boat ? , ' 
 
 A. Three Japanese, two Chinese, myself and family, a total of five Ha- 
 waiians, making ten. 
 
 Q. Did you have any hand baggage with you? 
 A. Yes; three packages, valises. 
 
 Q. mat was the weather conditions when you left the ship's side for the 
 wharf? 
 
 A. ISTo wind; calm. 
 Q. A calm sea ? 
 A. A calm sea. 
 
 Q. Describe any conversation that occurred between any member of the 
 passengers and the steersman. 
 
 A. I am the only one that asked one of the crew of \he boat. His name 
 is Ahia. I told him we are not going in the regular course ; we are way far 
 down, and this place is very bad; they generally have high winds from this 
 direction we are going. As soon as we leave the boat we go the direction of the 
 wharf instead of going the regular course. As soon as w^e leave the boat, the 
 steamer, we go directly to the wharf on the course that was not generally taken 
 by any boat to go to shore. 
 
 Q. How long have you lived at Lahaiua ? 
 
 A. I lived at Lahaina since 1868. 
 
 Q. Are you acquainted with the channel ? , 
 
 A. Yes ; I know it thoroughly. T have been a boat lioy there. 
 
 Q. A boat boy ? In avIiosc em^iloy have you been a boat boy ? 
 
 A. Captain fa^dor, under Captain Taylor. 
 
 Q. TTnder Captain Taylor ? 
 
 A. Yes; he runs a boat. 
 
 Q. You have made many entrances to the channel from the Inter-Tsland 
 luials? 
 
 A. Yes. 
 
 Q. Have you e\'er been a steersman ? 
 
 A. Yes; steer sometimes; sometimes boatman. 
 
 Q. How far was the boat from the Kilauea when she capsized ? 
 
 A. Well, Ave are too far. We were right in the channel. 
 
 Q. "Right in the channel? 
 
 A. Right in the channel before the boat capsized. 
 
 Q. wiiat was the position of the boat in relation to the sea ? 
 
 A. The boat was going directly towards the wharf, in line Avith AvaA'CS at 
 the stern, but when the steersman saw the Avaves he turned the boat broad Avay 
 and the wave hit the boat broad Avay on that side. 
 
 or. 
 
Q. Describe what happened from the tin.e the boat left the vessel until it 
 ''^''a^^' While we were on the boat I heard one of the boatn.en, the crew say 
 
 haina he says that. Hikn is the man that said that 
 O How do you know the men were drimk « 
 
 A I saw tLm on the boat dr™k, and being I don't know wbo t .e ew 
 will be on tW boat, finally, when we got on the boat I saw tbts btg fat man 
 
 Steer the boat, and the crew. , -a? 
 
 Q. Where was you sitting when the boat capsized ? 
 
 A We capsized inside the channel. 
 
 Q. Where were you sitting when it capsized i 
 
 A ISTear the boat steerer. 
 
 Q. ^¥liat happened wdien the boat capsized ^ 
 
 A. We were all caught under the boat. 
 
 Q. All caught under the boat? 
 
 A. Mvself," my wife and my children 
 
 Q. Do you know how many were caught under the boa ^ 
 
 A. Well, I could not very well tell, because it was dark, but I am pietty 
 sure all the passengers were under there. 
 
 O Wlio sot you out from beneath the boat ^ , , „, . , , • i. 
 
 A. I dive under the boat with my child and that dead Chinaman, tlnnk- 
 
 ing it was my wife. , . . , 
 
 Q You brought out the dead Chinaman ( 
 \ ' He was not dead at that time when we got out. 
 O What did you do with the Chinaman ? 
 
 ^■ T told him to start right for shore because the water was not deer,. 
 Hoht a't his Ick. T told him to go direct to the shore and don't go any further 
 towards Kaanapali ; '\you will get in deep wateT. 
 
 O Did vou see the Chinaman start for the shore ^ , 
 
 A When" .ot under the boat T was still holding the ^ 
 .vbeu T ,ot outside of the boat T told the Chinan.au to go and T let the rhn,..- 
 xrian (xo and then he started to go for shore. 
 
 O How deep was the water there? , 
 
 A (Points to his neck.) men T let the Chinaman go ashore the only 
 men there is the steersman of the boat the steerer. 
 
 O Did you see the balance of the crew around the l^oat . 
 
 a". Only the steersman. All the sailors were not there. 
 
 Q Wliat became of the sailors ? 
 
 A T don't know; probably they swam ashore. 
 
 Q. Derc'ibe whai became 'of the rest of the passengers that were ,n th.. 
 
 \ They were still under the boat and then my daughter came out from 
 under the boat. They are still under the boat. ^ 
 Q Who were the passengers that were on the keel ot the boat . 
 A. Myself and my boy were on the keel of the boat. 
 Q Did you see any other passengers at any time on the keel of c oat^ 
 A Then my daughter came out from under the boat; only tlnee of us 
 
 X'Vl^'^ on the keel of the boat wheu the h.st boat .-am., back 
 from the wharf ? 
 
 97 
 
A. There is a lit lie boat the fii'st boat that reached the capsized boat. 
 (}. A small boat ? 
 A. A small boat. 
 Q. 'Not an Inter-Island boat? 
 A. No. 
 
 Q. Who got into the small boat ? 
 A. My two children. 
 , Q. Is that all ? 
 
 A. There were only two taken ashore. Quite a long time after that and 
 as soon as I take my children to shore people from shore they swam over to the 
 capsized boat and they were holding the boat, because not enough until they get 
 enough men there and the Inter-Island boat come back from the wharf to the 
 capsized boat, and the crew of that boat call to these men swim in the water to 
 turn the boat, and these men turn the boat and not one of the crew of the Inter- 
 Island, of the first boat. 
 
 Q. The capsized boat was righted by the passengers ? 
 
 A. By these people from shore. 
 
 Q. Was the lights distinguishable from where you were capsized? Was 
 there any distress light on the wharf ? 
 
 A. Yes; I see lights on the wharf. 
 
 Q. Did the Inter-Island do everything they possil)ly could do to rescue the 
 passengers ? 
 A. No. 
 
 Q. What more could the Inter-Island do in the wav of rescuino' ? 
 
 A. Well, if the crew did not leave the boat there would be no trouble, so 
 they would render assistance to the passengers, if they stayed around there and 
 got the passengers from under the boat. 
 
 Q. Did you see the Japanese girl that was lost ? 
 
 A. I don't know. When these men from shore got to the boat they didn't 
 turn the boat up but just lift the boat up so as to get" a little room underneath 
 to dive in and then dive in and some man -ot hold of mv wife. You know, 
 when they lift the boat up these men outside of the boat dive in and mv Avife 
 is still under the boat. When she dived she found the hair of a woman and 
 when she dived she pulled it out and thought it was the hair of my daughter, but 
 come to find out, the hair was the hair of that Japanese woman.' ■ 
 
 Q. How many men were lifting this boat ? 
 
 A. Probably twenty ; I don't know— plenty Japanese ; moi-e than twenty. 
 Q. Do you think the five mendiers of the crew could have lifted that boat ? 
 A. Yes ; five, or even four, can do it. 
 Q. Do von mean lift it or right it ? 
 A. Lift it. 
 
 By Mr. Scott: Q. Lift one of those heavy boats? 
 
 By Mr. Forties: Q. Did you lose your personal effects ? 
 
 A. Yes; all our packages. We lost all our packages. 
 
 Q. How long was you at the capsized boat before'vou left for the shore? 
 
 A. About fifteen minutes; because that was the length of time my wife 
 was on the boat with the daughter. As soon as they got off the boat we started 
 tor shore. 
 
 Q. Did you see the steerer's oar break ^ 
 A. No. 
 
 (,). Did yon see any of the oars ])rcak ? 
 
 A. No; T (hm'l kn..w wlu'thcr the oars broke. 1 don't hav anv idea that 
 
 98 
 
any oa.. broke because they were eapsized, and on .be way I don't know what 
 '"^^^r^Didyonietf^ftrjIlntwateH 
 
 0 Did yon see the remains ol the J apane^e laciy u 
 ,at the time they were on the beach, at the time they floated m i 
 
 Q How long after the boat capsized were they found ? 
 A About one hour the Chinese was found. 
 
 1 r Ja'panSTdy ittl very long before .be wa. fonnd, abo„t two 
 
 o'clock in the morning. 
 
 By Mr. „f heard while you were on the Elanea 
 
 a conversaln or stSeLnt made.by so.neone ^^i^^^^jT"^ 
 
 ,be boa,. ?ba. S while they were on the steamer, telling thenr, "All rrght, when 
 
 ^O"' lltLrdrdHtriy^rtiLe n,en'^ Just »bat was it that Hikn 
 ■H o tb«e 0,1 e aZs that yol, overheard ! Give the exact words that Ilikn 
 :,:ed in tote sailorsf the,n what wordd happen ,o thena .vhen 
 
 thev got to Lahaina. 
 
 " t f:r^t,t1v:d:t:Sikn ted. I don., care what the meaning 
 
 I iust want the conversation that you overheard. 
 Q -' Wer these sailors were drinking together and this big man he ay 
 thev was aroimd there and this man was telling to the other members, That s 
 St ; yorp-ple are having a good time like that- when we ge ov-, A-e 
 t wtl have a swini ; we will go there to Lahaina and have a swim there. 
 Q. And that was all you overheard i 
 
 wie you drinking with the sailors at the time you overheard this ? 
 
 A. Yes. 
 Q. 
 
 A. No. 
 
 ■ When did you first remember having heard this conversation ? Is this the 
 first time you remembered it ? 
 
 A.. The first time. . . „ ^- ,i- i 
 
 Q. You didn't say anything about this conversation at the luquost, d.d 
 
 you « 
 
 A Yes ' 
 q; I have here a copy of the testimony that you gave before the coroner s 
 inouest at Lahaina, Mr. Saffrey, and I have read it through and there isn t an> 
 
 at all about anything of that khid Now, why ^ 3--- roni.id> 
 a conversation of that kind now, when lust a few days atte, the a.cdait y.u 
 didn't remember anything about it ? ^^ ho told you tins . 
 
 \ Nobody told me this. , . 
 
 Q. Why didn't you tell it before the sherift au<l the corouer s jury at 
 
 ^'^'^''The reason why I <Udu't say auything in rc^u-d to this ^vas because 
 they won't give us time to answer or to explain-very little time— so 1 
 explain any further, and that is the very reason I haven t said so. 
 
 Q. that is your only reason for not having said anything al.o, 
 ^jji-ie — that you were hurried so ? 
 
 99 
 
 could not 
 ihont il ill ibc 
 
A. Yes ; because when 1 asked, he says, "Ilave you answered ?" I says 
 yes, because I could not stay there any further, because when they put the ques- 
 tion to me I answered and I told. It is true. I cannot explain anything further. 
 
 Q. You sjioke also of your wife having caxight the hair of the Japanese 
 woman who was drowned. What do you know al)Out that? How did you learn 
 of it '( Did you see it ? 
 
 A. No ; my wife told me. 
 
 Q. Then you don't know anytliiiig about it at all ? 
 A. No. 
 
 Q. Now, this Chinaman, you say you got the Chinaman that was later 
 drowned and pulled liim out from under the boat, thinking it was your wife? 
 A. Yes. 
 
 C^. Wlien you got him out why didn't you put him on the keel instead of 
 sending him ashore ? AVas it perfectly safe to walk ashore ? 
 a'. Yes. 
 
 Q. It was all right, was it, perfectly safe ? 
 
 A. Yes, sir. 
 . Q. Where was the water ? 
 
 A. Up here. (Pointing to his neck.) The steersmai> wanted to pull tlie 
 boat out. I said, "No; go inside." 
 
 Q. When the waves went doA\'n how deep was the water wdiere you were 
 standing out there ? 
 
 A. When the water is low, at the neck, and when it is high, over the head. 
 
 Q. And how is the walking from the place wliere the lx)at capsized towards 
 tlic shore ? Does it get shallower as you go in ? 
 
 A. Yes. ^ • ^ 
 
 Q. Well, coTdd a man walk ashore from the place where the boat capsized, 
 or would he have to swim part of the way ? 
 A. No; walk. 
 Q. Walk all the way ? 
 A. Yes. 
 
 Q. You said that the Kilauea was anchored two hundred yards further 
 towards Kaanapali than the Kilauea usually anchors. Do you mean by that 
 that the Kilauea was two hundred yards further away from her usual anchor- 
 age, or the Kilauea was two hundred yards further towards Kaanapali than the 
 otlier Inter-Island boats, the Claudine, the Mauna Loa or the Mauna Kea, or 
 any of the other boats anchor ? 
 
 A. Other boats anclior there. I am only estimating al>ont two hundred 
 yards. 
 
 Q. In other words, you were not referring to the usual anchorage of the 
 Kilauea, but the anchorage of the usual boats that go to Lahaina, when you said 
 that the boat was two hundred yards further tow^ards Kaanapali ? You are sure 
 if was two hundred yards? 
 
 A. I said at the buoy. 
 
 Q. Well, let that go. You said tliat the boat was two liundred yards fur- 
 ther towards Kaanapali ? 
 A. That is too far. 
 Q. A little too far ? 
 A. Yes. 
 
 (}. Not quite that far ? It was dark ? 
 A. Yes. 
 
 Q. Now, from tlie red light outside of the channel to tlio wliarf how far 
 is it? Is it as far as from hei-e to the McCandless buildins'^ 
 
 100 
 
A. Just about. 
 
 Q. Then, as I understand you, Mr. Saffrey, the position of the boat, of 
 the Kilauea, with reference to the channel was about this : A representing the 
 Kilauea, B representing the red light, and C the wharf '( (Showing the witness 
 a diagram hereto appended and marked Exhibit "B".) 
 
 A. Yes. 
 
 Q. You say that the boat started directly for the shore, the boat that you 
 were in ? 
 
 A. When the boat left the Kilauea the boat was like this. (Showing on 
 the diagram.) 
 
 Q. Directly towards the shore and not paying any attention wliatever to 
 the wharf then ? 
 
 A. Directly towards shore. 
 
 Q. And now you want to change your testimony ? On your direct exami- 
 nation you said when the boat left the Kilauea you left directly for the wharf. 
 ISTow you think that is wrong, do you ? 
 
 A. I didn't say that. I didn't say directly to the wharf. I said directly 
 to the shore. When the boat left the steamer they started direct to the shore 
 instead of direct to the wharf. That is what I said. 
 
 Q. Then your statement on direct examination, that the boat that you were 
 in, that capsized, when it left the Kilauea started for the wharf, is incorrect a^^d 
 you want to now change that and state that the boat instead of going in that 
 direction went straight towards shore ? 
 
 A. Yes ; I want to change that testimony. Instead of going direct to the 
 wharf going direct to the shore. 
 
 Q. During your examination by the coroner at the inquest held on the 
 death of the Chinaman and Japanese woman, you were asked this question: 
 "Q. That course that the boat took that night, is that the course generally taken 
 by^boats generally going to the landing?" Your answer to that question was: 
 "'No, except when it is very calm. I have never seen boats take that course in 
 rough weather." 
 
 A. My answer to that question is correct, according to ray own testimony. 
 
 Q. Well, how do you reconcile your statement now, that the boat was not 
 lieaded towards the landing, with the inference that is to be gained from this 
 answer of yours at the inquest that the boat was going towards the landing ? 
 
 A. Well, I don't believe that I ever said that the boat was heading to the 
 landing. I mean more directly to the shore in landing there with the boat, witli 
 tlie steamer. ^ ' 
 
 Q. As a matter of fact, Mr. Saflt'rey, aren't you trying to make your testi- 
 mony fit in with this story of the ducking that the crew was supposed to get ? 
 
 A. No. - 
 
 Q. Mr. Saffrey, if Eugene Devauchelle says that instead of you doing 
 anything to try to help any of the passengers or your wife or your children you 
 were standing out there in the water yelling your head oft', is that right or is tluit 
 wrong ? 
 
 A. Yes ; I was yelling, calling for help. 
 
 Q. That is true about your yelling for lielp, b\it how about Eugene Devau- 
 chelle's statement that you were not doing anytliing to render any assistance to 
 your wife or your children ? Is that true ? 
 
 A. That is true until the time the other girl came right under the boat 
 
 "Kokua, kokua ! Help, help !" 
 
 Q. On your direct examination, Mr. Saffrey, you said twice or three 
 times that at the time the boat was capsized you were in the cliaiincl. Kuw that 
 
 101 
 
I ,f tlif. rlivpption the boat was traveling in, 
 in the channel you were on ^l^e reef ? capsized in the chan- 
 
 We call that a channel. i . ^„ o-n^. nf thp nassengers and any of 
 
 n W-ic. there any conversation between any ot t le passen^^ j 
 Q. W ab tneie any Kn-mea until you were capsized, that 
 
 were capsized ? 
 A. No. 
 
 There was no conversation « 
 
 o-oing in the right direction ; we are going on the reel. 
 
 ^ Q And what was his reply ? 
 
 ;V "^,f tt 10.K. enough .0 that he codcl have heard i, J 
 
 t iu ta st^Kliug behind my back and I nst turned at h,m and told 
 
 W« ;hat we are too far below the channel. He don't say noth.ng. 
 Q. He never said anything ? 
 
 Q. Di*d he change his course after you made this remark ? 
 A. Yes ; he turned the course. 
 Q. Immediately? . 
 A Immediately turned his boat straight down 
 n So it was rioht after your remark that the boat capsized ? 
 1 Well afte^ I called his attention that we are not m the right course 
 at that same time he saw breakers 
 
 'I The iellan" Tlie steersman when he saw the breakers he eonld not 
 hplu turn the boat or else we would get capsized. • • v>+ 9 
 
 ^ Q At the time you made this remark were the breakers m sight ? 
 A Ttis de as we are going we see the breakers right m front of us. 
 Q. H^f f" Iway fi-onrthe breakers were you when this remark was 
 
 ""'*^^\ From the other wall of the room to this room. , 
 
 Q 1 )id anv ..ne else besides yourself call the attention of the boat steerer 
 
 t,. the fact that you were out of your course? 
 
 \ No • I was the only one that made that remark. 
 
 Q. You were sitting between the boat steerer and the rest of the passen- 
 gers, -re^n^U _^ ^^^^ ^^^^ ^^^^^^^ ^^^^ ^^^^^ ^^^^ ^^.^^ 
 Q. Where were the passengers, in front of you i 
 
 Q. So ff'au)!' oftlie other passengers made a remark to the boat steerer, 
 
 you would have heard it? 
 
 A I know I am the only one that asked him. , f 
 
 Q. Now, if Katie Keao says she told the boat steerer he was out of his 
 
 eourse;he is mi^ak^? ^^^^^ ^^^^ ^^^^^^ ^^^^^^.^^.^^ ^^^^ ^^^^^^ ^^^^^^^ 
 (,n1 of the course. 
 
 102 
 
By Mr. Forbes: 
 
 Q. Did you see any of the crew drinking, taking a drink ? 
 
 A. I didn't see them drinking, bnt they were all drnnk. I saw that. I 
 know that. 
 
 Q. What was your answer when Mr. Sutton said that if this Katie Keao 
 made a statement, that is, if she testified that she remarked the boat was not on 
 the right course — that she was mistaken ? What was your answer to that ? 
 
 By Mr. Sutton: I looked at the transcript and I see she didn't make that 
 statement until after the boat capsized. 
 By Mr. Sutton: 
 
 Q. You said you knew the crew was drunk. Were they all imable to 
 walk ? 
 
 A. They were drunk, but they could walk. 
 
 Q. They had been drinking, but they could walk '{ 
 
 A. Yes. 
 
 Q. Could they row? 
 
 A. Well, I can't tell, because when we got there A\']iether they were the 
 same men on the boat or different I could not tell. 
 
 Q. After this boat got into this perilous position, shortly after which it 
 was capsized, Avould it have made any difference if the crew had all been strono- 
 men without any touch of liquor in them ? ^ 
 
 A. It would not make any difference. We would capsize on the course 
 we had taken. 
 
 Mr. S. G. ^^"oda was duly sworn as interpreter. 
 
 Mr. Miziokami Kaokichi 
 was called as a witness, was duly sworn, and testified as follows: 
 By Chair-man Forbes: 
 
 Q. What is your full name? 
 
 A. My name is Mizokami ISTaokichi. 
 
 Q. What is your occupation ? 
 
 A. T am a milkman. 
 
 Q. Was you a passenger on the Kilauea on May the first ? 
 
 A. Yes ; I was. 
 
 Q. What was your destination ? 
 
 A. My wife was sick in town 
 
 Q. That is not the question. Where was you going in the Kilauea ? 
 A. I was on my way to my home in Lahaina. 
 Q. What time did you arrive at Lahaina? 
 A. T think about ten o'clock in the night. 
 
 Q. Which boat did you go ashore in, the first or tlie second boat ? 
 A. The second boat. 
 
 Q. Can you recognize any of the crew of the boat. 
 
 A. T cannot recognize. T cannot tell who it is. 
 
 _ Q. Did you see anything unusual about the crew? Had thcv Ixvn 
 drinking? 
 
 A. I cannot recollect whether thev were drunk or not. 1 <lid.rt "•o int., 
 that so far. I couldn't tell 
 
 Q. What time did you arrive at Lahaina ? 
 
 Q. How far was it from the Kilauea to where tlie boat ca])sized ? 
 A. I couldn't tell the exact distance, but about five minutes after the 
 boat left the steamer. 
 
 Q. Where was the small Imat you was in when it capsized? 
 
 103 
 
i 1 could not describe exactly where the boat capsized. I can only tell 
 it was about five minutes after it left the steamer. ^ 
 O Do you know Avhether you were m the channel oi on tUe ieei 
 i: It was quite a deep place and I think it is about five n.nutes afte. 
 we left the steamer. 
 
 wavef pushed .^e riongsid/to the -erf tl,™ I found out .t was shallow. 1>„. 
 
 where I fell down it was deep. 
 Q, Can you swim ? 
 
 A. Yes; I can. . 
 
 n What did you do when the boat capsized , . t ^ . 
 
 A As soon as' the boat capsized I could not do anything- I was under 
 the boat. T tried something, but I could not do. 
 Q. How long were you under the boat < 
 A. About fifteen minutes. , . ,r 
 
 O How did you get out from under the l)oat C , , , . „. 
 
 ^ ml the boar capsized I could not t.ll, but as the boat came alons^ 
 
 we .Igid l eTett" off afte' we wove oapsi.ed until I got alongstde to wbe.-e ,t 
 „f fu.bet^assistW^^ ^^^^ 
 
 should have done outside of what they done. I could not tell an.thtng. That 
 
 *Q 'HlV^'been abused by any of the Intc-Island officers o. e.ews? 
 t Well I didn't see anybody abused ov anything like that. I think that 
 the handling of the third class passengers is not the right way. , . , „ 
 
 Q Did you swim ashore from the capsized boat or did yon get into a 
 
 small boat and go ashore? 
 
 A. I went ashore on the boat that went before. 
 
 A. Yes • ^-Bo^l boat. They were back already when I came out from 
 
 '"'"^"(^''"wt"it true that you had already gotten assistance from the Inter- 
 Island by getting into this No. 1 boat ? , , ^ . j f 
 .A. " I think it was the crew of the first boat that helped me out and put 
 
 uie on the boat and took me ashore. , , „ 4:,.^,n 
 
 Q. Did you see any of the crew of the second boat after you came iiom 
 
 beneath the boat ? , -, t ^ + n 
 
 A That was the first time I rode in the boat and 1 cannot tell. 
 Q. Did you know the Japanese lady that was drowned? 
 A. Yes ; I did know. 
 
 Q. Did you know she was beneath the boat? 
 
 104 i 
 
A. I could not exactly tell whether that is her or not, but I felt with niy 
 foot there was some other person beside me. 
 
 Q. How was it that you felt her wdth your feet ? Was it someone in the 
 bottom ? 
 
 A. The one I felt was drowned already while I was hanging onto the 
 ■ boat. I felt it down in the bottom. 
 
 Q. Did you make any effort to reach her ? 
 A. ISTo; I didn't try to help her. 
 Q. Why not? 
 
 A. Well, I Avas the one myself that was nearly going to die ; so I didn't 
 care to pick up the other person below me that I felt. 
 Q. How long have you lived in Lahaina ? 
 A. About fourteen years. I took a trip to Japan once between. 
 Q. Have you been to Lahaina many times ? 
 A. About three or four times. 
 Q. Are you a fisherman ? 
 
 A. m. 
 
 Q. Did you feel any sense of danger when you was Ijeneath the boat ? 
 A. Yes ; I did. 
 
 Q. It was not worth the effort to try and save this Japanese woman that 
 you were probably walking on? You stated that you felt with your feet this 
 woman on the bottom. Did you walk on her ? Did you step on her ? 
 
 A. I didn't do any such thing as that. 
 
 Q. Were your feet on the bottom when you were beneath the boat ? 
 A. ISTot at the first time, but gradually when the boat came to shore iny 
 feet were on the bottom. 
 
 Q. Well, were your feet on the bottom when you saw this Japanese lady ? 
 
 A. 'No ; not at that time. 
 
 Q. It was in deep water, was it ? 
 
 A. It was in deep water. 
 
 Q. WTiere did you go after you got ashore ? 
 
 A. I went to my relative at the Lahaina hotel after I .got ashore. 
 Q. Was you summoned l)efore the Coroner ? 
 A. Ro; I didn't go. 
 
 By Mr. Scott: Q. I would like to ask this witness. He testified here that 
 the third class passengers he didn't think were properly handled. In what uuui- 
 ner aren't they properly treated ? 
 
 A. I could not point out one hj one where they were not treated rightly, 
 but of course I am complaining with the first class passenger and the third 
 class. 
 
 By Mr. Williams: He means he thinks as a general rule they are not 
 treated as well as the third class passengers should.be. 
 By Mr. Sutton: 
 
 Q. When you were under the boat and during the time you felt this 
 woman under your feet, or with your feet, what were you doing? Wliat was 
 your position under the boat ? 
 
 A. I just hung onto the boat and did the best I could to hold onto it. 
 
 Q. AVhat part were you holding onto, one of the seats ? 
 
 A. The middle part of the boat. I was hanging onto the middle of tlu! 
 boat. There was a board across the middle of the boat, just where the l)ottoiii 
 of the boat is. 
 
 Q. One of the floor boards ? Was your head out of water ? 
 A. My head was out just enough to breathe. 
 
 105 
 
Q. Was your head touching tlie l)Ottoni of the boat ? 
 
 A. Yes, sir. ^ , , . n ^ 
 
 Q. So that when you were standing up you would stretch from the bottom 
 of the boat downward about five feet two, wouldn't you ( 
 
 A. About that. . i , . ■ ^ 
 
 Q. Was that your position during all the time after the boat capsized 
 until the boat was overturned and you were taken out? 
 
 q'. Then by deep water you mean water that was below the bottom of 
 
 your feet ? 
 A Yes 
 
 q' \nd when vou got to shallow water that is when your feet touched 
 bottom'^ In other words,^ou might have been in five feet of water when you 
 call it deep water ? This woman you felt with your feet, did she grab your feet ^ 
 
 \ The person I felt with my feet didn't even try to grab my legs. 
 
 Q. Do you know what part of her body you struck with your feet ? 
 
 A. I could not tell. 
 
 Q. You could not tell by the feeling ? 
 
 A. 1^0, sir. 
 
 Mrs. Papu Saffery 
 was called as a witness, was duly sworn, and testified as follows : 
 7? 7/ Chairman Forbes: 
 
 Q. What is your full name ? 
 
 A. Papu SafFery. 
 
 Q. Where do you live ? 
 
 A. Olow-ftlu. 
 
 Q. Was you a passenger on the Kilauea the night of this accident i 
 A. Yes. ' 
 
 Q. Was you in the first or the second boat to leave the vessel ? 
 
 A. Second boat. 
 
 Q. Who was with you ? 
 
 A. Myself, my husband, my children, a Chinese and Japanese. 
 Q. Do you know how many |)assengers there were ? 
 A. Ten. 
 
 Q. Was you sitting close to your husband ? 
 A. Yes. ' 
 
 Q. Did you hear your husband speak to the boat steerer ? 
 A. Yes. ' 
 
 Q. mat did he say ? 
 
 A. T heard him say that tlie l)oat is too far down and not in the regular 
 place to go to the wharf. 
 
 Q. Did the boat steerer answer him ? 
 ■ A. No. 
 
 {}. What did he do? 
 
 A. Still steering the boat. 
 
 (}. How far was the boat from the vessel at this time? 
 .v. T could not remember how far. 
 
 Q. How soon after your husband spoke to the boat steerer did the boat 
 capsize ? 
 
 A. Right after he told the steersman and then the boat capsize. 
 (}. Did the boat steerer shift the course or change the course of the boat 
 when vuiir Inisbaiid told biin he was on the wrong course? 
 
 106 
 
A. Yes ; he changed the course towards Hawaii and right then the boat 
 capsized. 
 
 Q. Did yon see the oar break, the steerer's oar break % 
 
 A. i^o. 
 
 Q. Did yon see any of the oars break ? 
 
 A. No. 
 
 Q_ Did — were all yonr children around you when the boat capsized ? 
 
 A. Yes. 
 
 Q. When the boat capsized what did you do \ 
 
 A. I called for help. 
 
 Q. Well, was you under the boat ? 
 
 A. Yes. 
 
 Q. Where were your children ? 
 
 A. Under the boat with me. 
 
 Q. Did you hold onto them ? 
 
 A. Only one of the girls. 
 
 Q. Where were the others ? 
 
 A. The other children I don't kno\v where they are. 
 
 Q. Did you know that all of your children were mider the boat \ 
 
 A. I only know one. 
 
 Q. Was your husband under the boat with you '\ 
 
 A. No. 
 
 Q. Where was he % 
 
 A. He dive up out of the boat. 
 
 Q. Was there enough room under the boat by which you could freely 
 breathe and talk? 
 
 A. Yes; there was room there provided that the seas goes down, but of 
 course when the seas go up we have to go under water and when the seas goes 
 down we have plenty of room to breathe. 
 
 Q. How long were you under the boat? 
 
 A. I don't remember how long. 
 
 Q. Who got you out from beneath the boat % 
 
 A. My big daughter. 
 
 Q. Didn't your husband help to get you out ? 
 
 A. He got out of the boat with the other little boy. He could not leave 
 that little boy. He got out together with that little boy. 
 
 Q. What was done with you when you got out from beneath the boat ? 
 
 A. I was carried over a boat. 
 
 Q. On top of the boat ? 
 
 A. I was carried over onto another boat. 
 
 Q. Who carried you over there? 
 
 A. Cousins to my husband. 
 
 Q. Was your husband there when you got out from under the boat? 
 A. He was already on the boat and I was carried too. 
 
 Q. What boat was this your husband was on? 
 
 A. It is a boat from shore. T don't remember wlio owns the boat, Imt 
 
 1 saw a lot of Japanese in the boat. 
 
 Did you see the Chinese or the Japanese girl ? 
 A. They were lost in the boat. 
 Q. Where were they when you last saw them? 
 A. I last seen them when we were on the boat, before we capsized. 
 i\. Did you see them after the boat capsized ? 
 A. No. ' 
 
 107 
 
Q. Did the Iwat's crew render assistance in rescuing the passengers ? 
 A. No. 
 
 q' Where was the boat's crew when you came from beneath the boat \ 
 A. When I came out from under the boat I didn't see them; only the 
 Ijoat steerer holding the boat. 
 
 Q. Did the boat steerer help to rescue any of the passengers $ 
 A No : he is holding the boat — the boat steerer. 
 
 Q. Who was instrumental in making this rescue ? Who was instrumental 
 in sending the passengers in, if the Inter-Island was not ? 
 
 A. Only me and a man that dived under the boat and picked me up. 
 q'. Who was that man that dived under the boat and picked you up 
 A. ISTinau. 
 
 (^. Is he a Hawaiian? 
 A. Yes. 
 
 Q. Who rescued your children? 
 
 \ The other girl with me under the boat we go together when the other 
 man dive underneath to pick out under the boat. That girl went with me, and 
 the other one went Avith my husband already out there. 
 
 Q. Where did you go when you got ashore ? 
 
 A. When we got ashore we are taken over to my husband's family. 
 i\. Did you lose your personal effects ?^ 
 A. Yes ; except the clothes I was Avearing. 
 Q. Were the boat's crew drunk? 
 
 A. I don't remember. Only when we were on the steamer I saw some 
 of them drunk. 
 
 Q. Did you see them drinking ? 
 A. No. 
 
 Q. How did you know they were drunk ? 
 
 A. I know by their actions, talking. 
 
 Q. Are you sure it was the boat's crew that was drunk ? 
 
 A. No. 
 
 Q. You are not sure? 
 A. No ; dark. 
 
 Q. Was you with your husl)and all the time while you was aboard .the 
 Kilauea and after you went aboard the small boat? 
 A. Yes. 
 
 (\. Did you see the men drunk or did your husl)an(l tell you they A\'ere 
 drunk ? 
 
 A. I saw them because they were sitting around us. 
 
 (^. Wliere were the men when you tirst saw them drunk? 
 
 A. On board the steamer, 
 
 Q. What part of the steamer ? 
 
 A. On the stern. 
 
 Q. Steerage? 
 
 A . Yes ; steerage. 
 
 (J. Was you a steerage passenger or a first class passenger ? 
 A. Steerage. 
 
 (\. Describe the hx-atiou of the boat when it capsized. Where was it with 
 refereiK'e to the channel? 
 
 A. T cannot remember. 
 
 Q. Could your feet touch the l)Ottom when you was in the boat ? 
 A. No" I don't ]uit iny foot down because I was holding to the inside 
 bottom of the boat. 
 
 108 
 
Q. And do you consider that the Inter-Island Company did everything in 
 their power to assist in the rescue ? 
 A. I don't know. 
 
 Q. You don't know ? • • 
 
 A. I don't know. 
 
 Mr. Sutton: 'No questions. 
 
 Katie Keao, 
 
 called as a witness, was duly sworn, and testiiied as follows : 
 By Chairman Forbes: 
 
 Q. What is your name ? 
 
 A. Katie Keao. 
 
 Q. Where do you live ? 
 
 A. Olowalu. 
 
 Q. Was you a passenger on the Kilauea the night of this accident? 
 A. Yes. 
 
 Q. Was you a first class passenger or a steerage passenger ? 
 A. Steerage passenger. 
 
 Q. Did you see the members of the crew of your hoat on the Kilauea dur- 
 ing your trip from Honolulu to Lahaina ? 
 A. 1^0. 
 
 Q. You didn't see the members of the crew ? 
 A. No. 
 
 Q. Do you know whether or not any of the members of the boat's crew 
 were drunk ? 
 
 A. No ; I don't know because when I got on the steamer I sleep. I seasick. 
 Q. You were on the first or the second boat that left the Kilauea this 
 night ? 
 
 A. The second boat. 
 
 Q. Was you seasick when you left the ship ? 
 A. Yes. 
 
 Q. You were still seasick ? 
 A. Yes. 
 
 Q. Where was you located in this boat ? 
 A. I was sitting together with Saffery and wife and children. 
 Q. Do you know how far your boat was from the vessel when it capsized ? 
 A. I don't know that because I am seasick. I do not know. 
 Q. Did you hear Mr. Saffery tell the boat steerer that the boat was off its 
 regular course? 
 A. Yes. 
 Q. You did « 
 A. Yes. 
 
 Q. Did he speak loud enough so that the boat steerer could hear him ? 
 A. Yes; he spoke loud enough. 
 Q. What did he say? 
 
 A. He said, "We are too far down to the landing." 
 Q. Did the boat steerer make any reply ? 
 A. No. 
 
 Q. What did he do? 
 
 A. He was steering the boat. So one of the waves came up. So lie turned 
 the boat over to the side. 
 
 Q. He turned the boat broadside to the wave? 
 A. Yes. 
 
 Q. So that the wave hit the boat broadside? 
 
O Yes 
 
 Q. md you kiH.xv where your boat was at that time ? ^Yere you in the 
 m u el or on the reef or near the reef 
 
 A. Further down towards Kaanapali-side. 
 
 Q. Further down towards the Kaanapali side ? 
 
 A. Outside of the reef. 
 
 Q. Now, when the boat capsized what did you do ( 
 
 A*. I was under the boat and I was calling for help. 
 
 Q. You were under the boat and calling for help ? 
 
 Q. Yes. 
 
 Q. Where was Mrs. Saffery ? 
 
 A. She was under too. 
 
 Q. Close to you '^ 
 
 A. Yes. 
 
 Q. Could you talk to her ? 
 
 A Yes ; we both of us were calling for help. 
 
 Q. Well, did you have any conversation Was it so you coukl speak witli 
 Mrs. Saffery under the boat. 
 
 A. I don't talk with her. I just only call "Help! Help! 
 
 Q. AVhere were the children ? 
 
 A. The children I don't know. 
 
 Q. You don't know. 
 
 Q. Did you see the Chinese man or Japanese girl that were drowned « 
 
 A. Jfo. ' 
 
 Q. At no time did you see them ? 
 
 A. ISTo, sir. 
 
 , Q. AVas you facing the boat steerer or facing the 
 
 A. (Int.) I was facing the bow. 
 
 Q. How long was you under the boat i 
 
 A. I was under the boat I think about ten minutes. 
 
 Q, About ten minutes '!' 
 
 A. Yes, . , , . , ^ . 
 
 Q. ■ Did you tiud space enough between the boat with which to breatiie 
 
 f reelv ? 
 
 'a. Yes ; when the wa\'es go dowm I could breathe. If the waves came up 
 m\ head would be under the water. 
 ' Q. Did you see any of Mrs. Saffery's children while you were under that 
 
 boat ? 
 
 A. No. 
 
 Q. Who rescued you from beneath the boat ? 
 
 A." Myself. 
 
 Q. What did you do ? 
 
 A. I catch the edge of the boat and hold one hand like this and come up. 
 (Illustrating.) 
 
 Q. Can you swim? 
 
 A. Yes.' 
 
 Q. Did you see the boat's crew when you came from under the boat c 
 
 A. No ; I couldn't see them. 
 
 Q. None of them? 
 
 A. None of them I didn't see. 
 
 Q. Who was around the boat when you came out ? 
 
 A. Well. John Saffery with his little son. 
 
 110 
 
Q. Did you bring anybody out when you came out from under the boat ? 
 A. When I came out one small boat came out from the harbor and took 
 me out. 
 
 Q. As soon as you came out from beneath the boat you were taken in a 
 small boat and taken ashore? 
 A. Yes, sir. 
 
 Q. And you didn't see anything of the rescue there? 
 A. 1^0, sir. 
 
 Q. You don't know what became of the Chinese boy or Japanese girl ? 
 You don't know anything about that? 
 
 A. ISTo, sir ; because I w-as the first one went ashore. 
 
 Q. You didn't see any oars break on the trip from the vessel to the shore 
 until you capsized ? ' 
 
 A. iS^o, sir. 
 
 Q. But you did hear Mr. Saffery tell the boat steerer he was not on the 
 right course? 
 
 A. Yes, sir. 
 
 Q. Can you describe where the boat was at any time from the time it left 
 tlie vessel until it capsized? 
 
 A. It was too far down where the harbor is. The boat was lieaded directly 
 to shore. 
 
 Q. Have you made many trips between Honolulu and l.ahaina ? 
 A. Yes. 
 
 Q. How many have you made ? 
 A. Four times. 
 
 Q. Was the boat on any different course this time than any other times 
 vou were aboard ? 
 A. Ko. 
 
 Q. Ko different course ? 
 A. This is different. 
 
 Q. What did you do when you got ashore ? 
 
 A. I went to my sister's place and changed my dress. 
 
 Q. And then what did you do ? 
 
 A. From there I went home. - 
 
 Q. You went home? 
 
 A. Yes, sir. 
 
 Q. Are you satisfied that the Inter-Island did all they could to rescue 
 these passengers ? 
 A. No. 
 
 Q. They did not do all they could ? 
 A. ^0.' 
 
 Q. What makes you think they didn't ? 
 A. I don't know why that. 
 Q. You don't know? 
 A. ^o. 
 
 Q. You said when you came out from under tlic boat that you did not 
 see the Chinaman ? 
 A. Yes. 
 
 Q. Did you see any of the rest of the passengers ? 
 A. T didn't see them; no. 
 
 Q. What made you remark that the crew were damn fools wlicn you ciiiiio 
 from beneath the boat? 
 
 A. Because we call for help and because they don't coinc so (|iiick, hccaiisc 
 
 1 1 1 
 
they were damn fool because they don't come so quick, and I scream and scream 
 
 and I cannot call any more. . , . ^■ 
 
 Q At any time you were under the boat did any of the boat s crew clive 
 beneath the boat and get any of the passengers? Did you feel anybody touch 
 vou ? 
 
 A. No. ^ , , 
 
 Q. And all the rescues that were made were made by the passengers 
 themselves or someone who were not members of the crew ? 
 
 A. I don't know that because I was the first to be taken ashore. 
 
 q'. l^ow, at the Coroner's inquest didn't you say you were put on the keel 
 of the boat ? Didn't you give that evidence, that you were put on top of the keel ? 
 
 A. Yes ; I climbed myself on the boat. 
 
 Q. What makes you state now, then, that when you came out from beneath 
 the boat you were put in a small boat and taken ashore ? 
 
 A. ' From that place. They came down quick and got me. I sat down ; 
 they come right away. 
 
 Q. Well, was you on top of the capsized boat? 
 
 A. Yes, sir. 
 
 Q. Wlio put you there? 
 
 A. Myself ; I climbed on. 
 
 Q. You climbed on? 
 
 A. Yes. 
 
 Q. Didn^t you say that as soon as you got out of the boat you got into a 
 small l)oat and rode right away? 
 A. After that the boat came. 
 
 Q. How long were you on the upturned boat before you were taken away ? 
 
 A. I think about two minutes. 
 
 Q. Wlio else was on the upturned lioat? 
 
 A. John Saffery. 
 
 Q. And who else? 
 
 A. And his little son. 
 
 Q. Where was his wife? 
 
 A. Well, still imderneath. 
 
 Q. His wife was under the boat and he was on top ? 
 A. Yes. 
 
 Q. What did he say to you ? 
 
 A. We call for help. We call for help, and nobody come. Then in about 
 five minutes the first boat came down. 
 
 Q. Did John Saffei-y make any effort to save his family ? Did he try to 
 save his family ? 
 
 A. Yes. 
 
 Q. How ? 
 
 A. The small boat took his little son off. 
 
 Q. No, no. You stated that his wife and children were under the boat. 
 A. Yes ; two of them, she and the little girl. 
 Q. And bo was on top of the boat? 
 A. Yes. 
 
 Q. All this time? 
 A. Yes. 
 
 Q. Did he tell you that he knew they were in there under the boat, or 
 did you tell him ? 
 A. He know. 
 
 112 
 
Q. And he sat on top of the hoat and didn't try to dive heneath and get 
 his family out ? 
 
 A. Because the little son Avas there; so he could not let the little son go. 
 
 Q. Couldn't you have held the little son ? 
 
 A. He had the little son, and then I had the little son. 
 
 Q. Then after that what did he do? 
 
 A. After that I don't know. 
 
 Q. After you took the son did Mr. Satfery stay out there by the capsized 
 boat ? 
 
 A. Yes ; only myself and his son went out to the shore. 
 
 Q. Did you see Mr. Saffery when he came to the shore ? 
 
 A. 'No ; I didn't see him because I was going to my sister's house. 
 
 Q. When you and the little boy was on the boat alone where was Mr. 
 Saffery at this time ? 
 
 A. Mr. Saffery Avas near to the capsized boat. 
 
 Q. In the water ? 
 
 A. Yes; in the water. 
 
 Q. What was he doing ? 
 
 A. Well, I don't know that. 
 
 Q. Did you see the boat steerer in the water ? . • 
 
 A. I don't know. 
 
 Q. Do you knoAv the boat steerer ? 
 
 A. ISTo ; I don't know him. 
 
 Q. Do you know any of the boat boys ? 
 
 ■ A. No. 
 
 Q. Had you ever seen them before? 
 
 A. No. 
 
 Q. Did you see any of the boat boys on shore when you got on shore ? 
 
 A. No; because I went right home. 
 
 Q. How many people were around the boat Avhen you came from beneath 
 it? When you came from beneath the boa't how many people did you see 
 aroimd ? 
 
 A. I only saw John Saffery and his son. 
 
 Q. And you were under the boat how long ? 
 
 A. About ten minutes. 
 
 Q. How long before the first boat came back, the first Inter-Island boat, 
 that had the first passengers ? Hoav long before it came back from the Avharf ? 
 
 A. 
 
 I think about five minutes. 
 
 
 Q. 
 
 Was you there then ? 
 
 
 A. 
 
 Yes. 
 
 
 Q. 
 
 What was in this boat that came back? 
 
 
 A. 
 
 I don't know. 
 
 
 Q. 
 
 Some of the boat boys ? 
 
 
 A. 
 
 Yes. 
 
 
 Q. 
 
 The boat steerer ? 
 
 
 A. 
 
 Yes. 
 
 
 Q. 
 
 Why didn't you get into that boat ? 
 
 
 A. 
 
 They tolfl me to go homo in that small boat. 
 
 
 Q. 
 
 Did you see Avhat they did Avlien they got t< 
 
 the capsized boat 
 
 A. 
 
 No ; I didn't see. 
 
 
 Q. 
 
 You didn't see? 
 
 
 A. 
 
 No. 
 
 
 Q. 
 
 You stated that yon saw two Avaves strike the 
 
 boat ? 
 
A. Yes. 
 
 Q. The fir^t one didn't capsize you? 
 
 A. No. 
 
 Q The second one? 
 
 A. Yes. 
 
 Q. A big one? 
 
 A. E"ot very big. 
 
 Q. Was the second one bigger than the first '( 
 
 A. Yes. 
 
 Q. The second was bigger than the first ? 
 
 A. I^ot very big. 
 
 Q. Not very big ? 
 
 A Yes. 
 
 Q. Did' yon know tliat there was a Chinaman and a Japanese girl lost ? 
 
 A. No; I did not. 
 
 Q. men did yon know it ? When did you first hear about it i 
 
 A. In the morning I heard that, because I went right straight home. 
 
 Q. And you don't know very much alwut this at all, do you ? 
 a'. No ; I don't know^ very much because I went home straight. 
 
 By Mr. Sutton: . 
 
 Q. Just a few moments ago you said when you got out trom under the 
 boat there was no one there but'^John Saffery and his little son and that they 
 were sitting up on the keel of the boat. Is that right ? 
 
 A. Yes. 
 
 Q. How about the boat steer er ? 
 A. I didn't see him. 
 Q. You didn't speak to him ? 
 A. No. 
 
 Q. At the coroner's inquest you said that when you got on the boat you 
 told the boat steerer he was a damn fool ? 
 A. Yes ; I told to John Saffery. 
 
 Q. Then let me call your attention to the testimony you gave before the 
 coroner's inquest. The question was this: "Did you say anything to the boat 
 steerer ?" 
 
 A. No; I didn't. 
 
 Q. Well, this is what you said: "A. I told him he was a daimi fool. 
 They ought not to turn up this way. Q. When was that you told them ? A. 
 After the boat ca]isized and I came out. AVbo did you tell that to ? A. I don't 
 know who it was. ^en I came out there was only one sailor." Now, Avas 
 there any sailor there ? 
 
 A. I didn't see any sailor. 
 
 Q. So, then, this testimony before the coroner's inquest is not correct ? 
 A. I only saw John Saffery there and this little boy. 
 
 Q. And there was no sailor there? That is what you want to testify to 
 
 now 
 
 A. Yes ; T didn't see any sailors there. 
 
 Q. Then let me call your attention to a little more of the testimony of 
 yours before the coroner. After you had answered that there was only one 
 sailor there the coroner said. "Any questions?" And Juror Whitehead says, 
 "She says one sailor. Does she know w-hat particular sailor it was ?" And you 
 answered, "T can't see plainly. I saw only one was there. Q. You don't know 
 whether that was the man who steered the boat or not? A. I don't know." 
 Tlicu (piestion l)y Mr. Mossman : "Q. Did anybody put her on the keel of the 
 
 114 
 
boat ? A. Yes ; one sailor. The one that was outside when I came out." Now, 
 is that all wrong ? Is what you are telling now the correct statements ? 
 
 A. I didn't say any sailor. I think there was a sailor there. 
 
 Q. ]S[ow, didn't that sailor help you on the keel of the boat ? 
 
 -A. No. 
 
 Q. Then when you said then that he helped you on the keel of the boat 
 you made an incorrect statement and what you are telling now is right 'i 
 A. I think what I told is right. 
 
 Q. You think what you told before the Coroner's inquest w^as right? 
 Your recollection of the events at that time was better than it is now? 
 A. Yes. 
 
 Q, That Coroner's inquest occurred on May 6th ? 
 A. Yes. 
 
 Q. And your recollection at that time was better than it is now ? 
 A. Yes. 
 
 Q. So if there is any difference between your testimony today and what 
 it was before the Coroner's inquest you think the statements made before the 
 coroner's inquest were correct and what you state now^ is incorrect in so far as 
 it differs from the other ? 
 
 A. Yes. 
 
 Q. When you started in towards shore from the Kilauea and before you 
 were capsized were you standing up in the boat or sitting down ? 
 A. Sitting down. 
 
 Q. Was your head high enough so that you could see out towards shore ? 
 
 A. No. " ' • 
 
 Q. You were sitting in the bottom of the boat ? 
 
 A. Yes. 
 
 Q. And you could not see what direction it was going ? 
 A. No. ' 
 
 Q. Then you could not see anything ? 
 A. I could only see the black thing. 
 
 Q. You don't know from what you saw whether there was a first wave 
 that turned the boat over or a second one that capsized it ? It was merely wliat 
 ' vou felt ? 
 
 A. Yes. 
 
 Q. Now, when you were before the coroner's inquest you gave a very ac- 
 curate description of the location of the boat at the time it was capsized, show- 
 ing how the boat was in relation to the waves. You were asked this question : 
 "How many waves did you see?" And to that you answered: "Two waves, 
 but the first- wave was not so trouble, but the second wave capsize." Now, if 
 you told the coroner's jury that you saw two waves, would you say that you 
 saw them or would you say that you didn't see them, at the present time ? 
 
 A. I saw them. 
 
 Q. Then you were not down in the boat^ where yon couldn't sec the waves ? 
 A. I could see the black thing. 
 
 Q. Then you must have been sitting high enough so that your head was 
 at least above the level of the gimwale of the boat? 
 A. I was sitting on a level. 
 Q. Sitting on the side? 
 A. Yes. 
 
 Q. Then vou could see the waves ? 
 A. Yes. 
 
 115 
 
Q. Well, l>efore Mr. Saffery spoke to the boat steerer was the boat headed 
 
 for the wharf 
 
 A. Yes, sir. 
 
 Q. Headed towards the wharf ? 
 
 0 ?n a stoight line from the steamer Kilanea to the wharf or more up ? 
 Here ; a piece of ^aper I have marked. This line here is the shore. _ I have 
 written the word "shore" there. The letter "C" is where the wharf .s. The 
 letter "B" is where the lighted buoy is. 
 
 Chairman Forbes: Q. Do you know what a biioy is ^ 
 
 A. Yes, sir. 
 
 By ilfr. ^^^^^^ ^^.^^ ^i,, ^ilauea was down about hei-e at^ the 
 
 point ''A". Now, in which direction did the small boat travel from the time 
 it left the Kilauea until you were capsized— towards the wharf i 
 
 A. Running straight up. 
 
 Q. This way or that way ? 
 
 A. (Witness shows on diagram.) 
 
 (1 Oh, running straight towards shore? 
 ^^6S Sir. 
 
 q'. Js^ot towards the wharf, straight in towards the shore? 
 A. Yes, sir. 
 
 Q. Not away towards the red light ? 
 
 A. No, sir. , . , . , 1 ^1 1, 0 
 
 Q. Not down towards Kaanapali, but straight m towards the shore ( 
 
 The diagram 'shown the witness is hereto appended and marked Exhibit "B . 
 Mr? Farm Cornn was duly sworn as interpreter. 
 
 Mk. Y. Chueng Kong, 
 called as a witness, was duly sworn, and testified as follows: 
 
 By Chairman Forbes: 
 
 Q. What is your name ? 
 
 A. Y. Chueng Kong. 
 
 Q. Where do you live ? 
 
 A. You want now or at the time ? 
 
 Q. Well, where do you live now ? 
 
 A. Some place I don't know the name of the street. 
 
 Q. In Honolulu? 
 
 A Yes ; I live in the city now, from Bahama. 
 
 q'. Was you a passenger on the Kilauea on the night of May the 1st ( 
 
 A. Yes; I was. 
 
 Q. A steerage passenger ? 
 
 A. Steerage passenger. . i , , , 
 
 Q. AVhat boat did you leave the ship m, the first or the second boat, to 
 
 come to the wharf at Lahaina? 
 A. The second boat. 
 Q Who was in the second boat ? 
 
 v. I remember there was two Chinese, one other Chinese and myself, and 
 there were some Japanese and Hawaiian?; just how many I couldn't say. 
 Q. What was the weather ? 
 A. It was good weather ; it was pretty calm. 
 Q. Hid yon notice whether or not the boat boys were intoxicated ? 
 
 110 
 
A. I couldn't say whether they were intoxicated or not. I didn't pay any 
 particular attention to them, but the waves were about the same as usual. 
 
 Q. Can you describe the position of the boat when the wave struck it ? 
 
 A. Well, we were capsized just as soon as we were struck by the waves. 
 
 Q. Just as soon as you were struck by the waves? 
 
 A. Yes, sir. 
 
 Q. Was the boat heading towards the shore ? 
 
 A. Well, the boat was headed towards the Chinese stores. 
 
 Q. A^^iere was you sitting in the boat ? 
 
 A. I was at the head of the boat with the rower. 
 
 Q. The head of the boat ? 
 
 A. Yes. 
 
 Q. Was the other Chinaman that was lost sitting near you ? 
 
 A. I think he is about in the center of the boat. 
 
 Q. Did you know him ? 
 
 A. Yes ; I know him. 
 
 Q. Where was you when the boat capsized ? 
 
 A. I don't know where I was. I was in the water. Just where I was T 
 
 couldn't say. 
 
 Q. What did you do when the boat capsized ? 
 
 A. After it capsized and I was thrown around I got out of the boat, out 
 of the water, and I had hold of one of the oars, and I held onto that. 
 
 Q. Well, were you under the boat any length of time? 
 
 A. JS^ot very long. I came out of the bottom right away. 
 
 Q. Did anybody help you out ? 
 
 A. i^obody helped me. ' . 
 
 Q. Did you see any broken oars ? 
 
 A. I didn't notice any oars broken. 
 
 Q. What did you do when you got out from underneath the boat ? 
 
 A. Well, after I got out of the boat and got hold of the oar I held it under 
 my arm and I was walking around and swimming around in some deep place 
 and I was out there for quite a while until a boat came and took me ashore. 
 
 Q. What boat took you ashore ? 
 
 A. There is a boat that carried mail. 
 
 Q. Was it an Inter-Island boat? 
 
 A. It is. 
 
 Q. An Inter-Island boat ? 
 
 A. Yes. 
 
 Q. Did you see any of the crew — any of the l;)oat crew — after you got out 
 from under the boat ? 
 
 A. I didn't see any. 
 
 Q. Did you look for them ? 
 
 A. Well, I looked around and I didn't see any. 
 
 Q. You didn't see anybody ? 
 
 A. No. 
 
 Q. Didn't you see a big fat man sitting on top of tlie boat ? 
 
 A. Yes; T saw one there, and then he disappeared. lie had a boy wilh 
 
 him. 
 
 Q. He had a boy with him ? 
 
 A. Yes. 
 
 Q. Then this man was under the l)Oiit for some time, llien — tor some 
 little time ? 
 
 117 
 
A. No; I didn't see tins man with tlie hoy right away.. It was after a 
 
 while I saw him. , . 
 
 Q. Did the niemhers of the crew help yon m any way . 
 
 A. No. , , a 
 
 0 Did von see the n.e.ahevs of the erew help any one 
 
 1 I didn't see any. It was quite dark then and T eouldn t see and I 
 
 didn't see any there. 
 
 Q How long before a boat came to your rescue i 
 A. I think it is between ten and twenty minutes. 
 
 Q. Did the Inter-Island Steam Navigation Company render all the assist 
 ance possibleJ_ ^^^^^ ^^^^^ .^^ ^^^^^^ ^^.^ ^^^^^ ^ ,,^^e 
 
 after we are sending for help. 
 Q. Can you swim? 
 A. Yes ; a little. 
 
 1 S! rr" lairr i ...^ o,. ^.u i 
 
 working in the cane field at the plantation. _ 
 
 Q. How long have you lived in Lahama ( 
 
 A. That is the first' time I arrived at Lahaina.. 
 
 A. The first time ? 
 
 A. Yes, the first time. 
 
 Q. Did you lose your personal effects ? 
 
 A. I lost all my personal effects. . . ^ , 
 
 Q. Did you report it to the Inter-Island Steam Navigation Company i 
 
 A. No ; I haven't. 
 Mr. Sutton: No questions. 
 • Mr. Scott: No questions. 
 
 Mr. Ahia Moepono, 
 called as a witness, was duly sworn, and testified as follows: 
 
 By Chairman For-hes: 
 
 Q. What is your name ? 
 
 A. Ahia Moepono. 
 
 Q. What is your occupation ? 
 
 A. Sailor. 
 
 Q. Where are you employed ? 
 
 A. AVith the Inter-Island. 
 
 Q. How long have you been with the Inter-Island ? 
 
 A. About a month, 
 
 Q. About a month? 
 
 A. About a month. ' t i i j 
 
 Q. Where was you a sail.u- before you were with the Inter- Island < 
 
 A. Mauna Loa. 
 
 Q. On the steamer Mauna Loa? 
 
 \ Yes. 
 
 Q. How long have you been working for the Inter-Island? 
 
 A. About a month. . . 
 
 Q. About a mouth working for the Inter-Island Steam Navigation C oni- 
 
 ]>any ? 
 
 \. I was eniploved a month before the accident. 
 
 (}. Were you on the boat that was capsized on the niglit of May the first i 
 
 A. Yes. 
 
 118 
 
Q. 
 
 What oar was you pulling? 
 
 
 A. 
 
 No. 3 oar. 
 
 
 Q. 
 
 Do you know Mr. Saffery ? 
 
 
 A. 
 
 Yes. 
 
 
 Q. 
 
 Did you see him sitting in front of you ? 
 
 
 A. 
 
 Yes. 
 
 and caj)- 
 
 Q. 
 
 Describe the location of the boat where the wave struck it 
 
 sized it. 
 
 
 
 A. 
 
 The wave "hit broadside and capsized us. 
 
 
 Q. 
 
 How far was the boat from the Kilauea when it capsized ? 
 
 
 A. 
 
 From here to ISTuuanu street. 
 
 
 Q. 
 
 How far was it from the shore? 
 
 
 A. 
 
 About half of that, from here to IS^uuanu, about one-half of it. 
 
 Q. 
 
 When the boat capsized what did you do ? 
 
 
 A. 
 
 I just dived out from under the boat. 
 
 
 Q. 
 
 How long after the boat turned over did you dive out ? 
 
 
 A. 
 
 About three minutes. 
 
 
 Q. 
 
 What did you do when you came out ? 
 
 
 A. 
 
 As soon as I got out of the boat I grabbed an oar and ywam ai? 
 
 hore. 
 
 Q. 
 
 Grabbed an oar and swam ashore ? 
 
 
 A. 
 
 I had a sore foot. 
 
 
 Q. 
 
 What made your foot sore ? 
 
 
 A. 
 
 Hit by the boat. So I only hold one foot and hold an (lar to swim 
 
 asliore. 
 
 
 
 Q. 
 
 Did you help any of the passengers ? 
 
 
 A. 
 
 I couldn't because I was struck. 
 
 
 Q. 
 
 What did you do with the oar you swam ashore with ? 
 
 
 A. 
 
 I swam with the oar until I got to shallow water and then 
 
 I left the 
 
 oar and then I walked and threw the oar out. 
 
 
 Q. 
 
 Wliat became of the oar ? 
 
 
 A. 
 
 I don't know what became of it. 
 
 
 Q. Did you stay around the boat after you got from underneath of it 
 Ion <)• enough to see any of the passengers come out from under ? 
 r A. Yes. 
 Q. Who came out ? 
 
 A. I could not recollect. T didn't see tlieir faces. It was dark and then 
 T was a little way from the boat. 
 
 ■ Q. You mean to say that you were hurt to the extent that you could not 
 render any aid to the passengers ? 
 A. Yes. 
 
 Q. Did the rest of the boat boys do anything towards rendering assistance ? 
 A. The boat steerer is the only man I saw around the boat. 
 Q. The boat steerer was the only man you saw around the boat ? When 
 vou got ashore did you see the rest of the l)0vs ? 
 A. 'No. 
 
 Q. When did you go l)aek to tlu> Kilauea tliat night ? 
 A. The last boat leaving shore. 
 
 Q. Did you know that there was a (Miiuesc l)oy and i\ Japanese girl lost? 
 
 A. After; yes, I heard. 
 
 Q. How soon after ? 
 
 A. About an hour after that. 
 
 Q. Are you acquainted with the Lahaina cliannel ? 
 
 A. Yes.' 
 
 110 
 
Q. Was the boat-did you consider tlie.boat on its proper course to the 
 wharf at the time of the accident? 
 
 A I don't know ; because I was lacing the steamer. 
 Q. How many times have you been into Lahaina . 
 A. That was the first trip. 
 Q You have never been in Lahama before { 
 
 A. Not as a boatman, but I live at Lahama. r.tpr Island service 
 
 Q I^ot as a boatman ? ^at were you doing m the Intei -Island service 
 before you went out as a boatman ? Were you a deck hand . 
 
 \ I was a sailor on the Mauna Loa carrying sand o Hilo. 
 Q. How deep was the water where the boat capsized . 
 
 A. I think about eight feet? . ,i i ,i;rl vn,i 
 
 Q. Did you walk in all the way from the boat to the shore, oi did ym 
 
 swim part of the way ? r w.,ll-prl 
 
 A I swam until I got into the still water and then I ^^ alked. 
 
 Q Did any boats pass you on the way m, going out . 
 
 a' Not until I got at the wharf; the boat started out. ^ ^ ^ , 
 
 Q. Did you kno^v there_ were passengers still underneath the boat when 
 you got out from underneath it ? , ^ ^ 
 
 A. Yes, sir ; there is a passenger under the boat. 
 
 0 Did you tell anybody there were passengers under the boat . 
 
 A Yes When I left rtie capsized boat I started for shore and 1 called 
 for help and kept on calling for help until I reached the wharf 
 
 Q. What was the boat steerer doing when you saw him . 
 
 A I don't know what he was doing there. 
 
 Q. Was he holding onto the boat ? Was the boat steerer holding onto the 
 boat or was he rendering any assistance or what ? 
 A. I don't know what he was doing. _ 
 Q. You don't know what he was doing ? 
 A. No. 
 
 By Mr. S^n: ^^^^^ ^^^^ ^^^^^^^ .^^^^^^^^ ^^i^ 
 
 you had been into Lahaina many times before. 
 A. Yes. 
 
 O Well, is that right or not? _ 
 
 A Well yes; that is right. I told that at that tune because I was a 
 sailor under the Wilder Steamship Company and I have been there -ay tmies 
 
 Q. How long were you with the Wilder Steamship Company as a sailoi ^ 
 
 A. About a year and a half. ^ , 
 
 Q. How long were you a sailor on the :Mauna Loa before you were trans- 
 ferred to the Kilauea ? 
 
 A. About a month on the Mauna Loa. 
 
 Q. And then this was the first trip on the Kilauea ? 
 
 A Yes ri 
 
 Q Did" vou ever work on any other Tuter-Island Steam Navigation Com- 
 pany's boat that landed at Lalnnun before the ^launa Loa ? 
 
 A. No. 
 
 Q. Yon said you live at Lahaina? 
 
 A Yes. 
 
 q'. While you were there did you get acijuaiuted with the channel? 
 
 A. Yes. 
 
 Q. Do vou know the right way to go in ? 
 
 A. Yes. 
 
Q. What was the nature of the injury to your leg? 
 A. It is all right now. (Shows the scar to the Commission.) 
 Q. I see you have a scar on your leg below the knee. Was that scar tlie 
 result of the injury you received at that time? 
 A. Yes. 
 
 Q. Was that injury to your leg painful at the time ? 
 A. Yes. 
 
 Kaanapali 
 
 121 
 
Findinera of Com- 
 mlBslon. 
 
 Public Utilities Commission or Hawah. 
 
 In the Matter of the Investigation of ) 
 
 an Accident of the Inter-Island Steam ) 
 
 ^Taviaation Co., Ltd., which occurred ) 
 
 at Lahaina, Mani, in which Chow Soy ) findings. 
 
 (male) and S. Ushi Kuwaye (female) ) 
 
 were drowned while being transported ) 
 
 to the Landing from the S. S. ) 
 
 "Kilauea". 
 
 The Commission has reviewed the evidence taken at the inquiry into the 
 
 --H::i^:iS^n?^:l"S,^^^^^^ that the 
 
 accid nt oui~heen avoided had the boat been on its P-P- ~ 
 nnder control of a deck officer. The evidence bears out the fact that tbe eat e 
 ontis occasion was not unusual; that no danger sjgna s --^i played tl 
 no precautionary instructions were given to the boats crew that the b a 
 was steered to the reef, and on the boat-steerer becoming awaie ot t^^^ ±act e 
 
 urned the boat to get ^n the right course, and in so domg-^was capsized at the 
 eZ of the ee some 150 yards West of the Lahaina wha.-f, reason for the sa d 
 capsill o-iven as being the breaking of a steering oar ; that the crew with t 
 exc pt"n of the boat-steerer, deserted the capsized boat without ren.Wg ^ 
 
 possible assistance to the passengers; that the boat-steerer was 
 las on the wrong course by a passenger who -^%*oroug ly faun a. 
 Lahaina waters, however, the boat-steerer denies ^ , f ^^^^^^^^ ^T^^i- 
 
 In the main, the evidence given by persons examined by the ^ "'^^^^ .^^^^^ 
 ties Commission 'corroborates the evidence given at the Coroner s inques held 
 
 at Lahaina, Maui, on May 6, 1915, to inquire into the causes of the deaths of 
 
 the two persons mentioned. i T\,ra.. ft 1Q1^ and 
 
 From the evidence taken at the Coroner's inquest, dated May 6, l^l' ' ^^^^ 
 at the hearing held by the Public Utilities Commission of Hawaii on May 
 •:Ld ; Tuly 16, and 19, 1915, the Commission is -^^^^if the oss of ife 
 on the occasion of said accident on tbe 1st day of May, A. T). 1915 theieat 
 inq red into, was due to the negligence of some of the employees of the lut r- 
 T laml Steani Ts^avioation Co., Ltd., to-wit ; the boat-steerer and the crew of the 
 boat which was capsized, and that this Commission concurs in the findlng^s of 
 the Coroner's jury han.led down on the Hth day of May, 1915, at Lahaina, Maui. 
 
 Public Utilities Commission of Hawaii. 
 
 By 
 
 Charles R. Forbes, 
 
 Chairman. 
 
 A. J. GiGNOUX, 
 
 Commissioner. 
 J. N. S. Williams, 
 
 Commissioner. 
 
 Hcuolulu, T. II., August 10, 1915. 
 
SUPPLEMENTARY REPORT. 
 
 Affidavit of Joseph E. Sheedy, General Superintendent of the 
 Intee-Island Steam Navigation Co., Ltd. 
 
 "Inter-Island Steam Navigation Co., Ltd., 
 
 "Honolulu, T. H., August 3rd, 191.5. 
 
 "Public Utilities Commission, 
 
 "Honolulu, T. H. 
 "Gentlemen : 
 
 "At the meeting of your Commission held on July 16th and l7th last wit- 
 nesses were examined relative to the accident at Lahaina on May 1st, in which 
 two passengers from the S. S. 'Kilauea' were drowned while going ashore in 
 one of the life-boats of the 'Kilauea'. At the close of the hearing your Com- 
 mission suggested that instead of the writer being called to give testimony on 
 behalf of the Company relative to the conditions at Lahaina, etc., he submit 
 a statement relative thereto concerning all matters to which he would testify 
 if called. Accordingly the following statement is submitted: 
 
 "Lahaina Landing: 
 
 "The anchorage at Lahaina is an open roadstead, there being quiet water 
 only along the shore behind the reef, which is suitable for small boats and sam- 
 pans. All steamers anchor outside of the reef and the pulling boats approach 
 the landing through a channel in the reef about 100-150 feet wide. During 
 Southerly weather the waves break across the entrance to this channel, and quite 
 often under other weather conditions a long swell will l)e running and blind 
 rollers will break across the entrance without any warning. 
 
 "The Federal Government maintains an achorage buoy at Lahaina which 
 is situated about 3-lOths of a mile from the wharf on which the Inter-Island 
 Steam Navigation Company maintains a red lantern which is lighted by a man 
 from shore every night when it is possible to reach the buoy. In the past it has 
 been found that the buoy could not be reached probably a quarter of the days in 
 the year, owing to the weather conditions, and occasionally when the lantern 
 has been lighted it has gone out due to the rolling of the buoy, etc. 
 
 "The function of this buoy is simply to indicate the anchorage to tlie 
 captain, as it is very hard to tell with the bright shore lights just how far off 
 the beach the vessel is and the buoy simply indicates the depth of the water and 
 has nothing to do with the range for the anchorage. 
 
 "It is customary with our vessels anchoring around the buoy to give the 
 right of way to the through vessels, — that is if the 'Mauna Kea' is to be at 
 Lahaina on any night the 'Mikahala' or the 'Claudine' anchor so as not to cause 
 any delay to the 'Mauna Kea'. As a rule vessels anchor on the side of the buoy 
 from which it is approached, those from Honolulu on the Honolulu side and 
 those from Hilo on the Hilo side, and under normal weather conditions the 
 captains run right up to the buoy and anclior so as to allow the vessel swinging 
 clear. This, of course, depends entirely upon the weather conditions and on 
 the set of the current, and there can be no fixed rule about it. 
 
 "The steamships 'Claudine', 'Mauna Kea', 'Mauna Loa' and 'Mikahala' 
 anchor off Lahaina several times each week, this being the connecting point for 
 in and out mail. Each week there are eight vessels which anchoi- off Lahaina 
 at night and five vessels which anchor there during the daytime. 
 
 "The bearing of the wharf and the buoy at Lahaina is Northeast-Sontliwcsl, 
 the distance being approximately ;'>-10tlis of a mile and the reef about l-.'itb of 
 this distance from the wharf. 
 
 Affidavit of Joseph 
 E. Sheedy, General 
 Superintendent, 
 I.-I. S. N. Co. 
 
^^The ccrect way to approach the landin, a. La Wa is ^ open uptl. line 
 of the wharf and continue on that course with the hoat and 
 
 veef will be cleared 
 
 "Precautions at Lahama: r^nmnanv our 
 
 addition to a,e Ugl,t 'ZZ^ ^^ r eid of 
 
 ^e.^...i:^^^^^^J';^^^~^':^^:^, green, but if the 
 that It IS impossible to land a lea j ^ jed. 11 
 
 t:^:z::i:^> r^': rdiXa;n^. on .be .... of tbis aed. 
 
 ■ careful attention to tbe surf ^''-^ unusual a mate is sent in a boat. At 
 
 z Lti-sUe tbe m ti. 
 
 ''»"•. .As an additional precaution wben ^"^'^^^^^'^ t 
 captain p,a,s trbfsi^ra: t^ t " *abe and tbe time 
 
 S,t;::;tt;::re;; pioceeitoward tbe wbarf between tbe rollers. 
 
 "Haadlins of Passengers: „assen.rers to be taken asbore 
 
 "In landing P-^^^^?;^,," be in the boat .itb 
 
 are the cabm passengers, ^o deck passen e 
 
 the cabin passengers but are sent in ^y^;;^'/;*^;^,^!,:,"^^ amoLt of band 
 an, of the ^oats dep^ding upon t^ie^J^^^^^^^ o_f . ^^^^^ 
 
 the capacity o the boat f ^^^^^^ ^^^^^ ^^^^^^ ^.^^.^^^ ,f ^ver, is 
 
 sons carried. . i-,c,<^«pno-Prs • in 1913 over 84,000 
 
 , - '^ot: r'li^r;r,u rSigle er r::rl™i of an, son and with 
 ; cUea no^^eid::™ of *e n,„st minor character. Of these passengers 
 piacuLcu,^ landed through our small boats. 
 
 '•""■'"TmT; ', o^^tlTe slfe^t^^^^^^^ of passengers, of wbicb we are jnstl, 
 ,., „d i d, e i a »Tcat measnre to tbe fact that tbe crews on our boats are 
 and, d,^ to .he almost oo„.in„ous use of small boats, are tbe best 
 
 '''"'''-wht'ihe Onnpanv-s business is bandied through the small boats and 
 ., |ar.>e tonnage and a very 'large number of passengers have been carried yearly 
 sinee^lSTS with a remarkable absence of serious mishaps. 
 
 '''''"■;"n::\S';u"^i^ori,les appre,.iate tbe local conditions and recognize the 
 
 124 
 
fact that our lifeboats are unsinkable, and accordingly the wooden lifeboats on 
 steamers navigating Hawaiian waters exclusively, are exempt from require- 
 ments relative to lifeboat equipment for all other American steamers, except 
 for the requirements for extra oars. This is a result of tests of our boats show- 
 ing that these boats will not sink imder any conditions, and we are not even 
 required to fit the air tanks commonly installed in lifeboats. 
 
 "The boat equipment for any steamer depends primarily on the number 
 of persons carried, but the size of the individual boats depends a great deal upon 
 the work done,— for instance the boats with the larger capacity are used on the 
 steamers working the sugar landings, and it so happens that one of the smallest 
 steamers of the Company has the largest boats, this being the 'Iwalani' whose 
 lifeboats have an average capacity of 39 8-lOths persons per boat. 
 
 "The question of boat equipment is all regulated by the Federal laws and 
 regulations and the boat equipment on all of our vessels is in excess of the 
 i-equirements of the Federal authorities. 
 "Ore IDS of Vessels: 
 
 "The crews of the various vessels belonging to the Company are selected 
 by a shipping master at Honolulu and are composed mostly of Hawaiians and 
 Japanese, preference being given to Hawaiians because of their larger stature, 
 greater strength, experience and natural ability in handling small boats. The 
 boat steer ers are selected on account of their experience and knowledge of condi- 
 tions at the various landings, and all who are in the service of the Company 
 have been enaployed for a considerable length of time, and all of the boat steerers 
 on passenger vessels are steady and reliable men. 
 
 "The men in these crews keep shifting from vessel to vessel and aside from 
 steamers on the regular runs it is very unusual to have the same crew for any 
 length of time. However the work in small boats is practically the same all over 
 the Islands and so long as the boat steerer is acquainted with the particular 
 landing it makes no difference whether the crew ever saw the landing or not. 
 
 "The time of service as given by the different men of the boat's crew before 
 your Board does not agree with the records of this office. 
 
 "Our records show as follows respecting the crew: 
 
 "Hiku was a member of the crew of the S. S. 'Maima Kea' from 1908 to 
 1909 and boat steerer on the 'Mauna Kea' from 1909 to 1911; 'Helene' 1911 
 to 1912; 'Claudine' and 'Iwalani' 1913; 'ISToeau' 1914, and 'Mauna Loa' and 
 'Kilauea' 1915. 
 
 ■ "Lipono served as a member of the crew on the 'Mauna Loa' from 1901 to 
 1905; 'Noeau' and 'Kinau' 1905 to 1907; 'Kinau' 1907 to 1909; stevedore 
 for Company January 1, 1909, to June 7, 1909 ; as a member of the crew of the 
 'Mauna Loa', 'Noeau' and 'Keauhou' 1909 to 1913; 'Mauna Loa' 1913 to 1915 
 and 'Mauna Loa' and 'Kilauea' 1915. 
 
 "Moke served as a member of the crew-of the 'Iwalani' 1900 to 1902 ; boat 
 steerer 'Keauhou' 1902 to 1903; stevedore for Company 1903-1904; crew of 
 'Maui', 'Likelike', 'I^oeau', 'Niihau', 'Mikahala', 'W. G. Hall' 1904-1913; 
 'Kinau' and 'Helene' 1913 to 1914, and the 'Mauna Loa' and 'Kilauea' 1914 
 and 1915. 
 
 "Moepono was a member of the crew of the 'Hawaii' and 'Kaiulani' from 
 1903 to 1910 at Llilo, stevedore for Company 1910 to 1911; crew of 'Kinau' 
 ■ and 'Maui' 1911 to 1913; 'Mauna Loa' 1913 to 1914; 'Kinau', 'Wailele' and 
 'Helene' 1914 to 1915 and the 'Mauna Loa' and 'Kilauea' 1915. 
 
 "ITmauma served as a member of tlie crew of the 'Helene' from 1902 to 
 1900; boat steerer on 'Helene' 1900 to 1907, crew of 'Mikahala', 'Keauhou', 
 
 125 
 
.^T„ea„• -Helene-, 'W. G. llalF, ■Iwalaai' 1907 to 1913; 'Kina.' 1913 to 1915 
 °o^.rl!J^»!5"rrro«l U,ere can be no qne^tion bnt what the boat 
 
 ir;;:;,.:;:.; ^SelrBL^o^Je of the .i.ne.e. John Sa*. 
 
 „.,«;„";;;ste!«eet tbaAhe c...e„. »j ^^^^^^"t^rr ^ ^r^l^t 
 
 this regavd yon are achnsed that Captain ber states ^ 
 
 ' Hto" Hi , "Ip^adially states that he 
 
 ::rrinr„;snS. A-u^Mle this ,na,. seen, t-etna-hable the ..iter has 
 good eanse to believe it. ^^^^ ^„ „,„es- 
 
 iiroceeded on his voyage. i • „ 
 
 "TTndev the Federal re^'ulatious and laws the master of the vessel is re- 
 
 "While the Companv wonld welcome any information to throw hght upon 
 w nne int i ^ ^ repetition of this disaster, yet, m ordei 
 
 Z :W n av t no^t^^i^Cion as I the jurisdiction of tl. Cominission 
 fth eoar S the safety of passengers, we beg to call your attention o tlie fac 
 thfr'lll laws aid regulations with regard to shipp ng are exclusive and 
 l a thei he Territorv of Hawaii nor any of its political subdivisions, boards 
 ^llm^ ions has authority or jurisdiction to add any burdens whatsoevei m 
 
 this rea;ard. 
 
 i'ea;ara. . , , -j -u^ 
 
 -As far as the writer can find out from his investigation of the accident^he 
 has come to the conclusion that due to the South-easter y wind and the heavy 
 s^ol he current the second boat was carried to the Westward and out of it 
 ourse and before the l>oat steerer realized it the boat was close to the reef I 
 li efforts to bring the boat about he broke the steering oar and before he could 
 t the boat unde? control it was swamped by a roller. The position m which 
 Th Kilauea' was anchored had nothing to do with the accident except thatj 
 e 'K lauea' had been achored farther to the Eastward there would have been 
 ore lee vav for the boat to clear the reef, the set of the current being to the 
 
 Westward. . , . , 
 
 "In conclusion vour attention is called to another matter concerning which 
 there has been some'adverse criticism of the Company and that is with regard 
 to the condition of the crew of the steamer at the time of the accident. It is no 
 7\ uuprobable that when the 'Kilauea' left Honolulu some o the crew had 
 U-rn .Irinkiuii', but before Labaina was reached six hours had elapsed without 
 .,p,H,rt unity for the (mvw to ul.taiu any more liquor. . 
 
 l-2() 
 
"While the 'Kilauea' has a bar service it is maintained entirely for cabin 
 passengers and none of the deck passengers or crew can obtain any liqnor there- 
 from. This rnle has always been strictly enforced. Furthermore none of the 
 crew are allowed on the upper deck of the vessel except to go to the boats and 
 are not allowed, under any conditions, in the passenger quarters. 
 
 "Very truly yours, 
 
 "Joseph E. Sheedy, 
 
 "General Superintendent of Inter-Island 
 Steam l\"avigation Co., Ltd." 
 
 JESlEP 
 
 Tekkitoey of Hawaii City ) 
 AND County of Honolulu. ) : :. 
 
 Joseph E. Sheedy being d\ily sworn deposes and says that for the purpose 
 of putting the foregoing matters in verified form he now makes oath thereto 
 as follows : 
 
 That he is the General Superintendent of the Inter-Island Steam Naviga- 
 tion Company, and in the immediate charge and superintendence of the opera- 
 tion of its vessels, their manning and equipment, and by frequent travel and 
 inspection of the Inter-Island system and its operation has personal knowledge 
 of the same. That the matters and things in the foregoing statement, except 
 where manifestly stated upon information and belief or based upon past records 
 of the Company are within the personal knowledge of the undersigned and are 
 true. 
 
 That where matters are stated upon information and belief or based upon 
 the past records of the Company they are believed to be true. Where matters 
 are stated in the form of an opinion or conclusion they are founded upon the 
 experience and general knowledge of the undersigned, and within the scope of 
 his duty. 
 
 Joseph E. Sheedy. 
 
 Sultscribed and sworn to before me 
 this 9th day of August, 1915. 
 
 E. W. Sutton, 
 
 l^otary Public, First Judicial Circuit, 
 Territory of Hawaii. 
 
 127 
 
c«.»„ KEPLY OF CHAIRMAN AKLES R^FOBBES TO^^^^^^ 
 to Mr. sheedy. TOSFPH E. SHEEDY, GENERAL bUJr'J.itiiN -lx.! 
 
 """"^ ?HE iSlSI-AND STEAM NAVIGATION CO., LTD. . 
 
 "August 10, 1915. 
 
 "To THE Public Utilities Commissioh, 
 "Honolulu, T. H. 
 
 "Gentlemen: ' ^ . 
 
 ..I tag to ..epl, .0 the affidavit p.e.e.ted ^^X^^^^^' 
 Ration Co.rLtd., and signod by Mr. -loseph Sheody Ajene, P ^^^^^ 
 * "You will note under Cap.am's P'-^-'^i^T f.^^^ ™pt " 
 
 precautions were taken. freisjlit clerk at all times 
 
 "Mr. Slaeedy's mention of either the f "f^^^ ,7'^^^^.^^, ^r freight clerk 
 making the trip in the first hoat is ^^f^^Z^i^^^^^ of transact- 
 in the first hoat is merely a matter of hemg 2'\Zt Zt\ein<r properly manned 
 
 iSi;^-nr:::^:^n»igts£^^ 
 
 by the Connnisrion as bemg a .to;™o^J ft H^e fi e passengers in the first 
 (r,t''rd:;,lde tt'n^nlfin fherndtoat, the necessity for ten passengers 
 
 ,oeja»nrafo*''eo„f„^^^^^^^^ 
 
 the vessel to the wharf in the same boat wi b f^'f "'^^ The 
 
 dee. passengers f^!;^:^!^:^:^^ with eabhr 
 
 ^p^n^: "nll'r ::s::uftr::i::^t. ^^by does^ it n„t apply .0 deeU passen- 
 
 gers from the wharf to the vessel ? ^...^ber of pas- 
 
 """"The eoneeption of this Commission is that the eapaeity of 35^8 persmrs 
 per holt is not Intended, as the ^-^^^y ^^^^^^^ 
 
 The P"7«'- ™y ^„ „,,t be aceommodations for the aggre- 
 
 :::::Z:^Z!:^:^^:>:^^^^^r.i ere., in event of an aeeident ,„ the vessel 
 
 ^''™4lX;:a~^.Si*;tn^«,: sXhandling of passengers d„e. 
 
 128 . . ' 
 
in a great measure, to the fact that the crews on their boats are much lai-ger and 
 due to the almost continuous use of smaller boats and are the best boatmen m 
 
 Tltnnot concur in this statement in its entirety, but I do believe that the 
 experienced Hawaiian boatman is as good as there is m the world 
 
 ^ "It is represented in Mr. Sheedy's affidavit that the Federal Authorities 
 appreciate locll conditions and recognize the fact that these lifeboats are un- 
 sinkable and are exempt from requirements relative to lifeboat equipment except 
 for extra oars. And it is understood that if any deviation from the Federal leg- 
 ulations issued by the Department of Commerce, in Washington, have been made 
 for special reasons it is always in accordance with the recommendations of the 
 
 Local InspectOTS.^^ I ^.^^^id say, that in view of Mr. Sheedy's affidavit, it has 
 been shown that the equipment of the Inter-Island Steam Navigation Co. s ves- 
 sels is maintained in accordance with the regulations of the Departinent o 
 Commerce as represented in this Territory by the Inspectors of Hulls and 
 Boilers. Nevertheless, I recommend that for the future the Inter-Island Steam 
 Navigation Co., Ltd., be informed that it is very desirable the following sug- 
 gestions of the Public Utilities Commission of Hawaii be adopted. 
 
 "That only boat steerers who are familiar with the Lahama waters be used 
 in making landings at Lahaina. ^ , • . u i 
 
 "That every boat conveying passengers from the ship to the shoie oi inte 
 versa be in charge of a deck officer. _ ^ . ^ ^ 
 
 "That signals be so arranged between the Lahaina wharf and the vessel 
 that when the signal is displayed from the wharf the vessel acknowledges tlie 
 sieiial by the display of similar signal. ^ i 
 
 "That on entering Lahaina the searchlight be immediately tnrnexl on aiu 
 kept in a position that in case of accident the light can be immediately played 
 upon the scene of the accident. , ^ ,i ^ ^ 
 
 "That a proper signal also be given from the wharf to the vessel wlien 
 the last boat has left the wharf for the vessel. 
 
 "That the boat crew be instructed in their duties m case of accident as is 
 the custom on board the vessel when an accident occurs. 
 
 "That the Inter-Island Steam Navigation Co., Ltd., furnish the i ulilic 
 Utilities Commission with the names, experiences, etc., of all the boat steerers. 
 
 "That the full name of all deck passengers be obtained before selling theni 
 transportation. If it had not been for the fact that the drowned persons liad 
 relatives at Lahaina it wcfiihl have been impossible to obtain proper identihcn- 
 tion, and this is the reason why deck passengers should be listed by names as 
 
 ■ well as cabin passengers. ^ -r i i <-i 
 
 "That the Inter-Island Steam Navigation Co., Ltd., have some one on the 
 wharf in a location where he can distin.guish the signals from the vessel 
 
 "That a life-boat, with proper equipment, be kept by the Inter-island 
 Steam Navigation Co., Ltd., at Lahaina in readiness for immediate use m case 
 
 of accident. . a . r: .^ r\ 
 
 "That the Public Utilities Commission appreciates the ettort ot the l om- 
 nany in its desire to afford all of the protection possible to the traveling public 
 but 'it should be forcibly impressed upon them that it is the intention of tlie 
 Public Utilities Commission to thoroughly investigate every accident coming 
 under its jurisdiction as a public utilities body, and to follow out the duties ari<l 
 responsibilities imposed upon them. i i , 
 
 "I recommend that the Commissicni coiniminicatc our hndiugs to the liiler- 
 Island Steam Navigation Co., Ltd., with a co])y of our iv.-oimnciulatious. r.ii.l 
 
 129 
 
^ r ... ,.t,. 1,.^ Driutc'.l a copv of the same funiislied the 
 the .■vi<leiK-e, timliug^, etc., he piiutcu, t .Innotou 
 ,,„>,,toi- ..f Hulls and Boilers, and a copy sent to A\ aslun.ton. 
 
 tl 
 
 luspe 
 
 Respectfully snbinitted, 
 
 Charles R. Fukbes, 
 Chairman, Public Utilities Commission of Hawaii. 
 
 We conciu- in tlie foregoing suggestions. 
 
 A. J. GiGNOUX, 
 
 Commissioner. 
 J. IST. S. Williams, 
 
 Commissioner. 
 
 Communications 
 with V. S. Local 
 Inspectors of Hulls 
 ana Boilers. 
 
 August 13, 1915. 
 
 Capt. William Howe, 
 Inspector of Hulls, 
 Honolulu, T. H. 
 
 Dear Sir: 
 
 The Public Utilities (Vvmnission desires to keep a record of the mforma- 
 
 ^'"^Tiiat'iltre may be no misunderstanding, I quote the statement allegecl to 
 Lhat tiieie "i^.Y William Howe, Inspector of Hulls, and T. J. 
 
 have bee^ made ^^^J^^^^, ,eported to the Federal authori- 
 
 V n I av not encroach upon the Federal rules and regulations of your 
 
 n V m The writer thanks you for the information you so Ij-^ly " 
 ilhed hhn. and assures you that the Comndssiou appreciates your desire to be 
 of assistance to them. 
 
 Very respectfully. 
 
 Public Utilities Commission of Haw'aii, 
 By Its Chairman, 
 
 Charles R. Forbes. 
 
 V'A) 
 
August 13, 1915. 
 
 Mr. T. J. Heney, 
 
 Inspector of Boilers, 
 Honolulu, T. H. 
 
 Dear Sir : 
 
 The writer called on you Thursday, August 12th, and requested of you cer- 
 tain information regarding an accident that occurred at Lahaina, Maui, on the 
 night of May 1, 1915. It is alleged that "Captain William Howe, Inspector of 
 Hulls, and t. J. Heney, Inspector of Boilers, here, have already reported to the 
 Federal authorities that the accident was unavoidable wherein they disagreed 
 with the findings of the Coroner's jury and the Public Utilities Commission, both 
 of which charge the two deaths to the negligence of the employees of the Com- 
 pany." You stated to the writer "That no report, of any kind, had been for- 
 warded to the Federal authorities, and no action taken in this particiilar matter." 
 
 The Public Utilities Conuuission solicits your cooperation in such matters 
 as pertain to accidents, etc., over which the Commission have jurisdiction, and 
 it is our earnest desire to so carry out our proceedings that it will, in no way, 
 conflict with the Federal laws under your Department. 
 
 The writer wishes to thank you for your courteous consideration when he 
 called at your office on Thursday, the 12th instant, and begs to assure you that 
 he appreciates the information you gave him, all of which will be transuiitted 
 to the Commission. 
 
 Very respectfully, 
 
 Charles R. Forbes, 
 Chairman, Public Utilities Commission of Hawaii. 
 
 Public Utilities Co-mmission of Hawaii. 
 
 Honolulu, T. H., Aug. 13, 1915. 
 
 Inter-Island Steam Navigation Co., Ltd., 
 Honolulu, T. II. 
 
 Gentlemen : 
 
 Inclosed herewith please find copy of Findings and Recommendations in 
 the Matter of the Investigation of an Accident of the Inter-Island Steam N"avi- 
 gation Co., Ltd., which occurred at Lahaina, Maui, in whicli Chow Soy (male) 
 and S, Uslii Kuwaye (female) were drowned whik' being transported to the 
 Landing from the S. S. "Kilauea". 
 
 Very truly yours, 
 
 Public Utilitiks Commission of Hawaii, 
 
 By its Chairman, 
 
 Charles R. Forbes. 
 
 1 inclosure. 
 
 131 
 
StKAM is^ AVIOATIOK Co., LtD. 
 
 Honolulu, T. H., August 18, 191... 
 
 PuLlie Utilitios C\muulssion of Ha^vnii, 
 Tlonoluhi, T. H- 
 
 DoavSu'.s: ^-F tlip 13th inst, enclosing 
 
 Youi-s very tvuly, 
 
 Inter-Island Steam Nav. Co., Ltd., 
 
 By Jas L. McLean, 
 
 Vice-Pvesident. 
 
 I^TEK-IsLAND Steam Navigation Co., Ltd. 
 
 Honolulu,T.H., August 26, 191.5. 
 
 rul.lif Utilitios CVminiission of Hawaii, 
 [Tonolnlu, T. IT. 
 
 Gontlouion: ' ^^.^^^ 
 
 In fuvthei- reply to your ^-^^^"^^ recently 
 enclosed copy of ^-^^^'^^^^^^^^^^^^^^^^ recommendations of 
 
 occurred at Laliaiua, Main, ^ ^^^^^^^^^^^ and in reference to same 
 
 your Commission liave had oui caieiui 
 
 "xtV-t'Lt^e^^rned „„t in ,he past and wiU b. continued in the 
 
 '"'"t That every boat conveying rassengc. f fon, the ship to the sbo,-e „v vice 
 versa be in charge of a deck officer. s,ea,„er, there is any indica- 
 
 Whenever, in the opinion of the « ' g . ,^„t ashore from 
 
 tio. of danger in landing ^ "send a deck officer in every 
 
 the steamer in the hrst boat It "fj"'') ^ °!f for licensed officers and 
 
 T^'ZU, o,it this rec„mmen. 
 
 . 1 , ovv^noed between the Lahaina wharf and the vessel 
 signal by the display ..f 8"";I»\''f'^» ^ ,,^,.t. our steamers have been in 
 
 ..jz:J^t:;:::::J:'^":^"^^-^ - misnuderstauding as to 
 
 and kept in a position that m case oi 
 
 ready for immediate nse, and the Cap- 
 132 
 
tain or other officer remains on deck while the hoats are conveying passengers 
 between, the steamer and the landing, and the searchlight can be iised instantly 
 by such officer if necessary. 
 
 5. That a proper signal also be given from the wharf to the vessel when 
 the last boat has left the wharf for the vessel. 
 
 This recommendation will be carried out in future. 
 " 6. That the boat crew be instructed in their duties in case of accident as 
 is the custom on board the vessel when an accident occurs. 
 
 This has been done in the past and will be continued in future. 
 
 7. That the Inter-Island Steam IS^avigation Co., Ltd., furnish the Public 
 Utilities Commission with the names, experiences, etc., of all the boat-steerers. 
 
 This recommendation will be complied with as soon as possible, 
 
 8. ~ That the full names of all deck passengers be obtained before selling 
 them transportation. If it had not been for the fact that the drowned persons 
 had relatives at Lahaina it would have been impossible to obtain proper identifi- 
 cation, and this is the reason why deck passengers should be listed by names as 
 well as cabin passengers. 
 
 This recommendation will be very difficult to follow, especially in view of 
 the numerous nationalities of such passengers and their ignorance of the English 
 or Hawaiian languages. An effort, however, will be made to carry it out, but it 
 is doubtful whether the same will at all times be practicable. 
 
 9. That the Inter-Island Steam Navigation Co., Ltd., have someone on 
 the wharf in a location where he can distinguish the signals from the vessel 
 
 A representative of our Company is always on the wharf to receive signals 
 from our vessels while at Lahaina. 
 
 10. That a life-boat, with proper equipment, be kept by the Inter- Island 
 Steam ISTavigation Co., Ltd., at Lahaina in readiness for immediate use in case 
 of accident. 
 
 This recommendation we consider unreasonable. It would seem to be the 
 duty of the Government to maintain life-saving stations ashore if needed. In 
 case of emergency, our steamers' boats are always ready to be lowered into the 
 water at a moment's notice and can render assistance quicker than any boat 
 fi'om shore. 
 
 Yours very truly, 
 
 Inter-Islani) Steam Nav. Co., Ltd., 
 
 By Jas L. McLean, 
 
 Vice-President. 
 
Phbtic Ut.ut.es Commission of Hawaii. 
 
 TTonolul.., T. H., A..g. 31, 191-^- 
 
 Tnt.M-rshiu.l Sfoa.n Xnvioation C^o., Ltd, 
 lloiioluhi, T. IT. 
 
 ^^^^^^^^^^^ 
 
 .With v<.f«-eno.. .0 '''Xo;,-. it Lahaina, Ma„i, the .earchUgh. 
 
 „i,l,ts wh«, .t««,.er, are 1«' ' ^^'Sd^ that it need not necessar.ly be 
 r i" ^1"\™r:>t".irii:>^ots Lt k^pt in a ,„.ition that tmnted.ato 
 
 ;,ro,™ld'he tnade the.-eof ~«''^'^';,,Xm„i,si„n submits the following 
 
 Concerning Reeommendation !»• ^ "^ , , j,,;,, all steamers laml- 
 roeonunendation it. Hen oi the one 1 J™" the water a life- 
 
 i„g passengers at Lahanta, 'X''.^,; ,eadiness to render assrst- 
 
 rj o,her ..ts engaged in land.ng pas- 
 
 senders. 
 
 Xovy truly yours, 
 
 Prn.,.r T^r.T.iTi..s (Commission of Hawaii, 
 
 By its Chairman, 
 
 Charles R. Forbes. 
 
3 0112 059247087