^. s \^ IMAGE EVALUATION TEST TARGET (MT-3) /. // ^ ^CT A\-» .. t' BEHRIN6 SEA CLAIMS COMMISSION. APPENDICES TO RECORD OF EVIDENCE , APPENDIX "A." PLEADINGS. /"o"ivc/v> ^^C VOL. III. APPENDIX "B." > EXHIBITS. APPENDIX "A." PLE A DI NGS. Table of Contknts. Claim No. I "Carolena." I'AUK Claim of Her Britannic Majosty I Answer of the United States. ..". 2 Reply of Her Britannic Majesty :{ Claim No. 2 "Thoknton." Claim of Her Britannic Majesty 5 Answer of the United States."... <» Reply of Her Britannic Majesty 7 Claim No. ;j " Onward."' Claim of Her Britannic Majesty !♦ Answer of the United States 10 Reply of Her Britannic Majesty 11 Claim No. 4 " Favourite." Claim of Her Britannic Majesty 13 Answer of the United States 13 Reply of Her Bi itannic Majesty 14 Claim No. 5 *' Black Diamond." Claim of Her Britannic Majesty Hi Motion to Dismiss U! Stipulation 17 Claim No. (> "Savward." Claim of Her Britannic Majesty 18 Answer of the United States 1» Reply of Her Britannic Majesty _ 20 Claim No. 7 "Anna Beck." Claim of Her Britannic Majest v 22 Answer of the United States./ 23 Reply of Her Britannic Majesty 24 Claim No. >s " Alfred Adams." Claim of Her Britannic Majesty 26 Answer of the United States 26 Reply of Her Britannic Majesty o" Claim No. 9 "Dolphin." Claim of Her Britannic Majesty 2» Answer of the United States ." 30 Reply of Her Britannic Majesty ..." 31 Claim No. lo "Grace." Claim of Her Britannic Majesty 33 Answer of the United States 34 Reply of Her Britannic Majesty '...'.'.. 35 Claim No. 11 "Ada." Claim of Her Britannic Majesty 3«5 Motion to Dismiss, in pai"t 37 Answer of the United States '.'. " " 38 Reply of Her Britannic Majesty 39 I! T.ABI.K tiK CUNTKMS. Claim No. Ii' "Thu'MPH." Claim of Her Hritunnic Majesty 40 Aiisw(}r of tlio 11 iiitcd States 41 Hoply of Hor Hi itamiic Majesty 4*2 Claim No. i:i '•.Iiamta." Claim of Her Rritamiir Majesty 4!$ Answer of the liiited States.. 4H Reply of Hit Britannic Majesty 44 Claim No. 14 " I'.xthkindek." Claim of Her Mritannic Majesty 4rt Answer of the I'liited States 4r> Reply of Her Britannie Majesty 47 Claim No. I.") " Bh.vcK Diamond." Claim of Her Biitamiict Majesty . 4l» Answer of the United States. .1 5(» Reply of Britaniiie Majesty 51 Claim No. 1(1 " fiiiA'." Claim of Her Britannic Majesty .'>2 Answer of the United States .58 Reply of Her Britannic Majesty 54 Claim No. 17 " Minnie." Claim of Her Britannic Majesty 55 Answer of the United States. . ... 5<1 Reply of Her Britannic Majesty 57 Claim No. is "" -iumph." Claim of Hor Britannic Majesty 5rt Answer of the United States 5H Reply of Her Britannic Majesty 5!» Claim No. lit ".\uiEL." Claim of Her Britannic Majesty «1 Answer of the United States (»l Reply of Her Britannic Majesty iV> Claim No. 2(i " Kate." Claim of Her Britannic Majesty «14 Answer of the United States «i4 Reply of Her Britannic Majesty «>5 Claim No. 21 " Pathfindek." Claim of Her Britannic Majesty fl7 Answer of the United States 08 Claim No. 22 " Henrietta." Claim of Her Britannic Majesty t« Answer of the United States 7o Claim No. 28 "Ohcak and Hattie." Claim of Her Britannic Majesty 72 Answer of the United States 73 Claim No. 24 " Winifked." Claim of Her Britannic Majesty 75 Answer of the United States 75 Claim No. 25 " Wandeker." Claim of Her Britannic Majesty 77 Answer of the United States 78 Claim No. 2(> "Sayward" case. Claim of Her Britannic Majesty 79 Motion to dismiss " 80 APPENDIX "A." lO Oommisalonen under the Convention of February 8, 1806, between CJreut Uritulii and the United States ul Anifrlca. PLEADINGS. 20 IN THE MATTER OF THE CLAIM OP IIKR BUITANNIC MAJESTY AUISINCJ OIT <»K TAK KEIZJ UE OF THE SCHOONEU "CAUOLENA." OL..Iii x^o 1 /•tlttl .\utrmhrr ','4, IHOO, 30 1. The "Cnrolfiui" was a IJiitmli schooui-r rcgislered at the Port of Victoria, ItritiHJi Coiniultia. 2. On or about tlu- 2(tth May. 188«. the "Curolena" sailed from Victoria, ilritish Colunibia, hoimd on a Healing voyace to the Nortli I'aciHc Ocean and Helning Sea. U.r inaBter was James Ogilvie; her male was James Bhike. She car- ried a crew of nine sailors and hunters, and was fully eqiiinp- ed for said voy.ige, and for the hiinlinR and capture of seals 3. On the 1st day of August, 18S«, whilst in the Behrine Sea. in north latitude 55.3(1, west longitude 108.53. and dis- tant about seventy miles from the nearest land, the 'Caro 40 lt"*i , "^ *''^" '"wfully engaged in the taking of seals at that place, was seized by the United States revenue cutter •Corwm." 4. The "Carolena" was towed by said cutter to Ounalaska and there dismantled, and such proceedings were afterwards had and taken in the United States District Court of Alaska at the instance of th^ Oovernment of the United States of Anierica, that the said schooner, her tackle, apparel, outfit and cargo were condemned for a violation of the municipal laws of the United States of America relating to seal fishing m the waters of Alaska, and detained under such condemna- tion until after Ihc month of December, 1887, when the return of the said schooner was offered but not accepted on the ground that the vessel had been practicallv wK'cked in the meantime 5. By reason of tlie premises further prosecution of the said sealing voyage during the year 1880 was wholly prevented, and the owner of said schooner was also prevented from using her fop the purposes of seal hunting during the year 1887, as he otherwise would have done; and finally the s.iid schooner. °° her tackle, apnarel. outfit imd cargo, were wholly lost to those interested in the snme. and other loss, dnmaire and exDonse were suffered and incurred by the persons so interested. 0. Under the facts ns found in the award of the Paris Tri- bunal of Arbitration, the said seizure, condemnation and detention were without nnv warrant or right according to the principles of international law. and Her Britannic Ma.irsty claims that full and complete compensation should be made by the Oovcrnment of the United States of America to the SO (Cluim No. 1.) Ooverninent of Uvr Britannic MiiJoHty fur all loaa therebj »UHtuinL'd. 7. Tht> cluim uitulv fur thu Iuhs iiriHiiig uut uf t!ic> prcMiiisuH is tliu mini of f']U,(M)0 uud inluroHt tbvreuii from tliv dute of losa ut tilt' rut>> of hi'Vvq per c-i>iitiitn per uuiiuiii. 8. In uddiliuu tu the above, u fiirtUer amount Ih t-luimed for the improp.>r urreut, imprlHunment and detention by the lO United Htutea niilhontleH of ■lames O^ilvie and .lanieH Ulake, OH nniHler and mate re8|H'etivel,v of the Raid sehouner. 1>. .lameH Opilvie, un the arrival of the Hchooner at Uunu- luHltH, wnH placed under arreHt, taken to Hitka, and there ihnrKed before the I'niled HtateH District < ourt of Ahsku with a violation of tiie miinicipHi laws of the United Htates of America relating; ro seal flMhin^ in the waters of Alaska. Before the trial he was sufTered to wander into the woods, whore he was found dead. 10. James Blake, on the arrival of the "Caiolenn" at Ouna- 20 laskn, was placed imder arrest, taken to Hitka, and there charped before the said court with a similar violatbm of the municipal laws of the United Htates of .\merica relatini; to seal flshine in the wnters of Alaska, and on such cbarKo was found pnilty and condemned to pay a tipo of f3(M) and to be imprisoned at Hitka for the space of thirty days, which term of imprisonment li(> underwent. 11. .\t the expiration of such term of imprisonment the said James Blake was released, but was then wholly without means of 8\ibsis(ence, and no provision was made by the said 3° authorities for his return to his home. The said James Blake subsequently found his way back to Victoria after in- curring Rrent hardship and loss in so doinir. 12. Under the above-mentioned (indinpr of facts, tiie arrest, imprlHonnient and detention of the said James Opilvie, and the arrest, imprisonment, detention and condemnation of the said James Bl.ike were illepril, .Mnd Tier Britannic Majesty claims that full and complete comitensniion should be made in the premises by the Oovernment of llie T'nited Htates of America t»t the riovernment of Tier Britannic Majesty. 1.^. The claim made for the wronprs aforesaid to James Offilvie is the ^nm of 12.500. with Intenst from Ist Aupust. 1880, at seven per centum per annum. H. The claim made for the wroncs aforesaid to James Blake Is ♦2.E500. with interest from the 1st August. 1880. at the rate of seven per centum per annum. 40 50 ANSWER OP THE UNITED STATES. ritnt yowmhur na, tHtm 60 1. They admit that on or about Aupust 1st, 1886, at a dis- tance of about seventy-five miles from the nearest land, the said vessel, the 'Tarolena," was seized by the United Htates revenue cutter "Corwin," and that said seizure was made in Berinp Hea and was ratifl«'d and adopted by the Government of the United Htates. But It is averred on the part of the. United Htates. that the said seizure was made in pood faith, by officers of the United Htates. within the line of their duty under the authority and mandate of the municipal laws of the United States, for a violation of the statutes of the Ignited Htates. and such seiz- ure was rntifled and -idopted in srood faith bv the Oovernment of the United States as for a violation of their said statutes. 2. The United Htates aver th.nt. beforp at the time of, and after the seizure of the said vessel, (Claim Mo. 1.) tlif tuitd vi'Hwl, her apimrvl, ontflt and «argo, were wholly or in pint (lu' iitlual piopcrt.v of a lUlzeu orclti'zvUH of (hi* Initnl SlattH, iin«l furtliur thai at the tiniiH afurcitahl tin- lH-n«'ti*-lal inli'ivMi in III*- wliol«> or a jtart of iiii> Maid vcHMt'l, h«>r a|t|>ar«-l, ontitt and rarKo, were poHm-Mwd and owned by a cilizvn or fitizenii of the I'uiltMl HlatoH and thai lior Mild voyaf(i> waH iMiliM-ed upon and proH«><-iitcd, IQ in wholu or in part, for the bcnt'lit of a i-ltiz<>u or cili/.fiiN of tlif (nihd Hiatt'H. a. Aa to s«>mt' of the 8taU>in«>nta of di'lail and fact in para* grapliH nuinb«*r<-d '2, :t, 4 and 5 in the said claim of II«*r Urit- nnnle Majo8l,v, llie roprt'st-utativcH of tlit- llnll<'d Ktatt'H have no Miiflicicnt knowli-dpo, and n» to Huch of them aa may Im> held material the I'nited HiateH invite and re(|uire authentic and Muitahle proofs before the lli((h ComniiHHioners. 1. As to paragraph numbered 5 in said Claim, the United Htates will submit to the lligh Commissioners and will insist ao that tliey are noi liable for damai;es for the detentio.. of sueb vessel when I hi; si'izure, as is alleged and shown in said i^laim, resulted in the totiil loss to the owners of the vessel, her outfit, apparel and cargo, as of the time of mMd s* izure; and that in any ev<-nt the damages therein suggested and elaimed are of the n:iture of proH|>eclive profits and specula- tive damages, hu uncertain as to form no legal, eipiitable or suitable basic for a tinding of fact upon which an assessment thereof can be predicated. 5. The United Htatts will further insist that, so f:ir as a 30 proper claim for damagt s for total loss is concerned, the state ment of the loss alleged in paragraph 7 as having ariseu >ut of the Slid seizure is gcossly excessive. 0. As to the further amount claimed for the alleged im- proper arrest, imprisonment and detention of James Ogilvie and James RIake, persons employed upon said vessel at the time of her seizure, the United States admit the arrest as stated, but deny the imprisonment and statements of fact incident thereto as detailed in the statement of the Rritish Claim; and they aver that such arrests and all subsequent ^ proceedings thereon by the officials of the United States were made, entered upon, and had, in good faith, under the man- date and authority of the municipal laws of the United States, for a violotion of the statutes of the United States; and they aver that the only damages to be considered, in case of any liability on the part of the United States for such ar- rests and detentions, are those for actual pecuniary loss and are not in their natuie punitive or aggravated damages. 7. The United States do not admit any liability on this SO claim. REPLY OF HER BRITANNIC MAJESTY. Filed Itecrmbtr 1, moa. 1. Her Britannic Majesty joins issue on paragraphs 1, 4, 5 ^ and 6 of the reply of the United States, except in so far as they contain admissions. 2*. In further answer to the second part of said paragraph 1, Her Britannic Majesty submits that the same constitutes no defence to Her Majesty's claim, or any part thereof. .1. As to paragraph 2, Her Britannic Majesty says that the above-nam«'d schooner was found by the Tribunal of Arbitra- tion at Paris to be a British vessel, and submits that it is not open to the Commissiocers, acting under the Buhring Sea Ill f (Claim No. I.) 4. And In thenltpmntivunnd in fnrnMT nnawpr to Miid mir- Huiulry cnn Ik- c-nlen-d n,M,n, It nhould Ih> limited to U,e„m.«! tlon of the nctujil o« neiKhip of u... Hald vewel only, and t int ,0 ;'"«?'■♦«••"'•""♦•;'"'. "'"1 Hhould not ,a „„.v event* .Jtendni o the iH'neflelnl interert in the whole or a pnrt of the veL"l iM-r apparel, on.lil .,„,! ,,,r^„; „, „« ,„ „,, ,.„„.^ her voZe WHH entered upon and ,.nme.»te.l in whole or in part S h . »M.net t of a eltiren or vUmm of the Tnited RtateN 5 In further nnHwe- to said paraprnph 2. Her Uritannic '° vSn" n'""".-,"'"^./''" •"•"? "' •'"' ""'"•'nl' «♦"• ^Mmn Con \pntion. the nlloffationn eontaino«l in tlie naid Reply, even If proved do not oonHtltnte any defence to the Claim" for eom JH-nnatlon Het forth in the miid Statement of Claim s IN TIIK MATTKIl OK TIIK ri.AIM (»F IIKK imiTAXXIO MA.IKHTY AHIHINU Ol T OK TIIK HKIZI'UK OK TIIK KTKA.M HCIIOUNKH "TIIOKNTON." CLAIM Mo. S. rilr* Surrmhrr V4, >MIM. lO 20 30 40 SO 60 1. The* "Tliuriilou" wiim u llritiHli ■team si-lioonvr registered ut the I'url uf Victoria, Uritish Uulumblu. 2. On ur ubuiil tiie Kitii Miiv, 1H8(>, the "Thorntuii" Milled from Victoria, llritisli Culiimliia, buuiul on a Healing voyage to tlie North I'aciiic Ocean an I Itehring Hea. Uer niaHter waH llaiiH OulioruiHcu, and tier mate wan Harry Norman. Site carried a crew of tliirteen men, and was fully equipped for Haid voyage and for tlie hunting and capture of HealH. :i. On tlie iMt Augimt, IfSHti, whiUt in the Behring Heu, iu iiorlh latitude .M.iS; weHl longitude 1(>8.44, and distant about seventy iiiileM from the iieareHt land, tli4> "Thornton" being then lawfully eiiKuged in tlie taking of seals at that place, was Keixed by lb*: United Htatcs revenue cullc" '"Jorwin." 4. The "Thornton" was towed by ihe said cutw ■. to Ouua- laska and tlien^ disiicintled, and such proceedings w .-re after- wards had and taken in the United Htates District Court of .Maska, at the instance of the Uovernment of tlir United Htates of America, that tlie said scliooner, ' ' tuckie, a]ipaiel outtlt and cargo, were coudeiiiiied for a violation t/f the luu- nil ipal laws of the Ignited Htates of America relating to seal liftuing in the waters of Alaska, and detained umler Hiich con- demnation tiiilil after the mouth of December, iHS7, when the return of the said scliooner was olercd, but wuh nut accepted, on the ground that the vessel had been practically wrecked in the meantime. 5. Uy reason of the premises further pros«*cutiou of the said sealing voyage for the year 188G was wholly prevented, and Ihe owner of said scliooner was also prevented from using her for the purpose of seal hunting during the year 1887, us lie otherwise would have done, and linully the said schooner, her tuckie, apparel, outfit and cargo, were wholly lost to those interested iu the same. U. Under the facts as found in the Award of the Paris Tri- bunal of Arbittatiou, the seizure, condeniiiation and deten- tion of the said schooner was without warraut or right ac- cording to th«> principles of international law, and Uer Urit- aiinic Majesty ilaiiiiH that full and complete comjiensntiou should be made by tlie Ooveriimeut of the United States of .Vmerica to the Government of Uer Britannic Majesty for all loss thereby sustained. 7. The claim iriade for the loss arising out of the premises is the sum of f:t2,()UU, and interest thereon from the date of loss at the rate of si'ven jK-r centum per annum. 8. In addition to the above a further amount is claimed .for the lmpro|M»r arrest, imprisonment and detention by the Unit- eji, on the arrival of the "Thornton" at Ounalaska, was placed under arrest, taken to Sitka, and there charged befoi-e *he said court wi''i a violation of the munici- pal lows of the United States of America i-elating to seal fish- ing in the waters of Alaska, and on such charge was found guilty and condemned to pay a fine of |500 ai.J to be impris- oned at Sitka for a space of thirty days, which term of im- prisonment he underwent. 10. Harry Norman, on the arrival of the "Thornton" at Ounalaska, was placed under arrest, taken to Sitka, and there (Claim \o. 2.) charged before the said court with a similar violation of the municipul laws of the United Htates of America relating to seal Ushing in the waters of Alaska, and on such charge was found Pfuilty and cond(>mned to pay a line of I^MMJ and to be imprisoned at Sitka lor a space of thirty days, which terra of imprisonment he und( rwent. 11. At the expiratitm of such term of imprisonment the said ,Q Hans Outtormwin and lliiriy Norman were released, but were then wholly witliout means of subsistence, and no pro vision was madi by the said authorities for the return of the Kaid lians n and Llarry Norman to their homes; and they subsequently found their way back to Victoria after incurring great hardsliip and loss in so doing. 12. Under thtention of the said Hans Outtormsen and Hairy Norman were illegal, and Her Rritannic Majesty claims that full and tomplete compensation should be made 20 in the premises by tlie (rovernment of the United States of .vmerica to the Oovcrnnieiit of Her Britannic Majesty. 1.1. The claim made for tlic wrongs aforesaid to Hans Out- tormsen is till' sum of .«2.r»(H», with interest from tin- 1st August, 1886, ar seven per centum per annum. 14. The claim Jnade for the wrongs aforesaid to Harry Nor- man is f 2,500, with interest from tlie 1st August, 1880, at the rate of seven per centum per annum. 30 ANSWER OF THE UNITED STATES. FilFit Korrmbrr •4M, IHIHt. 50 1. They admit that on or about August 1st, 1886, at a dis- tance of about seveuty-tive miles horn the nearest land, the said vessel "Thornton"' was seized by the United States rev- enue cutter "Uorwin,"' and tiiat said seizure was made in 4° Behring Sea and was ratified and adopted by the Goverament of the United States. , Hut it is averred ou the part of the United States, that the said seizure was made in garl. for the benefit of a citizen or citi- zens of the United Sla'es. .'{. As to some of tlie slatenicnts of d( ta'l and fact in para- graphs numbered 2. :$. 4, and 5 in the said claim of Her Hritannic Miijesty. the representsitives of the United States have no suflicieiil Unowledue. and as to such of them as may be held material the United States invite and require authen- tic and suitable proofs before the High Uoiiiinissionei-s. 4. .\s to paragraph numbered H in said Claim, the Unite«l States will submit to the High Coinniissi«mer8 and will insist 60 (Claiai No. 2.) that tlwy 111'*' nut liable for diiiiiap'K for the detention of suoli vtHiHel wlien tlie seizure, aH in iillef;ed and Hliown in Haid Claim, resulted in the total Iohs to the owners, of the Tessel, her outfit, apparel and ear^o, as of the time of said seizure, and that in any event the dama);es therein suggested and claimed are of the nature of prospeetive profits (»r speculative damages, so Hnct>rtain as to forn. no legal, equitable or suit- lO able basis for ti finding of fact u]ion which an assessment thereof can be predicated. 5. The United States will further insist that, so far as a proper claim for damages for total loss is concerned, the statement of the loss alleged in paragraph 7 as having aiisen out of the said seizure is grossly excexsive. (>. As to the further amount claimid for the alleged impro- per arrest, imprisonment and detention of Hans Uuttormsen and Harry Nornmn, perscms employed upon said vessel at the time of her seizure, the United States admit the arrests as stated, but deny the im])risonnient and the statements of facts incident thereto as detailed in the statement of the liritish Claim; and they aver that such arrests and all sub- sequent i»rocwdings thereon by the oflicials of the United States were made, entered upcm and had, in good faith, under the mandate and authority of the municii)al laws of the United States, for a violation of the statutes of the United States; and they aver that the only damage to be considered, in case of any liability on the part of the United States for such arrests and detentions, are those for actual pecuniary loss and are not in their nature punitive or aggravated dam- ages. 7. The United States do not admit any liability on this claim. 20 30 40 REPLY OF HER BRITANNIC MAJESTY. tUrtI Itrrrmhi v I, ISUtl. 1. Her Britannic M-ijesty joins issue on paragraphs 1, 4, 5 and G of the reply of the United Staes, except in so far as they contain admissions. 2. In further answer to the second part of said paragrapb 1, Her Britannic Majesty submits that the same constitutes im defence to Her Majesty's claim, or any part thereof. 50 '.i. As to parairraph 2, Her Britannic Majesty says that the above-named scl'ooner was found by the Tribunal of Arbitra- tion at Paris to be a British vessel, and submits *lmt it is not open to the (.'ommissioneis, ai.ting under the Behring Sea Claims Convention, t<, enquire as to her ownership, the said finding cf acts being conclusive so far as this Commission is concerne*'. 4. And in the alternative and in further answer to said paragraph 2, Her Britannic Majesty submits that even if such enc|uiry < an be entered upon, it should be limited to the ques- 00 tion of the actual ownership of tlie siiid vessel only, and that as between nations, and should not in any event extend as to the benelicial interer.t in the whole or n part of the vessel, her apparel, outfit and caigo; or as to whether her voyage was entered upau and |irosecu!ed in whole or in part for the benefit of a citi/en or .iiizens of the United States. r». In further answer to said paragraph 2, Her Britannic Majesty denies each and every of the allegations of fact there- in contained. (Claim No. 2.) 0. Hor Britannic Majesty further Hubmits that, accordinir to the principles of international law, the pract ce obtihfjn^ among nations, and the terms of he LffinJ La Si"*^ if proved, do no-: constitute any defence to thp rini™ #i^'^ pensation set forth In the sallsSeS of cS™" '"' '^'^- IN THE MATTER OF THE CLAIM OP HER BRITANNIC MAJESTY AKISINiJ OIT OF THE SEIZURE OF THE SCHOONER "ONVVARU." CLAIM No. 3 IQ 20 30 40 50 60 fllrd \»nimher M, tuna 1. The "Onwaid" waa a British schooner registered at the I'ort of Victoria, Briiisb Columbia. 2. On or about tlie 10th day of June, 1886, tlie "Onward" sailed from tlie Wes<: Coast of Vancouver Island, bound on a sealing voyage to tlie North Pacific Ocean and Behring Sea. Her master was Daniel Muuro and her mate was John Mar- gotich. She carried a crew of twenty sailors and hunters, and was fully equipped for said voyage and for the hunting and capture of seals. 3. On the 2nd day of August, whilst in the Behring Sea, in north latitude 54.32, and west longitude 107.55, and dis- tant about 115 miles from the nearest land, the "Onward" being then lawfully engaged in the taking of seals at that place, was seized by the United States revenue cutter "Cor- win." 4. The "Onward" was towed i)y the said cutter to Ouna- laska, and there dismantled, and such proceedings were after- wards had and taken in the United States District Court of Alaska, at the instance of the (Jovernment of the United States of America, that the said schooner, her tackle, apparel, outfit and cargo, were condemned for a violation of the mu- nicipal laws of the United States of America relating to seal fishing in the waters of Alaska, and detained under such con- demnation until after the month of December, 1887, when the return of the said schooner was offered, but not accepted, on the ground that the vessel had been practically wrecked in the meantime. 5. By reason of the premises further prosecution of the said sealing voyage during the year 188C was wholly prevented, and the owner of said schooner was also prevented from us- ing her for the purpose of seal hunting during the year 1887, as he otherwise would have done; and finally the said schoon- er, her tackle, :ipparcl, outfit and cargo, were wholly lost to those interested in the same, and other loss, damage and ex- penses were suit'ered and incurred bv the persons so interest- ed. 6. Under the tacts as found in the Award of the Paris Tri- bunal of Arbitration, the said seizure, condemnation and de- tention were williout warrant or right according to the prin- ciples of international law, and Her Britannic Majesty claims Ihat full and complete compensation should be made by the Government of the United States of America to tlie Oov- trnmeut of Her Britannic Majesty for all loss thereby sus- tained. 7. The claim made for the loss arising out of the premises is the sum of f'2!),000, and interest thereon from the date of loss at the rate of seven per centum per annum. 8. In addition to the almve, a furlluT amount is claimed for the improper arrest, imprisonment, condemnation and de- tention by the United Slates authorities of Daniel Munroe and John Margotich, as master and mate respectively of the said schooner. !). Daniel Munroe, on tlie arrival of the "Onward" at Ouna- laska, was placed under arrest, taken to Sitka, and there charged before the United States District (^Jourt of Alaska with a violation of the mnnicipal laws of the United States of America relating to neal fishing in the waters of Alaska, and to (Claim No. 3.) en such charge was found guilty and condemned to pay a fine of |500 and to be imprisoned at Bitlta for a space of thir- ty days, which lerm of imprisonment he underwent. 10. John Margotich, on the arrival of the "Onward" at Oiinalaska, was plaivd under arrest, taken to Bitka, and there charged before the said court with a similar violation of the municipal laws of the (Tnited States of America relat- lO ing to seal fishing in the waters of Alaska, and on such charge was found guilty and condemned to pay a fine of f3(N) and to be imprisoned at Sitka for the space of thirty days, which term of imprisonment he underwent. 11. At the expiration of such term of imprisonment the said Daniel Munroe and John Margotich were released, but were then wholly without means of subsistence, and no provision was made by the said authorities for the return of the said Daniel Munroe and John Margotich to their homes; and they subsequently found their way back to Victoria after Incur- 20 ring great hardship and Iosh in so doing. 18. Under the above-mentioned findings of fact, the arrest, imprisonment and detention and condemnation of the said Daniel Munroe and John Margotich were illegal, and Her Britannic Majesty claims that full and complete compensa- tion should be made in the premises by the Government of the United States to the Government of Her Britannic Ma- jesty. 13. The claim made for the wrongs aforesaid to Daniel Mun- roe is the sum of f2,&0<), with interest from the 2nd day of 3*^ August, 1886, at the rate of seven per centum per annum. 14. The claim made for the wrongs aforesaid to John Mar- gotich is the sum of $2,500, with interest from the 2nd day of August, 1886, at the rate of seven per centum per annum. 40 ANSWER OP THE UNITED STATES. FHed Kcremher XH, tSM. 50 1. They admit that on or about August 2nd, 1886, at a dis- tance of about one hundred and fifteen miles from the nearest land, the said vessel "Onward" was seized by the United States revenue cutter "Corwin," and that said seizure was made in Behring Sea and was ratified and adopted by the Government of the United States. But it is averred on the part of the United States, that the said seizure was made in good faith by officers of the United States, within the line of their duty under the authority and mandate of the municipal laws of the United States, for a violation of the statutes of tlie United States, and such seiz- ure was ratified and adopted in good faith by the Govern- ment of the United States as for a violation of their said statutes. 2. The United States aver that, before, at the time of, and after the seizure of the said vessel, the said vessel, her ap- parel, outfit and cargo, were wholly or in part the actual pro- 60 perty of a citizen or citizens of the Ignited Stf.teB, and further that at the times aforesaid the beneficial interest in the whole or a part of the said vessel, her appar(>l, outfit and cargo, was possessed and own, and as to such of them as may be held material the United States invite and i-equire authen- tic and suitable proofs before the Hi);li Commissioners. 4. As to paragraph numbered 5 in said Claim, the United States will submit to the High Commissioners and will insiMt that they are not liable for sts and all subsequent proceedings thereon by the officials of the TTnited States were 3° made, entered upon and had, in goo Behring Sea Claims Convention, to enquire as to her ownerfhip; the said 6o finding of facts being conclusive so far as this Commission is concerned. 4. And in the alternative and in further answer to said par- agraph 2, Her Britannic Majesty submits that even if such enquiry can be entered upon, it should be limited to the ques- tion of the actual ownership of the said vessel only, and that as between nations, and should not in any event extend as to the beneficial interest in the whole or h part of the vessel, her apparel, ontflt and cargo; or as to whether her voyage (Cljijm No. .'{.) therein contained ^ *^® allegations of fact to%?;;in"c7Xtf ?;a«r^^^^^^^^ *^ --^'-^ lo «monR nations, and Z tepmrif th^ «\^!?''="''£ *'''*«*°'°« Convention, the ane,„'ttnl'S.Ld in ^ tfd Si.f '''"" If prov,Ml, do not constitute anv defenci to tlie ol W" ^''^" pensatlon set forth In the «aid 8?„;:^ent o/'^^ '"'' ^'""^ 13 IN THE MATTER OP THE CLAIM OP HER BRITANNIC MAJESTY ARISING FROM THE WARNING OUT OP THE BEURING SEA OF THE SCHOONER 'FA- VOURITE." OLAIM No. 4. FU*4 Movrmhtr »4, IHBH. lO 20 30 1. Tile "Favourite" wiis a Itritish B«-houuei- registered at tlie Port of \'ietoria, Brltinh Columbia. 2. TowaitlB tlie end of May, 188«, the "Favourite" Hailed fitjin \'ictoria, British Columbia, bound on a uealing voyage to the North I'ncittc Ocean and Behring "Sea. Her uiaMter was Alexander McLean. She i-arried a crew of twenty-three sailors and hunters, besides her master and mate, and was fully equipped for said voyage, and for the bunting and cap- ture of seals. :t. On the second day^ of August, 1886, whilst in the Beh- ring Sea, in North Latitude 54 :»2, and West Longitude 167 :55, and distant about one hundred and fifteen miles from the nearest land, the "Favourite" being then lawfully engaged in the taking of seals at that place, was hailed by the United States revenue cutter "Corwin," who had then in tow the seized schooners "Thornton" and "Carolena," and ordered to cease sealing and leave Behring Sea forthwith, under threat that she would be seized if she did not comply with such or- der. 4. The master of the "Favourite," in order to avoid seizure, and believing that if he remained in Behring Sea his vessel and crew would be taken as threatened by the commander of the "Corwin," and for no other reason, at once made all sail and left the Behring Sea. 5. By reason of the pi-emises the further prosecution of the said sealing voyage during the year 1S80 was wholly prevent- ed, and other loss and damage was suffered by those interest- ed in said voyage and schooner. (i. I'nder the facts as found in the Award of the Paris Tribunal of Arbitration, the ordering of the said schooner "Favourite" out of the Behring Sea In- the I'nited States revenue cutter "Corwin'.' was without any warrant or right according to the principles of international law, and Her Brit- annic Majesty claims that full and complete compensation should be made by the Government of the United States of America to the Government of Her Britannic Majesty for all loss thereby sustained. 7. The claim mndo for the lo'ss arising out of the premises 50 is the Slim of |7,000, with interest thereon from the date of loss at the rate of seven per centum per annum. 40 ANSWER OP THE UNITED STATES. 60 1. They admit that on or about August 2, 1886, at a dis- tance of about one hundred and fifteen miles from the near- est land, the "Favourite" was hailed by the United States revenue cutter "Corwin" and warned to cease sealing in Beh- ring Sea and ordered to leave Behring Sea. and that the "Corwin" was a public armed vessel of the TTnited States, act- ing under the ihstruetions of that Government to seize all vcBseU engaged in killing fnr seal in Bering Sw after giying lO 14 (Claim No. 4.) due notice, and that tlie "Favoarite," wbon warned and noti- fied, was engaged in fur sealing or prosecuting a voyage for tliat purpose, and that the action of tlie said "Corwin" in so warning and notifying the said "Favourite" was adopted by the Oovernment of tlie United Htates. But it is averred on the part of the United States, that the said warning and notice were given in good faith by ofBcers of the United States, within the line of their duty, under tlie authority and mandate of the municipnl laws of th^e United States, and snch warning and notice were adopted in good faith by the Gov- ernment of the United States as an act to restrain a viola- tion of their statutes. 2. The United States aver that before, at the time of, and af- ter the said warning and notice to the said vessel, the said ves- sel, her apparel, outtit and cargo, w<>re wholly or in part the actual property of a citizen or citizens of the United States, and further that at the limes uforesaid the beneficial interest 20 in the whole or a jwrt of the sa'd vessel, her apparel, outfit and cargo, was possessed and owned by a citizen or citizens uf the United States, and that her said voyage was entered upon and prosecuted, in whole or in part, for the benefit of a citizen or citizens of the United States. 8. As to some of the statements of detail and fact in para- graphs numbered 2, 3, 4, and 5 in the said Claim of Her Brit- annic Majesty, ;he representatives of the United States have no suflicient knowledge, and as to such of them as may be held material the United States invite and require suitable authentic proofs before the High Commissioners. 4. The United States furtlier reply, as to paragraph num- bered 5 of the said Claim, that the said sealing voyage of the "Favourite" was not wholly prevented by the said warning and notice and that no loss or damage was suffered by those interested in the said voyage and the said schooner. 5. The United States does not admit any liability on this Cl^im. 30 m 40 REPLY OF HER BRITANNIC MAJESTY. FUeit Deremher 8, 1899. 1. Her Britaunic Majesty joins issue on paragraphs 1 and 4 of the reply of the United States, except in so far as they 50 contain admissions. 2. In further answer to the averments contained in said paragraph 1, Her Britannic Majesty submits that the same constitutes no defence to Her Majesty's claim or any part thereof. 3. As to paragraph 2, Her Britannic Majesty says that the above named schooner was found by the Tribunal of Arbitra- tion at Paris to be a British vessel, and submits that it is not open to the Commissioners, acting under the Behring Sea Claims Convention, to enquire as to her ownership; the said 50 finding of facts being conclusive so far as this Commission is concerned. 4. And in the alternative and in further answer to said paragraph 2, Her Britannic Majesty submits that even if such enquiry can be entered upon, it Rhould be limited to the question of the actual ownership of the said vessel only, and that as between nations, and should not in any event extend as to the beneficial interest in the whole or a part of the ves- sel, her apparel, outfit and cargo, or as to whether her voyage IS" (Claim No. 4.) WM entered upon for the benefit of a citizen or citisena of the United States. 6. In further answer to said paragraph 2, Her Britannic Majesty denies eacli and I'wry of Ihe allegations of fact therein contained. G. Her Britannic Majesty further submits that according to the principles of international law, the practice obtaining lO among nations, and the terms of the Beliring Sea Claims Con- vention, the allegations contained in the snid Reply even if proved, do not constitute any defence to the Claim for com- pensation set forth in the said Statement of Claim. T t6 IN THE MATTER OF TUK CLAIM OF HEB BRITANNIC MAJESTY ARIHINQ OUT OF THE ORDERIXO FROM BEURING 8EA OF THE SCHOONER "BIACK DIA- MOND." CLAIM No. S. lO 30 30 40 SO t'Iha Nonmbrr »4, IHIM. 1. The "Black Diamond" is a Britiiih scliooner, registered ut tlie {lort of Victoria, British Columbia. 2. In the month of February, 188G, the "Black Diamond" sailed from Virloria, Britiah (Columbia, bound on a sealing voyage to the Xortii I'ariflc Ocean and Behring Sea. She carried a crew of four seamen and sixteen Indian hunters, besides her master aud mate, and was fully equipped for the hunting and capture of seals. 3. The "Black Diamond" lawfully pursued the object of her voyage, namely, the capture of fur seals, until the Ist day of July, 1886, when she entered the port of Ounnlaska. Ai this port the United Stntes Collector of Customs gave the master verbal orders to leave Behring -Sea and cease sealing ^herein, claiming that the Behring Ren belonged exclusively to the United States of .\ni.:'ricn. 4. After the said warning the "Black Diamond" continued seal hunting in Behring Sen until the 2nd day of August, on which day her mastuT was informed, as the fact was, that three schooners had been seized by the Ignited States cutter "Corwin" for 8(>f)ling in Behring Sea. and that they had been towed to Ounalaskn. 5. By reason of such information, and in pursuance of the orders received from the Collector of Customs at Ounalaska. the master of the "Hlnrk Diamond," fearing, and having rea- son to fear, that his schooner would be seized by order of the Government of (heThited States of America, if he c or in part: 1. No qnostion of fact Involved thcroin was Ruhmittpd to th«' Tribunal of Arbitration constitnti-d nndor the Treaty con^ clndod at Wasliinfftor on the 29th of February, 1892, between 10 the TTnited States and Great Britain in accordance with Arti- cle Vlir. of the said Treaty. 2. The said Claim No. 5 was not embraced in (he Schednle of the British case, papes 1 to 60, inclnsive. as prewnted to the said Tribunal of .\rbitrntion. ■;. It was not included or referred to in .\rtich' IX of tho Award of the said Tribunal of .\rbitration. 4. It was not embraced in the Convention between the Fnited States and Orent Britain for the settlement of claims presented by Great Britain npainpt the United States, in virtue of the Treaty of February 2!»th, 1S92, which Conven- tion was ratified by the President of the United States. April 2.1rd. 1896, and by Her Brit.innic Majesty, May 14th, 1890, and under which the High Commissioners were appointed. 5, And the said Claim No. 5, in behalf of Great Britain, claiming compensation from the T'nited States, did not arise by virtue of the Treaty aforesaid or of the Award and find- ings of the said Tribunal of Arbitration, and is not an addi- tional claim specified in the fifth paragraph of the preamble 30 to the said Convention, and is not in the list of the claims intended to be referred, appended to said Convention, pointed out as the claims intended to be referred in Article 1 of said Convention. (Signed.) DON M. DICKINSON, (Signed.) ROBERT LANSING, Counsel for the United States. ao 40 Oommissionen under the Oonvention of Febmary 8, 1896, between Great Britain and the United States of America. Ohamben of the Legislative Assembly, At Victoria, B. 0. January 22, 1897. It is stipulated and agreed by Counsel for Her Britannic M.ijesty and the United States, subject to the sanction of the Commissionerej, that the Claim No. 5, resting on the alleged warning of the schooner "Black Diamond" in 1886, and the ,Q personal claim of James Gaudin included in Claim No. II. may be proceeded witli by tlie Commissioners for the iturjiose of reporting facts and conclusions to our respective Govern- ments fcr their infonnation, separately from other claims: Provided, however, that the question of jurisdiction of the Commis8ioner.s under the Convention, in respect of sail claims, shall remain undecided, but tlie Commissioners, in their dis- cretion, may report tlieir opinion on that question; counsel intending to prejudice in no way whatever their respective Governments in above matters. 60 (Signed.) DON M. DICKINSON. Counsel for the United States. (Signed.) FREDERICK PRTERS, Counsel for Great Britain. iS IN THE MATTKU OK TlIK CLAIM OF IIKU ItUlTANNIO MAJESTY ARISING Ol'T OF TlIK SEIZUUE OF THE HCUOONEU "W. r. SAYWAUD." CLAIM No 6. ninl Norrmhrr 94, IH»H. 10 20 30 40 SO 60 cn, the wn- 1. The "W. P. Ravward" wub u ItritiHh schooner registerfd lit the Port of Vkioria, Itritish Ooliiinhia. 2. On the UUIi to the North Paeltto Oceiiu and Itehring Sea. Her nuiHter waM Oeor^te E. Ferey and her mate waa Andrew liainic. She eurried a er<>w of twenty-three sailorH and hunteni, and waH fnlly equipped for tlie Naid voyage and for the hunting auil capture of Heals. .1. On the 9th day of July, 1887, whilst in Kehring Sen, in latitude r>4.4:i north, and longitude lti7.ril west, and distant about 5!) miles from tlie nearest land, the "\V. P. Saywnrd," liefng then lawfully engiified in the taking of seals in that place, was seized by tlie United Stat««s revenue cutter ''Rasb." 4. The "W. P Snyward" was t«)wed by the said cutter to Ounnlnska, and from thence was ordered by the authorities of fhe Ignited States fJovernnient to be sent to Sitka, together wifft all her crew, in charge of an odlcer from the said cutter "Rush." 5. At Sitka such proceedings were afterwards had and taken in the United States District Court of Alaska, at the instance of the (lovernment of tlu- Ignited Stat«»s of Ann that the said s municipal laws ii T'nited States of America relating to seal Ashing in the ters of Alaska, and detained under sucli condemnation until the 15th day of May, 1888, when she was released upon giv- ing bonds for the prosecution of an appeal against the said condemnation to (he Supreme Court of the rnit*^! States of America. 0. By reason of the premist's the further prosecuti»m of the said sealing voyage during the year 1887 was wholly pre- vented, and the owner of the said "W. P. Sayward" was also deprived of the use of the said vessel after the closing of the sealing season of 1887 until the commencement of the stealing season of the year 1888, during which time she could and would have l)een profitably employed if she had bet-n in pos- session of her owner. He was also prevented from fitting her ont in time to undertake a sea"ng voyage during the year 1888, as he otherwise wotild have done. 7. When the "W. P. Snyward" was released as aforesaid she wap greatly deteriorated in value by reason of her treat- ment d 'ing d«'tention. and her outfit and part of her cargo were en Irely lost to those interested in the same, and other loss, d ag«' and exjiense were suffered and incurred by the owner J others tntei-ested in the said schooner, her cargo and sea ig voyage. 8. Tin .' the facts as found in the Award of the Paris Tri- bunal o \rbitration, the said seizure, condemnation and de- tention ere without any warrant or right according to the principl i of international law. and Her Britanni*- Majesty <-laim8 that full and complete compensation should Ik' made by the Government of the United States to the Government of Her Britannic Majesty for all loss thereby sustained. 9. The claim made for the loss arising out of the premises is the sum of *.'{1.flOO. and interest thereon from the date of loss at the rate of seven per centum per annum. M la lO ao 30 40 (V.luUu No. «.) 10. In ncWItlon to the abovf u fiiitliir nniount ia claimed for llu> iiii|»ro|MT ari't>Hl, iiii|M-iMoiiinfnt uihI del cut ion l>.v tliv Uui(«>«i HlutcH :iiitlioii(i< rt of (JcorKi- 10. Vvivy ami Amliew l^aiiiK. iiiiiHtcr and iiiiil«' i-i'H|M>cii\i>ly or' tlic Haid Hrliooiicr. 11. (}i'orK<' K. Ki'i't'y, wiicii tix' Haid hi-Iiiioimt waM rndKcd, waH plai'cd iiiidiT arn-Ht and waH ludd nndi>r Hnrli arri-ttl until (lif arrival of llu' "\\. V. Savward" at Sitka, wlicit' lit' wnn laloMi liffon- a jimIk*' of tlio rnltfd Statt'H UiHtrirl Court uf AlaHka and iMiund over to a))|H>ar for trial on tlio 22ui. day of .Vu^UHt tlu-n iuHtant, on a cliarK)' of luiviuK violati'd tli** inunit'ipai Ia>M of IIh' I'nitfd HtatcH of .Xinrrica rt'lntiuK tu Hfal fiHiiinK in tlif walt-rH of .ViaMka. PurHuant to IiIh reooK- nix.-inct' tin* said (Jcornf K. Percy appeared i)cfore file miid eourt on t)ie 2'2u<] da.v of .\ii(;uRt, and e'lUtinaed to do ho from day to day until tlie ittli day of Ktcpemher, wlien without hav- ing l>een tried on huar for trial on tlie L'L'nd day of Au^ntit then instant, on a i-hxrp- of liaviuK violated the municipal law.^ of tlie I'liited Slates of .Vnieriea relating; to Heal tisliing in llic waters of .Maska. I'ursuant to his reco|;- nizauce, tlie said .\ndrew haiii^; appeared before llie said court on the 22nd day of Au);usi aforesaitl. and continued to do so from day to day until tlie Dili day of September. IHH7. when, without •• ivin^ been tried on such cliaipe or any other charge, lu> was uncondilioimlly released. l.'l. I'nder the al>ov<' inenlioned findings of fact, the arrest, imprisonnieiit, biiidiu'r over aial detention of the said (ieorge R. Percy and Aiidrew Laing were illegal, and Her Mrilaniiic ^Tajenty claimn fliat full and e(>iiii>1ele coni]H>iisation should lie made in Ihr- premises by Hie (iovernment of tlie United States of America to the Ciovernmeiil of Tier Rritannic Ma- jesty. 14. The claim tuade for the wrongs aforesaid to Oeorge E. Percy is the sum of !|2.tlfl(» wifh inf«>rest from ihc !»tli day of .Inly. 18S7. at the rate of seven per centum per annum. 1.^. The claim made for the wrongs aforesaid to Andrew Laing is the sum of f2.00fl, with interest from the Oth day of July, 1887. at the rate of seven per centum per annum. 50 ANSWER OF THE UNITED STATES. 1. They adn.it that on or about July 0, 1887. at a distance of about fifty-nine ijiiles from the nearest land, the said ves- sel, the "W. P. Sayward." was seized by the Ignited States cutter "Rush," and that siiid seizure wjs made in Belir- 60 ing Sea and was ratifle a Britisli vessel, and submits that it Is not open to the Conimissioners. acting under the Behring Sea Claims Convention, to inquire as to her ownership; the said ^.^1 21 (Clsiiiu Xo. «.) finding of facts being ioncliiBiv«^ ho fur an this CunnniHHion is c'onceriu'd. 4. And in the alternalive and in further answer to said jjaragraph 2, Her Britannit- Majesty submits that, even if KU(!h inquiry can be entered upon, it should be limited to the question of the actual ownership of the said vessel only, and that as between nations, and should not in any event extend lO as to the benetlcial interest in tlio whole or a part of the ves- sel, her apparel, outfit and cargo; or as to whether her voyage was entered upon and prosecuted in whole or in part for the benefit of a citizen or citizens of the United States. 5. In furtlier answer to said paragraph 2, Her liritannic Majesty denies each and evfry of the allegations of fact there- in contained. 6. Her Britannic Majesty further submits that, according to the principles of international law, the practice obtaining among nations, and the terms of the Behring Sea Claims Con- *■" vention. the allegations contained in the said Reply, even if proved, do not constitute any defence to the Claim for com- jiensntion set forth in the said Statement of Claim. IN THE MATTER OF TIIK ri,AIM OF HER BRITANNIC MAJESTY ARISINO Ol T OF THE SEIZURE OP THE STEAM SCHOONER "ANNA HECK." i lO 20 30 40 50 60 CLAIM No. 7. tlird Soremlier •■i4, ISIW. 1. The "Anna Reck" was a Biitisli steam schooner regis- tered at the Port of Victoria. Hrilisli Columbia. 2. On the 21st d-.xy of .Maitli, 18S7, tl»e "Anna Beciv" siiih'd from A'ietoi'ia. British Columbia, bound on a waliuj; voyage to the North I'aeitic Ocean and'Behring Sea. Her master was Louis Olsen and her mate was Michael Keefe. She car- ried a crew of twenty-one sailors and hunters, and was fully equipped for said voyage and for the hunting and capture of seals. 3. On the 2nd day of July, 18.S7, whilst in Beliring Sea. iu Latitude 54.r)8 nortli, and Longitude 167.2U west, and distant about sixtj-six miles from the nearest land, the "Anna Beck" being then lawfully engaged in the taking of seals at that l)lace, was seized by the I'nited States revenue cutter "Rush." 4. After such seizure the "Anna Reck" was. by the author- ity of the commander of tlie said cutter, taken to Ounalaska and there given in charge of the authoiities of tlu» LTnited States (jovernment. and such jtroceedings were afterwards had and taken in the United Slates District Court of Alaska, at the instance of the (Jovernment of the I'nited States of America, that the said schooner, her tackle, apparel, owner of the said schooner ".Vnua Beck" was also deprived of the use of the said vessel after the closing of the sealing season of 1SS7 nntil the commencement of the sealing season of the year 18SS. during which lini(> she could and would have been profitably employed if she had been in the jtossession of lii-r owner. H" was also pr( vented from fitting her out to undertake a sealing voyage for the year 1888, as he otherwise would have done; and the said scluxmer, lier tackle, apitarel. outfit and <..'go were whtdly lost to those interested in the same, and ot ler loss, damage and expense suffered and incurred by the owner and others interested in the said schooner, her cargo and sealing voyage. (t. Under the facts as found in the Award of the Paris Tri- bunal of Arbitration, the said seizure, condemnation, deten- tion and sale were without any warrant or right according to the principles of international law. and Her Britannic Ma- jesty claims that full and complete compensation should \w made by the (Iovernment of the United States of .\merica to the (iovernment of having violated the municipal laws of the United States of America relating to seal fishing in the waters of Alaska. Pursuant to his recognizance, the said Michael Keefe appear- ed before the said Court on the said 22ud day of August, and continued to do so from day to day until the 9th day of Sep tember, 1887, when, without having been trit^l on the said . and interest from the 2nd day of July, 1887. at seven per centum jter annum. 1.3. T!>e claim for the wronjjs aforesaid' to Michael Keefe 50 is the sum of f2.000 and interest from the 2nd day of July, 1887, at seven per centum per annum. 40 ANSWER OF THE UNITED STATES. 60 fUed November '-IS, IHOtt. 1. They admit that on or about July 2nd, 1887, at a dis tance of about sixty six miles from the nearest land, the said vessel, "Anna Beck," was seized by the United States reve- nue cutter "Bush," and that said seizure was made in Bering Sea and was ratified and adopted by the Government of the United States. But it is averred on the part of the United States, that the said seizure was made in good faith, by officers of the 24 lO ((Maim No. 7.) United States, withiu tlio line of their duty under tlie author ity and mandate of the municipal laws of !he United States, for a violation of the statutes of the United Statett, and such seizure was ratified and adopted in good faith by tiie Govern- ment of the United States an for a violation of their said statutes. 2. The United States aver that, before, at tlie time of, and after the seizure of the said vessel, the said vessel, her ap- parel, outfit and e^irgo. were wholly or in part the actual prop- erty of a citizen or citizens of the United States, and further that at the times aforesaid the beneficial interest in the whoSt or a part of the said vessel, lier apparel, outfit and cargo, was possessed and owned by a citizen or citizens of the United States, and that her said voyage was entered upon and prose- cuted, in whole or in part, for the benefit of a citizen or citi- zens of the Ignited States. 3. As to some of the statements of detail and fact in para- 20 graphs numberfd 2, 3, 4 and 5 in the said claim of Her Brit- annic Majesty, Hie representatives of the United States have no sufiicient knowledge, and as to such of them as may be held material the United States invite and require authentic and suitable proofs before the High Commissioners. '1. As to parugrapli numbered 5 in said Claim, the United States will submit to the High Commissioners and will insist that they are not liable for damages for the detention of such vessel when the seizure, as is alleged and shown in said Claim, resulted in the total loss to the owners of the vessel, 30 her outfit, apparel and cargo, as of the time of said seizure; and that in any event the damages therein suggested and claimed are of The nature of prospective profits and specula- tive damages, so uncertain as to form no legal, equitable or suitable basis for a finding of fact upon which an assessment thereof can be predicated, 5. The United States will further insist that, so far as a proper claim for damages for total loss is concerned, the state- ment of the loss alleged in paragraph 7 as having arisen out of the said seizure is grossly excessive. 6. As to the further amount claimed for the alleged im- proper arrest, imprisonment and detection of Louis Olsen and Michael Keefe, persons employed upon said vessel at the time of her seizure, the United States admit the arrests as stated, but deny the statement of fact incident thereto as detailed in the statement of the British Claim; and they aver tliat such arrests and all sub- sequent proceedings thereon by the ofilcials of the United States were made, entered upon and had, in good faith, under the mandate and authority of the municipal laws of the United States, for a violation of the statutes of the United States; and they aver that the only damages to be considered, in case of any liability on the part of the United States for such arrests and detentions, are those for actual pecuniary loss and are not in their nature punitive or aggravated dam- ages. 7. The United States do not admit any liability on this Claim. 40 50 60 REPLY OP HER BRITANNIC MAJESTY. tHIrd Dreembtr I, 1890, 1. Her Britannic Majesty joins issue on paragraphs 1, 4, 6 and 6 of the reply of the United States, except in so far as they contain admissions. 2. In further answer to the second part of said paragraph (Claim No. 7.) 1, Her Britanuic Majesty submits that the same constitutes uo defence to Her Majesty's claim or any part thereof. 3. As to paragraph 2, Her Britannic Majesty says that the above-named schooner was found by the Tribunal of Arbitra- tion at Paris to be a British vessel, and submits that it is not open to the Commissioners, acting under the Behring Sea Claims Convention, io inquire as to her ownership; the said ,Q finding of facts being conclusive so far as this Commission is concerned. 4. And in the alternative and in further .inswer to said par- agraph 2, Her Britanuic Majesty submits that even if such intjuiry can be entered upon, it should be limited to the ques- tion of the actual ownership of the said vessel only, and that as between nations, and should not in any event extend as to the beneficial interest in the whole or a part of the vessel, her apparel, outfit and oargo; or as to whether her voyage was entered upon and prosecuted in whole or in part for the 20 benefit of a citizen or citizens of the United States. 5. In farther answer to said paragraph 2, Her Britannic Majesty denies each and every of the allegations of fact therein contained. 6. TFer Britannic Majesty further submits that, according to the principles of international law, the practice obtaining among nations, and the terms of the Behring Sea Claiins Convention, the allegations contained in the said Reply, even if provcHl, do not constitute any defence to the Claim for com- ,Q pensation set forth in the said Statement of Claim. T I >\ 20 26 IN THE MATTER OF TUE CI.AIM OF HER BRITANNIC MAJESTY ARISING OUT OF .THE SEIZURE OP THE SCHOONER "ALFRED ADAMS." OLAIM No. 8. rtlrd Morrmbtr 94, I Hint. 10 1. Tlie "Alfred Adams" was a British scltoouer registt'ird at file port of Victoria, British Columbia. 2. On or about the last day of tho montli of May, 1H87, the "Alfred -Vdams" sailed from Victoria, British Columbia, bouml on a sealing voyage to the North Pacific Ocean and Behring Sea. Her master was William H. Dyer; and she carried a crew of iwenty-four sailors and hunters, and was fully e(iuipped for said voyage, and for the hunting and cap- ture of seals. 3. On the 10th day of August, 1887, whilst in the Behring Sea, in north latitude 51.48, and west longitude 167.4i>, and about R2 miles from the nearest land, the "Alfred Adams.'" being then lawfully engaged in tlie taking of seals at that place, was seized by the United Staies revenue cutter "Rush." 4. After such seizure tlie commander of the said "Rush" caused the cargo of sealskins, then on board the "Alfred .W- ams,"' and all the firearms, ammunition and Tiulian spears to be taken out of her and placed on board the said cutter; hv also took the ship's paptrs of the "Alfred Adams," and then order«'d the master of the said ".\lfred Adams" +o proceed with his schooner to Sitka, and there report to the United States District Attorney and Marshal. 5. After parting company with the "Rush," the Indian hunters on the said "Alfred Adams" became mutinous on heiiring that they were to proceed to Sitka, whereupon the master of the "Alfred .\dains" jiroceeded direct to Victoria. 6. By reason of the premises the further prosecution of the said sealing voyage during the year 1887 was wholly prevent- 40 ed, and the sealskins, arms, ammunition, ship's pajiers and other articles taken from the said ".\lfred vdams" were com- pletely lost to the owners and others interested tiierein; and other loss, damage and expense were suffered and in- purred by the owners and othei-s interested in the said schoon- er, her cargo and sealing voyage. 7. Under the facts as found in the Award of the Paris Tri- bunal of Arbitration, the said seizure of and other interfer- ence with the said schooner, and the taking of the said seal skins, arms, ammunition, ship's papers and otlier articles from the said schooner were without any warrant or right according to the principles of international law. and Her Britannic Majesty claims that full and complete com- jiensation should be made by the Government of the United States of America to the Government of Her Britannic Maj- esty. 8. The claim made for the loss arising out of the premises is the sum of |25,0fl(>, and interest thereon from the date of loss at the rate of seven per centum per annum. 60 30 SO ANSWER OF THE UNITED STATES. Filfil Korrmlirr HO, tHIta. 1. They admit that on or about August 10th, 1887, the "Al- fred Adams" encountered the United States revenue cutter 27 (<'laim No. s.) "Riisli," who liJiilt'd and ord 3. As to parnKra|)h 2, Tier Uritannic Mnjesly stiys that tlio above named schooner was found bj' the Tribunal of Arbitra- tion at Paris to be a British vessel, and submits that it is not open to the Commissioners, acting under the Uehring Seii riaiins f'onvention, to inquire as to lier ownership; tlie said flndiuR of facts being oonolusive so far as this Commission is concerned. 4. And in the alteniaiive and in furtlier answer to said paragraph 2, Her Britannic Majesty submits that even if such inquiry can be entered upon, it sliould lie limited to the question of at-tual ownership of the said veswl only, and that as between nations, and should not in any event extend as to the beneficial interest in the whole or a part of the ves- sel, her apparel, outfit and cargo, or as to whether her voyage was entered upon for the benefit of a citizen or citizens of the United States. 5. In furtlier answer to said paragraph 2, Uer Britannic Majesty denies each and e\ery oflhe allegations of fait therein contained. (). Her Britannic Majesty further submits that according to the principles of international law, the i)ractice obtaining among nations, and the terms of the BtHiring Sea Claims Con- vention, the allegations contained in the said Reply even if proved, do not constitute any defence to the Claim for com- pensation set forth in the said Statement of Claim. M f t -w 29 IN TUE MATTER OF THE CLAIM OF UEK BBITANNIO MAJEHTY ARISING OUT OF THE HEIZURE OF THE SCHOONER "DOLrHJN." CLAIM No. 9 nUd Sotember 114, IHB«, lO 1. The "Dolphiu" was a British Hteain sehooner rt'glstored at the Port of Victoria, British Columbia. '2. The "Dolphin," in addition to being in every way fitted as a sealing vessel, was also fitted as a passenger vessel, and was duly licensed as such by the (iovermnent of the Domin- ion of Canada. ;{. On or about the IGth day of May, 1887, the "Dolphin" sailed from Victoria bound on a sealing voyage to the North Pacific Ocean and iJehiing Sea. Her master was James 20 Douglas Warren, and lier mate was John Reilly. She car- ried a crew of twenty-one sailors an"3 hunters and was fully equipped for said voyage and for the hunting and capture of seals. 4. On the 12th day of July, 1887, whilst in Behring Sea, in North latitude 54.38, and West Longitude 167.03, and about forty miles from the nearest land, the "Dolphin" be- ing then lawfully engaged in the taking of seals at that place, was sei/A'd by the liuited States revenue cutter "Rush." 5. After such seizure, an officer from the "Rush" was 30 placed on board the "Dolphin," and under his command she was taken to Ounalaska; and afterwards she was sent in charge of an officer from the said "Rush" to Sitka, and such proceedings were afterwards had and taken in the United States District Court of Alaska, at Sitka, at the instance of the Government of the United States of America, that the said schooner, her tackle, apparel, outfit and cargo were condemn- ed for a violation of the municipal laws of the United States of America relating to seal fishing in the waters of Alaska, .Q and detained under such condemnation until the 26th day of March, 1889, when she was sold" under such condemnation with all belonging to her. 6. By reason of the preiuises, the further prosecution of the said sealing voyage for the year 1887 was wholly prevented, and the owner of the said schooner was deprived of the use of the said vessel after the closing of the sealing season of 1887 until the commencement of the sealing season of the year 1888, during which time she could and would have been pro- fitably employed if in the possession of her owner; and the 50 owner of the said schooner was also prevented from using her for the purpose of seal hunting during the year 1888, and af- terwards as a passenger vessel, as he otherwise would have done; and, finally, the said schooner, her tackle, apparel, out- fit and cargo were wholly lost to those interested in the same; and other loss, damage and expense were suffered and in- cun-ed by the owner and others interested in the said schoon- er, her cargo and sealing voyage. 7. Under the facts as found in the Award of the Paris Tribunal of Arbitration, the said seizure, condemnation, de- t)0 tention and sale were without any warrant or right according to the principles of international law, and Her Britannic Majesty claims that full and complete compensation should be made by the Government of the United States of America to the Government of Her Britannic Majesty for all loss sus- tained thereby. 8. The claim made for the loss arising out of the premises 18 the sum of f 50,000, and intei-est thereon from the date of loss at the rate of seven per centum per annum. (Claiui No. U.) 1). Ill tulditioii to tlu- iihov*' a fiii-llici- ainouiit ih claiuuHl foi* tht> iniitroi/ci- arn-Ht, iin])riNonia<'nt and ih'tciilion li.v tlu> Tnltcd HIatcH aullioriti*-H of .lanicH 1>. Wam-n and .loliii IMIly, as inaHt«'r and ina(«' ivHiM-elivclv of the waid scliooncr. 10. •laiiuH I). Warren, when llic Hald Hclioonoi- was m'izcd, yvuH placed nndei- aiTcHi, and held undi-i- huiIi ari-cHt until the arrival of the "l»ol|diin" at Sitka, where he wan taken before lO '^ J»«iK«' of the I'nited Slates J)istri(t t'onrt of Alaska, and Itonnd over to appear for trial on the L'Und da.v of Au^nHt then instant on a charge of havin}; vioiat(>d the niuniei]ml laws of the Tnited States of America relatini; to seal flshin); in the waters of Alaska. IMirsnant to his recojjnizance, the said James 1). Warren appeared before the said Court on thft said 2'Jnd day of AuKnst, and continued to do so from da.v to da.v until the itth da.v of September. 18S7. when, without hav- ing been tried on sucli' charge, he was uncondititmall.v re- leased. 20 11. ,Tohn Heill.v. when the said schooner was seized, was jdaced iinder arrest, and held nnder such arrest until the arrival of the "Doli)hin" at Sitka, where he was taken before a judge of the T'nited States District Tonrt of Alaska, and bound over to a])penr for trial on the 22nd day of August then instant, on a charge of having violated the municipal laws of the Vnited States of .\nierica rolalfng to seal fishing in the waters of Alaska. Pursuant to his recognizance, the said John Reilly anpeared before the said court on the 22nd day of August and continued to do so until the 0th da.v of 3° Sei»t«'mber. ISST*. when, withniit having been tried on sncft charge, or on an.v other charge, he was unconditionally re- leased. 12. T'nd<*r the above-mentioned flndmss of fact, the arrest, imprisonment. bindint«aid the henelicial interest in tlie wliole or a part of the said vessel, her apparel, outfit and cargo, were possessed and owned by a citizen or citizens of the United Staten lO and that her said voyafte was entered upon and proseculed, in whole or in part, for the benefit of a citizen or citizens of the United States. :<. As to some of the statements of detail and fact in para- ^Miiplis numbered 'i :t, 4, 5 and in the said Claim of Iler Itritannic Majesty, the representatives of the United States hav(> no sutticient knowledge, and as to such of them as may be held material tite United States Invite and require authen- tic and suitable proofs before the High Commissioners, t. .\s to paragraph numbered 6 in said Claim, the United 20 States will submit to the High Commissioners and will insist that they are not liable for damages for the detention of such vessel when the seizure, as is alleged and shown In said Claim, resulted in the total loss to the owners, of the vessel, her outfit, apparel and cargo, as of the time of said seizure, and that in any event the danuiges therein suggested and claimed are of the nature of prospective profits or speculative damages, so uncertain as to form no legal, equitable or suit- able basis for a finding of fact ufH)n wliich an assessment thereof can be predicated. 5. The United States will further insist that, so far as a |»roper claim for damages for total loss is concerned, the statement of the loss alleged in paragraph 7 as having ailsen out of the said seizure is grossly excessive. fi. As to the further amount claimed for the alleged im- prop<>r arrest, imprisonment and detention of James 1). War ren and .lolin Keilly. persons emitloyed upon Siiid ve.«sel at the time of her seizure, tlie United States admit the arrest as stated, but den.v the imprisonment and tlie statements of facts incident thereto as detailed in the statement of the British Claim; and they aver that such arrests and all subsequent proceedings thereon by the officials of the United States were made, entered upon, and had, in good faith, under the man- date and authority of the municipal laws of the United States, for a violation of the statutes of the United States; and they aver that the only damages to be considered, in case of any liability on the part of the United States for such ar- rests and detentions, are those for actual pecuniary loss and are not in their nature punitive or aggravated damages. 7. The United States do not admit any liability on this claim. 30 40 50 REPLY OP HER BRITANNIC MAJESTY. 60 rtird hrrrmhrr t, IHO«. 1. Her Britannic Majesty joius issue on paragraphs 1, 4, 5 and 6 of the reply of the United States, except in so far an they contain admissions. 2. In further answer to the second part of said paragraph 1, Her Britannic Majesty submits that the same constitutes no defence to Her Majesty's claim, or any part thereof. 3. As to paragraph 2, Her Britannic Majesty says that the above-named schooner was found by the Tribunal of Arbitra- 33 10 20 (Claim No. U.) liou nt I'aria to be a BritiHh veHHel, and Bubniils (liat it iB nut opva to tlie CoininiBBiuuvrH, acting under the Ueliring 8ea CiainiH Cunvfiition, tu iui|iiire uk to Iicr ownervliip; tiu> Haid finding of facts being concluHivc bo far as tliia GommiBsion la concerned. 4. And in the alternative and in further anawer to said par- agraph 2, Her Hritannic MajeNty Bubmits that even if auch ini|niry ran Ix* t'nt«>r veH.sel, wiiN alsii nreiiHeil a>< a partHenjjer li«ial. ii'ii) IukI all llii- a|i|)liaiM'eN and cnnveiiienres i'e(|iiii'eil hv (lie ('an a-r master and mate. iO 4. On the 171 h da.v of Tiil.v. ISHT, wliilHt in IJehrin}: Sea in north latitude W.d.'!. and west loiit;itnde l(iH.4(», and distant al)oiit niiielvsix niilcH from the nearest land, the ''tirace" heinK then lawfnli.v ennaj;»'d in Ihe taking of seals at that place, was sei/.ed by Ihe Tnited HlatcB revenue ( utter "Hush."' 5. After such seizure tlie "Ornee," under command of the said cutter, was taken to Ounalaska, where a Unit(>d States ofllcer was ph'ced on board the schooner, and she was, iu charge of sued officer, taken to Sitka witli all her crew and hunters. At Sitka she was placed in charge of the United State» Marshal, and such proceessel, her apparel, outfit and cargo, was possessed and owned by a citizen or citizens of the United States, and that her said voyage was entered upon and prosecuted, in whole or in part, for the benefit of a citizen or citizens of the United States. 3. As to some of the statements of detail and fact In para- graphs numb'Med 2, a, 4, 5 and fi in the said Claim of Her Brit- annic Majesty, the representatives of the T'nited States have no sufficient knowledge, and as to such of them as may be 60 held material the United States invite and require suitable authentic proofs before the High Commissioners. 4. As to paragraph numbered fi in said Claim, the United States will submit to the High Commissicuiers and will insist that they are not liable for diimages for the detention of such vessel when the seizure, as is alleged and shown in said Claim, resulted in the total loss to the owners, of the vessel, her outfit, apparel and cargo, as of the time of said seizure; ' iiii,i(i\'' JO (Claim No. 10.) and that in any event the damages therein suggested and claimed are of the nature of prospective profits and specula- tive damages, so uncertain as to form no legal, equitable or suitable basis for a finding of fact upon which an assessment thereof can be predicated. 5. The United States will further insist that, so far as a proper claim for damages for total loss is concerned, the statement of the loss alleged in iwiragniph 8 as having arisen lO out of the said seizure is grossly excessive. C. As to the further amount claimetl for the alleged im- proper arrest, imprisonment and detention of W. Petit, a i)er8on employed upon said vessel at the time of her seizure, the I'nited States admit the arrest as stated, but Jeny the imprisonment and the statements of fact incident thereto as detailed in the statement of the Brit- ish Claim; and they aver that such arrests and all subsequent proceedings thereon by the officials of the T'^nited States were made, entered upon and had. in good faith, under the nmn- date and authority of the municipal lawr, of the United States, for a violation of the statutes of the T^nited States; and they aver that the only damages to be considered, in case of any liability on the part of the United States for such ar- rest and detention, are those for actual pecuniary loss and are not in their nature punitive or aggravated damages. 7. The United States do not admit any liability on this claim. 20 30 REPLY OF HER BRITANNIC MAJESTY. *"(/(■(/ herrmher I, tSOII. 40 53 1. Her Britannic M.-jjesty joins issue on paragraphs 1, 4, 5 and G of the reply of the United iStates, except in so fai as they contain admissions. 2. In further answer to the second part of said paragrapn 1, Her Britannic Majesty submits th.it the same constitutes no defence to Her Majesty's claim, or any part thereof. 3. As to parauraph 2, Her Britannic Majesty says that the above-named scljoon<'r was found by the Tribunal of Arbitra- tion at Paris to be a British vessel, and submits that it is not n. lo iniiuirc as to her ownership, the said finding of facts bciii. conilusivo so far as this Commissioii is concerned. 4. And in the alternative and in further answer to said jiaragraph 2, Her Brit.innic -dajesty submits that even if such iminiry can lie ent* 't ^l i!j)oii. it should be limited to the ques- tion of the "..t'lal o'.vnership of the said vess^'l only, and that as between nations, and should not in any event extend as to the beneficiiil inten^st in the whole or a part of the vessel, her apparel, outfit and cargo; or as to whether her voyage was entered upon and i)rosecuted in whole or in part for the benefit of a citi/.en or citizens of the United States. .'. In further answer to said paragraph 2, Her Britannic Majesty denies each and every of th(» allegations of fact there- in contained. fi. Her Britannic ^fajesty further submits that, according to the principles of international law, the practice obtaining among nations, and the terms of the Behring Sea Claims Convention, the allegations contained in the s'lid Reply, even if proved, do noc constitute any defence to the Claim for Com- pens.ation set forth in the ^aid Statement of Claim. IN THE MATTER OF THE CLAIM OF HER BRITANNIC MAJESTY ARISING OUT OF THE SEIZURE OF THE SCHOONER "ADA." CLAIM No. 11. Fllrd November 114, ISOU. 30 10 1. The "Ada" was a British schooner registered at the port of Sliangliai. 2. On the nth da.v of March, 1887, the "Ada" sailed from the port of Yokohama, Japan, with the intention of going to Victoria, British Colnmbia. having partially fitted out for a sealing voyage to the |>ort of Yokohaniii, to be carried on on the Northwest Coast and Behring Sea. On arrival at Vic- toria she completed her outfit for seal hunting in the Nortli I'aciflc Ocean, particularly on the Northwest Coast thereof. She finally completed her cruise on that coast and returned 20 to Victoria on the Hist day of May. 1887, where slie disposed of her spring catch of seals, and completed her outfit for tlie sealing voyag;' in the Behring Sea. 3. On or about the 10th day of June, 1887, she cleared from the port of Victoria for Behring Sea. Her master was James Gaudin and her mate was C. A. Lundberg; and she carried a crew of tv.enty sailors and hunters, and was fully equipped for such voyage and for the hunting and capture of seals. 4. On the 2.5th day of August, 1887, when distant north- ward about fifteen miles from Ounalaska Island, the nearest land, the "Ada" beinc then lawfully engaged in the taking of seals at that place, she was seized by 'the United States reve- nue cutter "Boar." 5. The "Ada" was taken by the said cutter to Ounalaska, and afterwards, by order of the Ignited States authorities, she was taken to Sitka, and there such proceedings were afterwards had and taken in the United States District Court of .Maska. at the instance of the Government of the United Statewof Americ.'i. Hint the said Kchooner, her tackle, apparel, outfit and cargo, were condemned for a violaticm of the munici- ])al laws of thi> United States of America relating to seal fish- ing in the walors of Alaska, and detained under such con- demnaion until the 2r»th day of Alarch, 1880. when sht was sold under such condemnation, with everything belonging to her. 0. By reason of the premises the further prosecution of thv> said sealing voyage for the year 1887 was Avholly prevented, and the owner of said schooner was also prevented from us- ing her for the purpose of B<'al hunting during the year 1888, na he otherwise would have done; and finally the said schoon- er, her tackle, upparel, outfit and cargo, were wholly lost to those interested in the same, and other loss, damage and ex- l»ense were suffered and incurred by the owner and others interested in the said schooner, her cargo and sealing voyage. 7. Under the facts as found in tlie Award of the Paris Tribunal of Arbitration, the said seizure, condemnation, de- tention and sale were without warrant or right according to the principles ssive. 6. The United States do not admit any liability on this lO Claim. REPLY OF HER BRITANNIC MAJESTY. riled Norrmfier 94, tSOO. 2Q 1. Her Britannic Majesty joins issue on paragraphs 1, 4, 5 and 6 of the reply of the United States, except in so far as they contain admissions. 2. In further answer to the second part of said paragraph 1, Her Britannic Majesty submits that the same constitutes no defence to Her Majesty's claim, or any part thereof. '. -Vs to paragraph 2, Her Britannic Majesty says that the ' .jove-named schooner was fotind by the Tribunal of Arbitra- tion at Paris to be a British vessel, and submits that it is not oj)en to the Commissioners, acting under the Behring Sea 30 Claims Convention, to inquire as to her ownership; the said finding of facts being conclusive so far as this Commission is concern«>d. 4. And in the alternative and in further answer to said paragraph 2, Her Britannic Majesty submits that, even if such inquiry can be entered upon, it should be limited to the question of the actual ownership of the said vessel only, and that as between nations, and should not in any event extend as to the beneficial interest in tlir whole or a part of the ves- sel, her apparel, outfit and cargo; or as to whether her voyage was entered upon and prosecuted in whole or in part for the benefit of a citizen or citizens of the United States. 5. In furtlier answer to said paragraph 2, Her Britannic Majesty denies each and every of tHe allegations of fact there- in contained. 6. Her Britannic Majesty further submits that, according to the principles of international law, the practice obtaining among nations, and the terms of the Behring Sea Claims Con- vention, the allegations contained in the said Reply, even if proved, do not constitute any defence to the Claim for com- pensation set forth in the said Statement of Claim. 40 SO 40 IN THE MATTER OF THE CF.AIM OF HER BRITANNIC MAJEHTV AlUSIXO OUT OF THE ILLEGAL INTEU- FEUEN(JE WITH THE SCHOO^JER "TRlUMrH." CLAIM No. 12 IC Wiled November '^4, tH99> 1. The "Triumph" was a British schooner registered at the I'ort of Victoria, British Columbia. '1. On tlie 2()th day of May, 1887, the "Triumph" sailed from Victoria, British Columbia, bound on a sealing voyage to the North I'acific Ocean and Bchring Sea. Her master was (r«'orge Errington and her mate was Hermann Smith; she carried a crew of (,'leven sailors and hunters, and was fully 20 ecjuipped for said voyage and for the hunting and capture of seals. :?. On the 41 h day of August, 1887, when the "Triumph" was about ten miles off to the southward of ITuimak Pass, and about entering Behriug Sea. she was boai'ded by an offi cer of the United States revenue cutter "Rush," wlio d«'niand- ed and received the ship's i)apers, and then proceeded thor- oughly to search the "Triumph." The said officer also mad" inquiries as to where the seal skins then on l>oard had been obtained, and. for the purpose of verifying the answers given 3** him, demanded, and received the lojr bdok and took the jiosi- tid upon for the benefit of a citizen or citizens of the United States. 6. In further answer to said paragraph 2, Her Britannic Majesty denies each and every of the allegations of fact therein contained. 7. Her Britannic Majesty further submits tliat, according 40 to the principles of internationiil law, the practice obtaining among nations, and tlie terms of the Behring Sea Claims Con- vention, the allegations contained in the said Reply, even if proved, do not constitute any defence to the Claim for com- pensation set forth in the said statement of Claim. 30 (i )w«j''' 43 IN THE MATTER OP TUK CLAIM OF HER BRITANNIC MAJESTY AKI8ING OIT OK THE SEIZURE OF THE SCHOONER -JUANITA." CLAIM No. 13. Flleil Aoi-etuAer V4, ISOO. 20 30 1. The "Juuuitu" wuh a Uritiuh schoouei' registered ut the port of Victoria, British Columbia. 2. Ou the 7t)i day of May, issy, the "Juauita" sailed from Victoria, British Columbia, bound on a sealing voyage to the North I'aciflc Ocean and Behring Sea. Her master was Charles E. Clarke, she carried a crew of twenty sailors and hunters, she was fully equipped for the said voyage and for the hunting and capture of seals. 3. On the 3l8t day of July, 1889, whilst in Behring Sea, and distant about 66 miles from the nearest land, the "Juanita" being then lawfully engaged in the taking cf seals at that place, was hailed, boarded, searched and seized by the United States revenue cutter "Rush." 4. After such seizure the commander of the '"Rush" caused the cargo of seal skins then on board the "Juanita," and her spears, to be taken out of her and placed on board the said cutter. He also took the ship's papers. Tlie commander of the said cutter then instructed the master of the "Juanita" to proceed with his schooner to Sitlca and surrender his ves- sel and himself and crew to the United States authorities tliere. 5. After the departure of the "Rush," the master of the "Juanita," in f onsequence of what had taken place, and being prevented from continuing to seal and hunt, and dreading a second seizure, sailed out of I?ehHng Sea and immediately returned to Victoria. 6. By reason of the promises the further prosecution of the said sealing voyage dui'ing the year 1SS7 was wholly prevent- 40 ed, and the owners and others interested therein wholly lost the said seal skins, spears, ship's papers, and otlier articles, so taken as aforesaid, and otlier loss, damage and expense were suffered and incurred by the owner and others interested in the said schooner, her cargo and sealing voyage. 7. Under the facts as found in the Award of the Paris Tri- bunal of Arbitration, tlie said hailing, boarding, searcliing and seizure, and other interferences, were without warrant or right according to the princples of interntional law, and Her Britannic Majt sty claims that full and complete compensa- tion should be made by the Government of the T'nited States of America to the Government of Her Britannic Majesty for all loss sustained thereby. .''. The claim made for the loss arising ont of the premises is the sum of $18,000, with interest thereon from tie date of loss at the rale of seven per centum per annnm. SO 60 ANSWER OF THE UNITED STATES. fOed Deeemher 1, 1898. 1. They admit that on or about July 31st, 1889, the "Juan- ita" encountered the United States revenue cutter "Rush," who hailed her and ordered her to heave to, which order was obeyed, and that thereupon the said "Juanita" was boarded lO 20 44 (Claim No. 1.1.) hy H forte from the "Kush," nnd tlie jhiikm-h of Ihi' "JuaniUi" were theu und there demuiided mid examiued; and tlieu and there the said force formally Heized the "Juanita" and re moved certain seal bltins and arms from the "Juanita" to the "Rush," and that the said "Kush" placed on board the "Juan- ita" a man from the "Knsh," with inntrnctions from the com- mander of the "Rush" to deliver the said "Juanita" to the I^^niti'd States authorities at Sitka, but that then and then' the "Rush" departed, and the "Juanita" refused to and did not recognize the seizure, but proceeded upon her seal- ing voyage without further let or hindrance. But It Is averred on the part of the United States that the said seizure was made in good faith, by officers of the United States, within the line of their duty under the authority and mandate of the municipal laws of tlie United States, and such seizure was adopted In good faith by the Goverflment of the United States as an act to restrain a violation of their statutes. 2. The United States aver that, before, at the time of, and after the seizure of the said vessel, the said vessel, her ai»- parel, outfit and cargo, were wholly or in part th(! actual pro- perty of a citizen or citizens of the United States, and further that at the times aforesaid the beneficial interest In the whole or .1 part of said vessel, her apparel, outfit and cargo, was possessed and owned by a citizen or citizens of the United States, and that her said voyage was entered upon 30 and prosecuted, in whole or in part, for the benefit of a citi- zen or citizens of the United States. 3. As to some of the statements of detail and fact In para- graphs numbered 2, 3, 4, 5, 6 and 7 in the said Claim of Her Britannic Majesty, the representatives of the United States have no sufficient knowledge, and as to such of them as may be held r.mterial <1 e United Stn.tes invite and require suitable, authentic proofs before the High Commissioners. 4. The United States, in further reply, aver that the prose- cution of the said scaling voyage, by said search and seizure, was not wholly lost to the owners of the "Juanita," and others interested tlierein; that the claim made for such loss, as is alleged, is grossly excessive; and that there was no other loss, damage and expense suffered and incurred by her owners and others interested in the said vessel, her cargo and voyage. 5. The United States does not admit any liability on this Cl«>«m. 40 50 RE^LY OF HER BRITANNIC MAJESTY. tiled Vetember S, 1899. 60 1. Her Britannic Majesty joins issue on paragraphs 1 and 4 of the reply of the United States, except in so far as they contain admissions. 2. In further answer to the averments contained in said paragraph 1, Her Britannic Majesty submits that the same constitute no defence to Her Britannic Majesty's claim, or any part thereof. 3. As to paragraph 2, Her Britannic Majesty says that the above-named schooner was found by the Tribunal of Arbitra- tion at Paris to be a British vessel, and submits that it is not open to the Commissioners, acting under the Behring Sea Claims Convention, to inquire as to her ownership; the said (Claim No. 13.) finding of facts being conclusive so far as thfa CommiBBion is concerned. 4. And in the alteniaif ? and in further anHwer to said paragrapli 2, Her Britannic Majesty submit s that even if such inquiry can be entered upon, it should be limited to th« fjuestion of actual ownership of the said vessel only, and that as between nations, and should not in anv event extend as to the beneficial interest in the whole or a part of the ves- lO sel. her apparel, outfit and cargo, or as to whether her voyage was entered upon for the benefit of a citizen or citizens of the United States. 5. In further answer to said paragraph 2, Her Britannic Majesty denies each and every ntlho allegations of fact therein contained. 0. Her Britannic Majesty further submits that according to the principles of internaiionai law. the practice obtaining among nations, and the terms of the Behring Sea Claims Con- vention, the allegations contained in the said Reply even if •-0 proved, do not constitute any defence to the Claim* for com- pensation set forth in the said Statement of Claim. n nl^ W 46 IN THE MATTER OF THE CLAIM OF HER BRITANMIO MAJESTY ARISING OUT OF TUE SEIZURE OF THE SCHOONER "I'ATIIFINUKR." CLAIM No 14. fUfl XniviHhrr V4, IHMl. 10 30 1. Till' "I'lithliutlur"' wiik a Hi-itluh Hchuoufi- i'f(;iHtcn>d at the port of X'icloriti^ ItritiHli Columbia. 2. Ou (be I7tli day of April, ISW), the "rathtiiider" willed front X'ietorla, liritiHh Columbia, bound on a Healing; voyage to the North raelHe Ocean and itehring Sea. Her nnistei* was William O'Leaiy and her mate was Andrew DavidHon, and Hhe carried a crew of eighteen miilorH and liunierH, and waH fully equipped for Maid voyiige and for the hunting and captuiv of seals. .'{. On the 20th day of July, 18S9, the "Pathfinder," whilst in Hehring Sen, in about north latitude 57.24, and west longi- tude 171.25. and distant about 50 miles from the nearest land, was hiiiled by the I nited States revenue cutter "Rush'' and ordered to heave to. She was then boarded by officers of th'j said "Rush, " who searched and seized the "I'athflnder," and th«'n t(M»lv away and confiscated the seal skins on board her, also her arms, ammunition, salt, ship's papers and other ar tides. .\n otticer from the said "Rush" was afterwards ,Q placed in charjie of the "Pathfinder." and her master was or- dered to take her to the port of Sitk.i, to be there delivered np to the authonties of the TTnited States of Ameilca. In- stead, however, of pi-oceeding to Sitkti, as ordered, the nnmter •jailed for Victoria. 4. By re.asou of the premises the further prosecution of the said sealing voynge during the venr 1SS9 was wholly prevent- ed, and the owner Jind other persons interested therein lost the seal skins, arms, nmmnnition. suit, ship's papers and other articles seized and taken as ;ifores,Tid; and other loss. 40 damage and expense were suffered ;uid incurred l>y the own- er and others interested in the siiid schooner, her cargo and sea.ling voyage 5. TTnder tlie facts us found in the Award of tin* Paris Tri- bunal of Arbitration, the said hailing, search, seizure and other interferences were without ,iny wairant or right ac- cording to the i»rinciples of interniticmal law. and Her Bri- tannic Majesty claims that full and complete compensation should be made by the Government of the Unit* d States of America to the Government of Her I'ritannic Majesty for all loss sustained thereby. 6. The claim made for the loss arising out of the premises is the sum of $.10,000. with interest from the date of loss at the rate of seven per centum per anunni. SO 60 ANSWER OF THE UNITED STATES. Filtd December ft, 1800. 1. They admit that on or about July 29, 1889, the "Path- finder" encountered the I'nited States revenue cutter "Rush," who hailed and ordered her to heave to. which order was obeyed, and that thereupon the said "Pathfinder" was board- lO 20 47 (Cluim Nu. 14.) cd by a force from the "Uusli," and the pupers from the "I'll til tluder" were then uud there demanded and examined; tliat then and there the said force formally- neized the "I'ath- tlndoi" and removed certain Heal Hl^inH and arnm from tlie "I'atlillndt'r" to tiie "Knsh," and that tin »aid "Unsh" placed on hoard the "I'athtlnder," a man from the "UuMh," with in- HtructionK from th<> command«'r of the "HuhIi" to deliver th<.> Maid "i'alhtlndcr" lo the United HIates authoritit'8 at Hitka, hut that then and iliere *he "Hash" departed and the "I'ath- tlnder" refnHed to and did not reeognize tlu' Helznre, but pro- ceeded njion lier Healinji voyage without further let or hin- drance. Hut it Ik averred on the part of the I'nited Htates that the said wizure wan made in good faith l»y ofMcers of the United Htates. within the line of their duty under the anthoi- it.v and mandute of the municiiial lawH of the United HtnteM, and ;-tuch seizure was adopted in good faith l)y the flovern- nient of the United States as an act to restrain a violation of tln'ir statutes. 2. The United Stntea aver that, before, at the time of, and after the seizure of the Baid Teasel, the said vessel, her apparel, outfit and cargo, were wholly or in part the actual property of a citizen or citizens of the United States, and further that at the times aforesaid the beneficial interest in the whole or a part of the said vessel, her apparel, outfit and cargo, were possessed and owned by a citizen or citizens of the United Btateti and that her said voyage was entered upon and prosecuted, iQ in whole or in part, for the benefit of a citizen or citizens of the United States. 3. As to some of the statements of d 'tail and fact in para- graplis numbered 2, 3, and 4 in the said Claim of Her Uritannic Majesty, the representatives of the TTnited States have no sufficient Iviiowledge, and as to such of them as may be held material the United States invite and require authen- tic and suitable proofs before the High Commissioners. 4. The United States, in further reply, aver that the pros- ecution of the said sealing voyage, by the said search and 40 seizure was not wholly list to the owners of the "Pathfinder" and otliers interested tliei-ein; that the claim made for such lo«s, as ?s alleged, is grossly excessive; and there was no other loss, damage and expense suffered and incurred by her owners and others interested in the said vessel, her cargo and voyage. 7. The United States do not admit any liability on this claim. 50 REPLY OF HER BRITANNIC MAJESTY. rUed lirtember 14 IHM. 1. Her Britannic Majesty joins issue on par.^graphs 1 and 4 60 of the Reply of the United States, except in so far as they contain admissions. 2. In ftirtlier answer to -1, he caused the locker to be broken open iind the papers to be taken out. Having don(> this, he ordered th > masler of ihe "Black Diamond" in proceed to Sitka, wiiicli lie- master of tiie schooiier refused +0 do, stating that if the cnmm.-inder of the "Hush" w.'inted the schooner to go to Sitka he would liMve (o ])ut a crew on boi'rd to take her tiiere. .\ ntan fi'oni the "Rush" was then placed on board the "Blaclv ]>ianiend." with oi'dei's Ihiit the schooner slionld proceed to Sitka, there to be delivered over to the authorities of 11m> United States of America. The 5° schooner proceeded to Onnalaska. .'ind from thence (Ihe In difins refusinrr to ere to Sitkn) slie sailed to Vic((>"ia. 4. By reason of the premises tli(> further prosicMion of tin: said sealing voyage dui-ing tlie vear ISSf) was w' oily prevent- ed, and the seiU skins, arms, ammunition. s](e' is , Paris Tri huncl of \rbiii;itio'i, the said h.'iiling. overliauling. searching and seizure vere without any wMi-rnnl or i'i!.'ht ae- cordinir to the prim'iples of inlei'uational law, and Her Bri tannic 'Maie.stv claims that full jind complete compensation should be mM!l(> by Ihe CJoviMnment of Ihe Ignited States of America to the riovernment of Her Britannic Mn.jesty for nil loss sustained thereby. 40 so (Claim No. 15.) 6. The claim made for the loss arising out of the premises is the sum of 'f23,0()0, with interest from the date of loss at the rate of seven per centum per annum. 10 ANWWIili OF THE UNITED STATES. Filed Ueeember 1, I80« 30 1. They admit that on or about July 11th, 1889, the "Black Diamond" entouutered the Uuitetl States revenue cutter "Rush," who hailed and ordered her to heave to, which order was obeyed, and that thereupon the said "Black Diamond" ,o was boarded by a force from the "Rusu," and the papers of the "Black Diamond" were then and there demanded and ex- amined; and tlien and there the said force formally seized the "Black Diamond" and removed certain seal skins and arms from the "Black Diamond" to the "Rush," and that the said "Rush" placed on board the "Black Diamond" a man from the "Rush" to deliver the said "Blrick Diamond" tj the United States authoiities at Sitka, bit that then and there the "Rush" deparnd, and the "Black Diamond" refused to and did not vecognize the seizure, but proceeded upon ber sealing voyai^e without further let or hindrance. But it is averri'd on the part of the United States that the said seizure was m de in good faith by ofBcers of the United States, v.'ithin the line of their duty under the author- ity and mandate of the municipal laws of the United States, and such seizure wi s adopted in good faith by the Govern- ment of the United States as an act to restrain a violation of their statutes. 2. The United States aver that, before, at the time of, ami •■^iter the seizure of the said vessel, the said vessel, her apparel, outfit and cargo, were wholly or \\i part the actual property of a citizen or ciiiy.ens o( the United States, and further that at the times aforesail the beneficial interest in the whole or a part of the said v( ssel, her apparel, outfit and cargo, were possessed and owned by a citizen or citizens of the United Staten and that her said voyage was entered upon and prosecuted, in whole or in part, for the benefit of a citizen or citizens of the United States. 3. As to some of the statements of detail and fact in para- graphs numbered 2, 3, and 4 in the said Claim of Her Britannic Majesty, the lepresentatives of the United States have no suflicicnt knowledge, and as to such of them as may be held material the United States invite and require authen- tic and suitable proofs before the High <'ommissione,"s. 4. The United States, in further reply, aver that the pros- ecution of the said scaling voyage, by the snid search aiul poi- zure was not wliolly lost to the owners of the "Black Dinmond" and others interested therein; that the claim nuide for such loss, as is alleged, is grossly excessive; and there was no other loss, damage and expense sufTc red and incurred by her owners and others interested in the said vessel, her cargo and voyage. 5. The United States do not admit any liability on thin Claim. 40 SO 60 SI (Claim No. 15.) REPLY OF HER BRITANNIC MAJESTY. nira Decfi'iber V, /«»«. 1. Her Britannic Majesty joins issue on paragraphs 1 and 4 of the reply of the United Slates, except in so far as they 10 contain admissions. 2. In further answer to the averments contained in said paragraph 1, Her Britannic Majesty submits that the same constitute no defence to Her Britannic Majesty's claim, or any part thereof. ;{. As to paragraph 2, Her Britannic Majesty says that the above named schooner was found by the Tribunal of Arbitra- tion at Paris to be a British vessel, and submits that it is not open to tlie Commissioners, acting under the Behring Sea Claims Convention, to inquire as to her ownership; the said 30 finding of facts being conclusive so far as this Commission is concerned. 4. And in the alternaiive and in further answer to said paragraph 2, Her Britannic Majesty submits that even if such inquiry can be entered upon, it should be limited to the question of actual ownership of the said vessel only, and that as between nations, and should not in any event extend as to the beneficial interest in the whole or a part of the ves- sel, her apparel, outfit and cargo, or as to whether her voyage was entered upon for the benefit of a citizen or citizens of the 3" ITnited States. 5. In further answer to said paragraph 2, Her Britannic Majesty denies each and every of IHe allegations of fact therein contained. fi. Her Britannic Majesty further subinits that according to the principles of international law, the practice obtaining among nations, and the terms of the Behring Sea Claims Con- vention, the allegations contained in the said Reply even if proved, do not constitute any defence to the Claim for com- 40 pensation set forth in the said Statement of ^'aim. IN THE MATTER OF THE Cl.AIM OF HER BEITANNIO MAJESTY ARISING OUT OF THE SEIZURE OF THE SCHOONER "LILY.' CLAIM No. 16. lO jriled Kovember 114, ISItO. 1. The "Lily" was a Biitisli si.boouer rcjuiatere 1 ut the port rf Victoiia. British (Jolumbij. 1'. Ou the I'Oth day of May, isst>, tlie "Lily" sailed from the port of N'ittoiia, British Columbia, bouud ou a sealing voyage to the North I'aeifie Ocean and Behriug Sea. ller mastia- was John Keilly and her mate was (ieorge McDonald; she carried u crew of twenty-eight sailors and hunters, and was 20 ^"'b' equipped for said voyage and for tin; hunting and cap- ture of seals. '3. On the (Jih day of August, 188'i, whilst in Behring Sea, in north latitude 55.20, and west longitude 16t).15, and dis tant about G(J miles from the nearest land, the United States revenue cutter "Hush'' overhauled the .said "Lily.'" The first lieutenant of the "Rush" then boarded the "Li"ly" and asked her master how many skins he had ou board. This informa tion was refu.sed, the master stating that he would not ac knowledge the right of the lieutenant to seize his vessel for 30 sealing on the high seas. The said li<'utenant then returned to the said cutter, and in a short time again came to the "Lily" accompanied by a second boat from the cutter in charge of the second lieutennit. Both the lieutenants then came on board the "Lily," and the first lieutenant demanded the sur- render of the schooner, asking at the same time for the schooner's papers. Tiiese the master of the "Lily" refnsed to grant, wherenpon tlie tlrst lieuti-nant informed him that unless he Immediately gav<; np the schooner'.** papers they would be taken by force. T'nder this threat the master of the "Lily" gave up the ship's papers. The men from the cutter then removed to the "Rush" all the seal skins tlien on board the "Lily," and also lier spi-ars and ;> quantity of salt, and. having taken llieso. tlie first lieulen:;n( directed the master of the "Lily'' to proceed to Sitka and (here deliver his schoon- er and himself up to the authorities of the T'nitod States of Amei'ica. The "Rusli'' then jiartcd '■oiiipany with the "Lily.'' 4. The Indian lnuiters refused to ]M'oceed to Sitka, and in order to avoid further trouble, the niMstcr directed (he course 50 of his schooner to Victoi'ia, aliandoiiing tlie furtlier prosecu tion of the voyage. 5. By reason of the premises (he furthei- jirosecution of the said sealing voyage during the yejir 18S!t was wholly prevent- ed, and all the seal skins, sjiears, salt, ship's papers and other articlffl! taken as aforesaid, were wholly lost to the owners thereof, and other persons interested therein, and other loss, damage and expense were suffered and in- curred by the owners and others interested in the said schoon- 60 er. her cargo and sealing voyage. fi. Under the facts as found in the Award of the Paris Tri- bunal of Arbitiat'Oii. the said ovei-hanliiig. boMnliiig. search- ing, seizures and other intei-ferences were without any war- rant or right according to the principles of iiitcMualional law and Her Britannic Afiijesty claims that fell and complete compensation should be made by (he Coverument of the 40 Tnited States (if .\merica to the Ciovt nic Majesty for all loss sustained thereby. iient of Her Britan liWu-' 53 (Chiiiii No. Ifi.) 7. The tlaini iiinlc for the loss iirisinii out of the premises is the sum of ^22,000, with interest from the date of loss at tlie rate of seven per centum per annum. 10 ANSWER OF THE UNITED STATES. fUed-hncrmltrr O, IHUii. 30 1. They admit tliat on or about August Gth, 1889, the "Lily" encountered the United States revenue cuttc-r "Kusli," who liailed and ordered her to heave to, which order was obeyed, and that thereupon the said "Lily" was boarded by a force from the "Kush" and the papers of the "Lily" were then and 20 there demanded and examined; that then and there the said force formally seized the '"Lily" and removed certain seal skins and arnu from the "Lily" to the "Kush," with instruc- tions from the comumnder of the "Kush" to deliver the said "Lily" to the United States authorities at Sitka, but that then and there the "Kush" departed, and the "Lily" refused to and did not recognize tlie seizure, but proceeded upon lier sealing voyage without further let or hindrance. But it is averred on the part of the United States that the said .seizure was made in good faith, by officers of the United States, within the line of their duty under the authority and mandate of the municipal laws of the United States, and such seizure was adopted in good faith by the Government of the United States as an act to restrain violation of the said statutes. 2. The United States aver that, before, at the time of, and after the said seizure of the said vessel, the said vessel, her ap- parel, outfit and cargo, were wholly or in part the actual pro- perty of a citizen or citizens of the United St£„tes, arid further 40 that at the times aforesaid the beneficial interest in the whole or a part of said vessel, her apparel, outfit and cargo, was possessed and owned by a citizen or citizens of the United States, and that her said voyage was entered upon and prosecuted, in whole or in part, for the benefit of a citi- zen or citizens of tlie United States. 3. As to some of the statements of detail and fact in para- graphs numberi.'d 2, 3, 4 and 5 in the said claim of Her Brit- annic Majesty, the representatives of the United States have no sufficient knowledge, and as to such of them as may be 50 held material the United States invite and require authentic and suitable proofs before the High Commissioners. •1. The United States, in further reply, aver that the prose- cution of the said scaling voyage, by said search and seizure, was not wholly lost to tlie owners of the "Lily," and others interested therein; that the claim made for sucii loss, as is alleged, is grossly excessive; and that there was no other loss, damage and expense suffered and incurred by her owners and others interested in the said vessel, her cargo and gQ voyage. 5. The United States do not admit any liability on this Glnim. 54 (Claim No. 16.) REPLY OF HEE BRITANNIC MAJESTY. MVea Betembrr 14, tHOit. 1. Her Britannic Majesty joins issue on paragraphs 1 and 4 of tlie Reply of the United States, except in so far as they contain udmiosions. 2. In further answer to the averments contained in said paragraph 1, Her Britannic Majesty submits that the same constitute no defence to Her Britannic Majesty's claim or any part thereof. 3. As to paragraph 2, Her Britannic Majesty says that the above-named schooner was found by the Tribunal of Arbitra- tion at Paris to be a British vessel, and submits that it is not open to the Commissioners, acting under the Behring Sea Claims Convention, to inquire as to her ownership; the said 2o finding of facts being conclusive so far as this Commission is concerned. 4. And in the alternative and in fuilher answer to said par- agraph 2, Her Britannic Majesty submits that even if such inquiry can be entered upon, it should be limited to the ques- tion of the actual ownership of the said vessel only, and that as between nations, and should not in any event extend as to the beneficial interest in the whole or a part of the vessel, her apparel, outfit and cargo; or as to whether her voyage was entered '.i]>on for the benefit of a citizen or citizens of 3° the United Stsites. 5. In further answer to said paragraph 2, Her Britannic Majesty denies each and every of the allegations of fact therein contained. 6. Her Britannic Majesty further submits that, according to the principles of international law, the practice obtaining among nations, and the terms of the Behring Sea Claims Convention, the alleg.itions contained in the said Reply, even if proved, do not constituto any defence to the Claim for com- .Q pensation set forth in the said Statement of Claim. ;l il.jr 55 IN THE MATTER OF TUE CLAIM OF HER BRITANNIO MAJESTY ARISING OUT OF THE SEIZURE OF THE SCHOONER "AJINNIE." CLAIM No. 17. rtua Kovember »S, 1890. to 1. The "Minnie" was a Britisli scliooner registered at the port of Victoria, British Columbia. 2. On or about the 1st day of May, 1881), the "Minnie" sailed from Victoria, British Columbia, bound on a sealing voyage to the North Pacific Ocean and Bchring Sea. Her master was Victor Jacobson, and she carried a crew of twenty-one Siiilors and hunters, and was fully equipped for said voyage and for the hunting and capture of seals. 2Q 3. At the time of tlie seizure in the next paragraph men- tioned, the "Minnie" was about (5.5 miles northwest by west of I'nimak Pass, and about: that distance from Unimak Island, the nearest land. 4. On the 15th day of July, 1881), the "Minnie" encountered the ITnited States revenue cutter "Rush," who hailed and ordered her to heave to, which was done, and thereupon a boat was sent from the "Rush" containing two otticers and twelve men. One of the officers and five or six of the men came on board the "Minnie," and the officers demanded from ■ 30 the nuister of the "Minnie" the ship's papers, which were iianded to him. Upon receiving those he proceeded back to the "Rush," and in a short time returned and informed the master of the "Minnie" tliat lie would take all the seal skins, seize the "Minnie" and send her to Sitka in charge of a man from the "Ru.sh." Having given this notice, he caused the hatches of the "Minnie" to be opened, and took all the seal skins then on board, also the arms, both guns and spears, and sent them on board the said cutter. He also took a consider- 40 able quantity of salt. 5. After having removed the aforementioned articles from the "Minnie," a man from the cutter was placed on board, and the master was informed that this man would take charge of the vessel, except navigating her, and take her to Sitka. The man placed on board was furnished with written instructions from the commander of the "Rush," directing him to deliver tlie "Minnie" to the United States authorities a( Sitka and place the master and mate under arrest. (i. The master of the "Minnie" did not obey the orders thus 5° given by the officer of the "Rush," but, fearing that he might iigain be seized, he proceeded to another part of Behring Sea, where the opportunity to kill seals was not nearly so good as in that part where he was when seized. 7. By reason of the premises the further prosecution of the said sealing voyage during the latter part of the year 1889 was greatly interfered with, and the seal skins, guns, spears, salt, ship's papers, and other articles taken as aforesaid, were wholly lost to the owners and others interested therein, and 60 other loss, damage and expense wi;re suffered and incurred by the owner and others interested in the said vessel, her cargo and sealing voj'age. 8. Under th-' facts as found in the Award of the Paris Tri- bunal of Arbitration, the said boarding, search and seizure wi're without any warrant or right according to the princi- ples of international law, and Her Britannic Majesty claims that full and complete compensation should be made by the Government of the United States of America to the Govern- 56 (Claim No. 17.) nuMit of Ilpr Krittiniiic Majesty for all loss sustained tlioreby. !». The claim made for the losts arising ont of the premises is the sum of !f22,()(K), and interest thereon from the date of loss at the rate of seven per centum per annum. lO ANSWER OF THE UNITED STATES. tHled lieeembur 1, tHOtt. 20 30 40 5° 60 1. They admit that on or about July 15, 1889, the "Minnie" encountered the United States revenue cutter "Eusli," who hailed and ordered her to heave to, which order was obeyed, and that thereupon the said "Minnie" was boarded by a force from the "Rush," and the papers of the "Minnie" were then and there demanded and examined; that then and tiiere the said force formally seized the "Minnie" and removed certain seal skins and arms from the "Minnie" to the "Rush," and that the said "Rush" placed on board the "Minnie" a man from the "Rush," with instructions from the commander of the "Rush" to deliver the said "Minnie" to the United States authorities at Sitka, but that then and there the "Rush" de- parted and the "Minnie" refused to and did not rec- ognize the seizure, but proceeded upon her seal- ing voyage without further let or hindrance. But it is averred on the part of the United States that the said seizure was made in good faith, by officers of the United States, within tlie line of their duty under the authority and mandate of tlie municipal laws of the United States, and such seizure was udo])ted in good faith by tlie Government of tlie United States as an act to restrain a violation of their statutes. 2. The United States aver that before, at the time of, and af- ter the seizure of the said ves.sel, the said vessel, her apparel, outfit and cargo, were wholly or in part the actual property of a citizen or citizens of the United States, and further that at the limes aforesaid tlie beneficial interest in the whole or a part of the said vessel, her apparel, outfit and cargo, was possessed and owned by a citizen or citizens of tlie United States, and that her said voyage was entered upon and prosecuted, in whole or in part, for the benefit of a citizen or citizens of the United States. 3. As to some of the statements of detail and fact in para- graphs numbcied 2, 3, 4, 5, 6 and 7 in the said Claim of Her Itritannic Majesty, the representatives of the United States have no snflicieut knowledge, and as to such of tlicm as may lie held material i OK lIKIt BRITANNIC MAJESTY ARIHINO I- "MM THE WARNING FROM BEURIXG HEA OF THE SCHOONER "TRIUMPH." CLAIM No. 18. FlUa Iforrmber »a, J«»0. lO 20 30 1. The "Triumph" was a British schooner registered at the Port of Victoria, British Coluiiibia. 2. Ou or about the 2utli day of April, 188l>, tlie "Triumph" sailed from Victoria, Britisli (Columbia, bound on a sealing vojaKe to the North I'at-iHt! Ocean and Behrin^r Sea. Her master was Daniel McLean; and Mhe carried i\ sliip's caiiien- ter. gunner, steward, eight iiunterw, seventeen abl(>-bodied seamen and two appwntices, and was fully equipp*"*! for said voyage and for the liunting and capture of seals. .3. On the 11th day of July, 188!), whilst in Behring Sea. and outside of territorial water, the "Triumph" was hove to and boarded by Lieutenant Tuttle, of the United States revenue cutter "Rush," who searched the vessel, examined the ship's papers; orderi'd the master to take the vessel out of Behring Sea, and threatened to confiscate the scliooner and her cargo if she was cnuglit in the act of killing seals or having mnils on board after having been warned. 4. Bj' reason of the order given and threats made use of by the said officer, and fearing and liaving reason to fear and be- lieve that if he persisted in hunting seals in Behring Sea his vessel would actually be seized, and himself and mate arrest- ed the master of tlio "Triumph" abandi>mKl liis voyage and returned to Victoria, witliout liaving taken or attempted to take, any seal skins after having been threatened as afore said. 5. By reason of the premises tlie further prosecution of the said sealing voyage during the year 1889 was wholly prevent- ed, and other loss, damage and expense were suffered and in- 40 curi*ed by the owner and others interested in the said schoon- er, her cargo and sealing voyage. 6. Under the facts as found in the Awnrd of the Paris Tri- bunal of Arbitration, the said search, order to leave Behring Sea and threat of seizure were without any warrant or right according to the principles of International law, and Her Britannic Majesty claims that full ard complete compensa- tion should be made by the Governmc'nt of the United States of America to the Government of Her Britannic Majesty for all loss thereby sustained. 7. The claim made for '.he loss arising out of the premises is the sum of |25,000, with interest from date of loss at the rate of seven per centum per annum. 50 60 ANSWER OP THE UNITED STATES. filed Iteeember 1, ISMS 1. They admit that on or about July 11th, 1889, at a posi- tion the exact location of which is not known, the "Triumph" was hailed by the I'nited States revenue cutter "Rush" and warned to cease scaling in Behring Sea, and that the "Rush" was a public armed vessel of the United States, acting under the instructions of that Govern- me' t to seize all vessels engaged in killing fur seal in Behr- ,1 ii«^'. 10 59 (Claim No. IS.) lug Hea, after giviug due notice, aud that the "Triumph," when 80 waiued or notified, was engaged in fur sealing or prosecuting a voyage for that purpose, and that the action of the said "Kush" in so warning and notifying the said "Tri- umph," was adopted by the QoTernment of the United States. But it is averred on the part of the United States that tlie said warning and notice were given in good faith, by ofll- fors of the United States, within the line of their duty under tlie mandate of the municipal laws of the United States, and such warning and notice were adopted in good faith by the Oovornment of the United States as an act lo restrain a vio- lation of their statutes. 2. Tlie United States aver that before, at the time of, and ifter the saio warning and notice to the said vev sel, the saiil vesnel, her ajjpniel, outfit and cargo, were wholly or -n pnrt the actual property of a citizen or citizens of the United States, and further that at times aforesaid the beneficial interest in the whole or a part of the said vessel, her apjiarel, oiilflt and cargo, was possessed and owned by a citizen or citizens of the Tlnited Slates, and that her said voyage was entered upon and prose- cuted, in whole or in i)art, for the benefit of a citizen or citi- zens of the United States. a. As to some of the statements of detail and fact in para- graphs numbered 2, .S, 4 and 5 in the said Claim of Her Brit- annic Majesty, the reiircscniatives of the United States have no snfflcient knowliMlfje, and as to such of them as may be held material the T'nited States invite and require suitable authentic proofs before tlie High Commissioners. 4. The United States further reply, as to paragraph num- bered .T or said Claim, that the said sealing voyage of the "Triumph" was not wholly prevented by the said warning and notice, and that no loss or damage was suffered by those in- terested in the said voyage and the said schooner. 5. The United States do not admit any liabilitv on this 40 Claim. 20 30 REPLY OP HER BRITANNIC MAJESTY. SO 60 /■'Iffrf llrfimliff tf, IHOfi. 1. Her Biitannic Majesty joins issue on paragraphs 1 and 4 of the Reply of the United States, except in so far as they contain admissions. 2. In further answer to the averments contained in said paragraph 1, Her Britannic Majesty submits that the same constitutes no defence to Her Britannic Majesty's Claim, or any part thereof. 3. As to paragraph 2, Her Britannic Majesty siiys that the above-named schooner was found by the Tribunal of Arbitra- tion at Paris to be a British vessel, and submits that it is not open to the Commissioners, acting under the Behring Sea Claims Convention, to inquire as to her ownership; the said finding of facts being conclusive so far as this Commission is concerned. 4. And in the alternative, and in further answer to said par- agraph 2, Her Britannic Majesty submits that even if such inquiry can be entered upon, it should be limited to the ques- tion of the actual ownership of the said vessel only, and that 60 lO (Clulin \<>, IH.) iiH hctwcon nntioiiR, iinti hIiouUI not in uny vvi'ut t'Xtcnd na to (he bcuefleinl iuteri'Bt in the whole or a pnrt of the vesHel, her nppnrel, outfit and cargo; or ns to whether her voynge wns entered npon for the benefit of n citizen or citizens of the United States. 5. In furtlier unnwer fo miid panigrapli 2, Her Iti-itaniilc MnjeRty denies each and every of the ailegations of fact tliercin contained. 6. Her Hritannic Majenty further subniitH tliat, .iceordinR to the principles of internationai law. the practice obtaining nmong nations, and the terms of the Behring Sea Claims Con- vention, the allegations contained in the said Reply, even if pi-ove*!, do not constitute any defence to the Claim for com- pensation set forth in the said Statement of Claim. I ji,ij-. Ci >iid ns Vl'BHCl, royago ean of tannic r fnct )i"(liin» tilling J Con- ven If ' com- IN THE MATTER OP TUK CLAIM OF HER BRITANNIC MA.IKHTV AUISINCJ OUT OF THE HJ-KUAL INTER- FEKEN<;E WITH THE 8CHOONEU "ARIEL." OLAIM.No. 19. flirt Kamntbrr !t4, ISIht. lO 20 30 4'-' 50 1. The "Ariul'' wuh a BritiHli acLuouer regiuteied at the port of Victui-iu, Brititth Columbia. 2. Ou or about tin- 11th day of February, 188!), the "Ailel"' HailiNi from the |M)rt of Victoria, nritisli Columbia, bound on a Healing voyage to tlie North I'aiilir Ocean and BehrinK Hea. Her nuiHter wa« Samuel W. Hiuknam; her mate was Herman Hmith. Hiie carried a crew of twenty-two sailorH and liunterH, and wan fully equipped for Haid voynRe and for tile liiintinK and captun* of NonlH. :{. On the .'{0th day of July. 188!), wliile the "Ariel" wuh in Behrinjt Sea, about 40 niiloB from tlie nearent land, the Unit- ed States revenue i utter "RuhIi" came nlon^Hide the Haid HclKMiner, and nhe was boarded by three olflcerH from the Haid cutter. The said officers examined and Hearclicd the ".\riel," and aslitHl tli,' number of the crew and the date when the schooner entered the Sea; also the number of seal skins then on board; and. liavinp done this, they warned and threat- ened tlie master of the "Ariel" that if he was caught taking seals, or with fresh seal skiiiK on board, lis schooner would Ik? 8«Mzed and he and his mate placed under arrest. They then left the ".\ri"l." On account of the ihrents so mad" as aforesaid the m.'ister of the "Ariel" sailed for one of th(f passes leadins out of Behrinp Sea. 4. By reason of the premises the prosecution of the said seiiling voyapp during; the latter part of the year 1889 was fjreatly interfered with, and other loss, damaf^e and expense were suffered and incurred by the owner and others interest- ed in the said schooner, her cargo and sealing voyage. ^. TTnder the facts as found in the Award of the Paris Tri- bunal of Arbitration the searching of the said vessel, and the ordering her out of Behring Sea under threat of seizure as aforesaid, were without any warrant or right according to the principles of International law, and Her Britannic clnin;s that full and complete compensation should be made by the fJovernment of the United States of America to the Govern- ment of Her Britannic Majesty for all loss sustained thereby. 0. The claim made for the loss arising out of the premises is the sum of If 12.00(1, with interest thereon from the date of loss at the rate of seven per centum per annum. ANSWER OF THE UNITED STATES. 60 Fited Drermher 9, 18»«. 1. They admit that on or about July 30th, 1889, at a dis- tance of about forty miles fi-om the nearest land, the ".\riel" was hailed by the United States revenue cutter "Rush" and warned to cease senling in Bering Sea and ordered to leave Bering Sea, and that the "Rush" was a public, armed vessel of the United States, acting under the instnictions of that Government to seixe all vessels engaged in killing fur seal m 62 (Claim No. 19.) in Bering Sea. after giving due notice, and that the "Ariel" when so warned and notified \va.s engaged in fur sealing or prosecuiing a vo.yage for that puriiose, and that the action of the said "Uiish" in warning and rioiifyiiig Ihe said "Ariel" was adopted by thc^ Government of fiie United States. But it is averred on tlie i)art of llie T'nited States, that the said warning and notice were given in good faiUi by officers of 10 the United States, within the line of their duty, under the authority and mandate of tlie municipal laws of the TJnited States, and sudi warning and notice were adopted in good faith by the Government of the Ignited Stites as an act to restrain a violation of their statutes. 2. The United States aver that before, at the time of, and after tlie said warning and notice to the said vessel, the said vessel, her apparel, outfit and cargo wen* wholly or in part the actual property of a citizen or citizens of the T'^nited States, and further thai at file times aforesaid the beneficial interest ^° in the whole or a parf of the said vessel, her apparel, outfit and cargo, was possessed and owned Vy a citizen or citizens of the United States, and that her sr.ui voyage was entered upon and prosecuted, in whole or in part, for the benefit of a citi- zen or citizens of the United States. 3. As to some of the statements of detail and fact in para- graphs numb.^rcd 2, 3, and 4 in the said claim of Her Bri- tannic Majesty, the representatives of the United States have no sufficient knowledge, and as to such of them as may *o h« hPl<^ material the United States invite and require suita- ble, authentic proof before the High Commissioners. 4. The TTnited States further reply, as to paragraph num- bered 4 of said claim, that the said sealinar voyage of the "Ariel" was not wholly prevented by the said warning and notice, and that no loss or damage was suffered by those interested in the said voyage and the said schooner. 6. The United States further reply that they are not liable for any snm in the premises. 40 REPLY OF HER BRITANNIC MAJESTY. Sited December O, 1890. SO 1. Her Britannic Majesty joins issue on paragraphs 1 and 4 of the Reply of the United States, except in so far aa they contain admissions. 2. In further answer to the averments contained in said paragraph 1, Her Britannic Majesty submits that the same constitute no defence to Her Britannic Majesty's Claim, or any part thercof. 3. As to paragraph 2, Her Britannic Majesty says that the above-named schooner was found by the Tribunal of Arbitra- tion at Paris to be a British vessel, and submits that it is not 6o open to the Commissioners, acting under the Behring Sea Claims Convention, to inquire aa to her ownership; the said finding of facts being conclusive so far as this Commission is concerned. 4. And in the alternafive and in further answer to said pararrraph 2, Iler Britannic Majesty submits that, even if Riu'li inquiry can be entered upon, it should be limited to the (question of the actual ownerslilp of tlie paid vessel, only, and that as between naf loi », and should not in any event extend (' )L.J ■ (O 65 (Claim No. 19.) as to the beneficial interest in the whole or a part of the ves- sel, her apparel, outfit and cargo; or as to whether her voyage was entert'il upon for the benefit of a citizen or citizens of the United States. 5. In furtlier answer to said paragraph 2, Her Britannio Majesty denies each and every of the allegations of fact there- in contained. 6. Hep Britannic Majesty further submits that, according to the principles of international law, the practice obtaining amonar nations, and the terms of the Behring Sea Claims Con vention, the allegations contained in the said Reply, even. if proved, do not constitute any defence to the Claim for com- pensation set forth ?n th-> said Statement of Claim. 64 IN THE MATTER OF THE CLAIM OF ITER BRITANNIC MAJESTY ARISING OUT OF THE ILLEGAL INTER- FERENCE WITH THE SCHOONER "KATE." CLAIM No. 20. lO 20 30 40 SO filed yovrmber -JS, tSOtt. 1. The ''Kat bv the officer of the cutter "Rush" as aforesaid were without any warrant or ricfht accordiiiL' to the principles of international law, and Her Rritannic Majesty claims that full and complete com pensation should be made by the "Kate" was not wholly prevented by the said warning and notice, and thiit no loss or datiiage was sutfered by those in- terested in the said voyage and the said schooner. 6. The United States further reply that they are not liable for any sum in the premises. 20 40 fiEPLY OF HER BRITANNIC MAJESTY. t'Ued December It, tSOO. __ 1. Her Britannic Majesty joins issue on paragraphs 1 and ^ 4 of the Reply of the United States, except in so far as they contain attmissions. 2. In furlhei answer to the averments contained in said paragraph I, Her Britannic Majesty submits that the same constitute no defence to Her Britiinnic Majesty's claim, or any part thereof. .^. .Vs to paragfaj)li 2. Her Hiitannic Majesty says that th > abovenamed sdicMtner was found by the Tribunal of Arbi- traticm at Paris to be a Britisli vessel, and suluuils that it is 60 not open to the »%iinmissioners, acting under the Hehriiig Sea Chiinis, Convention, to impiire as to her ownership, the said findings of fa"(s being c(ni(lnsive so far as lliis Commission is concerned. 4. And in the alternalivc and in furttier answer to said paragrajih 2, Her Britannic Majesty submits that, even if such inquiry can be «>ntered u)>on. it should b(> limited to the question of actual ownershii» of the siiid vessel only, and that as between nations, and should not in any event extend as to 5 l'n|'7ll:IBl«^ '11 'jl'l lf«^ 66 (Claim No. 20.) the beneficial interest in the wliole or a part of the vessel, liei- apparel, outfit and cargo, or as to whether her voyage was entered upon for the benefit of u citizen or citizens of the United States. 5. In further answer to said paragraph 2, Her Britannic Majesty denies each ajd every of the alle-^ations of fact there- in contained. G. Her Britannic Majesty further submits that, according to the principles of international law, the practice obtaining among nations, and the terms of the Bchring Sea Claims Con- vention, the allegations contained in the said Reply, even if proved, do not consritute any defence to the CKiim for com- pensation set forth in the said Statement of Claim. /W: 67 IN THE MATTER OF THE CLAIM OF HER BRITANNIO MAJESTY AlUSING OUT OF THE SEIZURE OF THE S0HUO>KR "I'ATUFINDER." CLAIM No. 21. filed Xovrmber XS, 0190. 10 20 30 1. The "ratlifluder" was a British schoouer registered at tile i»oit of Victoria, British Columbia. •2. Oil or about the 17th day of Jauuaiy, 18!)0, the "I'ath- tinder" sail»?d from the port of Vietmia, British Columbia, bound on a sealinfi voyage to the Pacitic Coast south of \'an- eouvcr Island. Her master was Captain Morgan and her mate was .V. Rejipen, and she carried a crew of twenty sailors and hunters, and was fully e»iuipped for the said voyage and for the hunting and capture of sealii. .*?. On or about the 8th day of February. LSltO. the "Path- linder" leturned to Victoria for re|)airs, and again sailed on her sealing voyage about the 12th day of February. 1S!»0. be- ing then eqtiipped and manned as aforesaid. 4. On or about the 28rd day of March. 1,S!»0. when otf Cape Flattery, tlie "Pathtinder" dicountered a stoini and beciime partially disalilcd by the breaking of her tiller baud, and was forced to find shelter in the nearest liaibour, which was Neah Bay, in the State of W'i'.shington, United States of America, distant tibout nine miles from Cape Flattery. She anchored in Neah Bay on the I'lith day of March, ISOt). 5. On tlie 27th day of March, while lying in the sanu' bay, undergoing iv|:airs. an officer of tlie United Slates revenue cutter "Col win" boarded the "I'atlitlnder"' and asked for the shi]»"s j)apers, which were lianded to and inspected by him. The mastiT of the "Pathfinder" tlien asked the oHicer wheth er the pajx'rs were in order, to which the latter replied that he would report to I he commander. Xext morning tlH> com- mander of the cutter sent an officer on board the ''Pathfinder'' with a re cutter ins]iected the sliii)"s pajters, and after doing so lie said that he recogni/.ed the 'Talhflnder'' as a vessel wliich had been seized the year before, ami that it was his duty to detain her. as the law must be mainfaiiied. The commander of the cutter then ordered the master of the schooner lo heave tlie anchor of the "Pathfinder," saying that he would take the schoiuier to the neai'cst telegraph station, Port Angeles. The master of the ''Pathfinder" protested 50 against being removed, and declined to hoist anchor, where upon tlie cominandfr of the "Corwin" replied that if he did not lioist his anchor men from the cutter would be sent to do so. Upon this tlie master of the "Pathfinder,'' not being able to further resist, w<'nt on board his vessel and ordered the anchor to be hoisted, when the "I'athfinder" was taken In tow bv the cutter and taken to Port Townsend. «. On arrival at Port Townsend two officers from the cutter were placed on board the "I'athfinder," and remained ia charge of her until she w.'is released, on the 2»th day of March, 1890. ^ , ^^„ ^, 7. By reason of the said seizure and detention of the ' 1 atli- finder" her owners lost almost a week of the best period of the spring sealing. . . 8. Under the facts as found in the Award of the Pans Tn bunnl of Arbitration the said boarding, seizure, removal and detention of the said schooner were without any warrant or right according to the principles of international law, and Her 40 60 ^ 68 (Claim yo. 21.) Britannic Majosty claims tliat full and complote compensation should be made by the Government of the United States of America to the Government of Her Britannic Majesty for all loss sustained thereby. 9. The claim inade for the loss arising out of the premises is the sum of ?2.(IO!t, with interest from the date of loss at the rate of seven per centum per annum. 10 ANSWER OF THE UNITED STATES. Filed Uvermbrr 30, f SOA. 20 30 40 SO 1. They have no sufficient knowledge or information from which they can either admit or deny the aihgations of fact set out in the first six parafiraphs of the Claim of the British Government, except as hereinafter set forth, and as to the other alleijatious of fact conl-nined in the said six paragraphs, so far as any of the same are material, the United States in- vite and i-equire suitable and autlientic proofs. 2. That on or about the 27th day of llarch, ISOd, in Neah Bay, within the territory and within the jurisdiction of the United States, the said schooner was boarded by Ihe United States revenue cutter "Corwin." and thnt the said schooner was detained within the jurisdiction of the United States l)y the said "Uorwin" until some time on the day following. 3. The T'nit"d States aver that the boarding and detenti(»n of the said scIu>oner l)y the officers of the said "Corwin" were had and done by viitue of the laws of the T'nited States and in entire accord with their duties under said laws and in good faith, iuid thai; said schooner was thereby detained only for such time as was necessary to enable the said officers of the said "Oorwin." in tlie performance of their said duty, to com- municate by the quickest means of communication with their Government. 4. The T^nited States aver that in and by the said state ment of claim of th" British Government, no proper claim for compensjition is presented to the High Commissioners, within and under the Convention aforesaid; and they aver that this claim, as pres.mted, is not within the puiview of the Award of the Paris Tribunal of .\rbitration, or a claim of liability against the T^nited States within the meaning of the sait! Convention. ^. The T^nito. liU.) !». Af(«'i' liiivinj,' Im'cii dctiiiiu'd for some liint- :il Ouiiiilaskji r.nd Milkii iim iitorcsaid Hie ciiptaiii of tin.' "Henrietta" return- ed to Victoria, Britii^li Columbia, fntiii wlience lie had again to proceed to HitlvU in July, 1S93, iu connection willi the HaJd schooner, and leniain there until the latter pari of .lanuarv. 18!)4, at considerable cost and expense to hinisidf, the said schooner and her owners. 10 !'•. After the release and delivery over to him of the said schooner as aforesaid, hei said captain found her entirely de plelcd of crew, out fit and provisions. He had to sell and m4, as other- wise they would luivc done; and other loss, damage and ex- ])ense were sntt'ered and in< nrred by the owners of and othei persons interested in the said schooner, her outfit, cargo and sealing voyag\'S. 1;?. The sevt ral acts on the part of the authrities of the fiovernment or the United States of America, hereinbefore set forth, weie illegal and unwarranted by the principles of International law, and Her Britannic Majesty claims that full and complete compensation should be made by the (Jov- ernment of the I'liitt d States of America to (he Cxovernment of Her Britannic Majesty for all loss? snstiiined thereby. 14. The claim for the !oss arising out c/f all the said illegal acts hereinbefore set forth, is the sum of ^?.fl,0(i(), with in- terest from date of loss at the rate of seven per centum per iMinnm. 15. Her Britannic Majesty further declares that, although the claim hereinbefore ,-Jet out is made on the basis of the vessel having been returned t.) her owners in the year 1894, 40 nevertheless, as an alternative to the United States Govern- ment of \merica, she is willing ,ind hereby offers to accept compensation in the premises on the basis of the toatl loss of the said schooner, her outfit and cargo to the owners thereof and other persons interested therein, and of their having been deprived of the use of the said schooner up to the year 1804; in whicli case her Britannic Majesty likewise claims the sum of $30,000 and intere,st as aforesaid. 30 SO ANSWER OP THE UNITED STATES. I^Uci neeetnlier HO, tSOO. 1. Tliey admit tiiat the said "Hcnrietia" was registered as 60 a Briti.sh schooner at he Port of Victoria, Hritisli ("ohimbia. 2. They iia\<' no knowledge or information snfticient t(» enable tliem to a«hiiil (»r (h-ny the allegations of fact stated in paragraph 2 of the (Maim of (ireat Britain, and as to such of them as nmy be material the United States i.,vi<(> and re- quire authentic proofs before the High Pommissioners. rinh,Ti7tM "'"/'": *'"/' '""•'=^"'' '■" !'"'-''«'"I»l' :{ of the said Claim to this ..xtent only; (he dat,> of the seizure, the place (iiiwk 7' 30 (Cliiiin No. I'-'.l uf m'izure Hn<) the futt of si-iztiie bv llii- ('ailed HtatoH uliip "Vorktowu.' Am tu tlie rt>iutiiniu(; alU'gtitioUH toutuiued iu BJiid piirngrnph 3, tlie United Slutt's have not sufficient know- led^e or information on which (o admit or deny the Bani", and a8 to tliem they invite and require Hiiitnble and authentic jiroofs. 4. They admit the allegationg of fact in jmrapraph 4 of tlie lO said Claim. 5. They admit that the said selioon<*r was taken under the authority and direction of the T^niled States to Sitka and that she was there placed in charge of the United States au- thorities, and that at their instance the said schooner, her outfit and carpo. were libelled in the T^nited States District Court of Alaska for an alleged breach of the revenue laws of the United States of America. 0. They deny the imprisonment of ihe master, mate, and 2Q crew, but admit all the other allegations of fact in paragraph of said Claim. 7. They deny the allegations of fact contained in paragraph 7 of said Claim. 8. They deny the allegations of fact contained in paragraph S of said Claim. 1>. Having no siitticient knowledge or information for the purpose, they neither admit nor deny the allegations of fact contained in paragraphs !), 10 and 12 of said Claim, and as to such of Ihem as may be material the United States invite and re<|uire autlientic and suitable proofs before the High Com- missioners. 10. It is averred on the part of the United States that the said seizure wa.s made in good faith by officers of the United Staets within the line of their duty and by authority and mandate of the municipal laws of the United Staets for vio- lation of the statutes of the United States; and they aver that the master and owners of said ship appeared in the said District Court of Alaska, which was in such capes a court of 40 general jurisdiction in and for the United States, pleaded therein and submitted fully to (he jurisdiction thereof in the premises. 11. The United States aver that before, at the time of, and after the said seizure of the said vessel, the said vessel, her apparel, outfit and cargo, were wholly or in part the actual property of a citizen or citizens of the United States, and fur- ther that at the times aforesaid tlie beneficial interest in the whole or a part of said vessel, her apparel, outfit and cargo, was possessLHl and owned by a citizen or citizens of the United States, and tliat her said voyage was entered upon and prosecuted, in whole or in part, for the benefit of a citizen or citizens of the United Staets. 12. The United States submit to the High Commissioners that by reason of tlie premises, if the United States are liable at all, they are liable only for the value of such prop- erty as was lost to the owners by the seizure and detention of the said schoon'T, for the damage to such property from such seizure and detention, as was restored to the owners, and for the market value of the use of chartri* of a like ship ruding the time of detention. And they submit that in any event the damages claime dby the British ftovernment are of the nature of iirospective profits and speculative damages, so uncertain as to form n'^ h^trM. ennitable or suitable basis for a finding of fart upon which an assessment thereof can be predicated. 13. That the damjjges claimed are grossly excessive. 50 60 '■ it m. If Ilii' s^p » /T*" 30 IN THE MATTEK OF THE CLAIM OF IIEK HUITAKNIO MA.IEHTY AKIKIXO OCT OF THE HEIZIthe qf THE HCHOONEU "OHOAH ANU HATTIE." OLAIM No. 23 t'tltm Nommhrr Hit, IgUH. 10 1. The "OtCiir and Hal lie" was a IJiitish sclioouei- reeister- ed at the Port of Victoria, Lritish Columbia. . 2 On 01 about tlii' ISlh da.v of Fobi'uary, 18!»2, the '<08cai- and Hiitiio, of which Thomas Turtle was master, sailed for Ih.. i)ort of ^ aciuina, in tiie Stale of Oregon, b(mnd for a seal- ing voyage In I he Xorlh I'aciflc Oc.an. She carried a crew of sailors and hunters and was fully equiuued for said voyage. ^ 1 f f ."{. The schooner continued sealing in Ihc North Pacific 20 Omin, and outside the limits of Behring Sea, up to the latter part of August. 1,H!>2, when. b<-con;ing short of water, and prepared to give up sealing for the season, the schooner wan put about with the object of proceeding direct to Victoria which was lutv home port. 4. For the jmrpose of taking in sufficient water for the trip to \lclori:i, and for no (tther i)uipose, the schooner was compelled to, and did, put into Gotzh-b Harbour, wiiich i« situate on the nortliorn side of Attn Island, the western island of the Aleutian group. The weatlier was so stoimv ihafc the s(!hooaer was unable to take in a supply of water "on the southern side of the I.shiud, as sh.' otherwise would have done, and thus have avoided entering Mehring Sea at all. 5. On the .'{(Mh day oard of her. at the instance of Her Majesty the ciuee'i, in tlie Exchetiuer Court of Canada, British Columbia Admiralty Division, for condemnation lor a breach of the terms of the said modus Vivendi of 18!H, and for contravention of "The Seal Fishery (Behring's Sea) Act, 1H!>1." M. This cau,se was tried at the City of Victoria. British Col- nmbia. and resulted in a decree being granted by the said court on the Hth day of September. 1S9.1, condemning the said schooner, her e(iuij)ment and ev(>rything on board thereof, as forfeited to H"r Majesty for contravention of the said Act. 9. Against this decree an apjieal was taken to the Supreme 40 SO 60 '0 Liju*kL* 73 lo 20 30 (I'laiiii No. L':'>.) Court of <'iiii;i(lii, iikJ 011 llic U'Otli hriiig Sea was ' lie necessitv of proenrinj; a sutticient sujtply of water to taki' licr to Victoria. 12. It was also proved, as the fact was. that tlu' coninutnd- er of the rnitt'd Slates ship "M.diiean," at the time lie made the seizure, knew, and had KOod reason to know, that the rea- son why the "Oscar and Hattie" was within the Itehriug Sea at tlu' time sIh' w;is seized was lo obtain watei'. and he had no reasonable fjrouiid for supjiosin"; that .-ihe had been en- Kaf.;ed, or intended to engage, in seal Ashing in the prohibited waters. l.'{. The decree of condemnation :igainst he said ''Oscar and Hallie," her cargo ami ouKit.-havinf.' been reversed. Her Urit- tanic Majt»sty claims that the damages should be paid by the Oovei-nment of the Tnited Stales for the loss, damage and expense sntTered and incnri'cd by reason of the premises. 14. Tile claim made for the loss arising out of the premisi-s is th(> sum of »12,00l) aud interest from the date of loss at II. <• rate of seven jier coTitum per annum. 40 ANSWER OP THE UNITED STATES. Filiil nrri-mhri- I, IHUIt. 50 60 1. Without admitting to be true any statement of fact set out and spt cititnl in thtr said (JIaiiu numbered 2!$, the Oovern- meiit of the I'nited States insists that ller Majesty's Govern- ment is not entitled to claim com))eusation by virtue of the Convention under which the High CommissionerH are pro- ceeding for any cause stated in said Claim numbered 2:5, aris- ing out of the seizuie of the S( hooner "Oscar and Hattie," for th"' reasou that it ai)pM iivcr Unit the hv'v/.uvc and (l<>t«'iitioii of Maid MtUooiiL-r bv iliu (uitt-d Htatcs, iifter tliu fact and afttT till- Haid srliooiitT had paHHiMl fioiii tlic niNtudy of tlii' Uiiitt>d StatcH to tliut uf Oivat Hritniii, iti Htrict accordniiro witli Hnid aii:r*-(>iii(>ut hi'twiM'ii t)i(> iiatioiiH, waH found by tlH> Jiidttnit'iit of till? ConrtH of Hit Majt'wly liavlnft jiiriMdirtion in tliat bi- lialf, to liavi' bi'i-n lind and niadi- on :i ]irinia farii* raHi> and on rfaHonabli> and probabli- ranHO. .'t. Till' rnltfd Htatt'M do not admit any liability on tliiii rlaini. ■5 IN TIIK M ATTKK uK Till-: «'I.AI.M Ol' UKli MHITANNIC MA.IKKTV AHIHINd Ol'T OF THE HEIZUUE OF TUP HCHOONKK "WIMFKEU." CLAIM No. 24 rtlril Aiirrmbrr 'ill, IH»9. 10 1. The "VViuifrod" wn» a BritiHh schouner, registeri'd at thu I'ui't uf Victuria, BiitiHh Coluiiibiu. 2. lu tlic «>arly part of the m-UKoii of 181)2, thu "Wluificd" Hailed fi-um tli*' I'urt of \'ioloria, UritiHli Columbia, bound un a Healing voyai^e (o tlie North Patitte Ocrean. iler muHter waH Captain llanneu, and hIio carried a crew of twolve Hailor^ii and hunters- iind wan fiill^' e<|uipped for the wnid vo.vaK*'; and for t:ie liiintin^ aniere seized on a charge of violating the revenue laws of tho TTnited States, and thereujion the said "Winifred" wig duly libeled in the said District Court of the ^w 76 (Chiiiii No. 21. I ■ 11 i fed SliilcH V8. til' (pliart'l, tiu'iiiliuv mid 20 United Stales hi a ease eiililled "Tin seliooner 'Wiuilred." her txtats, ta;kle ear{j;o;" that ilu-re'ifter tlie masters and owners of the said "Winifred" appeared in (he said District Com-t, in said eause. and tiled answers on the merits and fnll.v submitted to the jurisdiction of said court in said cause; tliat on tlie issue so joined the said niasler and owners were represented bv coun 10 Hel and testimony were talieu (liereon, and (hat after pro- (•(H'dinKS were daly liad and after due notice of liearing, the said issue wa-i l)rou};lit on for (rial, and trial was duly had, and .ifterwards a di cree of forfeit ur<' or condemnation of tlie said "Winifred," her boats, tackle, apjtarel, furniture and carfjo, was diily entered by the said court, and tlia( in and by said decree i( was jn'ovided that unless ;>n ai>peal should be taken from said decision, within the time jiresciilu'd by law ;ivd (he iiiles of liie court, a writ of v:Midi(ioni exponas be issued commaiidiiirocess at 4° the time aforesaid said vessel, her carpo and ou((i(. were taken fi'om and absolutely lost to the owners and otluTs in forested therein. 4. The Unifi'd States deny that the master and mate of the "Winifred" wci-e illci::ally ari'csted .-ii'd imiu'isoned. 5. The Uiiit'd States d"iiv :iii\ liab'litv on this claim. IX THE MATTER OF TUK CLAIM OF UEU BRITANNIC MA.7ESTV, ARISING OUT OF THE SCHOONER "WANDERER" HAVIXd BEEN WARNED AGAINST ENTERING THE WATERS OF BEURING SEA. IM CLAIM No- 25. to / Ihll Xonmhrv '.'.V, tHIHI, 20 30 40 50 60 1. The •'Wunderei" wtis a British schooner rcglslcred at tlie port of Vi'torhi, British Columbia. •1. On Of ;!l)(.iit llu- -Itli Mareh, ISS'J. llie "Wanderer" sailed from N'icloriii. British (.'olumbia, hor.nd dU a sealin};; vo,va};e to llie Nortli I'aeitii: Oce.in and Belirini^ Sea. Ih'i- master was Henrv l'iixt(in and lier mate was \'ijinst Bjerre. Sin; cari'ied a crew of twelve sailors and Ini' lers, and was fully e(inip]K'd for si.id vovajre, and for the huntinjj and capture of seals. ;{. Durintr tii e sfalinp; seasons of 188(> and 1S87 the United States Governinenr caused the watei-s itf Behrin}; Sea, and es])eciallv what is Jii.own as the aealinfi; ground therein, to Xv cruised by several of their revenue cutters, and several seal- iiifr si'hooners to be seized, and the masters, mates and crews to be arrested, det;iined, fin'»d and im])risoned for sealing in Bi'liring Sea luitside of the Terrilorial Waters. I. On or alx.ut tiie 21st day of Afarcli. ISS!), the Bresident of the United Stat"* f>f America issued a proclamation warn- ing all persons against entering the waters of Behring Sea for the ])tir])o«e of Uilling fur seals, and maidng known tluit he was to cause one or more vessels of (he United States to diligently cruise the w.-iters of Behiiiig Sea atid ai'rest all per- sons and sciz" all vessels found to be or to have bei'n engaged in sealing in Meliriiig Sea. and lha( all pcM'soiis found to be or to have been engaged in killing fur seals therein would be ar- rested and punished by imjirisonmenl or tine, or both, and that vessels s') employiMl, their tarkle. apparel, furniture and cargoes, woult' be seized and forfi'iied. ."1. The President of the United Stales did in efl'ei ( carry out the provisid'^s of said proclamatitm liy causing several United Stiite.^ vv\ '!\iu> cutters to <-ruise the wateis of Behr- ing Se.'i diivi'i;; the sealing season of 1SS!I, and esjK'cially what '" known as lh(> sealing ground therein, and seizing a I'.umber of s'-.!ling vessels and arfesting (I'eir masters and crews. 0. By reason of sncli proclamation ar.d ot (he seizures, ar- rests. de(en(ions, fiiiis and imprisonmenis made in l.S8(i and 1887 as aforesaid, which came (o the kuowledge of the mem- bei's of (he cr"w of the "Wanderei" while on her way (o the sealing ground in the Behring Sea. the said crew were in- timidated (o i!ie exdnt of refusing to continue (heii- hnndng voyage to an were snt1'ere«l and incurred by (he owium' and oiliers in(eres(ed in (he said schooner, her cargo and sealing ' oyage. 8. T^n principles of inlernational law ■uui ITer Bii(anni< Majesty claims (hat full 1 1 '•••il (Claim No. 25.) .'ind coiiiplelc (oinp 'iisiitioii should be made in llie premises bv the Coveniment of (he Uuitod States of America to the Government i.f Ilei- Jiritannic Majesty. ;;. The elaim nia.l<" for (he lo.ss aiisini; ont of (be pn-mlseH is tlie sum of Ssio.ouo, wilh in(eiest thereon from the date of I0S.S at he rate of seven per centum per annum. 10 ANSWER OF THE UNITED STATES. Fili'il liiTinihrr :tO, ISDIi. Wilhou( adiMiltiuj; to be true the several alle};ations of fact ^Q made in the «iiid Cliiim by (lie Government of Great Mritaiii, the t'uited Stutes will insist upon the lliffh (Jommissioners thai in and l)y the said Glaini no case is made or staled bv which (he I'niled S(ates should respond in compensalion in any ai.iount under the said Gonvention. The raited S(a(e;i aver lliat by no ac( of (he Governmen( of (he Tnited States hj'.s any loss accrued to tlie schooner "NNanderer." her owners or other per.sons interested in said s< Iioouer, for which that (Jovernment is chargeable under the Award of the Paris Tribunal of Arbitration or under 30 the i)rinciples of international law. "9 IN THE MATTER OF THE CLAIM OF HEB BRITAKNIC MAJESTY FOR THE COSTS IN THE "SAYWARD CASE." CLAIM No. 26. Fll>-il Koi-rmlwr V.I, /«»«. 1 < 20 10 J. The "W. ]'. Saywurd" was a British SLliooner iiJasU'l'ed at the Port ol' N'ictoria, British Coluiubia. 2. On th(- Kith day of May, 1HS7, the "\V. 1'. Saywaid" siiih'd tioiii 111" Port of Xittoria, British (Johiiiil)ia, hound oti a Ni'iilin}" voyauf' to (lie North Paiitic Ocean and BehriUiT e decree or sentence condemning the said schooner, her outfit; and cargo, -ind obtaining a release from the bond which had been given wlien the said ap|)eal had been taken out, pro- ceeding" were taken in the Supreme Court of the TTnited States of Auk lica by a writ of prohibition directed to the judge of the District Court of the United Slates of America in and for the said District of .Maska, prohibiting him from i;o i" imy manner enforcing (he said decree or sentence, or ••om- jdeting the said decree with a valid sentence, or for any pur- ])ose from taking any furthei- stej)s whatever in the said case, or in any madi'r remaining to ho done in conseciuence of the said decree, and prohibiting the said jtidge from making any order, judgment or decree* i:i or about the jiremises, and gen.erally frcmi further exercising jurisdiction in (he said case or enforcing any anier, judgment or decree made under colour t hereof. 7 The petition for such writ of prohibition was presented both on behal! of tin* owner of the shin and also on 'oehalf of Sir .lohn Thompson, K.C.M.Ci., Her Britannic Majesty's .\ttoriiey (ieneral for Canada, and, after liejiring argumeni for and against the same, leave to (lie such i)e(ition was gran(ed 8, The s.tid petidon for a writ of prohibition was afterwards fully considered by the said Supreme Court of the United 60 80 1 I I lO (Claim No. 26.) Stntes of Aiiurica, witli tlic result lliat jndirment was given l».v the said Kupreiiie Court, refusiug to graut the said writ of i)roliihitioii on the Ki"<»>i". as above described and specilied. T!ie grounds of llu- for.'going nioliou are as follows: 1. Because the demand therein described is not claimed by Her Britannic Majesty's tJovernnxMit to be. and is not, in fact, a claim for damages made by a person or persons in whose behalf Great Britain is entitled to claim comi)ensation from the Cnited States within Article I. of the Convention between the Cnited States and Great Britain, raifled by the President of the Cnited States Apiil 23. ISilfi, and by Her Britannic Majt sty on May 14th, 1H!»G, but that the said de- mand is for the sum of ^02,847.t2, no pan of which was ex- pended by the owner or owners of the said "Sayward," or any other i»erson <)!• jx'r.-ions in connection with the proceed- ings before the Sujaeme Court of Ihe Cnitod Setates detailed in said Claim No. 2(i, but is the identical sum of expenses clainu'd to ha\(' been incuiTed by the Goveiiiiuent of (ireat Britain, through Her .Majesty's Government of Canada, in connecticm wiili (he said proceedings in the Supren\e Court of the Cnited States, as ap|tears by the delibeialt! averment of Great Britain, made for Ihe high purjiosea. and for the en- lightenment, of the Tribunal of Arbitration held at Pans un- der the Treaty betwien Great Britain and the I nited States, signed at Wasiiinglon, Fel)ruary 2;»th, 1S!)2. 2. Because the said deiiiaud described and set out in claim numbered 2(i was ni>i embraced in the schedule to the British 60 Case, pages 1 ID lilt inclucive, as presented to said Tribunal ol .\rbi( radon. ;{. Be( ause i. was not included in, but, on the contrary, was excluded from, Ihe .\ward of the said Tribunal of .Arbitra- tion. 4. Because it was not embraced in Ihe said Convention be-- tweeii Ihe rniled Slates jiiid Gi(>at Ttrilain I'or the settle- ment of ( iaims pi'esiii(ed by GimsiI Mrilain against the United States, 50 8i (Claim No. 26.) 5. Because the said claim numbered 26 is not a claim aris- ing by virtue of the Treaty aforesaid, or by the Award and findings of the said Tribunal cf Arbitration, and is not an additional claim specified in the fifth paragraph of the pre- amble to said Convention, and is not the claim entitled "('o.sts in 'Sayward' Case" scheduled in the list of claims in- tended to be referred, appended to said Convention, entitled " Ap])endix of Claims — Claims Submitted to the Tribunal of •o Arbitration ar Paris." Tlie TTnited States submit this motion to tlu^ Hip;h Commis sioners with iht statement that they are now jrepared to answer any eluim for sueli "Costs in 'Sayward' Case'' as have been incurred by any j)erson or persona, and which were "submitted to the Tribunal of Arbitration at Paris," or any claim for "Coats in 'Sayward' Case" incurred by any person or persona; hni if it shall be insisted by Her Majesty's Gov ernment that claims for expenditures in that case, made by tli.it Government or by the Government of Canada, shall be presented and considered before the Commissioners, then the connsel for tlie United States will move the High Commis- sioners for the postponement of the hearing of this motion until communication can be had with their Government. DON M. DICKINSON, ROBERT LANSING, Counsel for the United States. 20 APPENDIX "B." TABLE OF CONTENTS. Great Britain's Exhibits. TAOI Exhibit No. 1 (G. B.), Claim No. 1 1 Registry "Carolena." " No. 2 (G. B.). Claim No. 1 2 Coasting license "Carolena." " No. 3 (G. B.), Claim No. 1 2 Cleaiance "Carolena." " No. 4 (G. B.). Claim No. 1 2 Bill of Health "Carolena." " No. 5 (G. B.), Claim No. 1 3 Bill of sale, D. Urquhartto Wm. Munsie, dated JanT.ary 21, iSS'), conveying 21 shares in " Carolena." " No. (G. B.), Claim No. 1 4 Bill of sale, D. Urquhart toWm. Munsie, dated February 4, 1885, conveying 21 shax'es in "Carolena.^' "• No. r (G. B.), Claim No. 1 4 Bill of sale, D. Urquhart to Wm. Munsie, dated January 21, 1895, conveying 22 shares in ' ' Carolena. " " No. 8 (G. B.), Claim No. 1 5 Bill of sale, H. Matheson to Wm. Mun- sie, dated June 19, 1885, conveying 22 shares in "Carolena." " No. 9 (G. B.), Claim No. 1 5 Mortgage for $1,000. Wm. Munsie to A. J. Bechtel, dated June 19, 1885 (11 receipts attached). " No. 10 (G. B.), Claim No. 1 8 Vouchers, 1-50 (inc.), "Carolena" ac- count, 1886. " No. 11 (G. B.), Claim No. 1 26 Letter, dated Sitka, November 1, 1888, U. S. Marshal, B. Atkins, to Munsie & Co., and order of same date on U. S. Deputy Col- lector of Customs at Ouualaska. " No. 12 (G. B.), Claim No. 1 27 Receipt from Deputy U. S. Marshal, dated August 14, 1886, for property from "Carolena." " No. 13(G. B.), ClaimNo. i.__. 27 Inventory of articles oi. " Carolena." " No. 14 (G. B.), Claim No. 1 29 Certificate of survey of " C srolena," made by Walter Walker, April, 1884, m^ i#:N n TABLE OF CONTKNTS. PAOK Exhibit No. 15(0. B.), Claim No. 1 29 Extracts from reports of officers and logs of revemie vessels in Behring Sea. " No. ](i (G. B.), Claim No. 1 37 List of veKsels at the jiort of Victoria, B. C, available for sealing, l!^8t>-l!S87. " No. 17 (G. B.). Claim No. 1 38 Migration Chart, showing position of Alaskan Seal Herd. " No. 18 (G. B.), Claim No. 1 38 Note book of A. D. Laing, marked "Ex- hibit 'A,' Reuel Small, Examiner," in his deposition. " No. 1!» (G. B.), Claim No. 1 38 Certified transcript of record and proceed- ings in U. S. District Court in Alaska, in case of United States rs. James Ogilvie. " No. ^u (G. B.), Claim No. 1 40 Certified transcript of record and proceed- ings in U. S. District Court in Alaska, in case of United States rs. James Blake. " No. 21 (G. B.), Claim No. 1 42 Chart showing cruises of U. S. vessels between July 15 and August 15, 1891. " No. 22 (G. B.), Claim No. 1 42 Chart showing positioir and number of seals reported bv U. S. vessels in Behring Sea in 181)2. " No. 23 (G. B.). Claim No. 1 42 Chart showing cruises of British Schooner "Ada," 1S87. " No. 24 (G. B.), Claim No. 1 42 Chart showing cruises of U. S. Schooner "Annie," 1887. " No. 25 (G. B.), Claim No. 1 42 Chart showing cruises of U. S. Schooner "Ellen," 1887. " No. 2r. (G. B.). Claim No. 1 42 Picture of Indian sealing canoe and seal- ers. " No. 27 (G. B.). Claim No. 1 43 Abstract showing names of hunters, &c., in "Mary Ellen," in 1886. " No. 28 (G. B.), Claim No. 1 46 Log Book, schooner " Maggie Mac." " No. 29 (G. B.). Claim No. 1 46 Memorandum book of Capt. Brown. " No. 30 (G. B.), Claim No. 1 46 Letter, dated June 29, 1889, at Sand Point, from John Dodd to Rithet & Co. " No. 31 (G. B.), Claim No. 1 46 Letter, dated ,Tuly 5, 1890, at Northeast Harbor, from John Dodd to Rithet & Co. " No. 32 (G. B.), Claim No. 3 60 Inventory of property on " Onward." -m' TABLE OF CONTENTS. Ill PAOI Exhibit No. 33 (G. B.). Claim No. 3 52 Account of seals taken by Indians on " Onward," in Behring Sea, in 1880. " No. 34 (G. B.), Claim No. 3 52 Agreement, dated December 30, 1886, dissolving partnership between C. Spring and A. McLean. " No. 35(6. B.I, Claim No. 3 52 Certified transcript of record and proceed- ings in U. 8. District Court in Alaska, incase of United States rs. Daniel Monroe. " No. 3t) (G. B.\ Claim No. 3 58 Certified transcript of record and [)roceed- ings in U. S. District Court in Alaska, incase of United States vs. John Margotich. " No. 37 (G. B.), Claim No. 3 58 Certified transcript of record and proceed- ings in U. S. District Court in Alaska, in case of United States vs. ''Onward." " No. 38 (G. B.), Claim No. 2 77 In.surance policy, dated November 4, 1885, for £»')<»(• on "Thornton," for 12 months. " No. 31) (G. B.), Claim No. 2.. 79 Insurance policy, dated February 25, 1880, for £1.000 on Treasui'er, &c., on "Thornton," for 4 months. " No. 40 (G. B.), Claim No. 2 79 Insurance policy, dated March 1, 188C, for £600 on " Thornton," for 12 months. " No. 41 (G. B.), Claim No. 2 79 Insurance policy dated June 28, 1886, for £1,000, on Treasurer, &c., on "Thornton," for 4 months. " No. 42 (G. B.), Claim No. 2 80 Statement of premiums paid per schooner "Thornton." " No. 43 (G. B.), Claim No. 2 80 Certified transcript of record and proceed- ings in U. S. District Court in Alaska, in case of United States vs. Hemy Norman. " No. 44 (G. B.), Claim No. 2 81 Certified transcript of record and pioceed- ings in U. S. District Court in Alaska, in case of United States vs. Hans Guttormsen. " No. 45 (G. B.), Claim N.). 2 81 Portion of record and proceedings in U. S. District Court in Alaska, in case of United States fs. "Thornton." " No. 46 (G. B.), Claim No. 2 91 Letter, dated September 4, 1886, at Sitka, from H. Guttormsen to J. D. Warren. " No. 47 (G. B.), Claim No. 2 91 Log book of Schooner " Thornton," 1886. " No. 48 (G. B.), Claim No. 2 101 Registry, "Thornton." i;i1 i'r fc:r ^ 4 IV TABLK OF CONTENTS. PAOK Exhibit No. 41t(G. B.). Claim No. 2 103 Certificate of survey of " Thoruton," Octobei 22, lssr>. " No. 60 (G. B.), Claim No. :{ 104 Hegistiy, "Onward." " No. 51 (G. B.). Claim No 2 105, 404 Certificate of survey of "Thornton," No- vember 14, ISSIJ. " No. 52 (G. B.), Claim No. tl 106 Registry, "Say ward." " 58 (G. B.), Claim No. 7 Ill Registry, "Anna Beck." " No. 54 (G. B.), Claim No. !» 114 Registry, " Dolphin." " No. 55 (G. B.), Claim No. 1(1 116 Registry, " Grace." " 56 (0. B.), Claim No. 6 118 Insurance policy, dated B'ebruary 1 5. ISS", for £1,000, on " Say ward," for 12 months. " No. 57 (G. B.), Claim No. 6 118 Insurance policy, dated February 15, 1887, for £2,000, on Treasurer, &c., on •' Sayvvard," for 12 months. " No. 58 (G. B.), Claim No. 7 118 Insurance policy, dated January 21, 1887, for £1,400, on "Anna Bock," 12 months. " No. 59 (G. B.), Claim No. 7 118 Insurance policy, dated January 21, 1887, for £2,000, on Treasurer, &c., on "Anna Beck," for 12 months. " No. 60 (G. B.), Claim No. i> ,. 118 Insurance policy, dated December 31, 1887, for £2,000, on "Dolphin," for 12 months. " No. 61 (G. B.), Claim No. 9 118 Insurance policy, dated March 2, 1888, for £2,000, on Treasurer, &c., on "Dolphin," for 12 months. " No. 62 (G. B.), Claim No. 10 119 Insurance policy, dated January 13, 1887, for £2,000, on " Grace," for 12 months. " No. 63 (G. B.), Claim No. 10 119 Insurance policy, dated January 13, 1887, for £2,000, on Treasurer, &c., on " Grace," for 12 months. " No. 64 (G. B.), Claims Nos. 6, 7, 9 and 10 119 Statement of premiums paid per "Say- ward," "Anna Bock," "Dolphin" and "Grace." " No. 65 (G. B.), Claim No. 6 120 Transcript of record and proceedings in U. t . District Court in Alaska, in case of Unii ed States vs. "Sayward." TABLK OF CONTKNTS. PAOK Exhibit No. (!»'.((}. B.), Claim No. 7 ;- 1-'>1 Transcript of record and proceedings in U. S. District Court in Alaska, in case of L'nitod States I's. " Amia Beck." " No. »i7 (O. B.), Claim No. !» !<•:$ Transcript of record iuid proceedings in U. S. Distiiet Court in Alaska, in case of United States r.s. "Dolphin.'" " No. t!s (Tl. B.), Claim No. lo 171 Transcrii)t of record and i)roceedingH in U. S. District Court in Alaska, in case of United States i\s. "Grace." " No. f.'.t (G. B.), Claims Nos. <;. 7. !• and lo.... 17l» Power of Attoriiev, dated November 4, issc, T. H. Cooper to j. D. Warien. " No, 70 (G. B.). Claim No. 11 1^:5 Registry, "Ada." " No. 71 (G. B.). Claim No. 11 1S3 Bill of sale, dated April 12, 1SS!1, F. E. Wliite to J. J. Gray, conveying 21 shares in "Ada.'" " No. 72 (G. B.). Claim No. 11... 184 Bill of sale, dated March :?(». 1SS7, F. E. White to J. J. Gnty, conveying 22 shares in "Ada." " No. 73 (G. B.), Claim No. 11 18.5 Statement of expenses in connection with "Ada." " No. 74 :G. B.), Claim No. 4 186 Registry, " Favourite.'" " No. 75 (G. B.), Claim No. 4 188, 405 Memorandum book for issc. of " Favour- ite." " No. 70 (G. B.), Claim No. 4 188 Memorandum book for IMMi, of "Favour- ite." " No. 77 (G. B.), Claim No. 13 183 Registry, "Juanita." " No. 78 (G. B.), Claim No. 13 li)] Chai t of Belning Sea and Arctic Ocean. " No. 70 (G. B.). Claim No. 13 litl Certified transcript of record and proceed- ings in U. S. District Court in Alaska, in case of United States vs. t)20 Fur Seal Skins. " No. so (G. B.X Claim No. 8 J!)7 Registiy, "Alfred Adams.'" " No, 81 (;G. B.), Claim No. S l!)<> Log book of " Alfred Adams," 1887. " No. 82 (G. B.\ Claim No. 8 i«n) Tianscript of lecord and proceedings in U. S. District Court in Alaska, in case of United States vs. " Alfred Adams." " No. 83 (G. B.), Claim No. 20 214 Registry, " Kate." Ciii 4» <^ IMAGE EVALUATION TEST TARGET (MT-S) 5< // {< .5*^ ^^ 1.0 1.1 lii|28 lU I bfi 12.0 2.2 1^ 11^ ^^^ I ^ ^ A ^ \ <^ Sciences Corporation 23 WIST MAIN STRUT WIUTIR.N.Y. I4SM (71«)I73-4S03 ^ **>. :^^I^ . Claim No. 23 261 Pnx-lamation hv the President of the United States', dated February V>, lH-t2. " No. Ki»((J. B.\ Claim No. 23 262 Letter of instructions from Secretary of the Navv to Commank of " Oscar and Hattie," Janu- ary 2S to July 30, 1S!»2. " No. 1»2 ( G. B. \ Claim No. 23 264 I»K book of " Oscar and Hattie," July 31 to-lK!«2. " No. 93((}. B.t. Claim No. 23 264 Memorandum showing outlay, &c., on "Oscar and Hattie." " No. !»4(G. B.). Claim No. 23 266 Memorandum showing original cost of " Oscar and Hattie," in ISIU, " No. »r. (G. B.), Claim No. 18 266 Registry, "Triumph." " No. 96 (G. B.). Claim No. 17 270 Registry, " Minnie." " No. 97(G. B.). Claim No. 17 270 Certified copjr of decree in U. S. District Court in Alaska, in case of United States t>3. 418 Seal Skins. " No. 98 (G. B.), Claim No. 19 278 Registry. *' Ariel," now " Ada." •* No. 90 (G. B.), Claim No. 14 274 Registry, "Pathfinder." " No. l(Ki(G. B.), Claim No. 19 276 Memorandum book for 1889, of S. W. Bucknam. " No. 101 (O. B.). Claim No. 25 281 Registry "Wanderer." " No. 102 (G. B.), Claim No. 14 981 Memorandum of sealing venture "Path- finder "in 1889. vmi.. TABJ.E OP CONTENTS. Til PAOI Exhibit No. I0;3 (G. B.). Claim No. 22 282 Registry, "Henrietta." " No. 104(0. B.), Claim No. 22 282 Agreement dated January 15, 18S»4, be- tween Sitka Trading Company and M. Pinck- ney. '• No. 105(0. B.). Claim Xo. 2i> 282 Agreement dated January 13, 18»4, be- tween W. P. Mills and M. Pinckney. " No. lo»! (O. B.). Claim No. 22 282 Bill from Sitka Trading Comjjany to Schooner "Henrietta," dated January 9, isy4. " No. 107 (O. B.), Claim No. 22 282 Bill from W. P. Mills to Schooner " Hen- rietta," dated January IH, lSit4. " No. lOH (O. B.). Claim No. 22 282 Inventory of stores on S(;hooner " Hen- rietta," September, 1H!»2. " No. 10!» (G. B.), Claim No. 22.... 284 Portion of record and proceedings in United States District Court in Alaska incase of United States vs. " Henrietta." " No. llufO. B.). Claim No. 24 327 Registry " Winifred." " No, 111 (O. B.), Claim No. 24 327 Portion of record and proceedings in U. S. District Court in Alaska in case of United States r.9. " Winifred." '• No. 112(0. B.I, Claim No. 15 376 liegistry " Black Diamond." " No. 113 (O. B.). Claim No. 16 381 Libel in proceedings in U. S. District Court in Alaska in case of United States vs. " Black Diamond. " No. 114 (O. B.), Claim No. 16 383 Decree in proceedings in U. S. District Court in Alaska in case of United States vs. 833 Fur Seal Skins " No. 115 (G. B.). Claim No. 26 386 Detailed Statement of vouchers of " Say- ward Costs." " No. 116 (G. B.), Claim No. 26 387 Vols. Nos. I., II. and III. in "Sayward Case." " No. 117(0. B.), Claim No. 24 387 Log book of " Winifi-ed." " No. 118 (O. B.), Claim No. 1 387 Sealing Chart (4) of seals observed in BehringSeainl891. " No. 119 (G. B.), Claim No. 1 887 Map of Northeast Point Rookery. " No. 120 (O. B.), Claim No. 1 887 Map of Polavina Rookery. I VIII TABLB OK CONTENTS. PAaii Exhibit No. 121 {(i. R), Claim No. 1 -i^l Map of Ketavie and Lukaiinon Rookery and Reef and Oarbotcii Rookeri«'3. " No. I-J2iG. B.\ Claim No. 1 305 Account sales. July 4. 1h<»|, r>HH skins e.r "Viva.'' " No. l-2i\ (G. B.), Claim No. 12 W.") Registry of little "Tiiumpli." *' No. 124 (G. B.). Claims Nos. 2, »i, 7. '.• and U». :5!C> Copy Joseph Boscowitz's ceititicate of biith. •' No. I2.'.(G. B.). Claims Nos. :! and is :i!iti Daniel .McLean's British naturalization papers. October H>, Is.Hi;. No. I2_) StatenuMit of defense of J. Boscowitz in printed record on appeal in the Supreme Court of British Colimibia. " No. H (U. S), Claim No. 4 iss Logbook of Schooner "Favourite", Ibsc. No. !• (LI. S.I. Claim No. 4 ls8 Pages 5 of Capt. M(tLean's book of ac- counts and general sealing information. kl'«A. TASK okery :1M7 Hkins 3!>5 •.wr> id 10. ^ :',!»S 4(tl 47 47 4!) Kt:) ISO 1S8 TABLE OF CONTENTS. IX PAQI Exhibit No. U){U. S.). Claim No. s 207 Certified copy (»f uroceedings in the Su- preme Court of BritLsh Cohunbia in the mat- ter of the Estate of Jacob Gutnian, deceased. " No. 11 (U.S.). Claim No. is 2«it Agreement dated April 0, issj), between E. C. Baker and H. Leibes tS: Co. " No. 12 (U. S.), Claim No. IS 2i\9 Certificate of Diuiiel McLean's naturali- zation as a I'nited States citizen, December 1, 1SS2. •' No. 1 ;{ (U. S. ). Claim No. 14 27.'». SuppLEJiENTAi- United States Exhibits. Exhibit "A" (U. S.). Supplemental to Exhibit No. 66(G. B.) 159 Portions of proceedings in U. S. District Court in Alaska in the case of the United States vs. " Anna Beck." " "B"(U. S.). Supplemental to Exhibit No. «7{G. B.) 170 Portions of. proceedings in U. S. District Court in Alaska m case of the United States IS. "Dolphin." " "C"(U. S.). Supplemental to Exhibit No. «8(G.B.) 177 Portions of proceedings in U. S. District Court in Alaska in case oi the United States vs. "Grace." " "D" (U. S.). Supplemental to Exhibit No. 97(G.B.) 271 Portions of proceedings in U. S. District Court in Alaska in case of the United States vs. 418 Seal Skins. Addenda 404 f UM.. APPENDIX "B." €onimlM«ioner« iiiiilfr the t.'oii vein ion of l'i>l>rii- iirjk n, iHtfe, hetwceii ihc I'liitrd Mialv« mid liireiit Briliiln. EXHIBITS 20 EXHIBIT No. 1 (0. B.), CLAIM No. 1. CKKTIFICATE OF HKITISH UlilJlSTIiV. (SKAL). Offiiinl niimln-r of ship -ClSoit port NiimlHr -l/lS7(i. Diitcof ii'jjislrv I'Ist Marcli. I.s7(i. .\;iiiu' (tf Mii|i — "Carolina." FoiuiKii hiiilt at Port Kiankliii. Wash iiiuton Territory. Port of Ui-gistry \i< loria. How pi o|H'lle(l— sails. 10 , .Nuinlu-r of decks, .one. Nuiiibi'rof Masts . two. Kiggod scl)ooiu>r. Stern s(|iiare. Puild Carvel. (iall»'r-i('s . none. Head . ..inllet. Fraiiiewoi k wood. Mkvsukemknts. F..-I. l.«ugth from the fore part of stem under Itow- sprit to the aft fide of the head of stern 40 P«^' - 4.') Main hreadtli outside plank 15 Depth in hold from tominge deck to (viiiiiv. at miiiships ." 5 Tenlli. Tonnage under tonnage (!.'(k . Nllllllll T c,f TlllH. - .- :u.yo Total register tonnage .'Jl.iX* I, the undersigned Registrar of the Port of Victoria, ' B. p., hereby certify that the ship, the description of which is prefixed to this my certificate, has been duly surveyed, and that the above description is true; that Francis Arm.strong is Master of .«aid ship, and that the nanie. residence and description of the owner, and number of sixty-fourth shares held by bin), aie as follows: Name, Residence and occupation of No. of Sixly-fourth _ owner, sliaies. h rancis Armstrong of Victoria, Trader. Sixty- t.ur shares. 60 Dated at Victoria the 2lstdayof March one thousand eight hundred and seventy. H. HAN LEV. ,„ , , Registrar | L. s.l (Endorsed)— Certificate of Registry. Original Exhibit 1.) A. 1 . Li. JOHN C. CANTWELL, 3rd Lieut. U. 8. R. M. T i (Exhibits Nos. 2, 3 and 4.) EXHIBIT No. 2 (0. B.). CLAIM No. 1. DOMINION OF CANADA. Coasting Licensr. No. 10 For the year 1S86. To all whom it may concern : This License is granted to James Ogilvie of Vic- toria, B. C. Master of the "Carolina" of Victoria. B. C, 81. IK) tons burden, Britich registered and wholly owned by British subjects, to employ the said vessel to carry goods, always subject to entry or clearance, conformably with the coasting regula- tions of the Dominion of Canada, he having with 20 two sureties, entered into the necessary bonds. Given under my hand this IfJth ) day of February, 188fi. Customs of Canada, Feb. 16, 1S8(). Victoria. B. C. J 30 (El orsed)- Exhibit K. A. R. MILNE, pro. Collector. Port of Victoria, B. C. This License expires on the :3(tth day of June, 1886. A. T. L. JOHN C. CANTWELL. EXHIBIT No. 3 (G. B.), CLAIM No. 1. PORT OF VICTORIA, BRITISH COLUMBIA. These are to Certi/i/, to all whom it iloth concern. 4° That James Oj'ilvie. Master of tlie Br. Schr. "Carolina," burden 'Al.W Tons, navigated with eleven (11) men. British built and bound for Pacific Ocean, Heliring Sea, and Okhotsk Sea, having on board ballast and stores, on a Fishing and Hunting voyage, hath here entered and cleared his said vessel according to law. Clear.\nce. Given under my hand and seal at the Custom HO House at the Port <.f Victoria, B. C. in the Province of British Columbi;. tliis litth day of May, one thousand eight hundn^ and eigbtv-six. A. R. MILNE. pro. Collector. (Endorsed)- Exhibit L. A. T. L. JOHN C. CANTWELL, 3rd Lieut. U. S. R. M. 6o EXHIBIT No. 4 (0. B.). CLAIM No. 1. This exhibit is a copy of the Bill of Health of the schooner "Carolena." dateil May 1!», ISSO, Custom House, Port of Victoria, B. C, and signed A. R. Milne, Pro. Col- lector of Customs. B\* order of the Commissioners on consent of counsel it is not printed. 8 (Exhibit No. 6.) No. 63. (Kxliil>its NoH. it and 7). EXHIBIT No. 6 (Q. B.), CLAIM No 1 (EndorsHinent.) Kegisteml iit t\w Fort of Victoria, B. C. nth K.'l.v . I>s:.. M 10 A. M., Folio l!t7, r^ook B. H Hmtlfy I British Cohiiiiliiit Ciistorns S(3iil). It' Bii.i, (»K Sai.k, Ship "Cakolkna." (Th«' tIt'Hcription of th»' vessel i'^ idt'ntii'al with the tic script i<»ii nivt'ii in Kxhiltit No. .'» ((}. B ), Claim No. 1. an Steamer " Alex- iiiflfr " of the City of Victoria i i the F'roviiu-e of British Colnuihia, in consideration of the Sum of Six hnnth-ed & sixty seven Dollars paid to me by William Munsie. (Srocer of Victoria, British Coinuiiiia the Receipt whereof is here- by acknowlediid, transfer Twenty-one Shares in the Ship 20.i|)((ve particularly describeil, and in her boats, and appur- tenaiK-es. to tin* said William Miinsie of the City & Province aforesaid. Kuriher, I the siid Donald Urtpihart, Master of the Steamer "Alexander" as aforesaid for myself and my heirs covenant with the >aid Wdliam iMnn^ie of the City iS: Province .(foresaid and his assij^ns, that I have power to tiansfer in maimer aforesaid tlie premises hereinbetoie expressed to be transferred, anit No. ."> ((•. B. ), Claim No. 1, and is omitted here by cunsent of counsel. I. Donald Urcpdiart. Master of the Steamer " Alex- ander " of the City of Victoria in the i'rovince of British Colmiiliia in considciation of the Smn of Six Hundred & sixty seven Dollars paid to me by Heurv Matheson, ii° manner, of the City of Victoria. Province of British Cojuniliia the R(>cei|»t whereof is liereliy .icknowledKed, transferred Tweuty-two Shares in the Ship above particu- l.uly descrilied. .ii\d in her lioats and a|)purtenance.s, to the said Heiuy Matiuson of t lie City & Province aforesaid. Furtiier. I the said Donald Citpihart, Master of the Steamer "' Alexander" foi' myself and my heirs covenant with the Slid Henry Matheson, mat iner, .ind his assigns, tliat I have power to transfer in manner aforesaid the premises liereinl»efore expressed to be transferred and "°thattlie same are fiie fM>m iiicuuibraiices whatsoever & wheresoever. In witness whereof I have hereunto subscribed n)y name and affixed my seal this Twenty-first day of Jauu- ■ irv one thousand ei;;lit hundred and eighty five (1SS5). D. URgUHART. [skai..! E.xecuteil by the abovenamed Donald Urquhart in the presence of Chas. Havwakd, Jr. ■I ,iiitl. (ICxliil»it8 Nos. H and )>)• EXHIBIT No. 8 (0. B.). CLAIM No- 1 (KiuloiHement.) Registeivd at the Port of Victoria, B. C, :thSop., 18S5, 3 a") P. M. Folio 2i»». H. Hanley. (British Cohiinhia Ciistoms Soal). BiixoF Sale, Ship "Cakolexa." '° (The doscription of the vossel is idontical witli the de- scription ^iven in Exhibit No. :> (0. B), Claim No. 1, and is admitted here by consent of counsel. I, Henry Mattieson, Master of the Schr. "Carolena" of the City of Victoria in the Province of British Colum- bia in consideration of ti>o Sum of Six Hundred & sixty- nine Dollars paid to mi* by \Vm. Munsie, (Jrocer of the City of Victoria in the Province of British Colum!)ia the Receipt whereof is hereby ackiiowledjj;ed. transfer Twenty- two Shares in the Ship al)ove particul irly descrii)ed, and 20 ni her boats, and ap|)urtenances, to the said William & Pri Munsie of the City «!k Province aforesaid. ITurther, I the said Henry Mathe.son, Master of the said Schooner " Carolena" for myself and my h«Mrs covenant with the said William Munsie, (irocer, and his assigns, that I have power to transfer in miimer afore.said the premises hereinbefore expressed to be transferred and that the same are free from incumbrances whatsoever and wheresoever. In witness whereof I have hereunto subscribed my 3° name and affixed my seal this nineteenth day of June, One thousand eight hundred and eighty-five. HENlty MATHESON. [seal]. Executed by the above named Henry Matheson, in the presence of Fkederick Cakn'e, Jr. EXHIBIT No. 9 (0 B ), GLAIH No- 1 4° (Endorsement.) Registered at the Port of Victoria, B. C, 3(»th Sept., 1885, 3.25 P. M. H. Hanley, Register. (British Columbia Customs Seal). mortoaoe (to secure principal sum and interest) ship "Carolena." (The description of the vessel is identical with the de- scription given in Exhibit No. 5 (G. B.), Claim No. 1, and is omiltea here by consent of counsel. 50 I, the undersigned William Munsie, Grocer of the City of Victoria Province of British Columbia in consideration of One thousand Dollars this day lent to me by Andrewr J. Bechtel, Hotel Proprietor, Victoria, British Columbia do hereby for myself and my heirs, covenant with the said Andrew J. Bjchtel of the City & Province aforesaid firstly: That I or my heirs, executors or administrators, will pay to the said Andrew J. Bechtel, the said sum of One thousand Dollars (" together with interest thereon at the rate of " stricken out) without interest (" per cent, per 63 annum on the day of " stricken out) on demand (" next; and secondly, that if the said principal sum is not paid on the said dajy or heii-s, executors, or adminis- trators, will, during such time as the same or any part thereof remain unpaid, pay to the said interest on the whole or such part thereof as PR m a . (Exhihit No. !»i. may for the tinio h«>ii)>; rfinaiii, iinpiiid, at the into of pi>r c-tMit. per anmiin, liy opial half yt'.irly payiiii'iitH on the (lay of and day of in every year" Htricken ont); and for Injlter HocuiinK to the Kaid Andrew J. Huchtel the lepavnient in manner afoiennid of the said principal sum and inteiest I herehy mortgage to the said Andrew J. Beclitel Thirty-two loshaies of which I am the t>wner in tlie Ship ahove par- ticularly descrihed, and in her lioats, i" guns, ammuni- tion, small aims " stricken out) and appurtenances. I declare that this mortgage is made on condition that the power of sale wliicli hy the Merchant Sliipping Act 18.''>4j IS vested in tile said .\. . I. Hechtel shall not he exercised until the said day of Lastly, I for myself and my heirs, covenant with the said Andrew J. Bechtel and his assigns that I have jiower to mortgage in manner aforesaid the ahove mentioned shares, and that 20 the same are free from encumhrances whatsoever and wheresoever. Ill witness whereof I have hereto snhscrihed my name and atfi.xed my seal this nineteenth day of Jum? One thou- sand eight hundred and eighty tive. ■\VM. MUNSIE. IsKAi,.] B^xecuted hy the ahove-named William Munsie, in the presence of ¥. Caknk, Jr. (Endorsement on hack of Mortgage). In consideratif)!! of the sum of One tliousand Dollars 3°heinj; all principal money due on the within mortgage the receipt and payment of which I herehy acknowledge, I herehy release and discharge the within vessel, " Caro- lena " and the within named William Munsie tor all claims and demands in respect of such princi))al sum. In witness whereof I have hereunto set my hand and seal this 7th day of Novemher, A. D. 18)to. A. J. BECHTEL. [seal]. Witness: A. L. Belyea. Registered at the Port of Victoria, B. C, Novembers, 189(1. at 12 noon. Folio 218, Book B. A. R. MILNE, Registrar. [seal.] The following eleven receipts are attached to the above mortgage and form part of Exhibit No. )t (G. B.): No. 1. Victoria, B. C, 1S» Dec. 1885. Received from Wm. Munsie, Sixty Dollars 50 being amount due for Interest on mortgage Schr. "Caro- lena^' to 19th Dec. 1885. $60.00 A. J. BECHTEL, No. 2 Victoria, B. C, 2l8t June 1886. Received from Wm. Munsie, Esq., Sixty Dollars being amount interest due on mortgage Schr. " Caro- lena" to 19th June, 1886. 1160.00 A. J. BECHTEL. 60 No. 3. Victoria, B. C, Dec. 26th, 1886, Received from Wm. Munsie, Sixty Dollars being amount due for interest on mortgage Schr. "Caro- lena " to 19th Dec. 1886. $60.00 A. J. BECHTEL. r (Exhibit Nu. )«. i No. 4. VicroKiA, B. C. l«tliJune, 1h87. H»'ceiv»'(l from VVm. Ml'Nhik, Sixty Dollar* bt-iiiK Interest duo on Mortgage Schr. " Cnrolena " to 10th June. |ss7. |«to.(Mi. A. J. BECHTEL. No. :.. Vktomia. B. C. Dw. '.'Oth, 1H87. '° Rcot'iveil fron» Wm. Munsik, Esq.. Sixty D(»lloi"» beiuK amount due for intoroHt on mortgage Schr. "Caro- lena" to IKth Dec. 1hs7. ^♦io.no. A. J. BECHTEL. No. ♦•.. VicTOHU. B. C. I'Htli June, 1hh8. Received from Wm Muxsik, Sixty Dollare being amount interest due on mortgage Schr. "Caro- 2olena" to l!»tli June, IMSS. ^.lo.oo A. J. BECHTEL. No. 7. Victoria. B. C. I'.ith Dec. 1888. Received from Wm. A!l'N9IK, Es.) Victoria, B. C, June 1. 1886. ScH. "Carolina," Bought of S. L. Kelly & Son, Importers in all the various kinds of Cooking Stoves and Ranges in use. May 17. To l-lo Qt. Kettle $ 7.') " l-). Voucher No. 3. (a.) • Victoria. B. C. June 3, 1880. ScHR. "Carolena" Bought of Wm. p. Say ward. Island Lumber & Si'ars. May 17. 18 ft. 1 x 14 sfd 30 70 " Ix 10 " ... 1 24 13 " 2x3D. D 20 19 7 " 1 x4T& G 13 24 " P 1x4 sfd 12 *2 05 Paid W. P. SAYWARD, p. C. 20 Voucher No. 3. (/>.) Victoria, B. C, Feb. 16, 1886. ScHR. "Carolina," Bought of Wm. P. SaywarD; Manufacturer and Dealer in Island Lumber and Spars. Feb. 10. To 940 ft. 1x12 1128 30 135 " 2 X 4 162 168 " 1 x6 2 01 140 " 2x6 1 68 80 "4x4 96 22 " 1x6 T&G 44 975 " P. 1 x3 4 87 2i M shingles 6 87 18. 300ft. 1 x4T»&G 7.50 96 " 3x 4 1 15 34 " 2x 10 41 4° i M. shingles 68 $39 47 Paid Feb. 16/86. \V. P. SAYWARD, W. S. C. Voucher No. 4. («.) Victoria, B. C, Feb. 13, 1886. 50 Schooner "Carolena" Bought of E. G. Prior, Importer of Hapdware, Iron and Steel, Plows, Wagons, Reapers, Belting, Etc. Febyl2. 1 Padlock 50 1 Hasp & staples 37 13. 1 Run. Lock. 1.50 ^ j!2 37 E. G. PRIOR, Paid Feb. 16, J 886. per G. F. Mathews. lO 30 10 (Exhibit No. lo). Voucher No. 4. (/*.) Victoria, B. C, June 30, 1886. ScH. "Carolina," Bought of Importer of E. G. Prior, Hardware, Iron and Steel, Plows, Wagons, Reapers, Belting, Etc. May 15. 4 Butchers Steels 15 00 5 00 4 5" Wilson's skinning knives. 3 00 100 2 Ripping knives 5 50 92 'i " " 3 00 50 1 doz. small files ass'd 2 00 1 00 1 5" screwdriver 37 18. 2Iron Ladles 4/- 100 9 79 Received Payment Oct. 13/sO. pp. E. (I. PRIOR. G. F. Mathews. Voucher No. 5. $3.50. Victoria, B. C. Feb. 17th, 1886. Received from Wm. Munsie, Drayage on a/c of Schr. 30 ' Carolena," Three 50/100 Dollars. JOSEPH HEANEY. Voucher No. . Victoria, B. C. May 26th, 1S86. Schooner 'Carolina" To John Robertson, J)r. Blacksmith and Boiler Maker. May 17. To 3 5/8, 2-1/2 Bolts for Oavits 1 23 Spindle & 2 Bands for \Vindlas.s Gear 27 lbs. ISc. 4 35 18. 3 straps for tank (57 lbs. 12c 8 (U 19. 2 Stands for Stearing Gear !)7 U)s. U\c IT) 52 2 Eye Straps Tiller 4 Bolts 34 lbs. 18c <5 12 6 3/4 Collar Eye Bolts & Nuts IS lbs. 18c 3 24 2-5/8 Eve Bolts. . 1 25 2 1/2 DViftBolts 25 2 Staples for Wheel 25 4 3/4 Bolts 4-5/8 Screw Bolts. . 4 00 New Traveller & Socket 48 lbs. 18c 8 fi4 Pump Bucket repaired I <•<> 2 Washers - 50 |54 41 25 $54 06 Received Payment, JOHN ROBERTSON. 40 Voucher No. 10. Victoria, B. C. May It), 1886. Schooner "Cakolena " To. Chas. Pardoe, Dr. Gunsmith. To 4000 S 9 Gun wads 1.10 4 40 Received Payment, C. PARDOE, July 13/86. 50 60 Voucher No. 11. Clayoquot, May, ' "<}. Schooner " Carolena " & Owners To B. C. Pilots, Schr. " Mary Taylor." To 36 fathoms 2i in. manilla rope 7 36 " 10 yards No. 3 Cotton Canvas 3 70 " 5 " "4 " " 1 75 " 2 Balls Seaming twine 75 " 1 Rifle 1000 *23 56 The $10 for Rifle to be refunded when the Rifle is returned. Reed. Payment, ANGUS McALISTER. liwL.. 7 36 3 70 1 75 76 10 00 13 (Exhibit No. 10). Voucher No. 12. Victoria, B. C, May 17th, 1886. ScHB. '* Carolina " & Owners To Dean S. Sears, Dr. Sail Maker. ,oTo6j days repairs on 3 sails at ft $25 00 '• 8 yards No. 5 Duck at .34c., $2.72, 12 lbs. H. Ropeat2/-|3 6 72 " 19 reef points at 8c. $1.52, Twine and wax $1.80 3 32 $34 04 Reed. Payment, DEAN S. SEARS. 20 Voucher No. 13. Victoria, B. C, May 17th, 1886. Messrs. Carne «& Munsie, Bought of John Weiler, Manufacturer of Furniture. To 1 Doz. En. Plates 5 00 "1 " " pint mugs 5 75 30 « 1 •' Knives & Forks .. . 3 50 "1 " Tablespoons 2 00 '• 1 " Tea '• 1 00 $17 25 Steamboat globes, 18-75 1 50 ForSchr. "Carolena." 16/9/86 Paid. JOHN WEILER, per O'B. 40 Voucher No. 14. Victoria. B. C, June 1, 1886. ScHR. '• Carolena " <& Owners, Bought of P. McQuADE & Son, Importers and Dealers in Manilla and Hemp Cordage, Anchors, Chains, Rosin. 50 May 13. 3 cans copper paint $7.50, 2 Brushes$1.75 $9 25 14. 47 lbs. 3 1/2 Lan yards $8.46, 25 lbs. white lead $2.25 10 71 5 lbs. spunyarn .90, 5 lbs. Black Paint .75 1 66 " 1 Pr. Clasp & Hooks .50 1 single & dble Pat. Block 2 in. $5.25.. 5 75 " 2 1/2 lbs. Seasing .62, 1 Pair Hooks & Thimble .75 137 60 "4 1/2 lbs. Bolt Rope .SI, 1 gall. B. oil$l.. 1 81 " 1 lb. Pat. Driers .25, 2-12 Hasps 2ton$1.20 146 " 3 lbs. Marlin .75 1-7 Com. Block $1.40 2 15 lii^ 14 (Exhibit No. 1(»). *' 1 Lig. Serving Board .76, 15 1-7 Pat. Block $1.75 2 60 16. 6 lbs. spiiuyarn .00, 1-2 1/2 Galv. Thimble. 30 120 " 12 1/2 White I.ead $1.25, 1/2 gal. B.oil.50 175 17. 1-8 1/2 Pat. iron sheave $1 30, 1 10 lb. Calkin. 15 146 11 lbs. Bolt Rope $1.08, 1 Hook Tiiimble .21 2 23 18. 6 lbs. 1 1/2 Am. Manilla $1.20, 5 ft. Spunyarn .00 2 10 19. 1-6 Spirit Compass $22.50, 1 1/2 gall. B. oil $1.50 24 00 25 lbs. W. Lead $2.26, yds. 8 yd. Duck $1.62 3 87 4 lbs. Oakum .60, 8 ft. galv. Boat 30 Nails $2 2 60 17 1/2 yds. No. 6 Duck $5.25, 5 lbs. spunyarn .00 6 15 2 Balls Twine .75, 2 lbs. Pat. Driers .00 175 . 4 ft. pat. spikes .40, 11 ft. 2 Am. Manilla $2.20 2 60 1-5 Brass Compass 5 25 $91 09 P. McQUADE & SON, 30 E. & 0. E. Paid Sep. 10, 1S86. Victoria, B. C. Voucher No. 15. Victoria, B. C, May2l8t, 1886. Messrs. Carne & Munsie a/c Schr. " Carolina " Bought of W. J. Jeffree, Dealer in Trunks, Valises, Umbrellas, &c. 40 To Mdse. supplied Schr. ''Carolina," as per bill rendered 79 25 Wc Dis 7 02 1/2 $71 32 1/2 Paid Sept. 17th. 1886. Estate W. J. JEFFREE. Pr. 0. J. SO Voucher No. 16. Victoria, B. C, May 11, 1886. Schooner "Carolena'' Bought of On Hing & Brother, Manufacturers and Dealers in Clothing, Tea, Rice and Tobacco. To 2 Doz. Blue overalls $10 $20 00 "1 " " Jumpei-8$10.. 10 00 , "1 " Check Shirts $8 8 00 °° «' 1 " Brown overalls ?.6. 50 6 50 " lib. Linen thread $1 1 00 " Needle 75 $46 25 Paid, ON HING & BRO. i 18 (Exhibit No. 10). Voucher No. 17. Victoria, B. C, May 25, 1886. ScH. "Carolena" To Thos. Gowen, Dr. Manufacturer of lo Single and Compound Engines, Boilers, Steam Pumps, ETC. 2 Boxes. 1 00 1-1' Sq. Plate 10 Boxing Wheel, Boxes and Fay Shaft 10 h. at50c 6 00 $6 10 Received payment, 2o WM. JAS. CULLUM, Per Thos. Gowan. $20 00 10 00 8 00 6 50 1 00 75 Voucher No. 18. Victoria, B. C, Sept. 1886. Schooner "Carolina" Bought of ^° T. N. HiBBEN & Co., Importing Booksellers and Stationers. 1886. April 27. Stationery . . 7 40 1 Chart Alaska 1 25 1 V. I. Supplement 125 May 3. 1 Alaska Pilot 3 75 1 Memo 25 40 4. 1 Log Book ^2.75, Nautical Al- manac .75 3 50 18. 1 Chart North Pacific 5 00 1 " Kamschatcka 1 25 Aug. 24. 1 Chart (for use in preparing claims) 85 Sept. 10. 1 Chart (for use in preparing claims) 175 $26 25 Received Payment 26th Sept. 1886. ' T. N. HIBBEN & CO. p. R. M. Voucher No. 19. Victoria, B. C, , 1886. ScHR. "Carolena" Bought of 60 Capt. Turtle of Bark "Harvest Home." One Chronometer No. 80 a/c for " Carolena ". . $160 00 Paid April 21st, 1886. THOMAS TURTLE, With thanks. 16 (Exhibit No. 10). Voucher No. 20 (a). Victoria, B. C, May ScHR. "Carolena" Mr. H. Noble, Importers and Dealers in Groceries, Provisions. 10 To Wharfage •• Wood 1/2 cord l?2.75, 1/2 Ton coal $4.00. 4 50 6 76 Received Payment, $11 26 HY NOBLE. Voucher No. 20 (6). ao Victoria, B. C, May 26, 1886. MuNSiE Per " Carolena " Bought of Henry Noble, Dealer in Double Screened Wellington Coal. May 12th. To Wharfage on 2 Loads of Flour $100 ,_ 18. " 4 Tons of Coal 28 00 ^° " 1/2 Cord Cut Wood 2 87 1/2 " 1 Load Potatoes 1 00 " 1 " Salt 1 00 " Wharfage on 1 L of Beef.. 50 " By E.xpres8 Wagon 1 50 $35 87 1/2 Settled by Com. Ace. Paid HY NOBLE. 40 Voucher No. 21. Victoria, B. C. May 22, 1886. MUNdlE, Bought of George Phillips, Dealer in Second-Hand Stoves. 50 A/c Schooner "Carolena." 221 lbs. of Castings @ 15c 33 15 Repairs on Two Stoves 3 00 Zinc for cabin floor 50 3 1/2 joints of 5 in. pipe at 50. 1 75 Repairs on Deck pipe. 50 Blacksmith repairs on one post 86 60 *^^ 26 Received Payment, GEORGE PHILLIPS. 33 15 3 00 60 1 76 60 86 lO 20 30 40 50 60 It (Exhibit No. 10.) Voucher No. 22. ^ fOTOHiA, Foby. 17th, 1886. Schooner " Carolena «Sc Owners " To D. Urquhart "Surveyor." To one general survey $7 60 Paid D. URQUHART. Voucher No. 23. Vict. B. C, May 6th, 1886. Schooner "Carolena" Dr. To Indian Jimhey. 4 Canoes 6 paddles and seal Bladders $248 60 Paid May 6th, '86. his Indian X Jimmey mark. per W. M. " C. E. Voucher No. 24. Victoria, B. C, May 19th, 1886. Schooner "Carolena," Dr. To Wm. Turpel. To Tanks p. "Car" $77 50 " Oak supplied 2 88 Lumber for steam box 50 John Clark Labor 1 day 5 00 Lawrence " " 5 00 D. Pratt " " 8 75 Wm. Turpel ior Carpen. & Labor 50 00 $149 63 Paid 22nd, WM. TURPEL. Voucher No. 25 (a). Victoria, B. C. 4 March 1885. Messrs. Owners op " Carolena " To R. C. Janion, Dr. Importer and Commission Merchant. Wharfage on 4 loads freight. 2 00 $2 00 Paid W. S. SINTON, Wharfinger. 18 (Exhibit No. 10.) Voucher No. 25 (6). Victoria, B. 0., 16 Febry. 1886. Schooner "^Carolena " To R. C. Janion, Dr. Importer and Commission Merchant. May 16. 86. 3 Tons coarse salt |I12.00 $36 00 Paid n. C. JANION. Per E. Part of 10 tons ordered on 6th Feby. Voucher No. 26. May 19th, 1886. ScHR. "Carolena" To SoHR. "Pathfinder" Dr. 20 3 Tons coai-se Salt 15.00 $45 00 Paid CARNE & MUNSIE, July 7/87. Voucher No. 27. Victoria, B. C, May l», 1886. ScH. "Carolena" To Spratts Wharpe, 3° The Canadian Pacific Navigation Company, Limited. 1100 Gallons water 2 76 Rec. Payment, T. WILLIAMS. Voucher No. 28. Victoria, B. C, June 3rd, 1886. Sch. "Carolena" 40 Bought of A. B. Francis, Importer and Dealer in Hardware, Cutlery, Crockery, Woodenware, Tin- ware, ETC. Tacks 20 Brads 16 Staples 10 Pics&oilere 1 30 50 1 75 Paid A. B. F. Voucher No. 29. Victoria, B. C, May !•!, 1886. ScHR. "Carolina" Bought of Muirhead & Carter, 60 Importers and Dealers in Groceries, Provisions, Feed. To 4 demijohns at 87 l/2c |3 58 Reed. Payment, MUIRHEAD & CARTER. ^\iiti.. (Exhibit No. 10.) Voucher No. 30 (a), Victoria, B. C, May 10th, 1886. Received from Munsie & Carne Five Hundred 00/100 Dollars for incidental expenses and advances to men on voyage, etc. 1500.00 JAMES OGILVIE. 10 Voucher No. 30 (ft). ViCTOKiA, B. C. May 1886. ScHB. "Carolena " In occt. with Wm. Mussik. To cash put on board 500 00 " 2Sexants" '* 75 00 " 1 Boat 100 00 20 675 00 Voucher No. 31. Victoria, B. C. 18th May 1886. Schooner " Carolena " Bought of Thomas Shotbolt, Dispensing Chemist and Dkugoist. 30 _____ To goods as per Invoice Rendered $i 87 Reed. Payment, THOS. SHOTBOLT. Voucher No. 32. jjse.OO Victoria, B. C. 19th May 1886. Received from Wm. Munsie for Owners, Six 00/100 Dollars. 40 Shipping Seamen and articles Sch. " Carolena." A. N. MILNE, pro. Collector. Voucher No. 33 .(a). Weixjh Rithet & Co. To Pacific Coast Steamship Co. Dr. For passage Five Men Ex. Schooner "Carolena" from San Francisco to Victoria 40 00 SO WELCH, RITHET & Co. Paid Sept. 2, 1886. per A. Allen. Voucher No. 33 (6). Welch Rithet & Co. To Pacific Coast Steamship Co. Dr. fioITor board of men ex. Schooner " Carolina" "/bile in San Francisco as per attached bills 31 72 WELCH, RITHET & CO. Paid, Sept. 2, 1886. per A. Allen. . m. 1 wr^ ill 2U (Exhibit No. 10.) Voucher No. 83 (6) continued. John Curtin, Schk. " Carolina." H. W. Teiine«ei) dollars, board and lodgings to Aug. 27th. Davis Kussell 6 dollai's for hoard and lodgings to Aug. 27th. 112.00 •^ Received Paynjont, S. F. Aug. 2«l/»» JOHN CURTIN, By M. M. Lran. Voucher No. 88 (b) continued. Intehnationai, Hotel, San Francisco, August 27th, 1880. per Crew of " Carolina " 2o Messrs. Goodall Perkins & Co. To T. M. Edwards, Dr. From Aug. 18 to 27. To 9 days bd. & room A. R. McCauday at 6.00 per week 7 72 To 1 week bd. & room James Hunger at 6.00 per week 6 00 To 1 week bd. & room Wn>. Knox at 0.00 per week 6 00 30 119 72 Rec'd Payii it in full . M. EDWARDS per Jno. Campbell. Correct for crow of "Carolina," A. R. McCAUDAY. Voucher No. 34. Hall, Goepel & Co. 4° Victoria, R. C, -t March, 1886. Received from Messrs. Munsie & Co. the sum of Three hundred forty five Dollars being premium of Marine In- surance on Hull of sealing Schooner " Caroleua " and on catch, viz.: J2500 on Hull of Schooner on a valuation of $4000 lilOOO on Catch Policy to be issued subject to usual conditions. HALL & GOEPEL, 50 Agt. California Insurance Co. Voucher No. S5. Victoria, B. C, May 31, 1886. ScH. "Carolena." To R. Baker & Son, Dr. Dealers in 6o Flour, Feed, and all Kinds of Grain, Fruits, Apples, Eto. May 18. 1000 bl. of Potatoes $12 60 Paid R. BAKER & SON. June 11, 1886. SI 7 72 6 00 6 00 ScHR. 10 (Kxliiltit No. |i). I Voucher No. '.W (a). Vi(;t()Ru, B. C, Fehy. i:i. I'^MJ. C.\KOI-E.\.\ " & OWXKHS Bought of Cahxk (Sc Mlt.ssie, Importt'is unci Scalers in CJnot'KKlE.s, I'hovisionh. t» Bujj.s Kloiif i?.s 'j:., '2 Tins syrup ^i^ lin |(» 111. Tea SM..'ii>. .-I II). cocoa >-2 iT) 30 " Butler iji'.t.oo, 2 (loz. milk i!<7 (»<• 2 Tins mustard ..'»(•, .salt .!'.'> 2(loz. Y. l*o\v(lt'r^<."),(Mt, I/i>(i()z. castor oil i? 3 baas moal $!..')(», 1/2 Lamp glasses .♦'.2. . 1/2 lb. Hojis .2."i, l(» bags potatoes * 1 1.2'.. . 60 " Onions iji2, 1/2 do/,. Tomatoes *!.2.'.. 1/2 doz. corn iH.ii5 1/-^ letln fiu r. 7r» hi 00 !(.5 (m; 2 12 11 50 2 7S H •_>:) 2 SU soap .»'((», Bucket .40 | oo ♦. Victoria, B. C, Feb. 15, 1886. ScH. "Carolena" Bought of Nesbitt & Co., Crackek Bakers. To 40 Boxes Pilot Bread 92 00 ,„ Reed. Payment, '° ' NESBITT & CO. Voucher No. 40. Victoria, B. C. May 16th, 1886. Schooner " Carolena " Dr. To Ah. Hook. To Vegetables ^10 90 Received Paj'ment, 20 (Chinese signature) Voucher No. 41. Victoria, B. C, May 19th, 1886. Messrs. Munsie & Co., Dr. to Robert Ward & Co. Commission Merchants and Importers, Shipping & In- surance Agents. 30 1(10 lbs. D. Min Kegs Powder at 70 cts 70 00 25 " T. do at 45 cts 11 25 81 25 Less 5^ 4 06 Paid 77 19 ROBERT WARD & CO. A, R. Langley 21/7/86. 40 Voucher No. 4'2. ScHR. " Carolena" & Owner.s To Gutmann & Frank, Dr. Commission Merchants^ ^ May To Mdse. as per bill rendered, 18 lOOctgs --- =^25 200 " - 6 50 Oil 25 50 1 set reloading '♦^25 1 M Primers 2 (lO 1(5 25 2 boxes Brass shells - - 4 00 2 " wads 75 100 40/60 mulin 3 25 ' 8 00 24 25 Less 300 " ctgs " to be retd ... 9 75 60 14 50 July 2nd/86 Rei-d. Payment, Pro GUTMANN & FRANK, T. Fish. L I 1 1 ^ »!', ?l! m ' 11 M M M II-;! n '-'4 (Exhibit No. 10.) Voucher No. 43. Duplicate Victoria, B. C. llth Feby. 1886. ScHB. "Carolena" & Owners Bought of The Hudson Bay Company, 1 sk. 28 lbs. A. A. A. shot 61/2 182 *° 1 keg F F Powder 5 (»0 2 M. Military Ci uncaps 1 50 3 oo 2 doz 5 1/2-in. knives .. 1 75 3 50 $13 .32 Paid, H. B. CO., H. A. L. M. Voucher No. 44. 20 May 12/86. ScHR. " Caroi.exa " TuSvK. "Pathfinder," Dr. 6 shot guns & appurtenance.s ^HO 00 8300 00 4 rifles 3(» 00 120 00 1000 lbs. sliot sc 80 00 1600 00 Paid July 7/87 30 ' CARNE & MUNSIE. 40. Voucher No. 45. Duplicate Victoria, B. C. 5th November, 1894. Messrs. Carne & Munsie To Drake, Jackson & Hklmcken. 1886. Aug. Oct. 50 «( 1886. 6oNov. 23 12 13 18 19 20 Re "Carolena." Attg. taking evidence of sea- men as to seizure Instructions for and drawing Power of Attorney Attg. you receiving instruc- tions for preparation of state- ment of damages for seizure of schooner y Making statement of losses aud settliug same and copy. Declaration and two copies... Attg. Mr. Muusie on his sign- ing Declaration Sent same to Minister of Ma- rine. Re "Clark." 1 7 Instructions to defend 3 00 18 Attg. you herein 2 50 20 Praecipe and attg. to enter appearance 1 90 Paid 30 Demand for security for costs. 1 00 50 00 H^. 22 24 10 1888. August 18 25 (Exhibit No. h>.) Instructions to apply for se- curity forcosts 1 00 Summons and paid 80 Copy and service l 00 Affidavit of service 1 00 Instructions to counsel 1 00 Atty. on return of motion Or- der made 5 00 Order. Paid for copy 110 Service on Theo. Davie 1 OO Attg. rec't Notice of Discon- tinuance 50 21 10 $n 10 Paid 7 N0V./94. 20 DRAKE, JACKSON & HELMCKEN. E. & 0. E. AC Our Bill D. J. & H. -'J Voucher No. Hi. Schooner " Carolgna " and Owners. To 30 A. L. Belyea, Dr. 40 1896. Oct. 1. To professional services re seizure of "Carolena" in Bebring Sea in 1886, and re claim for damages therefor $760 00 My Bill. A. L. BELYEA. Less Allowance for Bill of Di-ake & Jackson 71 10 $678 90 h: Voucher No. 47. Received Sitka, Alaska, 22nd Dec. 1886, of William Munsie Five hundred dollars, the same being in full for all costs and services in re Munsie et al. vs. the Govern- ment of the United States, in the matter of the seizure of 50Schr. "Carolina." WILLOUGHBY CLARK. Voucher No. 48. February 23d, 1888. Received from William Munsie , One hundred and fifty two Dollars "°in full for services and expenses attending to claim of Schooner " Carolena " at Ottawa. $152 00. J. D. WARREN. ft tii 10 26 (Exhibit No. 11.) Voucher No. 49. Victoria, B. C, October 1886. In the matter of the Br. Schr. "Carolena" and the Government of the United States by whose direction the Baid vessel was seized and detained. I claim the sum of Two hundred and fifty dollars for personal services and attention to this matter $250 W. MUNSIE. V^oucher No. 5(». In the Matter of the British Sch'r " Carolene " seized and detained. William Munsie claims that having been the owner of the said vessel he is entitled to receive payment for her 20 Hull Four Thousand Dollars. $4,000 00 EXHIBIT No. 11 (0. B.), CLAIM No. 1. (1.) DISTRICT OF ALASKA, U. S. Marshal's Office, 3° Sitka, November 1st, 1888. Messrs. Munsie & Co., Victoria, B. C. Gentlemen: I have the honor to inform you that I have received from the Hon. the Attorney-General of the United States orders to release to the rightful owners, the Schooner ** Carolena," her tackle apparel and furniture, as she now lies at the harbor of Ounalaska in the District of Alaska. The order 40 on the Deputy Collector of Customs at Ounalaska to de- liver to you the property is herewth enclosed. Very respectfully, (Sd) BARTON ATKINS, U. S. Marshal. SO (2.) DISTRICT OF ALASKA, U. S. Marshal's Office, Sitka, November 1st, 1 888. E. H. Wahl, Esq., U. S. Deputy Collector of Customs, Ounalaska, Alaska. Sir: You are hereby authorized and directed to deliver to the rightful owners, Messrs. Munsie «&Co. of Victoria, B. C., 5q the seized Schooner "Carolena," of Victoria, B. C, her tackle apparel and furniture, as she now lies in the harbor of Ounalaska. (Sd) BARTON ATKINS, U. S. Marshal. i^'-l 27 (Exhibits Nos. 12 and 13.) EXHIBIT No. 12 (0. B.). CLAIM No. t RECEIPT. CS5 Fur seal skins ) 12 Pup skins > In Kench in Go's ware- house. 1 Hair seal skin ) 1 Yawl 10 4 Canoes. 1 Kedge anchor 4 Gaff's (for sealing) 2 Spears. ;? Coils lines, small 2 1/2 in manilla Poor 1 Coil line, small, 4 in. manilla " Provisions and Utensils, i:'. Bags flour (50 lbs. each) " 2 Baking pans " 2 Boxes bread " 20 4 Tin plates " 1 Tea pot " 1 Box old paint Useless Received from Capt. C. A. Abbey, Com'dg U. S. R. M. Sir. " Corwin " the above mentioned property which I will liold until it is demanded by legal ai:<^hority. I ANDERSON. Deputy U. S. Marshal. Oonalaska, Alaska, 30 August, 14th, 1886. (Endoised)-Exhibit P. A. T. L. JOHN C. CANTWELL, 3d Lieut. U. S. R. M. i"Kl J' I I ,1 ini ii Fa EXHIBIT No. 18 (O. B.), CLAIM No. 1. INVENTORY. 40 Inventory of Articles on board the schooner " Carolina " of Victoria, B. C, seized by the U. S. R. M. Str. " Cor- win." for violation of Sections 1955 and 195C R. S., in killing seal in the waters of Alaska. 1 Schooner, the "Carolina" of Victoria, B. C. 1 Foresail - ..Fair. 1 Mainsail " 1 Jib " 1 Staysail boom topping lift Poor J Main throat halliards " ^ 1 Main peak halliards " 1 Fore throat halliards " 1 Fore peak halliards " 1 Peak down haul. Fore — " 1 Peak down haul, main " 1 MainSheet " 1 Foresheet " 1 Jibsheet " 1 set wheel ropes " f^ 2 Tanks for water Good. ^ 4 Ballstwine --.- " 1 Package lamp- wicks " 1 Locker asst. medicines (partly filled bottles) 1 Anchor lamp 2 Pieces cotton canvas. 1 Locker old junk. -h ! . 4\ I t ^" M 1 liH i Pill II »8 (Exhibit No. 13.) 2 Ancliors 1 Smoothini; plane 1 Set side lights 2 Lamps Fair 1 cross cut saw 1 Flash light Poor. I Monkey Wrench " io:2 Water barrels " 1 Ship'sbell Fair 1 Barometer " 1 Log slate " 2 Coffeepots " 2 Clocks " 10 Bars soap . " 1 Chart North Pacific " 1 Chart Barclay Sound... " 1 Chart Clayoquot Sound " 20 1 Mami glass " 1 Chart Aleutian Islands " 1 Butterdish " I Ship'scopper " 1 Screw-driver Poor 3 Main gaff and boom garkets " 1 Hammei'.. - *' 2 Oil Feeders - " 2 Gaff blocks, main " . 2 Gaff blocks, fore " 1 Grindstone " 1 Shovel. " 8 Row-locks " 5 Sprit sails " 1 Pair sweeps " 6 Paddles " 4 Pail's oars " 1 Chronometer (Thomas Hewitt #807) 1 English Ensign " 2 Cables Fair 40 6 Oompasses, 1 spirit, 5 dry 5 fair, 1 good. 30 fU. 29 (Exhibits Nos. 14 and 16). EXHIBIT No. 14 (O.B), CLAIM No. 1. CERTIFICATE OF SURVEY. Name of Schooners, ■• Ctrolena." Port of Inteoiled Registry. Victoria Britiith Columbia. Official Number if there has been any formar Registry. Wlieilier British or I Whether sailing or a I Where built. I When built. Fdi'i'ign Built. | steam vessel, | Rebuilt: Vic- fQ I toria B. Culum- Rebuilt April liritish. I Sailing. | bia. | 1884. Name and address of Builders, John J. Robinson, Vic- toria B. C, Rebuilder. Kuniiid- of Dt'cks. XuiiiImt of mast. . KiRi-MMl Stern Frsnifwork , One A a cabin deck. ..Two. . Schooner. ..Elliptic. .Wood. Feet. Tenths. Length from fore part of stem under the bow- sprit to the aft side of head of stern post. . . R5 8 Main breadth to outside ol pUnk 16 6 Depth ill hold from Deck to ceiling amidships n 6 PARTICULARS OF TON.NAOE, GroHS Tonnage. I'ndcr tonnage Deck 2« 06 Poo|i or cabin 1.86 •'-'Hu (ithpr closed in spaces. (iiufS Tonnage 27.S6 No. of Tons. 27,36 I the undersigned Walter Walker Acting Measuring Surveyor of Ship- ping for the Port of Victoria B, C. having surveyed the above named schooner, Hereby Certify that the above particulars are true, and that her name is marked on each of her bows, and her name and the Port of Reg- istry are properly marked on a conspicuous part of her stern and a scale of feet marked on each side of her stern post in manner directed by the Meicliants Shipping Act 1873. ) Dated at Victoria, British Columbia this 10th day of April 1884, Signed W. WALKER, Acting Surveyor, 40 50 EXHIBIT No. 16 (G. B.), CLAIM No. 1. Reports and Extracts from Logs. The Western Union Telegraph Company. Received at Corcoran Building, S, E. Cor. 15th & F. Sts. Washington, August 18, 1886. Dated San Francisco, 18 To The Secretary of the Treasury, Washington, D. C. I am requested by Captain Abbey, of " Corvviu," to in- form you that he seized the American schooner " San Diego," and the Enghsh schooners " Thornton," " On- ward" and "Carolena," near Seal Island. GEORGE R. TINGLE, Treasury Agent. Go Office of Special Agent of the Treasury Dep. San Francisco, Aug. 18, 1886. Hon. C. S. Fairchild, Acting Secretary of the Treasury Washington, D. C. Sir/— On my arrival at Ounalaska I met the revenue cutter " Corwin," Captain Abbey, in charge of four schooners, viz., "San Diego," " Onward," "Thornton" and "Caro- lena," the last three English from Victoria. Captain Abbey has, unfortunately, been short of coal or he would have made more seizures. He has, however, been very active and done good work. I urged him to remain if he could, cruising around the Island until the Bear arrived ■: I il' 80 (Exhibit No. 15.) to relieve him. If he should be obliged to leave the waters earlier on account of the non arrival of the coal vessel, which up to our leaving Ounalaska had not been heard of, it will be unfortunate as the fleet of schooners will play havoc among and with the seals. If the cases now under seizure are convicted, the marauding will be broken up; if not, seal life will be seriously assailed next year by a larger I o fleet of vessels. I earnestly hope that no efforts will be spared to convict Captain Abbey's prisoners, as he has certainly done his part well. I telegraphed you as per his request, also of my own arrival. I am, very truly GEORGE R. TINGLE Treasury Agent. U. S. Revenue Steamer, "Cokwin." 20 Ounalaska, August 7, 1886. Tlie Honorable The Secretary of the Treasury. Sir/— 1 respectfully report the return here of this vessel under my command on August 2, 1SS6, after a cruise to the seal Islands and their vicinity, in pursuance of department in- structions of May 28. 1886 (P. B.) * * * On Sunday, August 1, 1S8»!, while cruising about sixty- five miles s. e. of St. George Island, the British schooners 30 "Thornton" and "Carolena" were found with boats down engaged in killing fur seal. As each boat was taken in the act, and had freshly killed seal on board, the schooners were seized for violation of sec. 1956, R. S. and taken in tow to Ounalaska liarbor. At 5, A. M. on August 2, 1886, the British schooner " Onward " was spoken, at a. point about 120 miles s. e. of St. George Island, and as the master reported that he was sealing and had taken about 400 skins in the water near where I found him, I caused the seizure of the vessel for 40 violation of Sec. Ilt56 R. S., and took her in tow also. As each of these vessels had from eight to ten breech- loading guns and ammunition for the same, without per- mit, as piovided by law, I seized them for violation of Ex- ecutive Order of July 3, 1875, and proceeded toward Ounalaska, reaching that port on the night of August 2, 1886, where I anchored and secured the seized vessels, tak- ing the,arn)s and amnmnition on board the " Corwin " for safety and safe keeping. I have now four schooners (in- cluding American schooner "San Diego") with over 2000 CO seal skins and some other propertv on my hands. I will retain on board the "Corwin" the remaining masters and mates, whom I will hold as principals until I can reach Sitka and deliver them in charge of the Court. The British vessels I will lay up securely within the inner harbor of Ounalaska, placing the sealskins in "kench" on the Alaska Commercial Company's ware- house and under seal. The other property, as salt, boats, sail &c., I will have fully inventoried and put in a place 60 of safety and deliver the same on charge of Deputy tJ. S. Marshal Isaac Anderson at this place, except the firearms and ammunition, as above eimmerated, which I will retain on board the " Corwin." * * * Your Obedient Servant C. A. ABBEY, Capt. U. S. R. M. 81 (Exhibit No. 15). U. S. Revenue Steamer "Cobwin." Sitka, Alaska, September 3, 1886. Hon. Secretary of the Treasury, Washington, D. C. Sir/- I have the honor to report the arrival here of the '^revenue steamer " Corwin " under my command as of August 24, 1886, at 5 P. M. * * * Upon arriving here I reported my seizures to the U. S. District Attorney, who had been advised in advance by the arrival of the schooner "San Diego," on August 23rd, and laid informations against the masters and mates of the seized vessels for violation of section 1956, R, S., whereupon they were removed from the "Corwin" and taken mto custody by the U. S. Marshal. All were arraigned at a special session of the U. S. District Court, "° Judge Lafayette Dawson, and the masters and mates of the British schooner "Thornton" and the American schooner "San Diego" were convicted, the former by a jury, the latter by the Court, and sentenced to fine and imprisonment. The other two criminal trials, of the "Onward" and "Carolena" parties, will come on as soon as a new jury can be obtained. The admiralty cases I have not fully decided how to proceed with. There may be a doubt as to the jurisdiction of the Alaska Court in their regard, and T will endeavor to settle it before ^° proceeding at all. * * * Very respectfully, Your Obedient servant C. A. ABBEY, Capt. U. S. R. M. m i'i ■■' U. S. Revenue Steamer " Corwin." Astoria, Oregon, Sept. 22, 1886. '^^ Hon. Secretary of the Treasury, Sir, Washington, D. C. I would respectfully report the arrival here on the 22nd iust. of the revenue steamer "Corwin" under my commaud, from Sitka, September 10, via Nanaimo, B. C, September 17th Port Townsend, W. T., the 18th, and Se- attle, W. T., the 20th. Referring to my letter of the 3rd instant from Sitka, I 50 would state in continuation that I remained at Sitka in continuous attendance at Court up to the date of my de- parture. The masters and mates of the seized sealers were all criminally convicted and sentenced to various terms of imprisonment and fines. As it would have been impracticable for the " Corwin " to remain at Sitka till the October term of court when the libel cases were to come up, full depositions were made by myself and officers in the suits against the vessels "San Diego," "Thornton," " Carolena " and "Onward." 60 I have the honor to be. Your Obedient Servant, C. A. ABBEY, Capt. U. S. R. M. ^ 1 MM ■ MM 32 (Exhibit No. 15). Extracts from Loo of Revenue Steamer "Corwin" Season 80. St. Georgk Island, Sunday, Aug. 1, 1886. At 4.45 p. M. Htojiped and picked up boat with five men, containing 8 seal and rifles belonging to schooner "Thorn- ton," of Victoria. 4.45 ahead, picked up second boat. ,Q5.Si(t ahead. ■* * * fi to 8 p. m. as per cols, boarded "Thornton," picked up two more boats containing seal, seized tlie schooner and took her in tow. 7.30 stopped and seized schooner "Carolena," of Victoria. 7.40 ahead. 8. stopped to pick up four boats belonging to "Carolena." Took all arms and ammunition on board the "Corwin." * * * 8 to midnight as per cols. 0.05 having taken up fourth boat and last, placed officers on each schooner, steamed ahead with both schooners in view. 1.30, set jib and main stay sail. Sea highly phosphorescent. Position 2Q of " Thornton " when seized, 168.25 west, 55.45. n. lat. Position of " Carolena " when seized, 168.10 w. 55.30 N. Bering Sea, Monday, August 2, 1886. * * * 3.45 A. M., sighted a schooner N. W. and W. 3/4 W. Stood for her. 4.10 sighted a schooner to Sd, but found it impractiable to pursue her. Stopped her in all sail. Spokti Schr. " Onward," of Victoria, master ac- knowledging catching seals in Bering Sea. Seized her. 5.40 ahead, with schooner in tow. * * * Stood into JO the harbour of Ounalaska. 8 to midnight as per cols. 8.40 cast off from schooners and anchored them. 8.50, made fast to wharf at Ounalaska took all boats belonging to schooners on shore. Position of schooner " Onward " when seized 55 10' N., Long. 167 40' W. Ounalaska, Aug. 7, 1886. Released from custody, 19 men and sent them from schooners "Carolena" and " Thornton," on board, str. " St. Paul," for transportation to San Francisco, with ra- 40tions for twelve days (245), it being impractiable to detain them longer. Daniel Munroe, n)aster of the "Onward," and M. Guttormsen, Master of Schooner "Thornton," en- tered a written protest against their vessels and cargo, stating that they were ignorant of the law and innocent of wrong intention. Ounalaska, Tuesday, Aug. 3, 1886. * * * The following comprises the amount of powder and ammunition taken from the schooner "Thornton." 5° "Carolena" and "Onward": "Thornton." four rifles, six shot guns, 420 rounds of fixed ammunition for rifles, 857 rounds fixed ammunition for shot guns, 100 lbs. powder and one keg partly filled." " Onward ": 13 shotguns, one rifle, 1 can powder partly filled, 1/2 bag buck shot, 3 small bags containing caps, etc. "Carolena": 4 rifles, one musket, 5 shot guns, 99 rounds shot gun ammunition, 24 rounds fixed ammunition for rifles. 6o Ounalaska, August 4, 1886. * * * Vessel detained in port watching the seized vessels, there being no wharf room to discharge their seal skins, a guard from the " Corwin " on each vessel. 83 (Exhibit No. i:.). Olxai.aska, AiigiiHt !>. 18S»t. * * * Bmngiit from scliooiuT "Canilciia" 14 \/2 hags shot, 1/2 nap; IjiiIIpIh. 4'» hags wada, ;U!t riflo cart- ridges, 72 shot gun cartridges, i:t huxos pcrcussiDii capr, ahoiit CO Ihs. powder. |:« 10 OrXAI.ASKA. August 11. ISMri. * I'lit 211 Indians from scliooiipr " Onward "' and 2 from " Thornton " on board " San Diego "' for transpor- tation to Sitka. 11. IT) A. M. schr. "San Diego, with Quartermaster \Vill)ar in cliarge loft tiie iiarhor vvitli orders to nrocot'd to Silka and repoi t to tiie Mar.siiril sliouid he arrive before th«> " Corwin." Hroiiglit on board cliro nometers from schooner " Onwiird," " Caroleiia '" and "Thornton." Kemoved 4(>'j .seal skins from schi'. "On- ward," and stowed tiieni in A. 0. Co.'s wareiiouse for safety and preservation. Taking inventory of property on schr. "Onward." Captain and mates of scins. "On- ward," Carolena "and "Thornton " came on lioanl, served them a ration each. OUXALASKA. August 12, ISSC. At i) took schooner "Onward" in behind E.xpedition Island and moored her in seven fathoms of water, 25 fathoms chain on each anchoi'. Brougiit .schr. "Caro- lena" alongside wharf, cresv discharging seal skins. 3oStored 68.5 seal, J2 pup skins and 1 liair seal skin in Com- pany's warehouse for safety and ))rcservation. Took in- ventory of property on "Carolena." unbending sails and storing them below. At 3 finished inventory, there being too much wind to tow her with boats, anchored her in stream. Brought on board 25 lbs. powder found in hold of "Carolena." OuNALASKA, Saturday Aug. 14, 8tl. * * * Delivered to U. S. Deputy Marshal Anderson, 408chrs. "Thornton," "Carolena' and "On^^ard," with inventory of property on each schooner, also seal skins as per inventory. At Sea, PACiFir Ocean, Aug. 21, 86. * * * Master of schooner "Carolena" entered pro- test against the seizure of this vessel, stating that he was innocent of violating the U. S. laws in killing fur seals in Alaska waters. 50 Sitka, August 25, 1886. Delivered to the custody of the U. S. Deputy Marshal the following prisoners: Daniel Munroe, master schr. "Onward," Victoria. James Ogilvie, master schr. "Carolena," Victoria. James Blake, mate "Carolena." Hans Guttermunsen (Guttormson), master "Thorn- ton." Henry Norman, mate "Thornton." 6o John Johnson, mate "San Diego," San Francisco. Patrick O'Neill, seaman, " San Diego," San Francisco. Sitka, August 27, 1886. * * * Delivered to U. S. Marshal Atkins arms and ammunition taken from seized schooners. II 34 (Exliiltit No. 15). Sitka. Aiinii^t :i(i. IRHd. * * * ComniaiKliiignrtitfi' 1-ts. h'luKlfs, (jint well and Pilot Donglnss tt'stitictl in tlif iiiso of tlio Hcliooner "Tliornton." Sitka, Auk. ;iI, Ihhi. Master and male of the "Thornton" were found fjuilty • oby a jury; tli»i roriu<'r Wiis srntencfd to thirty days iin- prisonnifnt and .^.^lo tinr; tii(f hitter tiiirty days imprison- ment and !?.'!(tn line. Delivered io V . S. MarHhal f^irton Atkins inv»'ntories of s(hr.«. •"Thornton." "Carolona," "Onwaid" and "San l)iej;o." their caig"*'^. tackle and outfit, and received rec eipts for same from him. Vessel detained in port awaiting action of U. S. Court. Sn'KA.Sept. r., 188fi. Commanding ofticer and others attending court in case ^°of schr. "Onward" and "Carolena." Crew variously employed. Master and mate of schr. " Onward " con- vi( ted hy a jury, the former fined ^l'(M) and two months iniprisonment, the latter thirty days imprisonment. The mate of the " Carolena " convicted hy ttie .Judge and sen- tenced to ten days imprisoi\nient, this liglit sentence heing imposed hecaus(> he was the only man of the prisoners wlio told the truth and acknowledged his guilt. 40 30 Ma KINK U. S. Htkamek "Kl'sh." OUNALASKA, Aug. 11, 1887. Hon. Chas. S. Faihchim), Secretary of the Treasury, Washington, D. C. Sir/— * * •» * « * » On same date (August i N., long., 107.20 W waters of Alaska territory, I seized for violation of law, Sees li*.").') and liii")*! li. S. the British schooner " Alfred Adams," of Victoria, B. ('. t>8, 75/100 tons regis- ter, VV. W. Dyer, master, Hugh Mackay. of Victoria, B. C. m.-^naging owner, on a sealing voyage. He had heen in Brh; ing sea since July in. and was found t(» have 1382 seals > l.ins on hoard. When lioarded she had fourteen df 'ul seal recently killed, hut not skinned, on deck. Her tiev consisted of four white men, twenty one British Columbia Indians and one chinaman. I have taken the papers, arms and ammunition and seal skins out of these vessels and have directed their captains to proceed with their vessels to Sitka, and upon arrival at that port to set their crews at liberty, and to report in person to the U. S. District attorney or U. S. marshal. (The " Alfred Adams " proceeded to Victoria instead of to /;„ Sitka as ordered) 50 I am, very respectfully, L. D. SHEPARD. Capt. U. S. R. M. 8& (Exliibit No. i:.i. U. S. Kevknuk Makink Stkami-.k "Bkar" t)L'XAI,AHKA. A. T. AllHllht 27. l^HT lliiii. Secretary of tin' Treasiiri/, VVnshiiintoii, I). ('. Sir/-- 10 On tlu! 2;ii(l Aiijiust we aiiclion'tl (iff St. I'aiil's i>ilanfl, and on tlio 2."»tl», while steaming towards (Jiin.ilaska, we at'izcd out' Aniciican HchoontT, witli nearly sixteen hnn- dred seal skins on Itoard, and tli*> |{i'itis!i KclioontT " Ada" with »'ijiht»'d and seventy six -n'al skins. 'I'ljese two vessels were towed into( ►inialaska iiaihor, theii' skius discharged and stowed in the (Jovernnient coal shed. The Anieiiran s(;hooner " Allie I. AlKei"will to-day sail for Silka. with Lient. O. ('. Harnl»;t in chaige, and the " Ada" will also sail with Seaman Thomas Powers in 20(.|,arfi;i>. hoth vessels being towed to sea hv the revenue steamer " Hush." * * * * ■;> * » Very respertfidly Yonr Obedient servant M. A HEALV, Captain l'. S. R. M. 30 40 Behrino Ska, ckuisixg, and Ounalaska, Thursday, August •2'>th, 18s7 * * * Sighted a schooner bearings e. X e. and steered for her. At lo a.m. boarded British sehr "Ada." of Siianghai. seized her with isnn skins, and ;{n dead seals on hoard, leaving :>rd Lieut Kennedy in charge of her. * ■* * At li'.iT) p m. took Br. schooner ' Ada" in tow and steered sonthwani toward Ulahtka Head. * * * At-2.40p.m, L'lahtka Head abeam. Stood in for Ounalaska harbor. At. .">.:{•• moored to buoy and anchored the prizes. OuNAi.AsivA, Friday, Aug :iii, Iss7 * * * Hauled Br. sehr " Ada " alont;sidH of wharf, ilischaiged ls7ti seal skins from her and stored them in (iovernnientcoal shed. * Crew employed restoring skins and getting sehr " Ada " ready fur sea. At Ska. Sunday, .inly 17, 18.S7 At II. n.") a.m. fog lifted, saw a schooner hearing o.n e. 50 At II a.m. in all sail. At II. -in in lat .j.") «i:?. long. lt;s.4o :{o vv. stopped, and Lieutenants Hail and Henham boarded and examined British schooner "(iiace." of Vic- toiia, B. C, Wni. Pettit. ma«iter, on a sealing voyage. Had been ten days in the Behring sea. Caiitain re- portt d about <)<»(» sealskins on board, of which 200 were taken in the l-!ehring sea. Crew consisted of six white men * * * 04 Indians and one chinaman. When the schooner was boarded she had 12 canoes and one boat out hunting seal, from which several dead seals "'' were passed on board the schooner, when they returned to her. Saw one seal shot and taken into the boat befoie she reached the schooner. Waited until 6.15 for canoes to return, they being a long way off. Saw 12 seal passed out of one canoe. The last canoe having returned to the schooner, took possession of theschooner's papers and seized ^w:^-*^- ' -fl- ■1! nP WW. 8«t I, • (Exhibit No. 1")). tlie vessel for violation of sec. lOiiti R. S. Put Lieut Ben- ham with two seamen on hoard in charge of iier and took the vessel in tow, Captain Pettit refusing to look aftei' his vessel lonj;er. At ti.2H steamed ahead on course. Sgd. L. G. SHEPARD. Captain. '° Saturday, Aug. fi, iss7. * * At I.;?") p. M. discovered a sail to Nd., kept n.n.w. P. L. !»,■).'). At :>.47 stopped P. L. 5-1/4. Lieut.s. Hall and Dunwoodv hoardeci the Hr. schr. " Alfred Adams," of Victoria. H. C. t'.s, 7*)/loo tons. W. \V. Dyer, master, and Hugh Mackay, of Victoria, B. C. managing owner, having cleared from Victoria on June l(>, on a fishing and huntirig voyage to N. Pacific and Behriiig sea. Crew con- sisted of four white men. 1 chinanvin and lil B. C Indians. When boarded. 14 dead seal recently killed but not yet skinned were found on deck. The vessel had beerj in the Behring sea since July lo, and was found to have l.SS:2 seals skins on board, all of which with her arms and am- munition, namely, 7 double bl. B. L shot guns ;5. bl. VVin- cbestpr rifles, two single barrel muskets, :? and a half kegs of powder. liiV* loa(led shells for shot guns, [!•() enipty shells, llo cartridges, ;44, for Winchester rifles, 70 cart- ridges S4.5, and tA cartridges, small, and loUd primers, were transferred to the '• Rusii." Seized the vessel for viola- tion of sec. lit').") and l!t.")tt R. S., and executive order dated May 4, Iss7. and directed her captain to proceed with his vessel, "Alaska," and on his arrival to set his crow at liberty and report in person to the U. S. District Attorney or U. S. Marshal. * « * 4 t^ (; p ^ laying by schr. " Alfred Adams," transferring the skins with arms and ammunition to the " Rush." OUNALASKA, Thursday, Aug. 2"), 1S87. * * * At ;?.30 p. M. revenue steamer " Bear" arrived ■ o in the harbor with two schooners, the " Ada " of Shanghai and the " AUie I. Algar," of Seattle, in tow. * * * The master of the "Ada" is James Gaudiu, Frederick E. White is managing owner, the crew being composed of eight white men and 14 Indians, and had on board 1876 seal skins -is of (if), 23/1^ tons register. (Exhibit No. 16). 1 8 sis

3 ►» o s" i $ I M .9 2 s 05 CO 3 s; :; i 5 s 3 g II I. a S 01 A a S ,3 t? £ H a o o o M 3 Q O .2" c o3 01 n u r. . a 3 S S 111 S c ■« t» ^ 1 2 a > M e I o £ ^1 U P3 I (3 i s i a * 1 iiss^issstifi^^^ S 8 5 8 S5 S S i 1 = = - - •• 1 I Its I a £ I I 'a & ^ A ^ 8 i« o » M-v ' 'k IMf! 38 (Exhibits Nos. 17, 18 and 19). EXHIBIT No. 17 (Q. B ). CLAIM No. 1. Migration Chart (No. 3) showing position of Alaskan Seal Herd. By order of the Commissioners on consent of counsel it is not printed. 10 EXHIBIT No. 18 (0. B.), CLAIM No. 1. Note book of Andrew J. Laing, referred to in his deposi- tion as "Exhibit A." By order of the Commissioners on consent of counsel it is not printed. EXHIBIT No. 19 (G. B.)» CLAIM No. 1. United States, District of Alaska, ss. ; ^^ Pleas and proceedings began and had in the District Court of the United States for the District of Alaska at the May Term 1886. The United States / vs. V No. 85. James Ogilvie. ) And on Aug. 25 1886 the plaintiff (. . i a .jcion for leave to file an Information in said cuu-se, which is in w^ords and figures following, to wit: In tlie District Court of the United States for the District ^ of Alaska. The United States ^ j^^^^j^,, ^^^ ^^^^^ ^^ jjj^ ^^ information James Ogilvie. j "Revised Statues, Section 1956. Comes now M. D. Ball, U. S. District Attorney for Alaska, and moves the Court for leave to file an infor- mation charging James Ogilvie with a violation of Section 1956 of the Revised Statutes of the United States. Dated, Sitka, August 25 A. D. 1886. 40 M. D. BALL. U. S. District Attorney for Alaska. (Endorsed)— No. 85. — In the District Court of the United States District of Alaska.— The United States vs. James OgiNie. — Motion for leave to file an Inforu'a- tion. And afterwards on August 25th, 1886, the foli w; mk further proceedings were had in said cause and appear uf record, which are in words and figures following, to wit: In the matter of the United States ) No. 85. 50 Motion for leave to file information. District Attorney for vs. James Ogilvie. Comes now M. D. Ball U. S. Alaska, and moves the Court for leave to file an informa- tion charging James Ogilvie, with a violation of Sec. 1956 of the Revised Statutes of the United States. It is con- sidered and ordered by the Court that leave be granted. In the District Ooui'tof the United States for the T" '>trict of Alaska 60 The United States | vs. > Information. James Ogilvie. j District of Alaska, ss. : James Ogilvie is aco -^d by M. !). Ball, U. S. District Attorney for Alaska b} *h!3 information of the crime of 39 20 (Exhibit No. 19). killing fur seal within the Territory of Alaska, and in the waters thereof, committed as follows: The said James Ogilvie on the first day of August, A. D. 1886, in the District of Alaska and within the jurisdiction of this Court, and within the limits of Alaska Territory, and in the waters thereof did kill 30 fur seal. Contrary to the Statutes of the United States in such cases made and 10 provided and against the peace and dignity of the United States of America. Dated at Sitka, the 25th day of August, 1886. M. D. BALL, U. S. District Attorney for Alaska. District of Alaska, ss. : I, M. D. Ball, U. S. District Attorney for Alaska, being dulj sworn say the within information is true, as I verily believe. M. D. BALL. Subscribed and sworn to before 1 me this 25th day of August > A. D. 1886. ) [l. s.] Andrew T. Lewis, Clerk. (Endorsed)— No. 85.— In the District Court of the United States for the District of Alaska. — The United States vs. James Ogilvie R. S. Sec. 1956. — Information. — Filed Aug. 25 A. D. 188^1. ANDREW T. LEWIS, 30 Clerk. And on the same date the following further proceedings were had and appear of record in said cause, which are in words and figures following, towit: In the matter of the United States 1 No. 85. vs. ' > Information. Sec. James Ogilvie. ) 1956. R. S Comes now the parties above named, M. D. Ball, U. S. District Attorney for Alaska, for plaintiff and the defend- 40 ant in his own proper person and being duly arraigned upon said information filed, for plea thereto says he is not guilty as charged in said information. And on Aug. 25, 1886, the following further proceed- ings were bad and appear of record in said cause, which are in words and figures following, to-wit: In the matter of bail. It is ordered that bail for J. Marketich, Chas. E. Raynor, John Johnson, Patrick O'Neil, James Blake, Hans Guttormsen, James Ogilvie, Henry Norman, and ^ Daniel Monroe be and the same is hereby fixed in the sum of five hundred ($500.00) dollars each and in default of which to be committed to the custody of the Marshal. And on August 26, 1886, the following further proceed- ings were had and appear of record in said cause which are in words and figures following, to wit: In the matter of the appearance of W. Clark and D. A. DiNGLEY. At this time come W. Clark and D. A. Dingley, Co Attorneys of this Court and enter their appearance m ctuses. No. 80, No. 81, No. 82, No/83, No/84, No. 85, No. 86, No. 87. And afterwards to wit on August 26, 1886 the following further proceedings were had and appear of record in said cause, which are m words and figures following, to wit: i.fe 'IM: m I ■ ' I >l 40 (Exhibit No.- 19). In the matter of personal recognizance — Now at this time come W. Clark and D. A. Dingley and move the Court that J. Marketich, John Johnson, James Blake, Hans. Guttormsen, James Ogilvie, Henry Norman and Daniel Monroe be admitted to bail upon their personal recognizance. It is ordered that the above named de- fendants be admitted to bail in the sum of five hundred '° ($500.00) dollars upon their personal recognizance to be and appear at each and every day of Court till duly dis- charged. In the matter of the Recognizance of — Now at this time come J. Marketich, John Johnson, James Blake, Hans Guttormsen, James Ogilvie, Henry Norman and Daniel Monroe and acknowledge themselves each indebted to the United States in the sum of $500.00 for their appearance at each and every day of the term of 20 Court or till duly discharged. In the matter of the time for trial- It is ordered that cause No. 79, 80, 81. 82, 83, 84, 85, 86, 87, be set for trial Monday August 30, 1880 at 9 o'clock, A. M. And afterwards to wit on August 30 1886 the following further proceedings were had in said cause and appear of record, which are in words and figures following to wit: ,Qln the matter of the United States ) No. 85. James Ogilvie. ) Motion to forfeit bail. Now at this time comes M. D. Ball U, S. Attorney for Alaska, and moves the Court that the personal recogni- zance of James Ogilvie given August 26 1886 in open Court, wherein he acknowledged himself indebted to the United States in the sum of five hundred ($500.00) dollars be for- feited for the reason he has failed to comply with the con- ditions of said recognizance. It is ordered that the said 40 James Ogilvie's bail be forfeited and that a Scire facias and Alias writ be issued. United States of America, • District of Alaska, I, Charles D. Rogers, Clerk of the District Court of the United States of America, for the District of Alaska, do hereby certify that the foregoing pages numbered from 1 to inclusive, contain a true and complete transcript of the record and proceedings had in said Court in the case of the United States, pltf., vs. James Ogilvie, defend- ^ ant, as the same remain of record and on file in said office. In testimony whereof, I have caused the seal of said Court to be hereunto affixed, at the town of Sitka, in said District, the 9th day of November, A. D. 1896. CHARLES D. ROGERS, [seal.] Clerk. S ss. ; 60 EXHIBIT No. 20 (G. B.). CLAIM No. !■ Certified transcript of Record and Proceedings in United States District Court in Alaska in case of United States vs. James Blake. The proceedings in this case were the same as against James Ogilvie as shown in Exhibit 19 (G. B.) printed h • ! 20 41 (Exhibit No. 20). above except as to certain portions specified below, and by order of the Commissioners on consent of counsel, only such portions are here printed. United States vs. James Blake. Evidence of PRoaEcuxioN. Capt. Abbey. -On August 1st, between 5 and 7 P. M., I '° was in Bering Sea busy seizing boats which were get- ting fur-seals contrary to law. First 1 spoke the ' ' Caro- line " of Victoria B C. She was lying a short dis- tance from schooner. Steamed up to her and saw the master and mate on deck. Could not recognize them at first but afterwards ^aw who they were. I hailed her and found she was a sealer. The Cap- tain said the boats weie away to the S. W. Very soon we saw the boats in the distance. I forget the questions I put to the Captain, but we saw dead seal from the "Corwin's" deck, lying on the schooners deck. I called the attention of someone to them; I directed her to be seized and threw a line aboard. I found the boats and canoes. I examined them and found them full of dead seals. I approached the boats and saw them firing and drifting down getting seals. The boat coming alongside in the dark won- dered what schooner it was, tacked and hailed us. J. C. Cantwell.—I was put in charge of the schooner to take her to Oonalaska, and made sail for same island. ^° I saw fur seal on board. I saw the defendant, he was mate on board the schooner. (Endorsed) — No. 83. — United States vs. James Blake. — Evidence.— Filed Sept. , '86. ANDREW T. LEWIS, Clerk. In this proceeding the following order appears in place of the order to forfeit bail appearing in Exhibit No. 19 (G. B.). 40 And on September 6, 1886, the following further pro- ceedings were had and appear of record m said cause, which are in words and figures following, to wit: In the matter of the United States ) va. [ No. 83. James Blake. ) Now at this time this cause coming on to be heard upon demurrer M. D. Ball U. S. District Attorney for Alaska appearing for the United States and W. Clark and D. A. Dingley for James Blake, the Court now being fully ad- vised in the premises: It is considered and ordered that the demurrer be overruled. And now upon motion to dis- miss for want of jurisdiction: It ts ordered that the ^ame be overruled. And now this coming on for trial 'opon plea heretofore made to information and appearing oy their respective attorneys, and the defendant James Blake personally waive a jury and agrees that the cause may be tried by the Court. Whereupon the following witnesses were called sworn and testified on the part of the United States: Capt. C. A. 50 60 Abbey, J. C. Cantwell, and J. H. Douglas. After Avhich the plaintiff rest; the defendant having no evidence to offer, rest. The Court now being fully advised in the premises, the defendant James Blake is found guilty and lieing arraigned for sentence and being asked if he has any reason why the judj^ment of the Court shall not be pro- ,' !^ !»•. 1 i . 1 I -1 r 42 (Exhibits Nos. 20, 21, 22, 23, 24, 25, and 26). nounced against is not able to give any, and said defend- ant waiving further time to receive sentence; It is consid- ered and ordered that the said James Blake be imprisoned for the term of ten (10) days. EXHIBIT No. 21 {Q. B.), CLAIM No. 1. '° Counter Case Chart No. 1, showing cruises of United States Naval Vessels between July 15 and August 15, 1891. EXHIBIT No. 22 (G. B.), CLAIM No. 1. Counter Case Chart No. 6, showing positions and num- ber of seals observed and reported by United States Naval Vessels in Behring Sea during the season of 1892. 20 EXHIBIT No. 23 (0. B.), CLAIM No. 1- Chart in Vol. II. American Reprint between pages 574 and 575, showing cruise of British schooner "Ada" in 1887. EXHIBIT No. 24 (0. B.), CLAIM No. 1. Chart in Vol. II. American Reprint between pages 530 30 and 631, showing cruise of United States schooner " Annie" from San Francisco in Behring Sea in 1887. EXHIBIT No. 25 (G. B.), CLAIM No. 1. Chart in Vol. II. American Reprint between pages 524 and 525, showing cruise of United States schooner " Ellen " in Behring Sea in 1887. 40 EXHIBIT No. 26. (0. B.), CLAIM No. 1. Picture of Indian sealing canoe and sealers, showing method of throwing spear. 43 (Exhibit No. ;W). EXHIBIT No- 27 (0- B.), CLAIM No. 1. i .J.' ABSTRACT. Abstract from the book produced by William Bragg, showing the names of the hunters in the Mary Ellen in 101886, the days on which they sealed in Behring Sea in that year, and the number of seals taken by each hunter from day to day. John Jacobson. August. 1, hunting 23 seals 2, hunting 1« 8, hunting 6 4, hunting 6, not hunting. ... 1, from schooner 6, not hunting. ... 7, hunting S6 8, hunting 14 9, hunting 28 10, hunting; 28 11, hunting 1, half day 12, nothunt'g 18, nothunt'g 14, not liunt'g 16, hunting 9 16, nothunt'g 17, nothunt'g 18, nothunt'g 19, hunting 36 20, not stated 21, hunting 15, half day 22, not hunting. ... 23, hunting 9 24, hunting 7, half day 26, not hunt'g 1, from schooner 26, nothunt'g . 27, nothunt'g 1, from schooner 28, nothunt'g 29, not hunt'g .... I , out for sleepr. 220 seals. 28, hunting 8 seals 29, not hunting . . . . SO, hunting 4 20 12 seals. July. 1. hunting . 8 2, hunting . 3 8, hunt'g 2 hrs. . . . 4, not hunt'g . , . . 6, nothunt'g . 6, hunting . 2 7, nothunt'g . 8, hunting . , . . . . 86 9, nothunt'g . 10, nothunt'g . 30 11, hunting . 2, half day 12, hunting . 16 13, hunting 16 14, hunting . 6 16, hunting . 6 16, hunting . 7 17, hunting . 10 18, hunting . 24 19, nothunt'g . . . . 20, not hunt'g . I , from sch 21, hunting . 9 22, hunting . 26 23, nothunt'g. .. . . 40 24, liunting . 8, half day 25, hunting . 14 26, hunting . 0, 2 hours 27, nothunt'g. . . . . 28, hunting . 8 29, hunting . 46 80, hunting . 86 81, hunting . 17 286 50 DEFRIEa. June. 28 2 Hunling 29 Not hunting 30 6 Hunting July. 1 1 Hunting 2 2 Hunling 8 Hunting (2 hours) /;_ 4 Not hunting 6 Not hunting 6 1 Hunting 7 . . Not hunting 8 82 Hunting t Not hunting 10 Not liunting 11 1 Hunting (half day) August. 1 40 Hunting 8 14 Hunting » 12 Hunting 4 1 Hunting 6 Not hunting 6 .... . Not hunting 7 19 Hunting 8 Hunting 9 16 Hunting 10 18 Hunting 11 8 Hunting (half day) 12 Not hunting 18 Not hunting 14 Not hunting 16 8 Hunting (half day) 16 Not hunling ■I "I- m^ U 13 16 UuotiDK >« 27 HuDtinI '* 6 Hunting '6 7 Hunting '8 4 Hnnling •' Hunting 18 19 Huntinl 1' Nothnntiuff 20 Not hunting lO^l 9 Hunting 22 to 27 inclusive torn out 28 6 Hunting 29 88 Hunting 80 21 Hunting 81 Not hunting Total.. 246 (Exhibit No. 27). 17 Not hunting 18 Not hunting 19 27 Hunting 20 Not specified 21 10 Hunting (half day) 22 Not hunting 28 8 Hunting 24 4 Hunting (half day) a» NothuSting 28 Not hunting 2' Not hunting 28 Not hunting 29 Not hunting Total.. 176 20 W. T. Bhagg. Stern Boat. August. ' 14 Hunting ' 2 Hunting 1 1 Hunting ? 1 From Schooner "■ ■ 1 Hunting " 6 Hunting j^ 12 Hunting ,g 8 Hunting Half a day •24 ? f/om Schooner (not hunting) 26 ?""""» 3" ' rrom Schooner (not hunting). Total 47 On the 5tl. of August John Rose, one of the deck hands, got a seal from the schooner with a gaff hook. June. 40^^ * Hunting 29 Not hunlini; SO 3 Hunting. July. 1st to 6th torn out. T liot hunting, 8 34 Hunting. 9 Not Hunting '0 Not hunting II 1 (half ny) 12 . ... 19 Hunting 50 13 29 Hunting. >* 6 Hunting ■5 9 Hunting 18 H Hunting '1 15 Hunting 18 19 Hunting. I" Not hunting •-'0 Not hunting '•^1 6 Hunting :i2 SI Hunting '-* Not hunting 21 13 Half day ■^5. . . . . 7 Hunting 60 -<> I Two hours ^T Not hunting -'8 18 Hunting '9 34 Hunting ;iO 26 Hunting :il 27 Hunting Total.. 800 Julian. August. 1 85 Hunting 2 22 Hunting 8 7 Hunting * 2 Hunting " 2 Prom Schooner (not h) 8 Not hunting V 25 Hunting 8 20 Hunting 9 25 Hunting '0 21 Hunting 11 3 Hunting I'* Not hunting 14 Not hunting "> Not hunting 16 16 (Half day) 18 Not hunting 1' Not hunting 18 .. .. Not hunting 19 24 Hunting 20 Notapecified. '■^1 10 Hunting (lialf day) 22 Not hunting 23 12 Hunting 2* 7 Hunting (half day) *o 26 27 29 Total.. 23 1 45 (Exhibit No. 27). Lorenzo. 28. 29. .SO. Juoc. Hunting Not hunting, 1 Hunting July. 10 I . 2... i.... e... 6.... 7.... 8.... 20 10. 11. 12. 13. 14. 15. 1«.. 17.. II . 19.. 20.. 21.. 22.. 2S.. •.i4.. 25 . 21').. 27.. 30 28.. 29.. 20.. 81.. 8 2 2 1 88 12 27 4 6 2 6 13 IS 20 14 6 S 30 26 8 Hunting Huntinf; (2 hours) Not hunting Nut liunting Hunting Nat hunting Hunting Not hunting Not hunting (half day). Hunting Hunting Hunting Hunting Hunting Hunting Hunting Not hunting Not hunting Hunting Hunting Nut hunting (half day) Hunting (half day) Not hunting Hunting Hunting Hunting Hunting I.... .. 28 2... .. 19 3 .. 11 4.... .. 1 6.... .. 6.... .. 7 ... .. 10 8 .. 11 9 . .. 14 10 .. .. 22 11.. . .. 6 12.... .. IS... .. 14... .. 16 .. 6 1«.... .. 17... .. 18.... .. 1 19.... .. 82 20.... .. 21.... .. 11 22 .. .. 28.... . . 8 24.... .. 4 25 . 26 .. 27.... . 28.... .. August. Hunting Hunting Hunting Hunting Not hunting Not hunting Hunting Hunting Hunting Hunting Hunting (lialf day) Not hunting Not hunting Not hunting Hunting (lialf day) Not hunting Not hunting Frum Schooner (not h) Hunting Not spvcified (half day) Not hunting Hunting Hunting (lialf day) Not hunting Not stated Not hunting Nut hunting Total.. 179 Seals Total.. 220 Seals. Charles F. Dillon. 28, hunting. . . 29, not hunt'g. 30, hunting, , . June. 2 seals 1 40 1, 2, 3, 4, fi, 6, 7, 8, 9, 10, 11, 12, ^O 13, 14, IB, 16, 17, 18, 19, 20, ^1, 22, 23, •■^4, Oo 2B, 27, 28, 29, 30, 31, July. hunting 3 seals not hunt'g hunting 1, 2 hours not hunt'g not hunt'g hunting 4 not hunt'g hunting 19 not hunt'g not hunt'g hunting half day hunting 10 hunting 19 hunting 2 huntinjj 6 huntin<)^ 2 hunting I hunting 14 not hunt'g not hunt'g hunting 11 hunting 21 not hunt'g hunting 9 half day hunting 3 hunting ) 2 huurs not hunt'g hunting 6 hunting 45 hunting 2S hunting 9 209 seals August. 1, hunting 12 2, liunting 16 3, hunting 8 4, hunting 3 R, nut hunt'g 2 from schooner 6, not hunting, ... 7, hunting 3 8, hunting. IB 9, hunting 4 10, hunting 31 1 !, hunting B, half day 12, not hunt'g 13, not hunt'g 14, not hunt'g 16, hunting. , 7 half day IB, not hunt'g (i 17, not hunting 18, not hunt'g 19, hunting 22 20, not stated 21, hunting 12, halt day 22, not hunt'g 23, hunting ...... 8 24, hunting 8 half day 2B, not hunting 26, ditto 27, ditto 28, ditto 29, ditto 163. ! .'" all the requisites of the law have been complied with. (2) (Signed). JOHN A. BECHTEL, 40 Victoria City, Hotel -keeper, 64 Shares. Her Dimensions are: Length 67 feet 5 tenths; Brearl^^^h 20 feet 5 tenths; Depth 6 feet 5 tenths, and measur ig 46.16 tons Register. And I appoint William Munsie of Victoria aforesaid to be managing owner thereof. I am. Sir, Your obedient servant, 50 (Signed) JOHN A. BECHTEL. • "D." Custom House, Port op San i'luvcisco. Collector's Office. December 22nd, 1892. I hereby certify that according to the records of this office the Schooner called the " City of San Diego "of San Francisco, tonnage 46 and 16/100 tons, was registered at this office Februai'y 9th, 1891, and the following were her ^owners, viz.: John A. Bechtel of San Francisco, State of California, sole owner. And there is no mortgage or lien on record against said vessel in this office. Given under my hand and seal of office, this 22nd day of December, 1892. 2.45 p. M. (Signed) JOHN DARE, Deputy Collector. ; I 4h (Exhibit No. 2i. " E " RegJBtry No. 62. Official No. Permanent Numerals. Letters. 125,1)44. Copy or Crrtipicatk ok Kkoistry. In pursuance of Chapter one, title XLVIII. " Regula- tion of Commerce and Navigation," Revised Statutes of '°the United States, John A. Bechtel of San Francisco, State of California, having taken and subscribed the oath required by law, and having sworn that he is the only owner of the vessel called the " City of San Di«go " of San Francisco whereof George Wester is at present master, and is a citizen of the United States; and that the said vessel was built in the year 1881, at San Francisco, Cali- fornia, as appears by permanent register No. 50 issued at this port January 11, 1887, now surrendered. New ownei; and said register having certifled that the said ^° vessel has one deck and two masts— and that her length is 67 and 5 tenths feet, her breadth 26 feet and 5 tenths, her depth 6 feet and 5 tenths, her height feet and tenths; that she measures forty-six tons and six- teen hundredths, viz.: , Tons, inoths. Capacity under tonnage deck 46 06 Capacity between decks above tonnage deck. Capacity of inclosures on the upper deck, viz. 3 62 30 Cross tonnage 48 68 Deductions under Section 4153, Revised Statutes as amended by Act o^ August 6, 1882 42 Total deductions 2.42 2.42 Net tonnage. 46 16 The following described spaces, and no others, have 40 been omitted, viz.: and that she is a schooner has a billet head and an elliptic stern; and the said John A. Bechtel, having agreed to the description and admeasurement above specified, and sufficieit security having been given, according to law, said vessel has been duly registered at the Port of San Francisco. Given under my band and seal, at the Port of San Francisco, this 'Jtb day of February, in the year one thousand eight hundred and niuetv-one. 50 E. P. Dantouth, F.'G. PHELPS, Nava! Utticer. Collector of Customs. (Place for seal.) (l. s.) Seal of the United States. T. B. SANDEN, Acting Commissioner of Navigation. (Endorsed) — District of !-an Francisco, Port of San Francisco. Collectors Oflice. I hereby certify the \vitbin to be a true copy of the original on record in this office. 6 J Given under my hand and seal this 22nd day of Decem- ber, 1892. (Signed) JOHN DARE. The Declaration of Ownership marked " B," the Certi- ficate of Her Britannic Majesty's Consul Dennis Donohoe, dated Decenibci' 22, 1892, marked " C," and the Certifi- 40 (Exhibits. Nos. 2. 3 and 4). cate of Survey of "City of San Diogo," marki'd "F," above referred to, form part of this Exhibit No. 2(U. S.), and by order of the Commissioners on consent of counsel are not printed. EXHIBIT No. 8 (U. S), CLAIM No. 1. "^LiST OF "American Vessei^" suitable for Sealing Purposes which arrived at Victoria, B. C, IN 1880 AND 1887. Prepared by A. R. Milne, Register Victoria, B. C, to sup- plement Exhibit No. l(i (G. B.), Claim No 1. Name of Vessel. rsrrie Hayden . . . L. I. Perry C. C. Perkins . . . Teaser Sylvia Handy.. . City of San Diego Vanderbllt ..... Utsalady Helen Blum Snn .lose Lily L Henrietta 30. From. Port Towmend, V. S. A. Roche llHrlior, " Port Tow njiend, Belirlng Sen. Roche Hnrbour, U. 8. A. Han Francisco, " North Pncific Ocean. Roche Harbor, U. S. A. Add to list of " Canadian Vessels " in 1887 the Schnr. Lottie Fairfield, 165, Schnr., 1887, from San Francisco, of Yarmouth, Nova Scotia. EXHIBIT No. 4 (U. 8.), CLAIM No. 1. REGISTERED VESSEL. '^° Owner's Oath. District of San Francisco. J Port of San Francisco. ( I, John A. Bechtel, of Auburn, in the county of Placer, and State of California, do swear, according to the best of my knowledge and belief, that the Schooner called the "City of San Diego," of San Francisco, is of burden 46 and t>jj\ tons, and was built at San Francisco, in the -Q State of California, in the year one thousand eight bun- ' dred and eighty- one; that I am a citizen of the United States; that my present usual place of residence or abode is Auburn, in the County of Placer and State of Cali- fornia; and that I am the true and sole owner of the said Schooner. And that no subject or citizen of any foreigr, power is, directly or indirectly, by way of trust, confi dence, or otlierwise, ini crested therein, or in tiie prorliooi issues thereof. (Signed) JOHN A. BECHTEL. (^, So help me God. Sworn to and subscribed 1 before me this 9th day > of February, 1896. ) (Signed) E. 0. TUTTLE, Deputy Collector of Customs. n<>i ,^,. 50 10 30 (Exhibits Nos. 4 and 32). Master's Oath. I, Geo. Wester, Master of the above mentioned Schooner, do solemnly swear that I am truly a citizen of the United States, having been born in Norway and Naturalized in Sail Francisco, Gal., in the year 1891, U. S. Dist. Court. (Signed) Geo. Wester. So help me God. Sworn to and subscribed 1 before me this 9th day > of February, 189G. ) (Signed) E. 0. TUTTLE, [seal.] Deputy Coll. of Customs. ; District and Port of San Francisco. ; ; Collector's Office. ; ; Dec. 11, 1896. : ; I hereby certify the above to be . ;a true copy of the original on file* ; in this Office. ; • N. S. Fabikt, : : Deputy Coi'3ctor. ; The certified copy of Bill of Sale and Certificate of Registry which form part of this Exhibit No. 4 (U. S.), by order of the Commissioners on consent of counsel are not printed. 30 Claim No. 3, " Onward.' i '■ EXHIBIT No 32 (0. B.), CLAIM No. 8 Inventory of Property on board British schooner "Onward," delivered into custody of U. S. Depy. ^° Marshall, Isaac Anderson. Ounalaska, August 13th, 1886. 1 Schooner, the "Onward," Victoria, B. C. 3 anchors; fair. 1 Adz; fair. 2 Axes, fair. 2 Belts, life; poor. 2 Blocks, double, 12"; fair. 1 Brace and bit; fair. 50 1 Binnacle, light; fair. 1 Broom corn. 1 Chronometer; good. 4 Compasses; fair. 2 Cables, li Casks, water;" i Ton coal, good. 1 Clock; good. 1 Chart, General Pacific; poor. 9 Canoes; fair. 60 1 Coffee mill; fair. 1 Flag, British; fail. 1 Flag, iiouse " 1 Foghorn; " 1 B'ile, 1 FunneUbucktt)" 'V 61 (Exhibit No. 32). 4 Globes, lantern; Good. 2 Hammers; " 1 Hamborline, 1 lb, " 3 Fathoms hemp, 2i " 1 Doz knife sheaths " 1 Kettle 1 Lead line & 2 leads " 10 2 Lights?, side " 1 Ligiit, riding; fair. 1 Lamp, globe; fair. 2 Lamps, swinging; fair. 175 Fathoms, Manilla, 3J in. new. Good. 20 Ditto old. Fair. 1 Package nails. Good. 5 Gals, oil, kerosene. Good. 2 Gals, oil, paint " 25 Pounds oxide iron " 2o 2 Oars (10 ft.) 1 Pump, bilge, fair. 1 Pump, Copper " 25 Pounds paint, black; fair. 1 Pitcher, water; good. 1 Plane, jack; fair. 1 Plane, hand; " 2 Palms, sewing; fair. 2 Pans, baking; " ^8 Paddles 30 1 Patent Log " Running Rigging. Main throat and peak halyards, sheet, down haul and topping lift, fore throat and peak halyards, sheet, down haul and topping lift, jib halyards, down haul, sheet and boom topping lift, flying jib, halyards, down haul and sheet. 40 50 2 Boat falls on after dav its. 00 Seal skins. 2 Sauce pans. 3 Tons salt. 1 Mainsail, foresail, jib, staysail and flying jib; fair 3 Stoves; good. 4 Saws, fair. 1 Screw clamp; fair. 1 Spike marlin; li 3 Stools, 4 i 1 Saw set. 1 Scraper ti 1 Shovel i i 2 Tanks, iron i( 1 Tackle, watch " 2 Tackle, boom t k 4 Tackle boats "or hoisti ngout; fair 1 Pound twine, sewing; fair. 25 Pounds white lead. 1 Wrench, moi key. 60 Provisions. 800 Pound rice; good. 15 Boxes bread; poor. 10 Sacks flour; 52 (Exhibits Nos. 32, 33, 34 and 35 >. 1^ Barrels molasses; good. 20 Pounds beans; " 6 Pounds lard; " Received from Captain C. A. Abbey, commanding U. S. Revenue Steamer "Corwin." the above mentioned prop- erty, which I will hold in my possession until it is de- .^manded by legal authority. '° I. ANDERSON, Depy. U. S. Marshal, Ounalaska, August 14, 1886. EXHIBIT No. 33 (0. fi.), CLAIM No. 3. Account of seals taken by Indians on board of schooner " Onward " at Benring Sea in 1886. 2o By order of the Commissioners on consent of counsel this exhibit is not printed. EXHIBIT No. 34 (G. B), CLAIM No. 3. Agreement dated December 30, 1886, between Charles Sprmg and Alexander Mcljean, dissolving their partner- ship. By order of the Commissioners on consent of counsel S^thir. exhibit is not printed. EXHIBIT No. 36 (0. B), CLAIM No. 3. Certified transcript of Record and Proceedings had in United States District Court of Alaska, in the case of the United States vs. Daniel Monroe. The proceedings in this case were similar to those taken 40 against James Ogilvie as shown in Exhibit No. 1!) (G. B.) printed above, except as to- the proceedings following the " Order in the matter of the Time for Trial," and by order of the Commissioners on consent of counsel only such part of the record is printed here. 'N THE DISTRICT COURT OF THE UNITED STATES, District of Alaska. United States of America, ) , . 50 District of Alaska. ^ -s • The Preside)) t of the U))ited States <:j Anie)ica to Michael Harkin, Alfred NiGiiTENGAtt:," G)eeti))f/ : You are hereby coniniandeil to ajjpear before the District Court of the United States, fof the District of Alaska, at Sitka in said District, oil Monday the 30tb day of August A. D. 1886. at '.» o'clock A. M. of that day, to testify as a witness on behalf of the plaintiff in the case of The United States vs. Daniel Monroe, heieof fail not. 'K3 Witness the Honorable Lafayette Dawson, Judge [l. s.] of said Court and seal thereof affixed at Sitka in said District, this 27th day of August A. D. 1886. ANDREW T. LEWIS. Clerk. 53 (Exhibit No. 35). United States of Ahirica, ) District of Alaska. ( ss. I hereby certify and return that the within subpoena carae into my hands for service on the 27th day of August, 1886, and on the same day I personally served the same on the within named Alfred Nightingale and Michael Harkin, by reading the within to them personally and gave '°to them a true copy of the within at Sitka Alaska Ty. BARTON ATKINS, U. S. Mai«hal. By John Hanlon, Spec. Dep. U. S. Marshal. (Endorsed)— No. 87. In the District Court of the United States for the District of Alaska The United States vs. Daniel Monroe. Subpoena for the Plaintiff. And on August 31, 1886, the following further proceed- 2oiDgs were had and appear of record in said cause, which are in words and figures following, to wit: In the matter of the 1 United States ., -,, , __ yg I No. 79 and 87. Daniel Monroe and I Amended Information. J. Marketich. J Comes now M. D. Ball U. S. District Attorney for Alaska and moves the Court for leave to file an amended Information in Cause No. 79 and 87, making ioiuder of the two causes of action. It is ordered that leave be granted. In the District Court of the United States for the Dis- trict of Alaska. The United States 1 vs. Daniel Munroe and J. Marketich. J [ Information. 40 District of Alaska, ss. : Daniel Munroe and J. Marketich ait» accused by M. D. Ball, U. S. District Attorney for Al.i^ka by this amended information of the crime of killing fur bearing animals within the limits of Alaska Territory and in the waters thereof, committed as follows: The said Daniel Munroe and J. Marketich on the second day of August, A. D. 1886, in the District of Alaska and within the jurisdiction of this Court, to wit: within the limits of Alaska Territory and in the waters tlu^eof did 5okill twenty fur seal, 1 otter, 1 marten, 1 mink, 1 sable. Contrary to the Statutes of the United States in such cases made and provided and against the peace and dig- nitv of tiie United States of America. Dated at Sitka, the 30th. day of August, 1886. M. D. BALL, U. S. District Attorney for Alaska. District of Alaska, ss. : I, M. D. Ball, U. S. District Attorney for Alaska, being duly sworn say the within information is true, as I verily Cto believe. M. D. BALL. Subscribed and sworn to before me this 25th day of Au- gust, A. D. 1886. ANDREW T. LEWIS, [L. 8.] Clerk. ■• ■-»■■ ir imw B' '■Pi 10 Demurrer. 20 30 04 (Exhibit No. 35). (Endorsed)— No. 87. In the District Court of the United States for the District of Alaska. The United States vs. Daniel Muuroe and J. Marketich, R. S. Sec. 1966. Information. Filed Aug. 31 A. D. 1886. Andrew T. Lewis, Clerk. In the District Court of the United States for the Dis- trict of Alaska. United States, Pltfs. i>s. Daniel Monroe and James Marketich, Defts. Come now the defendants and demur to the informa- tion herein for the reason that the same does not state facts sufficient to constitute an ot¥ence known to the law. W. CLARK and D. A. DINGLE Y, Attys. for Defts. Dated Sept. 6, 1886. (Endorsed)— In the District Court of the United States for the District of Alaska. United States vs. Daniel Monroe and James Marketich. Demurrer. Filed Sept. 6, 1886. W. CLARK and D. A. DINGLEY, Attys. for Defts. U. S. vs. Daniel Monroe and J. Marketich Schooner "Onward." Capt. Abby: Evidence of Prosecution. 1 am captain in the U. S. R. Marine, Captain of the " Corwin." Was in Behring Sea on 2nd of August, about no to 120 miles S. E. of St. George's Island, (Locality in- dicated on the map as nearly as possible), between 4 and 5 A. M. Was called by 1st Lieut., who said there was a schooner in sight taking seal in Behring Sea. He asked what he would do with her. I told him to seize her. We "^^ hailed her and put a petty officer on board. I did not board her myself and saw nothing at the time to indicate that they were taking seal. Did not go on board or see any seal on board. This point is abo'it 112 miles S. E. magnetic H. S. E. true compas from St Paul's Island in Behring Sea, and so miles N. W. of Oonalaska. It was east of the 193' W. Long. 500 or GOO within the boundary on the N. W. My orders from the Secretary of the Treasury were to seize all persons violating the treaty by getting any fur bearing animals, etc. I was also provided 5° with instructions as to what the boundary of Alaska waters was. I arrested the vessel. She was a two masted schooner. Had a crew of whites and Indians. Has 7 or S canoes. She was on a well known sealing ground and had every evidence of being sealing. A vessel would not geneially have so large a crew if engaged in ordinary traffic. The men I see here conducted themselves and acted as master and mate. We seized the schooner and took her to Oonalaska. 6o Cross examined by Mr. Dingley: There were about IS Indians aboard the schooner sitting about the decks, and about one or two white men on deck; this was early in the morning. From the locality in which I foimd them I imagined they were sealing. The Indians are h( re in Sitka to the (Exhibit No. 36). best of my belief. The prisoners were turned over to the U. S. Marshal. My instructions were to arrest any and all persons and all vessels. Lieut. Howison: I am a Lieutenant in the U. S. R. Marine. I am on the " Corwin." On the 2nd Aug. I was 1st. Lieut. I was executive officer. I was on watch, from 4 to 8 a. m. I saw the defendant on that morning. I spoke the schooner between 4 and 6 a. m. Hailed him and he said, "yes he was sealing." Mr. Windslow and the men boarded her. I took the men and put them on board the " Carolina." The two men I see were aboard. I saw the Captain. The captain is Mr. Munroe. We were in 56° North Lat. and 167° 40' West Longitude and 110 to 116 miles S. E. of St. George's Island. She was taken within 500 or 600 miles E. of the boundary line. I saw the parties myself. I 2Q pulled alongside and put the men aboard. Did not go aboard myself. When I hailed them they answered "yes, they were catching seal." She had canoes and Indians. I found out afterwards that she had 9 canoes and 18 Indians. Such an equipment is not usual for ordinary purposes. Cross-examined by Mr. Dingley: I received an answer on hailing her but do not know who answered. ^Q By District Attorney : The reply to hailing is generally given by the master or the mate or officer of the watch. Winslow: I am Bo's'n. of "Corwin." I was in Behring Sea on the 2nd Aug. I have seen the tw^o parties. I was on board the schooner. I was placed in charge. I went aboard and after making fast, made sail. I had a conver- sation with both the pai'ties. I said "you caught some seal, Captain," and he said "well its no use, we must '^^make the best of it." "It was no use running away, they would have caught us if I had." There were between 20 and 30 seals dead in the boats. I know they were fresh killed from the blood running from them. There were seal skins lying all around. They were all fur seals. I do not know anything about skinning seals. I think they are usually skinned after putting them aboard. Cross-examined by Mr. Dingley: This is the first time I ever came up here. I have no 50 experience in the difference between fur and hair seals. The difference I know is that a hair seal has no fur. Nelson : On the 2ud Aug. I was on board the "Corwin." I am a seaman. I have seen the two parties. The Captain hollered out to him, and he said he was catching seals. The first Lieutenant put me aboard, and I saw the Captain and mate of the schooner, and some seals. I don't Know how long seals are kept before they'r skinned. 6oJ. C. Cantwell: I am third Lieutenant in the U. S. Revenue Marine Service, at present third Lieutenant on board the "Corwin." I have had some experience in Alaskan waters. The cnstoni in killing seals is to drive the seals inland away from othei- seals and club them, then they 'Pld ) m^ i m If HH f iMInl ( 1 i i ! I i 3ii -i * ti 66 (Exhibit No. 35). are stabbed and immediately skinned, and left to cool off and then salted for 8 days. I was present at the capture of the schooner '"Onward." The skm lies on the ground after being taken fiom the seal and id salted down when cool. That is about 3 or 4 hours. If killed in the after- noon they would be salted in the afternoon. The skinning takes place immediately after killing. This is a vital ID necessity. If they were allowed to remain on the seal an entire day putrification would take place and would injure the pelt. E. H. Brown: I am deputy Collector of Customs for the Port of Sitka, Alaska. My instructions with regard to the seal fishery are as follows: (Letter of instructions was read.) (Also a full copy of same in the Alaskan newspaper. Copy was produced by witness and read.) 2o (Endorsed)— No. 87 and 89. Evidence schooner United States vs. Daniel Monroe and J. Marketich. Filed Sept. 1886. ANDREW T. LEWIS, Clerk. And on September 6th, 1886, the following further pro- ceedings wei-e had and appear of record in said cause, which are in words and figures following, to wit: In the matter of the No. 79 and 87. 30 United States vs. Daniel Monroe and J. Marketich. J Amended Information. Now at this time comes M. D. Ball U. S. District Attorney for Alaska, and moves the Court for leave to file an amended Information in Nos. 79 and 87 making joinder of the two causes of action in one information, the act cliaiged as an offence having been committed jointly. It is ordered that leave be granted. 40 Comes now Daniel Moi»roe and J. Marketich, and being duly arraigned upon said information filed, for plea thereto each says he is not guilty as charged. Comes now W. Clark and D. A. Dingley, Attorneys for the above named defendants and files demurrer to the amended information. It is considered and ordered that the demurrer be overruled. Comes now the parties ahove named by their respective attorneys M. D. Ball for plaintiff, and W. Clark and D. A. Dingley for defendants, and this cause coining on for trial 50 demand a jury. Whereupon the following panel of 18 jurors were called: E. O. Decker, Charles Moise, '\. Hoff, Max Cohen, Sam Konn, D. A. Petterson, George Foster, O. F. Northup, C. F. Jones. P. J. Callsen, N. A. Fuller. Walter Thomas, Alex. Long, James Grant. James McKeen, B. K. Cowels, 0. P. Baker, and B. F. Biiglitman, who were svvoin to answer questions touching their qualifications to set as jurors in this cause, were then tried and examined as to their qualification. Whereupon plaintiff's attorney being 60 entitled to three pre-emptory chalenges, strike from the list of names, three of the jurors above named, defendants being entitled to three pre-emptory chalenges, strike from the list of names three of the jurors above named. Whereupon the following jury were sworn to well and truly try the issue joined and a true verdict render accord- '■Wii 67 (Exhibit No. 35). ioK to the law and erideDce, viz: E. O. Decker, Charles Morse, H. Hoff, Max Cohen, Sam Koim, O. F. Northup, P. J. Callsen, N. A. Fuller, James Grant, B. K. Cowels, 0. P. Baker, and B. F. Brightman. Whereupon the following witnesses were sworn and testified on the part of the plaintiff, viz: Capt. C. A. Abbey, 0. T. Winslow, J. W. Howison, Albert Leaf, E. 10 H. Brown, Oscar Nelson, and J. C. Cantwell, after which plaintiff rest. Whereupon defendant announce they have no evidence to produce, after which defendant rest. After hearing instructions of the Court and argument of counsel the ]ury retire in charge of a sworn officer to deliberate upon it. And after being out for a time return into Court and render the following verdict: We the jury find the defendant guilty as charged in the information and fix the penalty for Capt. Munroe at $200.00 fine and thirty days imprisonment, and for the Mate fix the pen- 2oalty at thirty (30) days imprisonment. O. P. Baker, Fore- man. Whereupon the defendants being called and asked if they have any reason why the judgment of the Court shall not be pronounced against them, are unable to give any and defendants each personally waiving further time to receive sentence: It is considered and ordered that Daniel Monroe's punishment be assessed at two hundred ($200.00) dollars fine and thirty (30) days imprisonment, and that J. Marketich's punishment be assessed at thirty 30 (30) days imprisonment. We the jury find the defendants guilty as charged in the information, and fix the penalty for the Captain Mon- roe at $200.00 two hundred dollars fine and thirty (30) days imprisonment, and for the mate fix the penalty at thirty (30) daA'^s imprisonment. O. P. BAKER, Foreman. (Endorsed)— Verdict. Filed this ti day of September 1886. Monroe and Marketich. And on the same day September 6, LSSG, the following further proceedings were had and appear of record in said cause, which are in words and figures following, to wit: In the matter of the i Money and Clothing of >• Daniel Monroe. ) Comes now Daniel Monroe by his attorney and moves the Court that the private money and clothing in the hands of the U. S. Marshal be turned over to him. Where- 50 upon Daniel Munroe was called, sworn and testified. The Court now being fully advised in the premises, it is ordered that the money and clothing belonging to him, the said Daniel Monroe, be returned. ■jUq ,iSi iJ 58 (Exhibits Nos. 35, 36 and 37). In the District Court of the United States for the Dis- trict of Alaska. United States Plaintiffs Motion to dismiss. vs. Daniel Monroe and James Marketich, Defts. Now come the defendants and move the Court to dis- '°mi98 the action for the reason that the Court has no juris- diction over them or of the subject matter of the offence. W. CLARK and D. A. DINGLEY, Attys. for Defts. Dated Sept. 6, 1886. (Endorsed)— No. . In the District Court of the United States. United States va. David Monroe and John Marketich. Motion to dismiss. Sept. 7. W. CLARK and D. A. DINGI-RY, Attys. for Defts. 20 EXHIBIT No. 36 (O. B.), CLAIM No. 8. Certified transcript of Record and Proceedings had in United States District Court of Alaska in the case of United States vs. John Marketich. The proceedings in this case were similar to those taken against Daniel Monroe as shown in Exhibit No. 35 (G. ,qB.), printed above, except as to the " Order in the matter of Money and Clothing, etc.," which does not appear in this record and by order of the Commissioners on consent of counsel this exhibit is not printed. !► No. 49. EXHIBIT No. 37 (G. B.), GLAIH No. 3. Copy of record and proceedings in United States District Court in Alaska in case of United States vs. schooner 4° "Onward." In the District Court of the United States for the District of Alaska, in Admiralty. Pleas and proceedings began and had in the District Court of the United States for the District of Alaska. The United States ) vs. The Schooner "Onward," her Tackle, Apparel, Boats, Cargo and Furniture. SO Be it remembered: That at a stated term, to-wit, the May term, 1886, of the District Court of the United States, for the District of Alaska, began and held at Sitka in said District on Monday the day of May 1886, and adjouined from time to time until August 28, 1886, when M. D. Ball Esq., TJ. S. Attorney for the District of Alaska presented and filed, the libel of information in said cause which is in words and figures following, to-wit: In the District Court of the United States for the Dis- trict of Alaska. 6o August special term, 1886. To the Honorable Lafayette Dawson, Judge of the said District Court. T- The libel of information of M. D. Ball Attorney for the United States for the District of Alaska, who prosecutes on behalf of the United States, against the schooner " On- 50 (Exhibit No. 37). ward, her tackle, apparel, boats, cargo and furniture, and against all persons intervening for their interest therein, in a cause of forfeiture, alleges and informs as follows: That Charles A. Abbey, an officer in the Revenue Ma- rine Service of the United States and on special duty in the waters of the District of Alaska, heretofore, to wit, on the 2d day of August, 1886, within the limits of Alaska 10 Territory and in the waters thereof, and within the civil and judicial District of Alaska, to-wit, within the waters of that portion of Behrings Sea belonging to said District, on waters navigable from the sea by vessels of ten or more tons burden, seized the ship or vessel commonlv called a schooner, the "Onward," her tackle, apparel, boats, cargo and furniture, being the property of some person or persons unknown to the said Attorney, as for- feited to the United States for the following causes: That the said vessel was found engaged in killing fur 20 seal within the limits of Alaska Territory, and in the waters thereof, in violation of section nineteen hundred and fifty-six of the Revised Statutes of the United States. And the said Attorney saith that all and singular the premises are and were true and within the admiralty and maritime jurisdiction of this Court; and that, by reason thereof, and by force of the statute of the United States in such case made and provided, the aforementioned and described schooner or vessel, being a vessel of over twenty tons burden, her tackle, apparel, boats, cargo and furni- Soturo, became and are forfeited to the use of the said United States, and that said schooner is now within the District aforesaid. Wherefore the said Attorney prays that the usual pro- cess and monition of this honorable court issue in this be- half, and that all persons interested in the before men- tioned schooner or vessel may be cited iu general and special to answer the premises, and that all due proceed- ings being had, that the said schooner or vessel, her tackle, apparel, boats, cargo and furniture, may for the 40 cause aforesaid, and others appeavin;^, be condemned by the definite sentence and decree of this Honorable Court, as forfeited to the use of the said United States accord- ing to the form of the Statute of the United States in such case made and provided. M. D. TjALL, U. S. District Attorney for the District of Alaska. (Endorsed)— No. 40. United States vs. Schooner "On- ward." Libel of Information. Filed this 28th day of August, 18S6. 5° ANDREW T. LEWIS, Clerk. Be it further remembered that on said 28th day of August, 1886, a motion was duly issued in said cause which is in words and figures as follows, to-wit: District os Alaska Sct. The President of the United States of America to the Marshal of the District of Alaska, greeting: Whereas a libel of information hath been filed in the 6o District Court of the United States for the District of Alaska, on the 28th day of August, in the year 1886, by M. D. Ball, United States Attorney for the District afore- said, on behalf of the United States of America, against the schooner "Onward," her tackle, apparel, boats, cargo and furniture, as forfeited to the use of the United States liMUH ppp- «0 l.r ; • "Onward." ) In the above entitled action urgent necessity and good cause appearing therefor from the affidavits of C. A. Abbey. Now, on motion of M. D. Ball, United States District Attorney for Alaska, and counsel for the United States herein: It is ordered that the depositions of the witnesses C. A. Abbey, J. W. Howison, J. C. Cantwell. <5oJ. M. Rhodes, J. H. Douglas, C. T. Winslow, Albert Leaf, be taken before the Clerk of the said District Court on Tuesday, the 7th day of September, 1886, at 7 o'clock p. M., or as soon thereafter as the matter can be reached at the office of the said Clerk at Stika, Alaska, and if not com- pleted on said evening, then the taking of said deposi- li rnm^ «2 fi (Exhibit No- 37). tions to be continued by said Clerk from time to time until completed, that notice of the time and place of taking Haid depositioiiH be Korved by the Mai'shal of said District on Hans Outterman, James Blake, Daniel Munroe and C. E. Kay nor, and upon W. Clark, Esq., Attorney at Law on or before September 7th at 12 M., and that such shall be due and sumcient and renHouablo notice of the 10 taking of said depositions. Done in f)pen Court this fith day of September, 1886. Now at this time W. Clark, Esq., being present in Court waives service of notice. And afterwards, to-wit, on the 7th day of September, 1880, the plaintiff filed notice of taking depositions and return, which is in words and figures follov/ing, to-wit: In the United States District Court in and for the Dis- trict of Alaska, United States of America. The United States of America ) 20 VS. \ The Schooner Onward. ) To Daniel Monroe greeting: You are notified Ibat by order of Lafayette Uawson, Judge of said District Court, the deposition of C. A. Abbey, J. H. Howison, C. F. Winslow, Albert Leaf, and J. 0. Cantwell, J. H. Douglas and J. N. Rhodes will be taken before the Clerk of said District Court at his office in Sitka in said District on Tuesday, September 7, 1880, at 7 o'clock, p. m., or as soon thereafter as the matter can be reached, and if not com- 3° Dieted on said evening, the taking of said depositions will be continued by said clerk from time to time until com- pleted. Dated September 7, 188G. ANDREW T. LEWIS, United States of America, District of Alaska, ss. : This is to certify that on the 7th day of September, 1886, before 12 o'clock noon of that day, I served the an- 4onexed notice on the within named Daniel Monroe at Sitka, District of Alaska, by then and there personally delivering to said Daniel Monroe a copy of said notice; and then and there gave him the privilege of being present at the taking of said depositions. Dated September 9, 1886. BARTON ATKINS, U. S. Marshal. (Endorsed) No. 49.— United States vs. Schooner "On- ward." Notice of taking depositions and return. 50 Returned and filed this 7th day of Sept. 1886. ANDREW T. LEWIS, Clerk. In the United States District Court in and for the Dis- trict of Alaska, United States of America. The United States, ) vs. \ No. 49. The Schooner " Onward." ) Depositions of witnesses sworn and examined before me 6oon the 7th day of September A. D. 1886 at 7 o'clock p. M. of said day, and on September 8tb, 9th, 1886 thereafter, at the Clerk's office of said Court in Sitka, District of Alaska, United States of America, by virtue and in pur- suance of the order of the said Court made and entered in the above entitled action on September 6th A. D. 1886, (13 (Exiiibit No. 37). (lirectinf; that the tostiniony and depositioiiH of uaid wit- nesses bo taken before nio at said Hi'st mentioned time and phvce and at such subsoqut'nt times as tlie taking of the same miKht be continued by me, in said action tlien and there pending in the said District Court between the United States as plaintiff and the Schooner "Onward*' as defendant, on behalf of and at the instance of the said loplaintiff, tho United States, and upon notice of the time and place of taking said depositions, served upon Daniel Monroe, the Captain of said schooner and in possession thereof at time of seizure, and upon W. Clark Esq., his Attorney, the owners thereof being unknown and with- out the jurisdiction of this Court. Captain C. A. Abbey, being duly sworn, deposes and says: Mr. Pay son: Q. State your name and occupation? ^° A. Captain C. A. Abbey; in the United States Revenue Marine Service; at present in command of the U. S. Revenue Steamer " Corvvin " on special duty in Alaska waters for the protection of the Seal Islands, and of the Government interests generally. Q. What were you doing and what occurred on the 2d day of August last, in the line of your duty? A. Cruising in Behring Sea, about 115 miles southeast from St. George Island and iu about latitude and longitude , between four and five o'clock 3° in the morning, when First Lieut. J. W Howison reported to me that there was a schooner along aside of us which in answer to his hail, replied that she was taking fur seal here in Behring Sea. I then directed him to seize her and place her in charge of C. T. Winslow, boatswain of the " Corwin," I having no commissioned officer to spare at that time. I then got a hawser to her and proceeded to Oonalashka Harbor, where I placed the vessel, cargo, tackle, furniture and appurtenances in charge of Deputy U. S. Marshal Isaac 4° Anderson, of Oonalashka; the cargo of fur skins being stored in " Ketch " in one of the warehouses of the Alaska Commercial Company, and under seal. The arms and ammunition I took aboard the " Cor- win," and brought to Sitka and delivered them to the U. S. Marshal there, the said vessel, tackle, furnitui-e and cargo are now iu the custody of the United States Marshal of this District. Q. Was this the vessel against which the libel of in- , formation is filed? 5° A. It is. Q. Did this all occur within the waters of Alaska and within the jurisdiction of this Court? A. It did. Q. Didsthis occur within the waters of the sea navigable for vessel! of ten (10) tons burden or over? A. It dd. C. A. ABBEY. Subscribed and sworn to before me this 9th day of Sep- 6otember, A. D. 1886, after having been read over by me to deponent. ANDREW T. LEWIS, Clerk U. S. Dist. Court. ■ '■ , I iiiiiliiii 0)4 (Exhibit No. 3"). J. W. HowisoN, being duly sworn, deposes and says: Mr. Payson: Q. State you name, age and occupation? A. J. W. Howison, am over 21 years of age, 1st Lieut, in the U. S. Revenue Marine, and executive officer on the U. S. Revenue Steamer " Corwin," and was such on the 2nd of August of this year. 10 Q. State what happened on Aug. 2nd, 188G, in the line of your duty? A. Between 4 and 6 A. M. I spoke the Schooner " On- ward," of Victoria, B. C, and asked if they were catching seal in Behring Sea, and they answered, yea. I reported the same to the Commanding officer of the "Corwin," who ordered the vessel seized. I lowered the boat with the boatswain, C. T. Winslow, and two men and aline, pulled to the schooner and put the boatswain and two men on board; told the Captain of the schooner, Daniel 20 Monroe, that I seized liim for catching fur seal in Behring Sea. I ran a line from the "Onward" to the schooner "Carolena," already in tow, and returned to the "Cor- win." Q. State the place of this seizure as near as you can recollect. A. The position is given as Lat. 55° North, and 167''-40' west longitude, that is about 110 or 115 miles to the south and east of St. George. J. W. HOWISON. ^° Subscribed and sworn to before me this Oth day of Sep- tember, A. D. 1886, after having been read over by me to deponent. ANDREW T. LEWIS, Clerk of the U. S. Dist. Court. Lieut. John C. Cantwell, being duly sworn, deposes and says: Mr. Payson: Q. State your name, occupation and age? 40 A. John C. Cantwell; M Lieut. U. S. Revenue Marine Service, at present on duty U. S. Revenue Steamer " Corwin," and over the ago of twenty-one years, and was so during two years last past. Q. Do you recognize this paper (Exhibit " O ")? A. I do. It is the official inventory made by me on or about i2th of August, ISSO, of the furniture, tackle, ap- purtenances and cargo of the schooner " Onward." This inventory was made in consequence of the seizure of the vessel and gives a true and complete list of the fur- 5oniture, tackle, appurtenances and cargo of said schooner with the exception of arms and ammunition. This witness then signed his name on the back of this paper for the purpose of identification, and made the same a part of deposition. ANDREW T. LEWIS, Clerk. " By Witness: " " The item 400 seal skins " in said in- ventory means fur seal skins. JOHN C. CANTWELL, 60 3d Lt. U. S. R. M. Subscribed and sworn to before me this Oth day of Sep- tember, 1886, after having been read over by me to de- ponent. ANDREW t. LEWIS, Clerk U. S. District Court. (Exhibit No. 37). John M. Rhodes, being duly sworn, deposes and says: Mr. Payson: Q. State your name, age and occupation. A. John M. Rhodes. I am over the age of twenty-one years and a Lieut, in the U. S. Revenue Marine, and at- tached to the Revenue steamer " Cor win." Q. Do you recognise this paper? 10 A. I do. This paper marked- (Ex. " M ") is the clearance paper of the schooner " Onvvaid," Victoria, B. C. I found this paper on the said schooner at the time of her seizure and then and thei*e took i)ossession or it. The witness has writte?i his name on the back of said paper for the purpose of identification and makes same part of this deposition. ANDREV T. LEWIS, Clerk. Q. What arms and ammnnition, if any, did you find *° aboard the schooner " Onward" at the time of her seizure? A. 12 Guns. 1 Keg of powder partly filled. 1 Can powder. i Bag buck shot. 2 Small bags caps. Q. What was done with these arms and ammunition? A. Tlwy were brought to Sitka on the " Corwiu " and turned over to the U. S. Marshal at Sitka and are now in ,^lus custody. '° JOHN M. RHODES. Subscribed and sworn to before me this Oth day of September. A. D. 18St>, after having been read over by me to deponent. ANDREW T. LEWIS, Clerk U. S. District Court. John M. Rhodes, being duly sworn, deposes and says: Mr. Payson: Q. State your name, age and occupation? ^° A. John M. Rhodes, Lieut. U. S. Revenue Marine; at present of the U. S.Revenue Steamer "Coi-win,"and over the age of 21 years. Q. Was any other itropeity seized upon the schooner ''Onward," except what is included in the general inven- tory? A. Tliere was a box containing clothing and nautical instruments. The box was marked Daniel Monroe, Mas- ter of the schooner "Onward." Q. What was done with this propei-ty? ^° A. I tuined it over to the United States Marshal at Sitka, and it is now in his custody. JOHN M. RHODES. Subscribed and sworn to before me this !)th day of Sep- tember, A. D. 188G, after having been read over by me to deponent. ANDREW T. LEWIS, Clerk U. S. District Court. Charles T. Winslow, being duly sworn, deposes and says: Mr. Payson: Q. State your name, age and occupation? A. My name is Charles T. Winslow; 48 years of age; I am a boatswain on the Revenue Cutter " Corwin," and was so on August 2d, 1886. 6o iKia rpr .-I r^i^vm^i LVdjVUViiH^ip^i^iiHlRi.i WJ I ipj^.jyi^.i 66 I '■ f i ?li! (Exhibit No. 37). Q. State what occurred on the last mentioned day? A. At about 5 or 6 A. M. I was ordered by Lieut. Howi- son to go on board the schooner "Onward," which he had seized, and I did so. Q. What did you see on board, if anything? A. About amidships on deck I saw 20 or 30 dead fur seal that had not been skinned. Some of them were lo bleeding. There were nine canoes on board with bloody water in them, and with spears and outfit suitable for seal killing. Capt. Monroe, of the "Onward " then told me he had caught 25 fur seal the day before the seizure and 125 the day before that. This was in answer to my statement that the " Carolena " had 75 seal in her boats. CHARLES T. WINSLOW. Subscribed and sworn to before me this 8th day '"f September, A. D. 1886, after having been read over by luo to deponent. 20 ANDREW T. LEWIS, Clerk U. S. District Court. Albert Leaf, being duly sworn, deposrs and says: Mr. Payson: Q. State your name, age and occupation. A. Albeit Leaf, over 21 years of age and a seaman, em- ployed on the Revenue "Corwin,"and was so on the 2d day of August last. Q. What happened on the last named day in connection ,Q with the schooner " Onward." A. I was placed on board the schooner "Onward " by Lieut. Howison, when the vessel was seized. I saw dead fur seal with fresh blood on them on the forward deck, and fresh fur seal skins on deck, and there were salted fur seal skins in the hold. I saw nine canoes with blood in them and spears equipped for seal killing. All this was upon the schooner " Onward " at the time of her seizure. ALBERT LEAF. Subscribed and sworn to before me this 8th day of Sep- 4otember, A. D. 1886, after having been read by me to depo- nent. ANDREW T. LEWIS, Clerk U. S. District Court. In the United States District Court in and for the Dis- trict of Alaska, United States of America. The United States 1 vs. > No. 49. 50 The Schooner "Onward." ) Whereas on the 6th day of September 1886 the said Dis- trict Court duly made and entered in the Journal of said Court an order directing that the testimony and deposi- tions of the witnesses C. A. Abbey, J. W. Howison, J. C. Cautwell, J. M. Rhodes, C. T. Winslow, and Albert Leaf be taken before me, the Clerk of said Court, at the time, or times and place, and upon such notice, as are specified in said order. Now, therefore, This is to certify; that in pursuance of 60 said order on September 7th, 1886, at 7 o'clock p. m., each and all of the above named witnesses ai)peared before me at the clerk's office of said court at Sitka, District of Alaska, United States of America; That M. D. Ball, Esq., Dis- trict Attorney of said Court and District and W. H. Pay- son, Esq. appeared then and there on behalf of and as at- 67 (Exhibit No. 37). torneys and proctors for the United States, the libellant herein; and W. Clerk Esq. then and there appeared on be- half of and as attorney and proctor for the said schooner and her owners herein; and Daniel Monroe then and there appeared in pursuance of notice served upon him. That I was unable to complete the taking of said depo- sitions on said 7th day of September, 1886, and I continued 10 the taking thereof on theSth and 9th of September, 1886, and completed the same on said last named day. That the said parties by their said attorneys and proctors then and there appeared and were present on each of said last named days, and at all times during the taking of said de- positions. That each of said witnesses was then and there duly cautioned and sworn by me that the evidence he should give in said action should be *^he truth, the whole truth, and nothing but the truth, and thereafter each of said 20 witnesses was then and there examined before me, and I then and there took down the statement and testimony of each of said witnesses, and reduced the same to writing in his presence, and then read the same over to him; and he then and there, after the same had been reduced to writing and read over to him, subscribed the same in my presence, and swore to the truth thereof. That the foregoing depositions are the depositions of said witnesses then and there taken before me as afore- said. That due notice of the taking of said depositions 30 was give'^ as required by said order. Witness my hand and the seal of said District Court this 9th day of September, A. D. 1886. ANDREW T. LEWIS, Clerk of the United States District Court in and for the District of Alaska, United States of America. (Endorsed)— No. 49.— U. S. District Court.— Alaska. —The United States vs. The Schooner "Onward."— Deposi- '^^ tions of witnesses for the United States. Inventory of property on board Schi*. "Onward" de- livered into custody of U. S. Deputy Marshal Isaac Anderson, Ounolaska, Aug. 15, 1886. (This inventory is printed separately above as Exhibit No. 32 (G. B.), Claim No. 3, and for that reason is omitted here.) 50 PORT OF VICTORIA, BRITISH COLUMBIA. These are to Certify, to all Whom it doth Concern, that D. Munroe, Master of the Br. Sch. " Onward " burden 26.20 tons navigated with 4 men wood built and bound for Pacific Ocean and Behring sea, having on board ballast, for fishing and hunting voyage. 60 Clearance. Hath here entered and cleared his said vessel according to law. Given under my hand and seal at the Custom House at the Port of Victoria, in the Province of British Columbia, Wm I : fi 08 (Exhibit No. 37). this 12th <^ay of April one thousand eight hundred aud eighty-six. A. R. MIT, Pro Collector. Customs, Canada. April 12, 1886. Victoria, B. C. 10 Exhibit "M" A. T. L. John M. Rhodes, 2nd Lieut. U. S. R. M. THE UNITED STATES OF AMERICA. District of Alaska, ss. : I, A. T. Lewis, Clerk of the United States District Court for the District of Alaska, do hereby certify that the foregoing annexed papers are the exhibits referred to in the depositions of witnesses for the United States in the action of the United States vs. Schooner "Onward" pending in said Court, and which were used in evidence at the hearing of said action. In Testimony Whereof I have hereunto set my hand and affixed the seal of said Court at Sitka in said District this 22d day of September, 1880. ANDREW T. LEWIS, Clerk. ,0 (Endorsed)— No. 49 United States vs. Schooner " Onward." Exhibits. Aud afterwards, to-wit, on September 20, 1886, the de- fendant, Charles Spring, filed his demurrer to the libel of information herein, which is in words and figures following, to wit: In the District Court of the United States for the Dis- trict of Alaska. United States ) 40 vs. > Demurrer. Charles Spring and Schooner " Onward." 1 The demurrer of Charles Spring & Co., claimants of the property proceeded against in the above cause to the amended information, filed herein 1st. The said claimants by protestation, not confessing all or any of the mattei-s in the said amended information con- tained to be true, demurs thereto and says: That the said matters in manner and form as the same are in said Infor- 5°mation stated and set foith, are not sufficient in law for the United States to have and maintain their said action for the forfeiture of the property aforesaid. 2d. The said claimants by protestation deny that this Court has jurisdiction to determine or try the question hereby put in issue. 3d. And that said claimants are not bound by law to answer , the same. Wherefore the said claimants, Charles Spring & Co. pray that the said information may be dismissed with costs. W. CLARK & D. A. DINGLEY, Proctors for Claimants. 69 (Exhibit No. 37). (Endorsed)— No. 49, In Admiralty.— In the United States District Court for the District of Alaska.— United States vs. Charles Spring & Co. and Scnooner " On- ward."— Demurrer.— Filed September 20th, 1886.— W. Clark & D. A. Dingley, Proctors for Claimants.— Andrew T. Lewis, Clerk. M 20 'o And afterwards, to-wit, on September 20, 1886, the fol- lowing further proceedings were had and appear of record in said cause, which are in words and figures following, to-wit: In the Matter of the United States ) No. 49. vs. ;■ Schooner " Onward." ) Motion for leave. Now, at this time comes the plaintiff by its attorneys, Mr. M. D. Ball and Mr. Wm. H. Payson, and moves the Court for leave to file an amended libel in the above entitled cause, which is by the Court allowed. In the Matter of the United States ) No. 49. vs. V Schooner " Onward." ) Claim of owner. Now, at this time comes Mr. Clark and Mr. D. A. Dingley, attorneys for defendant, and files claim of master for owner. In the Matter of the United States ) No. 49. vs. > 30 Schooner "Onward." j Demurrer. Now, at (his tin)e comes the parties above named by their respective attorneys, Mr. M. D. Ball and Mr. Wm. H. Payson, for plaintiff, and Mr. W. Clark and Mr. D. A. Dingley for defendant, and this cause coming on to be heard upon demurrer to libel herein, and the Court after hearing argument of counsel, and being fully advised in the premises, it is considered and ordered that the de- murrer be and the same is hereby overruled. And afterwards, to-wnt, on September 20th, 1886, the "^ plaintiff presented and filed amended libel of information in said cause, which is in words and figures following, to- wit: In the United States District Court in and for the Dis- trict of Alaska, United States of America. August Special Term, 1886. Tu (lie Honorable Lafayette Daivson, Judye of said Dis- trict Court: The amended ibel of information of D. M. Ball, Attor- 5°ney for the United States for the District of Alaska, who prosecutes on belialf of said United States, and being present here in Court in his own proper person, in the name and on behalf of the said United States, alleges and informs as follows, to-wit: That C. A. Abbey, an officer in the Revenue Marine Service of United States, in command of the United States Revenue Cutter "Corwin," and on special duty in the waters of the District of Alaska, heretofore, to-wit, on the 2d day of August, 1886, within the hmits of "°Alat-ka Territory, and in the waters tliereof, and within the civil and Judici"\l District of Alaska, to-wit: within the waters of that portion of Behring Sea belonging to the United States and said District, on waters navigable from the sea by vessels of ten or more tons burden, seized the schooner "Onward," her tackle, apparel, boats, cargo and ;■! 70 im m (Exhibit No. 37). furniture, being the property of some person or persons unknown to said Attorney; the said property is more par- ticularly described as follows, to wit: 1 Schooner "Onward," of Rope. Twine. Lamps. Oil. 3 Tons Salt. Casks and buckets. 400 Fur Seal Skins. Provisions. 12 Guns and amunition for same, Victoria, B. C 9 Canoes. Carpenters' tools. ID Caulking Implements 3 Anchors. Chronometer. Clock. Nautical instruments. Sails. Running rigging, and all other property found upon or appurtenant to said schooner. That said G. A. Abbey was then and there duly cora- 20 missioned and authorized by the proper department of the United States to make said seizures. That all of said property was then and there seized as forfeited to the United States for the following causes: That said vessel and her Captain, officers and crew were then and there found engaged in killiug fur seals, within the limits of Alaska territory, and in the waters thereof, in violation of Section 1956 of the Revised Statutes of the United States. That all the said property, after being seized as afore- 30 said, was brought into the Port of Unala.ska in said Ter- ritory, and delivered into the keeping of Isaac Anderson, a Deputy United States Marshal of this District, with the exception of the said arms and annnunition, which latter were brought into the Port of Sitka in said District, and turned over to the United States Marshal of this District, and ail said property is now within the Judicial District of Alaska, United States of America. And the said M. D. Ball, Attorney as afoiesaid, further informs and alleges: 40 That on the -Id day of August, 1S.S6, James Marketich, and certain other persons whose names are unknown to said Unit Master of said schooner, engage in killing and did kill, in the Territory and Dibtrict of Alaska, and in the waters thereof, to-vvit, 20 fui' i-eals, in violation of Section lof))') of the Revised Statutes of the United States in such cases made and pro- Sovidt'd. That the said 400 fur seal skins and other goods so seized on board of said schooner " Onward " constitute the cargo of said schooner, at the time of the killing of said fur seals, and at the time of said seizure. And said attorney saitli, that at all and singular the premises were and are true and within the admiralty and maritime jniisdiction of the United States and of this Honorable Court, and that by reason thereof and by force of the statues in such cases made and provided, the afore- 60 mentioned schooner, being a vessel of over 20 tons bur- den, and her tackle, apparel, boats, cargo and fuiniture, became and are forfeited to the use of the United States. Wherefore the said attorney prays, that the usual pro- cess and monition of this Honorable Court issue in this behalf against said schooner and all said hereinbefore de- n m (Exhibit No. 37). scribed property to enforce the forfeiture thereof, and re- quiring notice to be given to all persons to appear and show cause on the return day of said process why said forfeiture should not be decreed, and that after due pro- ceedings are had, all of said property be adjudged, de- creed and condemned aB forfeited to the use of the United States, and for such other relief as may be proper in the 10 premises. Dated September 20, 1886. M. D. Ball, United States District Attorney for the District of Alaska. (Endorsed)- No. 49.— U. S. Distiict Court, Alaska.— United States vs. The Schooner "Onward." — Amended Libel of Information. — Filed September 20, 1886. Andrew T. Lewis, Clerk. 20 And on the same date, the defendant Charles Spring filed his answer herein, which is in words and figures fol- lowing, to wit: In the United States District Court for the District of Alaska. United States 1 Charles Spring & Co. (--^"^wer. and Schooner " Onward." J 30 The answer of Charles Spring & Co., claimants and owners of the said Schooner " Onward," her tackle, apparel, furniture and caj-go as the same are set forth in the information filed herein in behalf of the United States. Now comes Charles Spring & Co. claimants as afore said, and for answer to the said information against the said schooner " Onward," her tackle, apparel, and cargo as set forth in said infoimation, says that the said Schooner "Onward," her tackle, ajjparel, furniture and cargo as set forth in the iiiformafion mentioned did 40 not, nor did any part thcieuf become foi-feited in manner aforesaid as in said information, in ihat behalf alleged, or at all. W^herefore the said claimants piay that said informa- tion be dismissed with costs to these claimants attached. W. CLARK & D. A. DINULEY, Proctors for Claimants. United States, District of Alaska, ss. : Personally appeared l)efore me, VV. Clark, who being Sodnly sworn upon his oatii, says: I am the duly aiitliorized proctor for tlie claimants above named, that the foregoing answer is tineas I verily believe. That the reason this affidavit is made by me and not by claimants, is because said claimants are nonresidents, and are absent from the District of Alaska. Subscribed and sworn to before me this day of September, A. D. 1880. Clerk of the U. S. District Court for Alaska. ^° (Endorsed)— No. 49.— In Admiralty. -In the United States District Court for the District of Alaska. — United States vs. Charles Spring & Co., and Schooner " Onward." — Answer of Claimants. — Filed September 20, 1886.— Andrew T. Lewis, Clerk.— W. Clark & D. K. Dingley, Proctors for Claimants. r I if 'I 10 73 (Exhibit No. 37). And afterwards, to-vvit, on September 2l8t, 1886, the fol- lowing further pi'oceedings were had and appear of record in said cause, which are in words and figures following, to- wit: In the matter of the United States ) y^ , t^ vs. ( . .. Schooner ''Onward." Now at this time conies the parties above named Mr. M. D. Ball and Mr. Wm. H. Payson, for the plaintiff, and Mr. W. Clark and D. A. Dingley, for the defendant, and plaintiff excepts to answers filed herein. It is considered that the answer is insufficient and defendant have leave to amend by 10 o'clock to-morrow morning. I Exceptions to answer. f|'||i And afterwards, to-wit, on September 22, 1886, the plaintiff filed exceptions to answer of defendant, which is 20 in words and figures following to- wit; United States District Court, District of Alaska, United States of America. United States vs. Tiie Schooner "Onward." No. -lit. The said libellant hereby excepts to the sufficiency of the defendant's answer herein on the following grounds: 1st. Said answer is not properly or at all verified, as re- 3oquii'ed by Rule 27 of the United States Admiralty rules. 2(1. Said answer is not full, explicit or distinct to each or any allegations one of the libel herein, as required by said rule. ikl. Said answer does not deny or admit any of the alle- gations of fact in said libel, but merely denies a conclusion of law. September 21. 18S6. M. D. BALL and W. H. PAYSON, Proctors for Libellant. 40 (Endorsed.)- No. 4. 60 Now at this day comes tlie parties Mr. M. D. Ball and Mr. Wm. H. Payson, proctors for plaintiff, and Mr. W. Clark, for defendant; on motion of proctors for libellant, it is ordered, that the depositions be opened and this cause coming on for hearing and trial of action, cause submitted for decision, ordered judgment of forfeiture as prayed for and decree l)e drawn by proctors for libellant. And afterwards to-wit., on October 4, 1886, the follow- ing further proceedings were had and appear of record, in said cause, which are in words and figures following, to-wit: 73 10 (Exhibit No. 37). In the United States District Court, in and for the District of Alaska, United States of America. United States ) vs. \ No. 49. The Schooner " Onward." ) The Marshal having returned on the monition issued to him in the above entitled action that in obedience thereto he has attached the said schooner "Onward," her tackle, apparel, boats, cargo and furniture, and has given due notice to all persons claiming the same to appear before this Court on this ith day of October, issti, at 10 o'clock A. M., at the District of Alaska, United States of America, then and there to appear and make their allegations in that behalf: And Daniel Monroe, the captain of said vessel, having heretofore filed a claim to all said property on be- half of Charles Spring & Co., of Victoria, B. C, the ,Q owners thereof, and no other persons having appeared, and no claims or allegations having been made or filed herein by any other person or persons, and the usual proc- lamation having been made, and said cause having been heard upon the pleadings and proofs. M. D. Ball Esq. and W. H. Payson, Esq., appearing as advocates for the said libelant, and W. Clark, Esq. as advocote for said claim- ants; and tne cause having been submitted to the Court for decision and due deliberation being had in the pretnises: It is now ordered, sentenced and decreed as follows: -Q 1st. That all persons whatsoever other than said claim- ants be and they are hereby declared in contumacy and default: 2nd. That said schooner "Onward," her tackle, apparel, boats and furniture, and her cargo of 400 fui' seal skins, and all other property found upon or appurtenant to said schooner, be and the same are hereby condemned as for- feited to the use of the United States. 8d. That, unless an appeal be taken to this decree within the time limited and prescribed by law and the rules of .pthe Court, the usual writ of venditioni exponas be issued to the Marshal commanding him to sell ail the said prop- eity and bring the proceeds into this Court to be distri- buted according to law. Costs to be taxed are awarded against said claimants. Dated October 4th, 188«. LAFAYETTE DAWSON, District Judge. Done in open Court this 4th day of October 1886 at Sitka, District of Alaska, United States of America. 50 ANDREW T. LEWIS, Clerk. (Endorsed)— No. 49. U. S. District Court. Alaska. United States vs. Schooner " Onward." Decree. Filed Oct. 4th, 1886. ANDREW T. LEWIS, Clerk. And on the same date, the defendant filed motion to set ^ aside decree, which is in words and figures following, to- wit: 74 '■ 1 1 'i (Exhibit No. 37). In the United States District Court Alaska. United States ] vs. for the District of Charles Spring & Co. and the \ M°*'«" *« «et aside decree. Schooner " Onward." J Now conies W. Clark and D, A. Dingley, proctors in- '°tervening for and in behalf of the claimants herein, and moves the Court to set aside the decree rendered herein, for the reason that the evidence produced on behalf of the United States is wholly insutncient upon which to base said decree. W. CLARK and D. A. DINGLEY, Proctors for Claimants. (Endorsed) — No. 49. In Admiralty. In the United States District Court for the District of Alaska. United 2oStates vs. Charles Spring & Co., and the Schooner " On- ward." Motion to set aside Decree. Filed October 4th, 1886. ANDREW T. LEWIS, Clerk. W. CLARK and D. A. DINGLEY, Proctors for claimants. And on the same date, the following further proceed- ings were had and appear of record in said cause, which 30 are in words and figures following, to- wit: In the Matter of the United States ) vs. > No. 49. Schooner "Onward." ) Now at this time come the parties above named by their attorneys, M. D. Ball for the plaintiff and W. Clark for defendant, and move the Court to set aside decree. Whereupon it is ordered that said motion be overruled. And on the same date the defendant filed notice of ap- '^ peal, which is in words and figures following, to-wit: In the United States District Court for the District of Alaska. United States 1 Charles Svvu^'& Co. and the [ Notice of Appeal. Scliooner "Onward." J Now come W. Clark and D. A. Dingley, proctors for and in beluilf of the claimants herein, and notifies the Honorable Court that they hereby appeal from the de- cree rendered herein, to the Ciicuit Court having appel- late jurisdiction over this District, and that said appeal is taken on questions of law and fact, and pray tbe Court for an order on its Clerk to prepare a complete transcript of the record herein as the law requires. W. CLARK and D. A. DINGLEY, Proctors for Claimants. (Endorsed)— No. 49. In Admiralty. In tbe United States District Court for the District of Alaska. United 60 States vs. Charles Spring & Co. ar.d the Schooner " Onward." Notice of Appeal. Filed 4 Oct. 1886. ANDREW T. LEWIS, Clerk. W. Clakk and D. A. Dingley, Proctors for Claimants. 50 76 (Exhibit No. r,7). And afterwards, to- wit, on December Otli, 1887, the fol- lowing further pi-oceedings were liad and appear of record in said cause, which are in words and H)i;ure9 following, to- wit: In District Court, United States, District of Alaska. The United States j vs. I 10 The " Onward," The " Caro- [ lena," The "Tiiorntun," | Their cargo, etc. J Now come the libelant and moves the Court to grant an order for the .'^iile of the arms and ammunition belonging to and taken with the above named vessel. WHIT. M. GRANT, U. S. Attorney. (Endorsed)— No. 49 The United S( tes vs. the " Onward" ,„ et al. Motion. Filed December 6th. 1S87. H. E. HAYDEN, Clerk. And afterwards, to-wit, on December (Jth, 1887, the fol- lowing further proceedings were had and appear of record in said cause, which are in words and figures following, to-wit: Court convened at 10 o'clock A. M., pui'suant to ad- journment. Present same as on last day. ^° United States ) i>s. Schooner "Onward," "Caro- lena" and "Thornton." Now comes Hon. W. M. Grant, r S. District Attorney for libellant and moves the Court to grant an order for the sale of the arms and ammunition belonging to and taken with the above named vessels. And afterwards, to-wit, on December I2th, 1^^7, the '^° following further proceedings were had and appear of record in said cause, which are in words and figures fol- lowing, to-wit: The United States 1 vs. \ No. 49. The Schooner " Onward," her cargo, etc. ) It is ordered by the Court that the United States Mar- shal for the District of Alaska sell the 12 guns, 1 can of powder, 1 keg partly filed of powder, i bag of shot, 2 50 small bags of caps, seized and condemned by decree in the above entitled cause. At Juneau in Alaska, after adveitising the same as re- quired by law, and that out of the proceeds of said sale he pay the costs and expenses of insuring, caring for, transpoi'tation and sale of said property, and that the bal- ance of said proceeds be disposed of as required by law and report to this Court his doings in the premises. (Endorsed) No. 49. In the U. S. District Court, Dist. of (3q Alaska. United States vs. Schooner "Onward." Older for sale of Arms, Ammunition, etc. Filed De- cember 12th, 1887. H. E. HAYDEN, Clerk. No. 49, 51, 50. ■>TT" Trt (Exhibits No. 37 O. B. and No. 5 U. S.) And afterwnrdH, towit, on January lo, 1H88, the fol- lowing further proctedings were had and apjioar of record in paid cause, which in words and figures are following, towit: In the matter of the t^ale of fire arms, seized on hoard the schooneis ('aroleiia, Thornton and Onward, and Ordeied sold hv this court in coniplianco with an order lodated July lit, l,s,s7. It is hereby ordered by the Court that the net sum aris- ing from the falc of firearms seized and condemned with the said schooners be paid to the Clerk of this Court by the Deputy U. S. Marshal. 20 United States Exhibit. EXHIBIT No. 6 (U. S.) CLAIM NO. 3. UNITED STATES OP AMERICA. United States Circlit Couut. ClHCUIT CoUKT, U. S. M.AS8. DiST. 83. To All People to Whom These Presents Shall Come, Gheetino. Know Ye That at a Circuit Court of the United States, begun and holden at Boston, within and for the Massa- chusetts District, on the fifteenth day of October, in the year of our Loid one thousand eight hundred and eighty- two, 3° To wit: On the 1st day of December, A. D., 1882, Alexandek McLean, of Boston, in said district. Mariner, born at Sydney, Island of Capo Breton, Nova Scotia, hav- ing produced the evidence and taken the oath required by law, was admitted to become a citizen of the said United States accoiding to the Acts of Congress in such case made and provided, all of which appears of record in said Court. In testimony wheueoe, I have hereunto set my hand and affixed the seal of said Court at seal. I Boston aforesaid, this .'ith day of October, A. D. 18!>6, and in the one hundred and 2l8t year of the Independence of the United States of America. Benj. H. Bradlee, Deputy Clerk of the Circuit Court of the United States for the Dis- trict of Massachusetts. 40 (Exhibit No. 38). Claim No. 2, "Thornton." EXHIBIT No. 88 (0. B.), CLAIM No. 2. Be it known that Pittman & KinvAUDs, tt'd .March I, issd, for £(t(Mi on Hull, Machinery, etc., scliooner " Thornton" foi' 12 months, by Pitman & Edwards. This policy is similar in form to Exhibit No. 38 (G. B.) printed above, and by order of the Commissioners on con- sent of counsel is not printed. > Nos. S4 and 8fi. Hans Guttormsen and Henry Norman ) Now at this time this cause coining on to be lieard with jojury as upon yesterday, who being in Court are called and answer to tlu'ir respective names, and being inquired of if they have found a verdict, reply that tliey have. Plaintiff now ap|H'ariiig l)y its atti)rney M. \). Ball U. S. District Attorney tor Alaska, and defendants Hans Guttormson and Henry Norman in person and by their attorneys W. Clark and D. A. Dingley the jury rendered the following vordict: We the jury in tiie cause of the United States vs. Hans Guttormsen and Henry Norman, find as follows: 1st. 6oThat the defendants are guilty; :id. That the Captain, Hans Guttormsen, pay a tine of tive huiidred dollars (!i!,M)(i (KM, and bcj imprisoned for the term of thirty days; 3rd. That the mate Henry Norman, pay a fine of three hundred dollars (|3(mi. District Court of the United States, -o tor the District of Alaska, began and held at Sitka in said ' District on Monday the day of May. issCi, and ad- journed from time to time until August i-'s, issi;, when M. D. Ball, Esq., U. S. Attorney for the Disliict of Alaska, presented and filed, the libel of information in said cause, which is in words and figuics following, to- wit: In the District Court of the United States for the Dis- trict of Alaska. August Special Term ISsd. (^QTothe Honorable Lafayette Dawson, Judge of said Dis- trict Court. The libel of information of M. D. Ball, Attorney for the United States for the District of Alaska, who prosecutes on behalf of the said United States against the schooner Thornton, her tackle, apparel, boats, cargo and funii- 82 (Exhibit No. 45). ture, and against all persons intervening for their interest therein, in a cause of forfeiture, alleges and informs as follows: That Charles A. Abbey, an officer in the Revenue Marine Service of tiie United States and on special duty in the waters of the District of Alaska, heretofore, to-wit, on the first day of August, ISSO, within the limits of lo Alaska Territory and in the waters thereof, and witliin the civil and judicial District, to-wit, witliin the watei's of that portion of Behring Sea belonging to said District, on waters navigable from the sea by vessels of ten or more tons burden, seized the ship or vessel commonly called a schooner, the Thornton, her tackle, apparel, boats, cargo and furniture, l)eing the property of some person or persons to the said Attorney unknown, as forfeited to the United States for the following causes: Tiiat the said vessel or schooner was found engaged in 20 killing fur sea4 within tlie limits of Alaska Territory, and in the waters thereof, in violation of Section nineteen hundred and fifty-six of the Revised Statutes of the United States. And the said Attorney saitii that all and singular the premises are and were true and within the admiralty and maritime jurisdiction of this Court; and that by reason theref)f, and by foi'ce of the Statutes of the United States in such cases made and provided, the aforementioned schooner or vessel, being a vessel of over twenty tons bur- 30 den, her tackle, apparel, boats, cargo and furniture, be- came and are forfeited to the use of the United States, and that said schooner is now within the District afore- said. Wherefore, the said Attorney prays that the usual Erocess and monition of this Honorable Court issue in this ehalf, and that all persons interested in the beforemen- tioned and described schooner or vessel may be cited in general and special to answer the premises, and all due proceedings being had, that the said schooner or ves- 40se], her tackle, apparel, boats, cargo and furniture, may for the cau!::e aforesaid, and others appearing, to be con- dennied by ti;e definite sentence of this Honorable Court, as forfeited to the use of the said United States, according to the form of the Statute of the said United States in such cases made and provided. M. D. BAI L, U. S. Dist. Attorney for Alaska. (Endorsed) — No. r»(t. United States r.s. Schooner "Thorn- ton." Ijjbel of Information. Filed this ^Hth day o' August, ISSf). ANDREW T. LEWIS, Clerk. 50 Depositions of Wh'nksses Examinkd Septk.mbku 7, ISSd. Captain C. A. Abbey, being duly sworn, deposes and says: Mr. Payson: 60 Q. State your name and occupation? A. Captain C. A. Abbey, in the United States Revenue Marine service, at present in conunand of the U. S. Reve- nue steamer " Corwin," on special duty in Alaska waters, for the protection of the Seal Islands, and of the Govern- ment interest in Alaska generally. 88 (Exhibit No. 45). Q. What were you doing and what occuri'ed on the first day of August last in the line of your duty? A. I was cruising in belning Sea, about 70 miles south southeast from St. George Island, in about lati- tude and Longitufle. I found the four boats of the British steam schooner " Tliornton," of Victoria, B. C, engaged in killing fur seal. Each boat had in her 10 from three to eight freshly killed seal, arms and ammu- nition, rowers and hunters, wlio stated that tliey belonged to said schooner " Thornton." and were engaged in taking or killing fur seal. Some of theui, if not all. were seen shooting at the fur seal vhich were swimming in their neighborhood. On this evidence I caused the vessel to be seized by Lieut. Cantwell; took her in tow and proceeded with her to Oonalaska, where I placed the vessel, cargo, tackle, furniture and a])purteuances in ciiarge of Deputy United States Marshal Isaac Anderson, of Oonalaska. ^oTIie cargo of fur seal being stored in " Ketch " in one of the warehouses of the Alaska Commercial Company, and under seal. One boat of the "Thornton" was sent to Sitka by the schooner "San Diego," and placed in the custody of the United States Marshal at Sitka. All of this property is now in the custody of the United States Marshal at Sitka, including her arms and ammunition, which I brought to Sitka on the "Corvvin." Q. Was this the vessel against which this libel of infor- mation was filed? 30 A. It is. Q. Did this all occur within the waters of Alaska, and the Territory of Alaska, and within the jurisdiction of this Court? A. It did. i^. Did this occur within the waters of the sea navi- gable for vessels of ten (10) tons burden or over? A. It did. C. A. Abbey. Subscribed and sworn to before me this 9th day of Sep- 40tember, 1886, after having been read over by me to de- ponent. ANDREW T. LEWIS, Clerk U. S. District Court. Lieut. John C. Cantwell being duly sworn depose and says: Mr. Pay son: Q. State your name occupation and age. A. John C. Cantwell ;^rd Lieut. U. S. Revenue Marine 50 Service, at present on duty U. S. Revenue Steamer " Cor- win " and over the age of twenty-one years. Q. Were you so on the Jst day of August last? A. I was. Q. State what occurred on that daj'' in the line of your duty. A. I saw a small boat on o)ir port bow, we came up to her, and found ^he had about eight fur seal aboard. The men in the boat wore armed with breech loading rifles. In answer to the coiuniandiug officer the men admitted they Tx) vvere killing fur s al Shortly after we picked up a sec- ond boat, and then sighted the schooner "Thornton." There were dead seal in the second boat. I did not ex- amine the other b«wt5*. I was sent on board the schooner, saw Hans. Guttorm?<'n apparently acting as Captain, and Henry Marman as mate. 1 asked them what they were B^ 84 (Exhibit No. 45). doing, the Captain replied, catching seals. I signaled this to Captain Abbey, who directed me to seize her, which I did, and the "Corwin" took the schooner in tow. The fur seal in the boats were bleeding and must have been killed within a few hours. Q. How many men were on board th^^ "Thornton" at the time of seizure? lo A. About fifteen. Q. Was this a reasi .liable number for ordinary purposes of commerce and navigation? A. It was an unusually large number for the size of the vessel. Q. Do you recognize this paper marked (Ex. " N ")? A. I do. It is the official inventory made by me of the furniture, tackle and cargo of the schooner "Thornton," the item WA seal skins mentioned in the inventory are fur seal skii s. This inventory gives a full and correct list of 20 all the furniture, tackle and cargo of said vessel, with the exception of the following arms and ammunition, octant, and one chronometer. This witness then signed his name on the back of this paper, for the purpose of identification, and made the same a part of deposition. ANDREW T. LEWIS, Clerk. By Witness: There is one boat belonging to the , " Thornton '' that was sent down on the " San Diego "and ^ included on the inventory of the "San Diego." The "Thornton" had four boats. JOHN C. CANTWELL, 3rd Lt. U. S. R. M. Subscribed and sworn to before me this !»th day of Sei)teinber, A. D. 18t<«i, after having been read over by me to deponent. ANDREW T. LEWIS, Clerk U. S. District Court. John M. Rhodes, being duly sworn, deposes and says: Mr. Pay son: Q. State your name, age and occup-ation. A. John M. Hliddes, over twenty-one years of age, and a Lieut, in the U. S. Reveime Marine and attached to the Revenue steamer " Corwin." and was so on August 1st, lb.s(i. Q. State what hapiiencd on the la.st named day in con- nection with the schooner "Thornton." io A. I was on the " Corwin" at the time the "Thornton" n-as seized on that day. We first picked up a boat bearing the name "Thoriiton." It had about eight dead fur seal in it. The men in the boat bad l)r('ecbloading rifics. We afterw-anls picked up another boat, and then sighted the schoonnr " Thornton." and went on board, and was put in chatge of her. We aftorwaids picked uj) two more boats. The men in the lio.its claimed that the boats be- longed to the " Thornton." and were put on board iier. There were between fifteen or twenty dead fur seal on '^deck and one hair seal. These seal were, the niost of them, bleeding, and evidently recently killed. The Cap- tain and sev(>ral of the huntei -; said they had killed twenty- one, I think it was fur seal^ that day, and would have got more if they had had more day light, and if the cutter had not come up. S5 (Exhibit No. +5). Q. Do yoii recognize these papers? A. I do. Thifc. paper niariced (Ex. "G.") is the clearance paper of the schooner "Thornton." This paper marked (Ex. " H.") is her bill of health. I found these papers on the schooner " Thornton " at the time of seizure and then took possession of them. The witness then signed his name to these papers 10 for the purpose of identification and made the same a part of the deposition. ANDREW T. LEWIS. Q. What was the list of arms and amunition found aboard the schooner " Tliornton " at the time of seizure? A. 4 Rifles. <) Shot guns. 867 " " Cartridges. 420 Rifle lOslbs. Powder. 2 Bags bullets. 11 Bags buck shot. .') bxs. wads. 3i " primers. Q. What became of these arms and ammunitions A. They werj delivered to the U. S. Marshal at Sitka, and are now in his custody. JOHN M. RHODES, Lieut. U. S. R. M. 30 Subscribed and sworn to before me this 8th day of Sep tember, A. D. 188t>, after havmg been read over by me to deponent. ANDREW T. LEWIS, Clerk of the U. S. Dist. Court. :o M r 40 John M. Rhode.s, being duly sworn deposes and says: Mr. Payson: Q. State your name, age and occupation? A. John M. Rhodes Lieut. U. S. Revenue Marine, at present on duty on the U. S. Revenue Steamer '' Corwin " and over the age of twenty-one years. Q. State what nautical instruments, if any, were seized on the schooner "Thornton" except such as are included in the general interventory? A. 1 Chronometer, No. 1374, made by Kessels. I Octant. Q. What has become of this property? A. 1 turned it over to the U. S. Marshal at Sitka, and -git is now in his custody JOHN M. RHODES. Subscribed and sworn to before me this !)th day of Sep- tember, A. D. 1880, after having been read over by me to deponent. ANDREW T. LEWIS, Clerk U. S. District Court. 60 w H() (Exhibit No. 45). Inventory of Pkoi'Erty on board the British Steam Schooner "Thornton." Delivered into the custody of the U. S. Dept. Marshal Isaac Anderson, Ounalaska, Alaska, August 15th, 18sr.. 1 Schooner (the Thointon) of Victoria, B. C. ;^ Anchors Fair lo;? Axes " 1 Auger " 1 Brace and bit " '^ Boats, fishing, with sails and gear " 1 Broom, corn " 4 Buckets " 1 -Bell, ships Good I Bottom, hand " 1 Barometer " 1 Binnacle, light Fair 20l' Blocks, double. " L' •' single " s Casks, water " 1 Cliisle. cold Good 1 ' ■ wood " ;'> Compasses, boat Fair L> " large •' 1 Clock " 2 Cables, chain, 4". and jin " .'i Tons coal Good 3°:^ Charts Fair 10 Yds. canvas Good 1 Calking iron *' 1 Coffee itot Fair 2 Files _ " 1 Flag, Br " 1 Fog horn.. " 4 Fishing lines " 2 oil Fair 2 Fire tools _ Good 4°! Grindstone " 1 Globe, lam]» " L' glasses " 2 Hatchets " 1 Hninmer " ;")( I Ft . hose, fine rubber Hin " ;> Jugs, water " 1 Kettle, iron *' :', Knife Sheaths " '_' Lamps, swinging ... Fair 5°! Lamp,deck " 2 Lead pigs Good •J Lanterns, side " 1 Longline and 2 glasses " 1 Lead line and tow (71b.) " 1 Life buoy and line.... " 120 Fathdins manilla line " 1 Mallet, sewing... Fair ;■> Pounds nails asst Good 5 Gals, fish oil '• 607 " coal " " L'o Oars (10ft.) _ " I Plane Fair 12 Pfddles... " 1 Palm, sewing Fair I Pump, bilge Poor 87 (Exhibit No. 45). 1 Pitcher, water Good 4 Ft. packing rubber for cyhnder " ['2 Row Locks " 20 Sacks Salt, 4U0 IbH. each " 1 Saw ■2 Stoves Fair I Square, carpenter's " 10 1 Spike, marhn '' 1 Slop bucket " :'. Shirts, caHco "' 1 Shirt, Woolen ..- " J Scraper " 1 Screw Driver " •.'Shovels " . 1 Screw Lamp " 1 Starting bow " 4(18 Seal skins " 20 8 " " pup " 1 Seal skin hair " Sail and Running Rigging. 3 Main sails with one set of gear complete.... 2 Fore sails with one set of gear complete I Jib with one set of gear complete 1 Flying jib with one set of gear complete 4 Boat Fair ■'< Tanks, iron Good 1 Tacklewatch.. " ■^ 1 Tarpan line 1 Wrench, monkey '' 2 Wrenches, ordinary " Provisions. ■') Boxes bread - -. 4or) ll)s, Flour KMi " Lard Received from Capt. C. A. Abbey, Commanding the U. S. Rev. Str. " Corwin," the above-mentioned property, '*° which I will hold until it is demanded by legal authority. I. Anderson, Deputy IT. S. Marshal. Ounalaska, Alaska, August 14th. 1^^S<1. Exhibit "N" John C. Cant well. A. T. L. And afterwards to-wit, on September 2oth, 188(1, the ilefendant, J. D. Warren, tiled his demuirer to the libel 50 of information herein, which is in words and figures fol- lowing, to-wit: L\ THE UNITED STATES DISTRICT COURT For the District of Alaska. District op Al.\ska, ] United States, | ?vs. I' Demurrer. J. D. Warren and the I Schooner " Thornton." J 60 The demurrer of J. D. Warren claimant of the property p'-oceeded against in the above cause, to the information filed herein. 1st. Tlie said claimant by protestation, not confessing all or anv of the matters in the said amended information con- r^^ 20 88 (Exhibit No. 45). tainod to be true, ilomurs thereto and says: Tliat the said matters in manner and form, as tlie sam»? are in the in- formation stated and set forlii, are not sutticient in law for the Unit«d States to havu and maintain their said ac- tion for the forfeituie of the propeity aforesaid. •J.ND. The said claimant l)y protestation denies tliat this Court 10 has jurisdiction to determine or try tlio (|Ue8tion liereliy put in issue. ;{K0. And that the said claimant is not hound in law to an swer the same. Wherefore claimant prays that .said information may l)e dismissed with costs. VV. CLAKK & D. A. DIN(iLEV. Pi'octors for Claimant. (Endorsed^— No. 5(> In Admiralty. In the United States District Court for the District of Alaska. United States vs. J. D Warren and the Schooner "Thornton.'" De- murrer. Filed Sept. -2t\ isjstl. ANDItEW T. LEWIS, Clerk. W. Clark & D. A. Dinoi-ky, Proctors for claimant. And on the same date, the defendant J. D. Warren tiled his answer herein, which is in words and figures following, lo wit: 30 IN THE UNITED STATES DISTRICT COURT For thk District of Alask.\. UNrrKi) States | J. D. Warr..:n Imd the Schooner f ^''^wer of Claimant. " Thornton." J The answer of J. D. Warren, owner and claimant of the said schooner "Thornton," her tackle, ai)parel, fuiniture and caigo, as the same are set forth in the information 40 filed heiein in hehalf of the United States. And now comes J. D. Warren, claimant as aforesaid, and for answei' t<. J. 1). WaiTon and the schooner "Thornton." Answer. Filed Sept. 20, 1880. ANDKEW T. LEWIS, Clerk. W. Clakk and D. A. Dinoi.ky. 10 Proctois for Claimant. And afterwards to wit, on ()oto!)(>r :i4, Issc, the follow- ing further proceedings were had. and appear of record, in said canse, vvliich are in words and figures following, to- wit: In the matter of the United States j vs. > No. Schooner "Thornton." j ,ij The Marshal having returned on the mduition issued to him in the aliove entitled action that in obedience thei-eto he has attached the said schoonei' "Thornton" her tackle, apparel, boats, caigo and furniture, and has given due notice to all jjcrsons claiming the sam(! to appear befoi'e this Court on the 4th day of October, isst;, at lo o'clock A. M. at the District of Alaska, United States of America, then and there to interpose their claims and make their allegations in that behalf: and Hans Guttormsen, the captain of said vessel, having lierotofore tiled a claim to ,Qall of said jjroperty <»n behalf of J. D. Warren of Victoria, B. C, the owner thereof, and no other peisoiis having appeared, and no claims or allegations having been made or filed herein by any othei- person or persons; and the usual proclamation having been made, and said cause having been heard upon the pleadings and proofs, M. D. Ball, Esq., and Wm H. Payson, Es(|., appearing as advocates for said libellants, and W. Clark as advocate for said claimant, and said cause having been submitted to the Court for decision, and due deliberation having been .gliad in the premises, it is now ordered, sentenced and decreed as follows: 1st. That all persons whatsoever other than said claimant be and they are hereby declared in contumacy and in default. 2nd. That said schooner "Thornton," her tackle, apparel, boats and furniture, and caigo of four hundred and three (403) fur seal skins, and all other property found upon and appertinent to said schooner be, and the same are hereby condemned as forfeited to the use of the -Q United States. 3rd. That unless an appeal bo taken to this decree within the time limited and ])rescribed by law and the rules of the Court, the usual writ of voiditioiii exponas be issued to the Marshal commanding him to sell all the said propel ty and bring the proceeds into this Court to be disbursed according to law. Cost to be taxed, are awaided against said claimant. Dated (October 4, issti. Lafayette Dawson, rio District Judge. And on the same date the defendant filed motion to set aside decree, which is in words and figures following, to wit: .ir IMAGE EVALUATION TEST TARGET (MT-3) 'ks 4^ 1.0 ^^ tii " m 12.2 2f BA ■" I.I £ L£ 12.0 ^ IJi& IIB£II4U^ HiolDgraphic Sciences Corporation 23 WtST ) V'N STRMT tMfBSTIR.N.Y. 145M (7I«)I72-4S03 ■ m m (Exhiliit No. 4.'. I. In thf ITtiited StaU'8 District Court for tht- District of Alaska. United StateH 1 va. I Motiiin to set aside J. D. Warren, and tho Scliooner f Dfcree. "Thornton." I Now comes \V. Clark anti D. A. Dingley. proi-tors in- ioterv(>ning for and in lieiialf of tiie claimant herein, and moves till! Conrt to set asitlf the decree rendered herein, for the reason that tlie evidence produced on hehalf of the United States is wholly insuthcient n|ioii which to huse said decree. W. CLAHK an! D. A. I)IN(JI.EY. Froct(jrs for Claimant. (Endorsed)- No. .'lO. In Admiralty. In the United States District Conrt for the District of Alaska. Uniter 4, iSMtt, from Huns (iutturnisen t«» J. I). Waii-en. This letter is printed in fnll at \>:\^e !»4)» of the Record liurein. lO EXHIBIT NO 47 (0 B ) CLAIM NO. 2 \A)(i Book of schooner "Tiiornton " fiom May M to Sep- tember lHchooner " ThornfiMi," now ready to proceei^i rill'is, and all such necessaries for the voyage, and send the said vessel to the North West Coast and the Rehring Seas, or wheie the Master may Miiiik best for the purpose 30 of fishing and hunting. SkcoxI) Vaht, W. each of us of the second part, agree to proceed on the said Schooner " Thornton," and will obey tile .Master's orders, and in the capacity and for the stated sum as set ngain.st our resiwctive names. The voyage to end »)n the return of the said Schooner " Thornton " to Victoria, or some other Port in B. C, the dangers of the Sea and navigation excepted. Hunter. One Dollar and fifty ^ cents for each fur seal de- I v ;i hi .; 40 livered in go (J. W. Cleveland, to Schr. "Thornton."' \ Hunter. !ifil..">o for each fur seal | delivered in good order by me ■ Ueorge W. Johnson, to Schr. " Thornton." ) Hunter. ♦l.i"»o for each fur aeul delivered in good order by me 50 to Schooner " Thornton." Boat- pullers. Fifty cents for each fur seal delivered in good order to the Schooner " 'niornton," from the Hunter of the boat that I may be working in at the time that they were got. .J. 1). AVAHUAN, On behalf of the Schooner Witness: ^« M. N. S.4HEAULT. Fred. Wilber. ' Sam. Lawless. ' John Doiiggan. Slobn Dallas. ! Jack Douglas. Wm. Cleveland. Thornton." 20 30 9» (Exhibit No. 47). Extracts from Log of "Thornton." May2(i, issu. At Clayoquot— Strong 8. E. ans, lSf>«!. Light breezes from W. S. E. and clear weather. The Compass is found to have K! Westling Deviation for West Course, and decreases in proportion to o for North and o for South. At 11 left Ahouset. At ll.liOgot one Indian on board as Boat-puller, lielonging to Hosquot. P.M. Obs: ]-ong: li'»'> 7. All sails set. May -29, ISSC. Calm and clear weather. At s. the Boats left the vessel. Light S. W. and clear. At '.i, the l)oat8 returne. Fresh with rain thick. Lat. N: 4S-22; Long. W: 131-50. P. M. Clear. JniK' 5, ISSC. Obs: Lat. N: 4S-23; Long. W: 132-20. Very light and cloudy. Sun's Alt: .54'-2'. 1'. M. Fresh breezes and rain thick. Passed a Bark steering about E. N. E. Squally. June (5, issr.. Squallv. Obs: Lat. N: 49-11; Long. W: ISS-.W. Sun's Alt: G3°- 20'. P. M. Variable and squally. June 7, 188fi. Lat. N: 50.24; Long. W: 134.3s Sun's Alt: r>2°-lH', (not to depend on). 40 50 rx) 98 (Exhibit No. 47). P. M. Light breezOT with showei-s. Tacked Ship. June H, 1886. Obs. Lat. N: 50-4: Long. W: l8i)-54. Tacked Ship. SuiVs Alt: 62°-3H' in S. P. M. Very light and va.it»ijie. Cloudy weather. June \ 1886. Very light. Variable and cloudy. Tacked Ship. Sun's ioAlt:61°-55'. Obs. Lat. N: r)()-.52; Long. W: 13«-4. P. M. Tacked Ship. Very light air with cloudy weather. 2 boats out looking for seals. At 4, Obs: Long. 136-8 VV. June 10, 1886. Calm. Lat. N: 50-56; Long. 136-25. Sun's Alt: 62°-5'. P. M. Light breezes. Clear weather. Rain thick. June II, 1886. Thick fog. W. S. W. Deviation ri° W. Lat. N. 50-35; Long. 138-45:; 20 P. M. " " " June 12, 1886. Fine breezes and thick weather. W. S. W. Deviation 12° Westerly. Lat. N. 50-31; Long. W. 141- 1 8. P. M. Cleai-ed up little. Westerly Sea coming up. June 13, 1886, Light breezes and heavy sea from W. Lat. N. 50-28; Long. W. 142-40. Clear weather. Sun's Alt. 62°-4'. 30 P.M. Very light and calm. Glass falling and the Sea going down. Cloudy. June 14, 1886. Light air and cloudy. Freshening little. Fresh breezes with rain and thick weather. Lat. N. 50-27; Long W. 145-56. June 15, 1886. Lat. N. 50-14; Long. W. 146-21. P. M. Light air Avith thick weather. June 16, 1886. 40 Variable and thick fog. Lat. N. 5o-3; Long. W. 147-32. P. M. Fresh breezes with thick weather. June 17, 1886. Cleared up little. Glass falling fast. Lat. N. 51-17; Long. W. 148-6. Heavy Sea coming up from the Westward. P. M. Strong breezes, heavy Sea. 1.30 tacked Ship— Reef in the Main Sail. At 4, 2 reef in the Main Sail and one reef in Foresail and Jib — put her round for Starboard Tack, heavy Sea. 50 At 10, Main Mast had carried away and the Main Rigger came down by run. All hands to work for to saive the Mast from going over-board, and put her for double Reefe foresail. June 18, 1886. Blow hard in squalls. Heavy rolling. All hands at work with the Rigging. Moderating little. Cleared up little at Noon. Sun's Alt. : 63°-13'. Lat. N., 50-56; Long. W. 148-5. ' P. M. Blowing strong with thick weather— heavy Sea. 60 Dangerous rolling. June 19, 1886. Lat. 49-39; Long. 147-50. Cleared up little between the squalls, P. M. Moderating. Heavy Sea. ■*•. 94 (Exhibit No. 47). June 20, 1H86. The Sea decreaHing a little. All hands at work with the Rigging, and steered right for the wind with reefed Jib. Lat.N: 49-19; Long. 147-64. P. M. Got the Rigging fixed ro sails could be set again. All sails set. Still hope to come to Behring Sea in good time. 10 JuHe'il, 1H8«. Light air and cloud v weather. Lat. N: 49-22; Long. W: 149-21. Sun's Alt: 64''--21'. P. M. Fresh breezes. jH>/e22. 18H«i. The wind dying away and the weather clearing up. At n the Stay carried away. Got it fixed agam imme- diately. Obs.— I^t. N: 48-10; Long. W: 151-C. SunV Alt:65''-5'. P. M. Calm. Cloudy. 20 Jidie 2:J, I.S8U. Fine breezes coming up. liain thick and fog. Got one seal. Lat. N: 48-28; Long. W: 150-41. P. M. Very light air, with thick weather. Jime 24, 188rt. Very light air. Weather clearing. Lat. 49-1; Long. 1.51 -3(». Sun's Alt. 64''-21'. P. M. Light breezes. Foggy weather. June 25, 1886. Very light air. Thick weather and fog. 30 Lat. 49-:i7; Long. 152-40. P. M. Cleared uj). Freshening little. Fog. June 2t!, 188(i. Fine breezes with thick fog. Lat. N:.^)0-lti; Long. \V:1.'>4-Ui. P. M. Fresh iireezes with tliick fog. Jiiiia 27, lH8ti. Fresh brt'ezes witli tliick fog. Lat. 51-8; Long. 15«i-34. P. M. At 1 Ohs.— Lat. .-> 1-29 North. Sea from S. W. 40 June 2s, lss(i. St'.i from S. W. Frcsli Itieezes with thick fog. Cleiirin}; little. Lat. N: 52-24; Long. W: l.-)S-57. Sun's Alt. tlH^-:5r ill South. Deviation 1:5 W. P. M. H.40 Obs.— Long. VV: Itio-.H. Light breezes. Cloud V. ./line 29, issti. Very light air. . Clear weather. Lat. .'.2 -.VI; Long. !(!(»-:$. Sun's Alt: .W-.'id. Deviation l2-.'{o W. 50 P. M. Light breezes. Thick weather. Jmie .".o. iSHd. Light breezi'S. Thick weather. Clearing little. Lat. N: 5:?-;{7; Long. W: 101-41. Sun's Alt: 59-21. Deviation i;^ \V. P.M. Light breezes and thick weather. Fog. July 1, 1880. Light breezes. Thick weather. At 4 o'clock 45. (Black Sand). Fog. Lat. N: .54-2; Long. 163-7. At 10 o'clock 49. 60 (One Schooner in sight E. N. E.) Deviation 14 W. P. M. At 1 o'clock 40. Calm and thick fog. At 6, land in sight (Tigalda Island, in North.) 5 or 7 miles off. Lowered boat and went on board the Steamer "Dol- phin." (" Dolphin " 107 seals). 90 ht 14. (Exhibit No. 47). Jnlfi 2, 188«. Calm and fog. At 6. Cleared up. Steered through Uiiiniack Pass with Sail and Steam also in tow of the Schooner " Dolphin." Light air and clear. I^at. 54-15: Long. l«4-40. P. M. Schooner "Grace" in sight, about 16 miles E. S. E., off Uniniack Pass, lo In company with Schooner "Alfred Adams " in Uni- mack Pass. At .') P. .M., Schooner " Dolphin " left us. At 6 P. M. bearing from land, \a\%. 54-25; Long. lt(5-0. Steering for fresh water place bearings off C. Saritclew. Fresh N. N. E. and cloudy. July 8. IH8«. At A. M anchored in Ft. water. Lat. 54-85; fjong. 104-3«, and filled up water. At 7, Schooner "Grace" arrival and anchored. 20 At !», left the anchorage— Steam and sail - very light nir. High tide ebbing. (At 11, the Tide supposed to turn). P. M. (Steam and sail). Very light air and thick weather. (The stopped). Fresh breezes. Light breezes. July A, 1880. Fine breezes and cloudy weather. The boats loft the vcHsel. Lat. N: 55-22; Long. W: H!(!-ll. P. M. Light breezes and cloudy weather. 30 The Boats returned with 8 seals. July 5, l8Hri. Fresh breezes and cloudy. The boats left the vessel. Lat. N: 55-4<>; Long. W: Ifi7-2H. Fog. 2 boats returned. Clearing little. Sun's Alt: 5('»-H5. (The current must sot to the north.; P. M. (All the boats out.) I'lenty of seals but not in sleep. Fog and rain. (The boats returned with no seals.) Tacked ship. Frusli bret'ZPS. 4° .//(/// n, iss«i. Light broozL's and clearing up. Tacked ship. The boats left the vessel. Lat. 5(i-(i; Long. W: l«>7-.->5. (Many ses>Is asleep in sight from tln^ vessel.) Sun's Alt: ."»t'»-2!». P. M. Calm and clear. Seen over 4o seals sound asleep from the schooner. Cloudy. Light breezes. (Boats returned with 44 seals.) ./»/// 7, issiJ. Tacked ship. Light breezes. Cloudy weather. The boats left the «clio(mer. Lat. N: ."itl-d: Long. W: ItlS 17. 50 P.M. Light breezes and cloudy weather. Tacked Ship. The boats returned with 42 seals. July s. ISHC. Light breezes and cloudy weather. The boats left the vessel. Tacked ship. Lat. 55-44; Long. 1(58-45. Sun's Alt: 5(')-31. P. M. Calm and clear. At 3 o'clock Obs. Long. 168-5. The boats returned with 47 seals. July ft, 1886. Calm and cloudy. Fresh breezes. Strong breezes. 60 Lat. N: 56-57; Long. W: 168-43. P. M. Strong breezes and rain. Tacked ship. July 10, 1886. Fresh breezes and rain. Tacked ship. Lat. N: 55-43; Long. W: 160-10. The wind calming down. P. M. At 1, the boats left the vessel. Fresh breezes (Exhibit No. 47). and heavy sea for boats. The current must set strons: to the eastward. The boats returned with 1 seal. Tacked ship. Obs. Long. I. Sun's Alt: 55-44. P. M. Light breezes and cloudy weather. The boats returned with 10 seals. July 13, IHOO. Light breezes and foggy. Lat. N : 55 30; Long. W: 170-8. 2o The boats left the vessel. P. M. Clearing up. The boats returned with 34 seals. July 14. 1880, Light breezes and rain thick. Clearing little. The boats left the vessel. Thick fog and light breezes. Lat. 55-21; Long. 170-45. P. M. Light breezes and thick fog. All sails down. Firing and illumir. ion for the boats as have not arrived. July 15, 1880. 30 The boats returned with 7 seals. Clearing up little. Light breezes and foggy. Lat. 65-20; Long. 170-49. Clearing. Sun's Alt: 55-20. P. M. Fresh breezes and fog. Tacked ship. Mainsail and Jib fast. Strong breezes and rain thick. July 10, 188«!. Light breezes and thick weather. Tacked ship. Ail sails set. The boats lowered. Lat. N: 50-5; Long W; 170-57. Obs. I^at. at 11.32, 56-3. P. M. Light braezes and fog. Boats returned with 8 40 seals. July 17, 1880. Fresh breezes and foggy. Sun's Alt: 54-40. Lat. 50-23; Long. 171-0. P.M. The boats left the Schooner. Light breezes and clearing weather. At 4 P. M., Obs: Long. 109-25 -and by bearing from St. George Island, the Chronometer found to be corrected. (St. George Island in N. N.W. WestPt.) The boats returned with no seals at all. July 18, 1880. 50 (The current set strong to the S. W.) The boats left the vessel. Light breezes and cloudy. Obs. Lat. 50-7; I^ng. 10!>-58. Sun's Alt: 54-37. P. M. The boats returned with 9 seals. Fresh breezes & cloudy. July 19, 1886. (Put her for Port Tack). Strong breezes and rain thick. Flying Jib fast. At 2 o'clock the Fore Stay carried away. Put her under single reef Foresail, and f^ot the Stay set up as soon as possible. Heavy Sea coming up 6oand the Glass fulling. Lat. 50-14; Long. 168-41. July 20, 1880. The wind dying out. A Schooner in sight W. N. W. The boats left the vessel. Calm and thick weather. Lat. 56-81 ; Long. 169-5. ii< mj (Exhibit No. 47). I*. M. At 1 o'clock cloaring up ami by lH>ai'ingH from St. George iHlaiuI, Lat. M-'.M; Long. H',!»-o. Fresh breezes and cloudy \\«»ather. ./«/// 21. lAXH Light breezes and clearing weatiuT. Schooner "Onward" in sight. Calm. The boats left the vessel. Lat. Mt-ii; Long. DtK «>. I" P.M. In company with Schooner "Onward'' (3U0 seals.) Very light air and clear weather. The boats returned with ISi seals. Jf'Iff '2'2. issc. Light bi-eezes and clear weather. The boats left the ves- sel. Lat. N: r.5-4«l; Long. W: U\s v.*. Sun's Alt: 54-14. I*. M. Very light air. clear weather. The Iwats re- turned with M seals. Jiilif i:i. iHSt;. -o Light air. Cloudy, (ija.ss falling. The boats left the vef^sel. Fresh bieezes and rain. (A Schooner in sight. S S. E.) Lat. 'M-.Vi; L»ng. l«s-25. P. M. The boats returned with I .seal. Fresh breezes with rain and fog. 2 Schooners in sight. Jiilif24, ismi. Light breezes and thick weather. A Schooner in sight in North. Lat. N: ."iS-ftO; Long. W: KW-4. Clearing up. Sun's Alt: .'>:V .5fi. P. M. A Schooner in sight in West. The boats left ■^°the vessel. Light breezes and cloudy. (The boats returnetl with 1 hair seal.) July '2n, lH8ti. Light air with rain thick. I^at. N : :>:t-'M<; Long. W :lfi8-3l>. P. M. Strong breezes, rain and heavy Sea. A Steam Boat in sight alxiut West. J«///2«», INMU. Strong breezes w>tli rain and fog. Lat. N: r).5-2(»; L» 'g. W: l«!s-:v.t. Sun's Alt: •>3-47. 40 Clearing up. P. M. The boats left the vessel. The boats returned with 5 seals. Fi-esh breezes, fog and rain. Jttltj 27, ls8t). Fresh breezes and cloudv. Lat. 54-5J>; Long. Itts -js. Obs. Long. 108 -;10 (Turned round). Obs: Lat. at 11. 4o, .'i.'i-lo. P. M. Fresh breezes and thick weather. Turned round. July 2S. 18S(i. 5° Fresh breezes and cloudy. Spoke Schooner " Carolena " (401 seal). Lat. 55-22; Long. K'.s-l. P. M. The boats left the vessel. Light breezes and cloudy weather. The boats returned with 2 seal. In company with Schooner "Carolena." July '29, IH.SC). Calm and cloudy. At h o'clock the boats left the vessel. Lat. .55-14; Long, 1«8-17. Sun's Alt: n-2-M. P. M. At 7, the boats returned with .54 seals. ^ In company with Schooner "Carolena," she got 78 seals to-day. July 30, 18,sfi. Calm and cloudy. The boats left the vessel at 7 o'clock. Obs: Lat. N: 55-30; Long. W: I«s-17. Sun's Alt: 55-34. P. M. The boats returned with 31 seals. ! Ill MM |i 10 20 30 OS (Kxliihit No. 47). ./((/// ;U. ISH!. Light nir and rloiidy. Tiickud ship. Lat. :i:»-S'»; Long, lils >. Tiie boatHleft tlie veHsel. At ll.lft. (Mw: Lat. :>:. :H«. P. M. Light air, hay.y wt-alher, The UiatH returned with .'! seals. AiKjiist I, lss«;. The boats h'ftthn vessel. I^at; .'•'> :»>. Long: l«ls-20. In company with a schooner supposed (found) to Ih) the " Dolphin" (•' Caroh'im"). Calm and flear. The boats iftiirncd with M seals. At t; I'. M.. the Cut- ter "Corwin " placed an < ►tticer on board and took arms and ammunition, took ns in tow. Ordered the flag down. At 8 stopped and took the schooner " Carolona" in tow. Moderate brei'zes. cloudy weather. At t> took the Schooner " Onward" in tow. Obs: I^it: 'A-'.MK Long. If.T-Ks. P. M. Thick fog. At 4.4r> made land in sight, liauled to the N. E.-warth (n. eastward). At H.40 brought ns toanchor in II Fthnis. water, inside of P Saniganoudo (on Omialaskai (called Port Tlioluk), Put a Watchman on board from the Cutter— took cargo of all the boats— (brought all the boats in shore from the Schooner). (Likewise with Schooners "Carolena" and "Onward). AiujHsf :<, is'.Mi. To anchor in Port Tlioluk. C'lo.jdy weather and light air.- At (t .\. M. an Ofticer from the Cutter came on board and took the Ship's Papers. Lat: .">:{.. "i^ N. Long: l«Ut.32 W. P. M. One Watchman on board from the Cutter. Aiii/iisi 4, 1SM">. Fi-esh breezes and fog. An Otticer from the Cutter returned one boat -gave four of the crew liberty, at the time, to go ashore from H 40 A. M. to ♦• P. M. each day. P. M. Steamer " Dora " from San Francisco arrived in Port. Lat: r>:\-y2. Long: n;t;-:{i'. August .•>, ]ss(i. Fine weather. Still lying in Tlioluk Harbor. One Watchman on board from Cutter. P. M. Steamer " St. l^aul " airived in Port. Ainjiisl ti, l,s,s«!. Fine weather. Still located in Poit Tlioluk. AmjHst 7. issc. Cont'd. 50 Original of protest entered to the Senior Officer on board the U. S. Revenue Cutter "' Corwin." I, H. Guttormsen, Master of Br. Schooner " Thornton,'' do hereby declare that I do not know wherein I have violated the Jjiiws of the U. S. or other nations, in taking seals beyond the usual limit of three (B) marine leagues from shore within Behring Sea, and I therefore enter this my solemn protest against the action of the U. S. Authorities in seizing the vessel under my com- mand, together with the Sealskins composing the cargo. 60 H. UUTTOIiMSEN, Master of Br. Schr. "Thornton." Duplicate of this is in with and signed by Daniel Monroe, Master of Br. Schooner " Onward." Dr. to Schr. " Thornton." (Exhibit No. 47). Credit to the Civw of Schr. 'Thornton," August 1hS«i. (Sent an |>riN<»ners to San Fninrisro. t rtii, Neil MoriHon, Hunter ^i«t!l 00 (iL'or) Jack Doughis. Hoat(MilU*i'.. t;4 oo John Douggan, 4* li 41 oo 10, John DallasH, It t t '27 00 Win. Cleveland, II t • 4ri TiO Sam LawleSH, II II 14 ::. Tly Fung, Cook !»1 W Including George W, Cleveland. Hunter 14*1 •.>:> hiH hill froniSch. "Anna Beck.' 30 Aiujust s, |ss(j. Fine weather and light hreezes. — Ikying in Port Tlioluk. Nothing remarkable done. One Watchman on board from Cutter. Amjiist !t. iSHi. Fine weather. Crew from the Cutter came on board and dried the sails. Aiujust 10. issCi. An Officer from the Cutter came on board and took some provisions, as follows : On the Inventory List P. M. Awjust II, lsh«;. 30 An Otticer from the Cutter came on board and took the •2 Indians, Antony and Tuquat, and sent to Sitka in Schooner "San Diego," together with the crew of "San Diego" and the crew from Schr. " Onward." Taken oueof theSchr. "Thornton's" boats and brought on board in Schr. "San Diego." ( "San Diego" left for Sitka at 1» A. M.) P. M. One Watchman on itoard. Aiujiist 12, lss(i. U. S. Authority (Stripped Schr. "Carolena.") Order to get our grub on board the Culler Amimt i:{, issc. Stripped the Schr. "Thornton," and left without a Watchman on board. AiujuhI 14, issti. In Ounalaska, stripped and no Watchman onboard. H. Guttormsen and Harry Norman on board the "Cor- win." (Hans Guttormsen and Harry Norman.) August 15. On board the " Corvvin."... 40 50 16. 17. IS. !!♦. 20. 21. 22. 2ri! 24. " Corwin " left Ounalaska . . "Corwin"iuBillcotrskiand I Nicolopski I No permission Called at Unga j to go in shore. At Sea Called at Codiak At Sea '5o " 24. At 5 P. M. arrived at Sitka.. AiKjii.sl 25, 1HS«. Taken in shore and brought up before the Court, under complaint to have violated the Laws of U. S., in sealing fur seals within the linutsof Alaska Territory. P. M. Made agreement with Mr. W. Clark, Attorney and Counselor at Law and Notary Public in Sitka, Alaska •t ion 1'' M (Exhibit No. 47). Tr., to net nn Cuiiiiwilor in my cjim>, for the sum of (|5f>0.(Ni) DollnrD, and to-day given an Ordor on the Amer ican ('apt., J. D. Wnn-en, for |ft()0.(i^i. AuaiiHl •Jtl. I»)H).iHi hond on our Ah I could not give th«' hond, got them put under the U. S. Mai-biial's res|H)nsi) ility. (JanieH Ogilvie got lost.) AugUHt 2s, \ss\\. 30 Before U. S. District Court. Jury trial. Verdict1)rought hefore the Judge as fol Iowh: (luiltv. — H. (SiittorniHen, fine of ♦.Vmi no and given no days imprison- nuMit. Harry Norman, fine ifctoo.uo, and given :to days iniprisonment. Septemher 1, l^sso, H. Outtormsen & Harry Norman in jail. L>, " Sent letter to Capt. J. D. Warren. H. " In jail, 7.80 a. m. Breakfast; 4.:{0 i". M. Dinner. .^o 40 50 f>o (» 4, » t <1 5, •' 1 1 ♦!. II l< 1 , ii 1 1 »i 1 1 It', * t (4 11. ii II 12. 1«. ii it 1 1 14. »* l» l.''. ii II ■ ' 1 in, II t 1 17. «i Septembei IS issn, (1 1!>. lSS«i. f 1 20, il ii 21. 1 i II 22. II i( i'V, li it 24. ii II 2.5. ii II 2«, il II 27, II , II 11 !!' li II 1 , »i 11 H. li II !♦. il II 10, i * In jail. Left Sitka in the "Idaho." On the way to Victoria. Arrived in Victoria alive. m (Exhibit No. 48.) EXHIBIT No. 48 (0. B.), CLAIM No. 8. TRANSCRIPT OF REGISTER FOR TRANSMISSION TO CHIEF REGISTRAR OF SHIPPING. OfflcUl Number of 8hl|>. lO MU» Nam* of Shiii. '•Thornton.'' No. l)«t« anil I'nrt nf RvKWtry. 3/1871 Vioturlt. Nu., Hate anil Port of Prevlnu* Reglttry (If any). No. |(i2. 89th July, IS-tl. Victoria, V, I. Whether Britlah or Foreign built. 20 ron\gn. Whether a Millnn or Hteani Ship; anil ir a 8team Hhip, how propelletl. ! Shares held by each : ) Jahks Dovolas Wa»iii, of Viotoria, Trader. Sixty-fonr ((14) Shares. 60 Dated at Victoria, the 14th day of June, 1871. Registrar W. HAMLEY. (Exhibit No- 48.) Copy Transactions Subsequent to Registry for Transmission to Reois- trar-Genep. .\ L of Shipping and Seamen. Name of Per- Number of Date of Registry. Nature and Date of Name of Transferee, Number ufTrans 8 on from shares af- Transaction. Murtagee, or other act ions. whom Title is fected. Person acquiring 10 derived. Title or Power. 1 James Douglas A4 December lit. Mortgage dated 1st .(oseph BoBcowitz of Warren. 1888, a( 12 December, 188S, Hrighton, Suiaaz, noon. for the sum of >4,- Ono with interest (ai 1% per annum. England. Gentle- man. 2 .Inmes Douglas M II r 1' h Uth, liill of Sale dated Henrv John Hart- Warren, IH 1S8I, ((tJ P.M. 1:45 March 10th, 1884. nell of Victoria, B.C. Trader. 20 3 Henry Jolin 64 Fehrunrv .-ith, Hill of Sale dated James Douglas Hartnnll. I88(>, @ A. U. 11:15 February 4th, 1886, Warren, of Vic- toria, n. C. Mer- chant. 1 Jumes Douglas 64 December lit, Mortgage A, dated December 1st, 1888, Joseph Boscowitz of Warren. 1883, @ 12 Brighton, Sussex, (Tills transac- noon. for the sum of $4,- England. Gentle- tion fiillows tilt- 000 (Four thousand man. new Ui'ijislrv dollars) with in- 3° ofOi'c. l.-), IS8,5, terest @ 7?^ per upon the lulili' annum. tiiin of nuxil- i a r V 9 1 e a in ipower printed lielow.) 40 Tkanscript of Register for Transportation to Chief Registrar of Shipping. (The description of the vessel i.s the same as given in the Transcript of Hogistiy i>rintod above, excejtt tliat under the heading " Whether a Sailing or Steam Sliip, etc.,'' the description is "Steam Screw" instead of " Saihug," and the leiif^tli of engine room is given as 7 ft. 5 in. By consent of counsel this jtortioii <»f the transcript is omitted and onlj' the following portion printed.) SO .No. of En gines. I One. 6o Particulars of Engines (if any). I Dt'.scripli'iii. Iliifh Pips- cure Con- densing. W h e t h e r British or For eign made. When made. British. :880 Name ami ad- Diain. of dress uf makers. Thomas Gnwan, Victoria, B. C. Cylinders. Length of stroke. No. <.f Iloraei' powr (com- bined). «iin. 12 in. i.ai 1U3 Exhibits No. 49 G. B. and No. 6 U. 8.) Particulars of Tonnage. Iff; OroM tonnage. Under Tonnage Deck Closed-in apaces above the tonnage deck if any Space or apacea betweon decks lO^ooP •• Forecaatle Ronnd Houae Other clnsed-in spaces, if any, as follows Cabin cover Orosa tonnage Deductions as per Contra Registered tonnage No. of Tone. 29.67 8.22 32.78 10. 4H 22.30 Deductions allowed. On account of space required (or propel- ling power On account of space occupied by Seaman or Apprentices, and appropriated to their use, and kept free from goods or stores of every kind, not being the per sonal projMirty of the crew These spaces are the following, viz. : Total deductions No. of Tons. 10.49 10.49 Names, Residence, and Description of the Owners, and Number Registered anew in consequence of alteration 20 of .Sixty-fourth Shares held by each : , in the vessel from sailing to Steamer, under Jahes Douglas Warren, the 84 and 85 M. S. A. 18S4. of Victoria, B. C, Merchant Sixty-four Shares. Dated 15 December, 1885. Registrar W. HAMLEY. 30 EXHIBIT No- 49 (0. B.). CLAIM No. 2. Certificate of Survey. Schooner "Thornton," dated October 22, 1885, signed W. Walker, Surveyor. By order of the Commissioners, on consent of counsel, this exhibit is not printed. 40 United States Exhibit. EXHIBIT No. 6 (U. S.), CLAIM No. 2. Copy of Axreenieut dated February , ]SS(5, between John Griffiths and Joseph Boscowitz, previously marked No. li> for Identification and printed at pagj liiST cf the Record. By order of the Commi.ssiouers, on consent of counsel, this exhibit is not printed again. 104 (Exhibit No. 50). Claim No. 8 " Onward "— (Continued). EXHIBIT No. 60 (Q. B.), CLAIM No. a 'IRANSCRIPT OF REGISTER FOR TRANSMISSION TO CHIEF REGISTRAR OP SHIPPING. 10 Official Number of Shi|i. 72681. Nmuu of Shi|). " Onward." No., Date and Port of Restttrr. No. 7. 1878. Victoria, B. 0. Wliathcr Britiah or Foreign built. Whether a Sailing or Steam Ship; and if a Steam Ship, how pro- pellrd. Whero Built. When Built. Name and Addra Buildera. I of Foreign. 20 Sailing. California City, California, United Statea. 1871. Unlioowo. I Number of Dcclia One. Number of Mabts Two. Rigged Schooner. Stern Elleptic. Build Carvil. Galleries None. Bead Billet. Framework Wood. Length from fore part of atem, under the bowaprit, to the aft aide of the head of the atern post .... Main breadth to outside of plank Depth in hold from tonnage deck to ceiling at inidahipa Depth in hold from upper deck to ceiling at mid ahipa, in the case of three decka and upwarda. . Length of engine room, if any Feet. Tantha. 66 20 30 Particulars of Tonnage. 40 G rosa Tonnage. Under Tonnage Deck Clo8c Sharca held by I'ach : ) ill nil Mackav, of Victoria, British Columbia, Mariner, Sixty-four (64) Shares. Dated, Victoria, B. C, September 27th, 1878. te Registrar W. HAMLEY. I Of) (Exhibits Nos. 50 and 51.) Copv Tkansactions Subsequent to Registry, for Transmission to Regis- trar-Oeneral of Shipping and Seamen. Offlciiil 1 Number } 72681 of Ship. ) Port of Victoria. B. C. Name of Ship " Onwaril," No. and Date of Reginry. No. 7 of 1878. 10 Number raon from whom Title is derived. Number of Shares affected. Date of Registry. Nature an Januai'v4ili. 1887. :t:i5 p. M. Bill of hale dated the : vii Shares held l>y-each Andrew Lainu, Of Vietnria, B. ("., Trader. Sixty-fdur («4) Siinres. 60 Dated March 30th, 1.S82. Registrar W. HAMLEY. 107 ( Exhibit No. 52.) Copy Transactions Subsequent to Registry for Transmission to Reois- trar-Oenbral or Shippino and Seamen. 1 ■ i ■■ ■. 'J ■ ' '^ i 1 ' ■'?•■ i '{i i Number of Tranaaotinna, 10 Name of Person from wliom title is derived. Number of shares affected. Date of Registry. Nature and dale of transaction. Name of Tranferee, Mortgagee, or other |)erBon ac- quiring title or power. I Andrew Lainit;. 82 December 1 St, 1883, 12 noon. Bill of Sale dated 1 St Dec, 188S. Jas. Douglns War- ren of V ctoria, B. C. Master Mar- iner. 2 20 Jas. Douglas Warren. 82 December lat, 1883, 12 noon. Mortgage dateer annum. Joseph Boscowitzof Brighton, .Sussex, England, Gentle- man. S Jas. Douglas Warren. 82 March 11th, 1884. at 1.46 r. H. Bill of Sale dated 10th March,1884. Henry John Hart- nell of Victoria, B. C. Trader. 4 Andrew Laing. 30 82 October ISth, 1884, at 12.12 p. H. Mortgage dated j Joseph Boscowitz 13th Oct., 1884, ! of II Lansdowne for the sum of ', Place, Hove, Sus- 91,400 and iuter- eat at 10% per annum. sex, England. Henry John Hartnell. 32 6th Feb., 1886, at 11.16 A. H. Bill of Sale dated 4tli February, 1886. James Douglas Warren of Vic- toria, U. C. Mer- chant, 40 Joseph Boscowitz. Oct. 16th, 1886, 12.12 P. H. Bill of Sale dated 16th October, 1886, under mort- gage A. Thos, Henry Cooper of San Francisco. U. S. A. Engi- neer. 50 6o 7 Thomas Henry Cooper. 32 Oct 16th, 1886, 12.12 P. u. Mortgage dated 10th October, 1886, for $2,600 (two thousand five hunili-ed dol- lars) with in- terest at T% per annum. Josep ' Boscowitzof Br ghton, Sussex, England. Gentle- man. 8 Andrew Laing. 82 February 6th, 188», at 8 p. M. Bill of Sale dated February Mh, 1(189. Jean Ann Scott and Isabel Scott, joint owners, both of Cedar Hill, Vic- toria, B. C. Spin- sters. 9 Joseph Bosco- witz. 32 February 7th, 1889, 2.60 p. M. Diacharee of Mort- gage B for $1,400 and interest, re- ceipt dated Feb- ruary 7tii, 18811. Jean Ann Scotland Isabel Scott, joint owners, both of Cedar Hill, Vic- toria, U. C. Spin- sters. 10 Thomas Henry Cooper by J. P. Warren, bis at- torney ill fact. 82 February 7th, 1889, at 3.06 r. u. Bill of Sale dated February 7tli, 1889. George Byrnes of Victoria, B. C. Auctioneer. I • 108 (Exhibit No. 52). Number of TrHnsactiuni. ) ? if ''I 1 '" il' it Name of I'ernoii N u ni b er from whom title ofahnre* ia derived. I affected. Nature and date of Iraansctlona. Name of Transferee, Mortgagee, or other person ac quiring title or |iower. to 20 30 40 50 60 11 1 Josepli Bosco- wltz. 1 1 H'i February, 1889, at 10.30 *. H. Discharge of mort- gage C fop ♦2,600 and interest, re- ceipt dated Feb- ruary 8th, 1889. George Byrnes of Victoria, B. ('. Auclioi.eer, 12 • .lean Ann Scott ami Isabel Scott, joint owners. ■M February 8th. 188!i, at )0.?,t A. M. Mortgage dated February 8th. 1889. ('or |I800 (eight hundred dollars), with int. at 5% per annum. Carl A, Limdberg and Noel J. Biear, joint owners, both of Vancouver, B, C. Merchants. 18 George Byrnes. n February 18th, 1889, at 10.40 A. M. Mortgage dated February 7th, 1889. for 12,908 (Two thousand nine hundred and five dollars). Carl A. Luodberg and Noel J Biear, joint owners, both of Vancouver, B. C. Merchants. 14 Carl A. Lund- berg and Noel J, Biear, joint owners. 82 April 20th, 1889, at 4 p. H. Discharge of Mort- gage E for $2,905. Receipt dated April 20, 1889. George Byrnes of Victoria, B. C. Auctioneer. 15 George Byrnes. 32 April 20th, 1889, Bill of Sale dated at 4 p. H. April 20th, 1889. Carl A. Luodberg of Vancouver, B. C. Merchant. •8 Carl A. Lund- berg and Noel J. Biear, joint owners. 32 September 26th, 1889, at 1 p. M. Transfer of Mort- gage D dated September 21st, 1889. Morris Moss of Vic- toria, B. C. Mer- chant. 17 Morris Moss. 82 September 26lh, 1889, all P. H. Discharge of Mort- gage 1) for 1800 4 interest. Re- ceipt dated Sep- tember 28rd, 1889. tiean Ann Scott and Isabel Scott, joint owners. 18 1 Jean Ann Scott and Isabel Scott, joint owners. 1 S2 19th December, 1889, at 3 p. M. Bill of Sale dated 18th Dec, 1889. Andrew Ling of Victoria. B. C. Trader. 19 Andrew Laing. 32 .lanuary lOth, 1890, at 2.20 r. a. Mortgage dated .lanuary 7th, 1891, for * 1 , 2 (Twelve hundred dollars), with in- terest at 8»j; per annuui- Human Bornstein of VictoriB, B. C. Gentleman. SO Carl A. Lundberg. 32 January 7th. 1891, nl ;t p. M. Carl A. Lnndberg adjudged bankrupt an. M. Bill of SHie dnted 24th February, Andrew Dies Lning, of Victoria, U. C. ;o 189.1. Gentleman. 28 Andrew Laing. Dies 32 June 28th, 1 p. u. U9S, MortgMge O , (luted 24tli February. 1^93, for two thousand five hundred dollars (4i2,All0) nnd in- terest at 10% per annum. Donald Urquhart of Victoria, B. C. Mauler Mariner. mmmm nil 110 (Exhibit No. 52.) 10 30 30 40 50 N '.miliar of Name of I'eraon N u m bc-r Date of Regiitry. Name and date of Name ofTransferee, TrnngHctloni. from whom title of shares transaction. Mortgage!!, or ts derived. affected. other person ac. quiring title or power. 2» Donald Urqu- S2 October 9th, 1894, Donald Urquhart Alexander Urqu- hart. 10 A. u. dies on the 14th day of Hay, 1894. Will dated Mth hart of Comox, B. C. Farmer. AuffUit, 1898, andcodicil dated 18th May. 1894, appointing Alex- ander Urquhart, executor. Pro- bale granted by the Supremo Court of Briliih Columbia on the 9th day of June, 1894. SO Donald Urqu- 82 NoT'.iber 9lb, Donald Urquhart Alexander Urqu- hart. 1894, 1 r. M. dies on the 14tli day of May, 1894. Will dated 14th hart, of Comox, B. C. Farmer. August. 1898, and codicil dated 18th Mar, 1894, appointed Alex- ander Urquhart, Executor. Pro- bata granted by Supreme Court of B. C, on the 9th of June, 1894. Transmission of Mortgage 0. 31 Alexander Ur- sa NoTember 4th, Discharge of Mort- Andrew Dlaa Laing qahart. 189A, 4 r. M. gage 0. Receipt dated 4th Novem- or Victoria, B. C. Oentleman. ber, 1895. 82 Andrew Dies SS November 4th, Bill of Sale dated Samuel William Laing. 1895, at 4 p. M. 4th November, 1895. Buckman, of Vic- toria, B. C. Pilot ts Alexander TJr- 82 November 4th, Bill of Sale dated Samuel William quhart. 1896, at 4 P.M. November 4th, 18W6. Buckman, of Vic- toria, B. C. Pilot. S4 Samuel William 64 November 12th, Bill of Sale dated Joseph Boscowitz, of Vict<.ria, B. C. Buckman. 1895, at 10.65 November llth. A. M. 1896. Merchant. Ill ■( i 'jT'i (Exhibit No. .W.) Claim No. 7, '*Anna Beok/ I. Is ■* : 10 EXHIBIT No. 68 (G. B.). CLAIM No. 7. TRANSCRIPT OP REGISTER FOR TRANSMISSION TO CHIEF REGISTRAR OF SHIPPING. OfficUl Number of Ship. «4ISB. Name of Sliip. " Ann* Back.*' No., Date and Port of Regiitry. B/1871 Victoria. Wliethur Briliili or Foreign built. 20 Wliether a Sailing or steam sliip ; and if a ateam abip, how pro|ielled. Foreign. Sailing. Where Built. Wlien Built. Name and Address of Builders. San Francisco. 1865. Unknown. Number of Decks One. Number of Maat* Two. Rigged Schooner. Stern Eliptie. Build Carvel. Galleries None. -^He*'' E"*'*- J" Framework Wood. Length from fore part of stem, under the bowsprit, to the aft side of the head of the stern post Main breadth to outside of plank Depth in hold from tonnage deck to ceiling at midships Depth in hold from upper deck to ceil- ing at amidships, In the case of three decks and upwards Length of engine room, if any Feet. Tenths, 6B 9> Particulars of Tonnage. Groea Tonnage. Under Tonnage Deck Closed-in spaces above the Ton- 40 nageDeck, if any... Space or spaces between decks. Poop. ForecasUe Round House Other closed-in spaces, if any, as follows : Gross Tonnage Deductions, as per Contra. . . . Registered Tonnage No. of Tons. 3« 81/100 S 7/100 40 88/100 Deductions Allowed. On account of space required for propelling power On account of spaces occupied by S viz.. Shares held by each. ) Jahu Douglas Warrsh, of Victoria, Trader and Mariner. 60 (64) Sixty-four sliares. Dated at Victoria, 23rd day of August, 1871. Registrar W. HAMLEY. -..,:.,. ;. tja;. .:4. . 1 »9 (Kxhihit No. M.) EXHIBIT No. 63 (Q B ). CLAIM No. 7 (continued) ill TKANSUHIPT OF UEOiSTEK FOR THANSMISSION TO CHIEF KEGISTJiAK OF SHIPPING. Offiolal) NmnbcrVtHlSS 'O of Ship. ) Name of Ship " Anna lieck " No., Date and I'orl of Ue({istry. l in 1881 Vieloila, U. C. Whether Urit'iHh or Fo-'.isn Built. Whether n lallinK or Where built, steam nliip: and if a 8team ship liciw pro- pellc«l. When Unlit Name ami addresa of Hulldvra. Foreign nt San Fran- Stc-ainshi|i Han Francisco. Cisco r. S. A. »y Screw. T. S. A. I8AA Unknown. 20 Number of Decks One Number of Masts Twm Klggad Schooner Stern Klllpllc Build Carvel Oallerlea None Head Eagle Framework Wood Longtii from fore part of stem, under the bowaprit, to tlie aft side of the head of the stern post Main breadth to outside of plank Depth in hold from tonnage deck to celling at mldaldps Depth In hulil from upper deck to ceiling at mid- aliips, In the case of three decks and upwards. . Length of engine room, if any Feet. Tenths. 22 30 40- Particulaks of Engines (if any). No. of Engine. Description. Whether British or Foreign made. When made. Name and ad- ! Dlam. of dress of makers. \ cylinders. Length of Stroke. No. of horses powr (com- lined). One Upright condensing engine. 1 British, j 1881 1 i Thoniaa Uowan, Victoria. B. C. 6t inch 12 inch Nine Particulars of Tonnaoic. (iross Tonnage. Under Tonnage Deck Closed-in spaces above the Tonnage Deck, if any .. Space or spaces between decks Poop ... Forectstle 50 Round House Other closed in spaces, if any, as follows: Gross Tonnage Deductions, as per Contra. Kegistered Tonnage No. of Terns. 38.1(1 3.07 41.17 4.H2 80.33 Deductions Allowed On account of space re<)uired for pro- pelling power On account of spaces occupied by Sea- men or Apprentices, and appropri- ated to tlielr use and kejit. free from goods or stores of every kind, not being the personal property of the crew These spaces are the following, viz.. Total Deductions Ho. of Tons. 4.82 4.82 60 Names, Uexidencc, and description of tlie owners and Number of Sixlj -fourth Sliar' s held by each, vi/.,. iIamks l>i>i'oLtN Wakrkn of Vicliiriii, 1!. C Trader and Mariner Sixtv fiiui- iCt) sliare.-". Uegi^itcrcd Anew in consequence of altera- tion under the 84 and 8i Sections of the M. S. A. 18B4. Dated 14tli February, 1881. Registrar W. HAMLEY 118 (Exhibit No. 68.) COPY TRANSACTIONS SUBSEQUENT TO REGISTRY, FOR TRANS- MISSION TO REGISTRAR-GENERAL OF SHIPPING AND SEAMEN. 10 20 30 40 50 Nnmbw oi Nama of Pa rftn Nnmber DaU of Reglatry. Mai art anddatvof Nam*, Reaidene* TranaMlloM. from whom Title of Sharaa Ueglatry. and oceopatlon of la darlred. afftcted. Transferee, Mort- paraon acquiring title or power. 1 J. D. Warren. 64 Aiii;ust 28rd, Mortgage for $4,- Leopold Boacowitz I87l,>.l0r. M. 000 and interest, dated August 28rd, 1871. of San Francisco, Furlrader. S Jamta Douglaa «4 March 5th, 1884, Bill of Sale dated Henry John Hart Warren. at n. 40 a.m. March 5th, 1884. nell of the City of Victoria, B.C., Fur Trader. 8 Leopold Bosco- 64 November 6th, DlichargeofMort- wit I. 1884, a p. M. Kiee A for •4,- u g 1 a ■ Warren, of Vic toria, B. C. Mer- chant. B .loaeph Bueco- wltz. 64 October 15th, 1886— 12.10p.m. Bill of Sale, dated 15th October, 1886, under Mortgage A. Thomas H u n r y Cooper, of San Prancltco., Cal., U.S.A., Kn|rineer. 6 40 Thoniaa Ilvnry Cooper. 81 October 16th, 1886-lS.lO P.M. Mortgage dated 15th October, 1886, for 18.000.00 (9 i X thousand Diillara), with intercut at ^% per annum. Joseph Boecnwttz, of Brighton, Eng- land, (lentleman. * .T 116 t»'^ (Exhibit No. 55.) Claim No. 10, "Oraoe/' EXHIBIT No. 56 (O B.), CLAIM No 10. Transcript of Register for Transmission to Chief Kkoistrak of Shipping. ID Official Number of Ship. 63.442. Name of Ship. " Grace." No., Date and Port of Rei^iitry. No. 6 of 1881. Victoria, B C. Whether British or Foreign built. Whether a Sailing or Steam Ship ; and if a Steam, how propelled. Where Built. When Built. Name and Addreie of Builderi. British. Steam Screw Propeller. 20- Victoria, British Col. 1881. George G. Wallter, Victoria. B. C. Number of Decks One. Number of Maata Two. Riggvd Schooner. Stern Square Build Carvel. Galleries None. Head Straight Stem. Framework Pine. Length from forepart of stem, under the bowsprit, to the aft tide of the head of the stem post. . . Main breadth to ••utside of plank Depth in hold from tonnage deck to ceiling at niidshipa Depth in hold from upper deck to ceiling at mid ships, in case of three decks and upwards. . . . Feet. Tenths. 7 Shares lu'ld by each, viz.: ) Jamks Doi'QLAs Warrin, of Victoria, Prov. 60 ince of Br'Msh Columbia, Mariner, Sixty-four <«4) Shares. Dated 30th December, 1881. Hegistrar W. HAMLEY. «;ite; m 11: , (Exhibit No. 55.) Copy Transactions Subsequent to Registry, for Transmission to Regis- trar-General OF Shipping and Seamen. Numbor M iriDMcticns. IC Name of Person from whom Title is derived. Number of Shares Affected. Date of Registry. Nature and Date of Transaction. Name, Residence and occupation of Transferee, Mort- gagee or other Person acquiring Title or Power. 1 James Douglas Warren. 64 May I6th, 1883,at 18 noon. Mortgage A, dated letlr, 1883, lor the sum of t8,000 and interest, at the rate of 6% per annum. Joseph Boscowits, of Brighton, Eng- land Oentloman. :o 2 Jamea Douglas Warren. 64 December Ist, 1883, Vi noon. Mortgage B, dated Decetnoer Ist, 1883, for the sum of $4,000, with interest at 7% per annum. Joseph Boscowitz, of Brighton, Sus- sex, England. Gentleman. 3 James Douglas Warren. 64 March 11th, 1884, Bill of Sale dated at l.4e r. H. March 10, 1884. i Henry John Hart- nell, of Victoria, B. C. Trader. -.0 , Henry John Hartnell. 64 1 February Ath, Bill of sale dated 1 885, at 1 1 . 1 6 A. ■. 4th February, 188,'i. James Douglas War- ren, of Victoria. B. C. Fur Dealer. It Joseph Boscowitz. 64 October 16th, 1886, 12.8 p. H. Bill of Sale dated October. 1886, under Mortgage. Thomas Henry Coo- per, San Francisco, Cal., U. S. A. En- gineer. 'i 4C Thomas Henry Cooper. 64 October 16th, 1886, 12.8 P. M. Mortgage dated October tsth, 1886, for t6,000 (Six) thousand dollars, with in- terest at 7^ per annum. Joseph Boscowitz, of Brighton, Eng- land. Uentleman. 118 (Exhibits Nos. 5«, 57, 58, 51>, 60, «$1.) Claim No. 6, " W. P. Say ward." EXHIBIT No. 66 (0. B.), CLAIM No. 6. Insurance Policy from February 15, 1887, for £1,000 on hull and materials, Schooner "W. P. Say ward," for 12 months, by Pitman & Edwards. ,Q This policy is similar in general form to Exhibit No. 38 (G. B.) printed above. andT)y order of the Commissioners, on consent of counsel, is not printed. EXHIBIT No. 57, (0. B.) CLAIM No. 6. Insurance Policy from February 15, 1887, for £2,000 on treasure, cargo, etc.. Schooner " W. P. Saywai'd," for 12 months, by Pitman & Edwards. This pohcy is similar in general form to Exhibit No. 38 (G. B.) printed above, and by order of the Commissioners, on consent of counsel, is not printed. Claim No. 7, '* Anna Book." EXHIBIT No. 68 (Q. B.), CLAIM No. 7. Insurance Policy from January 21, 1887, for £1,400 on hull, machinery, etc.. Schooner "Anna Beck," for 12 3° months, by Pitman & Edwards. This policy is similar in general form to Exhibit No. 38 (G. B.) printed above, and by order of the Commissioners, on consent of counsel, is not printed. EXHIBIT No. 69 (0. B.), CLAIM No. 7. Insurance Policy from January 21, 1887, for £2,000, on treasure, cargo, etc., Schooner "Anna Beck," for 12 40 months, by Pitman & Edwards. This policy is similar in general form to Exhibit No. 38 (G. B.) printed above, and by order of the Commis- sioners, on consent of counsel, is not printed. Claim No. 9, " Dolphin." Exhibit No. 60 (0. B.), Claim No. 9. 50 Insurance Policy from December U,1886. for £2,000, on hull, machinery, etc.. Schooner "Dolphin," for 12 months, by Pitman & Edwards. This policy is similar in general form to Exhibit No. 38 (G. B. ) printed above, and by order of the Commissioners, on consent of counsel, is not printed. Exhibit No. 61 (0. B.), Claim No. 9. 60 Insurance Policy from March 2, 1888, for £2,000, on treasure, cargo, etc., Schooner " Dolphin," for 12 months, by Pitman & Edwards. This policy is similar in general form to Exhibit No. 38 (G. B. ) printed above, and by order of the Commissionei's, on consent of counsel, is not printed. 119 (Exhibits Nos. 62, 63, U.) Claim No. 10, *' Grace." EXHIBIT No. 62 (0. B.). CLAIM No. 10. Insurance Policy from January 18, 1887, for £2,000, on hull, machinery, etc.. Schooner "Grace," for 12 months, by Pitman & Edwards. This policy is similar in general form to Exhibit No. 38 io(G. B.) printed above, and 'by order of the Commissioners, on consent of counsel, is not printed. EXHIBIT No. 68 (G. B.), CLAIM No. 10. Insurance Policy from January 18, 1S87, for £2,000 on treasure, cargo, etc.. Schooner "Grace," for 12 months, by Pitman & Edwards. This policy is similar in general form to Exhibit No. 38 (G. B.) printed above, and by order of the Commissioners, 20 on consent of counsel, is not printed. 30 Claims Nos. 6, 7, 9 and 10 (continued). EXHIBIT No. 64 (O. B.) CLAIMS Nos. 6, 7, 9 and 10. Statement of premiums paid per " Sayward," "Anna Beck," " Dolphin " and " Grace." "W. P. Sayward." I8S7. J«ny.3. TojEl.OOO Hull ® 8p. % " 2,000 Treasure @ 6p- ?i £ 84 £ 84 6 8 "106 "105 IS 4 Brokerage Allow 7i,"i^ disct. on . £189 £190 9 9 179 11 l:l 9 5 40 By Return of Premium for cancolment from IS An- gU8t, 1887 (vessel seized 9 July) 1887. Dec, 29. £1,000 Hull @ 3 H/ % 2,000 Treasure @ 2 10/ - Deduct 7i% diact. allowed . 178 10 7 £34 •■60 £84 6 6 77 14 £ 98 Ifl 7 We certify that the above amount, viz., £98.16.7, has been paid in account current. Lloyds 1 December 18!>6. PITMAN & EDWARDS. SO 1887. Jany. 3. " Anna Beck." To£l,400Hull @ Sp. £117 12 £118 1 4 2,000 Treasure @ 5p. "JOB "105 18 4 Brokerage . 222 12 £223 14 8 112 8 207 17 6 Allow 7i% disct. for casli on 211 9 4 16 17 3 By Return of Premium for cancelnient from 6n 21 July, 1887 (vessel seized 2 July). 1887. Dec. 29. £(,400 Hull.. @8 »/-% £47 18 2,000 Treasure @, 2 lo/-»j Deduct 1^% dlict. allowed 97 12 7 6 fl 90 S 6 £117 11 11 We certify that the above amount, viz., £117.11.11, has been paid in account current. Lloyds, 1 December, 1896. PITMAN & EDWARDS. ir^ 10 20 30 40 120 (Exhibit No. 64, 65.) " Dolphin." 1887. J«ny 3. To£S,OOOHull ® 8p. £\»S f 168 13 4 4,000 Treaiure ® 5p. % 105 105 1,\ 4 £273 £274 « 8 Brokerage 13 13 Allow 7i^^ disct. fur cash 259 7 19 9 1 254 17 7 By Return of Premium for cancelment from 2 August, 1887 (vessel seired 12 July). 1887. Pec. 29. £2,000 Hull @ 2 18 B«f, £.^8 13 4 2,000 Treasure @ 2 IH 4 " 56 6 8 i'115 Deduct 7i% discf. allowed 8 12 6 106 7 6 £148 10 1 We certify that the above amount, viz., £14S.lo.l, has been paid in account current. Lloyds 1 December 1896. PITMAN & EDWARDS. "Grace." 1887. Jany. 3. To £2,000 Hull (» 8p. £168 £168 13 4 2,000 Treasure @ 5p. "105 o "105 13 4 £273 £274 6 8 Brokerage 13 13 Allow 7^,%' disct. for cash 259 7 19 9 1 254 17 7 By Return of Premium for cancelment from 18 August, 1887 (vessel seized 17 July). 1887. Dec. 29. £J,00OHull @2 1 8% £4113 4 2,000 Treasure ^^2 5 4°j;' "45 6 S 87 Deduct 7J% disct. allowed 6 10 6 80 9 « £174 8 I We certify that the above amount, viz., £174.8.1, has been paid in account current. Lloyds, 1 December, 1896. PITMAN & EDWARDS. 50 60 Claim No. 6 (continued). Exhibit No. 66 (0. B.), Claim No. 6. Copy of Record and proceedings in United States Dis- trict Court in Alaska in case of United States vs. " W. P. Say ward." This exhibit is printed in full. In the District Court of the United States for the Dis trict of Alaska, in Admiralty. Pleas and proceedings begun and had in the District Court of the United States for the District of Alaska. The United Slates ) vs. [■ No. 84. The Schooner "W. P. Sayward." ) Be it remembered that at a Stated Term, to wit, the May Term, 1887, of the District Court of the United States, 121 m 10 (Exhibit No. 65.) for the District of Alaska, began and held at Sitka, in said District, on Monday, the day of May, 1887, and adjourned from time to time until September 13, 1887, when M. D. Ball, Esq., U. S. Attorney for the Dis- trict of Alaska, presented and filed the libel of information in said cause, which is in words and figures following, to wit: In the United States District Court in and for the Dis- trict of Alaska, United States of America. To the Honorable Lafayette Dawson, Judge of said Dis- trict Court: The libel of information of M D. Ball, attorney for the United States for the District of Alaska, who presecutes on behalf of the said United States, alleges and informs as follows, to wit: 20 That L. D. Shepard an officer in the Revenue Marine Service of the United States duly commissioned by the President of the United States, incomniandof the United States Revenue Cutter "Rush "and on special duty in the water of the District of Alaska, heretofore, to wit, on the ninth day of July, A. D. 1887, within the limits of Alaska Territory and in the waters thereof and within the civil and judicial district of Alaska, to wit, within the waters of that portion of Behring's Sea belonging to the United States and said District on waters navigable from 30 the sea by vessels of ten or more tons burden seized the schooner " W. P. Say ward " of Victc>ria, B, C, her tackle, apparel, boats, cargo and furniture being the property of some person or persons unknown to the said attorney. The property is more particularly described as follows, to wit: Schooner " W. P. Say ward " of Victoria, B. C, of 50 25>/10(> tons burden as per register, standing and run- ning rigging, sails, chronometer and nautical instruments, dock, lamp, carpenter's tools, books, two anchors, casks, 40 cooking and table utensils, provisions and 477 fur seal skins and all other property found upon or appurtenant to said schooner. That L. G. Sheppard was then and there duly com- missioned and authorized by the proper department of the United States to make said seizure. That all said prop- erty was then and there seized as forfeited to the United States for the following causes. That the said vessel and her captain, officers and crew, were there and then found engaged in killing fur seals 50 within the limit of Alaska Territory and in the said waters thereof in violation of Section lOSfiof the Revised Statutes of the United States. That all the said property after being seized as aforesaid was brought into the Port of Sitka in said district, and turned over to the United States Marshal of this district with the exception of the said 477 fur seal skins which latter were brought into the Port of Ouualaska in said Territory and delivered into the keeping of Isaac Anderson, a Deputy United States Marshal of this District, and all of the said pro|)erty is now within the "° Judicial District of Alaska, United States of America. The said M. B. Ball. Attorney as aforesaid, further in- forms and alleges. That on the 9th day of July, A. D. 1887, George R, Ferry and certain other persons whose names are to the said United States Attorney unknown who were then and there engaged on board the said mp 122 U- /. ' '? (Exhibit No. 65.) Bchooner "W. P. Sayward"as seamen and seal hunters did under the direction and by the authority of George R. Ferry, then and there master of said schooner, engage in kilUng and did kill in the Terrtory and District of Alaska and in the waters thereof, thf.ty fur seals in violation of section 195r) of the Revised Statutes of the United States in such cases made and provided, lo That the said 477 fur seal skins and other goods so seized on board the Schooner " W. P. Say ward" constituted the cargo of said Schooner at the time of the kilHng of said fur seals and at the time of said seizure. And said Attorney sayeth that all and singular the premises were and are true and within the admiralty and maritime jurisdiction of the United States and of this Honorable Court, and that by reason thereof and by force of the statutes in such cases made and provided the afore- mentioned schooner being a vessel of 59.79 tons burden 20 and her said apparel, tackle, boats, cargo and furniture became and are forfeited to the use of the United States. Wherefore the said Attorney prays that the usual pro- cess and monition of this honorable court issue in this be- half against said schooner and all said hereinbefore de- scribed property to inforce the forfeiture thereof and re- quiring notice to be given to all persons to appear and show cause on the return day of said process why such forfeiture should not be decreed and that after duv- pro- ceedings are had, all said property be adjudged, decreed 30 and condenmed as forfeited to the use of the United States and for such other relief as may be proper in the premises. Dated Sept. 13, A. D. 1887. M. D. BALL. U. S. Diet. Atty. for the Dist. of Alaska. By A. R. Delany, Special Asst. Atty. for U. S. 40 In the United St^ites District Court, Distri^jt of Alaska. Special July Term, Sept. 15, A. D. 1887. United States 1 r. > No. 84. Demurrer. Sch. "W. P. Say ward.") At this time comes W. Clark Proctor for claimants and moves the Court for leave to file a demurrer to the libel of information filed herein. It is considered and ordered by this Court that leave be granted. 50 In the United States District Court, District of Alaska. Special July Term, Sept. 15th, 1887. United States vs. Schooner " W. P. Say ward." No. 84. Demurrer. At this time comes W. Clark, Esq., Proctor for claim- ant of the property pi'oceeded against in the above cause and demurs to the libel of information filed herein, the said Claimant by protestation not confessing all or any of gQ the said matters in the said information contained to be true, demuis thereto and says that the said matters in manner and form as the same are in said information stated and set forth are not sufficient in law for the United States to maintain their said action for the forfeiture of the property aforesaid and that the said claimant is not bound by law to answer the same. Wherefore the said IfiS (Exhibit No. 65.) claim.'tnt prays that the said information be dismissed with costs. W. Clark, Proctor for Claimant. In the United States District Court, District of Alaska. Special July Term, Sept. 15, 1887. 10 United States ) vs. > No. 84. Demurrer. Sch. "W. P. Say ward.") Now at this time comes the parties above named by their respective attorneys, Mr. A. K. Delaney for plaintiff and Mr. W. Clark for defendant, and this cause coming on to be heard upon the Demurrer to the libel herein and the Court being fully advised in the premises it is consid- ered and ordered that the demurrer be and the same is hereby overruled. 4 No. 84. Answer. In the United States District Court, District of Alaska. Special July Term, Sept. 15, J 887. United States vs. Sch. "W. P. Say ward. And now comes George R. Ferry by W. Clark, Esq., the master of the aforesaid schooner and moves the Court for leave to file and answer to the libel of information ^Q herein. It is so ordered. In the United States District Court, District of Alaska. Special July Term, Sept. 15, 1887. United States | vs Sch. "W. P. Say ward."! The Answer of George R. Ferry, Master. And now comes George R. Ferry, Master as aforesaid, 40 and for answer to the libel of information filed herein, says: 1st. He admits that L. G. Shepard was an officer of the United States Revenue Marine service duly commissioned and that he was, at the time the property proceeded against herein was seized, in command of the United States Reve- nue Cutter "Rush" and on official duty at the time the said seizure was made and was then and there duly com- missioned and authoiizjd by the proper department of the 50 United States to make said seizure, but denies that said seizure was made within the waters of Alaska Territory or within the Civil and Judicial District of Alaska or in any portion of Beh ring's Sea belonging to United States or upon any other waters belonging to libellant navigable from the sea by vessels of ten tons or over. 2nd. Denies that said vessel, her captain, officers and crew were then and there found engaged in killing fur seals (5q within the limits of Alaskan territory, or in the waters thereof, or that they were then and there violating any law of the United States. 3rd. Denies that on the ninth day of July, A. D. 1887, any other person or persons did then and there un- fp (Exhibit No. ♦J6.) der the directions and authority of the said Qeorge R. Ferry or any other pei-son or at all kill any fur seal within the District of Alaska or in the waters thereof. 4th. Denies that the property proceeded against in this cause, or any portion thereof, ever became forfeited to the jQ Uniteri States, wherefore the said claimant prays that the libel of information filed herein may be dismissed and for any other just and equitable relief as this Court may seem just and proper, GEORGE R. FERRY. Sworn and subscribed this fifteenth day of September A. D. 1S87. Before me, H. E. HAYDON, Clerk U. S. Dist. Court. I SEAL.] By A. A. MEYER, Dep. Clerk. 20 W. Clark, Proctor for Claimant. Here follow waiver by Defendant of Posting and Pub- lishing Libel, etc., and Declaration of readiness of trial. RETURN. Sitka, Dist. of Alaska. Sect. Be it remembered that in obedience to the annexed 30 monition, I have attached the within described property and now hold the same in my possession subject to the order of this Hon. Court. And the owners and claimant of said property having in writing filed in this Court this day waived notice of publication and posting of the libel and seizure, I there- fore have notified all persons claiming said property to be anil appear before this District Court on tne nineteenth day of September, 1887, at 11 o'clock in the forenoon, then and there to make their claims and allegations in that be- 40 half. Sitka, Alaska, Sept. 19th, 1887. BARTON ATKINS, U. S. Marshal, Dist. of Alaska. C. 7. Port of Victoria, B. C. These are to certify to all whom it doth concern, that Geo. R. Ferry Master of the Sch. " W. P. Say ward," bur- then 60 tons, navigated with 7 men, British built and bound for North Pacific Ocean & Behring Sea, having on board 5° Ballast and stores and fishing apparatus for a fishing and hunting voyage hath here entered and cleared his said vessel according to law. Clearance Customs of Canada, May 14, 1887, Victoria, B.C. Given under my hand, at the Custom House at the Port of Victoria in the Province of B. C. this 14th day of May one thousand eight hundred and eighty-seven. GEO. ERNO, Surveyor. [L. 8.] (Endorsed) -Filed Sept. 1J>, 1887.— H. E. Haydon, Clerk. —By A, A. Meyer, Dept. Clerk. 60 126 (Exhibit No. 65.) Crew List. Name of Ship, " W. P. Say ward." ARieement No. 23,716. No Signatures of Crew. Age. Where Born. Ship on which last served. Date. 10 I.... 8.... Wm. Petit A. Uing DaTid McHarray . . . Nell Morrison Ous Hoge 38 27 27 SO Jersey St. Andrews . England Scotland Prussia Robert Keen W. P. Sayward . . . Dolphin 1886 1888 1886 4 6.... Favorite Winifred 1886 1886 The undersigned agreed to proceed on the pi-esent voy- age from Victoria, B. C, on a general hunting and seal- ing voyage in the North Pacific, and the Behring Seas, or wherever the master may direct for a term not to ex- ceed twelve calendar months back to a final port of dis- 2Q charge in a port of British Columbia. The vessel may call at any port or ports for supplies during the said term of this agreement. 12... 18... 14... IB.., 16... 17... 18... 19... Geo. R. Fery A. Laing F. Wicks H. Gomsen C. Williama Thomas E. Spencer. J. Amdersun Edward Davis... . 89 jJersey 30 {Scotland . . . . Germany . . . , do . . . London . . . , Sussex Sweden Norway. . . . 82 29 19 86 86 81 Rover of Seas . . . W. P. Sayward . Boacowitz Geo. E. SUrr... Anna Beck May Taylor . . . . Anna Beck Adele 30 No. Date and place of joining this ship. In what Capacity. Time at wliieh he ia to be on board. Amount of wages per muntli. Amouut of wages advanced on entry. 1 2 40 3 4 6 12 13 16/2/86. Victoria. 25/2/86. 25/2/86. 19/2/86. 22/2/86. 17/2/87. 17/1/87. 17/1/87. 9/2/87. 6/2/87. 20/6/87. 23/6/87. 16/6/87. 28620 Master. Male. 1 Trader, Cook A 1 A B. A. B. A Hunter. A. B. 016863 Master. Mate it Trader. A. B. A. B. Cook. A. B. A. B. A. B. 26/2/86. 19/2/86. 22/2/86. $40.00 35 00 35.00 35.00 40.00 35.00 30.00 26.00 xo.oo 36.00 tso.oo 10.00 26.00 6.00 None. 14 16 16 18.00 10.00 17 18 50 19 Discharged and balance of wages reed. A. Laing, 16/9/86, G. I. David McMuray, 15/9/86. Discharged on the Coast and balance of wages paid W. P. Gua Hone, 16/9/30. No 15, G. Gormaen, deaerted May 15. Signature of Officer of Customs, GEO. INEO. f-,g( Endorsed)— No. 84.— Filed September 19, 188T.— H. E. Haydon, Clerk.— By A. A. Meyer, Depty. Clerk. 30 126 (Exhibit No. 65.) In the United States District Court, District of Alaska, Special July Term, Sept. 16, 1887. United States ) vs. } No. 84. Trial. Schr."W. P. Sayward.") Evidence for the Prosecution by Mr. Delaney. 10 I am Capt. L. G. Shepard named in libel of information in command of Revenue Cutter " Rush." I know the schooner " W. P. Say ward." I am theofficer under whose direction she was seized. The seizure was made in I^at. 64° 43' N., 107 deg. 51 min. W. The seizure was made about 5y miles from Cape Cheerful. The vessel was lyiujg when seized upon waters between Ounalaskaand Pribyloff Islands, in Behring's Sea. It was made on July ninth, 1887, 50 m. P. M. The schooner was first boarded by Lieuts. David A. Hall 20 and Thomas W. Benham, under my directions. After they left the " Rush " they returned bringing Capt. Ferry. The vessel had ou board 485, as informed me by the Cap- tain; in tallying out at Ounalaska found onlv 477. After Capt. Ferry's arrival on board the"Ru!iirl asked him the nature of his voyage; he said hunting and sealing. How loug he had been in Behring Sea? He said four days. How many sealskins on board? He said 485. By which pass bad he come in? He saidpassof the four Mountains. Had he taken any seals in Behring's Sea? He said Yes, (54." Didn't he know he had no right to take seals in Behr- ing's Sea? He said he did not know. This conversation occurred on the !»th July. At this conversation Lieut. D. A. Hall was present with myself and Capt. Ferry. (Counsel offers witness package of papers for identifica- tion.) Are these the docunaeuts and papers pertaining to this 40 vessel taken by you and your officers in the seizure? (Agreement read.) Ans. They are. Capt. Shepard found the vessel under shoi't sail one canoe and two Indians out hnnting seal. The canoe came alongside and the Indians went ou board. Vessel was in our immediate charge from Saturday till Tuesday during which time I had fre(iuent conversations with Capt. Ferry and mate, but no intimation was made that they had not taken seal. (Chart exhibited and Capt. Shepard identified place of 50 seizure thereon). Cross-examined by Mr. Clark: Did yon check the number of seals? One of my officers checked over the number of seals on board. Did not check them personally From what department were your instructions to seize the vessels From the Treasnry Department. Have you these instructions? I have. What were you to do after making the seizure? I don't know that my instructions cover this particular case, but (5othe law requires us to turnover the property when seizure is made to the nearest Port where the District Court is held. Did you do this? I did to the best of my ability with the force I had at my command. The vessels were sent here and the skins kept in Ounalaska. 127 (Exhibit No. «5.) Had vou any epocial instructions from youi Department to break carf^o on these vessels? I had no special instruc- tions but followed the precedent of last year as far as I know. Then your sole reasons for leaving those skins in Ouna- laska were the precedents of last year? No, sir; but for safe keeping of the skins. The skins were seized near loOunalaska and I had no special instructions as to dis- posing of them. There was a deputy U. S. Marshal at Ounalaska authorized to receive the skins and I delivered them to him and sent the vessels to Sitka. At the same time you know that the law required you to send them here? I don't know the law. I thought you did your duty according to law? You have to be governed by circumstances in Alaska. In whose ciiarge did you leave the skins? In charge of Isaac Anderson, Deputy Marshal. JO Did you deliver them to him personally at once? They were delivered to him as soon as landed. That was all you had to do with them? That was all I had to do with the skins. Can you give me the exact words of Capt. Ferry in your first conversation after ho came aboard wlien you asked him if he had killed any fur seal in Behring's Sea? I don't know what the exact words were, but I understood him to convey the meaning that he had killed (!4 seals in Behr- ing Sea. 30 Did you examine these skins personally? No, sir. I saw them when they were passed out of the vessel— didn't examine them minutely. You stated in your examination in chief that there was a canoe out hunting seals? Yes, sir. How do you know? Capt. told me that was his busi- ness. How do you know this canoe was out hunting seals? I have seen other canoes out hunting seal and seen them shooting seals. 40 You do not know positively that this canoe was hunt- ing seal? I presume of my own knowledge that they were. By the Court — Had they any implements on board for hunting seal? The canoes were hoisted on board and I could see nothing. Do you remember what sort of weather it was when you made this capture? The weather was not bad; I think a light westerly breeze. What had it been previously? We might not have had 50 the same weather, as we were in a different place and position makes a great difference in the weather in Beh- ring's Sea. Mr. Delaney first offers in evidence certificate of registrj' of schooner " W. P. Sayward," offii-iai Number 83,-1:4:6, also agreement on account of crew, same vessel No. 23,710, clearance C. May 14-87 and Bill of Health, May 14-87. Re examined by Mr. Delaney. Were the waters on w'hich this vessel was seized navi- gable from waters for vessels of ten or more tons burden? 60 Yes, sir. Thomas A. Benham, examined by Mr. Delaney. I am one of the officers of the Revenue Cutter " Rush " and mentioned in the testimony of Captain Sliepard as one of the boarding officers sent to the vessel. I had very little conversation with Capt. Perry. I heard him admit •♦ '•? 'I i I' 198 (Exhibit No. 65.) to Lieut. Hall that he had been killing seal nearly all the way from the pa98, of the Four Mountains up to where we found him. The stutements were made m reply to Lieut. Hall's questions who carried on the conversation. Afterwards Lieut. Hall aud Capt. Ferry went to the " Rush " and I remained with " Saywai-d." I was on the deck awaiting arrival of canoe when she came along side. ID She was empty. J remarked Laing that they were pretty well educated. He said if they had had any seal skins on board she would have brought them aboard. She had im- plements on board for the purpose of catching seals and two Indians. Cross-examined by Mr. Clark: Can you give me the words used by Capt, Ferry. I can only give you the import which was that he had "been kill- ing seal at every chance he had all the way up from the pass. 20 When did this conversation take place, and where were you! In the cabin, sitting; Mr. Hall was also sitting. You were busy noting down the seizure at the time? Yes, sir. Can you remember the words Capt. Ferry used when S3U told him the Indians seemed pretty well educated? o, sir. There was no particular meaning to the words. What did you mean? I meant that the sight of the smoke might induce them to throw the skins ovei'board. The purport of the answer was that they were out killing 30 seals. 1 don't remember what was said; only remember the substance of it. David A, Hall, examined by Mr. Delaney: I am Lieut. Hall spoken of; he said that he had taken seal from the entry of the pass in Behring Sea in the Behring Sea. He said two or three times that he had taken ♦!4 seals in Behring Sea. Cross-examined by Mr. Clark: Did you check the skins? Yes. What condition were they in? Some were fresh, quite 40 clear and soft. How long does it take a seal to become discolored by salt? I don't know. Barton Atkins, U. S. Marshal, examined by Mr. De- laney : The log books were brought inshore. I do not remem- ber when this one was brought asii>..re, two or three were brought together. It is hereby stipulated and iiyyeeA that the foregoing affidavit shall go before the Ooi .ft as the testimony of A. 50 Laing. Dated Sept. 10, 1887. A. K. DELANEY, Atly. for U. S., M. W. WHIT DRAKE. Atty. for "W. P. Say ward." .Schr. "W. In the United States District Court, District of Alaska. Special July Term, Sept. 15th, 1887. United States ) No. 84. Findings and Con- g^Schi. " W. P. Sayward." f ^'"«'«"^ ""^ ^aw. This cause having been tried and submitted, the Court upon evidence finds the following fact and conclusion of law. First.— That on the 9th day of July, 1887, and, thereto- fore, the master aud crew of defendant vessel were en- IM (Exhibit Nm. >i5.) ^aged in killine and did kill fur seals in that portion of Rehi-ing Sea ceded by Kiissiu to the United States by the Treaty of March, ISrt", and witliin the waters of Alaska in violation «»f Section l!»r>r. of the liHvised Statutes of the United States, and that the proiniscuoiis shooting of fur hearing animals in the waters adjacent to the islands of Saint Paul and St. (Jeorge and in that|»ortionof Behring's 10 Sea east of I'.cid de>>reo of west longitude has a tendency to frighten and i»revent the said animal from going upon those 'stands as tliey have been accustomed in the past. Sect, id.— That on the said !tth day of July, iss". said vessels, her furniture, apparel, tackle, cargo and 477 fur seal skins were seized in said waters by the commanding officer of the United States Revenue Cutter " Rush" then and there engaged in the Revenue Marine Service of tin* United States. Third.— That said commanding officer was duly com- 20 missioned by the President of the United States, and made such seizure under the direction and by the au- thority of the Treasury Department of the United States. Fourth.— That said property so seized was delivered by said commanding officer of said cutter to the Uniteil States Marshal of the District of Alaska, and is now within the jurisdiction of the Court. As conclusions of ]?, .tr. the Court finds that the Plaintiff is entitled to a decree of forfeiture against said vessel, her tackle, apparel, furniture, cargo and the said 477 fur seal joskins. Dated Sept. 10, 1887. LAFAYETTE DAWSON, Dist. Judge. In the United States District Court, District of Alaska, Special July Term, Sept. ISth, 18S7. United States vs. Schr. " W. P. Sayward. At this time comes W. Clark, proctor for claimant and moves the Court to arrest the decree of forfeiture in said cause for the following reasons, to wit: 1st. That the libel of information herein does not state facts sufficient in law to enable the United States to have and maintain this action for the forfeiture of the property seized herein. 2nd. 50 That the evidence produced on the part of the United States in this cause is not sufficient upon which to base a decree of forfeiture. 3rd. That from the evidence produced on the part of the United States it appears that the Court has no jurisdic- tion over the subject matter of this cause. 4th. That the Act of Congress under which the seizure herein , was made is contrary to the spirit of international law and ° nltra vires is that it purports to give to the United States jurisdiction over a portion of the high .seas more than three marine leagues from its shores and ]iurports to es- tablish an international boundary line in said ocean with no definite terminal points and impossible to determine by absolute measurement or clearly defined by marks. 40 No. 84. Motion in Arrest. ilW 180 (Exhibit No. «5.) Therefore claimants pray that said decree may be forever arrested and their cause dismissed. W. CLARK, Proctor for Claimants. In the United States District Court, District of Alaska, lo Special Jury Term, Sept. 15, 1887. United States 1 vs. I No. 84. Motion in A nest. Schr. " W. P. Sayward." ) At this time comes W. Clark, Esq., proctor for Claim- ant and files a motion in arrest of the decree of for- feiture in said cause, which motion was denied by theCourt and the following decree of forfeiture was ordered, viz. : 20 Schr. G. D United States vs 'W. p. Sayward" and , Warren and A. Laing. J j-No. 84. Decree. The Marshal having returned on the Monition issued to him in the above entitlefi action, that in obedience thereto he has attached the f^aid schooner " W. P. Sayward," her tackle, apparel, boats, cargo and furniture and Proctor for Claimants on behalf of said owners, having waived said owners right to publication and posting of the notice of the libel and seizure and also time of hearing, and has ^ given due notice to all persons claiming the same to appear before this Court on the l!>th day of September, 1887, at 11 o'clock A. M., at the District of Alaska, United States of America, then and there to interpose their claims and make their allegation in that behalf, and George R. Ferry, said captain of said vessel, having heretofore filed a claim to all of said property in behalf of J. D. Warren and Andrew Laing, of Victoria, B. C, and no other persons having appeared and no other claims or allegations having ^ been made or filed by any other person or persons, and the usual proclamations having been made and said cause having been heard this day by consent of parties on the pleadings and proof, M. D. Ball, United States District Attorney, by A. K. Delaney, Esq., of Counsel, in that be- half appearing as an advocate for the said libellant, and W. Clark, Esq., as advocate for said Claimants, and said cause having beau submitted to the Court for decision and due deliberation being had in the premises, and the Court having filed his findings and conclusions of law herein, it cqIB now ordered sentenced and decreed, as follows: First— That all persons whomsoever other than said claimants be, and they are hereby decreed in contumacy and default. Second — That said schooner " W. P. Sayward," her tackle, apparel, boats and furniture r"d her cargo of 477 fur seal skins, now in the custody of the Deputy United States Marshal at Ounalaska, and all property found upon or appurtenant to said schooner be, and the same are hereby condemned as forfeited to the use of the United ^ostfttes. Third — That unless an appeal be taken to this decree, within the time limited as prescribed by law and the rules of Court, the usual writ of venditioni exponas he issued to the Marshal commanding him to sell all the said prop- erty and bring the proceeds into this Court to be dis- 131 20 (Exhibit No, 65.) tributed according to law. Costs to be taxed and awarded against said claimant. Dated September 19, 1887. Sgd. LAFAYETTE DAWSON, District Judge. In the United States District Court, District of Alaska, ,0 Special July Term, Sept. 15th, 1887. United^States ^ ^^ ,^ ^^^.^^^ f^^. ^^^^ British Schr. "W. P. Sayward." ) «* Proceeding. And now comes W. Clark, proctor for claimant and moves the Court to grant a stay of proceedings herein to enable claimants to bond the property seized herein, if they desire to do so. Dated at Sitka, this 3rd day of October, A. D. 1887. W. CLARK, Proctor for Claimants. In the United States District Court, District of Alaska, Special November Term, Dec. J>, 1887. United States 1 No. 84. Motion filed by W. [ Clark, Esq., Proctor for [ Claimant, for a stay of pro- Schr. " W. P. Sayward." J coedings for 3 months. It is considered and ordered by the Court that the motion ,o be overruled. In the United States District Court, District of Alaska, Special November Term, Dec. 0, 1887. United States ) r.s. } No. 81. Schr. " W. P. Sayward." ) And now comes W. Clark, proctor for claimants, and prays the Court for leave to appeal this cause to the Su- preme Court of the United States, oi- such other Court as 40 may have appellate jurisdiction over the subject matter of this cause. W. CLARK, Proctor for Claimants. And afterwards, to wit, on December 9, 1887, claimants filed petition for Ictive to i.j peal, in said cause, which is in words and figures followin No. 84. Schooner " W. P. Say ward." ) Now comes M. P. Berry, proctor for claimants, and moves the Court for leave to file motion to perfect the ap- peal to the Supreme Court of the United States. It is considered and ordered by the Court that the mo- tion be overruled. And afterwards, to wit, on April 16, 1888, the following further proceedings were had in said cause and appear of record, which are in words and figures following, to-wit: In the matter of the United States i vs. y No. 84. 'O Schooner " W. P. Say ward." ) The ruling heretofore made on April 14, 1888, denying the motion for leave to perfect an appeal to the Supreme Court is hereby rescinded, the prayer of petitioner is granted and permission is given to appeal. • And on the same day, April 19th, 1888, the following M further proceedings were had, and appear of record in said cause, which are in words and figures following, to-wit: In the Matter of the United States ) 3° vs. V No. 84. Schooner "W. P. Sayward." \ Now comes M. F. Berry, proctor for claimants, and moves the Court for leave to file stipulation for appraised value of the schooner " W. P. Sayward," her tackle, ap- parel, small boats, furniture, arms and ammunition, and cargo consisting of 477 fur seal skins. Upon examination of the stipulations it is oidered by the Court that the same be approved, and whereupon the Court issued the following order, viz: The stipulations of the claimant herein with sufficient surety having been filed and approved, it is ordered that th« above-named vessel and all her tackle, apparel, furni- tijie, ai ids and ammunition, and cargo consisting of 477 txiv scnl skins, received in this port by the United States Mui'al for the District of Alaska, be released and that thy. -,!• ne be turned over to J. D. Warren, Esq., Atty. in f,xc'(, lor rhe claimant herein. (Signed) LAFAYETTE DAWSON. District Judge. The Clerk of the Court was ordered to issue orders on the United States Marshal, for the District of Alaska, to deliver the schooner "W. P. Sayward "and her cargo to J. D. Warren, Esq., Atty. in fact for the claimant herein. Seattle, Wash. Terr., March 31, 1888. To Captain James Douglas Warren, Atty. in fact for Thos. Henry Cooper, Managing owner of the following named vessels, i.e.: Steam Schooner " Anna Beck," Sclir. " W. P. Sayward," Steam Schr. " Dolphin," Steam Schr. "Grace." Sir: This is to certify that we 'he undersigned, have sub- scribed to certain bonds for the appraised value of each of the above named vessels, the tackle, apparel, furniture, machinery and cargo, all of which is to be filed in the 40 50 134 I (Exhibit No. 65). District Court for the District of Alaska, of which bonds certain dates were blank at the time of execution, do hereby authorize you, or whosover shall present the said bonds to be filed in the said District Court of Alaska, to fill said blanks by inserting the proper dates when ascer- tained from the records of said District Court. Dated at Seattle, Wash. Terv. the Slst day of March, 101888. BAILEY GATZERT. JACOB FURTH. (Endorsed)— Canceled by order of the U. S. District Court of Alaska. — See Decree, Journal 4, Page 537. — Charles D. Rogers, Clerk U. S. District Court. The schot.iiOi' Thomas F Fur Seal S. Whereas, a iin No. 84. Stipulation for A p p r aised Value. In the United States District Court in and for the District of Alaska. 20 United States "1 versus \ W. P. Say ward" and [■ Cooper, and 479 I of information was filed in the within cause on the 13th day of September, 1887, in the above c^urt by the Hon. M. D. Ball, U. S. District Attorney for the District of Alaska, against the schooner " W. P. Say- ward," her tackle, apparel, furniture and cargo, foi- the SOraasons and causes in the said libel mentioned and set forth-, and whereas a decree of forfeiture was on the 19th day of September, 1887, rendered against the said vessel, her tackle, apparel, furniture and cargo, and against Thomas Henry Cooper, of San Francisco, intervening as the sole and only claimant to said vessel, tackle, apparel, furniture and cargo; and whereas the said vessel, tackle, apparel, furniture and cargo are now in the custody of the U. S. Marshal foi the said District of Alaska, under process issued from tiiis Court, and in pursuance of the prayer of 40 the said libel; and whereas the value of the said vessel, her tackle, apparel, furniture and cargo has been appraised at S7,28i).50, as appears by the report of the appraisers duly appointed and sworn by this Court and on file herein; and whereas the said Cooper, claimant as aforesaid, is desir- ous of, and purposes, appealing from the said decree of this Honorable Court. Now therefore, we tiie undersigned, the stipulators, submitting ourselves to the jurisdiction of this Court, do acknowledge ourselves to be bound unto the 50 United States of America, the said claimant, Thomas Henry Cooper, as principal, and Bailey Gatzert and Jacob Furth as sureties, jointly and severally, in the sum of $7,289.50, lawful money of the United States, hereby consenting and agreeing that a summary decree may be rendered against us, and each of us, for the above ap- praised value, with interest thereon from this date, and that execution may thereon issue against our goods, chat- tels and lands, for the payment thereof, or any pait thereof, shall be ordered or decreed. Upon condition, neverthe- ^°less, that if the undersigned stipulators shall prosecute tiieir said api)eal witiiout unnecossai y delay, and abide by any final decree that may be rendered by the Supreme Court of the United States of America, to which this cause be api)ealed; and in the event of the said decree of this Honorable Cou't being affirmed by such Court of appel- 135 ss. (Exhibit No. 65). late jurisdiction, then if said stipulators pay the amount named in this stipulation into this Court this stipulation to be void, otherwise to remain in full force and virtue. Witness our hands this Slst day of March, A. D. 1888. THOMAS HENRY COOPER, By JAMES DOUGLAS WARREN, his Attorney in fact. 10 BAILEY GATZERT, J. FURTH. (Endorsed) — Canceled by order of the U. S. District Court of Alaska. — See Decree, Journal -t, page 537. — Charles D. Rogers, Clerk U. S. District Court. Territory of Washington, ) Third Judicial District, ) In the District Court of the Third Judicial District hold- ing terms at Seattle. 20 Bailey Gatzert and Jacob Fuith, the persons named in, and who subscribed the foregoing undertaking as the sure- ties thereto, being severally duly sworn, each for himself says: He is worth the amount specified in said undertak- ing as the p . I, lity thereof, over and above all just debts and liabi'cies, exclusive of property exempt from ex- ecution. BAILEY GATZERT, J. FURTH. Subscribed and sworn to be- 1 so fore me this 31st dav of J- March, 1888. ' ) W. E. Ledgervvood, Clk. Dist. Court 3rd Judicial Dist. of Wash. Ter. The sufficiency of the sureties of the foregoing bond is hereby ajtproved. R. A. J., District Judge Third Judicial District of Washington Territory. Approved this 19th day of April, 1888. 40 LAFAYETTE DAWSON, District Judge, (Endorsed) — No. 8-i. — In the United States District Court in and for the District of Alaska. United States vs. Schooner " W. P. Say ward." — Stipulation for appraised value of vessel and cargo. — Filed and approved April 19, 1888.— H. E. Haydon, Clerk. 50 In the United States District Court in and for the District of Alaska. The United States 1 No. 84. Bond for Costs. VCVSHS The Schooner " W. P. Say ward" and j^ Thomas Henry Cooper, and 479 Fur | Seal Skins. J Know, all men, by these presents: That we, Thomas Henry Cooper, a citizen of the United States of America, resident of San Francisco. California, and James Douglas Warren, of the City of Victoria, British Columbia, my f'OlawCul agent and attorney in fact, and Bailey Getzert and Jacob Furth, citiztMis of the United States of America, and residents of the City of Seattle, in Washington Terri- tory, are held and firmly bound unto the above mentioned United States of America, in the sum of $300 lawful money of the United States, to be paid into ihe District 136 (Exhibit No. 65). Court in and for the District of Alaska, or unto the Clerk thereof, upon the order of the Judge of such Court, for the payment of which well and truly to be made, we bind ourselves and each of us, our heirs, administrators, and executors, jointly and severally, firmly by these presents. Sealed with our seals, and dated this 31st day of March, 1888. ID Whereas, In the U. S. District Court in and for the Dis- trict of Alaska, a decree of forfeiture having been declared in the above entitled action; Now, therefore, the condition of the above obligation is such if the above named plaintiff herein recover from the defendants the costs and accrued costs in said action, we, the undersigned, are bound unto the United States of America, for all and every such costs, and accrued costs herein related. THOMAS HENFY COOPER [seal.] 2o By .JAMES DOUGLAS WARREN, Jacob Furth [seal.] His Atty. in fact. J. D. WARREN I SEAL.] BAILEY GATZERT [seal. | Approved April 19, 1888. H. E. Haydon, Clerk. (Endorsed)— Cancelled by order of the U. S. Dist. Court of Alaska.— See Decree Journal 4, page 537. —Charles D. Rogers, Clerk U. S. Dist. Court. ^ Territory of Washington, ) Third Judicial District, j ss. In the District Court of the Third Judicial District holding terms at Seattle. Bailey Gatzert and Jacob Furth, the persons named in and who subscribed the foregoing undertaking as the sureties thereto, being severally sworn, each for himself says: That he is worth the amount specified in said under- taking as the j)enalty thereof, over and above all just 40 debts and liabilities, exclusive of property exempt from execution. BAILEY GATZERT. JACOB FURTH. Subscribed a».d sworn to before me ) this 31st day of March, 1888. ) W. E. Ledgerwood, Clerk. The sufficiency of the sureties of the foregoing bond is hereby approved. R. A. J., 50 Judge of the District Court, Third Judicial District of Washington Territory. (Endorsed)— No. 84.— In the United States District Court in and for the District of Alaska. -United S'-a-ies vs. Schooner " W. P. Sayward." — Bond for costs.— Filed and approved April 19. 1888.— H. E. Haydon, Clerk. And on the same day, April 19th, 1888, the foUow^ing further proceedings were had and appear of record in said cause which are in words and figures following, to wit: 60 In the Matter of the 1 United States | No. 84. Withdrawing sale vs. I of cargo. Schooner " W. P. Say ward." J It is ordered that the Marshal withdraw from the sale advei'tised to take place on or after April 18, 1888, the cargo 137 No. 84. (Exhibit No. HS). of the schooner " W. P. Sayward." consisting of 477 fur seal skins. In the Matter of the United States vs. Schooner "W. P. Sayward." J JO It is ordered that the Clerk of the Court prepare a certi- fied copy of the registry of the Schooner " W. P. Say- ward," and file the same with the exhibits, and deliver the original to Oapt. J. D. Warren. It is ordered that the defendants perfect their appeal to the Supreme Court of the United States, by May 17th, 1888, or as soon thereafter as the mail steamer may ar- rive. United States ) vs. > No. 84. Affidavit on appeal. 20 chr. " W. P. Sayward." ) United States, District of Al-iska, ss. Personally appeared before me the undersigned Clerk of the District Court in and for the District of Alaska James Douglas Warren, who being first duly sworn upon his oath says he is the duly authorized agent for plaintiff in the above entitled cause, that said claimant purposes appealing said cause to the Supreme Court of the United States. That he purposes prosecuting said appeal with due dili- 3°gence and without unnecessary delay. That he is appeal- ing said cause for the reason that he feels himself ag- grieved and injured by the decree of the District Court rendered herein on the IDth day of September, A. D. 1887, at a special term of said court. That said appeal is not taken for vexatious delay or to hinder or delay the United States in obtaining the pro- ceeds of the said decree of forfeiture rendered herein, but that the law and the facts may be reviewed by the said Superior Court and that this appeal is made by affidavit '^'^for and in behalf of said claimant James Douglas Warren. Subscribed to and sworn before me this nineteenth day of April, A. D. 1888. [SEAL.] H. E. HAYDON, Clerk, U. S. Dist. Court. (Endorsed.)— Filed in open court April 27th, 1888.— H. E. Haydon, Clk. And afterwards, to- wit, on April 27, 1888, the follow- ing further proceedings were had in said cause and appear 50 ot record, which are in words and figures following, to- wit: In the matter of the United States t'S. Schooner "W. P. Sayuaiu.'j Now^ comes M. P. Berry, proctor for claimant, and moves the Court for leave to file affidavit on appeal and appeal to the Supreme Court of the United States. It is (5q ordered by the Court that leave be granted. United^States )no.M. Order granting ap- Schooner "W. P. Sayward." ) P®^'' Upon hearing and filing petition of M. P. Berry, proc- tor intervening for and in oehalf of the owner of the above i- No. 84. , 1 ir 138 m 20 (Exhibit No. 65). named vessel, and cargo, through and by authority of J. D. Warren, Esq., the duly authorized agent of the said owner, praying for sn order allowing him to appeal this cause to the Supreme Court of the United States, and upon hearing and filing the affidavit of J. D. Warren, the duly authorized agent for claimant in the above entitled cause, and no objection being raised on the part of the United ID States, and sufficient security having been given by said claimant that he will prosecute said appeal to effect, and being fully advised in the premises, it is ordered that said petition be granted and said claimant allowed to appeal this cause. Done at Sitka, Alaska, this 27th dav of April, 1888. (Signed) LAFAYETTE DAWSON, District Judge. In the United States District Court, District of Alaska. Special February Term, April 27th, 1888. United States ) No. 84. Stipulation for costs vs. > given by Claimant on ap- Schr. " W. P. Say ward." ) peal. Whereas a libel was filed in this Court in the within cause on the 13th day of September, A. D. 1887, by M. D. Ball, United States Attorney for the District of Alaska against the Schooner " W. P. Sayvvard," her tackle, apparel, furniture and cargo for the reasons and causes set forth and mentioned in said libel of information and 30 praying that the same may be condemned and sold. And whereas a decree of forfeiture was on the lOth day of September, A. D. 1887, made against the said vessel, her tackle, apparel, furniture and cargo, and against Thomas Henry Cooper of San Francisco, California, inter- vening as the sole and only claimant to said vessel, tackle, apparel, furniture and cargo. And whereas, the said Thomas Henry Cooper claimant as aforesaid is desirous of and purposes appealing from the said decree of this Hon. Court to the Supreme Court of 40 the United States. Now, therefore, we the undersigned stipulators sub- mitting ourselves to the jurisdiction of this Court do ac- knowledge ourselves as being bound unto the United States of America the said Thomas Henry Cooper as prin- cipal and John G. Brady and Otto Nelson as sureties jointly and severally in the sum of three hundred dollara lawful money of the United States condit'Dued that if the claimants above named shall pay all costs and expenses which shall be awarded against him by the final decree of 50 the Supreme Court of the United States not to exceed three liundred dollars then this stipulation to be void, otherwise to remain in full force and effect. Witness our hands this IDth day of April, A. D. 1888. (Sgd.) THOMAS HENRY COOPER, By M. P. BERRY, his Attorney of Record. John E. Brady. Otto Nelson. UNTfED States, ) 60 District of Alaska, ) Personally appeared before me, H. E. Haydon, Clerk of the United States District Court for the District of Alaska, John G. Brady and Otto Nelson, who being duly sworn each for himself deposes and says that he is a resident and householder in said district and that he is worth the ss. 13l» 1 No. 84 —Order granting •d " [ appeal. (Exhibit No. «5.) sum set forth in the foregoing stipulation above his just debts and liabilities and property exempt from execution. (Sgd.) JOHN (>. BRADY. OTTO NELSON. Sworn to and subscribed the 19th day of April, 1888. HENRY E. HAY DON, Clerk. [L. s. I U. S. Dist. Court. 10 In the United States District Court, District of Alaska. Special February Term, April 28, 1888. United States vs. Schr. " W. P. Say wan and Thos. Henry Cooper, j Upon hearing and filing petition of M. P. Berrv proctor intervening for and in behalf of the owner of the above named vessel and cargo through and by authority of J. -°D. Warren, Esq., the duly authorized agent of the said owner, praying for an order allowing him to appeal this cause to the Supreme Court of the United States and upon hearing and filing the afTidavit of J. D. Warren, the duly authorized agent of claimant in tiie above entitled cause and no objections being raised upon the part of the United States, and sufficient security having been given by said claimant that he will pro.secute said appeal to effect and upon being fully advised in the premises, it is ordered that said petition be granted and said claimant al- 3° lowed to appeal this cause. Done at Sitka, Alaska, this 27th day of April, 1888. LAFAYETTE DAWSON, Dist. Judge. In the United States District Court, District of Alaska. Special February Term, April 27th, 1888. United States ) vs. y No. 84. Schr. W. P. Sayvvard. ) •^° It is hereby stipulated by and between Whit. M. Grant, United States District Attorney, acting for and on behalf of the United States, and M. P. Berry, proctor for J. D. Warren, duly appointed and constituted agent for the owner that the following shall be omitted from the tran- script hereunto annexed, namely: All the exhibits referred to in the testimony of Captain L. G. Shepard. Sgd— WHIT. M. GRANT, U. S. Dist. Atty. 50 " M. P. BERRY, Proctor for J. D. Warren, Agt. for Owner. In the United States District Court, District of Alaska. Special February Term, April 28th, 1888. United States 1 No. 84. vs. >• Consent that vessel be dis- Schr. " W. P. Say ward." ) charged on stipulation. The Schooner "W. P. Say ward " her small boats, 6o tackle, apparel, arms, amunition, furniture and cargo con- sisting of 477 fur seal skins having been arrested on a pro- cess issued in this cause, we consent that on filing the usual stipulation entered according to the rules of the Court to appear, abide and perform the decree in the sum of seven thousand two hundred and sixty-eight and 75-100 Uuf^i 140 (Exhibit No. «5,) dollars, and on filing a claim and on complying with the rules of the court as to the feea of the officers of court the said schooner bH discharged from custody and arrest. Dated April lUth, 1888. WHIT. M. GRANT, Proctor for libel't. In the United States District Court, District of Alaska, lo Special February Term, April 27th, 1888. United States No. 84.— Bill of exceptions. No. 4s-Certificate of rs. The Brit. Amei-. Schr. "W. P. Say ward." Be it remembered that on the trial of this cause the same being the 19th day of September, 1887. in the Dis- trict Court of the United States, for the District of Alaska, holden at Sitka, in the aforesaid District, and at the No- vember Term thereof, the Government do sustain the ^° issue on its part, offered the following evidence to the Court, viz: (Here follows the evidence of Captain Shepard, Thomas A. Benham, David A. Hall, Barton Atkins, U. S. Marshal and refei'ence to evidence of Shepard in sealer cases) to which the defendants then and there objected and the objection being overruled and the evidence being admitted the defendant then and there excepted to the ruling of the Court and the law as declared by the Court, viz: (Here follow the findings of facts and conclusions of law.) 2° To all of which the defendant then and there objected. (Sgd.) LAFAYETTE DAWSON, Dist. Judge. In the United States District Court, District of Alaska. Special February Term, April 27th, 1887. United States ) vs. Schr. "W. P. Sayvvaid.'M Transcript. 40 I, Henrj' E. Haydon, Clerk of the United States District Couit in and for the District of Alaska, hereby certify that I have compared the foregoing transcript with the original papers in the above entitled action now on file in my office, and with all orders therein made and entei-ed on the minutes said Court, and that the said transcript is correct. I further certify that a sufficient undertaking on appeal in duo form of law was on the 19; h day of April, 1888, properly filed in said cause. 50 In witness whereof I have hereunto set my hand and affixed the seal of said District Court this 30th day of April A. D. 18SS. Sgd H. E. Haydon, clerk. (S.) In the United States District Court in and for the Dis- trict of Alaska. Special February Term, Apiil 27th, 1888. United States 1^ ^^ 84.-Appeal to the 6oSchr. " W. P. Sayward" and \ ^Tfi^^^A^f ""^ u' ^• Thomas Henr/ Cooper. J ^ *he Admiralty. To the Hon. the Supreme Court of the United States of America: The appeal of the above named appellant respectfully sheweth that on or about the 13th. day of September in 141 (Exhibit No. 05.) the year 1887 the above named libellauts United States of America exhibited their Jibel in i..e District Court of the United States for the District of Alaska against the appellant for the reasons set forth in the said libel that the appellants might be condemned to pay the demands of said libellnnt and costs in said libel mentioned. That process issued out of said having been served on 10 the appellant he did on or about the loth, day of Septem- ber 1887 file his answer to said libel in said District Court praying that the said libel be dismissed with his costs in that behalf as by reference to said libel and the said an- swer may more fully appear. That the said cause came on to be heard before the Hon. Lafayette Dawson Judge of the said District Court on or about the l!»th. day of September 18S7 upon the testimony and proofs adduced bv the respective parties and the said Judge having advised thereon did on the ll»th. day of Sep- 2otember 1SS7 made his decree in said cause whereby it was among other things decreed that the libellants on said cause recover against the appellant a decree of forfeiture against said vessel, her tackle, apparel, furniture, cargo and 477 fur seal skins as by reference to the said decree may more fully appear. And the appellant is advised and insists that the said decree is erroneous inasmuch as the Hon. Court at such sitting did not declare unconstitu- tional by which such seizures and forfeiture was made. Wherefore the appellant appeals from the whole of said 30 decree of said Disti'ict Court of the United States and re- spectfully prays that the decree of said District Court and the the bill, an3wer, pleadings, evidence and proceedings in the said cause may be sent to the Supreme Court of the United States without delay and that the said Supreme Court will proceed to hear the said cause anew and the said decree of the District Court and every part thereof may be reversed and a decree made dismissing said libel with costs or such other decree as the said Su- preme Court shall deem just. 4° Dated April 26th, 1888. M. B. BERRY, Sol'r for Appellant. And afterward, to-wit, on May 2d, 1888, the following further proceedings were had in said cause and appear of record, which are in words and figures following, to-wit: In the matter of rulings ~| made in the case of ! The United States [ ^ ^ , 50 vs. ( ■ " ■ Schooner "W. P. Sayward," | on April 14 and 16, 1888. J The orders of these respective dates are hereby rescinded so as not to effect the petitioner's right to appeal to the Supreme Court of the United States, and the aforesaid orders are expunged from the record. And afterward, to-wit, on July 18, 1888, the following further proceedings were had and appear of record in said 60 cause, which are in words and figures following, to-wit: United States ) vs. \ No. 84. Schooner *' W. P. Sayward."' ) Comes now M. P. Berry, Esq., attorney for Henry Thomas Cooper, and moves the Court for leave to file a i m^ |iif;( 14B (Exhibit No. 65.) motion uhowiug that Henry Thomas Cooper is now the sole and only owner of the'schooner "W. P. Say ward" and cargo, which schooner and cargo was decreed as for- feited to the United States, October 11, 18»7, and further prays the Court that the record in the above entitled cause be amended so as to Hubstitute the name of Henry Thomas Cooper, instead of James Douglas Warren. 10 Which motion was considered by the Court, it is ordered that the same be filed nunc-pro-tttuc, and that the name of Henry Thomas Cooper oe interposed as the actual owner of the schooner " W. P, Say ward " and cargo. And afterwards, to wit, on May 20, 1H8S, the U. S. Mar- shal made the following return in said cause, and it ap- pears of record, which is in words and figures following, to wit: In the matter of ] The United States I m^ o , 20 ys^ \ No. 84. Schooner " W. P. Sayward." ! Now rnnies Barton Atkins, United States Marshal for the District of Alaska, and returns the writ of Venditioni Exponas issued by order of this Court, February 10, 1888, and makes tiie following return in the presence of Whit. M. Grant, United States District Attorney, that prior to the date of sale of the property belonging to the " W. P. Sayward " that the same was delivered to J. D. Warren, on subsecjuent order, and that in obedience to the writ, 3° he proceeded to Puget Sound with the Schooner " W. P. Sayward," that by a subsequent order of this Court he did deliver the said vessel to her owners on a bond issued to this Court. At a Stated Term,' to-wit, the special July Term, 1888, of the District Court of the United States of America in and for the District of Alaska held at the Court Room in the Town of Sitka, on Wednesday, 18th day of July, in the year of our Lord one thousand eight hundred and eighty-eight. Present— The Hon. Lafayette Dawson, Judge United States District Court. United States ) vs. } No. 84. Schr. "W. P. Sayward." \ Comes now M. P. Berry, Esq., Attorney for Thomas Henry Cooper, and moves tlie Court for leave to file a motion showing that Thomas Henry Cooper is now the sole and only owner of the Schooner " W. P. Sayward" and cargo, which schooner and cargo was 5° decreed as forfeited to the United States September 19th, Js87, and furtlier prays the Court that the record in the above-entitled cause be amended so as (o substitute the name of Thomas Henry Cooper instead of James Doug- las Warren. Which motion was considered by tlie Court: It is or- dered tliat the same be filed niinc-protnnc and that the name of Thomas Henry Cooper be interposed as the act- ual owner of the Schooner " W. P. Sayward" and cargo. , I hereby certify that the foregoing is a full, true and correct copy of the order of the Court entered in the above entitled cause. Attest my hand and seal of the said District Court this 18th day of July, A. D. 1888. [L. s.] HENRY E. HAYDON, Clerk. 40 143 ' (Exhibit No. «.5.) And afterwards, to wit,* on July 18, 1888, claimants flled motion to substitute name of owner, nunc-pro-tunc in said cause, which ia in words and figures following to wit: In the United States District Court for the District of Alaska. Hon. L. DAWSON, 10 Judge. The United States, Pitt'., vs. The British Columbia Schooner "W. P. Say ward," Deft. No. 84. Motion to in- terpose the name of the actual owner of said vessel defendant iiuncpro-tunc. Now comes Henry W. Cooper and shows to the Court that the claim of ownership in tliis cause, is the name of J. D. Warren, That the interest of J. D. Warren has -Obeeu transferred to your petitioner, and said Warren has no further interest in this suit, and your petitioner asks to have his name substituted as claimant and defendant in the place and the stead of the said J. D. Warren, and that said substitution be entered nunc-iiio-tunv, as of the Kith day of April, issH. The same bemg an open Court day of the Special Term of this Court, February, 1888, and that tlie Clerk of the Court be instructed and ordered to make an entry accordingly upon the Court Journal and Docket. 30 HENRY W. COOPER, Non-resident, by M. i'. Berry, Attorney. (Endorsed)— No. 84.— In the United States District Court for the District of Alaska. — In Chambers. — Hon. L. Dawson, Judge. — Motion to substitute the name of owner nnnc-pro-tunc. — The United States, Pltf., vs. The British Columbia Schooner "W. P. Savward," Deft.— Filed July IS, 1888.— H. E. Haydon, Clerk.— 40 M. P. Berry, Atty. And afterwards, to wit, on May 8th, 1889, a writ of venditioni exponas was issued in said cause, which, with the Marshal's return, is in words and figures follow- ing, to-wit: In the United States District Court in and for the Dis- trict of Alaska. 50 United States V,i. Schooner " W. P. Say ward," her boats, tackle, apparel and cargo. No. 84. Writ of Venditioni Ex- ponas. The President of the United States of America, to the Marshal of the District of Alaska, greeting: Whereas a libel hath been filed in the District Court of the United States for the District of Alaska, on the 15 day of Sept. in the year of our Lord one thousand eight hundred and eighty seven, by M. D. Ball, Uiiited States District Attorney, against the schooner " W. P. Saywavd," her tackle, apparel, and furniture and cargo do civil and maritime, for the reasons and causes in the said libel mentioned, and praying the usual process and moni- tion of the said Court in that behalf to be made, and that all persons interested in the said schooner, her tackle, apparel, and furnitui-e and cargo may be cited in general and special to answer the premises and all proceedings rrr- 144 (Exhibit No. (i5.) being had that the said schooner her tackle, etc., may for the causes in the said libel mentioned be condemned as forfeited to the ose of the United States, and praying that the same may be condemned and sold to answer the prayer of the said libellants, and whereas the said schooner and cargo have been, attached by the process issued out of the said District Couit in pursuance of the 10 said libel and are now in custody by virtue thereof, and such proceedings have thereupon had that by definite sentence and deci-ee of said Court made and pronounced on the 1!» day of September, 18S7, and an order of the said Court in this cause made on the 12th day of Decem- ber, 18H7, the said vessel, her tackle, apparel and furni- ture, and cargo consisting of four hundred and seventy sev^n (477) fur seal skins, were ordered on the said 12th day of December, 18S7, to be sold by -you the said Marshal on Puget Sound in Washington Territory, after giving at 2o least 3(» days" notice of such sale, and that you pay the proceeds of such sale to the Clerk of this Court, as re- quired by law. Now therefore you will execute said decree and order and return this writ and report the manner in which you have executed this order to the Court. Witness, the Honorable La Fayette Dawson, Judge of said Court, at the city of Sitka, in the District of Alaska, this 12th day of December, in the year of our Lord one thousand eight hundred and eighty-seven, and of our in- 30 dependence the one hundred and twelfth. H. E. HAYDON, Clerk, District of Alaska. I hereby certify and return that in obedience to the within order I did proceed to Puget Sound with the Schooner " W. P. Say ward," on the 1 Ith day of January, 18S8, but that by a subsequent order of this Court I did deliver the said vessel to her o\ 'ners on a bond issued to this Court. 40 BARTON ATKINS, U. S. Marshal. (Endorsed)— Nu. S4.— The United States vs. Schooner " W. P. Sa^^ward." — Writ of Vendif km i Exponas. — Re- turned and filed May 8, 188l>.— H. E. Haydon, Clerk. In the L^nited States District Court, District of Alaska. In Chambers. Sitka, Alaska, December 30, 1887. In the matter of seal skins 1 5° seized on board of vessels >■ No. 84. in Behring Sea. ) The order heretofore made on the 12th day of Decem- ber, 1887, for the United Spates Marshal to sell the seal skins seized on board the schooner •* W. P. Say ward " at some place on Puget Sound is hereby revoked, and it is ordered by the Court that said skins be sold at Sitka, in the District of Alaska. (Signed) LAFAYETTE DAWSOiN, gQ District Judge. The United States of America. District of Alaska, ss. : I, H. E. Haydon, Clerk of the United States District Court of Alaska, do hereby certify that the foregoing copy of the order of the Court relative to the seal skins made 14S 20 (Exhil)it No. «5.) on the 30th day of Dev^ember. 1887, has been by me com- pared with the original and that it is a correct transcript therefrom, and of the whole of such orig;inal as the same appears on record at my office in my custody. In testimony whereof I have hereunto set my liand and affixed the seal of said Court at Sitka, in said District, this 7th day of February, 1888. 10 H. E, HAYDON. Clerk. District of Alaska: I hereby certify and return that prior to tho date of sale of the within named property belonging to the " W. P. Say ward," that the same was delivered to.I. B. Warren on a subsequent order of the Court BARTON ATiriNS, U. S. iHarshal. (Endorsed)— No. 84.— Sealskins seized with Schr. " W. P. Say ward. "-Returned and filed May 8, 188!>.— H. E. Haydon, Clerk. At a stated term, to-vvit, the Special February term. A. D. 1887, of the District Court of the United States of America, in and for the District of Alaska, held at the Court Room in the town of Sitka, on Thursday, the 19th day of April, in the year of our Lord one thousand eight hundred and eighty-eight. Present.— The Honorable, Lafayette Dawson. 30 Judge LT. S. Di.strict Court. In the matter of the Cargo ) of the -- N(.> S4. Schooner " W. P. Say ward." ) It is ordered that the Marshal withdraw from the sale advertised to take place on or after April is, 188S, the cargo of the Schooner " \V. P. Sayward," consisting of 479 fur seal skins. I hereby certify that the foregoing is a full, true and 40 correct copy of the order of the Court in the matter of the cargo of the schooner "W. P. Sayvvard," entered in the above entitled cause. Attest my hand and seal of said District Court, this 19th day of April, A. D. isss. H. E. HAYDON, Clerk. Dist. of Alaska. I hereby certify and return that the cargo belonging to the schooner " W . P. Sayward," as herein described, was 50 withdrawn from the Mai-shal's sale of April l!>, 1888. BARTON ATKINS, U. S. Marshal, (Endorsed)— No. 84.— U. S. Circuit Court.— District of Alaska.— Schr. " W. P. Sayward. — H. E. Haydon, Clerk. Filed May 8, 1889. At said stated term, to-wit: The Special February Term, A. D., 1888, of the District Court of the United States of America, in and for the District of Alaska, held 60 at the Court Room, in the town of Sitka, on Thursday, the 19th day of April, in the year of our Lord one thou- sand eight hundred and eighty-eight. Present—The Honorable Lafayktte Dawson, Judge V. S. District Court. i 1^ ■1.' ^^ . ^ 14« (Exhibit No. 05.) In the matter of the United States ) vs. > No. 84. The Schooner "W. P. Sayward." ) To the Marshal of the District of Alaska. Sir: The above named vessel and all her tackle, apparel, fur- niture, arms and anininnition and cargo consisting of 479 JO fur seal skins, that have been received by you in this port having been bonded, and ordered released by the Judge of the above Court, you will therefore discharge the said vessel, her tackle, ap])arel, furniture, arms, ammunition and cargo consisting of 47!« fur seal skins, so received by you. and deliver the same to J. D. Warren. I hereby certify tliat the foregoing is a full, true and coviect copy of the order of the Court in tiie case of the U. S. r.s'. Scliooner 'W. P. Sayward," entered in the above entitled cause. 20 Attest my hand and seal of said District Court this ll>th dav of April, A. D. isss. H. E. HAYDON, Clerk. Dist. of Alaska. I hereby ceitify and reiijru that the schooner "W. P. Say waid " was delivered to J. D. Warren, in accordance with this order of the Court. BARTON ATKINS, U. S. Marshal. 3° (Endorsed I— No. S4.— U. S. Circuit Court. District of Alaska.— Ordei to discharge Sch. " W. P. Sayward." —Filed May s, l^Wt.— H. E. Haydon, Clerk. United States of America, ss. The President of the United States of America, To the Honorable Judge of the District Court of the [l. S.J United States for the District of Alaska, Greet- ing: 40 Where.as, lately in the District Court of the United States for the District of Alaska, before you, in a cause between the United States, libellant. and the Schooner "W. P. Sayward," her tackle, ap|)arel, furniture and cargo, Thon\as Henry Cooi)ei'. owner and claimant, wherein the decree of the said District Court entered in said cause on the \'Mh day of September, A. D. 18S7, was in favor of the said libellant the United States, and against the said claimant, as by inspection of the transcript of the record of the said District Court, which was brought into SO the Supreme Court of the United States by virtue of an appeal, agreeably to the act of Congress, in such cases made and provided, fully and at large appears. And whereas, in the present term of October, in the year of our r.ord one thousand eight hundred and ninety of the said Supreme Court, this cause having been called to the attention of the Com t l)y Mr. Caldron Carlisle, and a motion by counsel for ajipellant to dismiss this cause having been filed Therefore, in pursuance of said motion, it is now ordered, adjudged and decreed by this Court ^°that this appeal be, and the same is hereby, dismissed. January 12, 181)1. Vou, therefoie, are commanded that such proceedings be had in said cause, as according to right and justice, and the laws of the United States ought to be had, the said appeal notwithstanding. 147 'vM (Exhibit No. 65.) Witness the Honorable Melville W. Fuller, Chief Justice of said Supreme Court, ti:e ii5th day of May, in the year of our Lord one thousand eight hundred and ninety-two. JAMES H. McKENNEY, Clerk of the Supreme Court of the United States. (Endorsed) — No. H4.— Supreme Court of the United States 10 —No. eyy, October Term, 18!»0— The Schooner "W. P. Say ward," etc. v The United States— Mandate— Filed June 18, 1892.— N. R. Peckinpaiigh. Clerk. And afterwards, to wit, on December 5th, 18»2, the fol- lowing further proceedings were had in said cause and appear of record, whicli are in words and figures follow- ing, to- wit: In the United States District Court for the District of Alaska. The United States ) 20 rs. The Schooner "W. P. Say ward." ) And now it appearing to the Court fi'orn the mandate on file in this cause, that the Supreme Court of the United States did, on the 2!»th day of February, 18}>2, confirm the decree of this Court heretofore rendered in the above en- titled action and remand the same for further proceedings. And it further appearing from the records and files of this Court that all pioceedings were stayed pending said decision of the Supreme Court, in the following entitled 3° cases, viz. : No. SI. The United States rs. The Schooner "Lilly L " No. 84. The United States vs. The Schooner " W. P. Savward." No. 85. The United States vs. The Schooner "San Diego." No. 85. No. 87. Alger." No. sy. 40 Annie." No. 9L No. 102. Dolly." And that in each of said causes decree of forfeiture were heretofore rendered by this Court, and that all of said ves- sels, their tackle, apparel, fuiniture and cargo wtMe re- leased upon stipulations and bonds. It is therefore hereby ordered that tlie United States Attorney prepare and that the Clerk of the Court cause to 5° be served upon each of the bondsmen and stipulators in said causes, a notice that the plaintiff will on the Hdth day of Jan., lS!>;i, move for judgment upon said stipulators and bonds, said notice to he served personally upon all such stipulators found within this District, and by publi- cation upon all non residents in like manner as service is made of sununons. In the United States District Court in and for the Dis- trict of Alaska. The United States <5o rs. The Schr. " VV. P. Saywanl," her , boats, tackle, furniture rmd cargo. ) To Thomas Henry Cooler, Bailey Gatzert Furth: You and each of you art; hereby notified that the Su- preme Court of the United States having, on the 12th The United States rs. The Schooner "Annie" The United States vs. The Schooner " ^'lie I. The United States rs. The Schooner " Kate and The United States vs. The United States The Schooner "Ellen." vs. The Schooner "Angel 1 I y No. 84. Notice. and Jacob ft" 14.S (Exiiibit No. «6.) day of January, 181»1, dismissed the appeal in the ahove cause, and remanded said cause to this Court I'or further pioceediuKS, the plaintiff will on the 30th day of January, 1893, at the Court Room at Sitka, in said District, at -2 o'clock p. M. of said day. or as soon thereafter as counsel can he heard, move for judgment against you upon the cstipulation and bond theretofore made by you for the ap- lo I (raised value of said vessel and cargo and costs as pro- vided by law. Dated Sitka, Alaska, December 7th, 1892. C. S. JOHNSON. U. S. Attorney for said Dist. United States ) _ District of Alaska, f ^*- " The President of the United States of America to the Marshal of said District, Greeting: You are hereby commanded to make due service of the 2o above and foregoing notice by publication in some news- paper of geneial circulation printed and published in said District, as diiected by an order of the United States Dis- ti let Court for paid District made and enteied of record on the .5th day of December, 1S92. Witness the Honorable Warren Truitt, Judge of said Court, and the seal of said Court affixed at Sitka, in said District this 9th dav of December, 1892. [L. s.] ' N. R. PECKINPAUGH, Clerk. 30 District of Alaska, U. S. Marshal's Office, Sitka, Jan. 23, 1893. I certify that in obedience to the order of this Honorable Court I caused the within notice to be published in the Alaska Herald, a newspaper of general circulation printed and published at Sitka, Alaska, for four consecu- tive weeks, a copy of which is hereto attached, and made a part of this return, as that I deposited in the post office at Sitka, Alaska, a copy addressed to Thomas Henry Cooper, San Francisco, Cal., and Bailey Gatzert and Jacob 40 Furth at Seattle, Wash. ORVILLE T. PORTER, U. S. Marshal. Endorsed.— No. 8-1.— In U. S. Dist. Court, Dist. of Alaska.— The United States i'.s-. The Schooner " W. P. Sayward." — Notice. — Returned and filed. — Jan- uary 23, 1893.— N. R. Peckenpaugh, Clerk, by A. A. Meyer, Dept.— C. S. Johnson, U. S. Atty. Proof of Publication. United States, ) 5° District of Alaska, )' To Thomas Henrv Cooper, Bailey Gatzert and Jacob Furth: You and each of you are hereby notified that the Su- preme Court of the United States having, on the 1 2th day of January, 1891, dismissed the appeal taken in the above cause, and remanded said cause to this Court for further proceedings, the plaintiff will on the 30th day of January, 1893, at the Court Room at Sitka, in said District, at 2 , o'clock P. M. of said day, or as soon thereafter as counsel °can be heard, move for judgment against you upon the stipulation and bond heretofore made by you for the ap- praised value of said vessel and cargo, and costs, as pro- vided by law^ Dated Sitka, Alaska, December 7, 1892. C. S. JOHNSON, U. S. Attorney for said Dist. ss. 149 (Exhibit No. (15.) ss. United States, ) District of Alaska, ) The President of the United States of America to the Marshal of said District. Greeting: You are hereby; commanded to make due service of the above and foregoing notice by publication in some news- paper of general circulation printed and published in said 10 District, as directed by an order of the United States Dis- trict Court for said District, made and entered of record on the 5th day of December. 1892. Witness the Honorable Warren Truitt, Judge of said Court, and the seal of said Court affixed at Sitka, in said District, this 0th day of DecemVjer, 181)2. N. R. PECKINPAUGH, [L. s.] Clerk. Walter B. Porter, being firet duly sworn, deposes and says: That he is the proprietor of the Alaskan Herald 20a newspaper published at Sitka, in the District of Alaska; that the " notice" of which a copy is hereto attached, was first published in said newspaper, in its issue dated Decem- ber 12, 1892, and was published in each weekly issue of said newspaper for four consecutive issues thereafter, the full period of four weeks, the last publication thereof beiug in the issue dated the 2d day of January, 1893. WALTER B. PORTER. Subscribed and sworn before me this 30th day of Janu- -Qary, 1893. N. R. PECKINPAUGH, Clerk. In the United States District Court for the District of Alaska. The United States ) vs. > No. 84. Motion. Schooner " W. P. Sayward,'' etc. ) Comes now C. S. Johnson, Attorney for the United 40 States, and moves this Honorable Court for judgment upon the stipulation and bond filed in this cause, for the sum of $7, 289. .50, and interest and costs, as provided by C. S. JOHNSON, U. S. Atty. for Plaintiff. (Endorsed )--No. 84.— In U. S. Dist. Court, Dist. of Alaska. — United States vs. Sch. '" W. P. Sayward,"— Motion for Judgment.— Filed January 30, 1893. — N. CQ R. Peckinpaugh, Clerk. — C. S. Johnson, Pltf.'s Atty. And afterwards to wit, on January 30, 1893, the follow- ing further proceedings were had as appear of record in said cause, which are in words and figures following, to wit: United States ) vs. } No. 84. Schooner " W. P. Sayward." ) And now on this 30th day of January, 1893, this cause 60 coming on to be heard by the Court upon the motion of plaintiff and libellant for judgment upon the stipulation and bond heretofore given for the value of said vessel, cargo,etc., and it appearing from the record and files in this cause that said vessel, her tackle, apparel, furniture and cargo were duly libelled for alleged violations of law, •w ISO (Exhibit No. 65.) that after filing of said libel, to wit, on the 3l8t day of March, 1888, the owner and claimants of said vessel and cargo caused to be executed and delivered a stipulation and bond in the sum of $7,289.50, that being the ap- praised value of said vessel and cargo; that the conditions of said stipulation and bond were such that if judgment were rendered against said vessel, then said obligation 10 should become absolute. The Thomas Henry Cooper, Bailey Gatzert and Jacob Furth, became and are the sure- ties upon said stipulation and bond; that on the l!>th day of September, 1887, judgment was rendered in this cause whereby said vessel, her tackle, apparel, furniture and cargo were decreed to be forfeited to the United States; that the owners and claimants of said ve.ssel appealed from said judgment and decree to the Supreme Court of the United States; that the Supreme Court on the 12th day of January, 18}t , sustained and confirmed the decree 20 of this Court, and remanded said cause for further action; that due and legal notice was served upon the stipulators of the time set for hearing said motion for judgment by publication in the Alaska Herald and by copies mailed to the stipulators and owners and claimants and the United States Attorney for this District appear- ing for the libeilant and presenting this said motion for judgment, and said stipulators and owners and claimants having failed to make any appearance, and there being no cause shown why judgment should not be rendered upon 30 said stipulation and bond, the Court finds that said stipu- lation and bond has become absolute, and the United States is entitled to have and recover judgments against said stipulators for the full property of said bonds together with interest and costs. It is therefore ordered, adjudged and decreed that the libeilant, the United States, huxe and recover judgment against said Thomas Henry Cooper, Bailey Gatzert and .lacob Furth, jointly and severally in the sum of $7,289.50 principal and $2,113.98 interest thereon, and costs taxed 4oat$ and that execution issue for the collection of said sums with accruing costs. And afterwards, to-wit, on October 11, 1894, the follow- ing further proceedings were had and appear of record in said cause, which are in words and figures following, to- wit: The United States of America J vs. > No. 85. TheSchooner " W. P. Say ward, "etc. ) 50 In these causes, Lytton Taylor, United States Attorney, for the District of Alaska, upon instructions from the De- partment of Justice in words and figures as follows: " A. G." Department of Justice, 6384-1880. Wahington, D. C, August 20th, 1894. Lytton Taylor, Esq., United States Attorney, Sitka, Alaska. Sir: I have the honor to acknowledge yours of the 28th ultimo. ^^ relative to the nine cases growing out of the seizure of certain vessels under section 1956 of the Revised Statutes. In view^ of the fact as stated in your letter and of the facts stated in other letters by you upon the same subject, you are directed to dismiss the proceedings in each of said cases. mi (Exhibits Nos. 05 and 60.) I am unable to see that it is practicable, or if it were practical)le, that it would be proper to act upon your sug- gestion that the dismissal of proceedings in the cases above referred to should be made conditional upon the United States being reimbursed for expenses incurred by it in such proceedings. Very respectfully, ID RICHARD OLNEY, Attorney General/ Moved that said cases be dismissed at the expense of the United States. Upon consideration thereof, the Court was pleased to so order, and the same is accordingly so ordered, adjudged and decreed. And it being suggested to the Court that all of said vessels had from time to time been released on bond, appending the matters in controversy, the Court was pleased to order the same canceled, and to declare the same void from henceforth, for all purposes. The Clerk will, across the face of each of said bonds or stipulations, write with red ink and in a bold hand the following: " Canceled by order of the U. S. District Court of Alaska, see Decree in Journal page (filling said blank as is appropriate), and signing the same officially, and dated the day of executing this order. The costs in the several cases will be certified as are other costs chargeable to the United States in such cases. WARREN TRUITT, U. S. Dist. Judge. 30 40 Claim No. T, "Anna Beck." EXHIBIT No. 66 (0. B.), CLAIM No. 7. Copy of record and proceedings in United States Dis- trict Court in Alaska in case of United States t's. "Anna Beck." The proceedings in this case were similar to those taken against "Onward," as shown in Exhibit No. 37 (G. B.), printed above at page 58, and by order of the Commis- sioners on consent of counsel only the following portions are printed: Lieut. David A. Hall, being duly sworn, deposes and says: I am the executive officer of the U. S. R. Cutter " iiush," engaged in the Revenue Marine Service of the United States; have been since 2nd July last. Was in 50 Bell ring sea. That day seized the British Steam Schooner "Anna Beck," under Capt. L. G. Shepard's order, in lat. o-t.ns 30 north 1(57 26.70 west. Cape Cheerful on Oonalaska S. E. j east, distance 66 miles. Being in the Behring sea between the island and the Pribilof Islands. The seizure was of the vessel, tackle, apparel, cargo, and three hinidred and thirty-six fur seal skins and arms and ammunition. The vessel was then on waters navigable from the sea by vessels of ten (10) or more tons burden, The seal skins seized were turned over to the custody of 60 the Deputy Marshal of this Distiict at Oonalaska; the other property was afterwards turned over to the U. S. Marshal of this District at Sitka. Counsel exhibited to witness the documents of the St. Schooner " Anna Beck." 1st. Certificate of Registry, dated Feb. 14, 1881, from Victoria, B. C. Custom House official number of ship fp l.-.J (Exhibit No. «6.) 64,135. Tunnage 36.35, also bill of health, same office, dated Jan. 21, 1887, also clearance, same vessel, same office, 21 Jan., 1887, bound for Pacific Ocean. Ballast and stores for fishing and hunting voyage, also agreement of crew 31,097. Witness says I identify those as the papers of the " Anna Beck," and they were taken in my possession at the time of the seizure. Papers offered in 10 evidence and received. DAVID A. HALL, 1st Lieut. U. S. R. M. Subscribed and sworn to before me, this 24th day of September, A. D. 1887, after having been read over by me to deponent. [L. s. I H. E. HAYDEN, Clerk U. S. District Court. Capt. L. G. Shepard, being duly sworn, deposes and says: I am the Commander of the U. S. Rev. Cutter •'Rush," engaged in the Rev. Marino Service of the U. S., and was such on the 2nd day of July last. The steam schooner "Anna Beck" was seized by my order that day. I am regularly commissioned as such officer by the President of the United States, and I made the seizure under the direction and by the authority of the Treasury Department of the United States. L. G. SHEPARD. Subscribed and sworn to before me this 24th day of Sep- -Qtember, A. D. 1887, after having been read over by me to deponent. Ll. 8.] H. E. HAYDEN, Clerk U. S. District Court. List of Persons composing the Crew of the " Anna Beck," of Victoria, B. C, whereof Louis Olsen is Master. 40 20 50 Names. Age. i1 22 36 Kl 19 30 48 20 In what Capacity. Wages. t40 00 40 00 36 00 36 00 25 00 30 00 35 00 40 00 Wages ad- vanced on entry. Louis Oleon Wilh Tliomisen None. Engineer. Mate. Cook A Stewrd. A.B. Mate. Cook ti.) overruled and judgment of forfeiture decreed against all of said vesstois, judgment to be entered separat>jl.y in each case, and a stay of proceedings granted for ninety Jays, as per stipulation heretofoie filed. In the Matter of 1 The United States | t*3. [ '°Schooners "Dolphin," "Grace," j " Anna Beck " and " Adda." ) Now comes W. Clark, Esq., and enters an appearance for each of said vessels on behalf of their masters and owners. And afterwards, to- wit, on October 11, 1SS7, the fol- lowing further proceedings were had in said cause, and appear of record, which are in words and figures follow- ing, to-wit: 20 In the United States District Court, District of Alaska. United States I vs. > No. H2 Deciee. Steam Schooner "Anna Beck.") This cause coming on to be heard this Uth day of October, 1887. The Mai'shal having returned on the monition issued to him in the above entitled cause that in obedience thereto he had attached the steam schooner "Anna 3° Beck," her tackle, apparel, boats, cargo and three hundred and thirty-six fur seal skins, furniture and engines and machinery, and has given due notice to all persons claim- ing the same to appear before this Court on the 3rd day of October, 1887, at 10 o'clock a. m. at the District of Alaska, United States of America, then and there to interpose their claims and make their allegations in that behalf, and T. H. Cooper having heretofore filed his claim as the owner of all of said property, and no other person having appeared and no other claim having been filed by 40 or for any other person and the said claimant having filed a demurrer to the libel c.' information herein and also a stipulation admitting that the fur seals of which the skms were found and seized on said steam schooner "Anna Beck" were killed in that part of Behring Sea claimed by the United States, and beyond the limit of ten miles from the nearest land, A. K. Delaney, appearing for the United States and W. Clark appearing for said claimant, and said cause being sub- mitted to the Court and the Court being advised in the 50 premises, it is ordered that the said demurrer be overruled and the said claimant refusing to plead, said cause is sub- mitted to the Court upon the pleadings, proofs and stipu- lation filed herein, and the Court being advised in the premises and having filed his findings of facts and conclu- sions of law herein, it is ordered, adjulged and decreed: 1st. That all pei-sons whatsoever other than the said claimant be and they are decreed to be contumacy and de- fault. 2nd. That said steam schooner "Anna Beck," her 60 tackle, apparel, boats, cirgo and three hundred and thirty- six fur seal skins, furaiture. engines and machinery, be and the same are hereby condemned as forfeited to the use of the United States, saving to the officers and men on said vessel their own private property, such as nautical instruments, etc. jr)4 (Exhibit No. <)♦'..) lird. That unless an appeal be taken to this decree with- in the time limited and prescribed by law and the rules of the court, the usual writ of Venditioni Exponas be issued to the marshal commanding him to sell all the property, the said steam schooner " Anna Beck" to be sold at Port Townsend or some other point on Puget Sound in Wash- ington Territory and after ninety days' notice of said sale. 10 That the proceedings of the sale of said property be brought into this Court to be deposited subject to its order and to be distributed according to laAV. That the costs herein be taxed and awarded against the said claimant. Dated October 11, 1SS7. (Signed) LAFAYETTE DAWSON, District Judge. (Endorsed)— No. S'2. — United States r.s. Steam Schooner "Anna Beck."— Decree filed Oct. 11. 1S87.— U. E. ^^ Haydon, Clerk. And on the same date the defendant filed claim of owner in said cause, which is in words and figures follow- ing, to wit: In the United States District Court for the District of Alaska. The United States vs. 30 The Steam Schooner " Anna Beck. } No. 82. I J And now comes W. Clark duly authorized attorney for T. H. Ci>oper owner of the above named vessel, her tackle, apparel, furniture and cargo, intervening for the interest of the said T. H. Cooper, in the said schooner, her tackle, apparel, furniture and cargo, and appears before this Hon. Court and makes claim to the said property as the same is attached by the Marshal, under process of this Court, at the instance of L. G. Shepard, Commander of the "^ United States Revenue Marine Cutter " Richard Rush," and the said W. Clark, avers from information and belief, that the said T. H. Cooper, owner, was in possession of the said schooner at the time of the seizure- thereof and that the said T. H. Cooper is the true and bona fide owner of the said schooner, her tackle, apparel, furniture and cargo, and that no other person is the owner thereof, whereof he prays to defend accordingly. SO VV. CLARK, Proctor for claimant. Sworn and subscribed be- J fore me this day - of Oct. 1887. ^ H. E. Hayden Jr., Dept. Clerk. W. Clark, Proctor for claimant. (Endorsed)— No. S2.— United States vs. Steam Schooner "Anna Beck."— Claim of Owner.— Filed Oct. 11, 60 1887. H. E. HAYDEN, Jr., Deputy Clerk. And, afterwards, to wit, on December 12, 1887, the fol- lowing further proceedings were had and appear of record, 155 (Exhiliit No. m.) in said catiso, which are in words and figures following, to wit: The United States ) rfi. - No. 82. Schooner "Anna Beck," her cargo, &c. ) It is ordered hy the Court that the Marshal of the Dis- trict of Alaska sell the three hundred and thirty-five fur •o seal skins seized from the schooner "Anna Beck," and condemned hy the decree in the ahove entitled cause as forfeited to the United States. That for tlie purpose of securing a hetter market for said skins, the said Marshal is authorized to take the said fur seal skins out of tlie District of Alaska and to Port Townsend, Seattle or Tacoma, on Puget Sound, in the District of Washington Territory, and there make said sale. That he advertise the time and place of said sale for at least thirty days. -0 And that out of the proceeds of said sale he pay the costs and expenses of insuring and caring for, transporta- . tion and sale of said property, and pay the halance of said proceeds as required hy law, and that he report ail his doings in the premises hereunder to this Court. (Endorsed)-Xo. si>.— In the U. S. Dist. Court, Dist. of Alaska.— United States vs. Schooner " Anna Beck. — Order for sale of ;5;5,') fur seal skins. — Filed Dec. 12, 1S87.— H. E. Hayden, Clerk. In the United States District Court, District of Alaska. United States ) ^^ 82. -Writ of Vcn- Steam Schoone'r" Anna Beck." f '''''''«' ^''^««"«- The President of the United States of America, to the Marshal of the District of Alaska, greeting: Whereas a libel hatli been filed in the District Court of the United States for the District of Alaska, on the 13th day of September, in the year of our Lord one thou- ■^° sand eight hundred and eighty-seven, hy M. D. Ball, United States District Attorney, against the steam schooner " Ann Beck " her tackle, apparel, engines and n)achinery, furniture and cargo, civil and maritime, for the reasons anil causes in said libel mentioned, and praying the usual process and monition of the said Court in that behalf to be made, and that all persons interested in the said steam schooner, her tackle, apparel, engines and machinery, fuinituie and cargo may be cited in general and special to answer the premises and all proceedings being had and the 5° said steam schooner, her tackle, etc., may for the causes in said libel mentioned be condemned as forfeited to the use of the United States, and praying that the same may be condennied and sold to answer tlie prayer of the said libellant, and whereas the said steam schooner and cargo have been attached by the piocess issued out of the said District Court in pursuance of the said libel and are now in custody by virtue thereof and such proceedings have been thereupon had that by a definite sentence and . decree of said Court made and pronounced on the 11th day of October, 1SS7, and an order of sale of the said Court in this cause madeon the9thday of February, 1888, the cargo of said steam schooner consisting of 330 fur seal skins to be sold by you the said Marshal at Sitka, in the District of Alaska, after giving at least thirty days' notice, and the said steam schooner " Anna Beck," her tackle, apparel, 156 (Exhibit No. h- Steam Schooner "Anna Beck.") ditioni Exponas. The President of the United States of America to the 4° Marshal of the District of Alaska, greeting: Whereas, a libel hath been filed in the District Court of the United States for the District of Alaska, on the ];^»th day of September, in the year of our Lord one thousand eight hundred and eighty seven, by M. D. Ball, United States District Attorney against the steam schooner " Anna Beck," her tackle, apparel, engines and machinery, furniture and cargo, civil and maiitime, for the reasons and caused in said libel mentioned, and praying the usual Erocess and monition of the said court in that behalf to e made, and that all persons interested in the said steam schooner, her tackle, apparel, engines and machiut-ry, furniture and cargo may be cited in general and special to answer the premises and all proceedings being had the said steam schooner, her tackle, &c., may for the causes in the said libel mentioned, be condemned as forfeited to the use of the United States and praying that the same may be condemned and sold to answer the prayer of the said libelant, and whereas, the said steam schooner and cargo have been attached by the process issued out of the ^ said District Court in pursuance of the said libel, and are now in custody by virtue thereof, and such pro- ceedings have been thereupon bad that by a definite sentence and decree of said court made and pronounced on the 11th day of October, 1887, and order of sale of the said court in this cause made on the 15? (' Exhibit No, M) Dth day of Felnuary. 1»HS, the cargo (tf said schooner conaiHtiiiK of H:ast thirty days notice, and the said steam schooner " Anna Berk," lier tackle, apparel, engines and machinery and furnitua-, are to l)e sold by you the said Marshal, at Port Townsend or some otiier ID point on Puget Sound in Washington Territory, after ninety days notice of said sale, and that yon pay the pro- ceeds of such sale to the Clerk of tliis Court is re<|uiredby law. Now therefore you will executn said decree and order and return this writ and report the manner in winch you have executed this order to the court. Witness the Honorable LaFayette Dawson, Judge of said Court, at the City of Sitka, in the District of Alaska, this 10th day of Februai-y in the year of our Lord one 20 thousand eight hundred and eighty eight, and of our in- dependence the one hundred and thirteenth. H. E. HAYDON, Clerk L'. S. District Court. (Endorsed)— No. S2. In the District Court, Judicial District, holding terms at Sitka, United States vs. Steam Schooner " Anna Beck." Writ of Venditioni Exponas, Filed this 24th day of Apr. 188l>. H. E. HAYDON, Clerk. 30 And afterwards, to wit, on May 2;i, 188(», the following further proceedmgs were had, and appear of leccrd in 'id cause, which are in words and figures following, to wit: In the matter of the] United States | vs. y steam schooner " Dol- | phin," et al. J 40 In the matter of the final report of Barton Atkins, Esq.. United States Maishal for the District of Alaska, in the sale of the steam schooner " Dolphin," and other schoon- ers, and certain seal skins seized, condemned and ordered to be sold under the order of this court. Now on this 23d day of May, issit, the said Barton Atkins, Esq., having heretofore fded his final account and report as United States Marshal, of his acts and doings in the sale of the steam schooner " Dolphin," and other schoon- ers, and vessels named in said report, and of the f urni- S^ture, tackle, and equipments of the same, and of certain seal skins set out therein, and Whit M. Grant, Esq., United States District Attorney for the District of Alaska, having filed his written exceptions to said report and the said report and the said exceptions having been submitted and considered by the court the following order is hereby made in regard to said report: 1st. It is ordered that the credit for a shortage of seven (7) seal skins in the lot of said seal skins sold at San Fran- cisco, California, as stated in said final report be allowed ^to stand in favor of said Marshal. 2nd. That the credit of three hun dred and ninety-six ^'/ff ($396.62) dollars taken by the saidmarshal, in said report as refunded from the proceeds of the said sales of vessels and seal skius to the appropriation for fees and expenses of the Marshal's office, stand as stated in said final report. ISS (Exliil)it No. t!(i.) 3rd. That the exception to the item of thirty-one ^Vd dollars for which credit is claimed in the report, as paid to Isaac Anderson at Oonalaska, Deputy Marshal is sustained and the Marshal shall he further charged with said amount because the voucher showi^ that it was for expenses not attending or belonging to the custody or the sale of any of said forfeited vessels. lo 4th. That the exception to the item eighty-four ($84.00) dollars, paid from fees and expenses of the Marshal's of fice as guard on hoard the schoonar "Challance" dis- charj;ed by order of the Court, and rein)bursernent of which to tlie sai. United States vs. I Steam schooner "Anna Heck." J This cause coming on to be further heard on the rejiort of the sale of the said schooner "Anna Beck." made V)y T. J. Hamilton, United States Mrashal for Washington 30 Territory, and acting Deputy for Marshal of Alaska. And it appearing to the Court that said sale was made by order of the United St.ites Attorney (iieneral, on the writ of reiiilifioni ".tpoiias issued out of this court, Febru- ary loth, isss, and that said schooner was sold for the sum of !i((t(i7.oo cash, which sum less the expenses of said sale and the lawful fees of said Marshal amounting to ^s."i:>.<,»;?, ba/ebeen paid into the Registry of this Court. Thai said schooner was sold to Crestoka Peterson, on the L'tith day of Manh. l.-JS;*, and there appearing to the .4oCourt no lawful reason to the contrary, tiu> said sale and the said expenditures made on account thereof are hereby ratified, approved and confirmed, ami the Marshal shall execute a bill of sale to s^aid i)urcbaser. The following additional portions of the foregoing ri?c ord are not included in the above exhibit, and under the rights reserved for that purpose by counsel for the United States have been specified by them as a separate {U. S.) exhibit to he printed in connection therewith. SUPPLEMENTAL (U. S.) EXHIBIT "A." Return of writ of vewlitioin exponas. The United States of Anierica, ) . District of Washington Territory, ( ^^•* I, T. J. Hamilton. United States Marshal for the Dis- trict of Washington Territory, do hereby certify that the annexed writ of vt'iulitioni I'.rpoiia.s No. S'2, issued out of ^ the U. S. District Court of Alaska, which writ and steam '° schooner "Anna Beck," her tackle, apparel, engine and machinery, furniture and cargo, ( ivil and maritime, were delivered to me at Fort Townsend. W. T. on the 7th day of September, 1888 (in conformity to directions by tele- gram from the department of justice of the United States September fitb, 1H88) by Barton Atkins, U. S. Marshal of the District of Alaska, except! ig the cargo of said steam MR IfiO ■w»v W (U. S. Exhibit A.) schooner, consisting as recited in said writ of figures 33(i fur seal skins, which were to be sold by the Marshall of Alaska, Sitka, in the District of Alaska. In conformity with the directions of said writ, and the instructions from the Department of Justice of the United States, and from the District Court of Alaska. I did ad- veitice said sale of the said steam schooner " Anna loBeck," her tackle, apparel, engines and machineiy, and furniture in the Daily Call, which is a weekly newspaper, published in the City of Port Townsend, in the County of Jefferson, in the Territory of Washington, at least once a week and was during all of the time of general circulation in said Jefferson County for ninety days, to-wit: from the 2fith, day of December 1SS8 to the 2t)th. day of March Issi), and IdiSon the 20th day of March 1889, at Port Town- send, offer for sale, and did sell at public auction said steam schooner " Anna Beck," her tackle, apparel, en- 2ogines, machinery, aud furniture to Chestoka Peterson for ?(907.0(), cash in hand, he being the highest and best bidder for the same. I now make return of said writ to the said Court with my report of the manner in which I have executed the same and pay into the Clerk of said Court the proceeds of said sale, after deducting the costs and fees of said sale, as follows, to-wit: Costs. Towing, mooring and docking, by L. B. Hast- ^^ ings, owner Str. " Enterprise," Voucher No. 1 $40 00 Marshal's Com. on proceeds of sale, $907 00, 2% on 1st $500, I'je on balance 14 07 Amount returned to court 852 !>3 $907 00 In witness whereof I have hereunto set my hand this 6th day of April, 1889, at Seattle in the Territory of Wash- 4oington. BARTON ATKINS, U. S. Marshal for Alaska. T. J. HAMILTON, U. S. Marshal for Washington Territory and Deputy. (Endorsed)— No. 82.— In the U. S. District Court, in and for the District of Alaska.— The United States vs. Steam Schooner " Anna Beck."— Writ of Venditioni E'.r/yo»ias.— Returned and filed April 24, 1889.— H. E. 50 Hayden, Clerk. United States of America, In account with Commercial Wharf, Dr. 1889. March 2(i To berths at said wharf for schooners, " Grace." " Dolphin," " Ada," and " Anna Beck," for 15 days from September 7th to 21st inclusive and March 2Cth, 1889, at$4n.oo per 60 month $2000 Received payment of T. J. Hamilton. Port Townsend, W. T. March 2T, 1889. J. A. KUHN, Owner of said wharf. 101 10 1888. Sept. 1889. Mch. 20 26 (U. S. Exhibit A.) L. Hastings Steamboat Company. Port Townsend, W. T., March 28, 1889. United States to Steamer " If.nterprise " Dr. To towing schooner " Anna Beck " from Coniniercial Dock, Port Townsend, to head of Port Town- send Bay and mooring $20 oO To towing schooner "Anna Beck" from head of Poi-t Townsend bay and docking at Commeicial Wharf, Port Townsend 20 00 $40 00 Received of T. J. Hamilton, U. S. Marshal, the sum of forty ($40.00) dollars in full of above amount. L. B. HASTINGS. Owner Str. "Virginia." Mch. 28, '89. Return on writ of venditioni Exponas. The United States rs. Schooner " Anna Beck. 30 I hereby certify and return that 1 received the within writ of venditioni exponas on the luch day of February, 1888, and in accordance with the command therein, I did sell the cargo therein mentioned at Sitka, Alaska on the 19th day of April, 1888, consisting of three hundred and thirty six (33(i) fur seal skins for the sum of one thousand one hundred and fifty-nine iW dollars, to A. C. Couther- land, after giving thirty days notice of said sale. The purchaser above mentioned, being the highest and best bidder at said sale, which sum I paid to the clerk of 40 the U. S. District Court on the 23d day of April, 1888, as commanded by said writ. At subsequent sales to April 19, 1888, I realized the sum of fifteen and ^%% dollars ($15.40) on fixed ammunition, and five compasses, which sum I now return into Court, as commanded by said writ. I further certify that, as commanded by the within writ, I caused the said schooner " Anna Beck," with her tackle, &c., to be taken to Port Townsend, VV. T., on the 19th day of July, 1888, and there advertised the same for 50 sale, as commanded by said writ. On the 18th day of A)igust, 1888, I received the follow- ing dispatch from the Department of Justice, to wit: Postpone sale of condemned schooneis, and await further instructions by mail. On the tith day of September, 1888, I received further insti'uctions from the Department of Justice for me to return to my District, and to deputize Thus. J. Hamilton, U. S. Marshal for Washington Terri- tory, aiid to transfer custody of said schoonei to him, with full power to act. 60 In accordance with said instructions I did on the 7th day of September, 1888, appoint the said Thos. J. Hamilton Deputy U. S. Marshal for the District of Alaska, and did transfer to him full custody of said schooner, to- gether with the original writ of venditioni exponas in this case, with instructions to report, to the Honorable ft HBf^P^ 1 mat - ' ;jraf i i: m lO K5-3 (U. S. Exhibit A.) District Court of Alaska such further proceedings as should be had herein. BARTON ATKINS. U. S. Marshal for the District of Alaska. (Endorsed) No. 82. — In the District Court, Judicial Dis- trict, holding terms at Sitka, United Stateb, Plaintiff, vs. Schooner "Anna Beck, Defendant. — Writ of Venditioni E,vpon as.— Fi\ed this 8th day of Mav, 1889.— H. E. Hayden, Clerk. And afterwards to wit, on May 20th, 1889, the follow- ing further pioceedings were had and appear of record, in said cause, which are in words and figures following to- wit: The United States 20 VS. Steam Schooner ' Anna Beck." ) VNo. 82. Now conies Barton Atkins, United States Marshal for the District of Alaska and returns the writ of Venditioni Exponas issued by order of the Court, February 10. 1888, and makes the following return in the presence of Whit M. Grant, United States Disti-ict Attorney, that in ac- cordance with the command therein did sell the cargo therein mentioned at Sitka, Alaska, on the lOth day of April. 1888, consisting of three hundred and thirty-six fur seal skins for the sum of one thousand one hundred fifty- 30 nine and fo^ dollars ($1,1.59.20) to A. C. Southerland, after giving thirty days" notice of sale. The purchaser above mentioned beinp the highest and best bidder at said sale, which sum I paid to the Clerk of the U. S. District Court on the 23d day of April, 1888, as commanded by said writ. At subsequent sales to April 19, 1888, 1 realized the sum of fifteen and ^W ($15.40) dollars on fixed ammu- nition and five compasses, which sum I return into court as commanded by said writ. I further certify that, as commanded by the within writ, I caused the said schooner 40 " Anna Beck." with her tackle, &c., to be taken to Port Townsend, W, T., on the 19th day of July, 1888, and there advertised the same for sale, as commanded by said writ. On the 18th day of August, 1888, I received the following dispatch, to-vvit: " Postpone sale of condemned schooners and await further instructions by mail." On the 6th day of September, 1888, I received further instructions from the Department of Justice for me to return to my dis- trict and to deputize T. J. Hamilton, U. S. Marshal for Washington Territory, and transfer custody of said 50 schooner to him with full power to act. In accordance with said instructions, I did, on the 7th day of Septem- ber, 1888, appoint T. J. Hamilton Deputy U. S. Marshal for the District of Alaska, and did transfer to him full custody of said schooner, together with the original writ of Venditioni Eoi'ponas, in this case, with instructions to report to the Hon. District Court of Alaska such further proceedings as should be had herein. Upon motion of the United States District Attorney it is oi'dered and adjudged and decreed that said sales be con- 60 finned. ]fi3 (Exhibit No. (i7.) Claim No. 9, '* Dolphin." EXHIBIT NO. 67 (& B.), CLAIM NO. 9. Copy of part of record and proceedings in United States District Court in Alaska in case of United States tvs. " Dolphin." The proceedings in this case were siniilt;r to those taken '^against the schooner " Anna Beck," shown in Exhibit No. 66 (G. B.), printed above, and by order of the Commis- sioners, on consent of counsel, the following portions only of this exhibit are printed : In the United States District Court in and for the Dis- trict of Alaska, United States of America. To the Honorable Lafayette Dawson. Judge of said Dis trict Court: The libel of information of M. D. Ball, Attorney of the United States for the District of Alaska, who prosecutes "° on behalf of the said United States, alleges and informs as follows, to wit: That L. G. Shepard, an officer in the Revenue Marine Service of the United States, duly commissioned by tiie President of the United States, in command of the United States Revenue Cutter " Rush," and on special duty in the waters of tlie District of Alaska heretofore, to-wit: on the 12th day of July, A. D. 1887, within the limits of Alaska Territory, and in the waters thereof, and within the civil and judicial District of Alaska, to-wit: within ^°the waters of that portion of Behring Sea belonging to the United States and said District, on waters navigable from the sea by vessels of ten (10) or more tons burden, seized the steam schooner "Dolphin," of Victoria, B. C. her tackle, apparel, boats, cargo and furniture, being the property of some person or peisons unknown to said at- torney. The property is moie particularly described as fol- lows, to-wit: Schooner " Dolphin " of Victoria, B. C. of 60 10/100 tons burden as per legister, standing and running rigging, sails, engines and machinery, chronometer and '^ nautical instruments, clock, lamps, carpenters tools, books, two anchors, casks, cooking and table utensils, preservers, three rifles, twenty shot guns, and ammunition for the same., and six hundred and eighteen fur seal skins, and all other property found upon or appurtenant to said steam schooner. That said L G. Sliepard was then and there duly com- missioned and authorized by the proper department of the United States to make said seizure. That all said prop- er erty was then and there seized as forfeited to the United States for the following causes: That said vessel, and her Captain, officers and crew were then aiid there found engaged in killing fur seal within the limits of Alaska Territory, and in the waters thereof, in violation of Section litr)(l of the Revised Stat- tites of the United States. That all the said property, after being seized as afore- said was brought into the port of Sitka, in said District, and turned over to the United States Marshal of this Dis- 60 trict, with the exception of the said six hundred and eighteen (618) fur seal skins, which latter were brought into the po''t Oonalaska, in said territory, and delivered into the keeping of Isaac Anderson, a deputy United States Marshal of this District, and all of said property is now within the judicial District of Alaska, United States of America. 1 f w ' .■'" ! :i P 164 (Exhibit No. 67.) And said M. D. Ball, attorney as aforesaid, further in- forms and alleges; that on the 12th day of July, A. D. 1887, J. D. Warner and certain other persons whose names are to the said United States attorney unknown, who were then and there engaged on board of said steam schooner " Dolphin " as seamen and seal hunters, did under the di- rections and by the authority of said J. D. Warner, then lo and there master of said schooner, engage in killing and did kill, in the territory and district of Alaska, and in the wateis thereof, fifty fur seals, in violation of Section 1956 of the Revised Statutes of the United States, in such cases made and provided. That six hundred and eighteen C618) fur seals so seized on board the steam schooiier " Dolphin " constituted the cargo of said schooner at the time of the killing of said fur seals, and at the time of said seizure; and said attorney saith that all and singular the premises were and are true 20and within the admiralty and maritime jurisdiction of the United States, and of this Honorable Court, and that by reason thereof, and by force of the statutes in such cases made and provided, the aforementioned steam schooner being a vessel of 60^Vj tons burden, and her sail apparel, tackle, boats, cargo and furniture become and are for- feited to the use of the said United States. Wherefore, the said attorney prays that the usual pro- cess and monition of this Honorable Court issue in this behalf against said steam schoonei-, and all said hereinbe- 30 fore described property, to enforce the forfeiture thereof, and requiring notice to be given to all persons to appear and show cause on the return day of such process why said forfeiture should not be decreed, and that after due proceedings are had all said property be adjudged, decreed and condemned as forfeited to the use of the United States, and for such other relief as may be proper in the premises. Dated September 13th, A. D. 1887. M. D. BALL, 40 . United States District Attorney, for the District of Alaska. By A. K. DELANEY, Special Asst. Atty. for the U. S. Endorsed— No. 79.— United States District Court. — Dis- trict of Alaska— The United States vs. steam schooner "Dolphin."— Libel of Information.— Filed Sept. 13th, 1887— H. E. Hayden,Clerk.— By A. \. Meyer, Deputy Clerk. 50 And afterwards, to wit, on Sept. 17th, 1887, a stipula- tion was filed in said cause, which is in words and figures following, to wit: In the District Court of the Territory of Alaska. The United States 1 vs. I The British Schooners "Dol- y phin," "Anna Beck," i 60 "Grace "and "Ada." j It is hereby stipulated and agreed betw-een the plaintiffs and the masters of the defendant schooners: that the demurrer filed in the matter of the information against J. D. Warren and the agreement therein shall apply to the libels filed or to be filed against the above vessels. (Exhibit No. ti7.) It is further stipulated and admitted as a fact that tho masters of the above vessels did kill seals during the month of July, 1887, in that portion of Behring Sea claimed by the United States under the treaty of 18(57, be- tween Russia and the United States, and beyond the limit of ten miles from the nearest land. It is further stipulated that in case the vessels or any of 10 them shall be condemned by any order of the Court, that the same shall not be sold until the expiration of three months from the publication of any order ordering such sale. And that such sale shall take place at Port Town- send or some other point on Puget Sound. It is further stipulated that the defendants may give se- curity for appeal to the Supreme Court of the United States or such other court as may have jurisdiction by bonds of any qualified bondsmen in Washington Territory, Oregon, or California. 20 Upon the question of fact thus agreed upon, the parties submit the cases to the Court upon the law question raised by the demurrer. 10th September, 1887. On behalf of the masters of the above schooners. M. W. DRAKE. A. K. DELANEY, Atty for U. S. (Endorsed)— No. 79.— In the District Court, District of Alaska. — The United States vs. Schooners " Dolphin," ^0 "Anna Beck," "Grace" and "Ada." — Stipulation. — Filed Sept. 13, 1877.— H. E. Haydon, Clerk.— By A. A. Meyer, Deputy Clerk. Particulars of Eng.4gement. Amount of In what capacity en- s;age No. 75». Decree. Steam Schooner " Dolphin." i This cause coming on to be lieard this 11th day of Oc- lotober, 18S7. The marshal having returned on the monition issued to him in the above entitled cause, that in obedience thereto he had attached the said steam schooner " Dol- phin," her tackle, apparel, boats, cargo and six hundred and eighteen (1S) fur seal skins, furniture and engines and niachinery be and the same are heieby condennied as forfeited to the use of the United States, saving to the officers and men on said vessel their own private property, such as nautical instruments, etc. 50 ;'>rd. That unless an appeal be taken to this decree within the time limited and piescribed by law and the rules of the Court, the usual writ of venditioni exponas be issued to the Marshal commanding him to sell all the propei'ty, the said steam schooner " Dolphin" to be sold at Port Townsend or some other point on Puget Sound, In Washington Territory, and after ninety notice of said sale. That the proceedings of the sale of .said property be brought into this con it to be deposited subject to its order 60 and to be distributed according to law. That the costs herein be taxed and awarded against the said claimant. Dated October 11, 18^7. (Signed) LAFAYETTE DAWSON, District Dawson. 10' (Exhibit No. <17.) (Endorsed)— No. 7!».— United States vs. Steam Schooner "Dolphin."— Decree.— Filed October 11, ISsT.— H. E, Haydon, Clerk. And afterwards, to wit, on April 14ih, the defendant filed motion for leave to perfect appeal, which is in words and figures following, to wit : '° In the United States Distiict Couit for the Di9tric;t of Alaska. Hon. Lafayette Dawson, Judge. Special Term. The United States, PItf., ^ '■■s. I No. 71'. Motion for leave The British- American Steam ;- to continue and complete Schooner " Dolphin," and | appeal. Uaigo, Dcfts. j Comes now ]\l. P. Bciiy, I'roctor. intervening for and on 2o behalf of the owners of the above named vessel and cargo and prays the Court for leave to comj)lete the appeal as per the stipulations that are of record in said cause. M. P. BERRY. Proctor for Owners. (Endorsed- No. 7!*.— In the United States District Court for the District of Alaska. -Hon. Lafayette Daw- sou, Judge.— Special Term. The United States Plain- tiff ?'s. The British-American Steam Schooner " Dol- phin" and cargo, Defendants. — Motion for leave to 30 perfect appeal.- Filed in open court April 14, ISSO. — H. E. Haydon, Clerk.— M. P. Berry, Proctor. And afterwards, to wit, on Feb. loth, ISss, a wiit of rendition i cvpoiias was issued in said cause, which, with the Marshal's return, is in words and figures following, to wit: In the United States District Court, District of Alaska. United States ) xt .,, ^x- •- p t- 1 m • (No. (0. W vit 01 I etunt/om 40 steam Schocmer " Dolphin." ) i^^vpomts. The President of the United State's of America to the Marshal of the District of Alaska, Greeting: Whereas, a libel hath been filed in the District Court of the United States foi' the District of Alaska, on the i;ith day of September, in the year of our Lord one thcjusand eight hundred and eighty-seven, by M. D. Ball, United States District Attorney, against the Steam Schooner '■ Dolphin," her tackle, apparel, engines and machinery, fiH'uiture and cargo, civil and maritime, for the reasons 5° and causes in said libel mentioned, and praying the usual l»i'ocess and monition of said court in that behalf to be made, an- ^,, i.t.,:* „« tt j-,- (No. (!». \\v\i 01 veudilioHi Steam Schooner " Dolphin." S £'-'7">'*««- •^°The President of the United States of Anierica, to the Marshal of the District of Alaska, Greeting: Whereas, a libel hath been tiled in the District Court of the United States for the District of Alaska, on the 18th d^y of September, in the year of our Lord one thou- sand eight hundred and eighty-seven, by M. D. Ball, United States District Attorney, against the steam schooner " Dolphin," her tackle, apparel, engines and machinery, furniture and cargo, civil and maritime, for the reasons and cau.ses in the libel mentioned, and praying the usual ^° process and monition of the said Court in that behalf to be made and that all persons interested in the said steam schooner, her tackle, apparel, engines and machinery, furniture and cargo may be cited in general and special to answer the premises and all proceedings being had that the said steam schooner, her tackle, &c., may for the causes in the said libel mentioned be condemned as for- feited to the use of the United States and praying that the same may be condemned and sold to answer the prayer , of the said libellants, and whereas the said steam schooner ■■'°and cargo have been attached by the process issued out of the said District Court in jjursuauce of the said libel and are now in the custody by virtue thereof, and such pro- ceedings have been thereupon had that by a definite sen- tence and decree of said Court made and pronounced on the 1 1th day of October. 18S7, and an order of sale of said Court in this cause made on the !tth day of February, 1H88, the cargo of said steam schooner consisting of six hundred and eighteen (»iIS) fur seal skins, to be sold by ^ you the said Marshal, at Sitka, in the District of Alaska, after giving at least thirty days' notice, and the said steam schooner " Dolphin," her tackle, apparel, engines, machin- ery and furniture, are to be sold i)y you, the said Marshal, at Port Townsend, in Washington Territory, after ninety days notice of said sale, and that you pay the proceeds of such sale to the Clerk of this Court as required by law. wi Kit) (Kxhibit No. (17.) Now, therefore, ^V'HI will execute saiil flecreo and order and return this writ and rejiort the manner in which you hare executed this order to this court. Witness the Honorable Latayelte Dawson, Judge of said Court, at the City of Sitka, in the District of Alaska, this 10th day of February, in the year of our Lord one thousand eight hundred and eighty-eight, and of our in- lodependence the one hundn-l and thirteenth. H. E. HAYDON. [seal.] Clerk of the U. S. Dist. Court. (Endorsed)— No. 7!>.— In the District Court, Judicial Dis- trict, holding terrnb at Sitka. — United States, Plain- tiff vs. Steamer Schooner " Dol|ihin," Defendant.— Writ of Venditioni Hvponas. — Filed this sth day of May, 1S81>.— H. E. Haydon. Clerk. 20 1 Copy.) DEPARTMENT OF STATE. W.ASHIXOTO.V, October 27, 1888. The Honorable The Attorney (tenerai,. Sir: Referring to previous correspondence concerning the disposition of the British vessels, "Grace," "Dolphin" ana "Anna Beck," condemned for taking .seals illicitly in Behring's Sea. I have the honor to acknowledge the re ceipt of your letter of the 'J<»th instant on the subject, and to say in reply that under the circumstances the wiser 30 course for all concerned is to let the sale take place at once, as delay is impracticable and can only be productive of loss. I have the honor to be, sir. Your obedient servant, T. F. BAYARD. File No W. J. H. 40 6384-1886. DEPARTMENT OF JUSTICE. Washington, November U, 1888. T. J. Hamilton, Deputy U. S. Marshal, Seattle, Washington Territory. Sir: I transmit herewith a copy of a letter of the 27th ultimo from the Secretary of State. In accordance with the sug- gestion made to him, you will proceed to take the neces- sary steps for the sale of the vessels left in your charge, CO and make the sale as speedily as it can be done consist- ently with the interests of the Oovernment. This em- braces the "Ada" as well as the three refered to by the Secretaiy of State. If it be necessaiy to have additional writs in order to effect the sale legally, see that you have the proper process. If you can make the sale under the present writs, proceed immediately, and make returns according to law. Very respectfuUv, A. H. "GARLAND, 6q Attorney General. The following portions of the proceedings against the " Dolphin " were not offered as part of Exhibit 67 (G. B.), printed above, and under the rights reserved for that pur- fW hi 9 170 (U. S. Exhibit B.) pose by tho counsel for the United States have been spe- cified by them as a separate (U. S.) exhibit to be printed in connection therewith. SUPPLEMENTAL (U. S.) EXHIBIT " B." Mahshai/s Return on Whit of Venditioni Exponas. "^ United s;tates of Amkkica, ) ^^ District of Washington Territory. ) *"'■ I. T. J. Hamilton, Unitjid States Marshal for the District of Washington Territory, do hereby certify that the an- nexed writ of rviidiliohi I'.rijoiias, P^'o. 7i», issued out of Ihe U. S. District Court of Alaska, Feb. 10, 1H88. directed to th(* Marshal of the District of Alaska, which writ and steam s<.ho(in«'r " Dolphin," her tackel, apparel, engines and machinery, fuiiiiture and cargo, civil and ,Q maritime, were delivered to me at Port Townsend, W. T., on the 7th day of Septend)er, isss (in conformity to direc- tions liy tt'k'gram from tiie Departn'ient of Justice of the United'States, September •'., iNSSi, by Barton Atkins, U. S. Marshal of the Distiictof Alaska, excepting the cargo of the said steam schooner, consisting, as recited in said writ, of six hundrt'd and eighteen (018) fur seal skins, which were to be sold by the Marshal of Alaska in Sitka, in the District of Alaska. In conformity with the directions of said writ, and the ^Q instructions from the Department of Justice of the United States, and from the District Court of Alaska, I did ad- vertise said sale of the said steam schooner " Dolphin," her tackle, apparel, engines, machinery and furniture in the l)((ilij Call, which is a weekly newspaper, published at the city of Port Townsend, in the county of Jefferson, in the Territory of Washington, at least once a week, and was during all of the time of general circulation in said Jefferson County, for ninety days, to-wit, from the 2(}th day of December, 1888, to the 2(>th day of March, 1889, .Qat Port Townsend, offer for sale, and did sell at public auction said steam schooner " Dolphin," her tackle, ap- parel, engines, machinery and furniture to William Olson for $1,225.00, cash in hand, he being the highest and best bidder for the same. I now make return of said writ to the said Court with my report of the manner in which I have executed tiie same, and pay into the Clerk of the said Court the pro- creeds of said sale, after deducting the costs and fees of said sale as follows, to wit: 50 Costs. Towing, Mooring and Docking. By L. B. Hastings, owner Str. "Enterprise." Voucher No. 1 $40 00 Marshal's Commission on proceeds of sale $1,225, 2% on first $500, 1% on balance 17 25 Amount returned into Court 1,167 75 $1,225 00 In witness whereof I hereunto set my hand this 6th day 60 of April, 1889, at Seattle in the Territory of Washington. BARTON ATKINS, U. S. Marshal for Alaska, By T. J. HAMILSTON, U. S. Marshal for Washington Ter., Deputy. 171 lO (Kxhibit No. «8.) (Endorserl) -No, 7!t.— In tlie U. S. District Court, in and for the District of Alasita. — Th«! United States vs. steam Schooner "Dolphin."— Writ of Venditioni Ejc- ;joHfi.<».— Returned and filed April 'J4, 1S89. -H. E. Haydon, Clerk. Return on Whit of Vk.nuitioni Exponas. United States | vs Schr. " Dolphin." ) 1 herehy certify and retniii that I received the within writ of Vviiilitioiii E.ri>(niitn on the loth day of February, |ss«, and in accordance with coniniaml thciein, I di(l sell the cargo therein mentioned, in Sitka, Alaska, on the Dtth day of , isss, consisting of five hundred and ninety-six (■'ilMli fur seal skins for the sum of two thousand two hundred and thirtytive dollars, to J. I). Warren, 2i) after giving thirty days' notice of said sale The pur- chaser above mentioned being the highest and best bidder at .«aid sale, Also a number of guns, for the sum of two hundred ninety-nine and ,V'(t dollais. which I paid to the Clerk of the U. S. District Court, on the '2'M day of April, ishs, as commanded by said Court. At sales subsetjuent to April I'.tth, IHSH, I realized sixty-two and ^\',, dollars on guns, amnuniition, etc., which 1 now return into Court as conmianded by said writ: I further certify that, as commanded by the within 3owiit, 1 caused the said schooner "Dolphin." with her tackle, etc., to lie taken to Port Townsend, W. T., on the l!Hh day of July, ]8«8, and there advertised the same for sale, as commanded by said writ. On the 18th day of August, Isms, I received the following dispatch from the Department of Justice, to- wit: " Postpone sale of the con- demned schooners, and await further instructions by mail." On the (ith day of September, 1888, I received fur- ther instructions from the Department of Justi(;e. for me to return to my District and to deputize T. J. Hamilton, 40 U. S. Mar: hal for Washington Territory, and tranisfer cus- tody of said schooners to him, with full power to act. In accordance with said instructions, I did on the 7th day of September, 1888, appoint T. J. Hamilton Deputy Marshal for the District of Alaska, and transfer to him full custody of said schooner, together with the original writ of Ven- ditioni Exponas in this case, with instructions to report to the Honorable District Court of Alaska such further pro- ceedings as should be had herein. 50 BARTON ATKINS, U. S. Marshal for the District of Alaska, Claim No. 10. "Oraoe." EXHIBIT No. 68 (0. B.), CLAIM No. 10. Copy of part of record and proceedings in United States District Court in Alaska in case of United States vs. 60 "Grace." The proceedings in this case were similar to those taken against the schooner "Anna Beck," shown in Exhibit No. 66 (G. B.) printed above, and by order of the Commis- sioners, on consent of counsel, the following portions only of this exhibit are printed. «l^ (Exhibit No. O*.) In tlie L'nitetl States District Court, in and for the Dis- trict of Alaska, United States of America. To the Honorable LaFayette Dawson. Judge of said Dis- trict Court: The libel of information of M. D. Ball, Attorney of the United States for the Distiict of Alaska, who prosecutes on beiialf of the said United States, in the name and ou lo behalf of tiie said United States, alleges and informs as follows, to wit: That L. G. Shepard, an officer in the Revenue Marine service of tlie United States, duly commissioned by tlie President of the United States, in command of the United States Revenue Cutter " Rnsh," and on special duty in the waters of the D'«trict of Alaska, beietofore, to wit. on the ITi'.. day of July, A. 1). 18S7, within the limits of Alaska Territory and in the vvaters tht>reof and within the civil and judicial District of Alaska, to wit: within the 20 waters of that portion of Bebring Sea belonging to the United States and said District, on waters navigable from the sea by vessels of ten or more tons l)urden. seized the steam schoonei- "Gracf." of Victoria, B. C, her tackle, apparel, boats, cargo and furniture, being the property of some |)erson or persons unknown to said Attorney. The properly is more particularly described as follows, to wit: Steam Schooner " Grace," of Victoria, B. C, Tti.srt tons burden as per register, engines and machinery, standing and running rigging, sails, chronometer and nautical in- 30strni.ients. clock, lamps, carpenters' tools, books, two anchors, casks, cooking utensils, provisions, two rifles and six shot-guns, and .annnunition for the .same and seven hundred nnd sixty-nine (,7*)lt) fnr seal skins, and all other pro|)erty found or appurtenant to said steam schooner. That said \j (J. Shepard was then and there duly commis- sioned and authorized by the proper def)artment of the United States to make said seizures. That all said i)roperty was then and there seized as for- feited to the United States for the following causes: 40 That the said vessel, her officers and crew were then and there found engaged in killing fur seals within the limits of Alaska Territory and in the said waters thereof, in violation of Section l!tr)ti, of the Revised Statutes of the United States. That all the said propeity after being seized as aforesaid was brought into the Port of Sitka, in said District. ;ind tmned over to the United States Marshal of this District, with the exceptioi\ of the said seven lumdred and sixty - nine ("O'.t) fur seal skins, which latter were brought into Sothe Port of Oonala.ska and delivered into the kee[)ing of Isaac Anderson, a Deputy United Staves Marshal of this District, and all of the said propei'ty is now within the Jndicial District of Alaska, United States of America. And said M. D. Ball, attorney as aforesaid, further in- forms and alleges: That on the ITtb day of July. A. D. 1S87, Wm. Petit, and certain other persons whose names are to the said United States attorney unknown, who were then and thei'o engaged on hoard the said steam schooner "Grace" as seamen and seal hunters, did under fc the directions and by the authority of said Wm. I'etit, then and there master of said scliooner, eng.ige in killing and did kill in the Territory and District of Alaska, and in the waters thereof, fifty fur seals, in violation of Section lSt.5(! of the Reviseil Statutes of the United States, in such ca'ies made and provided. That the .sai(' seven hundred 173 (Exhibit No. 6S.) and sixty- nine (769) fur seal skins and other goods so seized on board the steam f^chooner "Grace "constituted the cargo of said s-team schooner at the time of the killing of the said fur seals and at the time of said seizure. And said attorney saith that all and singular the prem- ises were and are true, and within the admiralty and maritime jurisdiction of the United States and of this 10 Honorable Court, and tiiat by loasoii thereof, and by force of the statutes in such cases maile and provided, the afore- mentioned steam schooner being a vessel of (io. 1(» tons burden, and her said apparel, tackle, boats, cargo and furnituie become and are forfeited to the use of the said United States. Wherefore the said attorney ]»rays that the usual pro- cess and monition of this Honorable Court issue in tliis behalf against said schooner and all said hereinbefore de- scribed ])roperty to enforce the forfeituie thi .t j*", and re- 20 quiring notice to lie given toallpersons toappviuand show cause, on the return day <;f said ])rocess why said forfeit- ure should not be decreed; and that after due proceedings are had, all said property be adjudged, decreed and con- demned as forfeited to the use of the United States, and for such other relief as mav be proper in the prennses. Dated M. D. BALL, United States District Attorney for the District of Alaska, by A. K. Delaney, Sjiecial Asst. 30 Atty. for U. S. (Endorsed)— No. so. — United States District Court, Dis- trict of Alaska. — The United States vs. Steam Schooner Grace. — Libel of Information.— Filed Sept. 13, 1S87.— H. E. Haydon, Clerk.— By A. A. Meyer, Deputy Clerk. 40 List of Persons Composin'g the Crew of the Ste.am SCHOONF.R "Gr.\CE'' OF ViCTORI.V, B. C, AVHERKOF Wm. Petit is Master, bound for N. P. Ucean and Behring Sea. 174 (Exhibit No. C)S.) Aud afterwards, to wit, on October 11, lh87, the follow- ing further proceedings were had and ajipear of record in said ca^se, which are in words and iignres following, to wit: In the United States District Court, District of Alaska. United States } lo vs. [■ No. iSd. Decree. Steam Schooner 'Grace." ) This cause coming on to be beard this 1 1th day of Octo- ber, lss7. The Marshal having returned on the monition issued to him ill the above-entitled cause tliat in obedience thereto be bad attached the steam schooner " (irace," her tackle, apparel, boats, cargo and seven bundred aud sixty-nine (7<'>!h fur seal skius. furniture aud engines and machinery 2oaud lias given due notice toall persons claiming the same to ajipcar before this court oil tbe :{rd day of October. iss7, at 10 o'clock, .\. M., at tbe District Court of Alaska, United States of America, then and there to interpose their claims and make their allegations in that bebalf, and T. H. Cooper having beietofore tiled bis claim as tbe owner of all said property, and no other person having appeared aud no other claim baving been filed by or for any otlit'i' person and tlie said claimant having tiled a demur- rer to tbe libel of information bei'eiii and also a stipula- 3otioii admitting t! limited and prescribed by law and the rules of the Court, tbe usual writ of VeiiditioHi Exponas be issued to the Marshal commaiuling bim to sell all the proi)erty, the said steam schooner " Grace" to be sold at Port Ttiwnsend or some other point on Puget Sound in 6o Washington Territory and after ninety days' notice of said sale. 4th. That the proceedings of the sale of said property be lirought into this Court to be deposited subject to its order aud to be distributed according to law. 175 (Exhibit No. (!S.) Tiiat the costs herein be taxed and awarded against the said claimant. Dated October 11, issT. (Signed.) LA FAYETTE DAWSON, District Judge. (Endorsed) —United States vs. Steam Schooner "Grace." —Decree. — Filed, October 11, lss7._H. E. Haydon, 10 Clerk. In the United States District Court, District of Alaska. United States ) »t ,.,, ,,r •■ e r^ ,-, • ' No. so. u rit of I cndifioni Steam Schooner "Grace." \ ^-*P""f'«- The President of the United States of America, to the Marshal of the District of Alaska, greeting: Whereas, a libel hath been tiled in the Distiit't Court of the United States for the District of Alaska, on the i:5th day of Se|iteniber. in the year of our Lord one thousand 20 eight 'lundred and eighty-seven, by M. I). BiiU, United States Distiict Attoiney, iigainst the Steatn Schooner "Gracf>," her tackle, ajipart'l, engines and machinery, furniture and cargo, civil aiid maritime, for the reasons and causes in said libel mentioned, and praying the usual j>ro('essand monition of the said Court in that l)ehnlf to be made, and that all persons interested in the .said steam schooner, hei' tackle, ai)parel, engines and machinery, fur- niture and cargo, may be cited in general a.id special to answer tlie premises nnd all jiioceedings being had the jOsaid steam schr.. her tackle, etc.. may for the causes in tiic said lil)el mentioned be condemed as forfeited to the use of tlie United States, and praying that the same may he condemned and sold to answer the prayer of the said lihellnnt. and whereas the said steam scliooner and cargo have been attached by the process issued out of the said District Court in pursuance of the said libel and are now in custody by virtue thereof and such proceedings liave been thereupon had that a (lefinit(> sentence and !* fur .seal skins to I)" sold by you the said Marshal, at Sitka, in the District of Alaska, after giving at least thirty days notice and the said steam schooner " ({race." her tackle, apparel, engines and machinery and furniture, are to be sold by you the said Marshal, at Port Towiiseiid or some other point on Puget Sound, in Washington Territory, after ninety days notice of said sale, and that you pay the 50 proceeds of such sale to the clerk of this Court, as re- quired by law. Now therefore you will execute said decree and oi-der and return this writ and report the manner in which you have executed this order to the Court. Witness the Honorable La Fayette Dawson, Judge of said Court, at the City of Sitka, in the District of Alaska, this lOtb day of Feiiruary in the year of our Lord one thousand eight hundred and eighty eight, and of our inde- pendence the one hundred and thirteenth. 60 H. E. HAYDON, Clerk U. S. District Court. (Endorsed)- No. 8(».— In the District Court, Judicial Dis- trict, holding terms at Sitka.— United States vs. steam schooner "Grace." — Writ of Venditioni hhponas. — Filed this 24th day of Apr., 1889.— H. E. Haydon, Clerk. i ' 170 (Exhibit No. fiS.) In the United States Distiict Court, District of Alaska. Unitetmates i j^.^ g„ Wv\t of Venchfionl Steam Schooner "Grace." ( Exponas. The President of tlie United States of America, to the Marshal of the District of Alaska, greeting: Whereas, a libel hath been filed in the District Court of '°the United States for the District of Alaska, on the 18th day of Se])tend)er, in the year of our Lord one thousand eight liundred and eighty-seven, by M. D. Ball, United States District Attorney against the steam schoonei' " Gince," her tackle, apparel, engines and machintMy, furniture and cargo, civil and maritime, foi- the reasons and causes in said libel mentioned, and ])raying the usual process and monition of the said court in that behalf to be made, and that all persons interested in the said steam schooner-, her tackle, a])parel. enginesand macliinery. fur- ~°nituie and cargo may lie cited in general and special to answer the premises and all i)i'oceedings being had the said steam schooner, her tackle, &c., may for the causes in the said libel mentioned be condemned as forfeited to the use of the United States, and praying that the same may be condemned and sold to answer tlie prayer of the said libelant, and whereas the .^aid steam scluioiier and cargo liave been attaclied by the process i.ssued out of the said District Court in pursuance of the said lii)el and are now in custody by virtue thereof, and such proceedings 3° have been tliereuf)on had that liy a definite sentence and decree of said court made and pronounced on the 11th day of October. l!S87, and an oider of sale of the said cf)urt in this cause made on the Hth day of FeliruaiT, 1S,«S, the cargo of scliooner consisting of 7tii» fur seal skins to be sold by you, the said Marshal, at Sitka, in the District of Alaska, after giving at least thirty days notice, and the said steam schooner " Grace, " her tackle, apnarel, enginesand machinery and fuiiiiture, are to be sold oy you the said Marshall, at. Port 4°Tov.nsend, or some other point on Puget Sound in Wash- ington Teiiiti ry, after ninety days notice oi said sale, and that you pay the proceeds of such sale to the Clerk of this Court as required by law. Now, therefore, you will execute said decree and order and return this writ and report the manner in which you have executed this order to the Court. Witness the Honorable LaFayette Dawson, Judge of said Comt, at the City of Sitka, in the District of Alaska, this loth day of February, in the year of our Lord one 5° thousand eight hundred and eighty-eight, and of our inde- pendence the one hundred and thn-teenth. H. E. HAYDON. Clerk U. S. District Court. (Endorsed )— No. SO. — In the District Court.— Judicial District, holding tei-ms at Sitka. — United States vs. Steam Schooner "Grace" — Writ of Venditioni Eie- pojms.— Filed this 8th day of May, 1889. -H.E. Haydon, Clerk. 6o The following portions of the proceedings against the " tirace" were not offered as part of Exhibit 68 (G. B.), printed above, and under the rights reserved for that pur- pose by the counsel for the United States have been spe- cified by them as a separate (U. S.) exhibit to be printed in connection therewith. 1( ii4 [U. S. Exl.ihil '•(■•."; SUPPLEMENTAL (U. S.) EXHIBIT " C." Rktuhx on Whit ok Vioxditiom Exponas. Thk Unitkd Statks of Amkiuca, / . . District of Wasliingtou Teiritorv, ) ^^ " I, T. J. Hamilton, United States Marslial for tlie Dis- trict of Washington Territory, do iu'rel>v certify tliat tiie annexed wi'it of \'eii(lil/(>ii/ Kr/xDuis No. Mii, issued out '°of the U.S. District Court of Alasith day of March, issy; and I did on the 2t!th da> of March, 1889, at Port Townsend, offer for sale and did sell at puh- lie auction said steam schooner "Grace,"' her tackle, ap- parel, engines and machinery and furniture to Carrmgton & Lowe for ?^],f)-2r), cash in hand, they being the highest and best bidders for same. I now make return of said writ to the snid Court, with my report of the manner in which I have executed the "^^same, and ])ay into the Clerk of said Court the proceeds of such sale, after deducting the costs and fees of said sale as follows, to wit: Costs. Towing, mooring and docking by L. B. Hastings, owner Str. "Enterprise." Voucher No. 1 - - $-tO On W& 'fage, J. A. Kuhn, voucher No. 2 20 oo Marshal's com. on proceeds of sale. 11,525.00, 1% on 1st. !?i)O0.0o, l,r?, on balance 2o ::T) 5° Amount returned into Court . 1,444 75 81,52;") 00 In witness whereof I have hereunto set my hand this 6th day of April, lS8(t, at Seattle in the Territory of Washington. BARTON ATKINS. U. S. Marshal U^r Alaska. By T. J. HAMILT'XN, U. S. Marshal for Waslungton Territory "° and Deputy. (Endorsed)— No. 80.— In the U. S. District Court, is and for the District of Alaska. — The United States vs. Steam Schooner " Grace."— Writ, t>f \\itfHHo)ii Ex- ponas.— Returned and filed April 24th, ls^y.— 11. E. Haydon, Clerk. jlpR vm : .■,:i .■ 178 (U. S. Exhibit "C") United States of America, In account with Commercial Wharf, Dr. I88y. March 20. To berths at said wharf for schooners "Grace," " Dolphin. " Ada," and "Anna Hecii." for 1") days, from September 7th to 2 1st, inchisive, 10 and March -Jtitli. iss'.t, at !?40.oo per mtli 820 00 Received pavinentof T. J. ?familton. Port Townsend, W. T., March L'Tth, issit. J. A KUHN. Owner of said wharf. 1. Hastincjs Steamboat Company. Port Townsend, W. T.. :Marcli 2s, ISS!). United States to .steanifn' " Enterprise, Dr. 2o l.s^s. Sept. •JO. To towinji' schooner "(Jrace" from Conuneicial ilock, i'ort Townsend, to iiead of I'ort Townsend Bay, and niooring _-. $20 00 Mill. 20. 'i'o towing schooner '■ (irace'" from licad of I'oft 'i'ownsend Bay and tlockinj;- at Conuncrcial wharf, Port TownsiMid - 20 oo 30 s4(» 00 Heceivtd from l'. S, Marsl il T. .J. Hamilton the sum of fortv if<- 'i.iini in full for abcvc amount. L. B. HASTlNdS. ( )wner Sti'. " Enterprise." Marsshai/s h'ETL'iiN (IN WinT oi' N'KMimoM Exponas. United States r.s. Schooner "Cirace." Iveccived tlie within writ of n-mJUioiii ccpoitas on the 4010th ilay of Fcliriiary. A. D. Isss, and in accordance with the connnand tlierejn, I did sell \\w. carj;'o then^in men- tioned at Sitka. Alaska, on tiie lutli day of April, ls^>^, consisting; of seven Inmdred and sixty-nine fur sealskins for the sum of two thousand five iunidred and thirty- fieven and y„",y (82.r);57.7o) dollars to J. I). Warren after giving thirty days notice of said sale. Tho purchaser being the higiu'si, and best bidder at said sale; also a num- ber of gunsfor tiie sum oi' r.iiiety-one and ,''„"„ (>^!M. ;">(») dol- lar:, making .a tot.al of two iIk r. and six hundred twenty- 50 nine and ,2,,",, (!s2,(;21i.20i dollais, which I jiaid to the Clerk of the U. S Court on the 2:U"t day of A\)\i\, Isss, as com- manded by said writ. At sales subsecpient to April lit, is.sH, I realized one Innidred thirty five and ,V(t (*l'i."<.27) dollars on guns, amnumition, etc, which 1 now return into Court as com- manded l)y.said writ. 1 further certify that, as commanded by the within writ. I caused the said schooner "(irace." with her tackle, etc., to betaken to Port Townsend, in the Terri- 6otory of Washington, on thj I!»tb day of July, 18S8, and there advertised the same for sale, as commanded by said writ. On the Isth day of August, 1S88, I received the following dispatch from the Department of Justice, to wit; " Postpone sale of condenmed schooners, and await further instructions by mail," and on the 6th day of Sep- 17!> (Exhibit No. W».) teniber, ISHS, I received fuither instiiictions from the De- partment of Justice for me to return to my District, and to deputize T- J. Hamilton, L'. S. Marsiiai" for Washing- ton Territory, and transfer custody of said schooners to him. with full power t(t act. In accordance with said directions I did, on the 7th dav of September, isss, appoint the said T. J. Hamilton, Deputy IJ. S. Marshal for the loDistiict of Alaska, and did transfer to him full custody of said scliooner, tojjether with the ()ri^;inal writ of vciidi- f/'diii e.rpoiias, in this case, with instructions to report to tile Honoralile District Court of Alaska such furtiier pro cecdings as siiould be had herein. BAh'TON ATKINS, L'. S. Marshal for District of Alaska. Claims Nob. 6, 7, 9, 10 (Continued). ^° EXHIBIT No. 69 (G, B.), CLAIMS Nos. 6, 7, 9 and 10. Gk.NKUAI. I'dWKK OK A'VTOHXKV !• lioM T. H. CoOl'KU TO J. D. Waukkn, ..atkd Novkmbeh 4th, Issg. Know all men by these ))resents that I. Thomas Heiiry {'oii|icr of San Francisco, California Cnited Stat'', of America Engineer, for divers good causes and consiilera- tions, nie thcremito moving have nominated, constituted and appointed, fuid by these presents do make, nominate, constitute and appoint James Douglas Warren of the City 3°of Vjctoiia Ibitish Columbia Master- Mariuei', my true and lawful attorney for- me and in my nanre and on mv behalf and foi' my sole aral exclusive use and benefit to denraud, I'ecovei' and receive from all and ever'V or' any jjcrsoir or' ))eisons wjiorrrsoi'ver all and every sum and surirs of money, goods, chattels, effects and things whatsoever which now are or- is. or- which shall or' may hereafter' a|)- pear' to be dire, ouing. payable or' b"longirrg to rrre whether t'oi' rent or arrear's of rent oi- otherwise irr respect of my real estate, or' for tiie prirrcipal money and inter'est now 4° or hereafter to become payable to rrre ,rpori or- in resjrect of arry .Mortgage or' other' secirrity, or- for- the iirt(,>r'est (IV dividerrds to accrue or' becoirre payable to rrre for or' rri respect of rrrry shares, stock or' iirterest wirich I rrray now or' hereafter- hold iir airy Joirrt Stock or Incorporated Coirrpany or' Companies, or- fur' any rrroneys or securities for money wiiich me now or hereafter may be !>.) And also, for me and in my namo, or otherwise, and on my behalf, to enter into any aereement or arrangenu-nt with every or any [)erson to whom 1 am or shall lie in- debted touching the payment or satisfaction of his de- mand, or any part thereof; and generally to act in relation to my estate and effects, real and |)ers()nal, as fully and effectually, in all respects, as I myself could do if person- 10 ally present; it being hereby expressly declared that all the powers aforesaid may be exercised only in respect of my real and personal property situate anil being within the Dominion of Canada and not otherwise or elsewhere. And I hereby grant full power to my said attorney to substitute and appoint one or more attorney or attorneys under him with the same or more limited powers, and such substitute or substitutes at ])leasure to remove and others to appoint. 1, the said Thomas Heniy Cooper, heieby agreeing and covenanting for myself, 20 my heirs, executors and administrators, to allow, ratify and confirm Avhatsoever he, the said attorney or his sub- stitute or substitutes shall do or cause to be done in the premises by virtue of tbess? presents, including in such confirmation whatsoever shall be done between the time of my decease or of the revocation of these presents, and the time of such decease or revocation becoming known to said attorney, or such substitute or substitutes. As witness my hand and seal this fourth day of Novem- ber, in the year of our Lord one thousand eight hundred 3oand eighty-six. T. H. COOPER. [SEAL.] Signed, sealed and delivered by the said Thomas Hexky Cooper in the presence of EDWIN FRETVVELLand JAMES L. KING, Notary Public. I hereby certify that Thomas Henry Cooper, personally known to me, appeared before me and acknowledged to me that he is the person mentioned in the annexed instru- 40ment as the maker thereof, and whose name is signed thereto as party; that he knows the contents thereof, and that he executed the same voluntarily. In testimony whereof I have hereunto set my hand and seal of office at San Francisco, Cal., CJ. S. A., this fouith day of November, in the year of our Lord one thousand eight hundred and eighty-six. JAMES L. KING. [notarial seal.] Notary Public. A Notary Public in and for the City and 50 County of San Francisco, State of California. Her Bkitannic Majesty's Consulate, San Francisco. To all to whom these presents shall come, I, Charles Mason, her Britannic Majesty's Acting Consul for the States of California, Oregon and Nevada, and for the Ter- ritories of Washington, Idaho, Utah and Arizona, residing in San Francisco, do hereby certify that James L. King, before whom the annexed instrument was executed, is a 60 Notary Public duly commissioned and practicing in this City and County of San Francisco, to whose acts full faith and credit can be given, both in judicature and thereout. In testimony whereof, I have hereunto set my hand and Seal of Office.in San Francisco, the fourth day of Novem- ber, A. D. One Thousand Eight Hundi-ed and Eighty-six. CHARLES MASON, [seal.] H. B. M. Acting Consul. i'i 182 (Exliiliit No. 7. U. S.) United States Exhibit. EXHIBIT NO. 7 (U. S.) CLAIMS NOS 6, 7. 9. 10. STATKMKNT ok DkKKNSK ok J. BOSC'OWITZ, IN I'HINTED WeCOHI> on Al'l'KAl,. Si I'ltKMK COUKT OK MUITIHII Coi.LMHiA. IN SriT 15kt\vk,kn IIannah VVakkkn ct (i/s. AND JosKi'ii HoHConiTZ et !gation in the Statement of Claim, and that the defendant, Joseph Boscowitz, claims 40 the same benefit as if he had denmrred to the Statement of Claim. Claim No. 11, "Ada." EXHIBIT No. 70 (G. B.), CLAIM No. 11. Transcript of Register, Scliooner " Ada." Dated March 'j;^, isitH. 50 By order of the Commissioners on cimsent of Counsel this Exhibit is not printed. EXHIBIT No. 71 (Q. B.), CLAIM No. 11. Bill of Sale, Ship •Ada." (The description of the vessel in this instrument is omitted hy consent of counsel). I, Frederick Ellwood White of No. H8 Yokohama, Japan. °in consideration of the sum of Thirteen hundred and thirty-three I{;{/10(> dollars paid to me by James Joseph (Jray, Ship Owner of No. -2-i Bluff Settlement, Yokohania, Japan, the receipt whereof is herel)y ackuowleged, transfer Twenty-one sixty-fourths shares in the ship above par- ticularly described, and in her boats, guns, amnumition, IMAGE EVALUATION TEST TARGET (MT-3) "/ ^ // ^^!^ 1.0 1.1 125 iai2.« Sf U£ 12.0 u 1^ UA Ih Wa^ IJ-^ mil I. s ^ ^Vv HiotogFaphic .Sciences Corporation 4^ V -«v. % o ^^v 23 WIST MAIN STRUT WIBSTIR.N.Y. 14SM (716) •72-4503 % \ m r5.»)9 F. E. WHITE. H. Mac Arthur «& Co., 70 Yokohan)a. .Q Balance 1/3 outfit ' ' Ada, " $05 1!> Int. on purchase 27 30 Coal a/c 7 75 H. M. Co. on a/c 75 00 Cheoue.. 124 70 $300 00 By cneque from White a/c "Ada," 3ou Yokohama, April 5/S«t. 50 J. J. Gray, Esq., Dr. to F. E. White. To interest due on $1,333 33/100 from Jan'y. 12 to April 5/80, being 83 days at i*% p. an- num $27 30 Paid F. E. WHITE. 60 Mrs. A. S. Gray, Yokohama, 11/9. 1880. Atty. for J. J. Gray, Dr. to II. MacArtiiuu&Co. For fee attending Ship's business $150 as p. agreement $75 (mi Rec'd on a/c. H. MacArthur. 186 (Exhibit No. 74.) Claim Ho. 4, " Favonrite." EXHIBIT No. 74 (0. B.), CLAIM No. 4. TRANSCRIPT OF REGISTER FOR TRANSMISSION TO CHIEF REGISTRAR OF SHIPPING. lo 20 30 Official Number of Ship. 61802. Name of Ship. " FaTourila." No., Date and Part of RMriitry. June, 1888. Victoria, 6. C. Whether Britlah or Foreign Built Whether a Sailing or Steam Ship ; and if a Steam Sliip, how pro- pelled. Where Built. When Built. Namt; and Ad- dress of Build- ers. British. Sailing. Sooke, B. C. April 28, I8«8. Smith Burr, of Sooke. Number of Oeclia . One. Number of MibU . .Two. Rigged Scho Shares held by eaeli, vlt.: ) ilroii McKat, of Virtiiria, British Oiiiumbia, Shipmaster, Sixty-lour (64) Slinres. 60 Dated the isth day of June, 18fi8. Registrar, W. HAMLEY. 187 (Exhibit No. 74.) Copy Transactions Subsequrnt to Registry, for Transmission to Registrar- Obneral of Shipping and Seamen. Number of Name of Person Nnmber Date of Registry. Nature and date of Name of transferee, TriDsacUont, from whom title of shares transaction. mortgagee, or Is derived. 1 1 affected. other person ae- qnirlng title or power. 10 , Hugh McKay. t 48 Juni> 18th, 1868, Miirtgaga for |t6.- UOO with interest William Spring of 18th June, , 8.4n P. M. Victoria. B. C. 16(18. 8.4B at 12",^ per an- Shipowner. r. M. 1 . num, dated June 18lh, 1868. 2 William Spring. 48 September 22nd, 18711. 4 p. M. Discharge of Mort< gage (or $!i,(m) ami interest. Ke- ceipt dated Sep- 20 1 i ttnibpr 22nd, 1875. 8 Hugh McKay. 48 September 22nd, Bill of Sale dated William Spring of Victoria, Mariner; 1876, 4 P.M. September 22n(i, 1876. Peter Francis of Victoria, Mariner; each 21 shares. 4 Hugh McKay. SI Jane l»th, 1878, Bill of Sale dated William Spring of 3" 12 p. H. 18tbdayof June, 1878. Victoria. B. C, Mariner. 6 William Spring. 48 January SBtli, William Spring dies on the 28th William Thomas 1888. 12.10 p. M. Livocb, James March. IM84, Hill Uwson. • Will dated 81st December, I8B11. appointed Wil- liam Thomas Li- voch, James Hill Lawnon and Charles Spring, joint owners, all of the City of Victoria. B. C, Merchants. 40 Charles Spring, his executors. Will pnived and probate granted by Supreme Court of B. C. on April 1st, 1884. s ' William Thomas 48 1 January 2Sth, Bill of Sale dated 1 Lsughlin McLean, of Victoria, B. C. I LiToch, James 1888, 12.15 p. M. January 2ntli, 1 Hill LawBon, ^ 1888. Master Mariner. Charles Spring, • 50 . joint owners. 1 7 Peter Francis. 21 January 26th, ! Bill of Sale dated Cliarles Spring, of 1 Victoria, B. ('. 1888, 12.20 P.M. December 10, 1884. I Trader. 1 8 Laugliliii McLean. 48 January 25, 1888, Bill of Sale dated i Charles Spring, of 12.20 P.M. January 20tli, 1888. Victoria, B. C. Trader. ■'0 9 1 Charles Spring. 64 January S6tli, ' Mortgage dated Joseph Despard 1888, 10 a.m. \ January Zlnt. 1888, fur (11,500) Fifteen hundred dollars, with in- terent ot 18%per annum. I'enibetton.of i Victoria, B. C. Farmer. 188 (Exiibits Nos. 75, 76, and 8 and », U. S.) 10 20 Number of Tmnsactiona. Nanio of Person from whnni title is ilerived. NnnilH-r of shares affected. Date of Registry, Nature and date of transaction. Name of tranif>'i mortgagee, other person quiring titli' power. 10 Ji>se|ili Despard Peinberton. M October ISIh, 18R8. 1.80 r. M. Discharge of Mort- gage B, for 1 1 ,5|>elUng power ( *ii ncciiiint ol s|>aces occu- pied by Seamen or Ap- preiitii-es, and appropriated to their iim', anil kept free from goo Shares lield by each, vie:— ) William Black Kyle, Victoria. B. C. Bookkeeper, Sixty-four (At) shares. 60 Dated Victoria, B. C, March 8th, 1878. Registrar, W. HAMLEY. f^ 190 (Exhibit No. 77.) Copy Transactions Subsequknt to Registry for Transmission to Regis- trar-Oeneral of Shipping and Seamen. Namber of TraMMtloni. ID 20 30 40 50 Name of pernon from whom Tide l§ derived. Number of 8liar«i affrctrd. Date nf RfKiitry. Nature and date nf transaction. Nniiif, Realdenre and Occu|>atioi. of Traniferec, Mort- gigot or other Pe,*- ion acquiring Title or Power. William B. Kjle. 64 May 9th, 1878. mil of Sale dated 91 h May, 1878. Wm. John Sutton. tl4 November IIl/7». 1 !■ M. Bill of Sale dated I lib November, 1879. Alex. Toung Court. 82 January 8th, 1880, S.20 p. u. Mortgage A,, for *fl50.00, with in- lcre>l. 9/80. Alex. Young Court. Hi Mnrcli 30, 1880, l.ns p. M. Bill of Sale dated V9ih March, 1880. John Kirk Green- wood of Victoria, B. C, Mariner. John Kirk Green- i 32 wood. John Kirk Green- wood. 32 Dec. 12th, at 3.40 p. Dec. 12lli, 1883, at 3.40 p. M. Bill of Sale dated l>ec. 12th, 1883. Bill of Sale dated Dec. 12th, 1883. Ilichnrd tiall, Jr., and William John Joseph, both of Victoria, B. C, I'omniisgion Mer- cliantii. " Uichard Hall, Jr. 11 March 31, 188R, at 12 noon. Bill of Sale 'on ol Vieloria, H. C, (ieiitleinan. linns Ilelgenen of Victoria, B. C. Guiitlenian. Hans llelgcnen of Victoria, B. C. Gentleman. 101 (Exhibits Nos. 78 and 79) Number ot Traniactloni. Name iif |i«r8iin from whom Title la derived. Nunilivr of Share* affected. Dale of Regiilry. Nature and date of transaotlon. Name, Reeldence and Occupation of Transferee, Mort- Kagee or other Per- son acquiring Title or Power. 10 IS ChariM Rj^.j g^g vs y <>20 fur seal Skins, i ^" '^^ Revised Statutes— Sec. ly.'irt. To the Honorable John II. Keatiey, Judge of the United States District Court, for tlie District of Alaska: The libel of information of Whit. M. Grant. Attorney of the United States for the District of Alaska, who prose- cutes on behalf of the United States, and Iwing present in Court ill his proper per.son, in the name and on behalf of the said United Statta against the «)20 fur son\ skins, and against all persons intervening for their interest therein in a cause of forfeiture, alleges and informs as follows: th- in (Exhibit No. 79.) That L. U. Shepard nn agent of the Traasury Depart- ment of the United States on duty in the watera of Ihe District of Alaska, heretofore and on or about the SOth day of July, in the year of our Lord, One thousand eight hundrpd and eighty-nine, nt or near I^t. N. 55.42 N., Longitude 170.40 w. in Behring Bea and within the Dis- trict of Alaska, and within the jurisdiction of this Court, icon waters navigable from the sea by vessels of ten (10) or more tons burden, seized the 020 fur seal skins on board the British Schr. " Juanita" being the property of some person or persons to the said Attorney unknown, as for- feited to the United States for the following among other causes: That the said vessel is owned by a citizen or citizens of Biitish Columbia, and had on board the fur seal skins aToresaid, said seals having Iwen taken by the crew of said vessel within the limits of the District of Alaska, and the 20 waters thereof, that the fur seal is naturally a water animal whose winter abode is unknown, that they are timid and are liable to be driven from native haunts by shooting or other unusual noises or disturbam^es; that they appeur in the waters of Bithring Sea and w itbin the District of Alaska, especially about St. Paul and St. Oeorges Islands, and produce their young and nurse them, and they are nurtured and always return to said islands and waters as their home; that in the water the sexes can not be distinguished, and many thus killed are 30 lost; that their commercial value is conflned to those from one to five yeai-s old; that their product is of gi eat com- mercial value, useful and necessary to the comfort and enjoyment of mankind; that seals are naturally defence- less, and if permitted to be indiscriminately killed will {«oon become extinct, and the supply exhausted, and the said attorney saith, that all and singular the premises are and were true and within the admiralty and maritime jurisdiction of the United States, and of this Honorable Court, and that by reason thereof, and by force of the 4oStatutesuf the United State^- is in such cases made and provided, the aforementioned and described G20 fur seal skins, become and are forfeited to the use of the said United States of America. Whei-efore, the said attorney prays that the usual process and monition of this Honor- able Court issue in this behalf, and that all persons in- terested in the aforementioned fur seal skins may be cited in general and special to answer the premises, and all due proceedings being had, that the said 620 fur seal skins, &c., may, for the causes aforesaid, and others ap- 50 pearing, be condemned to the use of the United States of America, according to the form of the Statutes of the United States, in such cases made and provided. WHIT. M. (JRANT, U. S. Atty. for District of Alaska. (Endorsed)— No. 206.— The United States vs. Libel of In- formation.— Filed Sept. 14, 1881).— Let the monition issue returnable on the 28th day of Sept., 1889, with no publication in the newspapers.— John H. Keatley, . Judge Dist. Court. 198 (Exhibit No. 7D.) Be it further remembered that on the lt(th «lay of Sep- tember, IHHV, a iiionitioii was July issued in Huid cause, which is in words and Azures followinK. to-wit: In the United States District Court in and for tlie Dis- trict of Alaska. The President of the United States of AnnM'ica, to the Marshal of the District of Alaska, Orcetint;: 10 Whereas, a libel of information hath b»'«'n tiled in the District Court of the Unit«'d States for the District of Alaska, on the !4th day of Septenilx'r in the year 1MH1», bv Whit. M. Grant. Unit«Ml States Attorney lor the District aforesaid, on l)ebalf lialf to bt' matle, and that all persons interested in said seal skins -<> may be cited ni general and special to answer the j>reini8es, and all proceedings being had, that the said h«>al skins mav for the causes in the said libel of information mentioned, be condcnuied as forfeited to the use of the United States. Vou are therefore hereby commanded to attach the said seal skins to detain the same in your custody until the fiu'ther order of the Court respiecting the same, and to give notice to all persons claiming the same, or knowing or having .-inything to say why the same should not be con- tlfmned and sold ))ursuant to the prayer of the said libel 30 of information, that they be and appeju- l)efore the said Court to be held in and for the I)istrict of Alaska, on Saturday the 2Sth day of September, lMSi», at ten o'clock in the forenoon of the same day, if the same shall be a day of juri.stliction, otherwise on the next day of jurisdiction thereafter, then and there to interpose a claim for the same and to make their allegations in tlrdt behalf, and what you shall have done in the premises do yon then and there make returns thereof, toyiethei- with this writ. Witness: Tlu' Honorable John H. Keatley, .Judge of said 40 Court and the seal of the said Court thereof affixed at the town of Sitka, in the District of Alaska, the l»!th day of September, in the year of our Lord one tboU). — In the U. S. Dist. Court, District of ' Alaska. — The United States rs. ti^o fur seal skins. — Monition. -Returned and filed Sept. 2.sih, issi». — H. E. Haydon, Clerk. Dist. of Alaska, ss. : I hereby certify and return that this writ came into my bands 20 fnr seal skins therein mention<-'d are in the hands of my deputy, W. B. Antbonv, at Onnalaska. BARTON ATKINS, U. S. Marshal. Dated, Sitka, Alaska, Sept. 27, 188{». 11)4 (Exhibit No. 70.) Proof or I'cblicatiok. United States, District of Alaska, ss. : Maurice E. Kenealey, l)einf{ duly sworn says that he is the publiHher of the Alaskan a weekly newspaper printed and published in the town of Sitka, and of general circula- tion in said District. ,Q That the monition of which the annexed is a printed copy, wa8 published in said newspaper on the 2l8t day of Septeml>er A. D. 1SS9. MAURICE E. KENEALY. Subscribed ard sworn bef.)re me this 27th day of Sep- tember, iW«t>. H. E. HAYDON, [L. 8. J Clerk. And afterwards to wit: On September 2H the follow- ing fuither prm-eedings were had in said cause and ap- 20 pear of record, which are in words and figures following, to wit: At a Stated Term of the District Court of the United States, in and for the District of Alaska, held at Sitka, in said District, on the 2Sth of September, 1880. Present— Hon. John H. Keatinq, District Judge. The United States ) vs. \ No. 20n. Decree. 30rt20 Fur Seal Skins. ) This cause came on to Imj heard on motion of Whit M. Grant, United States District Attorney, and it appearing to the Court that the libel of information includes ♦!2(> fur seal skins, and the evidence shows but till) were seized, the action is dismissed as to the said difference of one skin. And it appearing further that the monition had been issued herein and the Marshal has returned thereon that he had attached t' o said 010 fur seal skins and given due notice as required »y law, that all persons claiming 4° the same should appear before this Court at 10 o'clock A. M. this 28th day of September. 1880. at Sitka, and then and there interpose then* claims and make their allega- tions in that behalf, and at said time and date procla- mation was duly made as recjuired by law. and no claim having been interposed, appearance entered, or defence filed, it is therefore ordered that all persons interested in said (>10 fur seal skins be adjudged in contumacy and default, and the libel of information adjudged and taken pro confesso. 5° And said cause having been submitted to the Court upon the pleadings and evidence, and the Court lieing fully advised in the premises and having filed his findings of fact and conclusions of law herein. It is therefore ordered, sentenced, and decreed by the Court that said tilO fur seal skins be and the same are, for the reasons set forth in the libel of information herein, condemned as forfeited to the use of the United States. And it is further ordered that the Clerk of this Court ^^ issue to till' Mai-shal of this District the usual writ of ven- ^ilitioiii e.rpinias commanding him to cause the said tUO fur seal skins to be transferred from Ounalaska to San Francisco, California, and there to sell the same, and that he give at least ten (lOj days' notice of the time and place of such sale, and to pay the proceeds into Court to be dis- posed of according to law. (CxhiWt No. 79.) The Marshal in ordered to keep a Heparate and detailed account of all the cx[ienH(>H cnnnoctod with th« Haid prop- erty, and whero the expense is connected with other like property he will apportion the same and charge the ahove projwrty with its share thereof separately, and report the same to this Court, with his report of said sale. JOHN H. KEATLEY, lo JudKe Dist. Court. (Endorsed)— No. 20«. -The United States rs. 620 fur seal skins.— Decree.— Filed Sept. 2Hth, 1Sh».— H. E. Hay- don, Clerk. 20 And afterwards, tt)-wit, on Octoher 7th, 1SH1>, a writ of venditinni cr/uninM was issued, which with the Marshal's ivturn is in words and figures following, to-wit: In the United States District Court in and for the Dis- trict of Alaska. United States vs. 010 Fur Seal Skins. No. 2(»«, Writ of Exponas. Venditioni The President «)f the United States of America, tn the Marshal of the District of Alaska, Greeting: Whereas a libel hath teen Hied in the Districi Court of the United States for the District of Alask". m tlu 14th day of September A. D. 1889, by Whit M. tJiant, Uuited •^tift 8 District Attorney, !:^ainst 610 fur seal skins, tor the 30 reasons and causes in' said libel mentioned, and put \Mng the usual process and monition of the said cuiirt in that behalf to he made and that all | c>rsons inteiestiMl in the said 610 fur seal skins, may he cited in general and spncial to answer the |)remises, and all proceedings being bad that the said (UO fur seal skins, may for the causes in the said libel mentioned be condemned as forfeit»;d to the use of the United States, and praying that the .same may be condemned and sold to answer the prayer of the said libel- ants, and whereas the said 610 fur seal skins have been 40 attached by the process issued nut of the .said District Court in pursuance of the said lihel and are now incus- tody, by virtue thereof and such proceedings have been thereupon had that by a definite sentence and decree of said Court made and pronounced on the 28th day of Sep- tember, 1880, that the said 61!) fur seal skins to be trans- ferred to San Francisco, California, and there to be sold, That you give at least 10 days notice of the time and place of such sales, andvtbat you pay the proceeds of such sales to the Clerk of this Court as required by law. 50 Now therefore you will execute said decree and return this writ and report the manner in which you have exe- cuted this order to this Court. Witness, the Honorable John H. Keatley, Judge of said Court at the town of Sitka, in the District of Alaska, this 7th. day of October in the year of our Lord one thousand eight hundred and eighty nine, and of our independence the one hundred and fourteenth. H. E HAYDON, I 'erk U. S. Dist. Court. 60 (Endorsed)— No. 206.— U. S. Dist. Court, Dist. of Alaska. —United States vs. 610 Fur seal skins. - Writ of Ven- ditioni A'rpoxas. — Returned and filed. — Sept. 27, 1800. — N. R. Peckinpaugh, Clerk. nrr- 196 10 (Exhibit No. 7!».) The following portion of the proceedings against 620 Fur Seal Skins was not offered as part of Exhibit 79 (Q. B.) printed above, and under the rights reserved for that purpose bv counsel for the United States (p. 1358, Record), have been specified by them as a separate (U. S.) exhibit to be printed in connection therewith. SUPPLEMENTAL (U. S.) EXHIBIT "D." In the United States District Court, District of Alaska. United States ^ ^^ ,,^^^. bindings of fact and conclu- 620 fur sealskins.! sions of law. This cause having been tried and submitted to the Court on the pleadings and evidence the Court finds the follow- ing fads: 1st. That on July :U. ISSO, and prior thereto the crew of tlie British Schooner " Jiiaiiita" were engaged and did kill fur seals in that portion of Hehring Sea ceded to the United States In- Russia and within the waters of tlie Dis trict of Alaska, in violation of the laws of the United States, and on said date at latitude ."»."). 42 N., longitude 170.40 \V., had on l)oard >>. JOHN H. KEATLEY, Judge of the Dist. Court. (Endorsed)— No. 206.— In theU. S. Dist. Court, District of Alaska.— The United States vs. 620 fur seal Skins. — Findings of facts and conclusions of law. — Filed Sept. 28, 1S89. H. K. Haydon, Clerk. Oo 197 (Exhibit No. 80.) Claim No. 8. "Alfred Adama." EXHIBIT No. 80 (0 B ), CLAIM No. B TRANSCRIPT OF REGISTER FOR TRANSMISSION TO CHIEF REGISTRAR OF SHIPPING. lO" Official Number of Slitp. 8844S. Name of Slii|i. " Alfred Adams," now " Lily." Nil., I>ate anil I'ort of Registry. No. I. &larch 15th, 1882. Victoria, B.C. No,, Date anil Port of |ireviiiufi Kegi»try (if any). Provisional Certificate of Uritiali Consul, U. 8. A. 20 Whether British or Foreign Uuilt. Whether a Sailine or Steam Ship; and if a Steam ship how pro- pelled. Where Built. When BiUlt Name and Address of Builders. Foreign. Sailing. Kssez, Mass.. U. S. A. 1851 Unknown, Number of Decks One Numbrr of Masts Two Rigged Schooner Stern Siiuare 30 Build Carvel Gallvries None Head Billet Framework Wood Length from fore part of stem, under the bowsprit, to the aft side of the head of the stern post Main brcsdlh to outside of plank Depth in liolil from tonnage deck to ceiling at inidsliips Depth in holil rniui upper deck to ceiling at niiil. ships, in the case of three decks ami upwards. . Length ol engine roiiiii, if any Koet. Tentlis. 71) ■21 Particulars of Tonnagk. (Jross Tonnaee. Under Tonnage Deck 40(;loiiedin spaces above the Tonnaee Deck, if any. ... Space or spaces between decks I'oop . . Forecsstia Round House Oilier closed in spaces, if any, as follows: lncln!-ure on upper deck 50. (.ross Tonnage Ilediiclions, as per Contra. . . . Registered Tonnage Deduclionfi .Mliiwcd On iiccouiit (if space required for pm- pellio}; power On iiccoiiiil iif spaces occupied by Seii- iiK'ii or Apprentici'S, and nppropii- ated til their use mid kept frcr ficiiii goods or stoi'cH (it every kinil, not being tlie pcisdiiid property of the crew v iiese spaces are the following, vi/. Total Deductions. IJo. of Tons. Names Residence, and description of the owners and Xiiiuber of Sixty-fourth Shares held by each, vii; , , " Xljan MoKav, ol the City of Victoria, Province ol British Columbia. Mariner Sixty four shares. Provisional Certificate IViun British Consul, San Francisco, L', S. A., .laiiuiiry ITlli, 18S2, Name changi'd to '■ l.ily " li.v onlir in Council, dated 2.Mb Man li.'lt<8S. iinilir Sec. ai,41». Vic. 60 Dated March 15Lh. 1882, at 1.1.5 p. m. Registrar, W H.AM LEY B'-fv 1- B ■ •' R! t 198 (Exhibit No. 80.) Copt Transactions Subsequent ik) Registry, for Transmission to Regis- trar-General OF Shipping and Seamen. m m Number of Name of Person N u m b er Date of Registry. Nature of Data of Name of Transferee, Transactions. from whom Title of shares Transaction. Mortgagee, or is derired. affected. other person ac- lO quiriog title or power. 1 Hugh McKay. 64 Ifilh Deer., 1882, Dies Uth June, Robert Paterson 12 noon. 1882. Will dated July Uth, 1879, appointing Rob- ert Paterson Rithet Exerutor. Will proved June 19th, 1882, in the Court of Probate Rithet of Victoria, B. 0., Merchant. 20 at Victoria. a Robert Paterson 64 22nd June, 1888, Bill of Sale dated William Spring of Rithet. 10 A. H. 2Sth Novr., 1882. Victoria, B. C, Master Mariner. s William Spring. 64 19th February, William Spring dies on the 26th James Hill Lawson, 1886, 8 r. u. William Tbos. March, 1884. LWock, Charles Will dated 21st Spring of Vic- December, 1880, toria, B. C, Mer- 30 appointing James Hil Lawson, William Thomaa Livock, Charlea Spring Execu- tors. Probate granted to them by Supreme Court of B. C. Ist April, 1884. chants. 40 James Hill Law- 64 19th February, Bill of Sale dated Jacob Gutman of son, William 1886, S p. M. 21st January, Victoria, B.C. Thoe. Livock, 1886. Merchant. Charles Spring. s Jacob Gutmann. 64 19th February, Mortgage dated Alexander Frank 1886, 3.06 P. M. 6th February, 1886 for i>ecur- ing $1,250.00 Twelve hundred and fifty dollars. of Victoria, B. C, Merchant. 5° Jacob Gutmann, 64 ! November 10th, Dies on or about Moritz Gutmann, of 1888, at 10.20 the Ist day of Victoria, B. C. A. M. April, 1887, in testate. Letters of Adtninialra- ti(in granted to Moritz Gutmann (if Victoria, B. C, by the Su- preme Court of liriiish Cohimbin Merchant. on the 2nd day 60 of October, 1888. 7 Morit Gutmann. 64 November 10th, Bill of Sale dated Morris Moss, of 1888, 10.20 A. M. November 10th, 1688. Victoria, B. C. Merchant. 199 (Exhibits Nos. 81 and 82.) 10 20 30 Number of Tranuctlona. Name of I'ersim from whom Title is derived. Number of shares affected. D«te of Registry. Nature and Date of Transaction. Name of Trausferac, M orteagee, or other Peraoo ac- quiring Title or Power. 8 Morris Moss. 64 November 19th, 1889, at 3.80 p. M. Bill of Sale dated Novr. 18th, 1889. Victor Jacobson, of Victoria, B. C. Master Mariner. » Victor Jaoobson. 64 November 19th, 1889, at S.85 r. u. Mortgage B, dated Novr. 18, 1889, for the sum of 98,000 (Three thousand Dol- lars). Walter Borns, of Victoria, B. C. Gentleman. 10 Walter Boms. 64 November 8th, 1890, 10 A. H. Discharge of Mort- gage U for 98,- ooo.fPO receipt dated 8th Novr., 1890. 11 Victor Jacobson. 64 November 8th, 1890, at 1.45 P.M. Bill of Sale dated 8th Novr., 1890. George Byrnes, of Victoria, B. C. Auctioneer. 12 Alexander Frauk. 64 February 9th, 1891. Discharge of Mort- gage A for (1- '280.00. Receipt datid I9lh No- vember, 1889, and order in Council autliorizing the Uischarge of mortgage A, the original having been loKt. 40 EXHIBIT No. 81 (a. B.). CLAIM No. 8. Log Book of schooner " Alfi-ed Adams " for 18S7. By order of the Commissioners, on consent of counsel, this exhibit is not printed, reference being made instead to the copy printed at page 5-13 of Vol. 2, American Re- print (p. 1986, Record). 50 60 EXHIBIT No. 82 (O. B.), CLAIM No. 8. Copy of part of Records and Proceedings in United States District Court of Alaska in case of United States vs. "Alfred Adams." In the United States District Court in and for the Dis- trict of Alaska, United States of America: To the Honorable Lafayette Dawson, Judge of said Dis- trict Coui't. The libel of information of M. D. Ball, Attorney of the United States for the District of Alaska, who prosecutes on behalf of the said United States, in the name and on behalf of the said United States alleges and informs as follows, to wit: That L. G. Shepard, an officer in the Revenue Marine Service of the United States, in command of the United States Revenue Cutter " Rush," and on special duty in the waters of the District of Alaska, heretofore to wit: On the 1MI:: y^ soo (V «• - (Exhibit No. 82.) 6th (lay of August A. D. 1887, within the limits of Alaska Territory, and in the waters thereof, and within the civil and judicial District of Alaska, to wit: Within the waters of that portion of Behring Sea belonging to the United States and said District on waters navigable from the sea by vessels of ten or more tons burden, seized the schooner "Alfred Adams," of Victoria, B. C, her tackle, apparel, ID boats, cargo and furniture, lieing the property of some person or persons unknown to said attorney. The property is more particularly described as follows, to wit: Schooner " Alfred Adams," of Victoria, B. C, of 68.75 tons burden as i)er register standing and running rigging, sails, chronometer, and nautical instruments, clock, lamps, carpets, tools, books, anchora, casks, cook- ing and table utensils, provisions, rifles, shotguns, and ammunition for the saine, and thirteen hundred and seventy-nine (I87)>) fur seal skins, and all other pi operty 2o found upon and appertinent to said schooner. That L. G. Shepard was then and there duly commis- sioned aixl authorized l»y the proper Department of the United States for the following causes: That the said vessel and her captain, officers and crew were then and theie found enjiaged in killing fur seals, within the limits of Alaska Territory, and in the said waters thereof, in viola- tion of Section !!♦;>(! of the Revised Statutes of the United S»'tes. That all the said property after being seized as afuresaid was brought into the Port of Sitka, in said Dis- jOtrict, and turned over to the United States Marshal of this District, with the exception of the said 1S»7!> fur seal skins, which later were hrought into the port of Oonalaska in said Territory and delivered into the keeping of Isaac An- deison, a deputy United States Marshal of this District, and all of said property is now within the judicial Dis- trict of Alaska, United States of America, and said M. D. Hall, attornev, as aforesaid, further informs and alleges, that on the ilth day of August, A. 1). 1HS7, W. H. Dyer and certain other itcrsoiis whose names are to the 40 said United States Attorney unknown, who were then and there engaged on board 01 said schooner *' Alfred Adams," as seamen and seal hunters, did under the direc- tions and by tlie authority of VV H Dyer, then and there master of said sf'hooner, engage in the killing and did kill in th«' Territory and District of Alaska, and in the waters thereof fifty fur seals, in violation of Section IViti] of the Revised Statutes of tlie United States, in such cases made and provided. That the said i:]T!> fur seal skins and other goods so ;o seized on board the schooner "Alfred Adams" constituted the cargo of said sc^hooner at the time of the killing of said fur seals and at the time of said seizure. And said attor- ney saith that all and singular the i)remises were and are M ue, and within the admiralty and maritime jurisdiction of the United States and of this Honorable Court, and that by reason thereof and by force of the Statutes in such cases made and |)rovided the aforementioned schooner being a vessel of (is.7."> tons burden, and her said apparel, tackle, boats, cargo and furniture become and are forfeited (,jU> the use of the said United States. Wherefore the said attoinev prays that the usual process and monition of this Ifonoralde Court issue in this behalf against said schooner, and all said hereinbefore descrihed property to enforce the lorteiture thereof, and requiring notice to bo given to all (teisons to appear and show cause, on the return day of SOI I E.\liil)i! Nn. -ii' ) snid process, why said foifiMliiie should not ho dectocd. and that after due proceedings are liad. all said property be adjud^fed decreed and condenined as forfeited to the use of the United States and f(jr such other relief as may he proper in the premises. Dated Septemher 14, issT. M. I). BAI.L. 10 United States District Attorney for the District of Alaska. By A. K. DeLANEY. Special Asst. Atty. foi' the U. S. (Endorsed) -No. !»(i. — L'nited States District Court. Dis- trict of Ahiska.-- The United States c.s. the schooner " Alfred Adams "—Lihel of Information.— Filed Sept" 14th, ls,s7.-H. E. Haydon, Clerk, i.y A. A. Meyer. Be it further lememhered that at said May term, iss7, 2oon said 14th day of Septemhei-. 1>th day of Septemher, 1S87, a monition was duly issued in said cause which is in words and figures following, to wit: 40 United States District Court foi- the District of Alaska. District of Alaska, Sect. The President of the United States of America to the Marshal of the District of Alaska, greeting: Whereas, a libel of information hath been filed in the District Court of the United States for the District of Alaska, on the Hth day of September in the year 1887, hy Hon. M. D. Ball, United States Attorney, for the District aforesaid, on behalf of the United States of America, against the schooner '* Alfred Adams," her tackle, a])parel, ' boats, cargo, and i;57!t fur st\al skins, furniture, as for- feited to the use of the United States, for the reasons set forth in said libel of information, and praying the usual process and monition of said Court in that behalf to be made, and that all perscms inteiested in the said schooner " Alfred Adams,'' her tackle, api)arel, boats, cargo, and said seal skins and furniture, &c.. may be cited in general and special to answer the piemises, and all proceedings being had, that ?aid schooner " Alfred Adams," hei' ^tackle, apparel, boats, cargo and said seal skins and furni- ture, may for the causes in the said libel of information mentioned, be condemned as foifeited to the use of the United States. You are, therefore, hereby commanded to attach the said schooner "Alfred Adams," her tackle, apparel, boats, •202 (Exhibit No. s>.) cargu and said H-nl skins, and furniture, to detain the same in your custody until the fiuther order of the Court respecting tlie same, and to giv«> notice to all persons claiming the sani", or know inji or having anything to say why the same should not hy condemned and s(dd pni-snant to the jirayer of the said lihe! of information, that they be and appear before the said Court to he held in and for the 10 District of Alaska, on the lird of October, l^s7, at 10 o'clock in the forenoon of the same day, if the same shall be a day of jurisdiction, otherwise on the next day of jurisdiction thereafter, tlitii and there to interpose a claim for the same, and to make llieir allegations in that behalf. And what you shall have done in the|)remisesdoyou then and there make returns ther<'of. together with this writ. Witness tile Hon. I^aFayetto Dawson, Judge of said Court, and the seal thereof aHixed at the City of Sitka, in th(* District of Alaska, this l.'itli day of September, in the 2oyear of our Lord one thousand and eight hundred and eighty-seven, and of the Independence of the United States the one hundred and twelfth. H. E. HAYDON, Clerk of the U. S. District Court. Hv A. A MEYERS, Dej.uty Clerk. (Endorsed)— No. tio. — In the United States District Court, for the District of Al.iska - -The Cnited States vs. Schooner " Alfred Adams. — Monition. -Returned and tiled Oct. a, ls:s7.- H. E. Haydoii. Clerk U. S. 30 Dist. Clerk. Retlkx. Sitka, District of Alaska. Be it reniembeied that in obedience to the annexed mo- nition, I have attached the thirteen hundred and seventy- niui fui' seal skins, therein mentioned, but the said schooner " Alfred Adams," and other property therein de- scribed, can not l)e found within* the jiuisdiction of this Court. I have given due notice to all persons claiming the property described therein, to be and ai)pear before this 40 District Court on the Mrd day of October 1HS7, at 10 o'clock in the forenoon, if this be a day of jurisdiction, otherwiseon thenextdayof jurisdiction thereafter, then and there to make their claims antl allegations in that behalf. And I have as ordered hy said Court caused said notice to be published in the Alaskan a newspaper published weekly at Sitka, in said District, on the I7!h day of Sep- temb(?r, iss7, and by posting the notice in three promi- nent places in the town of Sitka in said District. Sitka, Oct. 3, I.s!?7. 50 BARTON ATKINS, U. S. Marshal. District of Alaska. U. S. District Court. The return to which this is attached is so amended as to state that I have in my possession and custody certain arms and ammunition seized with the schooner '• Alfred Adams,' to-wit: 7 breech loading shot-guns. rifles. 2 muskets. 60 3,^ kegs powder. 259 shell (loaded). 190 " (empty ^ 110 Cartridges H. 79 " 45. .54 " (Small). 50O primers. (Exhibit No. vi.) Anth of August last. I am tlie officer who seized the schooner " Alfreil Adams" on that day. Seizure was made Latitude .'>+.52, North, Long. Uu.'Jt West. Cape Cheerful, Ounalaska Island, bearing S. E. S. 1/2 S. through .W miles. I am regularly commissioned by the President of the United States, and ^^the seizure was made by the direction and by the authority of the Treasury Department of the U. S. The seizure covered the vessel, her cargo, furniture, apparel, tackle, arms, amujunition and l,37!t fur seal skins. The ve,ssel was seized on waters navigable from the sea, by vessels of 10 or more tons burden. I' I If ■2m (Exliil)it No. ^1'.) The seal skins and urms and aininiiiiitii)n wort; turnod over to the U. S. Marshal of this District. I instructotl the Captain. W. W. Dyer, iiiastei' of the schooner, to take hi.s ve.ssel to Sitka, and report to tlie U. S Marshal for this District. I also gave him a letter address«'d to the U. S. District Attorney and U. S. Maishal at Sitka. Connsel e.\hil»ited to witness the jtapors of the sdiooner io*'Alfreil Adams." consisting of Certificate of British Reg- istry No. sa,-J4;5, dated March l.'.th, \Hs-2. issued by register of Victoria, B. C. showing tonnage of vessel to Iw (>H.7."»; also agreement with crew No. is, 771; also Clearance is sued hy Cnstom House at Vict<»ria, B. C., loth of .June, i8s7, bound for the North Pacitic (kean and the Behring Sea, on hunting and fishing voyage; also accompanying liill of health, same date same olHce; also l(jg hook show- ing taking of seal from the 1.">th of June. Iss7, to thu day before the vessel was seized. 20 Witness says, I identify those papers and the log hook as the papers of the "Alfred Adams." Papers offered in evidence and received. This vessel was boarded by Lieuts. Hall and Dim woody. She had l;i7!> ^^.ins on board, and when boarded had 14 seals recently killed, and not yet skimied, on deck. Ve.s.sel ha No. DO. Schooner " Alfred Adams." ) 6q Now comes M. P. Berry, appearing as proctor for claim- ants and moves the Court for leave to file a motion for rehearing in above entitled cause. Whereupon after due consideration and argument the motion was oveiTuled by the Court and also a board being tendered the same was refused by the Court. SO MOT (Exhibit No. 10, U. S.) United States Exhibit. EXHIBIT No. 10 (U. 8.). CLAIM No. 8. Certified copy of pr(x.'eediiiK8 ill tlie Supreme Court of British Cohimltia in the matter of the Estate uf Jacob Uutmaii, Deceaweil. In the Supreme Court of British Cohnnhia. In Probate. lo In the matter of tiie Estate of Jaccl» (iutnian Dt'ceaswl and in the matter of The Merciiant Shipping Act is.'')4 (17 & 18 Vict. C. Ht+). I. Ale.\ander Frank, of the firm of "Ciutniann & Frank " of Johnson Street in the City of Victoria in the Province of British Uoluniltia, Merchants and Indian traders, lu'reity make oatii and say iis follows: 1. That on the 7th day of November, lss7. letters of administration (ihnaiite miuorv tvtittti of Moritz (iutniaiiii) to the estate of Jacob (hitinann the above nametl dcceastMl 20 were granted to me by the Supreme Court of British Columbiii. •1. Tbat the said estate of the said Jacob Gutnian con- sists of u'uteralia) a British shipregistererl in the name of the said Jacob Gutmann at the Port of Victoi'ia, British Columbia, aforesaid, sucii ship Iteing registered as the "Alfred Adams" and thirty-two sixty fointlis of and in a certain ship belonging to the said firm of "Gutmann & Frank," but which said last mentioned ship is registered at the said port of Victoria in the name of the said Jacob 3° Gutmann and is registered under the name of the " Black Diam(»nd." :'.. That I hold a mortgage for twelve hundred and fifty dollars on the said ship tbe ".\lfred Ai'ty of hiicIi partnership. 4. That the arcnunt hereunto annexed marked "A " is a true account of the aKsets and Uabihties of the estate of the said Jacob (hitniann, deceaHetl 5. That the account hereunto annexed marked " B " is a true accoimt of cbhIi received and payments made by lonie from tlie 4tli day of Octolter, IHsT, up to and tintil the present date on account of the said |>artner8hip Arm, and that such account shows the deahngs of tlie said firm and with the said partnership property during and between llio said dates. (SiKued) ALKXANDKR FUANK. Sworn at llie City of Victoria tliis 'id day of October, lisi^.H, |)t>fore me, J. P. WALLS, A Couuuissioner for taking affidavits 20 in the Supreme Court of British Columbia. "A" This is the account marked " A " referred to in the affi- davit of Alexander Frank sworn to before me this :ind dav of October, 1«8S. J. P. WALLS, A Coiinnr., cVc. In the matter of the estate of Jacob (Sutnian, deceased. 30 The following is a list of assets of the estate of the deci'ased. The deceased is entitled to oue-half interest in le fol- lowinji; jjroperties: British Schooner "Black Diamond." British Scl)ooner "Lily." (loods on band at Clayoquot Station. Wlialing Gear. Goods on hand at Victoria. Real Estate Lion Brewery. 40 Real Estate lot adjoining Lion Brewery. Goods on board the Schooner "Lily." Book accounts go(»d KiS'.t 01 Book accounts doubtful. Bills cSc Notes receivable good l-j-2i I'o Bills and Notes receivable doubtful. Cashonhand 41 40 Claim against tlie U. S. Government re seizure Al- fred Adams. Interest is claimed from Oct. 1, iS87, at 7 ^ per annum. 5° The following is a list of the liabilities due from the ab( /e estate: On half share of the following debts: S. . Frank & Co. , San Francisco, Cal 10,589 32 H utman, Munchen, Germany 80 00 Bi «Sc Notes payable 1,000 00 Mc iTcages on Lion Brewery 2, 200 00 Fn Thornberg. Clayoquot Station 700 00 Su Iry accounts 200 00 6oBp k British Columbia 2,490 54 Ciayoquot Indians 335 00 Suit Capt. Dyer on account of seizure Alfred Adams. W, Thompson's claim to be paid when U. S. Government pays the claim. Re seizure "Alfred Adams." Claim of M. G utman for wages. 20)) .1 i-.i< n '$ 20 (Exhibit No. 10, U. S.) In Tlie Suprem<> Court of Britmh Coinmbia. J» re the Estate of .lacob Gutmiinn dectnised and in thn niatt«>i- of the Merchant ShinpiiiK Act lHri4 (17 &. IH Vict. C 1(14) 1, Gronow Gaches Gwynn of the City of Victoria in the Province of Kritiwh Cohinibia hereby make t)atb and say as follows: ° 1. That I am employed in the office of Mr. Theodore Davie of the City of Victoria, Barrister and Solicitor. 2. That in the course of my duties as such employee I made appliciition to Mr. Justice Crease one of the Judges of the Supremo Court of Britisii Columbia for an f)rder for the grant of letters of administration to the estate of Jacob (fUtmann deceased and that letters of administra- tion to the said estate were granted to Alexander Frank of the said City of Victoria on the 7th day of November, 1887. :i That at the time of making such application and until within a few days previous to the day of the date of this my affidavit I was not aware nor' had it been brought to my knowledge or to the best of my knowledge and belief to the knowledge of my said employer that the said Alexander Frank was other than a British sub- ject. 4. 1 am informed and verily i)elieve that the said Alex- ander Frank 'j an American subject. 30 (Signed) GRONOW G. GWYNN. Sworn at the City of Victoria in the Province of British Columbia this Istday of February 1888 before me. W. J. TAYLOR. A Conunissioner for taking affidavits in the Supreme Court of Britisii Columbia. In the Supreme Court of British Columbia. In Probate. In the matter of the Estate of Jacob Gutniann, de- ceased. '*° Letters of Administration granted to Alexander Frank on the seventh day of November. 1S87. I, Alexander Frank, of the City of Victoria, in the Prov- ince ot British Columbia, Merchant, hereby make oath and say as follows: 1, That I am the above mentioned Administrator of the Estate and effects of Jacob Gutmann, deceased. 2 That the Inventory or Schedule hereunto annexed and marked with the letter " A " is a true and perfect In- 50 ventory of the Estate and effects of the said Jacob Gut mann, deceased, and that the same is exhibited by me as such in accordance with the order of the Honorable Ch. Justice Crease, one of the Judges of the above Court, iip- poiiiting me the administrator durante mt'uore wtcite of tiie aliove estate. (Signed.) ALEXAIJDER FRANK. Sworn at the City of Victoria, in the Province of British Columbia, this 30th day of April, 1888, before me, , D. M. EBERTS, A Commissioner for taking affidavits in the Supreme Court of British Columbia. ^il 210 (Exhibit No. 10, U. S.) "A" The Inventory of Schedule in the annexed Affidavit OF Alexander Frank referred to. One half part or share of and in the following moneys, properties, effects and credits. One Schooner registered at the Port of Victoria in the 10 name of Jacob Gutman the deceased and under the name of the " Black Diamond." One other Schooner also registered at the Port of Vic- toria in the name of the said Jacob GuLman and under the name of "Lily" and formerlycalled the "Alfred Adams." Merchandise and general stock in trade of Indian trad- ers in upon or about a certain store situate at Clayoquot Sound on the West Coast of Vancouver Island, such stock in trade being of the value of five thousand dollars or thereabouts. 2o Cash in the store at Clayoquot Sound eight hundred dollars or thereabouts. Merchandise and general stock in trade of the firm of • Gutman and FranK " in their store at Johnson Street in the City of Vi'^toria of the value of twenty-five hundred dollars or thereabouts. Book accounts of the said firm of " Gutman and Frank" amounting to one thousand dollars or thereabouts. Hereditaments and premises known as the " Lion Brewery " situate at Spring Ridge in the said City of Vic- 30 toria comprising two and a half acres of land (more or less) a brewery, a licensed saloon, and a dwelling house, subject to two mortgages to secure the sums of one thou- sand dollars and twelve hundred dollars respectively. A plot of Land containing one half of an acre (be the same more or less) and situate adjoining the above men- tioned " Lion Brewery " property. Claim against the United States Government for the value of thirteen hundred and eighty-six seal skins and for damages for the seizure by the said Government of 4othe schooner "Alfred Adams" and for the detention of the said skins and certain guns and amunition. ALEXANDEP. FRANK. This is the Inventory or Schedule marked "A" referred to in the annexed affidavit of Alexander Frank, sworn before me this aoth day of April, 1888. D. M. EBERTS, A Commissioner, &c. In the Supreme Court of British Columbia. — In 50 Prf)bate. 1)1 re the Estate of Jacob Gutman. I, Alexander Frank of the City of Victoria, in the Prov- ince of British Columbia, trading under the name or style of "Gutmann & Frank," as merchants and Indian traders, hereby make oath and say, as follows: 1. That for two yeai-s and upwards one Jacob Gutmann had, until the date of his supposed death hereinaftei" men- tioned, been in partneiship with me in a trade or business carried on by us at Johnson street, in the said city of Vic- 60 toria. trading under the name or style of "Gutmann & Frank," as merchants and Indian traders. tl. That in the course of our said business our said tirni possessed three schooners, and that occasionally either I or the said Jacob (Jutmaun would accompany the said schooners or one or other of them to Clayo(|Uot Sound on 211 (Exhibit No. 10, U. S.) the West Coast of Vancouver's Island, British Columbia, aforesaid. 3. That in the month of February, in the present year, the jaid Jacob Gutmann sailed from the port of Victoria, British Columbia, aforesaid, in one of our said schooners, known by the name of the " Black Diamond," bound for Clayoquot Sound aforesaid. 10 4. That our said partnei-ship firm have a store or trad- ing post at Clayoquot Sound aforesaid, and that the said schooner, the "Black Diamond," was, on leaving Vic- toria, loaded with goods and provisions for the purpose of supplying such store, and that it had been arranged be- tween the said Jacob Gutmann and myself that tlie said schooner, the " Black Diamond," should, after having dis- charged her cargo proceed on another expedition, and that the said Jacob Gutmann should be left at Clayoquot Sound aforesaid to look after our interests there for some 20 little time, and that the said Jacob Gutmann should, after liaving transacted his business at our said store at Ciay- oquet Sound aforesaid, return to Victoria by canoe or other available means of transit. 5. That the said schooner the "Black Diamond" ar- • rived at Clayoquot Sound aforesaid in due coui-se with the said Jacob Gutmann on board and that tl)e schooner having discharged her cargo proceeded on another expe- dition leaving the said Jacob Gutman at l-Iayoquot Sound in accordance with the aforesaid arrangements. 30 (>. That on or about tlie l!)th day of March in the pres- ent year one Moritz Gutmann a brother of the said Jacob Gutmann was sent down to Clayoquot Sound aforesaid by our said firm for the purpose of taking cliarge of our said store there and that the said Moritz Gutmann arrived at Clayoquot Sound aforesaid on or about the twenty third day of March in tlie present year and that on the arrival of the said Moritz Gutmann the said Jacob Gutmann was still at Clayoquot Sound aforesaid. 7. That towards the latter part of the month of March 40 another of our said schooners viz: the " Active " arrived at Clayoquot Sound aforesaid and that on the 2J>th day of March in the present yeai' the said Jacob Gutmann left Clayoquot Sound aforesaid in the said schooner the "Active" bound for Port San Juan on the said West Coast of Vancouver Island it being the expressed inten- tion of the said Jacob Gutmann to leave the said schooner the " Active " at Port San Juan aforesaid and to take a canoe from that place to Victoria. H. That on the Ist day of April in the present year a 50 fierce hurricane raged along the said West Coast of Van- couver Island and that during the continuance of that hurricane a number of vessels were wrecked or otiierwise lost. 9. Tliat on or about the 17th day of April last the said schooner tiie " Black Diamond " returned to Victoria in distress having been out in the said gale of the beginning of April and brought me news that a report was being circuhited that the schooner the " Active " had not arrived at Port San Juan and was supposed to be lost with all 60 hands on board. l(». That ill tiie mouths of April and May last I made re- sjiectively two trips to the said Port San Juan and Clayo- Juot Sound aforesaid and made inquiries amongst the ndians and otliers as to the missing schooner the " Active" and that I ascertained that the said schooner the "Active" had never arrived at Port San Juan, her IP 212 (Exhibit No. 10, U. 8.) said destination, and that it was the general impression amongst the inhabitants of the said West Coast the said schooner the " Active" could not have withstood the vio- lence of the said gale, and that as there had been no trace of her found that she must have been lost with all hands on board. 11. That there were on board the said schooner "The 10 Active" when she left Ciayoquot on the 2!>th day of March last, as aforesaid, besides the said Jacob Gutmann four other white men and twenty eight Indians. 12.— That no word or other tidings has ever been re- ceived as to the fate of the said Jacob Gutmann or either of the said four white men and twenty-eight Indians, and that thepresumption is that the said schooner "The Active" must have been lost with all hands on board during the said hurricane on or about the said 1st daj' of April last. 13. — That to the best of my knowledge and belief the 20said Jacob Gutman has left no will or other testamentary document behind him, and that such knowledge and belief is founded upon a search I have made amongst the effects of the said Jacob Gutmann. 13.— Th.3t the said Jacob Gutmann was a native of the Kingilon) of Bavaria, in the Empire of Germany, and- that the only relative of the said Jacob Gutmann in British Columbia is a brother, the said Moritz Gutmann, and that the said Moritz Gutmann is a minor and under the age of twenty-one years. 30 14.— That Moses Lenz, of the said City of Victoria, mer- chant, is a ere- itor of the said firm of Gutmann & Frank to the amount of four hundred and fifty dollars or there- abouts, and that he is desirous of obtaining letters of ad- ministration to the estate and effects of the said Jacob Gutmann in British Columbia, and that such estate and effects consist .solelj" of one-half interest in the said part- nership firm of Gutman & Frank, and that I estimate such intere.st of the said Jacob Gutman at the sum of fourteen hundred dollars or thereabouts. 40 (Signed) ALEX. FRANK. Sworn at the City of Victoria this 1st day of November ISM", before me, D. M. Eberts, A Commissioner for taking Affidavits in the Supreme Court of British Columbia., This is the paper writing marked " A " referred to in the annexed affidavit of Moritz Gutman sworn before me this {>tli day of November, 18sh (Signed) GEO. JAY, Jr., 50 A Commissioner, &c. "A" In the Matter of the Estate of Jacob Gutman deceased Intestate. The following is a list of the assets of the firm of Gutman and Frank and in which the above nanipd deceased owned one half intei-est. Schooner " Black Diamond" 1,500 0(» Schooner "Lily" ..-.. 1,500 00 Lion Brewery and Lot adjoining 5,000 00 Goods on band at Ciayoquot station.. 4,004 46 60 Whaling gear 321 93 Goods on hoard the " Schooner Lily " 1,537 71 Book accounts good 1 ,()8!» 01 Bills and Notes receivable good 1,224 20 Cash on hand 4140 Goods on hand at Victoria 504 58 *17,323 29 213 (Exhibit No. lo U. S.) The following is a list of the liabilities due from the said firm of Gutman and Frank and for one moiety of which the pstate of the above named deceased is liable S. H.Frank&Co lO.oSy 3-2 H. Gutman 89 0(t Bills and Notes payable l.ooo 00 Mortgages on Lion Brewery 2,2(»(i 00 lo Fred Thornberg ." 700 00 Sundry accounts 2r)(» oo Bank of British Columbia 2.4!>o 54 Clayoquot Indians 33.") 00 M. "Gutmann .">(!!» oo B." * IS, 222 86 This is the paper writing marked "B" referred to in the affidavit of Moritz Gutman sworn before me this !Hh ^°day of November, IssfS. GEO. JAY, Jr., A. C'ommn'r., &c. VicTORi.\, B. C, sth November isss. Appraisement of Lion Brewery and a half an acre of land adjoining, which in my opinion i.s wortii about five thousand dollars. The Schooners "Black Diamond" and " Lilij' " are woith in my opinion about fifteen hundred dollars each. Yours verv faitlifuily, 3° (Sgd.) " W. R. CLARKE, Auctioneer and Appraiser. In the Supreme Court (jf British Columbia. In Probate. In re the estate of Jacob Gutmann, deceased. Intestate. I, Moiitz Gutmann, of the City of Victoria, British Co- lumbia, hereby make oath and say as follows; 1. That letters of a(jlministration to the estate and ef- fects of Jacob Gutmjinn, late of the City of Victoria, the above named deceased, were granted to me on the second 40 day of October, ISSS. 2. That the said Jacob Gutmann, at the time of his de- cease, was a partner in the firm of Gutmann & Frank, of the City of Victoria aforesaid, merchants and Indian tradei-s, and that the only estate, property and effects of the said Jacob Gutmann in the Province of British Colum- bia consists of a moiety half part share or interest in the assets of the said firm of Gutmann & Frank, and that the said estate of the said Jacob Gutmann, deceased, is liable to a moiety of the liabilities of the said partnership firm 50 of Gutmann & Frank. 3. That the account hereunto annexed, marked " A." is a true account of the assets and liaiiilities of the said part- nership firm of Gutmann & Frank. 4. Tliat the values of tlie following property, schooner "Black Diamond," fifteen hundred (.*;i,.5oo) dollars, schooner "Lily," fifteen hundred ($1,.>00) dollars, "Lion Brewery and Lot adjoining," five thousand (^o.oOO) dollars, in the list of the assets in the said account hereunto an- nexed, marked "A," contained, are the values put upon 60 the same property, respectively, by one William Raymond Clarke, of the said City of Victoria, auctioneer and valuer, and that the paper writing hereunto annexed, marked "B," is a true copy of the valuation of the same property by the said William Raymond Clarke. 5. That the values Four thousand and four Dollars and 214 { I (Exhibits Nos. !(• U. S. and 83.) • forty six cents (!f4,. That the said values of the said pi'operty goods and effects are to the hest of my knowledge and helief the fair cash value of such proi)erty goods and effects 7. That such account shows an excess of the liahilities over the assets t(J the amount of !?s(t!».57 for one moietj' of which excess such moiety heing Four hundred and forty nine dollars and seventy eight cents (844!t.7S) the estate of said Jacob (Jiitn)ann deceased is liahle. s. That the said firm of Ciutmami and Frank have a 20claiin against the (xovernment of tiie United States of America for the auKtunt of Twenty thousand four hun- died and thirty tluee dnllais (!?2n.4:{;!j such claiiu heing for tiie seizure of a lertain schooner known by the name of the '■ Alfre3, condemning the ship "Oscar and Hattie," and her equipment and everything on board thereof, as forfeited to Her Majesty for contravention of the Act known as the Seal Fishery (Behriug's Sea) Act 60 1891. 2n 10 ^Exhibit No. sr>.) OUDER FOR PkEADINGS. Dated 2(tth day of October, 18S>2. Upon hearing Mr. C. E. Pooley, Q. V., on behalf of the Crown and Mr. Taylor on behalf of the ship " Oscar and Hattie," I do order that pleadings shall be delivered in this action. MATT. B. BEGBIE, L. J. A. Petition. Writ issued the 2-Jnd day of October, lsth day of May \su-2 made by Her Majesty the Queen in pursuance of Iva Act of the 20 Imperial Parliament entitled " The Seal Fishery (Behring's Sea) Act 1891. •2. The said ship set sail from the port of Victoria to- wards the North Pacific Ocean on the I'Otli day of Janu- ary 18i>2, fully manned and equipped for the purjiose of hunting, killing and taking seals. ?>. That the master of the said ship "Oscar and Hattie," Thomas Turtle was on the 17th day of June 1S!t2 duly warned by an officer from the United States ship "Adams "' not to enter the waters of Behring's Sea for the purpose 30 of sealing, and at the same time received fiom the said officer a copy of the Pioclamation of the Piesident of the United States, a copy of the convention between the United States and Great Britain, and a copy of the British Seal Fishery (Behring's Sea) Act ISiU. 4. The said ship at the time of the sei/.me as set forth in ]»aragraph one hereif was fully manned and equippml for tlie purpose of hunting, killing and takiuj; seals, and had on board thereof shooting implements ami seal skins, and tli(! said ship was used and employed in kiiling, taking 4Qor bunting or attempting to kill or take seals within the prohibited waters of Behring's Sea as aforesaiil. 5. That after the said seizure of the saitl shi|) as men- tioned in paragraph one lieicof. the said shii) with her crew and equipment were taken to Ounalaska, and there haiuh'd over by the American officers to Captain Parr, of Hei' Majesty's ship "Melpomene," who wa s the senior officiM" of the Britisii Fleet in Behring's Sea. t). The said Captain Parr took the guns used for sealing, to the number of twenty-two out of the said ship and 50 towed the said ship to sea, and directed Thomas Turtle, the master of the said shij) to sail tl u said ship to Victoria, and rejiort himself witl) his saitl vessel to the Customs Authorities there. 7. The said Captain Parr has the said twenty-two seal- ing guns on board Her Majesty's ship "Melpomene" in Esquiuialt harbour. s. The two hundred and twenty-si.x seal skins found on the said ship when seized as mentioneil in paragraph one hereof, were on the twentieth day of October \s[)-2, at the 6ore(|Ui'st of the owners thereof, and with the consent of the British Admiral of this station, sold for the sum of three tlionsand and thirty. six dollars (83,o8ti.oo^, which .said mont-y is deposited in the Bank of British Columbia to abide the event of this action and to be dealt with as this Honourable Court shall direct. iiili- 21S (Exhibit No. 85.) Alfred Arthur Chase Parr, Captain of Her Majesty's ship "Melpomene" claims: — The condemnation of the said ship " Oscar and Hattie," and her eauipment and everything on hoard of her or the proceeds thereof, on the ground that the said ship was at the time of the seizure thereof (at Gotzleb Harbour, Attn Island) being a place within the prohibited watere of '^Behring's Sea as detined by Order in Council, dated tho yth day of May 18!»2, made by Her Majesty the Queen, in pursuance of an act of the Imperial Parliament intituled the Seal Fishery (Beh ring's Sea) Act J Sid, fully manned and equipped for hunting, killing and taking seals and had on board shooting implements and seal skins, and that the said ship was used and employed in killing tak'ng or hunting or attempting to kill or take seals within the pro- hibited waters of Behring's Sea aforesaid. Datfd the thirty-first dav of October is'ta. 20 A. A. CHASE PARR. CHAS. E. POOLEY, Solicitor for the Crown. Answer. 1. The owners of the ship "Oscar and Hattie" admit paragraphs 2, 3, 5, (!, 7 and )S of the Petition and so much of Paragraph 1 as alleges that the said ship was seized as stated at Gotzleb Harbour, Attn Island. 2. The said ship was in the said Harbour and waters solely for the purpose of obtaining a supply of water and 30 provisions in order to enable her to return to Victoria and not for the purposes alleged or otherwise. 3. The said ship was never in prohibited waters for the purposes alleged or otherwise save as aforesaid. 4. The said waters are not prohibited as alleged or other- wise save for the purpose of hunting seals. 5. The ""aid ship put into said Harbour being at the time in distress and for the purpose of relieving such distress and never was in such waters for any purpose prohibited by said Ordere in Council, Prohibitions and Conventions. 40 fi. Save as aforesaid the Owners deny each and every of the allegations contained in the said Petition. Filed the 12th day of November 18!»2 by D. M. Eberts (of the firm of Eberts & Taylor), 30 Langley Street, Vic- toria, Defendants' Solicitor. Reply. The plaintiff denies the several statements contained in the answer except in so far as the same contained admis- sions. 50 Dated the 9th day of December. 18{»2. CHAS. E. POOLEY, Solicitor for the Plaintiff. Order for Examination Before Trial. Friday, the 2nd day of December, 18S>2. Before the Local Judge' in Admiralty. Upon hearing counsel for defendants and plaintiffs and by consent it is ordered that Thomas Turtle and Charles Peters witnesses for the defendants be examined before 60 James Charles Prevost, Registrar of this Court, at the Court House, Bastion Square, Victoria, on Saturday, the 3d day of December, at the hour of eleven in the fore- noon, and that the official stenographer do attend and re- port the proceedings on the said examination. MATT. B. BEGBIF, L. J. A. 219 ioYps, Q. (Exhibit No. 85). Examination of Thomas Turtle, under Order of the Judge, dated the 2d day of December, 18i»2. Thomas Turtle, being duly sworn, testified as follows: — Direct-examination by Mr. Taylor: Q. Your name is Thomas Turtle? A. Yes, sir. You are a master mariner? A. Yes, sir. You are in command of the " Oscar and Hattie"? A. sir. And were last summer when she was seized? A. Yes, sir. Q. Where did you sail from with her last sunmier when you went north? A. I sailed from Yaquina, Oregon. Q. About what date was that. Captain? A. The 18th, I think, of February. Q. The latter end of February? A. The latter end of February. Q. Where was she registered, the "Oscar and Hattie"? 20 A. At Victoria. y. For what purpose did you leave Yaquinai A. Seal- ing and fishing. Q. 8eaUng and fishing in the North Pacific Ocean? A. Yes, sir. Q. Well, for how long did you continue sealing in the North Pacific Ocean? A. Up initil the latter end of August. Q. Up until the latter end of August? A. Yes, sir. p. What occuiTed about the latter end of August, Cap- 30 tain Turtle? A. I was short of water, and prepared to come home; give up sealing. Q. You were short of water, and prepared to give up sealing? A. Yes, sir. Q. And prepared to come home, you say? A. Yes, sir. Q. Well, let me understand you. Was that because you had finished your sealing adventure? A. Finished sealing; yes, sir. Q. And were short of water? A. And was short of water, and provisions as well. 40 Q. And provisions as well. Well, as a result of being short of water, what did you do? A. I bore away for Attou. Q. Attou; that is an island. A. Yes, sir; the western island of the Aleutian group. Q. The western island of the Aleutian group. Do you know which side of the island that harbour is, Captain? A. The one that I know is on the north side. On the north side? A. Yes, sir. What was the stfite of the weather? A. It was 50 rough. Q. Well, that is pretty general. Captain ; you say rough. Give us a more particular idea of what the weather was like. A. It was stormy. Q. It was stormy? A. A heavy sea. Q. A heavy sea. Clear weather, was it? A. Well, I forget now, exactly; unless I looked at the log I wouldn't swear to it now, I have forgot. Q. Will you take a look at your log and see? Mr. Pooley: I will put the log in directly. Mr. Taylor: Might just as well now, to save time. The Log Book was Produced. Q. Now tell from the log which day it was you put into Attou. Mr. Pooley: Q. You were seized on the 31st? A. Yes, sir. I anchored on the 30th. 60 1, , hP r?'\ « ' [mi X m ,'^ V h , ■3 „■ f :" i" 22(1 (Exhibit No. 85). (^. You anchored in there on the 3oth? A. Yes. sir. Q. Where? A. In Gotzleh harbour, Altou Island. Q. That is on the north side of Attou Island? A. Yes. sir; and it conies up next to Tschitschajjoff harbour. Q. Why did you put in that particuhir i)lace, Cai)tain< A. It was the only one I could make. Q. Why? A. 1 didn't want to go into Tschitschagoff 10 harbour at all. 1 only, went into an open roadstead; I didn't want to lie in a harbour any length of time; I went simply into Gotzleh tor water. y. bid the state of the weather have anything to do with you going in there? A. There was strong winds; I Couldn't get around to the south side of the island. Q. That was on the Hist, you say, of August? A. On the 80th of August, that was the day that I anchored. Q. The With of August, yes? A. the noth of August. Q. Can you give us aiiy icU'a from that logbook the 20 point from which you sailed, when you made up your nnnd you wanted water, and to start foi- Attou Island? A. I was off Copper Island. Q. You were off Copi>er Island? A. Off the southeast end of it. Q. Off the southeast end of it. How far off? A. I should reckon I was 4(» miles off the island when I bore away; 4o or M) miles. Q. Was that your only reason for going into Attou, what you stated? A. For water. 30 Q. Yes? A. That was all, sir; I knew I couldn't get any provisions there; there was no provisions to get. (j. Where were you going to get youi' jtrovisions to come home? A. I had just enough to carry me home, that was ail. Q. When you speak of being short of provisions, you mean you were so short of provisions you could not con- tinue sealing any longer? A. I couldn't continue sealing any longer. Q. Did you get any jtrovisions at Attou before you left 40 there? A. I got some fiom the United States slni) " Mo- hican." Q. To return to Victoria? A. les. sir. (). Ami did you get any other provisions besides? A. Yes, sir; at Uunalaska. Q. (Mr. Pooley.) You got some from the " Mohican"? A. Yes, sir. Q. At Ounalaska. What did you do when you got to Attou Island? A. I went ashore at Attou Island to see if I could find a suitable place to water at, I suppose some 50 time about seven or eight in the morning, and about one o'clock we began to fill the tanks. Q. About seven or eight o'clock you went ashore? A. To see if I coaU get a place to water. Q. And then having discoverebjected to by petitioner's counsel. 2o A. I never loweied a boat inside the Hebring Sea. *i. You never lowered a boat in the Hehring Sea? A. No. sir. (/ (Jutside of going into Attou Island, as referred to? A. Yes, sir. Q. Had yon shot any seals th»'re. or killed any in any way, without lowering a boat? A. No, sir. (.}. Could not? A. No, sir. () What occurred after that? Did you leave Captain Johnson? A. He gave me orders to i»roceed toOunalaska 30 in the charge of Mr. Macdonald. t^. This crew he had put on board? A. Yes, sir. Q. What day did you start for Ounalaska? A. That same day that he caiiu? on board, in the afternoon about three o'clock. 9. AVliat day did you reach Ounalaska? A. Onthe.")th of Se]jtend)er. y. (Mr. Pooley. ) You left on the 1st of September? A. Yes: sir; and arrived at t)unalaska on the 5th. y. Y'es. And what (lid you do there? A. Why, we laid 40 out anchor there. The Y'olktown came along m the after- noon, and this Ensign Macdonald went on board the Y'ork- town. Q. Was that a United States man-of-war? A. Yes. sir; Cajitain Evans. (^. And this prize crew went aboard the Yorktown, did they? A. Yes, sir; but not until 1 Ind been aboard. The Ensign went aboard and rejiorted the seizure before he sent for me and I went .iboard and saw Captain Evans. Q. Subject to this, .^iiiue objection, what occurred with SoCapt. Evans? A. Ho told me what Captain .Johnson had seized me for. Q. What was that' A. Being in prohibited waters and found in a port I had not cleared for. Q. Y"es; and what did the Yorktown Commander — what did he do? A. He told me to stop there until the Melpomene came along, and he would turn me over to the Melpomene. Q. That is her Majesty's ship? A. Yes, sir; that is her Majesty's ship. 60 Q. You waited there? A. Y'es, sir. y. How long? A. That other log book is taken away. I was there about nine or ten days. Mr. Pooley: Q. Here is the other log book; that will tell you all right. (Log book produced.) '2'2S (Exliil»it No. M5.) A. Y«'H. sir; that is oiif that \w got— that is not it. Mr. I'ooley: if. If yon p) hack tht'ic fiiither won't you find it ill in A. No, sir; this is tinisht-d otT. Mr. Pooley: Q. I thoiiglit you would find it theio? A. No, sir; what is (.dpiod— 2i> put down liere, is the flic-arms taken from tlic ship. Mr. Pooh'v: Q. That is a rt'ccipt for it? A. Vi's, sir; 10 that is all, sir. t^. Tlicn ahout ten days from that; what (hito is liiat? Doi's that show on tho log there? A, No, sir; the log was taken away. ij. Wt'll, in aliont tni days yon were ordcifd by fajitain Parr of the MelpoinciK! to proceed to Victoiia? A. Yes, sir. l^. VV^iy did yon proceed to Atton to get water? A, It was the iie:u-est place I could get to; 1 couldn't get into Coppei' Island and I conldii'l get into the Behring Islands. 2o t^. Had you any chart to the western islands of the Aleutian group? A. No, sii'; I had just a general chart, no small charts. (). Were yon ill the "Oscar and Hattit?" all the time from the time she left this pf)int in Oregon you spoke ahout. until you were seized? A. Yes, sir. (^. And until you returned to N'ictoria? A. Yes, sir. (}. In command? A. Yes, sir. Q. Were there any lookeries or sealing grounds at Attou Island? A. Aot that I am aware of. sir; never looked for 30 any. (/ Has it been a general sealing place, or particular sealing place? A. Not to my knowledge; never heard that it was. (.^. How long have you been cruising about up there? A. About how long was 1? (}. I don't mean on this ])articular ciuise, but how long have yon been engaged in the business of sealing? A. Never before, sir. (^. This is your tirst trip? A. Yes, sir. 40 (). Does your log show the reason — your log shows the state of the weather when )'ou went in there? A. Yes, sir. it was bad weather. (). Now. why did you go into that particular harbor? A. It was the nearest harbor— it was the only one I could make out. (j. The only one you could make out? A. That I thought it was a safe place to go into. Q. And that was your sole reason, then, for going there? A. That was my sole reason for going in for water. 50 y. And you say at the state of the weather you made this particular harbor? A. Yes. sir. Q. Or roadstead, you called it? A. It is only a road- stead. Q. After leaving Captain Parr on the ''Melpomene" you proceeded to Victoria under his orders, did you not? A. Yes, sir. Q. And reported there to the Admiral at Esquimault harbor? A. I reported to the Collector of Customs. Q. And your ship was then taken in charge? A. Yes, 60 sir. Q. By the Collector or the Admiral? A. I couldn't— (j. At any rate you left her with the Collector of Cus- toms? A. I left her with the Collector of Customs, with a watchman on board of her. 2iH (Exhibit No. S5,) Cross-examined by Mr. Pooley: Q. Do you know this chart undicating)? A. Yes, sir. Q. Can yon define her«^ now according to the— ^ A. The line of demariou say fully equipped, captain, what do you mean by that exactly? A. Well, fully equipped. i). Let me understand you; you mean you had your guns and fishing boats, and that sort of thing, used in sealing? A. Yes, sir; there on board. Q. Thev were on that schooner when you were seized? A. Yes, sir. 30 Q. And you were equipped, except with provisions? A. I was not equipped with provisions. Q. Now, is it the north or south side of the Aleutian Islands that is the boundary of the Behring Sea? A. I believe now it is the north. Q. The north side? A. Yes. Q. Then the reason you went in the north side was ow- ing to stress of weather? A. Yes, sir. Other schooners had been u|> there at the same place I was, on the north side of tlie island; they had been in there. 40 Plan of Behring Sea and Arctic Ocean j)ut in evi- dence, and nnirked Exhibit "B." Q. (Mr. Pooley.) You say you did not go in for the pur- pose of taking seals? A. No, sir Q. (Mr. Pooley.) Into the Behring Sea? A. No, sir. Q. (Mr. Pooley.) And you did not take any whilst you were in tliere? A. No, sir. Witness e.\cused. EVIDENCE TAKEN UPON THE TRIAL. . J Thursday, the 27th day of December, 18i)2. Alexandkk Roland Milnk, .being called on behalf of petitioner, and sworn, testified as follows: Direct-examination by Mr. Pooley. y. Your name? A. Alexander Roland Milne. y. What is your occupation, Mr. Milne? A. Collector of Customs at the Port of Victoria. Q. Do you knosv the schooner called the "Oscar and Hattie?" A. I do. (}. Is that schooner entered in your territory? A. That 60 schooner is entered in my territory. i}. Is the " Oscar and Hattie " a British Columbia vessel? A The " Oscar am' Hattie " is a British Columbia vessel. Q. Are you the registrar of shipping here? A. lam the registrar of shipping here y. Is she registered at the Port of Victoria? A. She is registeied in this port. '>•>!? 1, I I'd (Exhibit No. S5.) Q. Have you a copy of the registration with you? A. I have. (The witness produces document.) Q. That is a true copy of the registration? A. That is a true copy of the registration. (Copy of tlie registration of tiie " Oscar and Hat- tie" put in evidence; marked Exhibit C.) Cross-examination by Mr. Ebeits: •o Q. You are also the OHicer of tlie Custonis here, are you, Mr. Mihie? A. I am. Q. What is the practice, Mr. Milne, in so far as our country is concerned, with reference to ships coming into harbors on the coast m distress, that is, if they came in for water, for instance? A. The practice is laid down in tlie lir)th section of the Customs Act. (^. lliitli section of the Customs Act' A. Yes, sir. (} (Reading.) If any vessel with duitahle goods on board, enters any place other tlian a port of entry, unless from 20 stress of weather or other unavoidable cause, such goods, except those of an iiuiocent owner, shall be i-Hized and forfeited, together with the vessel in wliidi the '"■ ' were imported, if such vessel is of less value than eig idred dollars. Well now. tell me what has been the truction of those words '* unle.ss fiom stress of weather or other unavoidable cause," what has been the construction so far as oiu" levenue laws aie concerned? A. Tlie construction both by myself and my predecessor has been quitn liberal in respect to the vessels frequenting 30 other jtlaces than a port of entry in British Columbia, to allow them to depart without entry. Q. In (ases of what? A. In cases where they went in from stress of weatbei', oi" other unavoidable cause, say for the absence of water. Q. Fc ■ the absence of water? A. Yes, sir. Q. And you allow them to go in and take water without inteifering? A. If there is an unavoidable cause, that is if their tanks had iieen leaking or barrels broken. Q. And how long do you allow them to remain in port? 40 A. The time is not stated under our law; it is entirely in the discretion of the Collector of Customs. Q. It is entirely within the discretion of the Collector of Customs? A. It may be days before a vessel is completed or repaired. Usually the practice has been not less than 48 hours. Q. Usually the practice has been not less than 48 hours? A. Not less than 48 hours. Q. In other words, if an American ship, a laden ship, were coming up the straits, and through distress had to 5° go into the lioyal Roads and anchor at Esquimalt harbour, would you allow her to enter and leave without interfer- ing? A. Esquimalt is a part and portion of this harbour, and it would be the same as coming in heie to Victoria. Q. Suppose then she was on the west coast of the Island, and it so happened that an officer was there, would the officer seize a ship that came in there for water? A. No, sir: American ships frequently frequent Barclay Sound and other points and the harbours of the west coast for re- pairs, and remain there a week or two or more. Q. And take in water also, do they not? A. Water, yes, sir. Q. You have been in the customs service a great many years, Mr. Milne? A. Yes, I have. Q. And you have of couise some general knowledge of the American customs service? A. I have. 60 220 20 (Exhibit N(i. ^^).-) Q. And does the same rule obtain on their side as ours with reference to ships in distress? Mr. Pooley: That is a (juestion, my Lord, wliich Mr. Mihie can hardly give evidence upon as an expert; I sub- mit it is hardly a question that can be asked. (Objection sustained.) Questions bv thk Coukt. *° Q. 1 understand you to say. Mi'. Milne, that vessels com- ing in, for instance in distress for want of water, stay thereat the discretion of the master until their wants are supplied? A. Yes, sir. Q. It would be a very simple thing if a vessel wanted water to come to a place where there was a small rill, and if there was no exempted time they might stay there a year? A. We have vessels now under detention for being an unreasonable time in our bays and hai hours other than ports of entry. Q. The master must not only stay a reasonable time, but m a reasonable place? A. Yes, sir. Q. He nuist go for provisions to a place where provis- ioiT- can be had? A. Yes, sir. ^. ll she is without mast or sails she will lie thi re until jome one comes to take her away? A. Yes, sir. Q. And send for a tug. A. Frequently, my Lord, American schooners have frequented our west coast for obtaining wood and water, and sometimes made the har- bours a place of resort to repair their sails. 3° Q. Suppose a vessel came in without anysj)ars or masts or anything of that sort t(j Nootka sound, foi' instance, and stayed there until her wants were supplied? A. I would consider that quite reasonable. Q. She would have to send fo»' her repairs down here, she could not get them there? A. She might make some repairs there. Q. Cut a tree down? Could the mast riggers be made? A. Y"es. Q. A schooner could not carry an extra mast? A. 4° Larger vessels, my Lord, frequently carry spars. Q. Suppose that a vessel goes into Xootka Sound in dis- tress, how long could she stay there? A. It would be in the discretion of the Collector. Q. I understood you to nay it was in the discretion of the Captain how long she would stay. A. 0, no. Mr. Pooley: I undeistood him to say it was in the dis- cretion of the Collector. The Court: That is quite right, in the discretion of the Collector; I can understand it then. 5° Witness excused. Henry L. Johnson, being called on behalf of Petitioner, and duly sworn, testified as follows: Direct-examination by Mr. Pooley: y. Your name, Captain Johnson? A. Henry L. John- son. Q. Are you an officer in the United States Navy? A. I am a Commandei'. Q. A commander in the United States Navy. Were 6oyou on the 30th of August last, prior to the seizure of this vessel, the "Oscar and Hattie," then Master of the United States ship " Mohican "? A. I was. Q. Commander of the United States ship " Mohican "? Did you as such master direct the seizure of the schooner "Oscar and Hattie "? A. I did. l>3i» (Exhil)it No. 85.) Q. Where was the schoojier "Oscar and Hattie " at the time you directed it to be seized? A. At Gotzleb harbour; it rests a httle to tlie west of Tsciiitschagoff harbour, on the north side of the Island of Attou. The Court: Q. West, on the north side? A. West of Tschitschagoff harbour, on tiie north side of the Island of Attou. lo The Court: Q. That was outside of the Behring Sea? A. No, sir; inside of tlie Behriiifj; Sea. TheCouit: C,). You had wained her not to p;o inside the Behring Sea? A. 1 had not warned her at all. The Court: Q. Tliat is wlieie you seized her? A. Yes, sir. The Court: (,). It is iieie (iotzleh i^referrinj; to the chart)? A. You find it spelt different ways, my lord. The Court: (.^. That is ou the very verge of the Behr- ing Sea^ Hut it is in the inside? A. It is in the inside; 20 yes, sir (}. Why did you cause that vessel to be seized? A. For beiu};- within the piohibited waters, waters prohibited by the Moihis Vircndi. for the }turpose of sealmg with seal- ing outfit and sealskins on ItoarU. (}. For being in prohibited waters, according to the Modus Mvciidi. Mr. Pooiey jiut in evidence the "Modus Vivendi," the extension of which is dated the -I'lA day of April, 1> •>, said document lieing in the Statutes 1S!)l', of Canada, folio 30 154. Also produced the "Treaty of Washington.'" Also ])ut in the Order in-Council passed at Windsor, on the Itth day of May, 1S!»:>. The Court: This is admitted? (Referiing to the chart of marked Exhibit "B" in Mr. Turtle's evidence.) Mr. Eberts: Y'es. my lord. The Court: Then it clearly shows that the north side Attou is in the prohibited waters. Mr. Eberts: I think it is. Mr. I'ooley: Then I will not examine Captain Johnson 40 on that y)oint. C^. What harbour did you come into with your ship tha "Mohican"? A. A. Tschitschagotf harbour. y. What time did you arrive there? A. Early in the morning. Q. Early in the morning of the day you seized tlie ves- sel? A. Yes; ."^ay eight o'clock; probably eight o'clock. The Court: C,). Was that before or after you seized it? A. Before; the morning before. The Court: Q. In the morning on the same day you jos^'ized it? A. Yes, sir. Q. At what time was she seized? A. Late in the after- noon, I should say after four o'clock. Q. What was the state of the weather on the day you seized the schooner? A. It was a lovely day, very httle wind, perfectly clear and almost perfectly smooth. Q. Where were you on the previous day, with your ship. Captain Johnson? A. Somewhat to the westward, approaching Attou, where I arrived after it was too dark to get into the harbour that night — the night hefore the 60 30th. Q. That is the night befoie you seized her? A. Yes, sir. Q. What was the character of the weather on that day? A. It was a fairly good day; the wind was a head wind for us; about west, I should say, as we would mark it, 231 (Exhibit No. S;').) three to five; it was a rnodeiate liead wind. If I could refer to the log I coiiM verify it hotter than my inc'iiory. Q. Did you bring a copy of the lo;; witii you. of that portion of the log< A. 1 brought a copy of that |)orti(jn of the log relating to the " Oscar and Hattie." Q. Is that your copy of the log, captain (paper shown to witness)? A. It is. lo (^. And you swear that to be a true copy? A. I will. The copy of log was tendered in evidence. Ob- jected to Mr. Eberts. The Court: Q. The log was made under vour direction? A. Yes, sir. The Court: y. .And niadeat the time? A. be made, of course. The Court: (,». And you believe it to be t I caused it to A. Yes, I'Ut SU'. The Court: i). The 20 and put i' aside and witness is entitled to say, "now I recollect look at that, distinctly so and so," and that would be evidence, undoubtedly. The witness; Aly memory Is (juite clear. The Court: 1 do not think that the log unsworn to would be evidence as to t\w facts alleged therein, but Captaui Johnson may, I think, look at that, and then swear to the facts accoriling to his memory. Mr. Pooley: Captain Johnson has alieady given the evi- dence, my Lord. The Court: As to those two days. 30 i'be witness: My recollection is almost perfectly clear about it; the log nuist be neai'ly rhe same: the course of the wind may be a little different, from the way my memory is. y. Did you compare this with the original log. Captain Johnson? A. I did. The Court: .A copy may be a true copy and yet the orig- inal may have erroneous statements. Tlie statements may be made jjerfectly hona fide and yet they n)ay be er- roneous, uidess they are i)roved. 40 Mr. Pooley: Then it would be necessary in order to prove a log to bring in every officer on the ship who writes the log. The Court: Are there different handwritings in your log? A Yes, sir; different hand-writings; every officer at the end of his watch writes the log, which is the rough log, and then an ofificial log is copied the next day, and the officers sign the remarks of their watch, and then it is submitted to the navigator who verifies it with his signa- ture, and also submits it to me for my ai)proval. 50 Q. In your official log yon would be very much sur- prised to find interlineations? A. Certainly; but there are various handwritings, because it is written by different people. The Court: I thought you said it was all copied? A. Yes, sir. The Court: (^. The officers keep their rough log when they are on duty? A. Yes, sir; and then it is copied into thesmooth log. The Court: Q. It is not copied into the smooth log by ^°the various olficers who wrote the rough log? A. No, sir. Q. Therefore, I say, in the smooth log you would be sur- prised to see different iiand writings or interlineations? A. Certainly; it is generally done by the same man; it is gen- erally done by a man who attends to it. I'!' \ it'-: '™! i. ■2'V2 !^ (Exhibit No. sr>.) Tlie Court excluded thcM-opy of the log as evidence. y. Tlieii vou sneak to the state of tlie weatiiervourself. A. Yes. ■ C^. You know the state of the weather yourself* A. Yes, sir. Q. Wliat otticer did you send fiom j'our ship to seize tills vessel? A. Kusigu Harrison. 10 Q. After the seizure, did the master of the schooner come on hoard your vessel? A. He did the next morning. Q. Whilst the master was on hoard your ve.sselyou had some conversation, had you not? A. Yes, sir. Q. And during that conversation did you make this re- maik to Ml'. Turtle? Mr. Eiierts: This is a i)art of the defence, mj- Lord, that Mr. Booley is reading from. Q. Captain Tuitle in his evidence says this: that when came on hoard your sl)i|i you made these lemarks to him: 20 *' He," that is yourself, ''said he didn't believe I had been sealing at all; he didn't believe that 1 had come into the sea to seal there; Ik^ fully believed that I came in there for the sole and whole ])ur|)ose of getting water." Have you any recollection of making that remark. A. I have not. In that form lam quite positive that I never made it. Q. Now, here is a (piestion that I wish to ask you as a seaman. Do you consider, as a seaman, a vessel to be in distress which has been out and stayed out too long in her occupation, so long as to run sliorl of water? 30 Objected to by Mr. Eberts. ( )verruled. A. In that sense, yes; but I should not treat her as dis- tressed where it was intentionally done foi' an evident pur- pose—the bringing of this distress about. The Court: i). She might easily run short of water by boring a hole in the casks? A. Yes, sir. In distress, the way I understand it, when vessels — Mr. Eberts: I object. The Court: I am not suggesting anything; and I do not believe for a moment that C'a])tain Turtle would kick a 40 hole in the head of his water casks. But it does not re- quire a seaman to point out whether it would be in dis- tress or not; it only requires ordinary intelligence to do that. Mr. Pooley: Very well; that is all I desire to ask. Cross-examination by Mr. Eberts: Q. Captain Johnson, you had a conversation with Cap tain Turtle the next morning? A. Yes. sir. Q. Didn't Capt. Turtle tell you '.le had no idea of com- ing in there for the purpose of killing seals? A. I don't 5° remember that he did. Q. Didn't he speak something of the kind, or words to that effect? A. He spoke words to that effect, that he was crossing this narrow angle in the Behring Sea here, as the chart shows, and h(^ came in there for water. (^. He was crossing that narrow angle of the Behring Sea, and came in there for water? A. That part of the Behring Sea that comes under our jurisdiction. Q. And didn't he tell you that he came from the neigh- bourhood of Copper Island? A. Whether he told me, or ^" whether I obtained the information from Mr. Harrison, 1 don't know. I certainly had the information. Q. You certainly had that information that the Captain had lately come from the neighbourhood of Copper Island? A. Almost immetliately. Q. Almost immediately from the neighbourhood of Cop- 23S (Exhibit No. 85.) per Island; and that he had been sealing in that locality for some time. A. Yes. Q. And that he had been sealing in that locality for some time, that is, in the locality of Copper Island. Now, how far is Copper Island from Attou Island? A. I don't know. The Court: Q. About 300 miles* A. I don't know, as I 10 never measured it. The Court: Q. It is about five degrees of longitude, at 42 miles each? A. Fivedegreesof longitude, forty-two miles each; about two hundred miles; I should say 20(> miles. Q. Didn't Captain Turtle also mention to you —he men- tioned to you that he came in there to get some water, did he not? A. I think so. Q. Yes? A. It is very hard to say what he mentioned to me, and what I obtained from my officers almost at the same time. 2o Q. That was your understanding at the timei A. At the time that he came in there for water. Q. Now. when your ship came into the adjoining harbour of Tschitschagolf, you did not see him then, did you< A. No, sir. Q. You did not see him when you first came in? A. I could not see him. Q. And he could not see you? A. No; he might have seen me outside. Q. He might have seen you, you don't know? A. No. 30 The Court: Q. I suppose there is some high land be- tween Tchitschagoflf harbour and Gotzleb harbour? A. Yes, sir; very high; I suppose one thousand feet high be- tween the two harbours. Q. And this Gotzleb harbour is a very easy harbour to get into? A. I don't know; I didn't go into it, and I liad no chart of it. Q. Do you know what the Captain of the ship was doing at the time it was .seized? A. No, sir; of my own knowledge I do not know. 40 Q. Do you know it from any knowledge you got from your officeis at the time? Mr. Pooley: This, my lord, is not evidence. The Court: He can speak of that on cross-examination. Q. As Captain of the ship "Mohican," Mr. Johnson, did you hear from the officers who had been sent to seize the "Oscar and Hattie," what the Captain of the "Oscar and Hattie," or the crew, were doing at the time that they were seized? A. I heard from some that their boats were out. For what purpose I do not think that I ever 50 heard. Q. Didn't you hear that their boats were out between the ship and the shore getting water? A. I did not. Q. You never heard that. Well, you know a good deal about the Behring Sea, don't you Captain Johnson? A. I know a little something about the Behring Sea, having gone twelve or fifteen thousand miles m it this cruise. Q. You don't think that they were out sealing aiound Attou? A. I do not. Q. Isn't it a fact there were no seals in the neighbour- 60 hood of Attou? A. I don't think we had seen any within a couple of hundred miles of it— perhaps more. Q. Is it not a matter of notoriety that the neighbour- hood of Attou is no place for seals; that thej' do not fre- quent that locality? A. I don't know about notoriety, or not. L>;u ■■! ^Exhibit No. S").) Q. You don't know from notoriety, but you did not see any within two hundred miles; A. I should say within two hundred miles. Q. And you had just come into Tschitschagoff harbour from Pribyloflf Islands!! A. No, sir,! had come from Oun- alaskn. Q. North of the Aleutian Islands? A. Yes, sir. It is 10 about eight hundred miles to the eastward of Attou. It is the next island west of Ounimak Pass. Q. Is it on the mainland? A. No. sir; it is on the island; it is on one of the larger islands there. Q. Well, now, where are the gieat feal rookeries; are they near the St. Georges and Pribyloflf Island? A. Yes, sir. Q. And those are the American islands? A. Yes, sir. y. And they are in the Behiing Sea? A. In the Behr- ing Sea. In the American jiait of the BehringSea. 20 Q. In the supposed American portion of the Behring Sea? A. Yes, sir. g. Didn't the Captain of the " Oscar and Hattie" tell you he was on his way to Victoria? A. I should say so, yes. Q. Yes, ho told you on his way to Victoria. And didn't he tell you that his sealing was over? A. I don't re- member. Q. You don't remember? A. It is my impression now that this season was practically over, and that he was on SOliis way home from Copper Islands. Q. Your impression is that his season was practically over, and that he was on his way home from the Copper Islands? A. Yes. Q. And, ashe told you, he ran in theie for water? A. Yes. Q. He told you be lan in there for water? A. Either he or the officers told me; I cannot separate one conversa- tion from the others. I}. You cannot separate one conversation from the 40 others at the time? A. At the time. Q. As a matter of international courtesy, isn't it a fact that a ship in distress, of another notion, oi' a ship in need of water, can go into any port without being seized, to take water? A. I think it is a question of local laws. I am not familiar with our revenue laws. Q. You are not familiar with your revenue laws? A. No, sir. Q. Do you know that from notoriety? A. I know this much, that a ship in distress is generally granted a great 50 deal of license. Q. A ship in distress is generally granted a great deal of license? And you say this vessel was se'zed for being in prohibited waters. You don't mean that the Behring Sea is a prohibited sea, except for the special purpose? A. Except for certain purposes. Q. You mean prohibited waters for the purpose of seal- ing only? A. For the purpose of sealing only. Q. You were under the impression he was on his way to Victoria at the time? A. Yes. 60 Q. Ho told you so? A. I think so. Q. And his sealing season was practically over? A. Yes. Q. And that he had been sealing for some time in the neighbourhood of Copper Island, and that he had just im- yjit 235 (Exhibit No. 85.) mediately before that come from that locality? A. That is my understanding of it. Q. And that he had gone into this place for the purpose of getting water? A. Yd. The Court: Q. What did vou find on boai'd her; did you find sealing implements on hoard her? A. Yes. sir; guns, sealskins, and boats; I found the ordinary sealing outfit. lo Q. Any bodies of seals? No, sir. I am swearing what — I didn't go on board myself. The Court: Q. You did not search her at all? A. I did not go on board of her The Court: Q. You do not know then? A. 1 know there wore guns, because I got them. The Court: Q. You got some guns; you don't know where? A. I know they came from her, surely. Q. Did they not get some jirovisicmsfrom yon? A. They did, I think; I don't remember e.xactly what it was; beans 2oand rice, 1 should say. Q. Beans and lice, at that place, Gotzleb Harboui? A. Yes, sir. Q. Did not the Captain of the ship tell you that his grub was running short, and that he had just enough to carry him to Victoria? A. I don't think he told me he hadn't enough to get home with. Ke-examined by Mr. Pooley: Q. Did you give iiim the beans and lice, Captain John- son, after you had oidered him to Ounalaska? A. Yes. 30 y. And was it in consequence of your having ordered him to Ounalaska that you gave him those beans and rice? A. It was partially for that reason, and partially because he said he was shi)rt. The Court: (^. What sort of a place is Attou Island. Is it populous? A. No, sir; I think there are about SO people on it. The Court: Q. Have they got much spare provisions? A. They have none. The Court: Q. None whatever. A. None whatever. 40 Tlie Court: It was a fortunate thing for this starving crew they came in there; Victoria was a great deal farther off? A. They could not get any provisions; yes, a great deal farther off. Tlie Court: Q They would have been in dreadful dis- tress? A. 'I iiey could not have got any provisions there; they might have got a few chickens; I tried to buy some and could not. The Court: Q. Do yo'i think they could have got it at the Piibyloff Islands? A. That is as far off, very near, as S'^it is to Victoria; tiiey could not have got there, I don't think. Witness excused. William Kelley Harrison being called on behalf oi' petitioner, and duly sworn, testified as follows: DiKECT- EXAMINATION by Mr. Pooley. Q. Your name, Mr. Harrison? A. William Kelley Harrison. Q. Did you on or about the Slstday of August seize a , vessel called the " Uscar and Hattie ?" A. I did. Q. At that time what was your occupation? A. An officer attached to the United States steamer " Mohican." Q. Did you seize the vessed under the orders of Captain Johnson? A. I did. Q. Now, what time of the day was it that you firet saw that vessel! A. About two o'clock in the afternoon. i 'i' 2M« (Exhibit No. 86.) O. Did you seize her then< A. I did not. Q. Wl)iit did you do? A. I was sent around for the purpose of seeing; whether there were any vessel.s there, and 1 discovered tiiis schooner about two miles over there, and retinned to the " Mohican " and made my report. At four o'clock I was sent around to seize her. I 8eiz«Kl lier shortly after five. 10 Q. When you went to the "'Oscar and Hattie" wliat did you find? A. I found several of her boats down. Q." How many? A. Four or five, all but one of which were hanging at the stern; another one was under way from the shore, with two or thiee men in it. It was tlien late in the afternoon. Q. What time was it that you seized her after five o'clock? A. I should say between five and half|)ast five. The Court: Q. Was it late, at that time of the yairi you say it was late in the afternoon? A. I should call 20that generally speaking late in the afternoon. It was on the ;5oth of August, wi-stern time. Q. At what time did the sun go down? A. Sometime about half-past seven or eight o'clock. But at that time the sky becii me cloudy, and theie were hills around; so that T should say it was, from the looks of things, late in the afternoon. The Ctiint: i}. You saw several boats down in the water? A. Yes, sir. Q. They were all hanging at the stern of the ship except 30 that one, and that one was making off from the shore with two men in it? Q. Two or three men Q. Had any of the boats vou saw hanging at the stern of the vessel water casks in them? A. I did not notice any. Q. Did you see any guns which were used for the pui pose of killing seals on board that schooner? A. I did. Q. Where were they? A. They were set in the racks in the cabin. Q. In the cabin. Is that the usual place for sealers to 40 set their guns? A. From the sealers I had seen it seemed to be the usu;'l place. Q. Is that the usual jdace they set them when they are in active work? A. In active work each hunter has bis boat and takes bis guns with him; I don't say that he carries more than one gun or not; but there is a hunter for each boat. Q. Where do they keep the guns on board the ship when they are in active work? A. They keep them in the racks. 50 Q. They keep them in the racks? A. Yes. Q. Did you notice any guns in those boats aft? A. I did not. Q. Did you see the sealskins on boaid? A. I did not. Q. Do you know there were any sealskins on board? A. The master told me that he had some sealskins on board; and he told me he had some down on the " Coquitlam." Q. The master told you that he had some sealskins on board, and that he had some down on the "Coquitlam?"' A. Yes. 60 Q. Lost some skins? A. He had 171 skins on the " Co- quitlam " when she was seized. Q. Did he tell you the number he had on his own ves- sel? A. He did tell me, he had 27tl on board. Q. 276 on board his own ship. Did you gather then from what you saw and heard, Mr. Harrison, that the schooner 9B7 lExliiliit No. s.'i.) was in a position wifli Iki' ini|)lt'mtMits to seal? A. Itliink that it \v(jiil(l have iicen a \vvy sitnplf iiiatter to have taken tlie ^unH out of the racks and put tlie auiniunition in the hoats, and gone out with the hoats. CK()ss-k.\.\mi.\ati().\ liy Mr. KhcitH: C^. You say it would have heen a very easy matter to have jione out seaUnf;^ A. Yes. sii. lo Q. From where they were there? A. If the seals had heen close i»y. (}. I was goinp; to ask yon if they could find seals to kilW A It would have heen a very easy matter to have gone foi' them Q It would have heen a very easy matter to liave gone for tlieni if theit- had l»een anv seals tf» kill. Aio there any seals in that locality? A. I did not st^e any. Q. You know a good deal al)out Helning Sea, Mr Hai- rison? A. Only what I observed in cruising around, and 20 talking with the people. U. t)nly what you ohserved in cruising around, and talking with tin- captains of schooners? A. Talking with the captains of schooners and the agents aroinid. Q. In the United States service. Isn't it a fa alonj.'side? A. I was lielow when the boat came alongside. Q. Did tile captain of the ship tell yon thnt he was taking on water there? A. He did. 0. Did he not tell you that he had taken on about I.TjUO gallons of water? A. I cannot say that he did. C^. Did you give him instructions to go on taking in his 40 water? A. I don't remember; I made no objection to it. y. Y'ou made no ohjection to his going on and taking water. Did they take some water on after you got there? A. I cannot say. The crew seemed to have been mainly on the ve.ssel at the time. Q. Did any of the boats come from the shore while you were on board? A. I have said that one boat came along side after I got on hoard; this is the only one that I know of, except a boat from the " Mohican." Q. And it was an uninhal)ited place? A. That part 50 of it. Q. That portion of t.he island was uninhahited? A. 'that portion of the island was uninhahited. Q. Did the captain of the ship tell you that he had just come in there from the neighborhood of Attou Island? A. He did. Q. And tliat he had left the neighhorhood of Copi)er Island two or three days before? A. Yes, sii-. Q. And that for a month previous to tl.at he had been fishing in the neighborhood of Copper Island? A. He 60 said that he had been hunting in the neighborhood of Copper Island. Q. And that he had not been fishing in Behring Sea at all, that is so far as the prohibited portion of the Behring Sea is concerned? A. He told me that he had not. m 2H8 ;i ' (Exhibit No. sr>.) Q. He told yuu tliat he luul not; ain! ^hrif I,e had simply gone into this haibonr for waterC A. Yes. Q. Tt.at he was short of water? A. Yes, sir. Q. Di(. he tell you he was on his way to Victoria? A. Yes. sir. i). And that his fishing season was over; that his seal- ing season was over at the time? A. He may have told lome that; I don't remenibe!-. Q. Did he tell yon .ilso tliat he was short of provisions? A. It was my understanding that lie had provisions enough to go to Victoria direct. Q. It was enough to go to Victoria direct and nothing more? A. Nothing more. Q. And that lie possibly run short if he had some very rough weather on the way down? A. He thought that he might run short by stopping at Ounalaska; he thought so; he could have gotten jnovisions in Ounalaska, how- soever. C,). He could have gotten |>rovisions in Ounalaska. The way from Coppei' Island to Victoria would take them close by Attou Island, on the south side? A. It would take them consideraide distance to the eastward of Attou Island; I cannot say how far, but lean show which pas- sage they would go through most likely. Q. If they came directly down from Copper Island on the outward passage? A. If they went directly down he would very soon get out of the Behiiug Sea 30 Q. Were you at Ounalaska when he arrived there? A. I was not there when be arrived. Q. Were you there shortly afterwards? A. Shortly afterward. Q. Did he not buy a little provisions there? A. I cannot say. Q. You do not know of your own knowledge? A. No, sir. Ke-k.\.\mination by Mr. Pooley. 40 ^- Would it be necessary to take so many boats as that out to get water? A. If he were in a hurry to water, why of course it would be better to take all of his boats. It is a hard matter to obtain fiesh water at that place, and of course he could work then all of his boats at one time if wanted to. Q. But he hadn't them all down? A. I should say that there were some boats on deck; two or three. Questions by The Court. 50 Q. How many boats had he all together then? A. There was one coming from the shore, two or three on deck Q. And how many at the stein? A. I cannot say, sir, the exact number of boats that be had; but I should say tliat he had all told t^even or eight boats — sealing boats. Q. How much water did be bring at a trip in each boat? A. [ do not know v.'hat his arrangement was for water; T could not say about that; he may have had canvas tanks to fit in liis boats, and bring it in in that way, or he might have brought the water in loose in his boats, or he may 60 have brought it in casks; the boats are very buoyant and they would carry a great deal of water. Q. How far was it from the boat to the shore, to the stream? A. I have never been to the stream from which this boat was coming; I know there is a stream there, and I should judge from what I know of the harbour that it 2;i!t (Exhibit Xo, sr).) could not have been furtlioi' tliaii a mile and a half or a mile. U. If he had made dispatch he could have filled his boat and supplied his vessel with watei- and got away before you got there at all? A. I had seen him about two o'clock in the afternoon, and to have gotti :i out without o"i see- ing him he would have to mokC very great dispatch. VV^e loknew he was there from the forenoon. Q. From the forenoon? A. Yes. by a report of a native, who said that theie was a schooni'r in that harbour. Q. You did not know before th;;t day that he was there? A. No. sir. Q. You did not come in to chase lier? A. No. sir. y. What sort 6f weather had you when you pulled around there? A. There was no wind to speak of but a very heavy swell coming in from the northward and west- ward. Tlie swell at the end of the harbour was small—- 20 very slight swell. Q. A swell from the nortbwai'd and westward would not indicate very bad weather from the direction of Copper Island? A. It might indicate a strong drive from the direction of norward and westward. t^. From Behring Straits; that would be norward and westward; that is where the swell came from? A. The swell came from norwaid and westward. Q. Then that would come from Copper Island? A. Yes, sir. 30 V. That would indicate norward and westward? A. Yes, sir. Q. And the schooner might have been knocked about theie. Witness exciised. Mr. Pooley: That closes our case, my lord. RESPONDENT'S EVIDENCE. The Respondent put in evidence the t<>stimony of Tiiomas Turtle, heretofor:- duly taken in this case on the 403rd day of December, i 'ii. Joseph Bkown. beir.g called on behalf of Respondent, and sworn, testified as follows: DujECTEXAAiiNATioN by Mr. Eberts: Q. I believe your name is .loseph Brown? A. Yes, sir. Q. You were on boaid of the "Oscar and Hattie," were you not? A. Yes, sir. Q. Were you on board of hei' when slu' was seized? A. Yes. sii'. 50 Q. Where was she sealing just prior to being seized? A. Off Copper Island. Q. Had she been around Copper Island for .some time? A. Yes. sir; right along. Q. Right along she had been sealing off (upper Island? A. Yes. sir. ^ (,). Do you remend)ei- about the time that yctu left Copper Island? do you remembei' when you started for home? A. I couldn't very well tell now. sir. g. I don't want the day of the month, but do you 60 remember when you started away? A. I lemember when we started going'in the nearest place foi' water; we were short of water, and we were on the way for Victoria. g. When vou started fiom the vicinity of Copper Island did you start for Victoria? A. We were on the way to Victoria. pi t ' you would he short sir, A. Yos, sii', we wcie 240 (Exhihit No. sr>.) Q. And you were sliort of water? A. Yes, sir. we were short of water. Q. What was your position on hoard? A. Hunter, sir. Q. Were you tliere in (iotzleh harhour after that, when they cairie in for water? A. Yes. sir. Q. Did you iielp to taK'e it in? A. I helped to find a pl.'tce for water, lo Q. Who (hd you go with? A. I went with a couple of tUv hoys. A. And you found a place for water? A. Yes, sir. (}. And did you see them take the water in? A. Yes. <^>. Did tliev take a good deal of water in? A. Yes, sir; took a good deal of water, to make sure to get home. Q. Took a good deal of water to make sure to get home? A. Yes. sir. Q. At that time yon were afraid hefore you got to Victoria? A. \es 20 Q- ^'ou were short of grub too? a little short of giuh. A. And was the sealing season over there foi' you? A. Yes. sir; it was past; it was blowing a pretty strong bree/e tlu're for (]uite a wiiile, and we thougnt we couldn't do anything and the Captain saiil we would go home. (^. it was hlovviiig a good bieeze off of Copper Island? A. Yes. and from Copper Island until we reached Attou, and in the afternoon when we got in there it moderated down 30 (,). Ill the afternoon when you got there it moderated down? A. Yes. sir. Q. And the next nioiniiig you started to take in water? A. Yes, sii: the next day. Q. And you were seized that next day? A. Yes, sir; seized in the afternoon. Choss-kxam .NATION by Mr. Pooley. Q. Were you heating about oft' Attou Island long before you got into Attou Island? A. Yes. sir; beating around liiokii'g for this haibour; looking for a harbor to get in; 40 and this was the only one we could see any ways into to get in. Q. How long had you lieen lying off of the island before you go in? A. .About three hours. Q. Why didn't you go on the south side? A. We couldn't very well get in. Q. Wliat was the trouble? A. The Captain said it was rather rough to get in; and be didn.'t know that there was any harhour there to get in; and this was the only one we could get in. 50 Q, It was pretty rough outside at the time? A. Yes, sii'. it was pretty rough outside. Q. Whicn way was the wind coming at that time? A. The wind was westerly, 1 believe, sir. Q. How did you take the water into the ship? A. In boats. Q. In the boats themselves? A. Yes. sir; and we dipped it with a bucket from the stream. y. Did it make tlie water i)retty dirty? A. No, sir; we washed the boats out first before we took any water. f>o Q. Were you using the whole of the bouts in taking- water? A. No. sir. Q. How many were there, five? A. There was a lot went up theie, and we turned the boat over edge-ways and took the water in. and went alongside and dipped the water out in buckets in the funnel. 2n (Exhibit No. s,-).) Q. How many boats were yon using? A. Three boats. Q. Used three boats? A. Yes, sir: the other three boats were around on the sides, scraping the sides. Q. Did you see the smoke of the steamer over the island as she was commg into Tscbitschagoff harbour? A. No, sir; not tliat I know of. Q. You did not see it? A. No, sir. ro Q. Why didn't you commence taking in water before one o'clock in the day? A. We were looking for a good place; there was a pretty big swell riuming in there, and we were looking for a good place so it would not sweep the boats. Q. Were there more than one (.'reek there? A. There were two creeks there; one creek was breaking i)ietty heavy, and we went further along, about a mile, I believe, and saw a place we could dip watei-. Q. And that made you so late commencing to take it in? 20 A. Yes. sir. Q. What time did you start out in the morning to hunt that place? A. About eight o'clock in the morning, a little aftei' we got breakfast. Witness excused. Mr Eberts, Solicitor for tiie Respondent, called for Mr. Baker stating that be proposed to ))rove by him that there are no seals in the neighbourhood of Ati-oii at all. and that the nearest jjlace where seals are found is somewhere in the neighbourhood of Too miles from Attou. 30 Mr. Pooley. Solicitor for the Crown, admitted that the neighbourhood of Attou is not the I'egular sealing grounds. Mr. Roberts: If it would iielp your Lordshiji any, 1 could call Mr. Penny, the managing owner of this com])any who are the owners of the "Oscar and Hattie." to say what were the instructions tit the captain of that ship; that by no means was he to go info Bebring Sea. The Court: I assume that the instructions to the captain were that he kee|) the ship out of (lang< Mr. Eberts: I am sorry to say that w. luive not got this 40 mate of this " Oscar and Hattie" here. We only knew about three days ago when this trial would come on. and we have not been able to find tlie mate. Mr. Pooley: An order was made for the examination of the mate, and he ought to have been examined the sam,' day that Mr. Turtle was examined, on the third day of December. Mr. Eberts: We tried to get the evidence of the mate before, and we were not able to. The Couit: If you have no more evidence, you can sum soup and Mr. Pooley will reply. The solicitors argued the cause, after which it was taken under advisement by the Court. JUDG-MENT OF SiR MATTHKW B.\ILUK BeGBIE, L. J. A. "In this case the Court is asked to condemn the "Oscar and Hattie" for a contravention of the Behring's Sea xVct 18yi, chapter 1!>, section 1, sub-section 2 b: 'A British ship shall not be used in such killing, bunting, or attempt- ing.' i. e., killing or hunting or F.ttempting to kill or hunt 60 seals in the prohibited limits. By sub-section 5 of the same section of the Act: • If a British ship he found within the prohibited limits having on board fishing or shooting implements or seal skins, etc., the onus shall be on the owner or master to show that the ship was not used or employed in contravention of the act.'" ■t. I 242 (Exhibit No. 85.) " The ' Oscar and Hattie ' left Victoria on a seah'ug voy- age on the 28th January last, and took a new departure from Yaquina, in Oregon, on the 18th February. She was seized on Wednesday the Slst August last (schooner's, i. e. Victoria time, disregarding the 180 degree long, limit) in Gotzleb harbour, on the north side of Attou island, and so within the prohibited waters; having on board a full 10 equipment of arms and crew and iJ76 seal skins, and ad- mittedly in all respects within the express terms of sub- section R. And the sole defence is that the schooner was in that harbour, and in fact in Behring Sea at all. solely for the purpose of procuring water, for want of which she was quite unable to ]ir()stcute her return voyage to Vic- toria. The defence admits that the schooner had on the 17th June, ls!»:i, been duly warned not to enter liehring Sea to fish there, and served with a copy of the Act. The captain being examined on commission, declared that the 2o schooner bad entered the prohibited limits the day before tile seizure, but only in search of water. That all the seal skins on board had been secured outside those limits, viz. : a little to the southward of Copper Island, nearly 2(»(t miles from Attou, and about 1y, or necessary for. the prosecution of her general pur- pose; of which, indeed, it thus becomes a part; and though colourless and indifferent in itself, becomes illegal, just as much as lowering a l)oat, if performed as a part of the illegal use or employment of the ship. In a word, if the schooner was shoit of water on August 81, it would be necessary for her to take a fiesh supply, what- ever she had been doing or was about to do, whether en- gaged in sealing or on her retuin to Victoria; and the taking of such supply throws no light vvhatever upon her 30 plans or purposes or eniployment. The question therefore recurs, what is the evidence offered in rebuttal? At the end of the argument I reserved my decision, intimating at the same time that the conduct of the schooner had at the very least been so suspicious as fully to warrant the seiz ure on the part of the naval officers of both services. I wished also to examine the log and the courses it records for the whole voyage, about which really nothing bad been said in argument. And the log produced certainly throws a strong light on the truth of the case. In Captain 40 Turtle's evidence the only statement in exoneiation is in ambiguous terms — ' I never lowered a boat in Behring's Sea,' is his expression, which he again repeats, and a third time adopts when repeated to hiin by his counsel, except- ing, of course, the boats in Gotzleb harbor on the ;^lst August. He uses no other expression of denial. 1 do not wish to attribute to him any desire to deceive the Court or his owners, but many of his statements— nearly all of them — are so flatly contradicted by the statements in the log. by Commander Johnson, and even by bis own evi- Sodence. that all his words are to be carefully weighed, and it is impossible to carry them further than the dry mean- ing they express. It is evident that be does not. in ex- press terms, contradict the charge that he was in Behring Sea attempting to hunt seals, and that the schooner was employed for that purpose. All he says is that he him- .self never lowered a boat there. To understand the accu- i-acy of Capt. Turtle's memory, and the credit his state- ments deserve, we must compare them with the log, with his own statement and with the other evidence in the 60 case. Now bis own statement made on oath, is that he made up his mind to get water on Friday the •2^>th August, wlien 40 or 5(1 miles south of Copper Island, immediately before bearing away for Atton Island; that he could not make the south side of Attou Island on account of the wind, and that his want of water is the only reason why Ilk a'^M I' !■ 1>U (Exhibit No. S5.) he was found witliin Beliriiijr's Sea at all. Every one of these statements is contradicted by the entries in tlie loj;. On the 2'tith the log makes no mention of scarcity of water, but states tliat at noon that day they sighted Cop- per Island io miles off, ran for six hours northwest, which must have taken them pietty well up the coast of Copper Island, and then, /. e., th, coin- lomenced a southeasterly course, on the average, for about ♦iO bonis. Then the log for the Hist time mentions a sliort- ness not of water only but of fuel also, and that Captain Turtle resolved to find a supply of both (/. c, water and driftwood) "here." This was at noon on the :ii»tb, up to which time their course seems to have been well enough directed for Victoria. Tlie distance run each day, as well as the rate per hour, is entirely from ilielog; but it seems reasonable that on the •_".ttb August they should be well to the southward and eastward, not of Alton Island meivly. 2obut of Aggiitton. an island ir> or 2o miles south of Atton; an appreciable distance on the return to Victoria. Then, according to the log, the master, making for water and fuel, turns, bis course com|»ietely round, viz., westward, in ci>nse(jiuMKe of which maiueuvre, about 1(> p m. Ag- guttou Island is stated in the log to be abeam; and they double the west end of Attoii Island the following morn- ing, the :5()tb. Soc()ini)letely does the log contradict the master's statement that he could not make the south side of Atton Island for the wind, whereas be had just come 30 from the south side. Of couise, it may be that there is no convenient watering place either on Aguttou or on the south side of Att.m; but that is not what the master says was his reason for making Gotzleb Harbour. " The master's evidence is also contradicted as to the state of the weather (m Gotzleb Harbor. The log alleges the wind to be stormy northerly; cloudy and lainy; the master describes the >vay as an ojien roadstead facing due north, but that he was protected ;igainst the heavj- sv,'ell - " rough, stormy, with a heavy sea," — by a ireslerhj 40 bluff, which could hardly .irotect him from the north. The log says nothing of this. Commander Johnson's evi- dence contradicts it; and the state of the weather on this lee shore did not prevent the schooner taking on boaid 1500 gallons of water in two or tbree boms when he once commenced operations. Captain Turtle's evidence (in itself not very probable) as to the statements of Com- mander Johnson, immediately after the capture, concern- ing the steamer's previous movements, of which the Com- mander could, of course, absolutely know nothing, is 50 completely contradicted by the Commander himself. Js'or does Captain Turtle fail to contradict himself apparently. ' Gotzleb is the harbour I know ' (p. -1). ' I did not want to go into Tschitschogoff Harbour but Gotzleb (p. .S). But at p. 11 he has forgotten bis prefeience, and says he went into Gotzleb as the only one he could make with safety. By his evidence also on the same p. 11, Captain Turtle appears never to have been in Behring's Sea in his life, ex- cept on this unfortunate occasion. How did he know these two harbours so well as to distinguish between their char- Co acters? He says he had no chart except the general chart of Behring's Sea, on a scale, I suppose, of some 40 miles to the inch; and his deposition leads one to suppose that he had no other sources of information; and (p. 11) he had never l)een on a sealing voyage before. How then did he know? This seems to have struck even himself a 2+5 ^l^i (Exhibit No. s.").) little, for when asked why he went into that particular harbour, he says in the same page, after giving a very bad account of the weather: * It was the only harbour I could make out that I thought it safe to go into.' And this witness is very cautious about bis statements, for at p. 13, he for long declines to commit himself to the state- ment that Aleutian Islands are tlie south boundary of loBehring Sea, though he was warned by the United States steamship " Adamt*," and furnished with copy Proclama- tion, Act of Parliament, and Order- in-Council. Clearly none of these statements by Capt Turtle can be relied on for rebutting the statuttiry inference which I am com- manded to draw from the equipment of the schooner. "Then I was referred to the log, and ceitainly the entries there show, if they can be relied on, that the ' Oscar and Hattie ' did not during the month of August enter on the forbidden limits, except with an innocent 20 purpose. But upon the log. as produced, there ai'e many remarks to be made. In the first place 1 apprehend that in these proceedings the statements in the log, like the entries in a nieicliant's ledger or day books, may be evi- dence against the owners but not for them. In the next place, on examining the band writing, the whole appears to have been written by Peters, the mate, as it professes to be, certainly, I think, by a German; and the last entry states their arrival at Ounalaska on the 5tli of September. The original log book ought surely to have lieen taken 30 into the possession of the captors when the schooner her- self was seized, and carefully retained by them. Then the entries would have been beyond suspicion, and would, perhaps, have contained much information which is now wanting. " 1 do not quite understand how the log book has been treated since August 31. At p. 5 the master says it was seized by Ensign Harrison on August 31st; but it nnist have been returned immediately, for Peters, the mate, continues to make entries up to the arrival, on Septem- 40 ber 5th, at Ounalaska. The master's statement is either untrue or disingenuous in not stating this clearly; if he and Peters had contemplated the construction of a fictitious log, they had most ample opportunity. And the pro- duction of a log book of this character, under the circum- stances, merely adds to the suspicious nature of the whole case for the defence. But the curious thing about this log book is that, although it is called on the title page, 'Log of the Schooner Oscar and Hattie on a voyage from Victoria to the North Pacific' a title which is re- SOpeatedat the head of each page up to the 26th or 27th of August, and although we are told that the schooner first left Victoria on the 28th of January, and received her present master and sailed from Yaquina on the 18th of February, the log produced connnences on the 30th of July at some point off Copper Island. There are six months unaccounted for, and this is the only log book referred to or mentioned in argument. Under the cir- cumstances it seems very doubtful whether Captain Turtle's statement in his deposition or the mate's in the ^log as to the transactions in August is the less entitled to credit. But even if one of them be exactly true, I do not see how it proves more than this, that during one month out of the seven, from the 20th January to the 30th August, the schooner did not contravene the Act. Neither the log nor Captain Turtle speak of the other i Iter 24« (Exhibit No. «5.) six months. There is, therefore, no rebutting evidence at all except Captain Turtle's wide declaration that except on the 30th August, he never ' lowered a boat ' in Behring Sea. This does not even amount to a point blank denial that the ship was employed in hunting in contravention of the Act. And for the reasons above given, the case being otherwise full of suspicion— no log lo book for June or July, no tender of Peters for examina- tion, no explanation of the direct contradiction between the log and the master's statements in examination, I do not think this sufficient to rebut the statutory presump- tion, though if these proceedings had been against indi- viduals, a jury might have hesitated ia favorem libertatis to find them guilty of a misdemeanour. I therefore de- clare for the condemnation of the schooner, tackle and cargo under the Act. Any application respecting the fund in Court or other fruits of the capture may be made to me 20 in Clu.mbers. 1 suppose the successful captors do not apply for the costs. If they do I must award them against the owners. "If I am wrong in my construction of the inference to be drawn under section 5, there is now a cheap and ready appeal Court at Ottawa; it is no longer necessary to have recourse to the costly and tardy appeal to the Privy Coun- cil." Order for Judgment -Thursday, .'irn Day op January, isya. 30 The Judge having heard Mr. C. E. Pooley, Q. C, of Counsel for the Crown, and Mr. D. M. Eberts, Q. C, of Counsel for the ship "Oscar and Hattie," and the owners thereof, and upon reading the pleadings herein, and upon hearing the evidence of Henry S. Johnson, Commander of the United States ship " Mohican."' and of William Kelly Harrison, an officer of the said ship " Mohican," and of A. R. Milne, the Collector of Customs at the Port of Victoria, and the evidence of Joseph Brown, and upon reading the evidence of Thomas Turtle, master of said 40 ship " Oscar and Hattie,'' taken .)efore the Registrar of the Court under and by virtue of an order of this Court made in this action, and the Exhibits produced, marked "A," "B," "C'and "D," viz.: (" A.") The Log Book of the " Oscar and Hattie." ("B.") The chart of Behring's Sea. ("C") The copy of the Register of the ship " Oscar and Hattie." ("D.") And the Order in Council passed by the Court at Windsor, !>th May, 18!t2, condemned the said ship 50 " Oscar and Hattie " and her equipment and everything on board thereof as forfeited to Her Majesty for contia- vention of the Act known as the "Seal Fishery (Behring's Sea) Act, ls»l ;" and further that the costs of this action be i)aid by the owners of the said ship "Oscar and Hat- tie " to Her Majesty. MATT. B. BEGBIE, L, J. A. Order for Further Time to Appeal. The 3rd day of Febmary, 1893. qq Jpon hearing the solicitors on both sides, it is ordered that the said defendants do have thirty days further time within which to appeal from the judgment pronounced herein on the 5th day of January, 1893. MATT. B. BEGBIE, L. J. A. 247 (Exhibit No. H5.) Notice of Appeal to Supremr Court of Canada. Take notice that the above named appellant is dissatis- fied with the judgment delivered on the 5th day of Janu- ary, 1893, by his Lordship Chief Jiistit^e Begbie, and that an appeal will be had to the Supreme Court of Canada at its next sittings to be held on the 21st instant. Dated this Hrd day of February, 181(3. 10 Mclntyre. Code & Orde, agents for Messrs. Eberts &, Taylor, Solicitors for Appellant. Certificate of Payment in of Security for Costs. I knowledge to having received from Me.ssrs. Mclntyre, Code & Orde the bum of Fifty Dollars Security for Costs in this appeal from the Exchequer Court as provided by the rules in that behalf. Dated this 3rd day of February, 1H!>3. "ROBERT'CASSELS." 2Q Registrar. Notice of Setting Down Appeal. Take notice that we have this day set down this Appeal for hearing at the next Session of this Court, to be held in the City of Ottawa on Tuesday, the 21st day of February, A. D.,'18'.»3. Dated this 3rd day of February, 1893. McINTYRE. code & ORDE, Agents for Messrs. Ebert's & Taylor, Solicitors for Appellant. 30 To O'Connor, Hogg & Balderson, Agents for Solicitors for Respondent. IN THE EXCHEQUER COURT OF CANADA BRITISH COLUMBIA ADMIRALTY DISTRICT. Between Her Majesty the Queen, Plaintiff, and The Ship "Oscar and Huttie," her equipment and every- 40 thing on l)oard of her, and the proceeds thereof, Defendants. Action for Condemnation. The Sth (lay of April, 1893. Before the Honourable Sir Matthew Baillie Begbie, I ocal Judge in Admiralty. Upon the application of the Defendants! Appellants) and upon hearing Mr. D. M. Ebeits, Q. C. of Counsel for tiie Applicants and Mr. C. E. Pooley, Q. C, of Counsel for the Defendant (Respondent), and upon hearing what was 50 alleged by Counsel aforesaid I do order that the Log Book and all other exhibits in this case which were put in upon the trial of this action be forwarded to the Registrar of the Supreme Court of Canada at Ottawa and form part of the Case on Appeal herein. And I do further order, that the said printed case on appeal do consist of the following: Short Statement of Case. Order for Pleadings. Pleadings:- Petition. Answer, Reply. 60 Order for Examination of Thomas Turtle. Transcript of Examination of Thomas Turtle. Transcript of Evidence Taken at Trial. .5J Reasons lor Judgment of Begbie, L. J.^A.] Order for Judgment. Order for Further Time to Appeal. 248 10 (Exiuoit No. H5.) . Notice of Appeal to Supreme Court of Canada. Certificate of Payment in of Security for Costs. Notice of Setting Down of Appeal. Order Setting Case on Appeal. MATH. B. BEGBIE, L. J. A. "B." IN THE SUPREME COURT OF CANADA. Tuesday, the twentieth day of February, A. D. IHiH. Preserit— The Honourable Sir Hknky Strong, Knight, Chief Justice. •• " Mr. Justice Foukniek, " " Mr. Justice Taschereau, " " Mr. Justice GwYNNE, " " Mr. Justice Sedoewick, " " Mr. Justice KlNQ. Between 20 The Ship " O.scar & Hattie," her equipment and everything on boaid of her and the proceeds thereof, (Defendant) Appellant, And Her Majesty The yueen, (Plaintiff) Respondent. The appeal of the above named appellant from the judg- ment of the Local Judge in Admiralty of the Exchequer Court of Canada in and for the Admiralty District of Brit- ish Columbia, pronounced in the above cause on the fifth 30 day of January in the year of our Loid one thousand eight hundred and ninety-three, having come on for hear- ing befoie this Court on the twentieth day of October, in the year of our Lord one thou'sand eight hundred and ninety- three, in the presence of Counsel as well for the appellant as for the respondent, whereupon and upon hearing what was alleged by Counsel aforesaid, this Court was pleased to direct that the said appeal should stand over for judgment, and the same coming on this day for judgment, this Court did order and adjudge that the 40 said appeal should be and the samo was allowed and that the said judgment of the Local Judge in Admiralty of the Exchequer Court of Canada in and tor the Admiralty l^is- trict of British Columbia should be and the same was set aside and reversed, and that the action of the (plaintiff) respondent, for the condenmtttion of the said Ship *' Oscar & Hattie " and her equipment and everything on board of her and the i)roceed'i thereof should be and trie same was dismissed. And this Court did further order and adjudge that the 50 said Ship " Oscar & Hattie " andherequipujentand every- thing on board of her be restored to the owners thereof, or, in the event of the said Ship " Oscar & Hattie," her equipment and everything on board of her or any part thereof having been sold by the said respondent either be- fore or in pursuanc* - f the said judgment of the said Local Judge in Admiral! \ >f the Exchequer Court of Canada, that the aniounl.^ reahzed upon any such sale or sales be forthwith paid to the owners of the said Ship ''Oscar & Hattie " with all interest (if any) accrued thereon. 60 As this Court did further order and adjudge that the owners of the said Ship " O.scar & Hattie " are entitled to recover from the said respondent their costs incurred in the said cause as well in the said Exchequer Court of Canada as in this Court. 24)» (Exhibit No. sft. > And this Court did further nrdt'P and adjudge that the sum of fifty dollars paid into this Court on behalf of the said appellant as security for the costs of the said appeal he forthwith paid out to the owners of the said Ship " Oscar «& Hattie," or to the person or persons duly author- ized bv them to receive the said smn. 10 1893. 't'ct. -^x. 1894. ♦ Feb. 20. 20 40 w 6o '•C." The Ship "Oscar and Hattie" (Defendant), Appellant, and Her Majesty the Queen (Plaintiff), Respondent. On Api'kal khom thk Admikality District ok Bkitism Columbia. ft4 (ti ^^ I'lV/. [Imit.) c. I'j .SVC. 1. Hiifwi'. li — I'renftn-e of n lii-ilitih ship ei/tiip/xi/ for srnlhttf it! nehritifj Sra^tfiiux pruhatidi Lawfal iultiiHou, On Sntli AuKiHl, 181tl, the sliip " Uavur iiiul llatlic" « fully ('qui|>|ii'on lli« owner or innster to rebut by po.titive evidencu that the veeael ia not theru used or employed in contravention of the Seal thhery (liehriiig'n Nra) Arl. 18iM. B4 & 65 Vie. (Imp.) e. in, pee. 1, iubsic. .1. Held, also, reversinj; the jud^'inent of the court below, that there was positive and clear evidence that the " Oscar and Hattie " was not used or employed at the time of her seizure in cuntiavention of 64 ovening of tlie firht day of S«pteuiber. Thv master of the "Oscar and Hattie" in the interim visited the Com- mander of the " Mohican " on hoard the " Mohican " and |)n)te8ted against the seizure. No written con)ninnication jiassed from the oflficers of the "Mohican" or any of flieni to tlie master of the lo" Oscar and Hattie" of tiie reasons for tlie sj'izure, hut various conversations occurred between them witli refer ence to the same wliich will he referred to hereafter. On the afternoon of the ist day of Septemher, in pursu- ance of ordeis icceived fron> the Conunander of the " Mohican" and with an officer and prize crew on board from the " Mohican," tiie master of the "O.scar and Hat- tie " navigated hcv to the Port of Onnalaska. in the Terri- tory of Alaska. Ariivingat Onnalaska the " O.scar and Hattie " was taken in charge by the United States man- 20 of war " Yorktouii," who in tuin banded over the "Oscar and Hattie" to the officers of Her Majesty's Ship "Mel- pomene" some nine or ten days i\(U)v the ai rival of the "Oscar and Haltie " at Onnalaska. At tlie end of such period in pursuance of instructions or orders received from Captain I'arr, the officer in com- mand of H. M. S. "Melpomene," the master of the "Oscar and Hattie" proceeded fruni Onnalaska to Vic- toria, and leporteil to the Collector of Customs at the Port of Victoria, and the ship was left in charge of the 30 Collector of Customs. Sub.sequently an action for condemnation of the sbip "Oscar and Hattie" her ecpiipment and everything on board of her, was instituted against the ship for contra- vention of the act known as the " Seal Finhery (}ielnhi Convention between Great Britain and the United States and a copv of the Seal Fishery iBeltrimjs Sea Act), IHiU.'' "Th.ittbe 'Oscai' and Hattie' was at the time of the seizure as alleged, namely, on tbe 8Ist day of August, 60 J8{t5i, fully manned and ecjuipped for sealing purposes, and was used and employed in killing, bunting, taking or attempting to kill and take seals within the jnohibited waters of Behring's Sea."^ In answer to the allegations in the petition the defendant, the owner of the "Oscar and Hattie," admitted practically 251 (Exliibit No. M').) the whole of the nllegatioiiH except so far as related to the purpose for which the shi|) wan in BehriiiK's Uea, and alleged that said ship was in (iotzleh HiiiT)our, Attou Isliind, where she was seized, hoIcIv for the purpose of ob- taining a supply of water and provisions in order to enable her to return to Victoria, and not for the purposes of seal- ing or attempting to .seal as allegetl or otiierwise, and thu io.said ship was never in ])rohiltit»'d waters for the purposes alleged or otherwise, and tha' i\w said ship put into the said harbour being at the time ii: distress and for the purpose of relieving such distress, and was not in such waters for the jturpose prohibited by tiie Order in Council, Prohibitions and Conventions. W hereupon issue was joined and the trial of the issue iiati on Thursday the 27th day of .January, ls!»*i. and judgment was delivered on the .Mb day of January, is(»:{, condenuiing tlie shi|> "Oscar and Hattie " and her e(|uipment and everything on board 20of her as forfeited to Her Majesty in contravention of the act known as the "Seal Fishery (Behring's Sea) Act, lHi»l."aiid the owners of the " Oscai' and Hattie" were condemned in costs. The evidence taken at the trial on these issues is re- viewed in the jvidgment of the court below 1 1 1, and in the judgments hereinafter given I/Aliim McCarlhij Q. C. and D. M. Ebeits for the ap- I)ellants contended upon the evidence that the " Oscar and Hattie" was not in Behring's Sea at any time during the 30 season of I8U2 for any prohibited purpose, and referred to Walker v. Baird (2). //of/f/ Q. C. for the lespondent contended that the onus was upon the appellant to show by clear evidence that the " Oscar and Hattie " was not in Behring's Sea and that the finding of fact of Chief Justice Sir M. Begi)ie upon the evidence should not be disturbed. The Chikk Justice:— This is an appeal from the judg- ment of the Chief Justice of British Columbia, sitting as local judge in Admiralty for the British Columbia Admir- 40alty District, pronounced in a proceeding /» yv'Hi against the ship "Oscar and Hattie," whereby that ship and her equijjment and everything on board her were condemned as forfeited to Her Majesty for contravention of the act known as the Seal Fishery (Behring's Sea) Act, ls*>i. The " Oscar and Hattie," a British ship registered at port of Victoria and commanded by Thomas Turtle, the sailed from Yaquina Bay in the State of Oregcm, on the IHth February, JS!i2, on a sealing and fishing voyage in the North Pacific Ocean fully equipped for that purpose. 50 The ship continued sealing i^as the owners allege) in the North Pacific Ocean and outside the limits of Beliring Sea until the latter end of August, lX!t2, when, being short of water and prepaiod to give ui) sealing for the season, the master j)ut the ship about with the intention of retmiiing to Victoria. Instead of sailing directly for Victoria, how- ever, he put into Gotzleb Harbour, in Attou Island, the western island of the Aleutian group. This harbour is on the north side of the island andl)eyond all question within the limits of Behring's Sea. The master states that his 60 sole purpose in going into this harbour was to procure a supply of water of which he was short, and he allege:^ that he was actually engaged in getting water when his (1) 8 Ex. C. R. 242. (2) 11892J A. C.i'n. ' 4 'S ' 'I ■I '■ if M 252 (Exhibit No. 85.) ship was boarded and seized by an officer iEnsigii Harri- son) and a boat's crew from the United States ship "Mohican." This seizure was made about 5 o'clock in the afternoon of the 30th August, 1892. Ensign Harrison took posses- sion of the ship's papere. including the "official log-book and the ship's log." The seizing officer and crew remained icon board the "Oscar and Hattie" until the afternoon of the 1st of September. The master of the " Oscar and Hattie" in the interval visited the commander of the "Mohican" and protested against the seizure. On the afternoon of the 1st of September, in pursuance of the orders of Captain Johnson of the " Mohican " the " Oscar and Hattie" sailed for Ounalaska with an officer and prize crew from the " Mohican" on board. On her arrival at Ounalaska the ship was taken in charge by the United States ship-of-war " Yorktovvn." by whose commanding 2o officer shi' was siUisequently handed over to the com- mander of Her Majesty's ship "Melpomene." By the orders of Captain Parr of the "Melpomene," the master of the " Oscar and Hattie" proceeded from Ounalaska to Victoria, and reported to the Collector of Customs at that port, to whom the ship was then delivered up. Soon afterwards tiie present action for condemnation was commenced, it being contended on behalf of the Crown that the ship had incurred forfeiture for an infrac- tion of the Bebring Sea Act, 18!U, in that she bad been 30 found in Behring's Sea within prohibited limits, with shooting implements and seal skins on board. The master of the " Oscar and Hattie,'" Captain Turtle, was examined on behalf of the claimants, the owners of the ship; his evidence; was not, however, taken in open court, but be- fore an examiner. Captain Johns shall not kill, or take, or hunt, or attempt to kill or take, any seal within Behring's Sea ilurinj; the period limited by the Ordrr; and (6.) A British ship shall not, nor shall any of the equipment or crew thereof, be used or employed in such killing, hunting, or attempt. Subsection 5 of section I reads as follows: If a British ship is found within Behring's Sea having on board thereof Hahing or shooting implements or seal skins, or bodies of seals, it shall lie on the owner or msster of such shii> to prove that the ship was not used ur employed in con- travention of this act. By an order of her Majesty in Council passed on the CoOth of May, 1892, under and pursuant to this act, the limits of Behring's Sea were defined and the catching of sealo by British ships in Behring's Sea was prohibited. The offence charged against the ship was therefore that she or some of her equipment or crew had been employed in killing, taknig, or hunting or in attempting to kill, or 253 (Exhibit No. ,S5.) take seals within Behi-ing's Sea as defined by the order in council. Sufficient prima facie proof of this was undoubtedly aflforded by the fact that the shi|) was founcJ within the boundaries of prohibited waters, with shooting imple- ments and sealskins on board. The onus was tiius cast on the owners to prove that tlie ship had not been employed 10 in killing, taking or hunting seals or in attempting to do so within Behring's Sea. The question thus becomes purely one of evidence. Have the claimants by their proofs displaced the pre- sumption arising by force of the nth subsection of sec. 1 of the act from the conditions under which the ship was found in Behring's Sea? The burden of ])roof being thub on tlie claimants, the owners of the ship, it was for them to rebut the statutory inferences arising from the circumstances, and if they 20 have failed in doing this the ship was properly con- demned. Their explanation is that the " Oscar and Hattie " entered Behring's Sea for tlie purpose of getting a supply of water, of which she was short, and for no other purpose whatever; that she had been actually en- gaged in watering by means of her boats, immediately before being seized by the boat from the " Mohican "; and that no seals were taken by her, nor by any of her equip- ment or crew within Behrnig's Sea; nor was any attenipt made to seal within the prescribed limits. Further, that 30 the seal skins on board had been taken in the North Pacific Ocean, outside of Behring's Sea and off Cooper Island, where the ship had been sealing during her whole cruise, prior to sailing on her return voyage to Victoria. in the coarse of which she entered Behring's Sea to get water. In order to establish this case the claimants called in the first place, Thomas Turtle, the master who had .ommanded the ship during her sailing voyage. Captain Turtle, as I have before said, was not examined in court, nor in the presence of the Chief Justice but before an ex- 4oaminer. If his evidence is not discredited it is, in my opinion, amply sufficient to exonerate the vessel from any charge of contravention of the act arising from the legal presumption imposed by the statute. The witness swears that he went into Beh'-iug's Sea for the solo purpose of getting water, turning aside for that purpose from liis true course on his return voyage to Victoria. He also says most emphatically, as I understand his deposition, that he did not take or attempt to take any seals in Behring's Sea; that he was actually getting water on 50 board when the officer on the "Mohican" seized the vessel; he also states with sufficient clearness that the seal skins he had on board had been taken otf Copper Island, in the North Pacific, where he had been prior to sailing on his home voyage; and he deposes that he had not been in Behring's Sea during his whole voyage until he entered it for the purpose of getting water on the 30th of August, the dr.y before his vessel was seized. Captain Turtle candidly admits that during the early part of the voyage he bad been 60 warned against Behring's Sea by the United States ship " Adams," for when he sailed from Victoria in Jaiiuary, the Order in Council had of coui-se not been passed, and the exclusion from Behring's Sea under the modus Vivendi could not have been known to him but for this notice. He gives the state of the wind and weather as his m 254 !'■ (Exhibit No. 85.) reason for making the North coast of the Island instead of the South side, which was outside Behring's Sea. The witness further says that he saw no seals near Attou Island, and that there were none there. This evidence by itself, even if not corroborated by other evidence, given by a witness who cannot be discredited, by reason of any peculiarity of his demeanour in the witness box since he lowas not observed under examination by the Chief Justice any more than by ourselves, would, in my judgment, be amply sufficient to rebut the statutory provision and ensure the acquittal of the vessel unless sufficiently count- ervailed by further pioofs on tlie part of the crown. But this is not all. Another witness is called by the claim- ants, Joseph Brown, who had been on board the ship as a hunter during the wliole voyage. He proves sufficiently that the ship had been engaged in scaling off Cooper Island and that the seal skins on board had been taken 20 there; that she had been sealing there inunediately before she sailed on her return voyage in the course of which she boie up for Attou Island to get water; that she did take in water there; that she was not engaged in sealing while in the Attou roadstead, where she had arrived the day she was seized. The Chief Justice puts aside this witness as having been immaterial evidence; but granting that he knew nothing of tlie navigation of the ship, he at least shows that there was no sealing at Attou; that the ship went in there for water; and that the seal skins on board 30 had been taken in a diffeient part of the North Pacific from which the ship bad sailed some days before reach- ing Attou; all of which is most material as confirmatory of the captain's evidence. The Chief Justice does not say that tills witness was unworthy of credit, but merely that his t videiice was not material, a conclusion in which I cannot agree. Then to rebut this testimony, two wit- nesses are called on behalf of the crown both of them no doubt entitled to the utmost credit; Captain Johnson, Conmiander of the United States Ship " Mohican " and 40 Ensign Harrison, the boarding officer who seized the "Oscar and Hattie." Had these gentlemen, or either of them, contiadicted the testimony of the master in any material point, it miglit have discredited him entirely; but so far from miterial contradiction I find in their de- positions most m^.terial coiroboration of Captain Tuitle's account. They show thnt there were no seals within two hundred miles of Attou Island. They do not, either of them, even suggest that there was any circumstances leading to a suspicion that the "Oscar and Hattie" was 50 intended to go further into Behring's Sea for the purfiose of hunting seals; and Ensign Harrison, at least rather confirms tlie captain's story about water, and both say that he accounted for his whereabouts in Behring's Sea by attributing it to the failure of his supply of water. I am therefore unable to agree with the learned Chief Justice in his conclusion that this evidence for the crown affects the claimants' case in the least degree, save to confirm it. Some observations were made by the Chief Justice 60 about the non-production of the log book in which the entries of the ship's course during the early part of the voyage were supposed to be contained, but the claimants were not responsible for that; the log book- together with all the other ship's books and papers were seized by En- sign Harrison and handed over to Captain Parr of the x.wu^ .^-o'p-"^ . *- "wrr^^ffT^^ L>55 by (Exhibit No. 85.) " Melpomene " at Ounalaskn. It was for the crown to have produced this early log l)Ook, or to have shown that no such document could be found amongst the ship's papers. This they failed to do. No inference unfavourable to the claimants can therefore be drawn from this circumstance. The learned Chief Justice thinks tliat tht- entry in the log book which lowas produced, an entry made by the mate, as to the state of the wmd when the ship made Attou is inconsistent with the captain's account Captain Tnrtle says the wind was north-west: the mate's entry in the log-hook alleges it to have been not nortl) hut "northerly." I apprehend that the learned Chief Justice was under the impression that the record of the mate was meant to indicate that the wind was due "north "but it does no such thing. The Chief Justice seems also to have drawn an inference unfavourable to the claimants fi'om the absence of the 2oniate, but considering the very reasonable and probable excuse offered for his non -production l)y the learned counsel for the claimants, namely, that it had been impos- sihle to find him, I do not attach any weight to the cir- cumstance. At all events it is quite insufficient to turn the scale against tiie claimants in wliose favour there is such a groat preponderance of testimony, as the evidence shows. The claiiuants bave therefore succeeded in prov- ing that the "Oscar and Hattie " was not used or em- ployed in contravention of the statute. 30 The apv'eal nmst. he allowed with costs and the action for coudenmati(m in the Admiralty dismissed with costs. FouuNiER J. -[Translated]. The ship "Oscar and Hattie," a British ship registered at the Port of Victoria, sailed from Yaquina Bay, in the State of Oregon, the lat- ter end of February, lsir:>, for the North Pacific Ocean, on a sealing and fishing voyage. Towards the latter end of August when l)eing short of water the master decided to give up sealing and the ship was put about with the ob- ject of returning to Victoria, British t'olunibia. 40 In order to lay in his supply of water Captain Thomas Turtle, who was the master of the ship, found it necessary to put into Gotzleh Harbour, in Attou Island, the western island of the Aleutian group. While engaged there in laying in a supply of water tlie ship was boaided and seized by an officer. Ensign Harrison, and crew from the United States man-of-war " Mohican," in the afternoon about o'clock of the SOth day of August. Ensign Harrison took possession of the ship and of the ship's official log-book and ship's log, and overhauled all 50 the papers and kept them in his possession until the even- ing of the 1st of September. In the interim the master of the "Oscar and Hattie" visited the commander of the "Mohican" on board the "Mohican" and protested against the seizure. Sevtial conversations took place be- tween them at the time, but no written communication passed. Later on in pursuance of orders received from the commander of the " Mohican" the "Oscar and Hat- tie " with an officer and prize crew on board from the " Mohican " proceeded to Victoria Har hour and the master 60 reported to the Collector of Customs, and the ship was left in charge of the Collector of Customs. Then an action for condenmation of the ship " Oscar and Hattie," her equipment and everything on board of her, was instituted for having sailed into Gotzleh Harbour, Attou Island, being a place within the prohibited waters •2i'*> (Exhibit No. S5.) of Behrins's Sea, as defined by an Order in Council, dated tlie 9th day of October, 1892, made by Her Majesty the Queen in pursuance of an Act of the Imperial Parhament intituled the Seal Fishery (Behring Sea) Act 1891. Ca|)tain Tuitle liad been warned on the 18th June. 1892. by an officer of the United Siates ship "Adams" not to enter tiie water of Beli ring's Sea for the purpose of lo sealing. This officer at the same time delivered to him a copy of the proclamation of the President of the United States and a copy of the convention between Great Britain ii'id the United States, and a copy of the "Seal Fisliery t^Bobring's Sea) Act, 1891." In ;mswer to the action, the defendant admitted prac- tically the whole of the allegations, except so far as they related to the purpose for which the sbip was in Behring's Sea. and to the contrary alleged that his ship bad entered into (iotzleb Harbour solely for the purpose of obtaining 20a supply of water in order to enable her to return to Victoiia, and not for the purpose of sealing, or attempt- ing to seal, in contravention to the rules and regulations agreed upon between the two goveinments of Great Britain and the Uniteil States. After issue joined and the evidence taken at the trial, a judgment was delivered on the .5th January, 1893, con- demning the said ship " Oscar andHattie," and everytliing on boaid of her. as forfeited to Her Majesty in contraven- tion of the act known as the "Seal Fishery (Behring's 3oSea)Act, 1891," and the owners were also condemned in costs. The only question raised on this appeal is, whether the " Oscar and Hattie," at the time of her seizure, was being used and employed in hunting seals in the proliihited vvateis of the Behriiig Sea. On Her Majesty's behalf it is contended that under Sec- tion ;■) of the Seal Fisheries Act, 1891, the onus prohcuidi is upon the owner or master of the ship found in the pio- hibited waters of Behring Sea to show that the ship was 40notusedor employed in contravention of the act. viz., " was not used or employed in killing, taking, iuinting, or attempting to kill, take or hunt seals." If it is true that the law imposes upon the owner of the ship in such a case, the obligation to rebut the presump- tion of guilt which results from the position of the vessel at the time of the seizure, nevertheless it leaves intact the owner's right to rebut such a presumption by positive proof. The owners of the "Oscar and Hattie," in my opinion, have clearly and positively proved the fact that 50 they had not proceeded into the prohibited waters in view of contravening any of the provisions of the fishery act. Captain Turtle stated in his evidence of the 2nd Decem- ber, 1892, that he had proceeded to Gotzleb Harbour for the sole purpose of renewing his supply of water in order to return to Victoria from his sealing expedition in the Northern Pacific. When he arrived at Gotzleb, the weather was stormy and there was a heavy sea. He went there because it was the only place where he could go. " The wind was very strong and it was impossible 6o for me to get around to the south side of the island." Ar- riving about seven or eight o'clock in the moining he went ashore to see if he could find a suitable place to water at, and about one o'clock began to fill the tanks, and about .5 o'clock Ensign Harrison of the "Mohican" seized the vessel. Harrison does not in any way contradict Captain •2b7 (Exhiliit Ne. s,-).) Turtle's statement. When he seized the ship he had a couple of l)oats tied to the steiii of the vessel and one hoat was coming from the island with three men. Al! the guns and other appliances were on the schooner in their ordinai'v position. In his cross-examination he says he does not think the hoats were tied to the stei-n of the schooner for the purpose of sealing; he does not helieve lo there aie ever any seals around this island Attou. Several witnesses confirm the statement that it is not a fishing place, that you must proceed two to three hundred miles further to catch seals. Harrison states that he knows there is a suitable place on Attou Island where a supply of water can he had. He adds: "there was a heavy swell coming in from the northward and westward." Captain Turtle told them that he had been sealing for a month aroimd C!oi)per Islands, but that he had not been sealing in BehringSea, and that he had gone 20 to Gotzleb Harbour for the sole purpose of obtaining water and that the fishing season for him was closed. Commander Johnson of the "Mohican" admits that he almost knew immediately after the seizure that he knew that Captain Turtle had been lately sealing in the neighbourhood of Copper Island, but cannot say whether it was Harrison or Turtle who gave him the information. He also states that there are no seals within 200 miles of Attou. The evidence of Captain Turtle is also corrol)or- ated by the evidence of Joseim Brown, a hunter on board 30 the " Oscar and Hattie," who says that a long time previ- ous to going for water on Attou Island, the vessel had been employed around Copper Island. Now, Sir Matthew Baillie Begbie, in his reasons for judgment in this case reproaches Captain Turtle, while trying to justify himself of making use of ambiguous ex- pressions, as follows:— I never lowered a boat in Beliring Sea " is nn expression wliicli he airain re- peats, and a third lime adopts wlien repeated to liini by his counsel, excepting of course the boats in Gotzleb Harbour, on the Slsl August. He uses no other ex- pression of denial." He also adds " that all his words are to be carefully weighed, 40 and it is impossible to carry thcni further than the dry meaning they express. It is evident that he does not in express terms contradict the charge that he was in Behring Sea attempting to hunt si-als and that the schooner was employed for that purpose. All he says is that he, himself, never lowered a boat there." But if such answers, which the learned Chief Justice qualifies as evasive, are in truth a denial of the complaint of being there for the purposes of sealing, there can be no reproach made to Captain Turtle for making use of pecu- liar but very appropriate expressions, as the following ex- tract of his evidence clearly shows, and especially if we 50 remember that the hunting of seals with large vessels can only be carried on by lowering the boats fully equipped in order to get at the seals, for it cannot be done from the high deck of a vessel such as the "Oscar and Hattie." The following are the answers I refer to: — Q. Never mind what you got from him. Was anything said about seals ? A. lie said that he didn't believe I had been sealing at all ; he didn't believe I had come into the sea to seal there ; he fully believed that I came in there for the dole and whole purpose of getting water, Q. Well, had you been sealing in the Behring Sea? A. No, sir; never lowered a boat in tlio lieliring Sea, ^. Q Well, you hod some seals on boord, had you, sealskins? A. Yes, sir. ^ Q. Where had you been sealing? A. I took them oflf Copper Island in the North Pacific Ocean. Q. How far off ? A. Various distances ; from 100 Objected to by petitioner's counsel. A. I never lowered a boat inside the liehring Sea. Q. You never lowered a boat in the Behring Sea ? A. No, sir. Q, Outside of going into Attou Island, as referred to 7 A. No, sir. ■ IF 25S (Exhibit No. 85.) Q. Had ynu (hot any mnU there, or killed any in any way. without lowering a boat ? A. No, air. Q, Could not? A. No, eir. And again at the close of his testimony in recross ex- amination by counsel on behalf of the crown he answers as follows: — Q. (Mr. I'ooley.1 And you did not take any whilst in there? A. No, sir. Q. (Mr. Pooley.) You say yun did not go in for the purpose of takino; seals? JO A. No. sir. Q. (Mr. I'ooley.) Into the Bohrln|» Sen ? A. No, sir. It is difficult for me to understand how after these several specific denials the learned Chief Justice still hesitated to believe that Capt. Turtle had proceeded to Behring Sea on an illegal errand. When it is known that seal hunting can only be carried on in small boats, the answer may be better appreciated. In my opinion, " I never lowered a boat in Behring Sea'' is a categorical answer to the question: "Had you been sealing in Behr- 20ing Sea." It is a complete and perfect denial of the cliaige of having sealed in Behring Sea. It is twice re- peated. Moreover, we see by the answers to the ques- tions above cited that seals are not killed generally except by lowering the boats. Lowering boats is for the pur- pose of sealing. It is abiuidantly clear, in my opinion, that there are for- mal and positive denials of record by Capt. Turtle that he ever intending fishing for seals m Behring Sea contrary to law. 3<^ When leaving Copper Island on his home voyage Attou Island was almost on his way and where he might make a stop foi' the purpose of taking in a supply of water. It is alsd in evidence that as a matter of fact he did there obtain a supply of waterand that it was owing to the str(jiig winds and heavy sea that he was unable to get around to the south side of the island— Attou, which is situated outside of the prescribed waters. The stress of the weather forced him to go to the north side which bap- pens to be within the piobibited waters. On the whole, I 4° repeat it. the evidence seems to show that he had no in- tention of contravening anj' of the provisions of the Fish- ery Seal Act and that be has not in fact been guilty of any infraction of the provisions of the law. I am therefore of opinion that tlie appeal should be al- lowed and the action foi- condemnation dismissed, the whole with costs, Taschkkeau, J.—l take no part in this judgment. (twvnne, J. — This appeal must, in my opinion, be al lowed with costs. Granting that the ship having been 5° taken within the Behring Sea cast upon the appellant the onus of proving that the vessel had not been used and em- ployed in taking seals in the Behring Sea, that onus was completely discharged by the evidence of the officers in charge of the vessel, whose veracity was not assailed in the slightest particular. The evidence established beyond doubt that the vessel was taken almost immediately after she bad entered the sea on the noith side of one of the Aleutian islands, which constituted the extreme south- ern boundary of the sea where she had entered for water, "°and within two hundred miles of which, as was shown by independent testimony, seals had never been known to be taken or seen. The naval officer of the United States who took the ves- sel and handed her over to the authorities for trial enter- tained no doubt of the truth of the statement made by the 25!> lO (Exhibits Nos. SO and 87.) captain of the vessel when taken, as to the purpose for which she had >;one to the north side of the island instead of to the* south, and had so entered the Behring Sea, namely, the state of the wind at the time, and the wonder is that she should have been taken at all, or being taken, should have been put upon trial. Sedgev^ick and Kino JJ.— Concurred. Appeal altowed ivith costs. Solicitors for appellant: Eberts & Taylor. Solicitors for res|)oiident: O'Connor & Hogg. ]ilt: EXHIBIT No. 86 (9. B.), CLAIM No. 23. Transcript of Rejjistrv, "Oscar and Hattie," March -2, imi, to March »i. isyH. 2o By order of the Coniinissionersj on consent of counsel, this exhibit is not printed. EXHIBIT No. 87 (0. B.), CLAIM No. 23. Convention between the Cnited States of America AND Great Britain for the Renewal of the Exist- ing " Modus Vivendi " in Behring's Sea. Whereas by a Convention concluded between the 30 United States of America and Her Majesty the Queen of the United Kingdom of Great Britain and Ireland, on the tvvonty-nintli day of February, one thousand eight hun- dred and ninety-two, the High Contracting Parties have agreed to submit to Arbitration, as therein stated, the questions which have arisen between them concerning the jurisdictional rights of tiie United States in the waters of Behring's Sea and concerning also the preservation of the fur-seal in, or habitually resorting to, the said se;i, and the rights of the citizens and subjects of either country as 40 regards the taking of fur-seal in, or habitually resorting to, the said waters; and whereas the High Contiacting Parties having ditfered as to what restrictive regulations for seal hunting are necessary, during the jiendency of such Arbitration, have agreed to adjust such difference in manner hereinafter mentioned, ami without prejudice to the rights of either party: The said High Contracting Parties have appointed as their Plenipotentiaries to conclude a Convention for this puipose, that is to say: 50 The President of the United States of Ameiica, James G. Blaine, Secretary of State of the United States; And Her Majesty the Queen of the United Kingdom of Great Britain and Ireland, Sir Julian Pauncefot", Knight Grand Cross of the Most Distino;uished (Jrder of Saint Michael and Sahit George, Knight Commander of the Most Honorable Order of the Bath, and Envoy Ex- traordinary and Minister Plenipotentiary of Her Britannic Majesty to the United States; Who, after having commuicated to each other their ^respective full powers, found in due and good form, have agreed upon and concluded the following Articles: Article I. Her Majesty's Government will prohibit, during the pendency of the Arbitration, seal-killing in that part of Belning Sea lying eastward of the line of demarcation m n i ■ i 1 i' 1 {■■' 260 (Exhibit No. s7.) described in Aiticle No. 1 of tlie Treaty of IS*?" between the United States and Russia, and will promptly use its best efforts to ensure the observance of this pi-ohibition by British subjects and vessels. Aktici-e II. The United States Government will prohibit seal-killing for the same period in the same •))ait of Behring's Sea, 10 and on the shores and islands thereof, the property of the United States (in excess of seven thousand five hundred to be taken on the islands for the subsistence of the natives), and will j)romptly use its best efforts to ensure the ob- servance of this prohibition by United States citizens ;ind vessels. AUTICI.E III. Every vessel or peison offending against this prohibi- tion in the said wateis of Behring Sea outside of the ordi- nary territorial limits of the United States, may be seized 2oand detained by tlie naval or other duly commissioned officers of either of tlie High Contracting Parties, f)uttbey shall be handed over as soon as j)racticable to the authoii- ties of the nation to which they respectively belong, who alone shall have jurisdiction to tr3-the offence and impose the penalties for tlie same. Tlie witnesses and pi'oof necessary to establish the offence shall also be sent with them. AUTICLK IV. In order to faeilitate such proper inquiries as Her 30 Majesty's Government may desire to make with a view to the presentation of the case and arguments of that Govern- ment before the Arbitrators, it is agreed that suitable per- sons designated by Great Britain will be permitted at any time, upon application, to visit or remain upon the seal islands during the sealing season for that purpose. Article V. If the result of the Arbitration be to afhrm the right of British sealers to take seals in Behring Sea within the bounds claimed by the United States, under its purchase 40froni Russia, then compensation shall be made by the United States to Great Britain (for the use of her subjects) for abstaining from the exercise of that right during the pendency of the Arbitration upon the basis of such a regulated and limited catch or catches as in the opinion of the Arbitrators might have been taken without an undue diminution of the seal herds; and on the other hand, if the result of the Arbitration shall be to deny the right of British sealers to take seals within the said waters, then compensation shall be made by Great Britain to the 50 United States (for itself, its citizens and lessees) for this agreement to limit the island catch to seven thousand five hundred a season, upon the basis of the difference between this number and such larger catch as in the opinion of the Arbitrators might have been taken without an undue diminution of the seal-herds. The amount awarded, if any, in either case shall be such as under all the circumstances is just and equitable, and shall be promptly paid. Article VI. 60 This Convention may be denounced by either of the High Contracting Parties at any time after the thirty-first day of October, one thousand eight hundrad and ninety- three, on giving to the other Party two months notice of its termination; and at the expiration of such notice the Convention shall cease to be in force. 261 (Exhibit No. 8S.) Article VII. The present Convention shall be duly ratified by the President of the United States, by and with the advice and consent of the Senate thereof, and by her Britannic Majesty; and the ratifications shall be exchanged either at Washington or at London as early as possible. In faith whereof, we, the respective Plenipotentaries lohave signed this Convention and have hereunto affixed our our seals. Done in duplicate at Washington, this eighteenth day of April, one thousand eight hundred and ninety-two. JAMES G. BLAINE, [seal.] [SEAL.! JULIAN PAUNCEFOTE. CHAS. F. NOTHAM, Rear Admiral. Commander in Chief Pacific Squadron. (Endorsed)— H. M. S. " W^arspite."— Esquimalt. 20 (Endorsed)— Handed to Capt. Thos. Turtle of "Sch. Oscar & Hattie" by the Boarding Officer (Shumaker);of U. SS. "Adams" oif Montague Island, Friday, June 24th, 1892 (Lat. 5!)° 4.5' N. Long. 147° 20' W.). 30 EXHIBIT No. 88 (0. B.), CLAIM No. 23. By THE President of the United States of America. A Proclamation. The following provisions of the laws of the United States are hereby published for the information of all con- cerned. Section lJt.56, Revised States, Chapter 3, Title 23, enacts that: "No pex'son shall kill any otter, mink, mai-ten, sable, or fur seal, or other fur-bearing animal within the limits of Alaska Territory, or in the waters thereof; and every person guilty thereof shall for each offence, be fined not less than two hundred nor more than one thousand 40 Dollars, or imprisoned not more than six months, or both; and all vessels, their tackle, appai'el, furniture and cargo, found engaged in violation of this Section shall be for- feited; but the Secretary of the Treasury shall have power to authorize the killing of any such mink, marten, sable, or other fur-bearing animal, except fur seals, under such regulations as he may prescribe; and it shall be the duty of the Secretary to prevent the killing of any fur seal, and to provide for the execution of the provisions of this sec- tion until it is otherwise provided by law; nor shall he 50 grant any special privileges under this section. Section 3 of the act entitled "An Act to provide for the protection of the salmon fisheries of Alaska " approved March 2, 1889, provides that: " Section 3. That Section 1956 of the Revised Statutes of the United States is hereby declared to include and ap- ply to all the dominion of the United Stales in the waters of Behring Sea; and it shall be the duty 01: the President, at a timely season in each year, to issue his proclamation and cause the same to be published for one month in at 60 least one newspaper, if any such there be, published at each United States port of entry on the Pacific coast, warning all pei-sons against entering said waters for the Eurpose of violating the provisions of said section; and e shall also cause one or more vessels of the United States to diligently cruise said waters and arrest all per- it; 262 (Exhibit No. 8».) sons, and seize all vessels fount! to lie, or to have been en- gaged in any violation of the laws of the United States therein." Now, therefore, I, Benjamin Harrison, President of the United States, pursuant to the above recited statutes, hereby warn all persons against entering the waters of Behring Sea withni the dominion of the United States, for 10 the purpose of violating the provisions of said section 1956, Revised Statutes; and I hen?by proclaim, that all [)ersons found to be, or to have been, engaged in any vio- ation of the laws of the United States, m said waters, will be arrested and punished as above provided, and that all vessels so employed, their tackle, apparel, furniture and cargoes will be seize. An act to enable Her Majesty, by order in council, to make special provision for prohibiting the catching of seals in Beh ling's Sea by her Majesty's subjects dur- ing the period named in the order. (11th June, 1891.) Be it enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal and Commons, in this present Parliament as- sembled, and by the authority of the same, as follows: 30 I. (1) Her Majesty the (^ueeii may, by order in council, prohibit the catching of seals by British ships in Bebring's Sea, or such part thereof as is defined by the said order, during the period limited by the order. (2) While an order in council under this act i^ in force ~ (a) A person l)elonging to a British ship shall not kill, or take, or hunt, or attempt to kill or take, any seal within Bebring's Sea during the period limited by the order; and 40 [b) A British ship shall not, nor shall any of the equip- ment or crew thereof, he used or employed in such killing, taking, hunting or attempt. (8) If there is any contravention of this act, any jjerson tonmiitting, procuring, aiding, or abetting sucli contra- vention shall he guilty of a misdemeanor witiiin the mean- ing of the merchant slupping act, isr)4, and the ship and her equipment and everything on board thereof shall be forfeited to Her Majesty as if an ofifenso had been committed under section lo;$ of tlie said act, and the provi- so sions of sections 108 and 104 and part lo of the said act (which are set out in the scliedule to this act) shall apply as if they were herein reiniacted and in terms made applic- able to an offense and forfeiture under this act. (4) Any commissioned officer on full pay in the naval service of Her Majesty shall have power, during the period limited by the order, lo stop and examine any British ship in Bebring's Sea, and to detain her, or any portion of her equipment, tir any of her crew, if in his judgment the ship is being or is preparing to be used or employed in contra- "° vention of this section, (5) If a Britisli ship is found within Bebring's Sea hav- ing on board thereof fishing or shooting implements or seal skins or bodies of seals, it shall lie on the owner or master of such ship to prove that the ship was not used or employed in contravention of this act. 264 (Exhibits Nos. 00, 01 and m.) 2. (1) Her Majesty the Queen in council may make, re- voke, and alter orders for the purposes of this act, and every such order shall he forthwith laid before both houses of Parliament and published in the London Oazetle. (2) Any such order may contain any limitations, condi- tions, qualifications, and exceptions wliich appear to Her Majesty in council expedient for carrying into effect the 10 object of this act. 3. (1) This act shall apply to the animal known as the fur seal, and to any marine animal specified in that be- half by an order in council under this act, and the expression "seal" in this act shall be construed accord- ingly. (2) The expression " Behring's Sea " in this act means the seas known as Behring's Sea within the limits de- scribed in an oider under this act. (3) The expression "equipment" in this act includes any 20 boat, tackle, fishing or shooting instruments, and other things belonging to the ship. (4) This act may be cited as the seal fishery (Behring'.s Sea) act. 1801. EXHIBIT No. 91 (0. B.), CLAIM No. 28. Log Book of "Oscar and Hattie," January 28 to July 30, 1802. By order of the Commissioners, on consent of counsel, 30 this exhibit is not printed. EXHIBIT No. 92 (0. B.), CLAIM No. 28. Log book of "Oscar and Hattie," July 31, 1802, to . By order of the Commis.sioner8, on consent of counsel, this exhibit is not printed. 40 SO 60 EXHIBIT No. 98 (B. 0.), CLAIM No. 28. Victoria, British Columbia, Jan. 5th, 1807. Schooner "Oscar & Hattie." First cost of vessel... $0,000 00 " " Outfit 500 00 Paid out refitting. 1801. Dec. 11. Jno. Barnsley & Co. 12 Parker shotguns O *50 $600 00 2 Remington shot- guns @ $45 00 00 1 Baker ©45 45 00 1 Rifle 16 00— 750 00 " 12. Labour 4 00 " 26. " 18 75 " 28.(06) Fred. Jeane, Sails 243 68 " 31. Labour 10 .50 ' ' Say ward for Spars 80 00 E. B. Marvin «& Co 16 05 1802. Jan. 4/18. " " 252 02 " 6. Labour 10 00 " 0. " 44 00 " 14/16 " 37 00 960 (Exhibits Noa. !•:» and i>4.) 1892. Jan. 21. M\iirlu'ii(l & Mann, Drosaetl Lumber, etc 26 32 •' 21. Bishop & ShiM'boruo, lefittitiK Cabin, galley. Bunks, etc... 200 00 " 19- June 30. E. B. Marvin & Co 609 88 loJan. 2H. Labour ^8 00 " Wni. Turpol, making spax-s, etc. 279 80 " 2(1/7. Labour <"> 75 Feb. 17. Betmet & Burns 2 60 " 23. J. iSears. painting name 2 00 " Geo. Phillips, stove and Galley fltgs 129 80 •' 24. Albion Iron Wks., Tanks 2»;() 00 Mch. 31. Bishop & Sherborn, hal «0 00 May 9. Jno. Robertson, Ironwork.. .. Ill 00 -n '• A. Lewis, Tinware 13 25 Juo. Clark, Hauling out, etc.. 9S 00 " 27. Thos. Earl, 1 Boat 100 00 July 31. H. R. Foot, (I Boats @ $95 . . . 570 00 1891. Jan. 1(J. E. B. Marvin & Co 10 00 $13.36 5 00 Total cost of Vessel fitted for Sealing with Wbite Hunters, Season 1 892 $13, 365 00 30 Deduct proceeds of Sale of Vessel 4, 550 00 $8,815 00 Interest on $13,365 from seizure until sale of vessel (27 Feb., 1893) 305 16 Interest on $8,815 from 27 Feb., '93, to date. 2,040 67 " " $4,550 " " " to May 29/94 342 77 During which period the purchase money remained in Couit. 40 Loss on trip to Ounalaska under seizure 500 00 Interest thereon from Oct. 1/92 to date 127 92 Law expenses paid over and above taxed costs. 750 00 Interest thereon from Ap. 6/94 to date 123 75 Total claim to Jan. 5, 1897 $ 13.005 27 Plus subsequent interest. EXHIBIT No. 94 (Q. B.), CLAIM Nr. 23. 50 VicTOKiA, British Columbia, Jan. 5tb, 1897. The Schooner " Oscar & Hattie." Cost of Vessel, Ban Fi-ancisco $7, 5( lO 00 Commission on purchase... 187 50 Personal expenses and cost of bringing vessel to Victoria. B. C 500 00 Duty paid in Victoria - 750 00 Ch ronometer, Barometer, Charts 1 54 60 Sails 1+0 96 ^ Ship chandlery 3163 ^°Caulking, etc W3 65 Sealing Boat 100 00 Ironwork 90 00 2 Oil tanks (for water) 335 00 $9,939 33 1 cannon bought Victoria 60 00 Total cost of Schooner, act. , 1891 $9.999 33 i 1-'? (Exhibit No. !t5.) Claim No. 18, "Triumph." EXHIBIT No. 95 {Qt. B.), CLAIM No. 18. TRANSCRIPT OF REGISTER FOR TRANSMISSION TO CHIEF REGISTRAR OF SHIPPING. '^ Otficinl Number of Ship. 9(lfi81. Naiiio iif Ship. "Trimnpli.'" I No., Dnln and I'oit uf Registry, i No. II, in 1887, Victoria 13. C. No., Date and I'ort ol' previous Ucsjislrv (if any) April Ist, 18H7, Sliclljoumr, N.'S. 20 I I I Wlu'llier Brit;, ii or i Whclliern Siiilinj; or i Where liuilt. ' When Hiiill. Foreign built. [ Slenni Ship ; and i ! if a steam ship, how propelled. Name and Address of Builders. British. Sailinjr. Shelbourne N. .S. April, 1887. j Arthur Hood, Launched Shelbourne, N. S. •Jtt.Mch., 1.S87. 1 Number of Decks One. NumluT of Masts Two. Uiyucd Schooner. Slern Elliptic. ,Q Build Carvel. ■^ naileries None. Head Billet. Framework AVood. Length from fori! part of stem, under the bowspril, to llie aft side of the head of the stern pust Main breadlh toouLtiile ol'plank i Depth in bold from tonnage deck to ceiling at inidships I)e|ilh in hold lidin upper deck to ceil- ing at miilships. in till' case of three I decks and upwards Length of engine room, if any Feet. Tenth- 86 Particulahs 01' Tonnage. Oross Tonnage. 40 I'nder Tonnage Deck Closed in spaces above the Ton- nage Deck, if anv Rreak " KorecaBtlo House Other closed-in spaces, if any, as follows : No. of Tons. 112.24 Deductions Allowed. On account of space rnqiureil for No. of Tons. 8.11 5.84 On account of sjtiice occupied by Seamen or AppriMdices, and appnipriatcd to their use, and kept free from goods oi- stores of every kind, not being the personal property of the crew. These spaces are the following, viz. : Forecastle First section of cabin 7.22 1.46 50 Cross Tonnage Dcdiielions, as per Contra . . ltm.l9 8.(!8 97 51 8.68 60 Names, Residence and Description of the | Owners, and Number of Sixty-Fourth [• viz.. Shares held by each. ) D.VMEL McLkA.S, of Victoria, British Colutnbia, Master Mariner. (64) Sixty-four shares. Dated 2d December, 1887. Transferred from the I'ort of Shelbourn*, N. S. 89 A SO, U. 8. A. Registrar W. HAMLEY. 207 y (Exhibit No. 95.) Copy Transactions Subsequent to Registry, for Transmission to IIegis- tkar-General of Shipping and Seamen. Number of Name of Person Number Date of Resist ry. Nature and Date Na.ne, Residence Transactions. from wlinin title (if shnrea of Transaction. and ,j('('ujmtioii of Is (Itriveil. ntt'i'Cted. Trarisferec, niort- ga{{ee or other ID person ac(]uiring title or power. 1 Daniel McLean. 21 December 17tli, Bill of Sale . C., Contruc tor. 2 Walloi- Edwin 21 December 17tb, Mort^nse datial Edijar (^rowe Ba- ISIiickelt. 188., at, 3.60 r. m. ])eceiiilier Ititli, 18S7, l(ir secnr- ker of Victoria, B. ('., Kcl. r.ient. 20 inij * 1.(11111 (One tlionsaiid dollar^) and interest at rij'u per annum. Uuyal Navy. 30 Daniel McT.enn, by his attorney in fact, Edgar Crowe Baker. 21 Daniel McLean, by his ntlorney in facii r„l^.<-r Crowe Baker. 22 December 20tli, IS87, at 10.30 A.M. Bill of Sale dated .loslimi Davies ,,f December 7 th. Victoria, li. C, 1887. .Wiclioiieer. February 6th, 1888, at 4 p. M. .Mortgage dated DeccmlH'r IKtli. 18,S7, for *l.(i(J(i (one thousand dollars) and in- terest at !2"|,' per nnnnin. .Foshna Daviea Victoria, B. .\ncli(ineer. of C, I 40. 50 .loshua Davies. 21 February 7th, 1888, at 11 A. M. Bill of sale dated DeeenihiT KMli, 1887. I Edgar Crowe Ba- ker (if Victoria, H, <•., Ret. Lieut. Royal Navj'. Walter Edwin Blackett. 21 July 20th, 1888, at 12 noon. Widter E d w i n Blackett dies on the ir.th (lay "f ,Iune intestate. Letters (jf admin- ist.rati(ni granted to .I'lhn Charles Blackett of Vic- toria, H. ('.. by ( h e Supreme Court of Uritlsh Coliimbift, on the 23rd (lav of ,lune, 1888. bdin C h a r 1 ,• s Ulaekett of Vic- toria, B. ("., .Mas- ter .Mariner. ,1 o li n Charles Blackett. 21 Novembei 12th, 1888, 10 A. M. 6o 8 Daniel McLean. 22 December 26th, 1888, 10 A. M. Diseharife of Mort- gage A for $! 1,000 and interest. Re- ceipt dated 20th September, 1888. Mortgage dated 21st December, 1888, for JftOO.iio (five hundred dol- lars) and interest at 12!"^ per an- num. Edgar Crowe Baker, of Victoria, P. C. Ret. Naval Lieut. 268 (Exhibit No. 95) Niimbor o( Niime of person Nmiibci' Dnte of Uegistry. Nature and date of Name, Residence Trniisactions. fr.iiii whom Title; of Slmrea transaction. and Occupation of is doriveil. affected. Translei'ee, .Mort- gap-e" nr other IVr- son acquiring; Title or Power. lO 9 .loliii C 151ackctt. 11 May 18tli, 1889, Ht Bill of .Sale dated Kosine IJlacliell, of 10 a. m. 4tli Ueetmber, 1888. Nanainio, H. C, widow, now wife of Robert Edward Gibson, of Pem- broke, Ontario. 10 Daniel McLean. 22 August l»th, 1889, at in A, .M. Mortgage dated March 21.st, 1889, the same to se- cure the sum of *1, 00, with in- Edgar Crow linker, of Victoria, li. V. Ship owner. 20 terest at the rale of 8% per annum on account cur- rent. 11 Joshua Davies. 22 August 19th, 1889, at 4 p. H. Transfer of Mort- B August 1889. 19th, Edgar Crow Baker, of Victoria, H. ('. Ret'd Navy Lieut. U. N. 30 12 Edgar Crow Baker. 21 October 15th, 1889, at 10 a. m. Bill of Sale dated October 11th, 1889. .lohn G. Cox, of Victoria, H. C. Master Mariner. 13 Edgar Crow Baker. 22 14 40 Rosine Blackett, now Rosine Gib- son, wile of Rob- ert Edward Gib- son, of Pembroke, Onlario, by her atty. C. C. Mc- Kenzie, Nanainio, B.C. U October IBth, 1889, at 10 a. m. Bill of sale dated October lltli, 1889, under mort- gages B, C >fe D. John G. C Victoria, 1!. ( Master Mariner of October ITth, 1889, at 3.B0 r. M. Bill of Sale dated October 11 th 1889. I John G. Cox, Victoria, H. Master Marine 50 16 16 John Charles Black- ett. John Grnliain Cox. 10 October 2l8t, 1889, at 2 V. M. October 2rtlli, 1889, at 2 V M. Bill of Sale dated ( Marv lilacketl. of August 23i'd, 1889. 1 Victoria, M, C., I wife of J(din C. I Blackett. Bill of Sii'e ilated Edward B. Miirinii, October 2fith, 1889. 1 of \'ietoria. H. (',. Ship Chandler. 17 John (iralinm Cox, October 2lith, 1889, at 2 I'. M. Bill of Sale dated October 25th, 1889. William Cox Victoria. li. ( Master Mariner. (it 60 i 18 John Graham Cox, 11 I October 20th, 1889,' Bill of Sale dated Frank W. Adnini. nt 2 1: M. I October 25th, I of Victoria, H. C. 1889, i Clerk. .1 OJW.i_.MU|l^lJ|ipi ■^R^^BBTw. ■ I'rr^ ' "WJWflTW^ 260 (Exhibits Nos. 11 and 12 U. S.) Number of Name of person Number Trnnsnctinns. from whom Title of Shares i.s derived. nHected. 10 20 30 40 HI ,lohn Graham Cox. Date of Registry. Nature and date of Name, Reaideuci' transaction. | and Occupation of Transferee, Mort- gagi^e or other Per- son acquiring Title or Power. I 1 10 i October 26th, 1889, 1 Bill of Sale dated Clarence Nelson at 2 I'. M. j October i5lh, Cox, of Victoria, 1889. I B. C. Master Marl- 2I> Mary Blaekett. 5 December 18th, 1891), at 4 V. M. Bill of Sale dated DecMnbar 17ih, 189r. Willi, ni Gordon '■^•eviMisun, of Vic- toria, B. ('. Hotel Keeper. 21 Miiry Blnckett. 5 December 18th, 1890, nt 4 1', M. Bill of Sale dated Oeccinlier 17tli, 1890. Mivry Jackson, of V'ctoria, B. C. wi.'e of William R. Ja>;l>son. 22 William Oordon Stevenson. 8 Febiuarj' 25th, 1898, at 10.45 A. M. Morts;n;^e A, dated February 22nd, 1898, for ¥1,250 (Twelve hundred >fe fifty dollars) and interest at 7"n per annum. Robert Ilawley Hall of Victoria, 15. C. .Manager of Hud- son Bay ( 'o. 23 Mary Jackson. n December 20tli, 1894, at 3.15 r. M. Bill of Sale dated 20lh December, 1894. Victoria Emma Cox, wife of Clarence N. Cox, Victoria, B. C 24 Robert Hanley Hull. R March Sth, 1896, at 8.55 p. M. Discharge of Mort- gage A. Ueceii)t (lated .'ilh March, 1896. William G. Steven- son, of Victoria, B. C. Hotel Keeper. 25 William U. Steven- son. s March 5tli, 1890, at 4 p. M. Bill of Sale a«t d March .•ith, 1891) Edward Benjamin Marvin, of' Vic- toria, li. V. Mer- chant. United States Exhibits. EXHIBIT No. 11 (U. S.), CLAIM No. 18. Agreement duted April !», 1SS!», between Edgar Crow Barker and H. Liebes & Co. Hiis exhibit has ah'eady been printed in full at page 1451' of the Record, and by order ot tlie Commissioners on consent of counsel is not again printed. ''iQ EXHIBIT No. 12 (U. S ), CLAIM No. 18. UNITED STATES OF AMERICA United States CntcuiT Couht. CiRciiT Court, U. S. Mass. Dist. ss. To all people to whom these presents shall come, Greet- ing: Know ye That at a Circuit Court of the United States, begun and holden at Boston, within and for the mmm m It.. : ; 270 (Exhibit Nos. 17 U. S. and !»7.) Massaciiiisetts District, on the fifteenth clay of October, in the year of our IjOIiI one thousand eight hundred and eiglity-two. To wit: on the 1st day of December, A. D. 1882, Danikk McLean, of Boston, in said district. Mariner, born at Sydney, Island of Cape Breton, Nova Scotia, hav- ing pi()ihic(Hl the evidence and taken the oatli required by loliiw, was admitted to become a citizen of the said United States according to the Acts of Congress in sucli case made and provided, all of whicii appears of record in said court. In tkstimonv whereof, 1 have hereunto set my hand and affixed the seal of said Court [seal.] at Boston aforesaid, this oth day of October, A. D. liSDO, and in the one hundred and 21st year of the Independence of the United States of Ameiica. BEN J. H. BRADLEE, Deputy Cleric of the Circuit Court of the United States for the District of Massacliusetts. 20 Claim No. 17, " Minnie." EXHIBIT Nc. 96 (O. B.), CLAIM No. 17- Transcript of Registry, schooner " Minnie," dated 30 March 25, 1881>. By order of the Commissioners on consent of counsel, this exhibit is not printed. EXHIBIT No. 97 (O. B.), CLAIM No. 17. Certified copy of decree in proceedings in United States District Court in Alaska, in case of United States vs. 418 Fur Seal Skins. 40 And afterwards to-vvit, on the 2Sth day of September, 188!», the following further proceedings were had in said cause, and appear of lecord, which arv* in words and fig- ures following, to- wit: At a stated term of the District Court of the United States, in and for the District of Alaska, held at Sitka, in said District, on the 2Sth day of Sep- tember. 188lt. Present— Hon. John H. Keatley, District Judge. 50 The United States j I's. No. 2n;{. Decree. ■IIS Fur Seal Skins. \ This cause came on t7 ami " D.") mak(? their allef^ations in tliat boiiaif, and at said time and date proclamation was dniy niitde as re(|nired by law. and no claim haviiifi been interposed. a])peai'ance or (ieCense filed, it is therefore ordesed tliat all persons interested in the said -llH fur seal skins and two shot-gnns. I)0 adjudged in contumacy and default, and tiie ]il)el of information adjudged and taken pro confe.sso. lo And sail! cause having been submitted to th(* Court upon the pleadings and evidence, and the (.'ourt being fully advised in the premises, and having filed his findings of fact and conclusions of law herein: It is therefore ordeied, sentenced and decreed by the Court that said 41.s fur seal skins and two shot-guns be and the sanu are, for the reasons set out in the libel of iuformation herein, condenmed as forfeited to the use of the United Ktales. And it is further ordered that the Clerk of this Coui't issue to the Marshal of this District 20 the usual writ of venditioni cvinmas commanding him to cause said 418 fur seal skins to be transferred fiom his office at Ounalaska to San Francisco. California, and there to sell th(> same, and tiiat he sell said t«o shot-guns in this District; that he give at least ten (10) days' notice of the time and place of such sales, and to pay the proceeds into Court, to be disposed of according to law. Tlie Marshal is ordered to keep a separate and detailed account of all the expenses connected with said property, and where the expense is connected with other like prop- 3oerty he will apportion the same and charge the above property with its siiare thereof separately, and report the same to this Court with his re])ort of sales. JOHN H. KEATLEY, Judge Dist. Court. (Endor.sed)— No. 20.— The United States vs. 418 fur seal skins.— Decree.— Filed Sept. 28, 188!>.— H. E. Haydon, Clerk. 40 The following portions of the proceedings against 418 Fur Seal Skins were not included in Exhibit No. i»7 (G. B.), printed above, and under the rights reserved for that purpose by counsel for the United States, have been specified by them as a separate (U. S.) exhibit to be printed in connection therewith. SUPPLEMENTAL (U. S.) EXHIBIT " D." In the District Couit. Of the United States of America, District of Alaska. Of the May term in the year (.)ne tbousaml Eight Hun- ed and I" The Uniti 50 dred and Eighty Xiiu S. Revised Statutes— Sec. litat!. le u mied States ) vs. Vj. 418 fur seal Skins. ) To the Honorable John H. Keatley, Judge of the United States District Couit. for tiie District of .\laska: The libel of informalion if Whit. M. Orant, Attorney of the Tnited Slates for the District of Alaska, who 60 prosecutes on behalf of the rnitey states, and being pres- ent in Court in his proper person, ui the name and on be- half of the said United States against the 418 fur 'seal skins, and against all {KTSons intervening for their interest therein in a cuise ot forfeiture, alleges and informs as follows: i> 1 i 1^ It^ jin ; .. f ! 272 (Exhibit "D.n That L. G. Shepanl an a^ent of the Treasury Depait- ment of the United States on duty in the waters ot the District of Alaska, heretofore and on or abont the Iftth day of July, in tlie year of our Lord, One thousand eight hundred and eighty-nine, at or near Lat. N. 55.11, Longi- tude lti5.55 W. in Behring Sea and within the Distiict of Ahiska, and within the jurisdiction of this Court, on 10 waters navigal)le from the sea by vessels of ten (10) or more tons burden, seized the 41S fur seal skins, being the |)ro|)erty of some person or persons to the said Attoiney unknown, on board tlie American schooner " Minnie," as forfeited to the United States for the followmg among other causiee: That the said vessel is owned by a citizen or citizens of British Columbia, and had on board the fur seal skins aforesaid, said seals having been, taken by the crew of 20 said vessel within the 11 nuts of the District of Alaska, and the waters thereof, that the fur seal is naturally a wat. r aniuial whose winter aliode is unknown, that they are timid and are liable to be driven from native haunts by shooting or other unusual noises or disturbances, that they appear in the waters of Behring sea and within the District of Alaska especially about St. Faul and St. Georges Islands, and iwoduce th'ir young and nurse them, and they are niutured and ulwa^ ■> return to said Islands and waters as their home, that ih the water the sexes cau- 30 not be distinguished, and many t us killed are lost, that their comincrcial value is contined to those from one to five years old, that their product is of great commercial value, u.seful and necessary to the comfort and enjoyment of mankind, that seals are naturally defenceless and if permitted to be indiscriiuiuately killed will soon become extinct, and the HU|)ply exhausted, and the said Attor- ney saitb, that all and singular the premises are and were true and within the admii'alty and maritime jiu'isdiction of the United States, and ot this Honoiable Court, and 40tbat by reason thereof, and by force of the Stalntes of the United States in such cases made and provided, the aforementioned and described -tls fur seal skins, become and are fortVited to the use of the said United States of America. Wherefore, the said Attorney prays that the usual process and monition of this Honorable Court issue in this behalf, and that all persons interested in the aforiMnentioned fur seal skins may be cited in gen- eral and special to answer the iwcuiises, and all due pro- ceedings benig had, that tlu; said 4ls tnr seal skms etc. 50 may, for the causes afcresaid, and others appearing, be condemned to the use of the United States n{ America, according to the foriu of the Statutes of the United States, in such cases made and p'ovided. WHIT. M. GKANT, U. S. Atty. for District of Akiska. (Endorsed)- No. 203.- The United States vs. 41s fur seal skins.— Libel of Information. — Filed September 14, 188'J.— H. E. Haydon, Clerk. 60 Sept. 14, Issit. Let the monition i.ssue returnable on the "isth day of Sept., lS8tt, with one publication in the newspapers. JNO. H. KEATLKY, Judge Dist. Court. ^mm (Exhibit " D " and No. !)S.) And aftt>r wards to wit, on S(>|)toml)er 2H, l^s'.t. tiruliiij^s of ''act and conclusions ot' law l)y tiii' Court were tiled in said cause, wliicli arc in words and tlgures foliowinj?, to wit: In tliH United States District Court, District of Alaska. The United states | j^-,, ^O:'.. Findings of fact and con- •041S fur seal skins, j ''I'-^ion^ of law. This cause haviuj;- been tried and submitted to the Court on the ]»leadings and evidence, the Court finds the follow- ing facts: First.— 'I'hat on July l."ith, 1H8I», and pi'ior therc^to, the crew of the British schoou(M' " Minnie " were eii^a^ed in killing and did kill fur seals in that ])ortion of Behi'iiig sea ceded to the United Stat(>s by Uussia, and within the waters of the District of Alaska in violation of the laws oftlie United States, and on said (late, at Latitude ."i."). 1 1 20 North, Longitude ltlij..">tl West, bad on board 4IS fur seal skins, taken in said waters, and two shot guns used in taking said seals. Second.- That said 418 fur seal skins and two shot guns wevt' seized for violation of said laws by the Coiiunander of iiie Kf-venue ilaiine vessel "Jiush." eu'^aged in the Revenue Marine Service of tiie Uniti'd Stat' s, l)y order of the President of the United States and by authority of the Secretary of the Treasury. Third. — That said property, when so seized, was de- Soiivered by said officer to the United States Marshal for the District of Alaska, and it is now in his custody and within the jurisdiction of this Court. Fourth. - That fur seals are water animals that appear annually in the wat(M's of Alaska, and especially about St. Paul and St. (ieorge Ids. in Behring s(,'a. .and on said islands produce and nurture their young, and make said islands their home, but disapi)ear in the winter. That they are usually killed by marauding vessels by shooting in the watei' where the sexes cannot be distin- 40guislied, and many thus killed are lost, and, l)i'ing timid and defenceless, are easily frightened liy such unusual noises and diHtuibance. anil are liable to be thus driven and kept away from their native h.iunts and the su|)ply exhausted, and they become e.xtinct by indiscriminate shooting and killing. 'J'heir value is contined lo those from one to ilve years old, and their product is of great commercial value, useful and necessary to the comfoit and enjoyment of mankind. As a conc'lusion of law the Court finds that the 4ls fur SOseal skins and 1' >hot guns bi'coine and ,ire forfeited to the use of the United Slates, and tlic plaintilf is entitled to a deci'ee declaring the same accordin^lv. Septembei' l's, ISsii. J(JlL\' M. KKATLKV. Judge District Court. (Endorsed) -No. 2(i;i.-The United States vh. 41 w fur seal skins. — Findings of fact and conclusions of lavrby the Court. -Filed September -js, ISSI1.--H. E. Havdon, Clerk. 60 Clain No. 19 "Ariel." EXHIBIT No 98 (G B.), CLAIM No. 19. Transcrijit of ix'egistr —Schooner "Ari(;l " ncjw "Ada," dated Ajiril 2. 1M>1. By order of the Commissiouei^, on consent of counsel, this exhibit is not prirfted. 274 P W' (Exhibit No. itit.^ Claim No. 14, '* Pathfinder." EXHIBIT No. 90 (G- B.), CLAIItt No. 14. Transckipt of Rkgistrak for Transmission to Chief Kkgistrar of Shipping. lO Ofliciiil Nuinlier ■ 7ft,nti8. .f Ship. Nniru' (if Ship. pHlliliiidt'i'. No., Dale 1111(1 Port of UuKintry. No. 1 of 18S6. Victoria, B. C. No., Dnt« mid Port of pifvlons Ucitistrv (if any). No. 17. 17lli Mny, l»Hi>. Port of lliii'if».\, N"s. Whetluii Britisli or Whether u Siiiliinf or ! Wlicru Hiiilt. Kori'i;;!! hiiill. i steiiiii BJiip ; iiml if h sifaiii sliip, how pro- pelled. I 20 Hritiah. Sailing. Number of Decks One. Nninlicr of Masts. . Two. ItiUged Schooner. Stern Square. Build Carvel. (ialliM'ips None. ,Q II«ad . Serowl. ■^ Framework Wood. When liulil. Name and Addrets of Builders. Kin);ston. Kent, N. B. May 24th, 1879. Length from fore part of item, under bowsprit, to the ilft nide of the head of the stern post. . . Main breadth lo oulside of plank Depth in hold frniii tonnage deck to ceiling at midships Depth in hold from upper deck to ceiling at mid- ships, in the case of three decks and upwards. Length ut engine ronin, if any Feet. Tenths. 68 21 Particulars of Tonnage. Gross Tonnage. Under Tonnage Deck Closed-in sjiaceH above the Tonnage Deck, if any Space or spaces between decks 4o!:""''- „ ^ I'orecadle Koiiiid House Other closed-ill spaces, if any, as follows: Trunk Oros>. Tonnage Deductions as per Contra Regislered Tonnage No. of Tons. 66.(12 8.86 69.88 3.86 66.02 Deductions allowed. On account of space reipiired for propel- ling power On account of spaces occupied by Seamen or Apprentices and appropriated to their use, and kept free from goods or stores of every kind, not being the per- sonal property of the crew These spaces are the following, viz.: Trunk Total deductions No. of Tons. 50 Names, Residences, and Description of the 1 Owners, and Number of Sixty fourth > vii., shares held by each, ) William Munsik, of Victoria, B. C, Grocer, Sixty-four shares. S.86 8.86 Name changed by order in -council dated 28th April, 1890, changing the name from PatliKiider to Pioneer 'n accord- ance with the requirements of the 21 St section of Chapter 7S of the Revised Statutes of Ca:iada. Dated 5th January, 1886. Registrar W. HAMLEY. 60 275 (Exhibit No. {•!».) Copy Transactions Subsequent to Ueoistky for Transmission to Reqis- trar-General ok Shipping and Seamen. Nntnberol Triiii^iictions. lO 20 Name of Pit- «on f 1' o ni whom Title ia derived. Number of HlinreB tif- fected. Dnte of Registry. ! Saturis mid date of Transaction. Willinin Mun- tiie. 16 12 Jnnnnrv, 188B, lO.mi A. M. Hill of Sale dati'd I8II1 Deceiiilur, 188B. ■William Mun- 32 12 January, 188B, I nt 10.3fi A. u. mil of Sale dated IStli I)pcciiiber, 188B. Name, Ui'sidfnce and Occupation of Transferee, Mort- (yagec, or other IVrsiin acquiring Title or Power. Frederick Carne, ,lr., Victoria, B. ('. Grocer. William Munaie and Frederick Carnc, ■Ir.. joint owners, both of V'icloria, B. ('. Grocers, 8 William Mun- sie and Fred- erick Carno, Jr., joint owners. 16 12 January, 1886, at 10.40 A. M. Mori Kane A, dated ISIb December, for ^1,107, eleren hun- dred and seven dol- lars. Andrew J. Bechtel, of Victoria, B. C. Hotel Proprietor. 4 30 AVilliara Mun- sic and Fred- erick Game, Jr., joint owners. 16 12 January, 1886. 1(1.40 A, M. Mortgage B. dated 18lh Dec, 1886. for ♦ 1 107, I'.leven hun- dred and seven dol- lars. Myrc N. Bechtel, of Victoria, B, C. Hotel Proprietor. 5 My re N. Becb- tel. 16 November 4th, 1890, at 4 V. u. Discharge of Mort- gage H, for * 1,1 07 (Eleven hundred and seven dollars). Ueceipt dated 4th day of November, 18il0. William Munsie and Frederick Carne, Jr., merchanls, Victoria, B. C, joint owners. 40 6 William Mun- sie, Freder- ick Carne,Jr. 8 November 4th, 1890, 4 P. M. Hill of Sale, dated Went worth K. 4tb day of Novero- Baker, of Victoria, ber, 1 b90. , B. C. Master Mariner. 7 William Mun- sie.Frederick Carne, Jr. November 4tli, ISltO, at 4 r. m. Bill of Sale dated the 4th day of Novem- ber, 1890. Arthur E. Morgan, of Victoria, B. C. .Master Mariner. 50 A 11 d r e w J. Becbtel. 16 May 8th, 189;i, at 2 p. u. Discharge of Mort- gage A for ^1,107. Receipt dated 2l8t April, 1893, William Munsie and Fieiierick Carne, Jr., Victoria, B. C. Merclianls. Joint owners. fl William Munsie. 16 28 October, 1893 at 3. BO p. M, Bill of sale dated 6 of October, 1893. George J. W.Brown, Victoria, B. C. Farmer, 10 60 Frederick Carne, Jr. 16 23 October, 1893 at 3.15 r. M. Bill of sale dated «th October, 1893. 11 William Mun- sie, Frederick Carne, Jr., joint owners. 16 2;ird October. 1893, at 3.1h p. M Bill of sale dated 6th October, 1H93. 27. M. Hill orHlllo (IlltOllUlll OclllllIT, IS'.l.'i. 18 20 Arthur K. Mor- 8 •iUrd OctoliiT, ISWit, lit 3. Ml p. M. Arlliiir v.. Miirtfiiii (lies (HI or nliiiiil till' mil rjiiy i)f I'Vli- riiiiry, is'Jl. Wil. liiiiii Miiii«if ii|i. pointiMl HiliiiiiiiHtra- t(ir of lii-i est ul CI 1111(1 pffi'i'lii liy order of till' Siiiirciiii- t^iiiirt (iriiritiali Ciiliiinbiu, William MiiiiHie, of Victoria, li, C. Mcrclinnt. 14 William Munslc. 8 23ra October, 18P3. Bill (if aale dntiid fitli OctdlxM-, 18113. Oeorfjol. W, Brown, ViotoriR, H. 0. Farmer. IB 30 Ccoi'tte .1. \V. Hrown. 64 23r(l Octoiuir, 181I3, nl4 r. M. Kill of snlu (luted 23rd Ooldlier, 1893. W e II t w r t h E. linker, of Victoria, B. C. Master Mariner. Claim No. 19, '' Ariel" (Continued). EXHIBIT No. 100 (0. B.), CLAIM No. 19. Momoraiulnin book for ISHit belonginj^ to S. W. Buck- man. Hy Older of tlie Commissioners, on consent of counsel, this exhibit is not printed. Claim No. 14, "Pathfinder" (Continued). United States Exhibits. .EXHIBIT No. 13 (U. S.), Claim No. 14. Twenty leceipts for \va<^es due to officers, hunters and crew of sc'lioducr " Pathtiuder," season of issii, all dated August ;'.l, issit, except the captain's, which is dated Sep- tember ;'., iss'.i. By ordei'df the ConunissiontU's, on consent of counsel, this exhibit is not ])nnted. EXHIBIT No. 14 (U. S.) CLAIM No. 14. MoRTCAOli; Tl) SkCUKK rWlNCIl'AI. Sl'.M AND IM'KKKST SlIIl' " PATIIFINUKlt." (The description of the vessel. ap])eari same as given in Kxliiliit .\o. HH (G. B.) pi by consent of counsel is omitted.) We the undersigned " (irocers " of the Province of British (Jolumbia, Frederick William Munsie, in 'consideration of Elev Seven dollars this d; y lent to us by Am hotel proprietor, of '^ietoria. British Colu for ourselves and our heirs covenant with nir here, is the 'inted above, and City of Victoria, Carne, Jr., and en Hundred and Irew J. Bechtal, mbia, do hereby^ the said Andrew '^mw (Exhibits Nos. U iiiui IT). U. S.) J. Bechtal firstly: That wt> or our heirs, executors or ad- ministrators, will pay to the said Andrew J. Bechtal the said sum of Eleven Hundied and Seven dollars (" together with interest thereon ;it the rate of," stricken out) with- out interest ( per annum on tht! day of," stricken out) on demand (" next; and secondly, that if the said Erincipal sum is not paid on the said day or eirs, exectors or administrators, will, during such time "as the same or any part thereof shall remain uiinaid, pay to the said interest on the whole or such part tnereof as may for the time being remain iin|)aid, at the rate of per cent, per annuu), l)y ecjual half yearly payments on the day of and day of in every year; and for better securing to," stricken out)" the said Andrew J. Bechtal the repay- ment in manner aforesaid of the said principal sum ("and interest," stricken out) we hereby mort- 20 gage to the said Andiew J. Bechtal sixteen shares, of which we are the owners in the ship above particularly described, and in her boats, guns, annnunition. sniallarms and appurtenances. We declare that this Mortgage is made on condition that the Power of Sale which by the Merchant Shipping Act, Is.H, is vested in the said Andrew J. Bechtal ('"shall not be exercised until the said day of " stricken out). Lastly, wtj for ourselves and our heirs covenant with the said Andrew J. Bechtal and his assigns that we have ))ower. to mortgage in manner 30 aforesaid the above mentioned shares, and that the same are free from incumbrances whatsoever and wheresoever. In witness whereof we have hereunto subscribed our names and affixed our seal this Eighteenth day of De- cember, one thousand eight hundred and Eighty-tive. WM. MUNSIE. [SEAL.1 FRED'K. CARNE, Jr. [seal.] Executed by the above named Frederick Carue, Jr. & William Munsie, in the presence of Wm. J. Pendroy 40 Registered at the Port of Victoria, B. C. 12th January, 188(3 Folio 51. Book B. W. Hamley. (Endorsed).— Registered At the Port of Victoria, B. C. May 8th, 1803. At 2 P. M. Folio 141> Book B. A. R. Milne Registrar Received, the sum of Eleven Hundred and Seven Dol- lars with Interest in discharge of the within written secur- ity. Dated at Victoria B. C. The 21st day of April, 18():i A. J. BECHTAL [seal.) 5° Witness F. A. Gowen Of Victoria, B. C. EXHIBIT No. 15 (U. S.), CLAIM No. 14. Mortgage, to Secure Principal Sum and Interest Ship " Pathfinder." (The description of the vessel appearing here is the same as given in Exhibit No. 99 (Ci. B.), printed above, and by consent of counsel is omitted). ^0 We, the undersigned "Grocers" of the City of Vic- toria, Province of British Columbia, Frederick Carne, Jr., and William Munsie, in consideration of Eleven Hundred and Seven dollars this day lent to us by Myie N. Bechtal, Hotel Proprietor of Victoria, British Columbia, do hereby for ourselves and our heirs covenant with the said Myre IMAGE EVALUATION TEST TARGET (MT-3) 1.0 1.1 11.25 Ui|21 125 ■tt liiii 12.2 !£ 1^ 12.0 u 1^ % V ^ '/ I^otographic Sciences Corporation 'V^> n WIST MAIN STXMT WMSTH.N.Y. USM (716)t72-4S03 ^ .V ^ l'7« i I lit (Exhibit No. ir., U. S.) N. Bet'htal, firstly: That we or our heii-s, executors or administrators, will |»av to the said Myre N. Bechtal the said sum of Kleven Hundred and Seven dollars (" tof;ether with interest thereon at the rate of " stricken out) without interest (" per annum on the day of." stricken out), on demand ("next; and secondly, that if the said princi- f>al sum is not paid rtn the said day. or leirs, executors or administrators, will, during such time as the same or any part thereof shall remain unpaid, pay to the said intert'st on the whole or such part thereof as may ff)r the time l)eing remain unpaid, at the late (»f per cent, perannum. hyecpial half yearly payments on tiie day of and day of in every year; and fctr lietter securing to," stricken out), the sjiid Myre N. Bechtal the repay- ment in manner at'oresiiid of the said principal sum ("and interest." stricken out*, we hereby mortgage to 2othe said M\re N. Reclital Sixteen shares, of which we are the owners, in the ship above |)arti('ularly described, and in her boats, giuis, annnnni- tioii. small arms, and appurtenanci-s. We declare that this Mortgage is made on condition chat the Power of Sale which by the .Merciiant Shipping Act. I^.">4. is vested in the said Myre N. Hecbtal (" shall not be exercised until the said day of ." stricken out ». Lastly, we for ourselves and our heirs covenant with the said Myre N. Bechtal and assigns that we have 30 power to mortgage in mannei- aforesaid the above men- tioned sliaies. and that the same are free fr<»m incun)- brances whatsoever and wheresoever. In witness whereof we h.iv)> hereunto sid>s(ribed our name and atiixed our seal this Eighteenth day l>e(;ember one thousand eight hundred and Kightv five. \VM. MINSIK. ■ FKKI). K. CAKNK, .Jk. Executed by liiealiove named | Krederick Carni'. .Jr. it W ii- 1 Ham Mnnsie in tlii> presence { of- ) \VM. .1. TKNDHrjY. Registered at the Port of Victoria, B. C. ]ss»l. Folio .M. Book B. W. (Endorsement)— In consideration of the Thousand Dollars (Si.ooo.ou) being the whole of the principal sum due upon the within Mortgage, the receipt and payment of which I hereby acknowledge I, the Administrator of the |M'rsonal <'state of tne within Mortgagee, do her.?by release and discharge the within named vessel " Pathfinder" and the Mortgagors herein, namely Frederick Carne, Junior and William Mnnsie, from all claims and demands in respect of the principal sum within mentioned, and liereunder due. --Dated the 4th day of November, A. D. isito.— Geo. W. Haynes | seal J. -Administrator of the estate and effects of Michael Nehemiah Bechtel, deceased, (and in the within Mortgage called Myre N. Bechtel), by Letters of Administration dated ihe 22nd day of October, A. D. IHUO. -Witness A. L. Belyea. Registered at the Port of Victoria, B. C, November 4th, 1890. At 4 P. M. Folio 141>. Book B. A. R. MILNE, Registrar. [mkai.. 1 ■HKAL.] 40 , l-Jtb January, H. UMLKV. sum of One 50 60 87(» (Exiiibit No. l«i, U. S.) EXHIBIT No. 16 (U. 8.) CLAIM No. 14. Certified copies of L\\w\, Amended Libel Jind Decree in proceedings in United Stales District Conrt in Alaska in case of United States vs. sr.M Fur Seal Skins. In the District Court of the United States of America, Disnict of Alaska, 'o Of the May term in the; year one thousand eight hun- dred and eighty-nine: The United States ] rs. (^ No. i'(»4. U. S. Revised Stat- 8.53 F'jr Seal Skins, 4 [ uli-s, Sec. iiOfi. Rifles and Sshot (Jims. J To the Honorable John H. Keatley, Judge of the United Stat»^s District Court for the District of Alaska: The lilu'l of information of Whit M. (irant, .Attorney 2Qof the United States for the Distiict of Alaska, who prose- cutes on behalf of the United States, and being present in Court in bis proper person, in the name and on behalf of the said United States against the s:,:i fur seal skins, and against all |»ersons intervening for their interest therein in a case of forfeiture, a leges and informs as follows: That I. (J. ShepanI, an agent of the Treasury Depart- ment of the United States on duty in the waters of the District of Alaska, heretofore and on or abont the 2!tth day of July in the year of om- Lord one thousand eight -Qbundred and eighty nine, at or near Latitude ."»7.i'4 N. Lon- gitude 177.."»."i VV. in Hehring Sea an*' )vithin the District of Alask'i. and within the juiisdict >n of this Court, on waters navigable fron the sea by ve.ssels of ten (in) or more tons bnrden, .seized the s'-:\ fnr seal skins, 4 rifles and M shot guns, being the property of some person or per- tons to tin- said attorney unknown, as forfeitetl to the United States for the following among other causes: That the Miid vessel is owned by a citizen orcitizens of British Columbia ami bad on boinl the fnr seal skins aforesaid, said seal having been taken by the crew of the said vessel within the limits of the Distrii t of .Ma-^ka, and the waters thereof, that the fnr seal is naturally a water animal whose winter abode is unknown, that they are timid and liable to be drivtMi from their native haunts by shoot- ing and other unusual noises (irdisturbaiii-es. that they ap- pear in the waters of Hehring Sea and within the District of Alaska, and espei ially about St. I'aul and St. (ieorge Isbinds and produce tlieir yonng and nurse them, and they are nutiu'«'d on and always return to said Islands eoand waters as their home, that in the watr the sexes can not be di.stinguisbed, and many killed in the water are lo.st. that their commercial valui' is cuntiiied to those from opie to five years old. that their product is of great com- mercial value, useful and necessary to the comfort and en- joyment of mankind, that seals are naturally defenseless and if |»ermitted to be indiscriminately killed will soon be- come extinct and the supply exhausted, and the said at- torney saith, that all and singular the premises are and were true and within the admiralty and marit me jurisdic- ggt'on of the United States, and of this Honorable Court, and that by reason thereof, and by force of the Statutes of the United States in such cases made and provided, the aforementioned and clescribed 858 fur seal skins and guns become and are forfeited to the use of the United States of America. Wherefore, the said Attorney prays that the 40 StM) ( Exhibit No. 1«. U. S.) usual proce!«sand iiionitinn of this Honorable Court it-sueiii this i)ehalf, and that all iwrsons interested in the afore- mentioned fur ^eal skins may be cited in general and special to answer the premises, and all due proceedings being had, that the said 858 fur seal skins and guns may, for the causes aforesaid, and others appearing be con- demned to the use of the United States of America, acconj- loing to the form<»f the Statutes of the said United States, in such cases made and provided. WHIT M. GRANT, (Endor8e No. 204. Decree. 853 fur seal skins. ) This cause came on to be heard on motion of Whit. M. Grant, United States District Attorney, and it appearing to the Court that six boxes of ammunition, contaming .) he iiad attached the sM fur seal skins, 8 shot auuti and 4Kn cartridgfB, and ^ivi-n duo notice, as required by law, f^nt all persons claiming; tlit* sann* should a|»|H»ar l>efore this Court, at 10 o'clock, A. M., this 2Sth day of Septemlier, 188!>, at Sitka, and then atx! there interpose their claims and make their alleviations ii. i.iat bi.'half, and at said time and date proclamation was duly made as required 10 by law, and no claim having lH>en interposed, ap|M>arance entered, or defence flU'd, it is therefore ordered that all persons interested in the said ^H'A fur seal skins, 8 shot puns, 4 rifles, tiaji brass shells, and 4ho cartridges, be ad- judged in contumacy and default and the libel of informa- tion adjudged and taken ftntvtmfrssn. And said cause having been submitted to the Court U|)on the pleadings and evidence, and the Court being fully advis(Hl in tl':i> premises and having flied hisflndings of fact and conclusions of law herein. 2o It is* therefoi"e, ordered, sentenc»'d and decreed by the Court that said s.v, fur seal skins, s shot guns, 4 rifles, 63t> brass shells, and 4S0 cartridges, be and the same are, for the reasons set out in the libel of information hereio condemned as forfeited to the use of the United States. And it is further ordered that the Clerk of this Court issue to the Marshal of this District the usual writ of veudHiind exintuas commanding him to cause said H.'i.S fur seal skins to m transferred from bis t»ttice at Ounalaska to San Francisco, California, and there sell the same, and JO that he sell said H shot guns, 4 rifles, «>:v.> brass shells and 4S0 cartridges in this district. That he giv«« at least ten days notice of the time and pla(;e of such sales and to pay the proceeds into Court to be disposed of according to law. Said rifles and carti'idges not to l»e sold to Indians. The Marshal is ordered to keep a separate and detailed account of all the e.\penses connected with said property, and where the ex()ense is connected with other like prop- erty he will apportitm the same and charge the above property with its share thereof separately, and report the ^osame to this Court with his report of sales. * JOHN H. KEATLKV, Judge Dist. Court. (Endorsed)— N«». 204.— The United Slates vs. 853 Fur Seal Skins Decree.— Filed Sept. l'S. iSH».-H. E. Haydon, Clerk. EXHIBIT No. 17 (U. S.), CLAIM No. 14. Check dated November 7, is!t(», payable to Geo. H. Haynes (Estate of N. M. Bechtel), or order signed \Vm. 5° Munsie, schooner a/c. This check is printed in full at page HUS of the Record. Claim No. 26, " Wanderer " EXHIBIT No. 101 (0. B.). CLAIM No. 26. Transcript of Registry, schooner " Wanderer," July 31, 1872 to February 2«, 1S!M$. By onler of the Commissioners, on consent of counsel, g^this exhibit is not printed. Olaim No. 14, " Patbflnder " (continued). EXHIBIT No. 102 (0. B.), CLAIM No. 14. Memorandum of sealing venture to schooner " Wan- derer " and charterers in 1H8». By order of the Commisaioaers, on consent of counsel, this exhibit is not printed. If p I i I5j I-, 1 ■ : ■ 'U (ill i (Exhibits Nos. io3. 104, \»h, lor., lo7 and 108.) Claim No. 22, " Henrietta." EXHIBIT No. 108 (0. B.). CLAIM No. 22. Transcript of Registry, schooner " Henrietta," March 4, 1891 to November 27, 18H5. By order of the Cominissionera, on consent of counsel, this' exhibit is not printed. 10 ao EXHIBIT No. 104 (0. B.), CLAIM No. 22. Agreement dated January 1.1, l8Ji4, between the Sitka Trading Company, of Sitka, and M. Pinckney, of Vic- toria, B. C. By order of the Commissioners, on consent of counsel, this exhibit is not printed. EXHIBIT No. 105 (0. B.). CLAIM No. 22. Agreement dated January VA, lh!»4, between W. P. Mills, of Siika, Alaska, and M. Pinckney, of Victoria, B. C. By order of the Commissioners, on consent of counsel, this exhibit is not printe<1. EXHIBIT No. 106 (0. B.), CLAIM No. 22. Bill from Sitka Trading Co., at Sitka, Alaska, to 3oSchooner "'Henrietta," Capt. M. Pinckney. January 5», 1H94. By oi'der of the Commissioners, on consent of counsel, this'exhibit is not printed. EXHIBIT No. 107 (0. B.). CLAIM No. 22. Bill from W. P. Mills, Sitka, Alaska, to Schooner " Henrietta " or owner, dated January i:i, 18J»4. By order of the Commissionei-s, onconsent of counsel, 4° this exhibit is not printetl. EXHIBIT No. 108 (0. B.). CLAIM No. 22. Inventory of Stores Left on Schooner " Henrietta," AT Sitka, after Seizure in September, 1S92. 8 boxes of bread, ® $2 60 $20 00 16 Sacks flour, @l|il.5(» 24 00 4 bags sugar (400 lbs.), (ft Gi^- 26 00 506 mats rice (3(»0 lbs. ), m*S^ 18 Oo 3 boxesaitples (150 lbs.), @ 15V 22 50 \ barrel pork 5 00 2 boxes tobacco (20 lbs.), fcGSV' 26 00 25 lbs. lard.® \^ ... 3 50 2 tubs butter (140 lbs.), (a)35 o| ii. case of United States /•«. " Henrietta " in United States District Court in Alaska. In the District Court of the United States for tiie Di»2, when ('. S. .Johnson, Esq.. U. S. Attorney for the District of Alaska presented and tiled, the libel of information in said cause, which is in words and figures following, "^o-wit: In the United States District Court in and for !■ District of Alaska. The United States 1 r.s. I- Libel. ^pThe schooner " Henrietta," her boal.s, , tackle, apparel, furniture and cargo. J Of the May term of said court in the year one thousand eight hundred and ninety-two. To the Honorable Warien Truitt, Judge of said District Court: The libel of Information of C. S. Johnson, Attor- ney of the United States for the District of Alaska, wh(» proseciites on behalf of the United States, and being pres- ent in Court in his own proper person, in the name, and on behalf of the United States, against the schooner 40" Henrietta," her boats, tackle, apparel, furniture and cargo, and against all persons intervening for their interest therein in a cause of forfeiture, alleges and informs as follows: That C. L. Hooper, a captain in the I'nited States Rev- enue Marine Service, duly commissioned by the President of the United States, and then and there commanding the United States Revenue Cutter Corwin, on duty in the waters of Alaska, and only authorized in the prenusos here- tofore, on. or about the fith day of September, l!S!t2, 50 in the Port of Dutcii Harbor, near Unalaska, within the District of Alaska, and within the jurisdiction of this court, on wateis navigable from the sea by vessels of ten or more tons burden, seized the vessel commoidy called a schooner and known as the " Henrietta," her boats, tackle, apparel, furniture and cargo, and turned the same over to Collector of Customs for the Port of Sitka, in said District of Alaska, where the same now are, said vessel, her tackle, boats, apparel, furniture and cargo, being the property of some person or persons unknown to said Attorney, as 60 forfeited to the United States for the following among other causes: 1st. That on or about the 28th day of June, 18!>2, within the limits of the United States, within the limits of the Alaska Collection District, and within the watere thereof, within four leagues of the coast of said District and within iHr> (Exhil.it No. 10!>.) the Jurisdiction of this C'niii-t, to wit: In Tanki Bay, Afognalc Island, there was unladen from the British schooner " Kate." a larj5e amount of merchandise consist- ing of coal, flour, biscuit, potatoes and canned meats, that said schooner " Kate" was fioni a foieign port, was laden with merchandise and boinul for the iJiiited States, that on or about said :>8th day of .June, ls!»:i, said schooner ar- lo rived and anchored in said Tanki Bay, in said Collection District of Alaska; said wasel at the time of unloading said merchandise had nf»t come to the proper i)lace for the discharge of her cargo or any part thereof nor had she been authorised by any oRictMof the Customs of said Dis- trict to unlatle the saiue, an2, the fol- lowing further proceedings were had in said cause and appear of record, which were in words and figures foUow- joiug; to-wit: United States 1 vs. I Schooner "Henrietta," her boats, [-No. 3.53. tackle, appai-el, furniture and | cargo. J Now, on this 22nd day of September 1.S92, comes C. S. Johnson, United States District Attorney, and files a libel of information against the Schooner "Henrietta," her boats, tackle, apparel, furniture and cargo, and 60 against all persons intervening for their interest therein in a cause of forfeiture for violation of Sections 2867, 2868 and 3109 of the Revised Statutes of the United States. It is therefoi'e ordered that the Clerk of this Court issue the usual process and monition, and a writ of attachment 9*1 T" (Exhibit No. 1m U. 8.) directed to thf MarHhal of Paid District, returnahlo on Tuesday the istji day of October, IHifj, at ten o'clock A. M., dii'Hcting Qixl commanding him to make H»>izure and take into his poHHession the »'aid schooner '* Henri- etta," her boats, tackle, apnarel, furnitine and carg«>. It iH further ordered by the Court I hat UrvilleT. Porter. United States Marshal, cause due notice of said seizure to lobe made and ^iven and also of the information on file by causinft the substance of said information and of the order of the Court setting forth the time and place appointed for trial to be published in tiie Alaska Hemhl, a news- paper of general circulation printed and published at Sitka, in said District, and post up the same in the most public place for a period of not less than fourteen days. And that the place and time of trial is hereby fixed at Sitka, in said District, on the isth day of October, lH)t2. Be it further remembered that on the said ti2d day of 2oSeptember, 181»2, a monition was duly issued in said cause, which is in words and figures following, to- wit: In the United States District Court in and for the Dis- trict of Alaska. The Unitetl States ") r.s. I The schooner " Henrietta," her | No. :w.\. boats, tackle, apparel, furni- | ture and cargo. J 30 The President of the United States of America, to the Marshal of the District of Alaska, Greeting: Whereas a lil)el (»f information has been tiled in the above District Court, by United States District Attorney C. S. Johnson, on behalf of the United States and against the schooner '" Henrietta." her boats, tackle, apparel, fur- niture and cargo and alleges in substance: That C. L. Hooper, a captain in the Revenue Marine Service, duly commissioned by the President of the United States, and then and there commanding the United States ^oRevenue Cutter "Corwin," on duty in the waters of Alaska, and duly authorized in the premises heretofore, on or about the Oth day of September, 1892, in the Port of Dutch Harbor, near Unalaska, within the District of Alaska, and within the jurisdiction of this Court, on waters navigable from the sea by vessels of ten or more tons burden, seized the vessel commonly called a schooner and known as the " Henrietta," her boats, tackle, apparel, furniture and cargo, and turned the same over to the Col- lector of Customs for the Port of Sitka in said District of 50 Alaska, where the same now are, said vessel, her boats, tackle, apparel, furniture and cargo being the pi-operty of some person or persons unknown to said Attorney, as for- feited to the United States for the following, among other causes: 1st. That on or about the 28th dav of June 18!t2, within the limits of the United States, within the limits of the Alaska Collection District, and within the waters thereof, within four leagues of the coast of said District and within the jurisdiction of this Court, to wit: In Touki Bay. Afog- ^nak Island there was unladened from the British Schooner " Kate " a large amount of merchandise consisting of coal, flour, biscuit, potatoes, and canned meats. That said schooner " Kate" was from a foreign port, was laden with merchandise, and bound for the United States; that on or about said 28th day of June 1892, said schooner arrived W8 llll (Exhibit No. is U. S.) nnd (uu-hored in Hiiid Toiiki Buy, in snid Collfction DiHtrict of AlaHkn. Said \'pmf\ at the time of unludinK Hflid iner chandise had iu)t conn* to the proper place for the dis- char(;e of her car^o. or any part thei-eof, n«)r had she heen authorised by any otticer of the ruHtoniH of said l)iHtrict to unhide the mune, and uaid unhiding waH not made iieces- sary hy any unavoi(hihh) accident. neceHHJty or diHtreHs. icThat all ttf wiid inerchandiM' so uiihidened ivaH then and there put and re2, said vessel cleared fi-un the foreign port of Vi<-toria, Mritish Columhia, having on 2choaid hallast and stores. That on or altoiit the 2Hth day of.lnne, IMt^, said vessel so laden arrived in the waters of the L'nited States from said foreign Territory, adjacent to the norlhwestern frontier of the l'nited States, to wit: In Touki Bav, Afognak Islaiwl. within the collecrtion dis- trict of Alaska and within the jurisdiction of this Court, and anchored in said hay. That at said time one M. Pinkney was the master and in charge of said schooner " Henrretta." That said Ma«ter did not repoit to or at th« oflice of any Collector or deputy Collector of CustoniH for 30 said l)istri( t, nor did he obtain or receive a special permit for any such otiicer to proceed further inland or to unlade or take in cargo. That said vessel on or about the :.'sth day of June 18l»2, within s^aid Touki Bay, within the collection district of Alaska, within the waters of the United States, and within the jurisdiction of this Court, did unlade a part of her cargo, to wit, about one hundred and fifty fur seal skins, aiui did transfer said seal skins to the British schooner " Kate," and did then and there ta' e in from said schooner 40 "Kate "a large amount of mei landise. consisting of coal, tlour, biscuits, j)otatoes an. comes C. S. John- son, United States District Attorney, and tiles a ]i\\e\ of in- formation against the schooner " Henrietta," hoi boats, tackle, apparel, furniture and cargo, and against all per- sons intervening for their interest therein in a cause of forfeiture for violation of Sections 2Mii7, 2H»t.s and 310!» of the Revised Statutes of the United States. It is therefore ordered that the Clerk of this Court issue the usual process and monition and a writ of attachment directed to the Marshal of said Distiict, returnable on Tues- 60 day the 18th day of October, 18!>2. at 1(» o'clock A. M., directing and commanding him to make seizure and take into his possession the said schooner "Hemietta," her boats, tackle, apparel, furniture and cargo. It is further ordered by the Court that Orville T. Porter, United States Marshal, cause due notice of said seizure to 2H1» (Exhibit No. Ih U. S,) t>c made and ((ivf"' nod nUo of tlu* information on filo, hv cansinit the Hubetunot of Huid information and of the order of the (*ourt thereon Hcltin^ forth the time and place Ap- pointed for the trial to he published in the AluHka Herald, a newHpu|)er of (leneial circulation printed and publiHJied at Sitka in said T)iHtrict, and to |M>rtt up the same in the most public place for 11 |)eriod of fourteen dayn, and that lo the time and place of trial is herehv fixed at the City of Sitka on the I Nth day of October, fNt»2. You ar«> therefore hereby commanded to attach the said schooner " Henrietta," her boats, tackle, apparel, furni- ture ami cargo, to detain the same in your cuHtody until the further order of the Court respectuig the Name, and give notice to all perHons claiming the Kame or knowing or having anything to Hay. why the same should not bS condemned and sold pui-suant to the prayer of said libel of information, that they be and ap|iear before 20 said Court, to he held in and for the District of Alaska, at Sitka, on the jMth day of (>ctol)er, 1802, at ten o'clock in the forenoon of the same day, if the same shall be a day of jurisdiction, otherwise on the next day of jurisdiction thereafter, then and tliere to in- terpose a clain) for the same, and make their obligations in that behalf, and what you shall have done in tbo premises, do you then and tliei-e make return thereof "<• gether with this writ Witnesa ♦h- Honorable Warren Truitt, Judge of said 30 Court, ami da- seal thereof affixed at tbe city of Sitka, in the District of Alaska, ihis the :j-2nd day of Septembei, I8i(_', and of the independence of the Tnited Gtatea the one hundred and seventeenth. X. R. PECKINPAUOH, Clerk. (Endorsefl)— No. 853. ~U. S. Dist. Court.— Dist. of Alaska. —United States vs. Schooner "Henrietta" et al. — Monition.— Returned and tiled October 18, 18»2.— N. R. Peckinpaugh, Clerk. Mar.shal's Notice ok Seizuke. In the District Court of the Uniteil States for the District of Alaska. Whereas a libel of information has been flied in the above District Court, bv United States District Attorney C. S. Johnson, on behalf of the United States against the schooner "Henrietta," her boats, tackle, apparel, furni- ture and cargo and alleges in substance: That C. L. Hooper, a captain in the Revenue Marine $0 Service, duly commissioned by the President of the United States, and then and there commanding the United States Revenue Cutter "Corwin," on duty in the watei-s of Alaska, and duly authorized in the premises heretofore, on or about the 6th day of September, 18t>2, in the Port of Dutch Harbor, near Unalaska, within the District of Alaska, and within the jurisdiction of this Court, on waters navigable from the sea by vessels of ten or more tons burden, seized the vessel commonly called a schooner an(* known as the " Henrietta," her boats, tackle, apparel, "urniture and 60 cargo, and turned the same over to the Collector of Cus- toms for the Port of Sitka in said District of Alaska, v.'h >re the same now are, said vessel, her boats, tackle, apparel, furniture and cargo l>eing the property of some person or persons unknown to said Attorney, as forfeited to the United States for the following, among other causes: It." I III t ;:' 290 (Exhibit No. is U. S.) let. That on or about the 2Mth day of June, 18y2. within the limits of the United States, within the limits of the Alaska CoUei-tion District, and within the waters thereof, within four leagues of the coast of said District and within the jurisdiction of this Court, to wit: In Touki Bay, Afognak Island, there was unladened from the British Schooner " Kate" a large amount of merchandize consist- loing of coal, flour, biscuit, potatoes, and canned meats. That said schooner " Kate '" was from a foreign port, was laden with merchandise, and bomid for the United States, that on or about said 2Sth day of June, 1HU2, said schooner arrivetl and anchored in said Touki Bay, in said Collection District of Alaska. Said vessel at tlie time of unlading said merchandise had not con)e to the i)roper place for the discharge of her cargo, or any part tliereof, nor had she been authorized by any officer of the customs of said District to unlade the tianie. and said unlading was not made neces- 20 sary by any unavoidable accident, necessity or distress. That all of tsaid merchandise so unladen was then and there put and received into said schooner "Henrietta" with the full knowledge and consent of one M. Pinkney, who was then and there master of said vessel, and contrary to sections 2Hti7 and L'St'.Sof the Revised Statutes of the Lnited States. 2nd. That said schooner " Henrietta " is a foreign vessel, owned and registered in the Province of Canada. That on the 12th day of March, lsi»2, said vessel cleared from the foreign port of Victoria, British Cohmibia, having on 30 board ballast and stores. That on or about the 2Sth day of June, lh}»2, said vessel so laden arrived in the waters of the United States from said foreijjn territory, adjacent to the northwestern frontier of the United States, to wit: In Touki Bay, Afognak Island, within the collection di.strict of Alaska and within the jurisdiction ot this Court, and anchored in said bay. That at said time one M. Pinkney was the master and in charge of said schooner " Henrietta." That said master did not report to or at the office of any Collector or Deputj' Collector of Customs for said District, 40 nor did he obtam or receive a special permit for any such officer to proceed further inland or to unlade or take in cargo. That said vessel, on or about the 2Sth day of June, IS02, within said Touki Bay, within the collection district of Alaska, within the waters of the United States, and within the jurisdiction of this Court, did unlade a part of her cargo, to-wit: About one hundred and fifty fur seal skins, and did transfer said seal skins to the British schooner " Kate," and did then and there take in from Sosaid schooner " Kate "' a large amount of merchandise, consisting of coal, flour, biscuits, potatoes and canned meatd, all contrary to the provisions of Section 3109 of the Revised Statutes of the United States. And all of the acts and things complained of in this libel of information as having been done and pe.'formed by said vessel and her master weie done and per.'ormecl with the full knowledge and approval of the master contrary to the Statutes of the United States, in such cases made and provided in viola- tion of the custom and revenue laws of the United States. 60 Now, on this 22nd day of September, 1892, comes C. S. Johnson, United States District Attorney, and flies a libel of information against the Gchooner "Henrietta," her boats, tackle, apparel, furniture and cargo, and against all persons intervening for their interest therein in a cause of forfeiture for violation of Sections 2867, 2868 and 3109 of the Revised Statutes of the United States. so, 'i- i 'i, I 2U1 (Exhibit No. 18 U. S.) It is therefoie ordered that the Clerk of this Court issue the usual process and monition and a writ of attachment directed to the Marshal of said District, returnable on Tuesday the 18th day of October, isjtji, at 1(> o'clock a. M., directing and commanding him to make seizure and take into his possession the said schooner "Henrietta," her boats, tackle, apparel, furniture and cargo. ID It is further ordered by the Court that OrvilleT. Porter, United States Marshall, cause due notice of said seizure to be made and given, and also of the information on file, by causing the substance of said information, and of the order of the Court thereon setting forth the time and place appointed for the trial l.o be published in the " Alaskan Herald," a newspaper of general circulation, printed and published at Sitka, in said l)istri(;t. and to post up the same in the most public place for a period of fourteen days, and that the time aii Rkturn of Monition. United States, District of Alaska, ss. Be it remenjbered that in obedience to monition, I have attached the schoonei .Q boats, tackle, apparel, furniture and cargo, and now hold the same in my possession, subject to the order of this Honoiable Court. And in obedience to the order of the Conrt, made and entt'red in said cause, l.gave due notice of the pendency of said libel of information by publication of the within notice of seizure for fourteen days in the Ahtskaii Her- aUl, a newspaper of general circulation printed and pub- lished at Sitka, in said district, and by pnsting up the same in front of the Custom House at Sitka, in said cj^ district, for the same period, a copy of said notici.' is hereto attached and made a part of this return, and I herewith return this writ duly executed. ORVILLE T. PORTER. United States Mai-shal, District of Alaska. Sitka, Alaska, October 18, 1892. And on the same date, September 22, 1892, the follow- ing further proceedings were had and appear of record in said cause, which are 'n words and figures following, to- 60 wit: United States *) Schoouer "Henrietta/' her boats, tackle, \^^- ^'*^- afiparel, furniture and cargo. J It is ordered by the Court that R. C. Rogers, Esq., be and he is hereby appointed a Commissioner to take the testi- the annexed Henrietta," her IF 202 c ■; ' I ■ n li (Exhibit No. IS U. S.) niony on part of tlie libelant at Sitka, Alaska, commenc- ing on tlie 2ttth of September. isi>2, and likewise at such time and place to take such testimony on Itehalf of the claimants as they may produce. And afterwards to wjt, on September 23, 1S!>2, the fol- lowing fintlier proceedings were had in said cause and appear of record, which are in words and figures follow- to ing, to- wit: United States 1 Sch(K>ner '* Henrietta," her tackle, h^"' ■^■'^■^• apparel, furniture and cargo. J Comes now Messrs. Hughes, Hastings and Stedmau, proctors for claimant, and moves the Court for leave to file the claim of intervention of M. Pinckney, inter- vening for the owner of the schooner " Henrietta," her tackle, apparel, fui-niture and cargo. ^° Said motion having been by the Court considered, it is ordered that leave be granted to file said claim. In the District Court of the United States for the District of Alaska. United States 1 v.s. I No. 3."».1. Schooner " Henrietta," her boats, [- Appointment of tackle, apparel, furniture and | Proctor, cargo. I 3° I, the undersigned, master of the schooner " Henrietta," seized in this action, hereby appoint H. H. A. Hastings my pioctor to represent me and the owner of the said schooner and cargo in this proceeding HUGHS HASTINGS & STEDMAN. Proctors. Dated, Sept. 22. 1S92. M. PINCKNEY. Master Schr. "Henrietta." To C. S. Johnson, 4° U. S. District Atty. for District of Alaska. You will please take notice that Hughs, Hastings & Stedman and H. H. A. Hastings hereby enter their ap- pointment in this action as proctors for the master thereof, M. Pinckney and Chas. Spring, her managing owner. Dated, Sitka, Alaska. Sept. 28, 1892. HUGHS, HASTINGS & STEDMAN, Proctors for M. Pinkney and Chas. Spring. Due notice of said appearance this day acknowledged. Sept. 23. 18i»2. C. S. JOHNSON, Atty. for Plaintiff. (Endorsed)— No. 353.— i^e Henrietta.— Appointment of Proctor.— Filed Sept. 23, 1892.— N. R. Peckinpaugh, Clerk. And on the same date, to-wit, on Sept. 23, 1SI»2, a stipulation to take testimony was filed, which is in words and figures following, to-wit: In the United States District Court in and for the District of Alaska. 6o The United States 1 vs. I No. 3.53. TheSchooner" Henrietta," her |> Stipulation to take test i- boats, tackle, apparel, furni- | mony. ture and cargo. J Whereas, upon the trial of this cause, the testimony of Capt. C. L. Hooper, commanding the U. S. Steamer 50 'W'"Tf»lf", 2»S (Exhibit No. 18 U. S.) "Corwin," and the testimony of a large number of the crew of the schooner " Henrietta" is necessary; and Whereas, all of said witnesses are non-residents of the District of Alaska, and are about to leave said District, and the bringing of said witnesses back to Bitka in said District, would work great hardship to them, and cause great expense to the plaintiff herein, lo It is hereby stipulated and agi-eed by and between the parties hereto that Hon. K. C. lagers, United States Com- missioner at Sitka, Alaska, heretofore appointed by the Judge of this Court as a Commissioner to take testimony in this cause, may take the testimony of such witnesses as may be presented by either party at the Coui-t room in said Sitka, beginning on the 24fh day of September, 1892, and continuing from day to day until all of such testimony shall have been taken. That when the taking of said testimony shall have been 20 completed, it, together with any and all exhibits offered in evidence, shall be by said Commissioner returned to the clerk of this Court. It is further expressly stipulated and agreed that all ob- jections to the manner and form of taking and returning said testimony are hereby waived, but objections to mate- liality and competency, etc., thereof are not waived. Dated Sitka, Sept. 24, 18»2. C. 8. JOHNSON, U. S. Atty. for Plaintiff. 30 HUGHS, HASTINGS & STEDMAN, Proctors for Claimants. (Endorsed)— No. 353.— In U. S. Dist. Cort. Dist. of Alaska. — The United States vs. The schooner "Hen- rietta," etc.— Stipulation to take testimony. — Filed Sept. 23, 1892.— N. R. Peckinpaugh, Clerk. And on the same date the defendant filed claim of own- ership in said cause, which is in words and figures follow- ing, to wit: '^^ In the District Court of the United States for the Dis- trict of Alaska. Uniteil States vs. 1 Schooner Henrietta, her tackle, }■ Claim of Ownership, apparel, and furniture and | cargo. J To the Honorable Wan-en Truitt, Judge of the United States District Court for the District of Alaska. 50 M. Piuckney, of Victoria, Province of British Columbia, master of the Schooner " Henrietta," seized and held under attachment in the above entitled proceeding, inter- vening for the interest of Chas. Spring, of Victoria, British Columbia, the managing owner of said schooner " Henri- etta," her tackle, boats, apparel, furniture and cargo, and ship supplies, and of himself as said master, and says that said above-named Chas. Spiing is the true managing owner thereof, and thereupon the said claimant prays a restitution of the same to him and otherwise right and 60 justice to administer in the pi*emises. M. PINCKNEY. Master Schr. " Henrietta." Territory of Alaska, District of Alaska. M. Pinkney, being duly sworn, deposes and says that he is the master of the schooner " Henrietta," seized in this SM lO 20 (Exhibit No. 18 U. 8.) action; that the inattei-s and things set forth in the fore- going claim are true as he verily believes. M. PINCKNEY. Signerl, subscribed and sworn to before me this 22d day of Sept., 1892. L. S. R. C. ROGERS, U. S. Com'r. (Endorsed).— No. 358. -United States f.s. Schooner " Hen- rietta."— Claim of O^^nei-ship.— Filed Sept. 23, 18i»2.— N. R. Peckinpaugh, Clerk.— Hughs, Hastings<& Sted- man, Proctoi-s for Owner and Cl'mnt. And afterwards to wit: on September 28, 1892 the dt- fendants filed exceptions to libel of information, which are in words and figures following, to-wit: In the United States District Court for the District of Alaska. In Admiralty. The United States ] vs. I No. 3.53. The Schooner " Henrietta," }■ Exceptions to libel, her boats, tackle, appar- | el, furniture and cargo. J To the Honorable Warren Truitt, Judge of the District Court for the District of Alaska. The exceptions of M. Pinkney Master of said schooner " Henrietta" and claimant herein to the libel of the United States, libelant, allege that the said libel is in- 30 formal and insufficient as follows: First: That the third paragraph of said libel fails to state a ground for forfeiture under sections 2867 and 2868 of the Revised Statutes in this, that there is no allegation therein that the said unlading and transferring was done for the purpose of defrauding the United States. Second: That the fourth paragraph of saii"s for Claimant. (Endorsed)— No. 3.53.— United States fs. Schr. '"Henri- etta." — Exceptions to libel. — Due service of within ex- ceptions the dav.— Acknowledged Sept. 28, 1892.- C. S. Johnson, U.'S. Dist. Atty.— Filed Sept. 28, 1892.— N. R. Peckinpaugh, Clerk. — Hughs, Hastings &Sted- nian, for Chnts. 50 And afterwards to- wit, on September 28, 1892, the fol- lowing further proceedings were had and appear of record in said cause which are in woi-ds and figures following, to-wit: United States ] ' ' ■''■ V No 353 60 Schooner " Henrietta," her boats, tackle, [ ^ ' apparel, furniture and cargo. J And "ow on this 28th day of September, 1892, M. Pinckney, master of said schooner " Henrietta," her boats, tackle, apparel, furniture and cargo, appears herein by H. H. A. Hastings, Esq., his proctor and makes claim fur 2»5 (Exhibit No. 18 U. S.) said schooner " Henrietta," her boats, tackle, apparel, furniture and cargo, on behalf of the owners thereof, and makes application for the appointment of appraisers to appraise said schooner, her boats, tackle, apparel, fur- niture and cargo. And thereupon C. S. Johnson Esq., appearing for the United States, and H. H. A. Hastings, Esq., appearing on 10 behalf of said claimant and in open court consenting thereto. It is hereby ordered by the court that R. W. Beasley, John G. Brady and W. R. Mills, be and they are hereby appointed as appraisei-s to appraise the said schooner, her boats, tackle, appcuei. furniture and cargo, and make return thereof to tiiis Court. In the United States District Court for the District of Alaska. United States 20 vs. No. 353. Schr. " Henrietta," her boats, tackle, apparel, furniture and cargo. We, the undersigned, having been appointed appraisers by the Honorable Warren Truitt, Judge of the United States District Court for the District of Alaska, to appraise the .-ibove named schooner, her boats, tackle, apparel, furniture and cargo, beg leave to report the following: We, the undersigned, having met on the 20th day of jSeptembei', 185)2, have appraised the said schooner " Henrietta," her boats, tackle, apparel, furniture and cargo, as follows: Schr. "Henrietta," her boats, tackle, apparel and furni- ture - $2,200.00 9 Guns !»0.00 420 Furseal skins 4,000.0(» 40 $6,290.00 R. W. BEASLEY, W. R. MILLS, JOHN G. BRADY. (Endorsed) -No. S.'i:',.— In U. S. Dist. Court., Dist. of Alaska.— United States vs. Schooner "Henrietta," tackle, etc.— Oath and report of appraisers -Filed Sept. 2i>, 1892.— N. R. Peckinpaugh, Clerk.— By A. A. Meyer, Deputy. In the United States District Court in and for the District of Alaska. United State j | 5° vs. I jyf^, 353 Schooner " Henrietta," her boats, tackle, | • • • apparel, furniture and cargo. J R. W. Beasley, John G. Brady, W. R. Mills, the duly appointed appraisers appointed by the order of this Court in the above entitled cause to appraise the value of the schooner " Henrietta," her boats, tackle, apparel, furni- ture and cargo, being first duly sworn, each for himself, and not one for another says, I will justly and honestly gQ appraise the value of the schooner "Henrietta," her boats, tackle, apparel, furniture and cargo. So help me God. R. W. BEASLEY. W. R. MILLS. JOHN G. BRADY. Subscribed and sworn to in open Court this 29th day of September, 1892. N. R. PECKINPAUGH. Clerk. |L. s.l By A. A. MEYER. Deputy. 296 w (Exhibit No. 18 U. S.) And afterwards, to wit, on September 29, 1892, the fol- lowing further proceedings were bad and appear of record in said cause, which are in words and figures following, to wit: United States 1 vs. No. 353. Schooner " Henrietta," her boats, tackle, i ID apparel, furniture and cargo. J Come now R. W. Beasley, John G. Brady, W. R. Mills, the appraisers herein, herebefore appointed to appraise the schooner '* Henrietta," her boats, tackle, apparel, furni- ture and cargo, and are now duly sworn to discharge their duty as such appraisers. At a stated term, to wit, the May Term, A. D. 1892, of the District Court of the United States of America, in and for the District of Alaska, held at the Court Room, in the town of Sitka, on Thursday, the 22d day of September, in the year of our Lord one thousand eight hundred and ninety two. Present— The Honorable Wabren Truitt, Judge U. S. District Court. United States "1 20 vs. }-No. 353. 30 Schooner " Henrietta," her boats, tackle, i apparel, furniture and cargo. j It is ordered by the Court that R. C. Rogers, Esq., be and he is hereby appointed a Commispioner to take the testimony on part of the libelant, at Sitka, Alaska, com- mencing on the 26th day of September, 1892, and likewise at such time and place to take such testimony on behalf of the claimants as they may produce. I hereby certify that the foregoing is a full, true and correct copy of the order of the Court entered in the above entitled cause. .Q Attest my hand and seal of said District Court this 26th ^ day of September, A. D. 1892. N. R. PECKINPAUGH, [L. s.] Clerk. By Deputy Clerk. In the United States Commissionei-'s Court for the Dis- trict of Alaska, at Sitka. United States of America, District of Alaska, ss. 50 The President of the United States of America, to T. J. Hampton, Henry Jacobson, C. Doring, J. Thomson, J. C. West, W. Ebmeire and George V. Makerly, Greeting: You are hereby commanded to appear before the Com- missioner at U. S. Dist. Court Room, of the United States, for the District of Alaska, at Sitka, in said District, on Monday the 2(!th day of September, A. D., 1892, at 10 o'clock A. M. of that day, to testify as a witness on be- half of the plaintiff in the case of The United States vs. 60 Schooner " Henrietta," her tackle, &c. Hereof fail not. L. 8. Witness my hand and Seal this 23d day of September, A. D., 1892. R. C. ROGERS, U. S. Commissioner. 2l»7 (Exhibit No. 18 U. S.) United States of America, District of Alaska, ss. I, Orville T. Porter, United States Marshal for the Dis- trict of Alaska, do hereby certify and return that the within subpfjena came into my hands for service on the 23d day of September, 18!>2. And that I personally served the same forth'vith on each of the within named persons by reading the within to each of tliem at Sitka, Alaska. «o ORVILLE T PORTER, U. S. Marshal. By JOHN HANLAN. • Special Dep. U. S. Marshal. 20 United States Court, District of Alaska. United States ] vs. I Schooner " Henrietta," her }- No. 353. boats, tackle, apparel, furui- | ture and cargo. J By virtue of the order hereto anne.\ed and made a part hereto, and by the authority therein given: Be it remembered, that, I, R. C. Rogers, the C'ommis sioner by said order appointed to take the testimony on the part of the libelant in said above named suit, and like- wise such testimony in behalf of the claimants, as they may produce, did cause to come before me, at the Court Room of the said U. S. District Court, at Sitka in District 20 of Alasrka, on the 24th day of September l,si»2, that being the day appointed by said order to commence the taking of said testunony. between the hour of !> o'clock A. M. and 5 o'clock P. M. of that day, the following per.sons to-wit: C. L. Hooper. F. J. Hampton, C. Doring, H. Jackson, (r. Monhay, J. Thorsen, W. Ebmeier, J. C West, K. T. Hatch, to be examined as witnesses in the case now pend- ing in U. S. District Court wherein the United States is Plaintiff and the sciiooner " Henrietta," her tackle, etc., is Defenilant. And not being able to complete the taking jQof the testimony on that day by reason of the number of said witnesses, and the length of the deposition of each of the same until and inclusive of the i*8th day of September iH'.iii at which latter date the same was concluded. And the said C. L. Hoopkk of lawful age and worn to testify the whole truth, deposeth and saith: Q. Please state your name and official position. A. C. L. Hooper, Captain of the United States Keveuue Cutter '• Corwin." Q. As such ofticei', state what diity you were doing on 50 the ttth of Sept'jmber, 18l>2? A. I was in command of the United States revenue Cutter " Corwin" at Onulaska. y. On or about that date did you see the schooner "Henrietta"? A. I did. Q. What, if any, action did you take in reference to the "Henrietta"! Objected to as unimportant and not the best evi- dence. A. I seized her for violation of the U. S. Custom's law. Q. After seizing the " Henrietta," what did yon do with 60 her? Objected to as immaterial. A. I put a prize crew on board of her and sent her to Sitka, towing her part of the way, by the "Corwin." Upon her arrival .t Sitka, I delivered her to the Collector of Customs, with her cargo and papers and so forth. 298 1 1'! iljiil (Exhibit No. 18 U. 8.) Q. What was inuluded within the seizure? Objected to as incompetent, and not best evidence. A. Includes vessel, her tackle, cargo and so forth, and outfit. Q. At or about the time of the seizure above referred to, did you examine the log book and papers of the " Henri- etta"! lo Objected to as immaterial. A. I did. (^. Pleatie examine the log book and papers now sub- mitted to you and state whether or not they ar« the same examined by you at the time of the seizure referred to? Objected to as immaterial, incompetent; no proper identification of said papers leferred to having been made and no pro|)er foundation laid for admission. A. They are the same. I have examined them. Q. Please give the name of each book and paper belong- 2oing to the schooner " Henrietta," to the reporter, and mark the same respectively as exhibits, beginning with the let- ter " A," ana continuing alphabetically? Same objection as last above. A. Exhibit ** A," Certificate of British Registry. " " B," Agrer.- lent and account of Crew. " " C," Copy of Agreement, to be made acces- sible to Crew. " " D," Coasting Lisence. " " E." Report (Jut wards. 30 " "F," Bill of Health • "G." Clearance. "H," Log Book. "I," Official Log Book. Q. State now particularly where the seizure was made by you} A. In Dutch Harbor, Onulaska Harbor. Q. On waters navigable f lom the sea for vessels of ten or more tons burden? Objected to as immaterial and incompetent. A. Dutch Harbor is navigable for any class of vessels. 40 Q. As a Captain in the United States Revenue Marine Service, and commanding the steamer " Corwin," are you, and were you authorized in making seizure of vessels for violation of the Revenue laws of the United States? Objected to as immaterial and incompetent. A. 1 am authorized, and was at that time. Cross examination: Q. Will you please explain the manner in which you make seizure of vessels, particularly the manner of the seizing the " Henrietta "? A. After becoming satisfied, 50 that the vessel had violated the United States laws. I sent a boat to the "Henrietta" and requested the master to come on board the "Corwin," I then and there notified him verbally, that his vessel was seized by me, for viola- tion of the United States Customs laws, subsequently I gave him the same notice in writing, and also gave him a receipt for his log-book and papers, and placed a man in charge of the vessel. C. L. HOOPER, Captain U. S. R. M. "° Sworn to and subscribed before me, on the day, and at the place, and between the hours aforesaid. R. C. ROGERS, U. S. Commissioner. On motion of Mr. Johnson, U. 8. Attorney, this exam- ination is adjourned until Monday, Sept. 26, at 10 a. h. ^•^WPf 999 (Exhibit No. 1» U. S.) Examination resumed at 10 A. M. Sept., 26, 1892. Both counsels present. The Plaintiff offers in evidence all of the exhibits here- inbefore identified, and marked as exhibits " A " to "I" inclusive. The Defendants object to the introduction of said ex- hibits, and each of them as immaterial, incompetent, and 'Onot having been properly identified or proven, and insuflB- cient foundation laid for their introduction. And the said T. J. Hampton, of lawful age, and sworn to testify the whole truth, deposeth and saith: Q. State your name and occupation? A. T. J. Hamp- ton, cook and steward. (^. Whore wei-e you employed in June, 1892? A. I was employed on board the " Henrietta." Q. Do you know the harbor or bay commonly called Tonki Bay? A. That I could not say. only what I have 20 heard othois call it. bv hearsay. Q Was the " Henrietta" in June, 1892, in the bay you heard called Tonki Bay? Objected to as immaterial. A. She was in the bay what I heard them say was Tonki Bay. Q. Do you know the schooner " Kate "? Objections as last. A. Yes, I know the schooner. Q. Was she in this bay you speak of at the same time 30that the " Henrietta" wasi Same objection. A. I saw the " Kate " there. Q. Did the "Henrietta" when she entered Tonki Bay have on board any seal skins? Same objection. A. I believe she had, sir. Q. State the number as nearly as you can? Same objection. A. She might have had between one or two hundred, 40 ill fact, I had nothing to do with the skins. Q. State if you know what was done with the skins in Tonki Bay? Objected to as immaterial and incompetent. A. That, I can not say. I did not see any skin^ leave Q. Did you see any merchandise leave the vessel while there? Same objection. . A. I saw no skins or merchandise leave the " Henri- 5°etta." Q. Did the " Henrietta" receive on board any stores or merchandise while in this bay. Same objection. A. Yes, I went over without permission from the eap- tain and bummed all I could. Q. What vessel did you go to? Same objection. A. The schooner "Kate." Q. What did yon get from the schooner " Kate"? 60 Same objection. A. I got some meats and fruits. About four dozen I suppose, three or four sacks of coal, a few sacks of pota- toes, about four or five boxes of biscuits, about a couple of barrels of flour. :ioo m (Exhibit No. 18 U. S.) Q. Did the captain of the " Henrietta " know that these things were brought on board ? Same objection. A. That I do not know until they were all stowed away, I went without his permisHiou. Q. Did he know after they were stowed away where they came from? 10 Same objection. A. That I could not say, I never told him anything about them at all. Q. When did you tell him about them? Same objection. A. It miglit have been four or five days after. Q. Was anyone with you, when you received these pro- visions from the " Kate " ? Same objection as last and as leading. A. Yes, one man was with me. 20 Q. Please state his name? Same objection. A. Mr. West. Q. How were the provisions transferred from the " Kate " to the " Henrietta " ? A. In an open boat. Q. Was it in the day time or in the night time? Same objection as to last above. A. In the day time. Q. Do you know whei'e the master of the '* Henrietta " was at that time? A. I do not, I think he went ashore. 30 Q. How long bad the " Henrietta" been in the day be- fore this transfer occurred? Objected to as immaterial. A. She might havH been two or three days. Q. Was the "Kate "in Tonki Bay when the " Henri- etta "nrrived? Objected to as immaterial and leading. A. I think so. Q. State if you know whether the " Kate" is an Ameri- can or a British vessel? 40 Same ()l)jection as last above, not the best evidence and incompetent. A. Tliat I cannot say, but she hailed fr(»m Victoria. Q. Did anyone assist you other than Mr. West in put- ting the stores taken from the " Kate " on board the " Henrietta " i Same objectior.. A. Not to my knowledge, only the cook of the " Kate," who helped to pass stores along, and we took them on board ourselves. 50 Q. Who was on boarl (Exhibit No. \h I'. S.) transferred from the "Kato" witliout the knowledge or consent of the master? Objected to as inmiaterial, incomp(>tent, and fur- ther, the witness has not shown that he has any knowledge or information resi>ecting such custom. A. It is customary for vessels belonging to the same em- ploy, to receive goods which they think they can spare. 10 Q. Were the "Henrietta" and "Kate" in the same employ? Objected to as immaterial, incompetent and not the best evidence. A. Well, I believe it's the same man that shipi>ed me, shipped the crew of the " Kate." Q. Which vessel, the "Henrietta" or the Kate," left Tonki Bay first? Objected to as immaterial. A. I cannot say, 1 don't know if we went out ahead of 20 them, or them ahead of us. Q. When the " Henrietta " left the bay, state if you know whether she had on board seal skins and about how many? A. I do not know if she had any seal skins left or no. S. Before entering Tonki Bay, did you know that the enrietta " expected to meet the " Kate''? Objected to as immaterial and as incompetent and hearsay. A. Well, I heard t^ome talk about it. I heard we were 30 going to meet her somewhere, but I do not know where. Q. State, if you know, why you were to meet her? Same objection as last. A. We expected to meet the owuei-s then. Q. Did you meet the owner? Same objection as last above. A. No. Cross-examination : Q. Is it not true that the " Henrietta " was compelled to go into Tonki Bay to secure a supply of fresh water at the 40 time mentioned in your direct-examination? Objected to by plaintiff as immaterial. A. Well, we would had to go to some place anyhow, as we were shoii; of water. Q. Did you lay in a suppy of fresh water there? A. We filled up everything, even two boats. Q. Was this supply of water taken in by the "Henri- etta" necessary for the health of her crewi A. Yes, we had a very little water, we had to have it. Q. Is it not true that at this time the " Henrietta " was 50 out of wood for cooking purposes? Objected to as immaterial. A. Yes, we was short of fuel. Q. Did you pick up any driftwood for fuel while at Tonki Bay? A. Yes, we picked up driftwood there and picked up driftwood out at sea. Q. Was this wood necessary? A. Yes, it was neces- sary. Q. In what condition was the "Kate" then in Tonki Bay? A. I do not know. Q. Where was she going upon leaving Tonki Bay? A. I believe she returned to Kajaka on Vancouver Island. Q. What was done with you by the offlcei"s of the " Yorktown " after you wei-e seized? A. I was held aboard the "Henrietta." Q. Were you held as a prisoner? A. I believe I wag. 60 w 908 lit jiiii li t (Exhil.it Xo. is U. S.) Q. During the time you wcru ho held a8 a prisoner were you compelled to Hign any Htatenient or afrldavit hy the officer seizing you, respecting your connection with the "Henrietta"? Objected to by plaintiff as immaterial and improper course of examniation. A. No. No officer off the " Yorktown "' asked me to lo sign any paper or statement, (^. Did any officer require you to sign such a statement or affidavit; if so, state who? A. Captain Hooper, of the " Corwin," asked niu for a statement, having power to do so. Q. Were these provisions and supplies taken by you from the "Kate" inToiiki Bay used on board the '"' Hen- rietta "? A. Home was. and some left yet. Q. Were they taken on b(»ard the " Henrietta" by vou for any other purpose than that of lieing used for food, by 2othecrewof the "Henrietta"? A. They came on board just for the crew, no one else. y. For what purpose did you get the coal? A. For cooking with. Q. Were the supplies needed on board the " Henrietta" for the crewi A. Part of them are used, some of them are left. Q. Was it not necessary to beach the " Henrietta" in Tonki Bay for the purpose of scraping her bottom? A. That I don't know. 30 Redirect- EX A.MINAUON: y. In your cross examination you statci that the " Hen- rietta" would have been compelled to go into some harbor for water and wood. State about hi)W many days the wood and water would have lasted? A. I guess the fuel might have lasted ten days longer. The water three weeks or a month. That is allowing each man one gallon of water a day. Q. At the time you signed the affidavits you referred to in your cross-examination did Captain Hooper induce you 40 to sign the same through fear of punishment or hope of reward? Objected to as immaterial and incompetent. A. No, he did not threaten with any punishment or re- ward, he said it was necessary for me to put my name there. Q. Did you know the contents of the affidavit, before you signed it? A. Yes. Q. Did the fact that you signed the affidavit make any difference with your testimony to-daj?? 50 Objecte( to as immaterial and incompetent. A. No. Sworn to ai the place, and By mutual until 1.30 p. M T. J. HAMPTON, subscribed before me on the day and at ^tween the hours aforesaid. R. C. ROGERS, U. S. Commissioner, nsent of both Counsel, Court adjourned Examination resumed at 1.80 P. M., Sept. 26, 1892. °° And the said C. Dorino of lawful age, and sworn to tes- tify the whole truth, deposeth and saith: Q. State your name and occupation? A. C. Doring. Able seaman. Q. Do you know the schooner " Henrietta "? A. Yee, sir. :io:t (Rxliibit No. 18 U. S.) Q. Were you j'mployed on hoard nnid schooner during the present year^ A. Yes, nir. Q. When and where did you join the " Henrietta"? A. On tl)e first of July in Tonki Bay. y. Where had you roiue from to Toniii Bay? Objected to as itnniatt.'rial. A. Came from KaRiut, in the schooner "Kate.'' 10 Q. State, if you itnow, whether fin- seal skins were transferred from the "'Henrietta" to the "Kate" in Tonki Bay? Objected to as incompetent. A. Yes. Q. (live the number as near as you can* Objected to as incompetent. A. One hundred and eiglit. (^. State if you know, wliether storea or merclmndiso of any kind were transferred from the "Kate" to the 20 " Henrietta " in Tonki Bay? Objected to as immaterial and incompetent. A. Yes. Q. State what was transferred as fu'ly aw you know. A. Five sacks of coal, five boxes of biscuit, ten sacks of flour, canned goods and little thinj^s I had nothing to do with. Q. Did you assist in transferring or receiving on board the " Henrietta " any of the merchandise? Same objection 30 A. Assisted in transferring the biscuit and flour, the rest of the stuff I had nothing to do with. Q. Did you assist in this transfer as above stated by the orders of anyone? If so, whoni^ S; me oVjjection. A. I assisted by the order of the Mate John Thoreon. Q. Was the master of the " Henrietta " present at the transfer of the seal skins or the merchandise above referred to? Same objection. 40 A. He was present, when receiving the biscuit and flour. Seal skins, I don't know, for I received them on boai-d the "Kate." I was not on board the " Henrietta " at the time. I joined her later. Q. Who delivered the skins from the "Henrietta" to you on the "Kate?" Same objection. A. The mate and two men. Q. Give the names if you know them? A. J. Thorson, mate, George Mowhay and Fred Ebemeier. 50 Q. State if you know, whether the "Kate" or "Hen- rietta " left Tonki Bav first? Objected to asi imiaterial. A. The " Kate" left Tonki Bay first. Q. When you shipped on the " Kate," where was she bound for? Objected to as immaterial, incompetent no* the best evidence. A. She was going on a sealing and hunting cruise in the North Pacific Ocean. 60 Q. State, if you know, where she sailed for frona Tonki Bay. Same objection as last above. A. Kagiut, west coast of Vancouver Island. Q. State, if you know, why she returned? Same objection as last above. 304 (Exhibit No. IS U. S.) A. The Indian hunters did not want to go over to the Russian side, Copper Islands. Q. Were the Indians you ivfer to employed by the " Kate " for hunting purposes? Same objection as last above. A. Yes, they were. Cross-examination: 'o Q. Is it not true, that the "Kate" had beconie dis- masted before she left Tonki Bay, or before she came to Tonki Bay? A. Her foremast head was carried away, be- fore she rame to Tonki Bay. Q. Is this not one of the reasons why she returned? A. No. The Captain would have gone over to Copper Islands if the Indian liunters wanted to go. Q What was the name of the Captain of the " Kate" at that time? A. Alx. Taylor. Q. Is it not true that all of the skins on board tlie 20 " Henrietta" at the time she was seized were taken after you left Tonki Bay or aftei July i. lS!tL>? A. Yes. They were taken a?' u* she left on the way. Q. Did yt)u ^ee Captain Pinckney at the time that you say the sealskins were plated on board the "Kate"? A. No. Q. Was n(»t the flour, biscuit and canned goods taken from the " Kate " and put y. Filled all that were empty. '*° ii- How do you know that you filled all that were empty, if you do not know the number that you filled? A. Because I passed the water out of the boats, and when everything was filled there was water left in the boat. Q. How many water casks did the " Henrietta " have on board at that" time? A. Ten. y. How many tanks did she have? A. Two. (}. Did you fill as many as eight of these casks? A. I don't know, as I wan not on deck when they were pour- ing water into them. '^ Q. Before you began laying in this supply of fresh water did you examine yourself the vessels, water tanks iind casks, and ascertain which ones were empty and wliich ones were filled? A. Yes. (,). Then can you not now state the number of casks tliat were empty? A. No; because some of the casks had water in them, one tank was full, and some water in the other one? y. How much water was in this tank? A. I did not , measure it. ^'° l^. Was it about half full? A. It is pretty hard to judge without you got a stick and measured it. y. Did you ever make a voyage on the " Henrietta " be- fore this year? A. No. 809 -Wiqppi' (Exhibit No. 18 U. S.) Q. What are you doing now? A. Sitting in a chair now at the present time. (Answering questions to Mr. Hastings.) Q. What occupation are you following at this time? A. Go to sea for a living as a sailor. Q. Are yon doing anything in the way of employment now? A. Have not been doing anything since I left the lo" Henrietta." Q. Is it not true that you as well as the other witnesses who have testiKed here to-day, are being maintained at the expense of the Government? Objected to by plaintiff as immaterial and incom- petent. A. Yes. Q. Is it not also true that you and also as well as those witnesses expect to be maintained for a considerable time in the future? 20 Same objection as last above. A. I don't know anything about that. Q. Have you as well as the several witnesses that have testified to-day been in the custody of the Mai-shal since your arrival at Sitka? A. Yes, when the "Coquitlan" went out, from about !» o'clock in the morning until 11 o'clock. Q. Are you now in the actual custody of the Marshal, or are you permitted to have your liberty on tlie promise not to leave the town? 30 Same objection as above stated. A. I have not promised nobody. Q. Are you confined in any prison? A. No, sir. Q. Are you at liberty to go about the town when ever and wherever you hke? A. Yes, I believe so, as far as I know. Q. And this is true of the other witnesses who have tes- tified? A. As far as I know it is the same. Q. Is it not true that since your art ivalin Sitka, you have bad considerable feeling against the owners of the 40 " Henrietta," and have so expressed yourself? A. No, sir; I have no ill feeling towards them. Q. Have you not expressed such ill feeling; A. No, I cannot say that I have. O. Then vou say that you have not? A. Yes, sir; lean. GEORGE MOBERLY. Sworn to and subsciibed before nie on the day. and at the place, and between the hours aforesaid. R. C. ROGERS, U. S. Commissioner. ^° Upon motion of proctor of defendant the further cross- examination of the witness is adjourned until Tuesday, Sept. 27, lsth of March in Uclanet, Vancouver Island. 30 l^. Were you on board every day from the time the " Henrietta " left Vancouver Island until she anchored in Tonki Bay? Same objection. A. Yes, except sealing days. (j. Did she to your knowfedge, enter any port or place in the District of Alaska before she entered Tonki Bay? Objected to as immaterial. A. I don't know whether San Antonia Bay on Prince of Wales' Island is in the District of Alaska. 40 {.}. Is that the only place she entered after leaving Van- couver Island before entering Tonki Bay? A. Yes. Q. While in Tonki Bay did the " Henrietta " unlade any cargo? Objected to as immaterial and incompetent. A. Yes, sir. i). What? A. Sealskins. (.). How many? A. One hundred and eight. (). What was done with them? Same objection. 50 A. Transferred to the "Kate." »^. Did the '* Henrietta " while in Tonki Bay receive any cargo or stores on boards Same objection. .\. Yes, she received stores. (^. What stores? A. Five sacks of coal, five sacks of potatoes, five boxes biscuit, ten sacks of flour and canned goods. Q. Where did she get them from? Same olijection. C>o A. The schooner "Kate." Q. On the day the " Henrietta" entered Tonki Bay did .>^lu! do so because of any unavoidable accident, necessity or distress of weather < Same objection, and as calling for the conclusions and opinion of the witness. 318 did (:Exhibit No. 18 U. 8.) A. To provide wood and water to complete the voyage. Q. State what the siippW of wood and water was when she entered the bay? A. The casks were empty, and part of one tank, how much wood I do not know. Q. About how long would the tank full and the other partly full of v/ater have lasted? Objected to as immaterial and assuming something 10 not testified to by the witness. A. Could not say. Ckoss-examination: Q. Have you ever been (tn a sealing voyage before this year, in the North Pacific Ocean? If so, state in what capacity? A. No, sir. Q. Were all the skins on board the " Henrietta'' at the time of her seizure, taken before or after she left Tonki Bay? A. Taken after. Q. For what purpose were the supplies taken from the 20 " Kate " and put upon the " Henrietta "? A. As much as I know to go out sealing. Q. Were these supplies and stores needed by the crew in the further prosecution of their sealing voyage? A. I don't know. Q. Is there a place on the coast of Tonki Bay for get- ting fresh water? A. Yes: two or three. Q. Did the "Henrietta" take in fresh water at this place? A. Yes. Q. Was she placed on the beach while thei e and her bot- 30 tom cleaned? A. Yes. Q. Are there any inhabitants along the coast of Tonki A. Not as I know of. Did you see any inhabitants on Afognak Island? A. Bay? No. Q. Did the ''Henrietta " unload any stores or supplies of any character after she left Vancouver Island in the spring up to the time she was seized? A. No; except the discharging of the skins. Q. Do you know what supplies and stores she had 40 aboard when she arrived in Sitka? A. No; not the amount. Q. Did she have very niucb? Objected to as immaterial and indefinite. A. No, not much. Q. Did she have any more than enough -than would have been sufficient for her crew to have completed their voyage to Victoria? A. Yes. Q. What would she have left after she arrived at Vic- toria? A. I believe very little. 50 Q. What was done with you and the balance of the crew of the " Henrietta '' after she was seized? A. Six of us were ordered on board the " Yorktovvn." The captain and cook left aboard; four Indians left on board as well. Q. At whose order? A. At the order of the officer commanding the prize crew. Q. Do you know his name? A. No, sir. Q. After you were placed aboard the "Yorktown" were you forbidden to have any communication with Captain Piuckney? Objected to as immaterial. A. Yes. Q. Were any of the six of your crew allowed to com- municate with Capt. Pinckney? A. No, sir. Q. Were you allowed by the officer of the " Yorktown" to get your blankets from the " Henrietta "? Objected to by plaintiff as immaterial. 60 314 30 (Exhibit No. 18 U. 8.) A. No. Q. Were you informed by the officers of tlie ''York- town " at the time you were aboard of her that you were prisoners while there. Same objection as before. A. We were detained, but not called prisoners. Q. During the time that you were so detained did j^Capt. Evans, of the " Yorktown," ask of you as well as the balance of your crew to sign a statement or affidavit as to your employment on board the " Henrietta?" Plaintiff objects, for the reason that the question is immaterial and not proper cross-examination. A. Yes. Q. Was the affidavit written by some officer of the " Yorktown? A. Yes, I expect so. Q. Are these the affidavits signed by the crew that are now before the District Attorney? 2Q Same objection as above, and as assuming a state of fact to exist not proven. A. I don't know if that is the same affidavt, is the one, I gave on the " Yorktown." Q. Is it not true that you have heard the other wit- nesses, who have testified in this examination, state in substance that the testimony so given by them iu the ex- amination was influenced by reason of their signing those affidavits? Objected to by plaintiff as incompetent and imma- terial and irrelevant, and as assuming as true that which has not l»een shown by the testimony of the other witness. A. No. Q. Is it not true that Mr. George Moberly, who testifled yesterday afternoon, stated in your presence and your hearing that if he had not given the affidavit on board the " Yorktown" he could have testified differently^ Same objection as last above stated. A. No, I don't remember, •o Q- Is it not true that your testimony has been guided bv the fact that you signed this affidavit? Objected to as immaterial and incompetent. A. Not guided by the fact, but to tell the truth. Q. How long have you been a sailor? A. Seventeen years. W. EBMEIER. Sworn to and subscribed before me on the day and at the place and between the hours aforesaid. R. C. ROGERS, 50 U. S. Commissioner. Court adjourned until 1.3o p. m. September 27, 1H92. Examination resumed at l.;?0 p, m. And the said J. C. West, of lawful age, and sworn to testify the whole truth, deposeth and saith: Q. State your name and occupation. A. J. C. West. Hunter. Q. Where were you employed during the months of June and July, 18l>2? A. On the " Henrietta." 60 Q. Was the " Henrietta" at anchor in any harbor dur- ing the month of June? Objected to as immaterial. A. In Tonki Harbor. S. While in Tonki Harbor was there unladen from the enrietta " any. cargo; if so, state what? Objected to as leading and incompetent. H15 lO Heniietta " while 20 (Exhibit No. 18 U. S.) A. Her sealslcinB. Q. How many; Same objection as last above. ) A. I think over a hundred. Q. State if you know what was done v.ith the aealHlcins HO unladen. Same objection. A. I could not say. Q, Was there received on board the in Tonki Bay any merchandised Same objection as last above. A. Yes, sir. Q. State what merchandise. Same objection. A. I saw some coal and some canned stuff, fruits, meats, and lime juice Q. Where were these articles obtained? A. From the " Kate." Cross-examination: Q. Were these articles or merchandise a portion of the Stores of the "Kate"? A. I could not say sir, I know nothing about it. Q. After they were taken on board the "Henrietta," were they used for the benefit of the crew^il A. Yes, sir. Q. Is it not true that these provisions and stores were needed by the " Henrietta" in order to complete her seal- ing voyage? A. I suppose they were; I could not say 30 certain. (^. Did the " Henrietta " unlade any cargo of any de- scription after she left Tonki Bay about July Ist, lHi>2^ A. No, sir. Q. Were the sealskins on board the " Henrietta," at the time of her seizure, taken before or after she left Tonki Bay? A. After she left Tonki Bay. Q. Do you know anything about the fresh-water supply of the " Henrietta" at the time she put into Tonki Buy! A. She had some, but I don't know how much. 40 Q. Did vou understand thai her supply was getting low? Objected to by plaintiff as calling for the under- standing of the witness. A. Yes, sir. Q. Is it not true that the crew of the " Henrietta " are being paid regular witness fees per diem from the time of the filing of the hbel in this action? Objected to by plaintiff as immaterial and not tiie best evidence. 50 A. I suppose they know it. I know it. I know tlioy are being so paid. Q. And is it not true that the officials or marshal lias promised to continue to pay this amount to the witnesses who have testified until the return day of the monition? A. I don't know anything about that. Redirect- EX AMiNATiON : Q. Is your testimony given today influenced by the fact that you are being paid witness fees? A. No, sir. J. C. WEST. ^ Sworn to and subscribed before me on the day and at the place and between the hours aforesaid. R. C. ROGERS, U. S. Commissioner. Adjourned at the request of the respective counsels until 10 A. M. Wed., September 28, 1892. 81 «l iiil' (Exhibit No. 18 U. 8.) Exaininatioii resumed at lo a. m. September 'AH, lHt<2. Both couusela present. And the said E. T. Hatch, of lawful age, and sworn to testify the whole truth, deposes and saith: Q. State your name and official position? A. £. T. Hatch, Sitka, Alaska, Collector of Customs for the District of Alaska, lo Q. As such collector did you receive into your custody the schooner " Henrietta"* Objected to as immaterial and not the best evi- dence. A. I did on the 21st day of September, 18H2. Q. From whom? Same objection. A. Captain C. L. Hooper, L'nited States Revenue Marine. (^. Do you know where Toiiki Bay is? 20 Objected to as not the best evidence. A. Yes. Q. Where is the nearest office and officer of the Customs in the District of Alaska to Tonki Bay? Same objection as to lust above and as immaterial. A. The port of Kodiak on Kodiak Island. Q. What officer of the Customs was stationed there in June and July last? Same objection. A. A deputy collector was stationed there during the 30 months named. Q, Are all deputy collectors for the District of Alaska, required to, and do they report to you the entrance and clearance of all vessels at their respective ports, and also all special permits or privileges granted to vessels by them? Same objection, and as leading. A. Yes, they are so required, and do so report, y. Have you received reports from all such depu- ties for the months of June and July, 1892? 40 Same objection. A . I have. y. Do such reports or the records of your own office show that the British Schooner " Henrietta " entered and cleared from any port in the District of Alaska or received special permission to unladen or take in cargo during the month of June or July last? Objected to as immaterial, ip.c>mpetent, calling for secondary evidence, and the wjfnos; not having shown hiniself qualified to testify. 50 A. No, they do not. (^. From the same source of iiitur.^iation did the British schooner " Kate" enter and clear or receive such special permit during said months? Same fibjection as last above. A. No. Choss-examination: y. Is the property claimed in the libel and seized by the " C'orwin " now in your possession? Objected to for the reason the records now on file "° on this case are the best evidence. A. Yes, it is. (^ Has it been thei-e at all times since it was turned over to you by the captain of the "' Corwin "? Same objection. »n (Exhibit No. I« U. H.i A. Yes, it has. S. Have you examined and inspected tlie cargo of tlie eniietta"? A. I have made a casual examination. Q. Will you jdease state of what it conHJsts; A. Four hundred and twenty seal skins. Q. Then is it not true that she had no dutiable cargo at the time she was turned over to youif A. This cargo was 10 not dutiable goods. Q. Is it not true that your deputies in timen past liave not reported every special permit given by them to vessels cruising in the North Pacific Ocean; A. I know of no instaui > where they have failed to report tlie entrance or clearance, or the granting of any special permits to vessels in the District REDIRECT-EXAMIN ATION : Q. Was there on board the "Henrietta'" when turned over to you any merchandise, stores or other articles than 20 the seal skins referred to; A. There were. Q. State what, as nearly as you can remember? A. There were some guns, ammunition, and a few provis- ions. Q. Were any of the.se articles subject todutv if brought from a foreign pott? Objected to as calling for the legal conclusion of the witness. A. They were. Q. You state in yourexamination that the "Henrietta " 30 is in your possession. State if you know whether the United States Marshal has attached the vessel by process issued out of the United States District Court for tne Dis- trict of Alaska? Objected to as immaterial and not the best evi- dence. A. Yes, I know that he has. EDWIN T. HATCH, Collector of Customs. Sworn to and subscribed before me, on the day, and at 40 the place, and between the hours aforesaid. K. C. ROGERS, U. S. Commissioner. I, R. C. RoGEKS, the hereinbefore named commissioner by virtue of said order as herein stated and hereto an- nexed do hereby certify that I was attended at said U. S. District Court Room by C. S. Johnson. Estj., United States Attorney, appearing for the plaintiff, and by H. H. A. Hastings and Willoughby Clark, Esq., Pioctors in Ad- 50 miralty, appearing for said defendant, her tackle, cargo, etc., and the said witnesses, to wit: C. L. Hooper, T. J. Hampton, C. Doring, H. Jackson, G. Mobeily, J. Thoreson, W. Ebmeier, J. C. West, and E. T. Hatch, who were of sound mind and lawful age and by me duly sworn, and their examination reduced to writ- ing, and that to each and all of said witnesses their re- spective depositions were read on the conclusion of each of the same, for such corrections and amendments as eacli of said witnesses desired to make, and that said deposi- 6otions were subscribed by them in my presence on the day, or days, and between the hours, and at the place in that behalf aforesaid. I do further ceitify, that I am not a counsel or attorney for either of the parties to the suit in continersy, or in any way interested in the event of said issue. ]i'\ li '-l m lO 818 (Exhibit No. IH U. 8.) In testimony whereof I have hereunto set mv hand and official seal this -IHh day of Sept., 1892. R. C. ROGERS, U. S. Commissioner. (Endorsed) -No. 85H.— In the U. S. Dist. Court. Dist. of Alaska.— United States »«. Schooner "Henrietta" et «/.— Testimony.— Filed October 12, 1SS)2.— N. R. Peckinpaugh, Clerk. In the District Court of the United States for the District of Alaska. In Admiralty. United States ] r.s. I No. .'Wa. The Schooner "Henrietta,'' her boats, (Stipulation, tackle, apparel, furniture and cargo, j Whereas, upon the trial of this cause, the testimony of ^° several witnesses and certain documentary evidence and papers pertaining to the above named schooner "Henri- etta," and to her cargo or portion thereof, are or may be material to the issues in this cause. Whereas, the said several witnesses and the said docu- mentary evidence are all within the Province of British Columbia, Dominion of Canada, and outside the juris- diction of this Couit, and beyond the reach of its process, and whereas, the bringing of said witnesses to the place of the trial of this cause at Sitka, Alaska, would involve 3° great and unnecessary expense and hardship: Now, therefore, it is hereby stipulated and agreed by and between the parties hereto that the Hon. Levi W. Myers, American Consul for the Port of Victoria, British Columbia, Dominion of Canada, be and he is hereby des- ignated and appointed as a commissioner, with full powei- and authority to take or cause to be taken and reduced to writing, in the form of depositions, the testimony of any person or persons who may be i)roduced before said Com- missioner upon their .several oaths or affirmations, at the **°City of Victoria, in the Province of British Columbia, Do- minion of Canada, and to review and identify and return all such depositions, all such documentary evidence or papers as may be produced and offered by either party hereto at the time of taking such testimony. That the said testimony may be taken by said Commissioner at such time and place in said City of Vic- toria as may be designated by him after giving reasonable notice by mail to the resuective parties hereto, and allowing sufficient time for tliem to be present at 5^ such hearing, or at such time at the office of said Commis- sioner in said City of Victoria as may be fixed by the parties hereto. That the said Commissioner shall reduce all the interro- gations propounded to the several witnesses, and all objec- tions thereto, and all the answers of thv everal witnesses to such interrogations to writing, or cause the same to be taken down in short hand by a clerk or stenographer and transcribed and reduced to writing in Englisli, and there- , upon cause the deposition of each witness to be read over ^°to suih witness and signed by him in the presence of said Commissioner, and shall cause all offers of any document- ary eviden<;e, and all objections thereto to be reduced to writing, and such documentary testimony to be identified and shall upon the conclusion of the taking of said testi- 819 "wippi'i (Exhibit No. is U. S.) mony cause said depusitious and exhibits to be authenti- cate!) by him over his signature and seal, and to be duly transmitted in sealed envelopes addressed to tlie Clerk of the District Court of the Territory of Alaska, at Sitka. Alaska. The respective parties heieto shall be entitled to be pres- ent by their respective proctors or counsel, and propound lo interrogations to the several witnesses or propose objec- tions thereto, and to produce and offer any documentary proofs or ])apers or propose objections thereto. All objec- tions to the manner of the taking and return of said testimony are hereby waived, but it is not intended hereby to waive any objections to the comi)etency or materiality of any of the testimony or docuiucntaiy proofs which may be returned by said Commissioner. This stipulation shall be sufficient evidence of authority in said Conunissioner to take said testimony, or cause the 20 same to be taken before him in a manner herein provided, and this stipulation accompanied by any commission which may be issued by said Court to said Commissioner shall be full warrant and autliority for so taking said testi- mony. C. 8. JOHNSON, U. S. Dist. Attv. HUGHES, HASTINGS & STEDMAN, Proctors for Claim'ts. Dated at Sitka, Alaska, this -.'Kth day of Sept., 1802. 30 It is further stipulated and agreed by and between the parties hereto that the taking of said testimony shall be begun on the doth day of November, 1S'J2. or as soon there afte'' as the mail steamer from Alaska shall arrive in the latter part of the month of November, 1802, and shall be continued from day to day until the same shall have been completed. Dated Sei)t. 2'.t, ls!t2. C. S. JOHNSON, U. S. Atfy. for Pltf. 40 HUGHES, HASTINGS &■ STEDMAN, Pro( tors for Claimants. I hereby approve the foregoing stipulation. Done at Sitka, Alaska, October ;5, 1802. WARREN TRUITT, r. S. District Judge. In the United States Dis .lot Couri for the District of Alaska. -In Adnii/alty. The United States " ) 50 vs. ! V ^ ,..., The schooner "' Honrieita, ' her boats, | " tackle, appare., furniture and cargo, i The President of the United States of America to the Honorable Levi W. Myers, American Consul, duly com- missioned, and residing at the Port of Victoria, in the '^ i ince of British Columbia and Dominion of Canada. v^rreeting: Know ye that we, in confidence of your pru- dence and fidelity, "have appointed you a Conunissionei , and by these presents do give you full power and authority ^to diligently examine, or cause to be exa'uined, before you, upon their several corporal oaths or aHHimations, be- fore you to be taken, and ui)on such interrogatories and cross-interrogatories as may be propounded by the proc- tors or counsel of the respective parties herein at sucn ex- amination and lioaring l)efore you, such witness or wit- It !' *i. ■»3 ' c !| 320 (Exhibit No. l» U. S.) nesses as may be produced by either party before you, at said hearing, in a certain cause, now pending and unde- termined, in the District Court of the United States in and for the District of Alaeka, wherein the United States is libelant, and the schooner " Henrietta," her boats, tackle, apparel, furniture and cargo, is respondent, Chas. Spring, in the Province of British Columbia, and Dominion of •o Canada, are respectively, interveuors; And we do hereby require you. the said Levi W. Myers, to reduce or cause said testimony to be reduced to writing and to leceive and cause to be properly identified, and at- tached to said testimony, such documentary evidence as may be offered at said hearing, in accordance with the stipulation hereunto attached, and made a part of this commission, and, upon the conclusion of the taking of said testimony, to close the same up under your hand and seal, directed to N. R. Peckinpaugh, Clerk of the United 2° States District Court in and for the District of Alaska at Sitka, in the Territory of Alaska, as soon as may be con- venient after the execution of this commission; and that you return the same, when executed, as above directed, with the title of said cause endorsed on the envelope. Witness, the Hon. Warren Tiuitt, Judge of the United States District Court for the District of Alaska, this day of Septembei', in the year of our Lord, one thousand eight hundred and ninety-two, and of our Independence the one hundred and seventeenth. 30 N. R. PECKINPAUGH, |L. s.] Clerk. (Endorsed)— No. aoa.— In the United States District Court, District of Alaska. — United States, Plaintiff, vs. Schooner "Henrietta," Defendant.— Stipulation and Commission.— Hughes, Hastings & Stedman, Attorneys for Claimants. iiii In Admiralty, No In the District Court of the United States for the Dis- ^o ' trict of Alaska. The United States, Libelant, vs. The Schooner " Henrietta", her boats, tackle, apparel, furniture and cargo. Respondent On this 27th day of October, ls!»2, ))ursuant to tiie stip- ulation and commission returned herewith, addressed to 50 me, Levi W. Myers, American Consul at the Port of Vic- t(»ria, the witnesses hereinafter named appeared and gave their depositions which are returned herewith, and at said time and place. F. P. Dewces, Ksq., appeared foi' the United States and E. C. Hughes, Esq., appeared for the respondents, and it was thereupon agreed by the said parties hereto and their I'espective coun.Bel to proceed with the taking of the testimony and of said witnesse. forth- with, and to waive the i)rovisions of the stipulation above referred to in respect to the jHistponment of the taking of •^^f'tiiis testimony until the'J.'">th day of Novemlier. Thereupon Captain M. P(Nc;knkv, a witness produced on hehalf of the respondent being duly sworn to tell the truth, the whole truth and nothing but the truth, testified f follows: .321 •^fr^ (Exhibit No. 18 U. S.) Hughes.) Give your full name? A. M. A. Well, I am liv- A. Yes, sir. A. 32 years. g. (Bj Mr Pinckney. Q. Where do you reside, Captain? ing in Victoria, at present. Q. You are a master mariner, are you( Qj. How long have you been a master? Q. On what vessel, if any, did you sail as master during 10 the winter and spring and summer of 1892^ A. The "Henrietta." Q. Is the " Henrietta " a British vessel? A. Yes, sir, she has a British register. Q. Registered at the Port of Victoria? A. Yes. sir. Q. Owned by whom? A. Well, Mr. Spring, I believe, owns her. Q. Charles Spring? A. I think his name is on the register. Q. He is the owner? A. Well, he owns a half of her. 20 Q. Did the boat clear from Victoria!! A. Yes, sir.. Q. When< A. About the 11th, I think, of March. Q. Where were you bound for? what kind of a voyage? A. Well, we were bound coastways, up the coast, and finally on a sealing voyage in the North Pacific. Q. Did you clear for a sealing voyage to the North Pa- cific i A. Yes, sir. Q. Did you have any cargo or supplies on board except your ordinary necessary ship's supplies and sealing and hunting outfit? A. No, sir, only a few packages. 30 Q. What else were you going to say? A. I^ayvvehad a few packages of goods for the store up at Coyuga. g. On Vancouver Islands A. Yes, sir. Q. Those you left thereon your way up? A. Yes sir, at the store. Q. Aftei' you left. Coyuga on Vancouver Island did you have anything for any other place ? A. No, sii, only our stores. Q. Only your ship's stores and sealing outfits A. That is all. 40 Q. Were you bound for Alaska or for any place in Alaska? A. No, sir: no place in particular. Yoa were engaged in seal hunting, were you? A. Yes, sir. Q. B;"k and forth along the coast of Alaska? A. Yes, sir. ;^). '^"); i you go into Tonki Bav at that time? A. Yes, sir; J was a\ there. Q. Vh"'. 'lid you go in there? A. Well, I think it was about nif lS»th of June— not the I'.Hb; the :,'ttth. 50 Q. Did you find any other vessel in there? A. I think there was one or two theie: yes, sir. Q. What other vessel do yon remember; A. Well, there was the "Kate," and the "Catherine," I think, they called her. Q, Who was the owner Spring. C^, The same owner that -ne von were master of? A. f the " Kate"? A. Mr. Henrietta," the owns the Yes, sir. O.' Now you may tell just what you did in Tonki Bay? .'. Well, 1 got wood ami water there, and as the "Kate" \<- .IS going borne disabled. I put iboard lOS skins. Q. Those were all the skins f aat you bad taken up to that time, were they? A. No, sir; I had taken some be- fore on the coast, but I had left them at Coyuga. Q. But those were all that you had taken atTer you had :.; i\ f-' wr ilii 822 (Exhibit No. 18 U. S.) left Coyuga on Vancouver Island during your sealing hunt in the North Pacific? A. Yes, sir. Q. You put them on board the " Kate " because she was going to return to Victoria, you say? A. Yes, sir. Q, Did you receive anything from the ** Kate " ? If so, what and for what reason? A. Yes sir, I received a few packages of provisions as I thought she would not require lothem as she was going home. She had beeu fitted out for the whole season, and for fear we might be a little short of some things we got a few extra things. Q. From her? A. Yes sir. Q. Such as her master thought she would not need? A. Well, I thought probably we might need them and to make sure of it got them from her. Q. They were things that the "Kate" did not need! A. No, she was going home. Q. Now you put those skins on board the "Kate" and 20 received those supplies at what place? A. At Tonki Bay, I think that t> ^ ailed it. Q. It was w ; ^ ^' n were anchored? A. Yes sir. Is ■what they callec 1 my chart — it had another name to it. Q. But it was thb bay called Tonki on Tonki Island? A. Yes, sir. Q. This occurred in the bay, did it? A. Well as it was an uninhabited Island I did not know anything to the con- trary to prevent it— no inhabitants there. I did not know 30 that there was any harm to do it. Q. Did you know that it would be in violation of any law? A. No sir, I did not. (^. Was there any intention on your part to have any- thing taken into t\w United States? A. No sir, not the least, we had nothing— all we had we wanted ourselves. Q. Was there anything that you leceived taken into the United States, or was it kept and used by you? A. No sii' it was kept on board the ship. Q. You put nothing on board the " Kate " except those 40 skins which were bronght to Victoria? A. That is all sir, — well, some of my crew went down in her, some Indians. Q. You were afterwards seized, were you? A Yes, sir. (^ And all your ship's papers were taken, were they? A. Yes, sir, and guns. Q. Taken by the Government officers? A. Yes, sir; United States cutter— cruiser " Yorktown." Q. The supplies you had on board were what you had left from the time of receiving the additional supplies at Tonki Bay? A. I beg your pardon? 50 Q. I ask you whether or not you had any other sup- {)lies on board except what remained of those you had eft from your outfit and from what you received at Tonki Bay? A. No. sir; I had no other supplies. Q. How many skins did you have on board at the time your vessel was taken? A. 420, sir. Q. W^ere they taken after the transfer in Tonki Bay on the 2!»th of June? A. Yes, sir. Cross-examination by Judge Dewees: Q. Were you not instructed not to make any transfers ^inside of Alaskan waters? A. No, sir. Q. How long had you been sealing prior to that time on that voyage? A. Well, we left on about the 11th or 12th of March from Victoria, and from Coyuga I think we left about the <>th of May to go north. Q. What course did you take then? A. Oh, well, we H2;! 'W|fHoi»"' (Exhibit No. 18 U. S.) worked along the coast, all along the coast about HO to 76 miles a day. Q. Did you make any other entries into the inland? A. We called at Baker Island to get water there. Any other? A. No, sir. Were there any other ships inside of Tonki Bay? A, Yes, sir; there was one or two thei-e. lo Q. What wer they besides the "Kate"? A. Well, there was the "' Catharine." Q. What else? A. I don't know — there might have been another vessel there, but I don't know their names. Q. Was Tonki Bay a lesort, for sealers^ A. Not that I am aware of. I don't know. I heard it was a good place in case you wanted water or anything like that. It was handy. I did not know much about the coast. I never have been up there much as master in the sealing trade. Q. What pay, if any, did you get for the provisions that 20 you put aboard, that you got from the " Kate "? A. I did not pay anything. Q. Did you agree to pay anything^ Q. Were they a present to you? know, The' i/tlonged to the same A. No, sir. A. Well, I do not owners and I took them. W^ did not make any agreement at all. Some- thing he *id not want, and I thought I would require. I did not really need the provisions but to make sure of them Mr. iliighes (interrupting): Why did you take the pro- 30 visions? A. Merely to make sure and have enough. I did not know what might happen. Q. You expected to continue sealing all the rest of the summer and fall, didn't you? A. Yes, sir. Q. And took the provisions as a precaution merely, least you might run out? A. That is all, sir. Q. Now, did you, when you went in there, go in for the Surpose of transferring these skins to the "Kate"? A. 10, sir. Q. Did you know that the " Kate " was there at the 40 time? A. No, sir. Q. For what purpose did you go in? How did you come to go in? 1... I went in there for water and to repair my sails. Testimony of witness closed. M. PINCKNEY, Master. Signed before me this nth day of November, 1802. Wit- ness my hand and the seal of the consulate, at Victoria, B C 50 ■ " LEVI W. MYERS, [l. s.] U. S. Consul and Commissioner. Charles Spring, a witness called on l)ehalf of the respondents, being first duly sworn, testifies as fol- lows: By Mr. Hughes: Q. Where do you live? A. Victoria, British Columbia. Q. How long have you lived here? A. All my life. Q. Are you the owner of the scliooner "Henrietta"? A. 60 Yes, sir. Q. What kind of a schooner is she? A. A vessel of about 31 tons. Q. She registered at the port of Victoria? A. Yes, sir. ^. She is a British vessel? A. Yes, sir; she left Vic- toria on a sealing, hunting and fishing voyage. ! ;.:• 324 l^- if:' (Exhibit No. 1k U. S.) Q. Who was her captain? A. Capt. Pinckney. Q. Are you also owner of the "Kate " i A. Yes, sir. Q. Did the "Kate "leave Victoria on the same kind of a voyage last spring? A. Yes, sir. Q. She is registered at Victoria, and is a British vessel? A. A Biitish vessel. Q. And cleared from the same port of Victoria on the 10 same kind of a voyage to the North Pacific? A. Yes, sir. Q. "Whattimowd she return? A. Some time during the latter pavt of July. Q. Do you know why she returned;' A. On account of the timidity of the crew that happened to be on her at the time, thinking that she was not able logo on the voyage, although the Captain was willing to go on, but they con- sidered she was not quite able; and the ciew made the objection on account of the forehead mast being carried awa3'. But the Captain thought she would be all right, 20 but under those cinumstancfs he came home. Q. Did she bring back any skins from the " Henrietta"? A. Yes, sir. Q. How many? A. lOM; I believe that is the number. y. Do you know as to whethei' any of her supplies were left on the " Henrietta " when the " Kate " came back? A. I believe so. Q. They were owned by you also? A. Yes, sir. Q. Did you ever direct any of youi' masters, either of the " Henrietta" or the " Kate." to enter in any bay or 30 harbor on the coast of Alaska, and transfer or load or un- load anything into the United States? A. No. sir. (Testiuionv of witness closed. ) C. SPRING. Signed l)eft)re (ue this !>th day of November, A. D. 1892. Witness my hand and the seal of the Consulate at Aictoria. B. C. IL. s.] LEVI W. MYERS. U. S. Consul and Commissioner. 40 In the United States District Court for the District of Alaska. In Admiralty. The United States 1 vs. The schooner " Henrietta," her [ No. ;^.")H. boats, tackle, apparel, furiii- | ture and cargo. J I, Levi W. Myers, American Consul at the port of Vic- toria, in the Province of British Columbia, do hereby ( ertify that, in pursuance of the stipulation and commis- So.^ion hereto attached and retuined herewith and by virtue of the power and authority therein conferred upon me, I did on the 27th day of October, 1M»2. cause the witnesses liereinafter enumerated to appear before me and give thoi; testimony herein at the rooms of the Board of Trade in tne City of Victoria, B. C, and at said time and place there was present, as counsel on belialf of the United States, F. P. Devvees, Esq., and as counsel on behalf of the respond- ent and intervener, E. C. Hughes, Esq., and I do further certify that I did cause the testimony of said witnesses to 6o|)e taken down in writing l)y stenographers by me duly sworn faithfully to report and transcribe said testimony and that thereupon Charles Spiing and M. Pinckney after being duly sworn to testify to the truth, the whole truth and nothing but the truth, did give their testimony on behalf of the respondent and intervenor. 32.-) TTT^WIJH' (Exhibit No. is U. S.) I do further cei tify that tho forogoing depositions of said witnesses hereinabove named were thereupon tran- scribed and read over by the said witnesses in my piesence, and by said witnesses subscribed to before nie. And I further certify tliat the foregoing depositions of the said witnessee constitute the whole testimony so taken before me in pursuance of said commission and that the 10 same are hereunto attached and returned herewith. In witness whereof, I have hereunto subsciibed my name and affixed my consular seal at the Port of Victoria, Province of British Columbia, this (»th day of November, 1892. LEVI \V. MYERS, [l. h.] U. S. Consul and Commissioner. (Endorsed)— United States Con.sulate at Victoria, B. C, United States vs. The schooner " Henrietta," her boats, tackle, apparel, furniture and cargo. — N. R. 2° Peokinpaugh, Clerk of the U. S. District Court.— In and for the District of Alaska.— Sitka. Territory of Alaska.— Filed Nov. 1!>, l,s!t2.— N. K. Peckinpaugh, Clerk. -IL. 8.] And afterward to wit, on October .S, 18!t2, the followiiig further proceedings were had and appear of record in said cause, which are in words and figures following, to wit: United States "] vs. i 3° Schooner "Henrietta," her j- No. 3.53. boats, tackle, apparel, furni- | tare and cargo. J Comes now the parties and it being suggested that F. P. Dewees, Esq., is of counsel for plaintiff. It is ordered that he be entered of i-ecord as such attorney in said cause. And afterwards to-wit, on November 19, 1892, the fol- lowing further proceedings were had and appear of record ^1^° in said cause, which are in words and figures following, to wit: United States ) vs. '■ No. 3.53. Schooner " Henrietta." \ Comes now C. S. Johnson, United States Attorney, and presents in open Court the account of R. C. Rogers, duly appointed Commissioner to take testimony in said cause, for taking and certifying depositions therein in the sum 50 of $40.00. And the Court being sufficiently advised, it is ordered that the said account be and the same is hereby approved and allowed in the sum of $4o.OO. And afterwards to-wit, on December 13, 1892, the fol- lowing further proceedings were had and appear of record in said cause, which are ni words and figures following, to-wit: United States ) 60 vs. y No. 353. Schooner 'Henrietta.") It appearing to the Court that there is now in the office of the Clerk of the Court a large number of depositions taken in said cause pursuant to stipulation on file in that behalf, and the United States Attorney appearing for the rfr r-' I II ii i ii' "iJI* 'I. (Exhibit No. is U. S.) plaintiff in open Court, niovt's that an order be made open- ing said depositions. It is therefore oidered, and the Clerk of this Court is hereby directed to open said deposi- tions and hold them subject to the inspection of the attor- neys of and parties to said suit. And on September -25, is'Xi, libelant filed motion to dis- miss suits, which is in words and figures following, to JOwit: In the United States Distiict Court for the District of Alaska. Tlie United States vs. No. 3r>:i. Motion. The Schooner " Henrietta," etc. Comes now the libelant in this action, by C. S. Johnson U. S. Attorney, aiia moves the Court to dismiss the libel and action in the case of Joim Thoreson ef al rs. The 2oScbooner "Henrietta,"' &c., for the reason that said vessel was seized by the libelant for violations of law, said seizure having been made more than four leagues from shore, and brought to Sitka for trial; and libelant having dismissed its libel in that behalf, and said vessel having been ordered turned over to the British Government for trial under the " Modus Vivendi " entered into between Great Britain and the United States relating to the seal fisheries, said vessel is not liable in any other action, or subject to process in any other cause than the one for which she was seized. 30 C. S. JOHNSON, U. S. Attorney. (Endorsed)— No. 3.->;5.— In U. S. Dist. Court, Dist. of Alaska. — The United States vs. The " Henrietta,"' etc. — Motion to dismiss suit i)f John Thoreson, et al — Filed Sept. 25. 18i»3.— N. R. Peckinpaugh, Clerk.— C. S. Johnson, U. S. Attorney. And on September 2.5, lisi>3 libelant filed motion to dis- .Q miss attachment of Willoughby Clark, which is in words and figures following, to- wit: In the United States District Court for the District of Alaska. The United States vs. |- No. The Schooner " Henrietta," etc. ) I 353. Comes now the above libelant by C. S. Johnson, U. S. Attorney and moves the Court to dismiss the attachment ,Q suit of Willoughby Clark against the " Henrietta" etc., for the reason that said vessel and cargo are not liable to attachment or othei- process in said action. C. S. JOHNSON. U. S. Attorney. (Endorsed)— No. 353.— In U. S. Dist. Court, Dist. of Alaska. — United States vs. The " Henrietta" etc.— Motion to dismiss attachment of Willoughby Clark. — Filed Sept. 25, 1893.— N. R. Peckinpaugh, Clerk.— C. S. Johnson, U. S. .A ttorney. 60 And on the same date the libelant filed motion to dis- miss libel, which is in words and figures following, to- wit: .'w; :t: (Exhibits Nos. iw U. S. and IKi ami 111.) In the United States District Court, Dis^trict of Alaska. The United States | No. 353. rs. > Motion to dismiss. The Schooner " Henrietta," etc. ) Comes now libelant by C. S. Johnson, U. S. Attorney and moves the Court to dismiss the libel herein, before filed 10 and discharged said vessel etc. from cnstodv. C. S. JOHNSON. U. S. Attorney. (Endorsed) -No. Hn:!— In U. S. Dist. Court, Dist of Alaska.— The United States v.s. 'I he "Henrietta."— Motion to dismiss libel. — Filed September 25, 1S!>3. — N. H. Peckinpaugh, Clerk,— C. S. Johnson, U. S. Attv. 20 United States, District of Alaska. In the United States District Court, District of Alaska. United States ) rs. > Schooner " Henx'ietta " et al. ) Received of N. R. Peckinpaugh, Clerk of tiie District Court of the United States, for said District, the follow- ing ship's papers, documents and books, to- wit: Certificate of Biitish Registry Exhibit "A." Agreement and Account of Crew Exhibit " B." 3° Copy of Agreement to be made accessible to Crew Exhibit "C." Coasting License Exhibit " D." Report Outward Exhibit "E." Bill of Health Exhibit "F." Clearance Exhibit " G." Log Book Exhibit "H." Official Log Book Exhibit "L" Said cause having been dismissed and said vessel, etc., 40<^^rtlered to be released from custody. Sitka Alaska. November 23, 1S93. M. PINCKNEY, Master Schooner " Henrietta." (Endorsed)— District Court of the U. S. for the Dist. of Alaska.— United States i;.s. Schooner "Henrietta" et a/.— Receipt of Master of ship's papers delivered by the Clerk of the Court. 50 Claim No. 24, '' 'Winnift'ed." EXHIBIT No. 110 (0. B.), CLAIM No. 24. Transcript of Registry, schooner " Winnifred," Novem- ber 13, 1879, to February -1, 1891. By order of the Commissioners, on consent of counsel, this exhibit is not printed. 6o EXHIBIT No. Ill (e. B.), CLAIM No. 24. Certified copies of Libel, Schedule, Answer and Decree in proceedings in United States District Court in Alaska in case of United States vs. " Winnifred." ■' ;■ ft. J III :'.-»s (Exhibit No. 111.) Ill the District Court of the I'liited States for tiie Districit of Ahiska. in Adinirlty. Pleas and i>ro(*'ediiigs began and had in Court of the United States for the the District District of Alaska. The 'OThe Schooner Tiiited States rs. " Winifred," her 1 boats, I tackle, apparel, furniture and cargo. I Be it remembered; That at a stated term, to wit, the May term, ls)»-.>. of the District Court of the United States, for the District of Alaska, began and held at Sitka, in said District, on Monday the second day of May, ls!t2. and adjourned from time to time until August li>, \s\t2, when C. S. Johnson, Ksc)., U. S. Attorney for the District of Alaska, presented and tiled the libel of infor- 2orii'ition in said cause, which is in words and figures fol- lowing, to wit: lu the United States District Court in and for the District of Alaska. Of the May Term, in the year one thousand eight hun- dred and ninety two. The"^ United States 1 r.s. i The Schooner "Winifred," her boats,,' 30 tackle, apparel, furniture and cargo. J To the Honorable Warren Truitt, Judge of the United States District Court for the District of Alaska. The libel of information of C. S. Johnson, Attorney of the United States for the District of Alaska, who prose- cutes on behalf of the United States, and being piesent in Court in his propei- person, in the name, and on behalf of tiie United States against the schooner " Wini- fred,"' her boats, tackle, apparel, furniture and cargo, and against all persons inteivening for their inter- "^^est therein in a cause of forfeiture, alleges and informs as follows: That Washington A. Coulson, a captain in the United States Revenue Cutter Service, duly commissioned by the President of the United States, and then and there com- manding the United States Revenue cutter " Rush " on duty in the waters of Alaska, and duly authorized in the premises, heretofore, on or about the 20th day of July. 1892, near Omak Island, in Beriugs Sea, latitude 55" 22' 54' North, longitude Ifi:}^ ;?5' West, within the District of '° Alaska, and within the jurisdiction of this Court, on woters navigable from the sea by vessels of ten or more tons bur- den, seized the vessel commonly called a schooner, and known as the " Winifred," her boats, tackle, apparel, fur niture and cargo, and turned the same over to the Col- lector of Customs for the Port of Sitka, in said District of Alaska, where they now are, said vessel, her tackle, ap- parel, boats, furniture and cargo being the property of William Henrj' Dyer and Robeit Sharp, of Victoria, in ^ British Columbia, said owners not being citizens of the United States, as forfeited to the United States for the following among other reasons and causes: 1st. That on or about the 20th day of June, 1892, within the limits of the United States, within the limits of Alaska Collection District and within the waters thereof, within 320 ■^^*«S^*L,| (Exhibit No. Ill) four leagues of the coast of said District, and witliin the jurisdiction of tliis Court, to wit; At oi' near the island of Afojinak, there was unladen fron the British schooner " Libhie" one sack of potatoes, from the British schooner "Venture" ten bags of salt and a large quantity of coal, and from the British steamer "Cociuitlane" one case of canned Ueef. That each of said vessels so unlading said lo merchandise were from a foieign port, were laden witli iTierchandise, were bound for the United States, and were on or about the litth day of June, \su-2, anchored in the bay of Tonki in said Island of Afognak. and in said collec- tion district of Alaska. None of said vessels at tlie time of so unlading said mercliandise had come to tlie proper place for the discharge of tlieir cargo, or any part thereof. Nor bad anv of them been an- tliorized t)y the proper otticer of the Customs of said District, to unload the same, and said 20 unlading was not made necessary by any unavoidable ac- cident, necessity or distress. That all of said merchandise so unladen was then and there jmt and leceived into said schooner " Winifred." with the knowledge and consent of one G. M. O. Hansen, who was then and there master of said vessel, and contrary to Sections I'sc.r and isfis of the Revised Statutes of the United States in such case made and provided. 2nd. And said C. S. Johnson, attorney for the United States for the District of Alaska, further alleges and 30 informs: That said schooner "Winifred" is a foreign vessel, owned in Victoria, in British Columbia, as herein before described; That on the 2oth day of Februaiy, ]8!t2, said vessel cleared from tlie foreign port of Victoria, Brit- tish Columbia, having on board "'ballast and stores"; That on or about the i;Uh day of June, |si)2, said vessel so laden arrived in the waters of tin; United States fioni said foreign territory, adjacent to the northwestern frontier of the United States, in a small bay called Tonki, in the Island of Afognak, said island being the property 4oand domain of the United States, and lying adjacent to the mainland of the Territory of Alaska, within the Collec- tion District of Alaska and within the jurisdiction of this Court, and came to anchor within said bay; That at the times complained of herein, G. M. O. Hansen was the master and in charge of said schooner "Winifred;" That said master did not report at the offict; of the Collector or the deputy Collector of Customs, neaiest to said Tonki Bay, nor did he report to any Collector or deputy Collector of Customs for said District of Alaska, nor did he obtain 50 or receive a special permit from any Collector or deputy Collector to proceed further inland, or to unlade or take in cargo. Yet said vessel on or about the 20th day of June, 1892, within said Tonki Bay, within the waters of the United States and within the jurisdiction of this Court, did unlade a part of her cargo, to wit: One hundred fur seal skins and , and did transfer said seal skins to the British schooner "Favorite "or some other foreign vessel, and did then and there receive and take in 60 from the steamer " Coquitlam " a large amount of mer- chandise, consisting of salt, coal, canned beef, etc, all contrary to the provisions of Section 3109 of the Revised Statutes in such case made and provided. And the said attorney saith, that all and singular the premises are true and within the admiralty and maritime :t:i(i i! IHI I Av li (Exhiltit No. 111.) juriH(lictioii of the United StateH and lliis H(>i)oralil« Court, and that l)y reason tht'it'of, and by force of the Statutes in sucli case made and provided, tijo aforemen- tioned vessel, her b)ats, tackle, apparel, furniture and cargo, and all things found upon or appertaining to her, heroine and are forfeited to the use of the I'nited States of America. lo Wherefore, the said attorney prays that the usual pro cess and monition of this Honorable Court issue in this behalf, and that all persons interested in the aforemen- tioned vessel an 11(8. I'owdcr [o 00 1 Lot empty shells ill boxes 1111(1 sacks I u(» I 1/2 Tons salt L';{ (to ■H\ txiv seal skins 415 oo I BhI. salmon t| oo 1 Box hiscnit 1 00 2 Mats rice 1 oO lO I Box raisins 1 ou ;! " s. lime juice 1 50 :{ Sacks Beans H JIO I Box candles.. -2 oo 1 ("an coal oil 1 50 2 Kits pickles 1 00 5 Sks. Hour a 00 ;{ Tins coffee, 15 Ihs 3 75 H Boat compasses 5 00 2 (,'ases corned beef 400 20 l/;{ Tin matches 50 I Keg sufi;ai' (I55lbs.i c> •>() 1 " syrup (4 Gals.) j 25 20 M gun wads |o 00 2:50 Cartridges (45/V.o) t; 00 8 .M primeis 8 00 1 Reloading ti)ol.(No. ;$S) 1 00 4 Kifles '. 40 00 ftSbot-guns 100 00 30 Total $l,t\r,i 55 R. W. BEASLEY. EDWARD DEGROBT. W. R. MIL1.S. And on September 23rd, 18!»2, the oath and report of Appraisers were filed in said cause, which are in words and figures following, to wit: In the United States District Court, District of Alaska: 40 United States 1 I' No. 345. rs. Schooner " Winifred," her tackle, ap- . pare], furniture and cargo. J R. W. Beasley, Ed. de Groff, W. R. Mills, the duly ap- pointed appraisers appointed by order of this Court in the above entitled cause to appraise the value of the schooner " Winifred," her tackle, boats, apparel, furniture and cargo, being first duly sworn, each for iiimself, and not cQone for another, says: I will justly and honestly appraise the value of the scfiooner " W^inifred," her boats, tackle, apparel, furniture and cargo. So help me God. R. W. BEASLEY, [L. s.] EDWARD deGROFF, W. E. MILLS. Subscribed and sworn to in open Court ) this 22nd day of August, 1892. ) N. R, PECKINPAUGH, Clei::. By A. A. MEYER, Deputy. 60 (Endorsed).— No. 345.— In Dist. Court, Dist. of Alaska.— United States fs. Schooner " Winifred."— Oath and report of Appraisers.— Filed August 23, 1892. — N. R. Peckinpaugh, Clerk. — By A. A. Meyer, Deputy. 332 15? fiiH 10 30 (Exhibit Xo. 111.) And on Septeni'jer ^l', 1S!)i>, defendants filed their answer iietein in said cause, whicii is in words and figures following, to wit: In the U. IS. District Conrt of the United States in and for the Di.strict of Alaska. In Admiralty. The Tnited Phites 1 v The Schooner "Winifred," lier hoats, j" Answer, tackle, apparel, furniture and cargo. j The answer of Charles Spring intervening for his in- terest as the managing owner of tlie said Schooner " Winifrei!,"" her boats, tackle, apparel, furniture and cargo, to ihe libel of C. S. Johnson, Attorney for the I'nited Stales for tlie District of .Alaska, tiled in the ahovo entitled cause, in behalf of the United States, alleges as follows: 20 I. That he denies tiiat one William Henry Dyer and Robert Sharp of Victoria, in the Province of British Columbia, are the owners of the said Schooner "Wini- fred," hut avers that he is the managing owner thereof. II. Answej'ing article tnie of said libel of the United States, lie admits that on or about the I'dth day of June, l^!t:.^ there was mdaden from the Hiitish Schooner " Venture," certain salt, but he denies that any coal was unladen therefrom, or that any corned beef was unladen from the British Steamer " C'o(|uitlam: " that he denies that the same w;'.s so unladen within the limits of the Alaska Col- lection District, or within the waters thereof, or within foiu' (4) leagues of the coast of said District. That he admits that the said vessels were from a foreign port, but lie denies that the same were laden with merchandise or bound for the United States. That he admits that the said salt so unladen from the ,Qsaid schooner" Venture " was put and received into the said schooner " Winifred " ; that he denies ti)at the same was so done in violation of Sections 'JSdT and 2S0S of the Revised Statutes of the United States, or with intent to violate any of the customs or levouue laws of the United States. or with intent to defraud the United States in any manner whatsoev r. Tiiat the remaining allegations in said Article One are in great part false and untrue, and the truth in relation thereto is as hereinafter set forth. II. 50 Answering Article Two of said libel defendant states that he admits that the said schooner '' Winifred" is a foreign vessel, owned in Victoria. British Cohunhia, and that on or about tlie 2utli day of February, 18!)'i, she cleared from the said poit of Vic toria, having on hoard ballast and stoies necessary f'-.r her voyage. Tiiat he admits that on or about the day of June, 1S!>2, she entered a small bay called Tonki Bay, on the coast of the Island of Afognak: and avers that slie so entered said hay for the purpose of obtaining a supply of fresh water 60 for the prosecution of lier .said voyage. That he admits that afterwards, and on or about the t>oth day of Juno, lSi(2, he did unlade about one hundred ( lou) fur seal skins, and did transfer the same to the British schooner " Favor- ite," or some other foreign vessel, and did then and there receive from the said schooners "Lihbie"and "Venture," 333 "fwrn (Exhibit No. 111.) a small amount of salt, coal and canned beef, but defend- ant is informed and believes, and so charges the fact to be, that the said fur seal skins and said salt, coal and canned beef were so delivered and received outside of the limits of the Collection of Alaska, and outside of the waters of the United States. Tiiat the re'iiaining allega- tions of said Article Two in said libel arc in great pait !0 false and untrue, and the truth in the premises is as here- inafter set forth. III. B'urther answering, defendant states that ho is a citizen and resident of Victoria, in the Province of British Coluni- l)ia and Dominion of Canada, and is the owner of said schooner "Winifred"; that tlie said schooner " Winifred " is a foreign vessel, registered at tlm said port of Victoiia, in the Dominion of Canada. That on or . United States, which saicl seal skins were so transfeired for the sole purpose of being conveyed and delivered diiectly to this "*° defendant at the said port of Victoria, and that at the same time and place she received from the said schooner "Venture'" a small ([uantity of salt, which the said schooner was about to throw overboard, and from the said schooners " ll,il)hie " and "Venture" a small quan- tity of coal and corned beef, all of which articles were given to the said schooner " Wiuified" by the aforesaid schooners " Libbie" and " Venture; "and without purchase or compensation, and tln> same was of trifling value and was so given si.eiy for the purpose of affording a tempor- ^*^ary supply for the necessities of the said schooner " W i>'i fred " and tlie said skins were so delivt'ied, and the salt, coal and beef were so received without .iny intention "i the part of this defendant, or of the masters or ofl: ::m ; of any of said schooners to violate any of the customs or revemie laws of the United States, or to defr.uul the United States in any manner whatsoever. IV. That all and singular the premises in this answer set 60 forth are true; and that each and every of the allegations contained in the libel of the libelant herein, not in this answer expressly admitted, aie false and untrue. Wherefore, this defendant prays that this Honorable Court will be pleased to pronounce against the hbel afore said and to condemn the libelant in costs herein, and to 334 ';.i (Exhibit No. 111.) release and discharge the said fur seal skins unto the said several owners thereof, and to pronounce against the forfeiture thereof; and otherwise law and justice to ad- minister in the premises. HUGHES. HASTINGS & STEDMAN. Proctors for Respondent. E. C. HUGHE8, lo Advocate. Dominion of Canada, Province of British Columbia, ss. : Charles Spring being duly sworn, deposes and says that he is the managing owner of the schooner "Winifred'' libeled and seized, in the above entitled proceedings, that he has read the foregoing answer, knows the allegations thereof, and tlie same are true as he verily believes. CHARLES SPRING. Subscribed in my presence and sworn to before me by oothe sciid Charles Spring, this Kith day of September, A. D. 18P2. LEVI W. MYERS, American Consul for tlie Port of Victoria, Province of British Columbia, Dominion of Canada duly commissioned, (l. s.) Copy of within answer received and due sarvice of the same acknowledged Sept isfiv. C. S. JOHNSON, Atty. for Libelant. 30(Endorsed)-No. 34.^. -In theU. S. Dist. Court, Dist. of Alaska.— United States vs. Schooner "Winifred." — Hughes, Hasting!^? & Stedman, Proctors for Resp. — Answer.— Filed Sept. 22, 1802, N. R. Peckinpaugh, Clerk. And on March 1st, 18it4, the following further proceed- ings were liad and appea?. of record in said cause, which are in words and figin-e.s following, to-wit: .qIu the United States District Court for the District of '* Alaska. The United States ] „ vs. [No. 345. The Schooner ' Winifred," her boats, (Decree, tackle, apparel, furniture and cargo. J The Marshal having returned on the monition issued to him in the above entitled action, that in obedience thereto he attached the schooner " Winifred," her boats, tackle, apparel, furniture and cargo, and gave due notice to all 50 persons claiming the same to appear before this Court on the 22nd day of Septembei-, 1892, at 10 o'clock in the fore- noon, at Sitka, in said District of Alaska, then and there to interpose their claims and make their allegations in that behalf. And Charles Spring, of Victoria, British Colum- bia, having heretofore filed a claim as managing owner of said schooner "Winifred," her boats, tackle, apparel, furniture and cargo, and an answer to the libel of infor- mation filed herein, and no other person having appeared, and no other claim or allegation having been made, and 60 the said cause having been heard on the pleadings and proofs, <1 S. Johnson. United States District Attorney, appearing as proctor for libelant, and E. C. Hughes, Esq., fu'octor for said claimant, and the usual proclamation laving been made, and said cause having been submitted to the Court for decision, and due deliberation being had :;85 (Exhibit No. lit U. S.') in the premises, and the Court having filed its findingB of fact and conclusions of law herein, it is now ordered, ad- judged and decreed as follows: First. That all persons whomsoever, other than claim- ants, be and they are hereby decreed in contumacy and default. Second. That said schooner "Winifred," her boats, lo tackle, appai-el, furniture and cargo, and all property found upon or appertaining to said vessel be, and the same are hereby condemned as forfeited to the United States. Third. That unless an appeal be taken from this de- cision within the time i)rescribed by law and the rules of Court, the usual writ of venditioni exponas be issued to the Marshal, commanding him to sell all of said property and bring the proceeds into this Court to be distributed accoi'ding lo law. Costs to be awarded and taxed against claimant. 20 Dated March 1st, isi)4. WARREN TRUITT, U. S. Dist. Judge. United States Exhibit. EXHIBIT No 19 (U. S), CLAIM No. 24 Transcript of the portions of record and proceedings United States District Court in Alaska in case of Uni„^. SoStates r,s. "Winifred," which are not included in Ex hibit No. Ill (G. B), printed above. And on August KHh, JS!t:i, the following furthei- pi-o- ceedings were had and appear of record in said cause, which are in words and figures following, to wit: 3 m ited The United States vs. :;-l-.-) 40 The Schooner " Winifred," her \ 'So. boats, tackle, apparel, furni- I ture and cargo. J Now, on this I'.tth day of August, l^ii-', comes t . S. Johnson, United States District Attorney, and files a libel of information against the schooner "Winifred," her boats, tackle, apparel, furniture and cargo, and against all persons intervening for their interest therein in a cause of forfeiture for violation of Sections of the Revised Statutes of the United States It is therefore ordered that the Clerk of this Court issue the usual process and monition and a writ of attachment 50 directed to the Marshal of said District, returnable on Thursday the I'l^nd day of September, l.S!t2. at lo o'clock A. M., directing and commanding him to make seizure and take into his possession the said schooner " Winifred," her boats, tackle, apparel, furniture and cargo. It is further ordered by the Court that Orville T. Porter, United States Marshal, cause due notice of said seizure to be made and given and also of the information on file, by causing the substance of said information and of the order of the Court, setting forth the time and place ap- 60 pointed for trial, to be published in the Alaska Herald, a newspaper of general circulation, piinted and published at Sitka, in said District, and post up the same in the most public place for a period of four weeks. And on the same date, to-wit: on the l!»th day of August. 18it2, the following further proceedings were had Ill 330 (Exhibit No. lit U. S.) 1 i-No. 845. I J in said cause and appear of record, which are in words and figures following, to- wit: The United States vs. The Schooner "Winifred,'" her boats, tackle, apparel, furniture and cargo. Comes now E. C. Hughes, Esq., proctor for claimant, '°and ii.oves the Court for leave to file the claim of inter- vention of G. M. L). Hausen. intei vening for the owners of the schooner " Winifred," her boats, tackle, apparel, furniture and cargo. Said motion having been by the Court considered, it is ordeied that leave he granted to file said claim. It is further oidered by the Court that R. C. Rogers, Esq., be and he is hereby appointed a Commissioner to take the testimony on part of the libelant at Sitka, Alaska, commencing on tne 2-2(\ day of September, IsUii, ~° and likewise at fruch time and place to take such testi- mony on behalf of the claimants as they may produce. And on the iKth day of August, Is'.il'. the claimant filed the claim of owners in .'*nid cause, which is in words and figures following, to-\vit: In the United States District Court in and for the District of Alaska. The United States 1 r.s. I No. :i4r>. 3oThe Schoonei' "Winifred,'" her I)oats. | Claim of Owners, tackle, appaiel, furnituie and cargo, j To the Hon. Warren Truitt, Judge of said Court: G. M. O. Hansen, master of the schooner "Winifred," intervening for the interest of G. M. O. Hansen and Charles Spring of Victoria, in British Columbia, the own- ers of the schooner " Winifred," her tackle, apparel, fur- niture, engines, boilei s and cargo, intervening for the in- terest of said owners, hereby claims the said schooner, her boats, tackle, ap]iarel. furniture and cargo, and says that 4° the above named persons are the hue and boua fide ovinerB thereof, and no other person is the owner thereof, and thereupon the said claimant prays a restitution of the same to him, and otheiwise right and justice to be administered in the i)remises. GUSTAVE M. O. HANSEN, Claimaut. E. C. Hughes, Proctor for Claimant. Subscribed and sworn to before me bv the said G. M. O. 5" Hansen this lUth day of August, A. D". isu2. N. R. PECKLNPAtTGH, Clerk L". S. Dist. Couit. By A. A. MEYER, Deputy. :!45. — The United States is. The Schooner "—Claim of Intervention. B'iled Aug. -N. R. Peckinpaugh, Clerk. lH!t2, the following further pro- appear of record ni said cause, (Endorsed) — No. " Winifred.' Itttb, IsyL'. And on August I'.Mli, ceedings were had and (',Q which are in words and figures following, to wit: The United States ) r.s. i The Schooner " U inifred," her boats }■ tackle, apparel, furniture and | cargo. J Now, on this lltth day of August, A. D. 18!t2, G. M. O. Hansen, master of said schooner " Winifred " appears Lii,tivP!fii.,4U!-»*/iwpi^w"^i,"^^rT^iii'^pr 337 No. 345. (Exhibit No. lit U. S.) herein by E. C. Hughes, his proctor, and makes claim for said schooner, her boats, tackle, apparel, furniture and cargo, on behalf of the owners thereof, and makes appli- cation for the appointment of appraisers to appraise said schooner, her boats, tackle, apparel, furniture and cargo. And thereupon C. S. Jolinson, appearing for the United States, and E. C. Hughe.s, Esq., appearing on behalf of losaid claimant, and in open Couit consenting thereto: It is hereby ordered by the Court that K. W. Beasley, Ed. de Groflf and W. R. Mills, be and they are hereby ap- pointed as appraisers to appraise the said schooner, her boats, tackle, apparel, furniture and cargo, and make re- turn thereof to this Court. And it is furtlier ordered by the Court that upon the giving of a bond duly conditioned in the penal sum equal to the amount of said a|)praised value, with sureties to be appioved by the Couit, the said schooner, her boats, tackle, apparel, fiirnituie and cargo 20 be discharged. WARREN TRUITT, Judge. Be it further lemembered that on the 2nth day of August, 18!»L', a monition was issued in said cau^e, which is in words and figures following, to wit: In the District Court of tbe United States for th»{ Dis- trict of Alaska. The United States 30 vs. The Schooner "Winifred," her boats, tackle, apparel, fnrniture and cargo, j The President of the United States of America, to the Marshal of the District of Alaska, Gieeting: Whereas a libel of Infoiniation has been tiled in the above District Court, by United States Attorney C. S. .lobnson, on behalf of the United States and against the sciiooner "Winifred," her boats, takle, appare!, furniture and cargo, and alleges in substance: 40 'J'hat Washington C. Coulson. a Captain in tbe Revenue Marine Service, duly Connnissioned by the President of the United States and then and there commanding the United States Revenue Cutter "Rush," on duty in the waters of Alaska, and duly authorized in tlie premises heretofore on or about the 2nth day of July, ls!»:>, near Aniak Island in Bebring Sea, latitude '>!>" -I'l' 4.'>" north, longitude U'>;'>" :!;■>' west, within the District of Alaska, and within the jurisdiction of this Court, on waters navigable fi'om tbe sea, by vessels of ten or more tons burden, seized 50lhe ship or vessel, connnonly called a sciiooner and known as the " Winifred," her boats, tackle, apparel, furniture and cargo, and turned the same over to the Collector of Customs, for tbe port of Sitka, in the District of Alaska, where they now are, said vessel, her boats, tackle, apparel, furniture and cargo, being the proi)eity of William Henry Dyer and Robert Sharp of Victoria, in British Columbia, said owners not being citizens of the United States, as forfeited to tbe United States for the following among other causes: ° 1st. That on or about the "JOtli day of June, within tbe limits of the United States, within the limits of the Alaska collection District and within the waters thereof, within four leagues of the ct)ast of said District of Alaska, and within the jurisdiction of this Court, to wit: At or near the Island of Afognak, there was unladen from the British !?•'•,• i m cHl ^tiii! M3S (Exhibit No. lit U. S.) schooner '* Libbie,'' one sack of potatoes, from the British schooner " Venture " ten bags of salt and a large quantity of coal and from the British steamer "Coquitlan," one case of corned beef. That each of said vessels so unload- ing said merchandise, were from a foreign port, were laden with merchandise, were bound for the United States, and were, on or about the 19th day of June, 1802, 10 anchored in the Bay of Tonki in said Island of Afognak, and in said collection district of Alaska. None of said vessels at the time of unlading said mer- chandise had come to the proper place for discharge their cargo, or any part thereof, nor had any of them been authorized by the proper officer of the Customs of said District, to unlade the same, and said unlading was not made necessary l)y any unavoidable accident, :iecessity or distress. That all of said merchandise so unladen was then and there put and received into said schooner 20 " Winifred," with the knowledge and consent of one (t. M. 0. Hansen, who was then and thme master of said vessel and contiary to Sections 2f«i7 and ^scs of the Re- vised Statutes of the L'nited States. 2nd. That said schooner " AVinifred " is a foreign vessel, owned in Victoria, in British Columbia, as hereinbefore des^cribed; that said vessel on the 2oth day of February. 1S92, cleared from the foivign port of Victoria, British Coiunil)ia, having on board "ballast and stores"; that on or about the i:'>th day of June, ]Sl»2, said vessel, so laden, 30arrived in wateis of the United States, from said foreign territory, adjacent to the northwestern frontier of the United States, t(^ wit, in a small bay called Tonki. in the island of Afognak, said island bring the property and do- main of the United States, and lying adjaci-nt to the main land of the Teriitory of Alaska, within the collection Dis- trict of Alaska, and within the juriuliction of this Court, and come to anchor within said bay; That at the times complained of herein G. M. O. Hansen was the master and in charge of said schooner ''Wini- 40fred''; that said master di>»ii' and I'.loii of the Revised Statutes of the United States. It is therefore ordered that the Clerk of this Cotu't issue the usual process and monition and a writ of attaclunent directed to the Marshal of said district, returnable on i ;?30 ^msr (Exhibit No. lit U. S.) Wednesday, the 22nd day of September, 1892, at 10 o'clock A. M,, directing and commanding him to make seizure and take into his possession the said schooner "Winifred," her boats, tackle, apparel, furniture and cargo. It is further ordered by the Court that OrvilleT. Porter, United States Marslial, cause due notice of said seizure to be made and given, and also of the information on file, by locausing the substance of said information and the order ilf the Court thereon setting fortli the time and place ap- pointed for trial to be published in the Afnshi Herald, a newspaper of general circulation, ]trinted and published at Sitka in said district, and to post up the same in the most public place for a period of four weeks, and that the time and place of trial is hereby fixed at the City of Sitka, on the 22nd day of September, \s\\->. You are therefore hereby commanded to attach the said schooner " Winifred."' her boats, tackle, apparel, furniture 20 and cargo, to detain the same in your custody until the furtlier order of tlie Court respecting the same, and give notice to all persons claiming the same, or knowing, or having anything to say. why the same sliould not be con- demned and sold pursuant to the piayer of said libel of information, tiiat they be and api)ear before said Court to be held in and for the District of Alaska, at Sitka, on the 22n(l day of September, l.S!i2, at lo o'clock in the fore- noon of the same day, if the same shall he a day of juris- diction, otherwise on the next day of Jurisdiction there- 30 .after, then t.nd there lointeri)()so aclaim for the same, and make their allegations in that behalf, and what yon shall have done in tlie premises, do you then and there make return thereof together with tliis writ. Witness the Hon. Warren Tmitt, Judge of the said Court, and the seal thertot' alitixed at the City of Sitka, in the District of Alaska, this 2otli day of August, 1s1)l>, and of the Independence of the United States the one hundred and seventeenth. X. R. PEClvlXPAUGH, 40 Clerk U. S. Dist. Court. liy A. A. Meyer, Deputy. IvIaksh.ai/s Retckx. United States, District of Alaska, ss. : Be it remembei'od that in obedience to the annexed monition, I have attached the schooner " Winifred," lier boats, tackle, apparel, furniture and cargo, and now hold thesame in my possession subject to tiio order of this Honorable Court. 5° And in obedience to the order of the Court made and entered in said cause, I gave due notice of tiie pending of saidliltelof information by publication of the within notice of seizure for four weeks successively in the Alashi Herald, a newspapei' of general circulation, printed and published at Sitka, in said District, and posting up the same in front of the Custom House at Sitka, in said Dis- trict, for the same period, a copy of s.iid notice is hereto attached and made a part of this retui'u, and I herewith , return this wiit dulv executed. ''° ^ ORMLLE U. S. Marshal Sitka, Alaska, September •_'2. lsii:>. (Endorsed) -No. lU:. -In U. S. Dist. Court District of Alaska.-The United States r-s. Schooner " Winifred." — Monition. - Hetnriied and Polled September 22, l."^!>2. — N. R, I'eckinpaugb, Clei'k. T. PORTER, Dist. of Alaska. t/fi'-. 34ti I ■■if m rExhibit No. lit U. S.) Mahshai/si Notice ok Seizukk. In tht' District Court of the United States for the Dis- trict of Alaska. Whereas a lihel of infoiination has been filed in the above District Court by United States Attoiney C. S. John- son, on behalf of the United States and against the schooner "Winifred," her- boats, tackle, apparel, furniture '°and cargo, and alleges in substance: That Washington C. ('oulson, a Captain in the Kevenue Marine Sei-vice, duly conunissioned by the President of the United States, and then and there commanding tlie United States Revenue Cutter "Hush." on duty in the waters of Alaska, anil duly authorized in the ]U'emises lieretofore on or aliout the lit'.th day of July, lSi»2, near Amak Island, in Beiiring Sea. latitude ."»r)° :i:i' 4.">" north, longitude HM° H.". west, within the District of Alaska, and within the jurisdiction of this Court, on waters navigable ^°froin tlie sea by vessels of ten or moie tons burden, seized the ship or vessel, commonly called a schooner, and known as the " Winifred," her boats, tackle, apparel, furniture and cargo, and turned the same over to the Collector of Customs for the port of Sitka, in the District of Alaska, wheie they now are, said vessel, her boats, tackle, apparel, furniture and cargo being the property of William Henry Dyer and Robert Shaip, of Victoria, in Britisii Columbia, said owners not being citizens of the Unites of the Revised Statutes of the United States. :ind. That said Schooner " Winifred "' is a foreign vessel, owned in Vict( via, in Britisn Columbia as hereinbefore de- scribed, that said vessel on the I'litb day of February IS'.ti, ""^'(•leared from tlic foreign port of Victoria, British C'olum- hia, bavingdu board •' ballast and stores," that on or about the i:')tli day of June, Ishl', said vessel so laden ariived in waters of the United States, from said foreign territory, adjacent to the northwestern frontier of the United States. to-\vit: In a siiiall bay called Tonki. in the Island of Afog- ^41 "WP! (Exhibit No. 1!» I'. S.) nak said island beiii^: the proju'ity and doniain of the United States, and lying adjacent to the main land of the Territory of Alaska, within tlie collection District of Alaska, and within the jinisdictith day of August ls!t2, comes C. S. John- son, United States District Attorney, and files a libel of information against the schooner "Winifred," her boats, tackle, apparel, furniture and cargo, jind against all per- 30 sons intervening for their interest therein in a cause of forfeiture for violation of Sections 2S(;7 and Blo!» of the Revised Statutes of the United States. It is therefore ordered that the Clerk of this Court issue the usual process and monition and a writ of attachment directed to the Marshal of said District returnable on Wednesday theii2nd day of September ls!)2. at lo o'clock A. M., directing and commanding him to make seizure and take into his possession the said schooner " VV^inifred," her boats, tackle, apparel, furnituie and cargo. 40 It is further ordered by the Court that OrvilleT. Porter, United States Marshal, cause duo notice of said seizure to be made and given and also of the information on file, by causing the substance of said information and the order of the Court thereon setting forth the time and place ap- pointed for trial to be published in the Alaska Herahl, a newspaper of general circulation, printed and published at Sitka in said District, and to post U|> the same in the most public place for a period of foui' weeks, and that the time and place of trial is hereby fixed at the city of Sitka, soon the 22nd day of September,' ls'.i2. Now, thei'efore, in jtursuance of this monition issued under seal of said Court, to me directed and delivered and in accordance with the order of said Court, I do hereby give public notice to all persons claiming the schooner " Winifred," boats, tackle, apparel, furniture and cargo, or in any maimer interested therein, tha'^ they be and ap- pear befoie the said District Court at Sitka, on the 22nd day of September, 1S!»2, at the hour of ten o'clock in the forenoon of said day, then and there to interpose their 60 claims and make their allegations in that behalf. ORVILLE T. PORTER, United States Marshall. By A. A. Meyer, Deputy. Dated this 20th day of August, 1892. m ■U2 m (Exhibit No. lit U. J^.) And on Hopt. 22(1, a stipulation to take testimony vvas filed in said (;ause, which is in words and figures follow- ing, to wit: In tho Uniti'd States District Court for the District of Alaska. The United States ") ,0 rs. I No. 34.5. The schooner "' VVinified," her boats, f Stipulation, tackle, api»arel. furniture and cargo. J Wliereas, in this cause the defendant was requiiod to appear and answer the libel of information filed herein, on tho 22nd day of September, 1S!>2; and, Wliereas, defendant is not ready for trial, but desires said cause continued for the purpose of taking testimony; and, Whereas, plaintiff has present and ready to testify in 20 said cause a number of witnesses, including the crew of said schooner " Winifred," all of whom are non-residents of the District of Alaska, and about to depart therefrom; It is hereby stipulated and agreed by and between the parties hereto that the testimony of such witnesses as plaintiff nuiy produce may be summarily taken and re- duced to writing in the form of depositions, by the Hon. R. C. Rogeis, United States Commissioner for said Dis- trict, at Sitka. Alaska. That the taking of such testi- mony shall begin on the 2oth day of September, 1SI»2, or 30 as soon thereafter as the U. S. Commissioner can act in that behalf, and shall be continued from day to day until the same is completed, and when so completed shall be returned to the Clerk of this Court at Sitka, Alaska. All objections to the manner of taking and returning said testimony are hereby waived, but objections to the competency and materiality of the same are not waived. C. S. JOHNSON, U. S. Atty. for Plaintiff. Hughes, Hastings & Stedman, Proctors for Claimant, 4oChas. Spring. I hereby approve the foregoing stipuliition. Done in Chambers, at Sitka, Alaska, September, 18!>2. WARREN TRUITT, U. S. Pist. Judge. (Endorsed)— No. 345.— In U. S. Dist. Court.— Dist. of Alaska. — United States vs. schooner "Winifred." — Stipulation to take testimony. -Filed Sept. 22, 1892.— N. R. Peckinpaugh, Clerk. ' And on October 3, 1S!>2, the following further proceed- ings were had and appear of record in said cause, which are in words and figures following, to wit: United States 1 Schooner " Winifred," her boats, tackle, \ ^^- ^■*^- apparel, furniture and cargo. ) Comes now the parties, and it being suggested, that F. P. Dewees, Esq., is of Counsel for plaintiff, ^ It is ordered, that he be entered of record as such at- torney in said cause. Form No. 9. »4H mw Exhibit A. (Exhibit No. lit U. S.) Okutificate ok British Registry, Particulars of Ship. Official Number of Hhii), 77,i>7-.'. Name of Ship, " Wini- fred." No. Dato and Port of Uejiistiv. No. it, 13th Nov., 187l>. Victoria, B. C. No. Date and Port of nre- vions Regiatry, None. Foreign Built. VVliether a Sailing lOor Steam Ship. Sails. Where bnilt. Whatcom, Washing- ton Terr. When bnilt, lst!!t. Name and Address of builders, Unknown. Niiiiibor of IlFckii. . . .One Niiinlx'i' lif Mnsts. . . Two Rig^sd ... ScliooniT Sttrn. ... Hoiind Build t'nivcl Onllvriei Nom; Heiid ... Ktiiiiglit ^" FrnriU'Wdik Wood T.i'iiKlli finni foi'p |init of stem, under lliu b(>\va|ii'il. to tliti nft Hide of llii' livad of tlie Hlcrn post Mnin lircndlli of outside of pliink Di'iitli in liold from t(>nnni;v pi'clj to ccilirii; nnndsliips. ni'ptli in liold IVoin upper dfck to ci-!lin);iit MiidsliipH, in the case of sliips of three decks and upwariin Foot. Tentln. 42 IH 7 4 r> Particulars of Tonnage. (iro8» Tounaijp. In Uegistered Tons. 30 Tnder Tonnago Deck 10.40 Olojed-in spaces above the Tonnage Deck 2 66 Gross Tonnage IS.O.I Deductions, as per Contra. . . Nil. Registered Tonn«xo 13.05 Deductions Allowed. Nil. Total Deductions. Nil. I, the undersigned Registrar of Shipping at the Port of Victoria, B. C, hereby certify that the ship, the description of winch is prefixed to this my certificate, has been didy surveyed, and that the above description is true; that William 40 Henry Dyer whose certificate of Competency or Service is No. 8,677 is Master of the paid ship; and that the names, residence and description of owners and number of Sixty-fourth Sliares held by them are as follows: Name, Residence and Occupation of Owner No. of «4tli Shares. William Henry Dyer, Pandora St., B. I Pilot 1 Thirty -Two. Robert Sharp, Saanich Rd. , B. I. Pilot j Thirty Two. Dated at Victoria, B. C, the l?.th day of November, one i:o thousand eight hundred and seventy-nine. ^ ^ H. HAMLEY, Registrar of Shipping. N. B. Indorsements of changes of Owners and Masters must be made as directed by the Instructions to Registrars and will follow here: John I. Steele is this day appointed Master of the withm named ship. ^ W. HAMLEY. I hereby certify that Gnstave M. O. Hansen has been 6o appointed' master of the within named Schr. " Winifred" of this Port. Dated at the Custom House, Victoria, B. C. Feb. 20th. 1892. J. C. NEW^BURY. Act'g. Reg. North. N. E. of Id. June. 11. 1892. 344 (Kxliibit No. litU. S.) I certify that I h.ivo tliis day hoarilpfl iind dolivored to tliia vessel n cojiy of tlic I'roclamatioii of tlu' Prcnident of the United States, a copy of the Artiitiation hetween the United States and Great Britain, a copy of tlie British seal flsheiy, Beln'in({ Sea Act, and a copy of tlie instruct ions of tlie Honorable Secretary of the Treasury to (he Senior Officer Coinn)andinK U. S. Naval Forces in Behrin^ Sea, loand have warned the iMaster not to entei- the i)rohihited waters of Beluing sea, upon pain of seizure. J. K. l{KiNBUHG June It;. U. S. ]i. S. U.S. S. "Rusli," To.NKi II.XKBOH. 2ist. June. lw-2. Warned again. A. H. CiAKXMO \V. M Lieutenant. H. M. S. '-Daphne." ^° Exhibit B. (Canadian foreign seagoing or Canadian iiome-tradeship.) AOHEEMKNT AND ACCOUNT OK ClJKW. 30 40 Name u! Sljip. Otfiolnl No. Poll of Regislry. Vicloriii, 11. 1'. I'oii No. A dull- of Hi'iii-lir. Ui'ijis I.Tcd Ton- Man'j; Ownur. Name. Address, 77!i72 «i,'i'. C. Sprini;. Vicloiift, 11. C. Winifred. No. '.) in IS"'.). I» Ma«tkr. Nmiio. 0. M. 0. Hnnst Address. iiicnt, liicdiiding Niiniu of Sliippin;; Ottico. n. Vietdiin, li. C. Cnsloni Honsc, Vicloriii. li. ('., Feb. 2ii. 18!I2. Scale of ju'ovisions to be allowed and served out to the crew. 50 The several ])eisons whose names are hereto s u b - scribed, and whcse descrip- tions are contained within and of whom are engaged as sailors, hereby agree to serve on board the said ship in the several ca- pacities ex|)ressed against their respective names, on a voyage from Victoiia. B. C, on a general hunting and sealing voyage in the North Pacific Ocean, voy- aging to and fro as the Master may direct. No money advanced after commencement of voyage. And no dis- 6q charge to be claimed by any of the crew until the termi- nation of voyage at the close of the season, the discharge can only be claimed at Victoria, B. C. Voyage not to exceed 12 calendar months. And the said crew agree to conduct themselves in an orderly, faithful, honest and sober manner, and to be at all times diligent in their le- As under. Sufficient without waste. No spirits allowed. a. 84S (Exhibit No. U» U. 8.) spective duties, ami to be obedient to the lawful coin* inandH of the naid Master, or any person who shall lawfully; succeed him, and of their superior otflcere in everytliing relating to said ship and the stores and cargo thereof, w-nether on board, in boats, or on shore; in con- sideration of which services, to be duly performed, the said Master hereby agrees to pay to the said crew as wages ID the sums against their names respectivdy expressed, and to supply them with provisions according to t\w above scale: And it is hei-eby agrt^ed that any embez/lemeiit or willful negligent destruction of any part of the ship's cargo or sttMes shall be made good to the owiiui out of trie wages of the person guilty of tht- same: And if any person enters himself as qualified for duly, which he proves himself incompetent to perform, his wages shall be reduced in proportion to hisiiuompetency: And it is also agreed, that the regulations which, in tlii' papers annexed 20 hereto, are numbered :{, are adopted by the paities hereto, and shall be considered as emboditnl in this agreement: And it is also agreed that if any member of the crew consideis himself to be aggrieved by any breach of this agreement or otherwise, be shall represent the same to the Master or Officer in charge of the ship in a (piiet and orderly manner, who sliall thereupon tal. Han- sen, Master, on the 2(ith day of Pebiy. isjt^. i CusiomA of Canada. ) I Feb. 20, 1 «!»!'. V 40 ( Victoria, B. V. ] Refer- ence No. SIgnnturo nf Crew. Ouslave M. 0. Hansen. W. M. (ieddcs Henry Terclie jT. .1. Lindsay I Will. Kerr 1). rijier [Conc Neilsin diaries Norsleii Juneiili Hutching .\gc-. S3 36 30 2li 28 31 2f) S-. Ship in which lie last served. Laurn. Thermoiiylea. Thiitle. First Sliip. r.ouis Olsen. l.onis Ol.si'n. Winifred, ticnevii. Boriatei!. Date and Place of Joining the Ship. 20/2/92 Victoria. 20/ 2/92 do. 20/2/92 do. 20/2/92 do. 20/2} 112 do. 4/3 92 Ucluth. 4/3/92 do. 4/3/92 do. In what Capacity. Time at which he is to be on board. Amount ofwiigea per calendar month, Share or Voyage. j Ami. Wgg. ad- v'n'cd on entry. 60 1 2 3 4 6 6 7 8 . 9 Mate Hunter do A. B A.B Cook* Sfd. A.B Hunter 22/2/92 22/2/9 i 22/2/92 22/2/92 22/2/92 4/3/92 4/3/92 4/8/92 $35.00, 2.'ic. per siiin caiiglit mi stern boat. live lay caught by himself, do. do. tSO.OO, 2Bc. per skin caught in his boat. ♦SO. 00, 25c. do. do. ♦60.00. ♦36.00, 26c. nf seals caught in his boat. four lay caught by iiim^elf. ♦ 40 00 60 Oil 60 Oil j 30 00 1 30 Oil I 346 (Exhibit No. 19 U. S.> Shipping Master's or Witness' Signature for Nos. 1, 2, '^, 4, 5, 6. W. P. for Nos. 7, 8 and l>. G. M. O. Hansen, Master, and Win. M. Geddes, Mate. Custom House, Victoria, B. C, Feb. 20, 1S92. I hereby certify that I have sanctioned the engagement of G. M. b. Hansen, W. M. Geddes, H. Terche, T. J. Lind- josay, W. Kerr, L. Poper, upon the terms written in the within agreement. That the same has been read over to them and thev have signed their names in my presence. W. PETHERICK. ( Customs, Canada, 1 per Slilppiug Master. \ Feb. 20, 1892. - t I f ir> ( Victorin. B. C. ) M 20 Exhibit C. DOMINION OF CANADA. Bill op Health. Custom House, Port of Victoria, B. C. To all wJioiii these pveseiifs shall come: Whereas the schooner " Winifred " of Victoria, B. C, of which G. M O. Hansjen is master, is now readj- to de- part from the port of — for North Pacific Ocean and other places beyond the sea, with ti persons including the master of the said vessel: I therefore, by these presents, do make known and cer- tify that no plague, or any other dangerous contagious 30 disease, at present exists in said port. Given under my hand and seal of office, this 20th day of Febiuary, 1892. Customs of Canada. J Feb. 20.. 1892. Victoria, B. C. ) J. NEWBURY. Collector of Customs. Exhibit D. 4° Port of Victokia, B. C. 2oth Feb., is'ta. These are to certify, to all whom it may concern, that G. M. O. Hansen, master of the schooner " Winifred," 13 tons burthen, navigated with six men. built and bound for North Pacific Ocean, having on board Balast and stores and Hunting Outfit hath here entered and cleared his said vessel accoi'ding to law. Given under my Hand, at the Custom House at tlie Port of Victoria, in the Province of British Columbia, this 20th day of February one thousand eight hundred and ninety- 50 two. Clearance. {Customs of Canada. Feb. 20, 1892. Victoria, B. C. J. \ NEWBURY, Collector. 60 Exhibit E. No. fi7. DOMINION OF CANADA. Coasting License. For the Vear 18iU-2. To all whom it ma// concern: This license is granted to G. M. 0. Hansen, of Victoria, B. C., Master of the Schooner "Winifred," of Victoria, B. C, IS Tons burden, British, registered and wholly 347 IW' lO (Exhibit No. 19 U. S.) owned by Britislj subjects, to employ the said vessel to cany goods, always subject to entry or cleaiance, con- formably with the coasting regulations of the Dominion of Canada. Given under my hand this -'0th day of February, 1892. J. NEWBURY, Collector. i Customs of CriihcIs, ■] Fol). 2(1, 189a. I Victorifl, B. C. Port of Victoria, B. C. This license expires on 3(»th day t>f June, 1892. Exhibit F. No Kkpokt Outwards, Port of Victoria, B. C. 20 Contents in the schooner "Winifred." Registered Ton- nage 13. Registered in Port of Victoria, B. C. with six men, G. M. O. Hansen, Master for this present voyage for North Pacific Ocean. Cargo -Tons Weight Tons measurement. ...Agent. Qiumfifij and Desnipthm of d'oods. Balast and stores and hunting outfit. I, Gustave M. O. Hansen, Master of the vessel above named, do declai'e that the contents above written, now ^° tendered and subscribed by me, is a just and true account of all the goods lade i)n board my vessel for the present voyage, and the names of the respective consignees and shipper's of said goods, and of the marks and numbers of the packages containing the same. Signed and delivered oef ore me at the Custom House, Port of Victoria, B. C, the 2()th day February, 1892. J. NEWBURY, Collector. GUSTAVE O. M. HANSEN, Master or purser. (Under a penalty of $400.00.) At a stated term, to wit, the May Term, A. D. 1892, of the District Court of the United States of America, in and for the District of Alaska, held in the Court room, in the town of Sitka, on Fri- day, the 20th day of August, in the year of our Lord one thousand eight hundred and ninety- two. Present— The Honorable Warren Truitt, Judge U. S. District Court. United States vs. Schooner " Winifred," her boats, tackle, apparel, furniture and cargo. J 40 SO 1 i-No. ;!45. It is further ordered by the Court that R. C. Rogers, Esq., be and he is hereby appointed a Commissioner to take the testimony on part of the libelant at Sitka, Alaska, ^commencing on the 22d day of September, 1892, and like- wise at such time and place to take such testimony on be- half of the claimants as they may produce. I hereby certify that tlie foregoing is a full, true and correct copy of the order of the Court entered in the above entitled cause. 348 10 (Exhibit No. 19 U. S.) Attest my hand and seal of said District Court this 12th day of September, A. D. 1892. N. R. PECKINPAUGH, [L. s.] Clerk. (Endorsed)— No. 345.— U. S. District Court.— District of Alaska.— United States vs. Schooner " Winifred " et al. — Order to take testimony. United States Court. United States I'S. District of Alaska. ■ No. 345. 20 Schooner "Winifred," her boats, tackle, apparel, furniture and cargo. By virtue of the order hereto annexed and made a part hereto, and by the authority therein given: Be it lemembered, that I, K. C. Rogers, the Commis- sioner by said order appointed to take the testimony on the part of the libellant in said above named suit, and likewise such testimony on behalf of the claimants as they may produce, did cause to come before me at the Court Room of fiaid United States District Court, at Sitka, Alaska, District of Alaska, on the 22d day of September, 1892, that being the day appoiuted by said order to com- mence the taking of said testimony, between the hours of 9 o'clock A. M. and 5 o'clock p. M. of that day the follow- ing persons, to wit: F. G Dodge, E. T. Hatch, C.L. Hooper, W. Kerr, D. Pii)er, C. Nordland, C. Neilson, to be exam- ^°ined as witnesses in a cause now pending in the said Dis- trict Court, wherein tlie United States is plaintiff and the steamer " Winifred,"' her tackle, cargo, etc., is defendant. And not being able to complete the taking of testimony on that day by reason of the number of witnesses, and the length of deposition of each of the same, I did adjourn the further taking of the same until and inclusive of the 23d day of September, 1892. and at that later date the same was concluded. 40 And the said Fked D. Dodge, of lawful age, and sworn to testify the whole truth, deposeth and saith : Q. State your name and occupation? A. Fred CI. Dodge, third lieutenant. United States Revenue Service. Q. As such officer, where wee you doing duty on or about the 2(ith day of July 1892? A. On the United States revenue cutter " Rush.' Q. Did you see the schooner that date, and, if so, where < called the " Winifred " on A. I did; seventeen miles 50 from Amak Island and twenty miles from False Pass in Behring Sea. Q. Did you board said vessel on that date? A. I did. Q. By whose order and for what purposed A. By the order of the Captain, W. C. Coulsen, commanding the United States revenue cutter " Kush,'' for the purpose of ascertaining her business in Behring Sea, and whether she i>ad been sealing in prohibited waters. Q. What w!is done, if anything, with the " Wini- fred " i)y Captain Coulsen i A. Slie was seized for viola- Ciotion of the Diodiis n'vendt, and I was placed in charge of her and was towed into Onalaska. Q. After reaching Onalaska what further acts of seiz- ure, if any, were done by Captain Coulsen? Objecicd to as incompetent and not the best evi- dence. ;5-l-!) ~ww lie had received any Bav, from any otlier (Exhibit No. 19 U. S.) A. She was detained there till the arrival of Capt. Evan, Senior Naval Officei' of the Fleet, and after the consultation with Capt. Evan and the Senior Naval Offi- cer of the American Squadron, and also with the Senior Officer of the British Squadron, and Capt. C. L. Hooper, of the United States Revenue Cutter "Corwin," it was deteimined to seize her for violation of the United States «o Revenue Law. Q. Was sVie so seized? Same objection as above. A. She was. (,i By whom? A. By Capt. \V. C. Coulsen, Commander of United States Revenue Cutter '" Rush," '; Do yoii know (J. M. (). Hansen, Master of the "Wmifred"? A. I do. Q. Did vou have any conveisation with him in refer- ence to leceiving stores or shipping seal skins during tlie 20 voyage on whidi he was seized? Objected to as immaterial, irrelevant, and too in- definite. A. I did, and he informed me he had transferred one hundred seal skins to another vessel, to be sent below. Q. Did he state when or where he had transferred those skins? A. In Tonki Bay. Q. Did he state the name of the vessel to which the ti'ansfer was made? Same objection as last above. 30 A. He did not. Q. Did he state whether oi' not stores or provisions whilst in Toiiki vessel. Same objection as above. A. He did not. g. Where is Tonki Bay? Objected to as immaterial, and not the best evi- dence. A. On the Island of Afognak, which is situated in the 40 North Pacific Ocean adjacent to the Territory of Alaska, and the Island of Kodiak separated from the Island of Kodiak by a narrow pass three-quarters of a mile wide. Q. After the seizure of the "Winifred"' for violation of the Revenue law, what was done with her? Objected to as not the best evidence, witness not having shown himself competent to testify. A. She was sent to Sitka in charge of an officer of the United States Steamer " Albatros," there to be tried. Cross KXAMiNATioN. 50 g. Will you please locate Tonki Bay, with reference to its position and the coast of Afognac Island? Question waived. Q. Where did you have the conversation v.'ith Captain Hansen witii reference to the transferring of the seal skins, testified in your direct-e.xamination? A. In the Cabin of the "Winifred." Q. In whose pre.sence? A. In the presence of 1st Lieut. F. H. Newcomb, of the United States Revenue Cutter " Rush," and several of tiie crew of the " Winifred." Sworn to and subscribed before me in the day and at the place and between the hours aforesaid. F. G. DODUE, ;5d Lieut. U. S. R. M. R. C. ROGERS, U. S. Commissioner. ;'.5(i fi! 20 (Exhibit No. It) U. S.) And the said E. T. Hatch, of lawful ai^e. and sworn to testify the whole truth, deposeth and saith: Q. State your name, residence and official position? A. Edwit T. Hatch; Sitka, Alaska; Ccdiector of Customs for District of Alaska. Q. As such Collector, did you receive into your custody the schooner called the " Winifred'"? A 1 did. 10 y. When? A. On the liith day of August, lS!t2. Cj>. Fiom whom did you leceive her? A. Captain Tan- ner of the " Alliatros."' EDWIN T. HATCH, Collector of Customs, District of Alaska. Sworn to and suhncrihed before me in the day and at th(^ place, and between the hours aforesaid. K. C. ROGERS, U. S. Commissioner. A recess by af^reenient of respective counsels until 1.30 p. M,, this day. Resumed examination at l.:>o i'. M. And the said C. L. Hoopei: of lawful age, and sworn to testify the whole tiuth, deposeth and .saith: Q. State your name and oUKcial position? A. C. L. Hooper, Captain of the United States Revenue Marine Service. Q. Do you know the Schooner called the *' Winifred " ? A. I do. 30 Q. Weie you on board said vessel on or about the 20th day of July last? Objected to as nn material. A. I was not. I was on l)oard on or about the 22d of July. C^). At that time did you examine the papers and log book belongiu};' to said vessel? Same objection as last above. A. I examined her log book only. I think her other papers had been taken out i)reviously. 40 Q. Did you subsequently examine her papers? A. x "' both prior and subsequent with Captain Coulsen on board the "Rush." Q. Captain will you examine the log book and papers now submitted to you, and say whether they are the log book and paper.s heretofore exatnined by you as above stated, and being the property found on board the schooner " Winified.'' Objected to as incompetent, and immaterial, and for the further reason that the witness has not shown 50 himself qualified to testify. A. I have examined the log book and papers, and iden- tify them fully as the papers of the " Winifred."' Q. Please give the name of each book and paper to the reporter, and have the same marked exhibits beginning with A and contiiuiing alphabetically? Same objection as last above. Exhibit A, Certificate of British Registry. " B, Agreement of articles and account of crew. C, Bill of health. " D, Clearance. " E, Coasting license. " F, Report outwards. " G. Official Log Book. " H, Ma8ter"8 log book. 60 «smii«ii!P*^«^mPiPV< ^PPW ;^5i :-1' I (Exhibit No. 1!> U, S.) Plaijitiff offeis in evideiico all tlie alxne exhibits, except Exhihit H, Arnstei's J^og Book. Of E.xhihit H. Master's Log B()ol<, plaintiff offers in evidence all entries made in the same, between the dates of .June 8, Is'L'. and June :i4, IHS^L', the same aie introduced subject to the objections of the defendant. The defendant obj<>cts to the introduction of said 10 exhibits for the reason that they are immaterial, in- competent, no sufficient fomulntion laid, therefore, and not having been suHicientlv identihed. y. Please rend to tlu> reporter the second paragraph in tiie entry under date June i'l>, 1s!(l>, from exhibit H, Mas- ter's log book. Same ol)jection as last above. The paper siieak.s for itself. ' ' ' A. Brought the skins on board the " Favorite." t^. State tlie general ajipearanco of the entrv just read? 20 A. It appears to have l)een partly erased. Q. Was the entry in its present condition when you fii'st saw it? Same objection as last above. A. It was not the writing was plain and clear. Q. Do you know when and bv whom the partial eras- ure was done? A. I did not see it done. Q. When did you first discover the partial erasure^ Same objection as last above. A. After reading the entry and calling Cai)t. Coulson's SOattention to it. I went on deck, leaving Capt. Coulson and Capt. Hansen in the cabin of the -'Winifred," a few moments later Capt. Coulsen came on deck with the log hook, and called my attention to the partial erasure, and we left the vessel together at that time. Ckoss-kxamination. Q. Will you please give the full particulars occurring at, and leading up to, the production of exhibit H to vou and Captain Coulson? A. In examining the papers of the "Winifred"' in company of Captain Coulson, the ab- 4 sence of a log-book or record of the vessel's movements was commented upon, and it was decided that Capt. Coulson and myself would visit the "Winifred." We went on board and asked Capt. Hansen if he did not have a master's log or journal, kept by himself, as his official log did not show the movements of his vessel. In answer to that inquiry Captain Hansen produced what has been here identified as the Master's log. Q. Was this all the conversation between you and Capt. Hansen, occurring at the time, and prior to its pro- Seduction? A. I do not think of anvthingmore. Q. What was done with the crew of the " Winifred," including the master, subsequent to the seizure? A. I do not know. I had nothing to do with the seizure. Q. Is it not true that Captain and crew of the "Wini- fred " were kept separately and not allowed to communi- cate with one another, suhsequentlv to the seizure, and prior to her arriving in Sitka? A. I do not know. y. Calling your attention to the entrv under date of June 22. ],sttL>, in exhihit H, did you see the erasure made ^yourself? A. I did not. Plaintiff furtiier offers in evidence the statement under date July 2:5, l.S!t2, and found in Master's log, exhibit H, immediately following log entry of July 12th, and below which are signed tiie names G. M. O. Hansen and the i' (Exhibit Xo. 1'.' U. S.) as w itnt'sses W. C. Coiil.son and Frank H. New- names comb. Defendant proof to the been offered. objects as inooni|»etont, immaterial, no genuineness of the signatures, having 10 30 C. L. HOOPER, Captain U. S. K. M. Sworn to and sul)S(ril)ed before me in tiie day and at the place, and between the lionrs aforesaid. It. C. ROGERS, .U. S. Commissioner. Adjourned at recpiest of the respective counsels until September I'lid, ]S!»l', at !• -\. .M. Met the '2!?d day of September, \s>)-2, at !» A. .M., pursu- ant to agreement. Parties all present. 20 And the said \Vii,t,i.\M Kkkk, of lawful age, and sworn to testify the whole trutii, deposetli and saith: Q. State \'our name and occupation. A. William Keri", seaman. Q. VViiere were yon and w hat were you doing the month of June, isii:?^ A. I was on board the "VVini- fred," taking seals in the North Pacific Ocean. i}. Were you on board the "Winifred" when she was boarded by the otticeis of tlie Revenue Cutter "Rush"? Objected to as innnaterial. A, Yes. Q. Where did the "Winifred" go soon after she was boardoiH Same objection as above. A. We did not go anywhere. Q. Where did the vessel go during the next few days? Same objection as last above. A. We went into some harbor being short of water. Q. Do you know the harbor called Tonki Bay? A. I was told it was Tonki Bay, could not swear to it. ^" Q. When you entered the haibor you speak of, which you were told was Tonki Bay, did the " Winifred " have any seal skins on board { Objected to as innnaterial, incompetent and assum- ing something not in evidence. A. Yes; I believe they did. Q. What, if anything, did you do with the seal skins while in that harbor; Same objection as last above. A. I rolled the skins, put them in sacks, and left them 5°in the hold. Q. By whose orders? Same objection as last above. A. By the Cai)tain's. Q. State as nearly as you can how many skins you rolled in sacks? Same objection as last above. A. Something over a hundred. Q. After sacking these skins, did you again see the eack.s, or sacks containing skins? Same objection as last above. A. \'es; the sacks, but not the skins. Q. Where? Same objection as last above. A. I saw them in the hold; they were there for a couple of days. 60 868 ■nw» (Exhibit No. 19 U. S.) Q. State if you know whether thev were aftei-wards taken out of the hold? Same objection as last above. A. Yes; they were afterwards taken out of the hold. Q. By whom, and by whose order, if anyone's? Same objection as to last above, and as hearsay. A. I guess, there were three of us engaged at it by the lo Captain's order. Q. Who were the three? Same objection as last above, A. Myself, Charlie Nollan, Dave Piper. Q. What did you do with them? Same objection as to last above. A. They were placed in a boat, that is the sacks. Q. What further was done with them? Same objection as to last above. A. We took them over and cast them on the deck of the 20" Favorite." Q. State if you know whether anything else? Question waived. Q. Did the " Winifred " while in the harbor refersed to, receive anything from any other vessel to your knowledge? Same objection as to above. A. Yes. we got two sacks of jiotatoes as a present. Q. From what vessel? Same objection as to above. A. From the schooner "Venture." 30 Q. Did the " Winifred " receive anything else while in said bay, if so what? Same objection as to above. A. I could not say, being engaged in watering the vessel. Q. How long were you in this bay? Same objection as to last above. A. I could not say, could not swear, toiiovv long. Q. State if you know whether the schooner " Venture " is an iVmerican or an English vessel? Objection same as above and as not the best evi- 40 dence. A. I guess she had B. C. on her stern, but 1 was not ([uite sure. Q. State if you know whetlier the schooner " Favor- ite " is an American or British vessel? Same objection as to above. A. It is a British vessel. Cross-examination: Q. Were the skins seized on l)oard the "Winifred'" taken before or after the L'oth day of June. lS!t2? A. 50 Afterwards they were taken. Q. At tlie time of the seizure of the " Winifred," did you iiave on board any seal skins that were (m board said vessel on or prior to June iilst, lsit2? A. 1 could not say. 1 never kept no dates. Q. Were the skins on board tlie " Winifred " at the time (if the seizure on board of said vessel before the time that you received the potatoes fiorti the " Ventiiie'"? A. I could not say. Q. At the time that you went into the l)ay mentioned ^^o in your direct examination did you go there to get a supply of fresh water? A. Yes. Q. Was this supply of fresh water ne<'essary? A. Yes (). At the time that you received the two sacks of potatoes from the " Venture." wer<' you in need of the potatoes as provisions for the crew? Plaintiff objects as immaterial. 8M i ;!{: (Exhibit No. 1!) U. S.) A. Yes, we had not had any for over a week. Q. After the " Winifred " was seized, what was done with you by the officers of the " Rush"? A. We were kept close prisoners and transferred on board the " Alba- tros." Q. Were you allowed to communicate with the master of the " Winifred " during this time! 10 Objected to by plaintiff as immaterial. A. We were not allowed to speak to them on board the " Albatros." Q. Did the officers of the ''Rush '' exact of you an af- fidavit pertaining to youv connection with the " Wini- fred"? Objected to by plaintiff as immaterial. A. Yes, the Captain of the "Rush" said he was au- thorized by the two senior officers of the port, to put us under oatli, and ask us some questions. 20 Q. Was it under these conditions, that you gave the affidavit referred to? A. Yes WM. KERR, Seaman. Sworn to and subscribed before me in the day and at the place, and between the hours aforesaid. R C. ROGERS, U. S. Commissioner. And the said David Pipek, of lawful age and sworn to 30 testify the whole truth, deposeth and saith: Q. State your name and occupation^ A. David Piper, seaman . Q. Were you employed on board the schooner '" Wini- fred" during the month of June, lS!»-2? A. Yes. Q. Do you know the harbor called Tonki Bay? Objected to as immaterial. A. I was told it was. Q. Was the "Winifred" in the bay you refer to in June last? A. Yes. 40 Q. Were there any seal skins on boiird at that time, if so state how many? Objected to as immaterial and incompetent. A. One hundred or more. Q. State, if you know, what was done with tliem while the " Winifred '" was in that bay? Same objection as to last above. A. Thoy weie rolled up and put into sacks. Q. What was done with them after they were put into sacks? 50 Objection same as to above. A. They were put into the hold. Q. What was next done with them? Same objection. A. There were sacks of all kinds down there, salt sacks, etc. I don't know what was done with them. Q. Did you help take any sacks containing skins out of the " Winifred," and convey them to any other vessel? Same objection, and as leading. A. I passed sacks on deck, but did not carry any. 60 Q. Did you see what was done with the sacks you passed on deck referred to? A. No, sir. Q. Were the sacks you passed on deck, empty ^ A. Half full, I should say. Q. Were they the same kind of sacks into which you had helped put the seal skins? Objected to as immaterial and incompetent. 355 'TWS'^ A, (Exhibit No. 1» U. S.) They looked liko them but could not swear to it. Q. To the best of your knowledge and belief, did the sacks referred to by you as having been passed on deck, contain seal skins? Objected to. Immaterial and incompetent. Calling for the belief and opinion of the witness. A. Salt sacks and them look so much alike when sacked «Oup. Q. To the best of your knowledge and belief, did the sacks referred to contain salt:! Same objection as to last above. A. No, they did not contain salt. Q. From your knowledge of the weight of seal skins and from your knowledge obtained in sacking seal skins at Tonki Bay, and from having passed the sacks referred to, out of the hold, state to the best of your judgment, what they contained? 20 Same objection as last. A. I suppose they contained skins. Q. Were these sacks, to your knowledge, afterward re- turned to the bold? A. Not to my knowledge. Crossexamixation: Q. At the time that the " Winifred " was in Tonki Bay as referred to in your direct examination, was she in need of a supply of fresh water? A. Yes. Q. Did she lay in a supply of fresh water there? A. Yes. 3 Q. Was the supply necessary? A. Yes. Q. Was the supply of provisions of the " Winifred " at that time insufflcient? A. I knew we had no potatoes. Q. What was done with you by the officers of the " Rush " after the seizure of the " Winifred"? Objected to by the plaintiff as immaterial. A. To consider ourselves under arrest. Q. Did they state to you the grounds of arrest? Objected to as immaterial, impi-oper examination. A. For being in the Behrmg Sea. Q. What was done with you after your arrival in Sitka, after the seizure? Same objection as to last above. A. We were fetched up before Mr. Johnson. Q. After your arrival in Sitka, were you given your full liberty? Same objection as last above. A. Not for three or four days. Q. After the seizure of the " Winifred " did the Captain . of the "Rush" exact from you any affidavit relating to ^ your connection vvith the " Winifred" similar to the one now before the District Attoineyi Same objection as to last above, and further assum- ing a state of facts to exist not proven. A. He said he was authorized by the two senior officers to take our affidavits. Q. Did he, in fact, take this affidavit? A. Yes, sir; lie did. DAVID PIPER, Seaman. Sworn to and subscribed before me on the day and at the place and between the hours aforesaid. R. C. ROGERS, U. S. Commissioner. On motion of proctor H. A. Hassings appearing for de- fendant, a recess taken for half an hour. 40 60 m 6m f' . ( (Exhibit Np. lit U. S.) And the said C. Norlano, of lawful ago, and sworn to testify the whole truth, deposeth and saith: Q. State your name and occupation? A. Cliarles Nor- land. Seanifin. Q. Where were you employed in June last? Objected to as immaterial A. On board the schooner " Winifred." 10 Q. Was the schooner " Winifred " in a harbor or bay during that month, niid if so. what hay? Objected to as innnaterial and too indefinite. A. Yes, sir: I beard the name was Tonki Bay, but I am not sure of it. (). While in said bay did tlie " Winifred " transfer any seal si attiduvit \vu8 again read to yout Objwttion as to last alwve. A. Yes, sir; it is tni»'. (,). Is it not truo tiiat your tostimoiiy here to-day is guided by what was irail to you yesterday from a reading of this artidavit< lo Same objection as last above. A. I don't i U. S.) y. State if aiiythiiiy clw, that came oil board to your kiK)\vl('(lf;<>. Saiiio objection as last above. A. Not as I kiKiw of. t^. Uo you know fioni wiu'it' tiio coal, potatoes and coal came fronii Same objection as Jastabov:;. 10 A. We i^oi tlie potatoes and coal from the schooner " Venture," and the onions from alongside from a friend of the Captain's. Q Do you know whetlier there was unladen from the sohooiiei' "Winifred" while in Tonki Hay. any seal skins oi' cargo^ Objected to as immaterial and in<()m|»etent. A. No [ do not, I don't thin": (here was. <.^. Do you know whether there were any seal skins on board the " Winifred" when she anchored at Tonki Bay? 20 Same objection as above. A. I think there was. t^. Do you know about how many, if so state? A. No, I do not know. (^. Do you know whether there was any seal skins 011 board the " Winifred" when she left Tonki Bay? Same objection as last above. A. I don't think there was. but I couldn't tell for siu'e. t^. Do you know whether there were any seal skins rolled and sacked on board the "Winifred" while in 30 Tonki Bay' Objected to as immaterial. A. No, sir. Choss-kx .a min ation : t^. Did the schooner " Winifred " touch at any place where there is a port of entry, after she left Tonki Bay, and up till the time she was .seized? Oltjected to bv plaintiff as immaterial. A. No.' Q. Was there anything paid by the Master of the " Wini- 40 f led " for the merchandise and stores received by her while at Tonki Bay? A. Not as I know of. Q. Were the merchandise and stores needed by the crew of the " Wiiiifred":; A. The potatoes and onions was needed. Q. Was not the coal also needed on such schooner? A, Yes, it was, sir. Q. Weie all the seal skins on board the "Winifred" at the time of her seizure obtained before or after she left Tonki Bay? A. I do not know at all. sir. 50 Q. What is your belief in reference to it? Objected to by plaintiff as incompetent. A. I think they was caught after. y. What was done with you by the officers of the "Rush "after the " Winifred" was seized? A. We was told to find ourselves as prisoners, and don't have any con- versation with any people that don't belong to the vessel. Q. After the seizuie of the vessel and up to the time that she and you were brought to Sitka, were you allowed to hold any conversation with Captain Hansen of the 60 " Winifred"? Objected to by plaintiff as improper course of ex- amination and immaterial. A. I was not told because I staid on board the schooner. Q. During the time that you were held as a prisoner did the Captain of the "Rush" compel you to sign an affi- davit relating to your employment on the " Winifred"? 3C0 (Exliibit No 1!> U. S ) Objectt'd ti) l)y plaiiitiff as inriompeteiit and imma- terial and not proper cross examination. A Yes, sir. Q. Will \()U please state wiien that aflidavit was signed? A. Tiie Captain of the " JUish " lie told me lie was authorized from some Captain of the Biitisli man of war, I forget the name, a'ld some An)eriean man of war, 10 the " Yorklown," to swear to my statement. Q. Was the statement sworn to i)v you written (jnt hv theCaptiiin of the "Kiishr' A. Yes,'sir. t^. Is the statement of artidavit now before tlie Disti'ict Attorney the one signed by yon? A. Yes. sir. (.j). Is it not true that this statement was sij^ned witiiin a day or two after the .seiznii.' A. I can't exactly siiy liow many d.iys: it was more tiian mie or two days. y. Was it within a week afterwards? A. I guess it was about a week afterwaids. 20 Q. Is it not true that yesterday afternoon, before the commencement of this examination, you were taken to a private room, and this .'^ame atti'lavit was read to you? Objected to as innnaterial and not piojier cross-ex- amination. A. Well, 1 do not know if it was a private room; it was up in Mr. Johnson's office. Q. Was the Cajttain of the "Corwin" present at the same time? A. No, sir. (,). Is not your testimony here to-day guided by the fact 30 that tills affidavit was read to you yesterday; A. Yes, sii-. KeDIRECT EX.XMIXATION: Q. State wiiat you mean by your last answer in your cross-examination? A. .My statement tiiat I gave Cap- tain Coulson in Onalaska was read to me by Mr. Johnson in his office. t,). Did the fact that the aflidavit was read to you yes- terday make any difference in your testimony as given to-day? A. No, sir. t^. Did you know what was in tiie affidavit before you 41^ signed it for the Captain of the " Rusli "? A. Yes, sir. Q. Did Captain Coulson or any other person put vou in fear of punishment, or oft'er you any reward to induce you to sign the affidavit? Of)jected to as immaterial. A. No, sir. Q. May not the Captain of the " Winifred" have paid for the merchandise received on board at Tonki Bjiy and you not have known it? A. The coal and potatoes we got I heard the Captain of the " Venture " told he would 50 make him a present of. CONli. NILLSEN, Cook. Sworn to and subscribed before me in the day ;ind at the i)lace and between the hours aforesaid. K. C. l{0aER8, U. S. Commissioner. Collector E. T. Hatch, recalled for further examination by plaintiff. ^ Q, As Collector of Customs for the District of Alaska, are all deputy Collectors for said district recjuired to and do they report to you the entrance and clearance of, as well as all jirivileges extended to, vessels entering at any port in the District? Objected to as in)material and not the best evi- dence ^i^ft 361 (Exhibit No. 1!> U. S.) I' A. They are so required, and do so report. Q. How often? A. As often as once each month. H Q. Have you received such report from each deputy Collector for the month of June, isjtii? Same objection. A. Yes, sir, 1 have. Q. Do any such re|)oi'ts show the entrance or clearance loof the British schooner " Winifred " at any port or place in the District of Alaska? Same objection. A. Tliey do not. Q. Did the master, G. M. 0. Hansen, of the schooner "Winifred" obtain any special permit from you or any deputy collector for tlie Distiict of Alaska, to unlade or take in cargo at Toiiki Bay in the month of June, l.S',t2? Objection as incompetent and not the best evidence. A. No, she did not. 20 Q. Did tlie British schooner '• Venture," oi tie master thereof, report to you or any of youi' deinitios or obtain permission to unlade cargo in Tunki Bay in June, 1S!»2? Same objection as last al)uve. A. No. Cross kxamisation: Q. Will you please state what goods, merchandise and stores, found upon the sciioonei' " Winified " at the time of seizure are subject to the payment of duties, doing so from the inventory and appraisement tiled in this cause? 3° A. On one box of biscuit, two mats of rice, three sacks of beans, five sacks of flour, tbiee boat compasses, two cases of canned corned beef ;\ tm matclies, keg sugar, twenty thousand gun wads, two hundred and thirty ^il cartridges, eight thousand primers, four riHes and six shot guns, at least on the above enumerated articles. Q. Have you i)ersonally seen or inspected the articles comprising the cargo of the steamer "Winified" and enumerated in the above appraisement? A. I have seen the articles and made a casual inspection of the same. 40 Q. Are they not the ordinary and usual supply of stores for schooners of like charactei', out on a sea voyage, ex- ceptiiig the seal skins? A. Probably they are such as are used on a sealing sclioouer, but vessels with breech load- ing rifles are prohibiteu lorn coming into the waters of Alaska exceiit under bond. EDWIN T. HATCH, Collector of Customs. Sworn to and subscribed before me in the day and at the 50 place and between the hours aforesaid. R. C. ROGERS, U. S. Conunissioner. Conrad Nillsen recalled fur examination. Q. I understood you to say on direct examination that you were the cook on board the " Winifred," at the time she lay in Tonki Bay, and also at the time of her seizure. Is this true? A. Yes. Q. As such cook you may state if you know what was the condition of the fresh water supply of the " Wini- ^fred " at the time she entered Tonki Bay? Objected to by plaintiff as improper cross-examina- tion. A. Yes. Q. What was the condition of the water supply? A. (Exhibit No. 19 U. S.) We had not more than enough for two days before coming of fresh water in Q. Did the "Winifred'" get a supply after going into Tonki Bay? A. Yes. Q. Was the nliip's supplies, and all the cargo, except the seal skins found on board the " Winifred " at the time of her seizure, tlie actual and necessary ship supplies and lo stores for her crew for a voyage? Objected to by plaintiff as incompetent and im- proper cross-examination. A. Yes. sir. Q. During the time that the "Winifred" was out on her sealing voyage dnrintr the year ls92, did she carry any cargo for the purpose of sale? The same objection by the plaintiff as last above. A. No, sir. CONR. NILLSEN. 2° Sworn to and subsciibed before me in the day and at the place and between the hours aforesaid. R. C. ROGERS, U. S. Commissioner. By stipulation of the respective counsels, adjourned un- til S\aturday morning at 9.30 Sept. 24-, 1892. Met pursuant to adjournment. Parties present. Examination closed. I, R. C. Rogers, the hereinbefore named Conmiissioner, 3° by virtue of said order as herein stated, and hereto an- nexed, do hereby certify that I was attended at said U. S. District Court Room by C. S. Johnson. Esq United States Attoiney appearing for the plaintiff and by H. H. A. Hastings and Willoughby Clark by proctors in Admiralty, appearing for said defendant, her tackle, cai'go, etc., and the said witnesses to-wit: F. D. Dodge, E. T. Hatch, C. L. Hoopei', W. Kerr, 1). Pijier, C. Norland, C. Nillsen, who were of sound mind and lawful age, and by me duly sworn, and their examination reduced to writing, and '*°tbat each and all of said witnesses their respective deposi- tions were read in the conclusion of each of the same for such amendments and corrections as each of said witnesses desire to make, and that said depositions were subscribed by them in my presence in the day or days and between the hours, and at the place in that behalf aforesaid. I do further ct^rtify that I am not coun.sel, nor attorney for either of the parties to the suit in controversy, or in any way interested in the event of said suit. In testimony whereof Ihave hereunto set mv hand and official seal this 5° 24th day of September, 1S92. R. C. ROGERS, U. S. Conmiissioner. District Court. — Distiict of (Endorsed t- Alaska. -No. M4.').- - I'nited -U. S States r.s. Schooner October 12, 1892. Winifred."— N. R. Peckin- 'rcstinioiiv. — Filed l»augh. Clerk. In the United States District Couit for Alaska, in Admiralty. 6o The Unitvd States r.s. The Schooner " Winifred," her boats, tackle, a])parel. furniture and cargo. Whereas, upon the trial of t\u- above cause the testi mony of several witnesses and certain documentary evi the District of No. ur>. stipulation. a**r;. 863 (Exhibit No. 19 U.S.) dence and papers pertaining to the above named schooner and to her cargo, or portions thereof, are or may be mate- rial to the issues involved herein; and Whereas, the said several witnesses and the said docu- mentary testimony are all within the Province of British Columbia, Dominion of Canada, and outside of the juris- diction of this Court, and outside of and beyond the reach loof its processes: and whereas, the bringing of said wit- ness'is to the place of the trial of this cause at yitka, Alaska, involve gi'eat and uiuiecessary hardshij) and expense. Now, therefore, it is liereby stipulated and agreed by and between the parties hereto tliat the Hon. Levy W. Myres. American Consul for the Port of Victoria, British Columbia, Doniiniou of Canada, be and he is hereby designated and appointed as a Conuiiissioner, with full power and authority to take, or cause to be taken, and reduced to wi'iting in the form of 'O depositions the testimony of any person or persons who may be prf)duce(l before said Comujissioner upon their several oaths or aifiinations, at the City of Victoria, in the Province of British Columbia, Dominion of Canada, and to receive and identify, ..nd return with said deposi- tions all such documentary evidence or papers as may be produced and offered by either party hereto at the time of taking such testimony. That the said testimony may be taken by said Conunissioner at such time and" place in .said city of Victoria as may be designated by him, after 30 giving reasonable notice by mail to the respective parties hereto, and allowing sufficient time for them to be present at such hearing or such times at the office of said Com- missioner in said city of Victoria as maybe fixed by agree- ment of the parties hereto. That the said Conunissioner shall reduce all the interrogatories propounded to the sev- einl witnes.ses, and ail objections thereto, and all the ansvvei's of the several witnesses to sue!) interrogatories, to writing or cause the same to be taken down in shorthand by a clerk or stenographer and transcribed and reduced to 40\vriting in English, and thereufion cause the depositions of each witness to l)e read over to oi' by su(;h witnt'ss and signed by him in the jjresen 'e of said Conunissioner. and shall cause all ott\'rs of documentary testimony, •uid all objetitions thereti . to be reiluced to writing, and such doi'umentary testunony !o be identified, and shall upon the conclusion of the tnkiug of said testimony cause said depositions and exhibits to l)e authenticated by jiim over his signature and .seal and be duly transmitted in sealed enveloiie addressed to tiie Clerk of the District Court of SOflie Territory of Alaska, at Sitka, Alaska. The respective parties hereto shall b(> entitled to be present by the resijective pinctors or counsel and i)ro- pound interrogatories to the several witnesses, or propose objections thereto, and to produce and offer any docu- mentary proofs or papers or propose objections thereto. All objections to the manner of the taking and return of said testimony are hereby waived, but it is not intended hereby to waive any objections to the competency or mateiiality of any of the testamentary or doc\unentary ^° proofs whicli may be I'eturned by said Commissioner. This stipulation shall be sutticient evidence of authority in said Commissioner to take said testimony, or cause the same to be taken before him in the manner herein pro- vided, and this stipulation accompanied by a commission svhich mav be issued by said Court to said Commissioner m 364 iv (Exhibit No. lit U. S.) shall be full warrant and authority for so taking said testimony. Dated Sitka, Alaska, the l!tth dav of September, 1892. C. S. JUHNSON, United States District Attorney for the District of Alaska. HUGHES, HASTINGS & STEDMAN, Proctors for claimant. C. S. Spring. '° It is further stipulated and agreed by and between the respective parties hereto, thattl;e taking oi' said testimony shall be begun on the iiath day of Novembei', isjt^, or as soon thereafter as the mail steamer from Alaska shall arrive, in the latter part of said fuoiith. and shall be con- tinued from day to day until the same shall have been completed. Dated Sept. iJtti), \s\)-2. C. S. JOHNSON. U. S. Attv. for Plaintiff. ' HUGHES. HASTINGS & STEDMAN. Proctors for (.'has. Spring. I hereby approve (lie foregoing stipulations. Done at Chambers at Sitka. Alaska. Septeniher 2:2. isjt^. WARREN TRUITT, U. S. Dist. Judge. 3" In the United States District Court for the District of Alaska. In Admiralty. The United States 1 rs. 40 The Schooner " Winifred," her boats, [-No. ;U,"). tackle, apparel, furniture and | cargo. J Tiie President of the United States of America to the Honoral)le Levi W. Myers, American Consul, duly commissioned, and resident at the Port of Victoria, in the Province of British Columbia, and Dominion of Canada,— Greeting: Know ye, that we, in confidence of your prudence and fidelity, have appointed you a Commissioner, and by these j)resents do give you full jjowerand authority to diiigt^ntly examine, or cause to bo examined, before you, upon tneir several corporal oaths or affirmations, before you to be taken and ujion such interrogatories and cross-interroga- tories as may be propounded by the proctors or counsel of the respective parties lierein at such examination and hearing before you, such witness or witnesses as may be -o produced by (iither party before you at said hearing, in a certain cause now pending and undetermined, in the Dis- trict Court of tlie United States in and for the District of Alaska, wherein the United States is libelant, and the schooner "Winifred," hei' boats, tackle, ai)parel, furni- ture and cargo is respondent, and Charles Spring, in the Province of Britisii Columbia, and Dominion of Canada, is I'espectively. inteivcnor. And we do hereby leiiuire you. the said Levi W. Myers, to reduce or cause said testimony to be reduced to writing 60 and to receive and cause to be ])roperly identified, and at- tached to said testimony, such documentary evidence as may be offered at said hearing, in accordance with the stipulation hereunto attached, and made a part of this commission, and. u]iiin the conclusion of the taking of said testimony, to close the same up under your hand and 1'"^ " 'in y (Exhibit Nu. lit U. S.) seal, directed to N. R. PockiiipauKl), Cl.'ik of the United btntes District Court in and for the District of Alaska at oitka, in the Territory of Alaska, as soon as may be con- venient after the execution of this commission;' and that you return the same, when executed, as above directed with the title of said cause endoised on the envelope Witness, the Hon. Warren Truitt, Judge of the United lostates District Court for the District of Alaska, this 22'] day of September, in tlie year of our Lord one thousard eight hundred and ninety two, and of our independeme the one hundred and seveiit'entli. N. K. PECKINPAUGH, [r.. s.] Clerk. (Eudorsed)-No. :U5.— United States District Court. Dis- trict of Alaska. — United States rs. Schooner " Wini- fred."— Stipulation. HuGHKs, Hastings & Stedm.^x, Attorneys foi' 20 ^ In Admiralty. No. In the District Court of tlip United States for the District of Alaska. United States of America, ] Libellant, ! vs. The Schooner "Winifred," her boats, tackle, api)arel, furniture 30 and cargo. Respondent. Pursuant to the stii»uIatioi) and commission issued to me, Levi W. Myers, Ameiican Consul at the port of Victoria, which stipulation and commission are returned herewith, the following witnesses hereinafter enumerated came before me and gave their testimony, on f/iis -I'th dan (\l October, ls!>2; and thereupon F. P. Dewees, Esq appeared for the United States, and E. C. Hughes, Esq.', appeared for the respondent, and it was agreed hetweeii 40said parties, by their respectiv(> counsel, that the pro- visions in said stipulation as to the time of taking the testimony herein be waived, and that the taking thereof proceed forthwith. And thereupon, Chakt.ks Spkixg. a witness on behalf of the respondent, being first duly sworn, testified as fol- lows: By Mr. Hughes: Q. state your name? A. Charles Spring. Q. Where do > on liye? A. ^■ictoria. British Columbia 50 (j). How long have you lived there? A. All mv life. Q. Are you the owner of the schooner " Winifred " ? A I am. Q. Is she a British schooner? A. She is a British schooner. Q. Registered at the Port of \'ictoriaf A. Yes, sir. Q. What kind of a schooner is she; A. A vessel of about 13 tons. Q. When did she clear from the port of Victfkrui, or about vyhen, last winter? A. During the month of March. 60 Q. What kind of a voyage was >lie hound on; A. Fish- ing and hunting. Q. Did she carry anything hut hci necessary supplies and hunting outtitf A. Not hi njj else. Q. Was she bound to (he United States or Alaska or any port thereof? A. Nn 36(! (Exhibit No. 1!» U. S.) Q. Did she clear for the North Pacific Oceans A. North Pacific Ocean is where she deaiod for. Q. Who was lienaptaiiW A. Capt. Hansen. Q. You know notliinj; i)ersonaliy about the seizure? A. No. Q. Did you ever autiiorize ('apt. Hansen to load or un- load anything into the L'uited States? A. No, sir. lo Q. Or take anything into the United States? A. No, sir. y. Did you ever give any instructions as to receiving or transferring anything witiiin the limits of the waters Ot the United States? A. No. Q. Did you know anything about the fact that he trans- fered tiie skins or any skins at Tonki Bay from your own j)ersonal knowledge? A. No more than fro n the fact that they arrived here, so (hey must have been transferred up there somewhere. 20 t^). These skins arrived bcre? A Yes, sir. (). OnwhatlM.at? A. Onthe"Kate." Q. You only know by learning since the fai t of the seizure what tlie raus(> was^ A. Ye^5, .sir. (,). Did you ever direct ('apt. Hansen to transf* • or un- load anything at Toiiki lUiy? .\. .\'o. (.^. In doing so, then, he did it without any directions or instructions from you; A. Yes, sir. I would like to niaki" one correction in r<'gard to the tonnage of the '• \Yinifred." I was thinking of the "Kate." The 30" Winifred " is oidy 1:'. tons. .•Vnd i am (uanaging owner — one of three, of the " Winifred." Q. The " Kate '" has a tonnage of tio tons' A. Yes, sir, about that." iTestimonv of witness closed. ) C. SPRING. Signed befori' nif this nth day November, A. D., 1m'j2. Witness mv band and seal of the Consulate at Victoria, B. C. LEVI W. MYERS. 40 Consul at Victoria and Commissioner. In the United States District Court for the District of Alaska. In .Admiralty. The United States 1 r.s. The schooner " Wiaifred,'" her !- No JUa. boats, tackle, apparel, fuiiii- \ ture and cargo. ] I, Levi W. Myers, American Consul at the port of Vic- Sotoria, in the Province of Britisli Co'unibia. do hereby cer- tify that, in pursuance of the stipulation and commission hereto annexed and returned hen with, and by virtue of the ]iower and autiiority therein jonferred upon me. I did on the 27th day of October, IMi^, cause the witness here- inafter named to appear before me and give his testimony herein, at the rooms of The Board of Trade, in the City of Victoria, B. C. and at the said time and place there was present as counsel on behalf of the United States, F. P. Dewees, p]sq., and as coun.sel on behalf of the resf)ondent Co and intervenor, E. C. Hughes, Esq., and I do further cer- tify, that I did cau.se the testimony of said witness to be taken down in writing by stenographers by me duly sworn, faithfully to report and transcribe said testimony; and that thereU|)on Charles Spring, after being duly sworn to testify to the truth, the whole truth and nothing but :U'.7 (Exhibit No. lit U. S.) the truth, did give his testimony on behalf of the respond- ent and intervener. And I further ceriily that the foregiing deposition of said witness heieinabove named was thereuj^n tran- sciibed and read over by the said witness in my presence, and by the said witness suh.scrihed to before me. And I further cei'tify liiat the foregoing deposition of lothe said witness constitutes the whole testimony so taken Ijefore nie in pursuance of said commission, and that the same is hereunto attached and returned herewith. In witiu'ss whereof, I have hereiuito subscribed my name and affixed my consular seal at liie port of Victoria. Province of British Columbia, this itlh day of November, iMf-'. |i- «• I Levi W. Myeks, U. S. Consul and Commissioner. (Endorsed)— United States Consulate at Victoria, B. C — The t'nited States vs. The Schooner "Winifred," her boats, tackle, apparel, furniture and cargo.— N. R. Peckiupaugh, Esij., Clerk of the U. S. District Court in and for the Dist; ,ct of Alaska, Sitka, Territory of Alaska.— Filed Nov. l!»th, 1MI2.— N. K. Peckiupaugh, Clerk. — L. S. 20 And on Novendier IJtth, ls)ti>, the following further pro- ceedings were iiad and appear of record in said cause, which are in words and figures following, to-\vit: The United States 1 c.s. - No. 345. Schooner " Winifred," e< «/. ) Comes now the United States Attorney and presents in open Court the account of R. C. Koger.s, duly apitointed Commission .r to take testimony in said cause for taking and certifying depositions therein in the sum of !?.'{(». oO. And the Court being sufficiently advised, it is ordered that the said account l)e and the same is hereby approved 4°an ;■ 111 (Exhibit No. !!• U. S.) flio United States District Court for the District of No. ;ur). Notice. 10 District Court Alaska. The United States vs. Tlie Sciiooner "Winifred." To K. C. Huf^iitis, Proctor fur defendant and claimant and to said defendant and claimant: Vou arehereliy notiticcl that the United Stales Attorney fo!' |)laintitf in the aliove entitled canse, will move said canse for trial in said Conrtat Sitka, on the tith day of Fehrnaiy, ls!t4. at 11 o'clock .\. M. of said day, oi' as soon thereafter as counsel (;an he heard, and that tlu- same will he snhmitted to the Court upon the depositions and proofs on tile in said cause. C. S. JOHNSON, r. S. Atty. for Plaintitf. 2o+, the following further proceed- 50 ings were had and appear of re(;ord in said cause, whicli are in words and figures following, to wit: United States | r.v. I Schooner " Winifred," her J- No. ;545. boats, tackle, apparel, | furniture and cargo. j And now on the ist day of March, l>i!»4, this cause coming on to be heard in open Court, said libelant appears 6obyC. S. Johnson, United States Attorney, and there being noattorney or proctoi- present for said defendant and claim- ant, and it appearing from the recoid and files in said cause that E. C. Hughes, Esq., heretofore appeared and filed as proctor the claim of Charles Spring as managing owner of .said vessel, her cargo, etc., and also an answer :?70 1 Hi': III (Exhibit No. lit U. S.) to the libel of information filed herein, and the testimony havin}^ been taken, reduced to writing and filed in this Co\irt, and notice having been given to said E. C. Hughes, proctor foi' cliiiniant that said canso would bo moved foi" trial on the t>th day of February, IH!t4, or as soon there- after as proctor for liiielant could be heard, on motion of C S. Jolnison, proctor for libelant, said cause is this day ID submitted to the Court for consideration and decision upon the record and evidence filed herein. And on April L'ti, l.si)4, the following further proceed- ings were had and apjiear of record in saiil cause, which are in words and figures following, to '-.it: United States 1 Schooner "Winifred,"' iier bjats, tackle. '^^^^ •'■*•"'■ apparel, furniture m'kI cargo. J ^° The decree heretofoi-e entered March 1st, lSit4, directing the issuance of rciiilifioiii c.i'poiKis if cause is not ap- pealed, will issue. No appeal having been prayed and perfected within tlie tim*,' allowed by law. The U. S. Marshal for Alaska will sell said schooner "Winifred," her boats, tackle, a|»parel, furniture and cargo, after giving notice as is usual in such cases, by pub- lication within thirty days from the date hereof, at the town of Sitka. 30 In the District Court of the United States, for the District of Alaska. United States 1 vs. I The sclu)oner " Winifred," her }■ No. boats, tackle, apparel, furni- i ture and cargo. J 'U'>. The President of the United States of America, to the Marshal of the District of Alaska, Cireeting: 40 Whereas, a libel hath been filed in the District Court for the District of Alaska, on the IJtth day of August. IW2, by C. S. Johnson, United States Attorney, foi- said District, against the schooner "Winifred," her boats, tackle, apparel, furniture and cargo, for the reasons and causes in said libel mentioned, and praying the usual pro- cess and monition of the said Court in that behalf to be made, and that all persons interested in said schooner, her boats, tackle, apparel, furniture and cargo, may be cited in general and special to answer the premises, and all pro- 5oceedings being had that the said schooner, her boats, tackle, apparel, furniture and cargo may for the causes in the said libel mentioned be condemned as foifeited to the use of the United States, and praying that the same be condemned and sold to answer the prayer of the said libelant, and whereas the said schooner, her boats, tackle, appaiel, furniture and oargo had been attached by the process issued out of said District Coart in pursuance of said libel, and are now in custody by virtue thereof and such proceedings had been thereupon had that by a 60 definite sentenco and decree of said Court and pronounced on he Ist day of March, and an order of sale of said Court in this cause on the 2()th day of ^\.pril, 1894. the said schooner " Winifred," her boats, tackle, apparel, furniture and cargo, and all property found upon or appertaining to said made 1894, made :t7l Jlecoived this L'tJlli diiv of April. A. LOUIS I;. 20 (Exhil.it No. lit U. S.) stliooner. to he sold by you the said Marshal, at Sitku, in said District, nftur having niveii not less than fifteen days' notice by publication in a newspaper, printed and published at Sitka, in .said District, and that you pay the proceeds of said sale to the Clerk of this Court as requiied by law. Now, therefore, you will execute said decree and order lOand return this writ and report the manner in wiiich you have executed this order to tiiis Couit. Witness the Honorable Warren 'I'lMiitt, .Jud^e of .said Court at Sitka, in said District, tiiis tlio W\h dav of Anril, 18!>4. CHAHl.KS D, KOdEFtS. iL. H. I Clerk. I). I«!t4. WILLIAMS, IT. S. Marshal. By W. H. Mt NAIK, Deputy U. S. Marslial. United States, Disti'ict of Alaska, ss. : I, Louis Ij. VV'illianis. U. S. Marshal within and for the District of Alaska, hert^by certify that the within writ of Vi'iiditiinii c ijxiitii.s was leceived l»y nie on the 2tith day of April, inid on the I'Sth day of April I gave no- tice of the sale of the schooner "Winifred," her boats, tackle, apparel, furniture and cargo to be sold May 2S, 30 18(t-t, by advertisement in tile ^l/((.s7iYf Ifcnihf, a weekly newspaper printed and published in the Town of Sitka, in said District of Alaska. And I further certify that in o!)edience to an order of the U. 8. District Court within and for the District of Alaska, made and entered of record on the ItHli day of May, 1894, I now hereby return this wi'it of vi'iiditioni vxpoiius not executed. Dated Sitka, Alaska, May 21, is!t4. LOUIS L. WILLIAMS, U. S. Marslial. '^° ( Endorsed )—Xo. :i4.5. -District Court of the U. S., District of Alaska. — United States r.s. Schooner " Winifred " ('/ f»Z.— Writ of vcnditiimi cxpoH^s. —ReXumeA and filed May "21, I8it4.— Charles D. Rogers, Clerk.— Louis L. Williams, U. S. Marshal. And on May 1!», I8!>4, the following further proceedings were had and appear of record in said cause, which are in words and figures following, to wit: SO United States "I Schooner "Winifred," her boats, \^^- ^*^- tackle, &c. J The r<'ud/7io///e.»7>oncf.s heretofore issued in this cause will be returned instanted by the Marshal, and he is di- rected to return the same not executed, and returned by order of this Court. The order heretofore entered directing the issuance of (5Qsaid writ is vacated and for nothing held. ir IMAGE EVALUATION TEST TARGET (MT-3) // ,th day of August, 1892, by C. S. Johnson, United States Attorney for said District, against the schooner " Winifred," her boats, tackle, apparel, furniture and cargo, for the reasons and causes in said lil)el mentioned, and praying the usual pro- cess and monition of the said Court iii that l)ehalf to be made, and that all persons interested in said schooner, her boats, tackle, apparel, furniture and cargo, may bt ^° cited in general and special to answer the premises, and all proceedings being iiad tiint the said schooner, her boats, tackle, apparel, furniture and cargo may for the causes in the taiul libel mentioned be condemned as for- feited to the use of the United Slates, and praying that the s;ime be condemned and sold to answer the praver of the said libelant, and whereas the said .schooner, her boats, tackle, apparel, furniture and cargo hath been attached by the process issued out of said District Coui-i, in pursuance of said libel, and are now in custody by virtue thereof 3° and such proceedings hath been thereu|K)u bad that by a definite sentence and decree of said Court niade and pronounced on the 1st day of Maic!i, 1MI»4, and an order of sale of said Court in this cause made on the l.")th day of June, lHi»4, the said schooner "Winifred," her boats, tackle, apparel, furniture and cargo, and all i)roperty found upon or appertaining to said schooner, to be sold by you, the said Marshal, at Sitka in said District after having given not less than fifteen days notice by publication in a newspaper ])rinted and published ■^°at Sitka in said District, and that you pay the proceeds of said sale to the Clerk of this Court as required by law. Now, therefore, j-ou will execute said decree and order and retui'u this writ and report the manner in which you have executed this order to this Court. Witness the Honorable Warren Truitt, Judge of said Court at Sitka, in said District, this the IHth day of June, 18}>4. CHARLES D. ROGERS, [L. s.] Clerk. The within writ of venditioni exponas was received by me at Sitka, Alaska, this 2oth day of June, 18'.»4. LOUIS L. WILLIAMS. United States Marshal. By W. H. McNAIR, Deputy Marshal. United States, District of Alaska, ss. : I, Louis L. Williams, United States Marshal, within and for the District .»'/)0(/(r.'«.— Returned and filed July 20, 1894.— Phailes D. Rogers, Clerk. ;o I^* 87 J (Exhibit No. 19 U. S.) District or Alaska, U. S. Marshal's Office. Sitka, Alaska, Octol)er. 11, lSft4. In obedience to and by virtue of the command of the annexed writ to me directed, and after giving due and legal notice oT the time and place of saleasdirecte 30 United States 1 vs. The schooner "Winifred," her boats, tackle, apparel, furniture and cargo. J The President of the United States of America, to the Marshal of the District of Alaska, Greeting: \ hereas: A libel hath been filed in the District Court for the District of Alaska, on the lt)th day of August, 1H<.)2, by C. S. Johnson, United States Attorney, for said Dis- trict, against the Schooner " Winifred," her boats, tackle, apparel, furniture and cargo, for the reasons and causes in said libel mentioned, and praying the usual process and monition of the said Court in that behalf to l)e made and that all persons interested in said schooner, her boats, tackle, apparel, furniture and cargo, may be cited in gen- ,0 eral and 8i)ecial to answer tlie premises, and all i>roceed- ings being had that the said sc-liooner, her boats, tackle, apparel, fiirniture and cargo may for the causes in the said libel mentioned be condennietl as forfeited to the use of the United States, and praying that the same be con- denmed and sold to answer the i)rayei' of the said libelant, and whereas the said schooner, her boats, tackle, a,)parel, furniture and cargo hath been attached by the process is- sued out of said District Court in pursuance of said libel, and are now in custody by virtue thereof and such pro- 50 feedings hath bt>en thereupon had that by a definite sentence and decree of said Court made and pro- nounce 2»ith day of April, 1H!»4, the said schooner " Winifred," her boats, tackle, apparel, furniture and cargo, and all property found upon or appertaining to said schooner, to be sokf by you the said Marshal, at Sitka in said District, after having given not less than fifteen days' notice by publication in a newspaper, printed and pub- 6olished at Sitka, in said District, and that you imy the pro- ceeds of said .'iale to the Clerk of this Court as requii-ed by law. Now therefore you will execute said decree and order and return this writ and report the manner in which you liave executed this order to this Court. 374 No. 34'). Adniimlty. claimed in the above *2o.OO, $20.00. (Exhibit No. 19 U. S.) Witness the Honorable Warren Truitt, Judge of said Court at Sitka, in said District, this the Oth day of Septem- ber, 18!H. CHARLES D. ROGERS. [L. s.] Clerk. The within writ received this flth dav of September, 1H94. 10 LOUIS L. WnXIAMS, U. S. Marshal. By W. H. McNAIR, Deputy Marshal. (Endorsed I -No. 345.— Dist. Court ot the U. S., Dist. of Alaska. — United States vs. Schooner " Winifred."— Writ of }\'nditioni Exponas.— Fileii Oct. 11,1894.— Charles D. Rogei-s, Clei-K. In the District Court of the United States for the District 20 of Alaska. United States of America, Plaintiff. r.s. Schoonei' "Winifred," &c., Defendant. Statement of disbursements entitled cause, viz. : Attorney's fees. Docket fees, M'24 R. 8. 30 Total, District of Alaska, ss. : Lytton Taylor, U. S. Atty., being duly sworn, says he is the Attorney for the U. S., District of Alaska, that in the above entitled cause; that the costs ami disbursements set forth above have been fixed by law, »!S24 R. S., and that he is entitled to recover the same from the United States. LvrroN Taylor, U. S. Atty. (Endorsed; — No. 34.5. — In the District Court of the United 40 States for the District of Alaska.— United States, Plaintiff, is. Schooner "Winifred," Defendant.— Cost Bill.— Filed October II, 1HJ>4.— Chailes D. Rogei-s, Clerk. And on October 11th, 1894, the following further pro- ceedings were had and appear of record in said cause, which are in words and flgiires following, to wit: The United States of America r.s. 50 The schooner " Winifred," her 1- No. 345. tackle, apparel, furniture and cargo. In this cause Louis L. Williams, United States Marshal, appeared in open Court, and submits his actions for con- sideration by the Court, and it appearing from the return duly made and endotsed upon the writ of venditioni ex- ponas, heretofore issued in this cause, that the said Mar- shal has duly executed said writ, in that he did on the let day of October, 1894, at Sitka, in the District of Alaska, ^ after having given due and legal notice, sell said schooner " Winifred, her boats, tackle, apparel, furniture and cargo at public auction for the sum of $727.25 cash in hand, as directed by said writ. And now returns into open Court the sum of $.564.96 so realized after deducting the costs and expenses and his commissions accrued ana 375 •■^. (Exhibit No. I)» U. S.) paid therein in the sum of !^l«2.29, as approved by his ▼erifled account thereof. And it appearing that said sjile so made by said Marshal was in all thinf{s regular and in due conformity with the ^'irections in said writ, it is ordered that said sale be and it is iiei-eby in all things confirmed. And now comes Lytton Taylor, United States Attorney 10 and presents in open Court the following and duly veri- fied claims, for approval and allowance, in said cau.se to be taxed and paid as costs herein. Vi/: The claim of Lytton Taylor, U. S. Attorney. Dock<»t fee. Sec. «i824. Revised Statutes ijs^o (»<< The claim of Charles D. liogers, clerk of the U. S. District Court, for it lo Said sum being his costs accrued, and the further sum of ,•( (5.5 being one !»er centum foi- receiving, keeping and paying 2oout said sum of *r)«i4.!M'», paid into court. And the Court having inspected and examined said sev- eral claims, including the account rendered by the Mai-shal, in the presence of the U. S. District Attorney, and it appearing to the Court, from an examination of said claims and the evidence relating thereto, that the services in said claims chaiged for were actually and nec- essarily rendered, and that said charges are in all things reasonable and just. Said seveial claims and charges are hereby approved, 30 allowed and certified for the several sunis and to the sev- eral claimants and officers as follows, viz : Lytton Taylor, U. S. Attorney, docket fee.. *i'u 00 Charles D. Rogers, Clerk U. S. District Court 14 75 to he taxed as costs in said cause. And it is further oi-dei-ed that said Louis L. Williams Say to the Clerk of this Com-t the amount remaining after educting the amount of expenses, fees and commissions in said account charged and herein approved, allowed and certified, the sum of i?5('i.)»r>, to be applied by said clerk 40 as follows : Docket fee, Lytton Taylor, U. S. Attorney if(20 00 Costs, Charles D. Rogers, Clerk U. S. Dist. Court 14 75 Costs, N. R. Peckinpaugh, late Clerk U. S. Dist. Court 2 .50 Costs, Orville T. Porter, late U. S. Marshal 2 00 To the credit of the Treasury Department .525 7 1 $5(14 m SrrKA. Alaska, <;)ct. 15, lsi)4. 50 Received from Charles D. Rogers, Clerk, Five Hundred and Twenty-five & 71/100 Dollars, proceeds of sale of schooner "Winifred." 1625.71. BENJAMIN P. MOORE, Collector. 87fi (Exhibit No. 112.) Claim No. 15, " Black Diamond." EXHIBIT No. 118 (0. B.). CLAIM No. 15. Transcript or Register for Transmission to CHiBr Regis TRAR or Shipping. 10 Officii) Number of Ship. Nmiio of Ship. ' Blnck Dliinionil.' Ni)., Dale iiiil Port of R(|[litry. Port Number I6-8/I8A9. VIclorl*. B. C. I Nu., Dale and Port of previout Itegiatry (if any). No. Number, 20tli Juni-, 18C-S, Nanalnio, Whether liriliib Whether a Sailing or 2<^ or Fortign Kuilt. Steam Ship ; anil if a Steam Shlji, Ikiw pro- pelled. British. Railtnii Whore Built. Victoria. When Built Name and Ad- drera uf Build- er*. 30 Number of Uecks.iine. Number of .MnitcTwu. Rigged Schooner, Stern S<|Uaro. Build Carrel. Oallerie^ None. Head Straight. Framework Stem. Wood. Lenetli from fore part of stem, under the bowsprit, to the aft aide of thtt head uf the alern post Main breadth to outside of plank. Depth In hold from tonnage deck tn celllnt; at midships Depth in hold froni upper deck tu ceilin); at nild.hips in the case of three decks and upward* Length of er gine room, if any , . . Feet. Tenths. HI 17 No. of Tom. ■' Tin Griws Tonnage. • I'nder Tonnage Deck Closed ill spaces abore the Ton- nage Deck, if any . . . . ... Space or ^p■<■e• between decks. 40 Poop I Forecastle ; Knuiii! House I other closed in spaces, if any, aa follows: Gross Tiiiinage Deductioiio, as per Contra Registered Tonnage ^ I . i^o Deductioni AUoweil. On account of space required for propelling power On account of spaces occupied by Seamen or Apprenticea, and appropriated to their use, and kept free from goodi or stores of every kind, not being tlio |iersonal property of the crew These spaces are the follow- ing, viz.: No. of Tons Total l>eductions. 50 Name of Master, Oeorgc Rtidlin, rf Victoria. Names. K<'»i>lence, and Description uf the ) Owners, and number of Sixty-fourth > Sliarr» licUl by each, viz.: ) RiciiAiD BaoORicK, of Victoria, British Columbia, Merchant, Siity-lour (64) Shares. Ck) Date«l at Victoria, the aoth day of April, 186!>. Registrar W. HAMLEY. 377 (Exhibit No. 112.) Copy Transactions SuBSEguENx to Reoistky kor Transmission to Regis- trarOenerai. of Shipping and Seamen. Number of Tranaactions. 10 Name of Person from whom title is derived. Number of shares aHected. 1 Date of Registry. Nature and date ol transaction. Name, Residence and occupation of Transferee, Mori- gagee, or other person actpiiring title or power. 1 Richard Bred: i.k. 82 I July Idth, 1878, 12.80 I-. M. Mortgage dated 12th July, 1878, to secure pay- ment of a note |5,2AO.OO and in- terest due by Julius Frederick Einil Englehardt, 12th July, 1874. John Mount Thnin of N'ictoria, B. C. Mariner. 8 Jolin Mount Tbaio. \ 82 j July 10th, 1873. 12.85 i>. H. Transfer of Mort- gage A for ♦5,260.00. Josepli Despard Pemberton, of Vic toria,B.C. Genlle- mao. S 30 Richard Brodrick. 32 July 16th, 1878, I2.4S p. M. B Mortgage dated Francis Garesrhc, 15th July, 1873, of Victoria, B. (' to secure pay- Agent of Wells inent of a note Fargo ^ Co. for 12,60(1 due by Jjlius Fred- erick Emil Engle- hardt, 16th July, 1874. 4 Richard Brodriclc. .32 November 19th, 1878, 2.3U p. M. Bill of !Sale dated 8lh November, 1878. Alfred A.Green, of Victoria, B. C". Clerk. 5 40 A. A. Green. 32 Mar. 27, /79. Sill of Sale dated April 22, 1876. PeterDewarForl.es of Victoria, B. V. Contractor. « P. D. Forbes. 32 March 27th, /79. Mortgage C. for Henry Louis Tib 16,000, dated bala of Victorin April 2Srd, 1816. B. C. Wharfinger. 7 50 P. D. Forbes. S2 March 27th /7». Bill of Sale dated August 2 6th, 1876. Julius Frederick Emil Engleh&rilt of Victoria, B. C. Wharfinger. 8 R. Brodriclt. ; 1 1 82 March 27th /79. Bill of Sale dated 26th Sept., 1876. Julius Frederick Emil Englehardt of Victoria Wharf inger. 9 60 J. D. Pemberton. 82 March 27th, /79, Dischargeof Mort- gage A for *8,260. Kecipt. dated January 2 fl t h , 1879. 10 F. Fareschr. 82 March 27 /79. Discliargo of Mort- gage B. f o r •2,600. Recpl. dated S e p t r . 29th, 1876. »78 (Exhibit No. 112.) Number of Transitction). Nmno of I'itmii fruiii wliniii till« Is derlvfil. Nunilicr Diite of UeKlittry, ofithiirei ! ■HecUd. Nature anil lUte of tranuctiun. NHtno, Iti'niilencii mill iioi'ii|intlon of Tmnfi'ri'H. Mort- KKgw, iir iilher |ipr»in Hri|iiirin|{ title or piiwi'r. lO \% [0 II IS .1. T. E. Eniflu Imrill. »2 J. C. Bakea. n March 27 /7». March 27th, 187U. BUI of Sale ilatml l&th Ht'pt . I87tl. Miirli^age I) for |>A,Mhi. nnil Int. ilHti-illiUliSeptr., 1876. 20 30 IS .1. V. K. Engle- liiirill. 14 lli-nry I,. Tilil>iil-'. ITi .1. V. Kiijslfliaiill, 16 :i'^ March 27 /7i». BUI .>f Sale ilatad 2tltli Fel>., 1871). Jaiiio* CliMtiiev Haica of Victoria, U. l\ Wharflii Ift-r. The nrlllah Col. Iltnbin I liven I - tiipnt mill Loiiii Sofiuly, Viclnria. H. C. ■ Miiiila);uii W. Tyr- wln'tt Itriiki' iif VisKiriii, U. I'. •iarribtiT. Mur. 27 Ditrhni'Kf (if Mort- gage C for ♦ .'i.iiiiO. Itfcpt., ilnli'il °iT March, 187K. li> Miiy iilsl. Iti7'.'. Morlgngo K. for ji'.'.iMHiiinil IntiT- l'^t nt 1 "„ pi-r niiiiith, (lateil iiuth April, 1871*. The KriliHli Coliitn. Iiiii l.'ian >(' In. vi'wliiiftit .". for ♦.^,• ADOhiiiI liitjr«iil. Ui'CiM|it (Intcil 2lBt Dec, 188(1. 17 The Brilisli Co- luinbia Loan A Invfstnii'iit So- ciety of Virlorin, H. r. 16 Dec. 21 188", at 1 P. M. Dinchnrire of Mort- gage K. for ♦2,- III III (l Interest. Iteceipt ilateil 2 tut Dereinlier, 1880. 18 SO J. 1'. Kiiulchaiill, J. C. Hali'H. M. T. W. Drake 16 »2 16 Deo. ItlHt, I88II, Hill of Sale- ilaitl (;ili Coluiii bin. '2-1 .Iiirncs Hill Liiw- «4 .Iillin mill, 1884, Kill of »»\o iliiled •lo»«|ili (^lllllroH. «>ii, W i 1 1 i II III ril l.;il> 1'. M. '.Mil .liiiir. IM<4. of Viil iriii. 11 <'., 1 lioiiiiiK l.iviick, ClmrlvM S|iriii|{, joint owncrit. 30 2» JoHf|ili (^ladroi. 18 February 24lli, 1886,! Kill of Sule iIhUmI i llmiv llnxtoi Ii'.Sd A. M. Iillli .lamiiirv. | Viiiuri.i, li. INS'I. ' I .Miuiiii'f. 24 .luaepli ((iiadroa. ni Noveinbi-r 188N. Ill Sib, Rill of S'iiIb iIaIimI I .liiiiuiirv Hill. \snT.: 'i!i Henry Taxton. 40 2li .laeob (fiitlinann. 50 Morit)! Giilinann. 1» 114 November 8th, 1 888, at 10 A. M. iVovemlicr Kilb, 1888. at 10 A. M. Hill of siilu tianiiary 1888. lali'il hull. Uic.i in or about Hie Ul (lav of April, 1887," In lestnle. Lellei's of Adniinislrii- lion Kranli'il to Morit/ (■iitinnnn of Victoria, U. v., by llie Sii. iireino Court of iriiisli Coluinbin on the 2nr 12th, 1891, 12 noun. Bill of Sdu Derember 1891. dated loth. raclHc Sealing Com- pany, Limited, Head office, Vic- toria, B. C, (Exhibit No. ll-i.) NuillIxT lif Traninctliiii'' . 10 30 friiiii wliiiiii lillc \» ilvrlvvd, Niiinlwr of nllHri'K Hiri'vtvil, riii'ilii- Hi-iiliiiK I'll. Liil. :il ! I'niillf Si"iilin« Cu Lt ul trRtiKiictlon. MmtKHKH (IiiIimI Ki'bniarv 8 t li , ' |Nt)2, riir fl.lHH). N'min, KinUlauiu and ii «ri|iiirin;; lillt' ur |iowt'i-. Tlii-»|iliila Tiiiiiii' Ori'cii mill Kri'd- rrii'k llatiiiiii't WorliH'k, liolh of V'ctnrln, It, ('. Uniikur^i. .Iiiiiit I Si-|il. I»lli, IHit'.'. at 5Ii>rt|{ii)(e II.. iIiiIimI Thoiiiait Karlu, Mi-r- inSiiA. M. ^ .Sopt. 9lh, ^h\l•i, rhaiit. Vii-turia, I fiirTwii tliiiiitanil II. ('. Il.kllMta th*t fuuw Dullata (fJ.niHi) A iiitfrciit lit (4% |icr aiinuni. 30 40 50 »-i ».i TliPr. »S 38 Richard Hall. 21 January ISth, I89S, at 8.!I0 r. M. Dincharito of Mort- ' Orlando Warner, of t;ageC, Receipt j Victoria, H. C- dated ISth Janu- | Shipwright, ary, 1895. Isaac Archibald Mould. ■32 l»ecr. inth, 1895, at 1.20 r. M. Bill of Sale dated Irith Deer., 18'J5. Mary Logan Fulton, wife of Captain O. N. Fulton, of Onslow, Nova Scotia. S8 (aaac Archibald (tould. Orlando Warner. II 21 Deer. Ifith, 1896, 1.2U p. M. I Dill of Sale dated John Ed^ar Fulton, lath l>ecr., 1805. j Matter Mariner. Ontlow, Nova Scotia. Deer. ISth. 1895, l.SO r. u. Bill of Sale dated 16th Peer , 1895- John Kdgar Fultim, Ma.4tcr Murinur, Onslaw, Novu Scotia. 60 881 (Exhibit Vo. IIH.) EXHIBIT No. 118 (0. B.). CLAIM No. 15. Certified copy of Libel in proceediriKs in United States District Court in Alaska in cbhu of United States vs. "Black Diamond." Be it further renienibered that on the l«th day of Sep- tember, 1881», a Munition was duly insued in said cause. 10 which is in words and H^ures following, to wit: In the United States District Court, in and for the District of AhiHka. The Pi-esident of the United States of America, to the Marshal of the District of Alaska, (Ireetinj;: Whereas: A libel of information hath been filed in the District Court of the United States for the District of Alaska, on the 14th day of Septemlwr, in the year A. D. 188J>, by Whit. M. Grant, United States Attorney for the 20L)i8triot aforesaid, on behalf of the United States of America, against seventy six ("•0 fur seal skins and one (1) rifle, as forfeited to the use of the United States for the reasons set forth in the said libel of information, and pray- ing the usual process and monition of said Court in that behalf to be made, and that all persons interested in the said seal skins and rifle may be cited in general and special to answer the premises, and all proceedings being had, that the said seal skins and rifle may for the causes in said libel of information mentioned, be condemned as 3° forfeited to the use of the United States. You are therefore hereby ctmimanded to attach the said seventy-six fur seal skins and rifle, to detain the same in your custody until the further order of the Court, respect- nig tlie same, and to give notice to all persons claiming the same, or knowing or having anything to say why the same should not ne condemned and sold pursuant to the prayer of the said libel of information, that they be and appear before the said Court to be held in and for the District of Alaska, on Saturday the 28th day of Septem- 40ber, 188!», at 10 o'clock in the forenoon of the same aay, if the same shall l)e a day of jurisdiction otherwise on the next day of jurisdiction thereafter, then and there to in- terpose a clami for the same and to make their allegations in that behalf, and what you shall have done in the premi- ses do you then and there make i-eturns thereof, together with tills writ. Witness: The Honorable John H. Keatley, Judge of said Court, and the seal thereof affixed at the town of Sitka, in the District of Alaska, this 1«> day of September, 5° in the year of our Lord one thousand eight hundred and eiglity-niue, and of the Independence of the United States the one hundred and fourteenth. HENRY E. HAYDEN, |L. s.l Clerk U. S. District Court. WHIT. M. GRAiNT, U. S. District Attorney. (Endorsed)— No. 202.— In the U. S. Dist. Court, Dist. of Alaska.— United States vs. 76 Fur Seal Skins and 1 ^ Kifle.— Monition.— Returned and filed, Sept. 28, 1889. — H. E. Hayden. Clerk. i No. 2ar or record, which are in wohIh and flgnre.s foliowing. to wit: At a Htated term o! ihe District Conrtof the United States <:i and for th<> District of Alaska held at Sitka, in said District, on this 2Mth day of Sef.tenil)er, Ishk. I'resent - Tlie Hon. .Iohn H. Keatley, District J ndge. TliG United States | f.s. . 2o"*l Kur Seal Skins and One Rifle. ) This cause came on to he Iw-ard on ni«>tion of Whit. M. Grant. United States District Attorney, and it appearing to the Court that the monition had been issued herein ana the Marshal returned thereon that he had attached the 7H fur seal skins and one rifle and Kiven due notice as required by law that all persons claimiu); the sivine should appear before this Court at t«'n o'clock a. m. on this September 2Sth, issi), at Sitka, and then and there interpose their claims and make their allef^ations in that behalf, and at 30said time and date proclamation was duly made as re- quired by law, and no claim having been interposed or ap- pearance entere«l, or defence filed, it is therefore ordered that all persons interested in the said T(i fur seal skins and one rifle be adjudged in contumacy and default, and the libel of information adjudged taken f>rn coiifesso. And said cause having lH>en submitted to the Court upon the pleadings and evidence and the Court being fully ad- visf d in the premises, and having filed his findings of fact and conclusions of law herein. 40 It is therefore ordered, sentenced, and decreed by the Court that id 7o7. Fur Seal Skins. S 20 This cause came on to he heard on motion of Whit. M. Grant, United States Distri«-t Attorney, and it appearing to the Court that the monition had Inten issued herein and the Marshal returned thereon that he had attached the 333 fur seal skins and given d> irested in the said 33.'^ tr ^eal skins be adjudged in contumacy and default, tiud tlie libel of mformation ad- judged taken pro cohJ'csso. And said cause having l>een submitted to the Court upon the pleadings and evidence and the Court being fully nd- vised in the promises, and iiaving filed his findings of fact and conclusions of law hemn. It is thei'efore ordertni, st>nteiiced and decreed by the 40 Court that said 333 fur seal skins be and the same are, for the reasons set out in the libel of infor- mation herein condemned as forfeited to the use of the United States, and it is further ordered that the Clerk of this Court issue to the Marshal of this District the usual writ of vcinlitinni exftonus, conimanding him to cause the said 333 fur seal skins to Iks transfeired from his office at Ounaiaska to San Francisco, California, an«l there to sell the same. That he give at least lo days notice of the time and 50 place of said sales, and to pay the proceeds into Court, to te disposed of acci>iding to law. The Marshal is oi-dered to keep a separate and detailed account of all the expenses connected with said property, and where the expense is connected with other like prop- erty, he will apportion the i?ame and charge the above property with its share of the same separately, and report same to the Court with his reirart of sales. JOHN H. KEATLEY, Judge Dist. Court. 60 (Endorsed)— No. ;">7.— The United States va. 333 Fur Seal Skins.— Decree.-Filed September 28, 1889.— H. E. Haydon, Clerk. 384 10 (Exhibit No, 20.) United States Exhibit. EXHIBIT No. 20 (U. 8.), CLAIM No. 16. Certificate ok British Registry. Ship "Lily." Particulars of Ship. Official Number of Ship. 83,443. Name of Ship, " Lily." No., Date and Port of Registry, No. 1, March 15th, 1882; Victoria, B. C. No., Date an^ Port of previous registry (if any), Fii-st Registry. Whether British or foreign built, Foreign. Sailing, Where built. Essex, Mass., U.S.A. When built, 18.')1, Name and address of builders, un- known. No. <)f Decks One 20 No. of .Masts Two Rigged Scliuoner Stern Square Galleriea None Head Billet Franieworli Wood Length from fore part of stem, j under the bowspirt, to the I aft aide of the head nf att-rn ' poat Main breadth to outaide plank. Depth in hold from tonnage j deck to ceiling at niidahipa. i 73.5 21.2 7.8 Particulars of Tonnage. Gram Tonnage. 30 Tona. U ndt-r Tonnage Deck 67.16 In cloaures on upper deck 1 67 CirosB tonnage 68 76 Deductions, as per contra .... Registered Tonnage 68 . 76 Deductions Allowed. Tona. Nil. I, the undersigned Registrar of Shipping at the Port of Victoria, B. C, hereby certify that the ship, the descrip- 40 tion of which is prefixed to this my certificate, has been duly surveyed, and that the above description is true; that W. H. Dyer, whose certificate of Compotency or Service is No. , is the Master of said ship; and that the name. Residence and Description of the Owner and the Number of sixty-fourths shares held by him are as follows: Jacob Gutman, of Victoria, B. C, Canada, owns sixty- four shares. Dated at Victoria, B. C, the 2fith day of April, one thousand eight hundred and eighty-eight. (Endorsed)— I Hereby certify that John Reilly has been appointed Master of the within named ve.ssel. — Cus- tom House, Victoria, B. C— A. R. Milne, Col.— No. 2u7.— Filed Sept. 28, '8V>.— H. E. Haydou, Clerk. pTlUo 885 1890. Dec. SO. lO 1691. Feb. 2«. Ucli. 18 M»y 13 1890. Dec. I«. 20 1891. Jan. 12. 30 29. Mch. 20. 40 Mch. 26 . .SI. Apl. a . 50 20 2H. M»y I . 00 (Exhibit No. 115.) Olalm No. 26, '*Sayward Costs." EXHIBIT No. 116 (0. B.). CLAIM No. 26. Detailed Statement of Vouchers. Re " Say ward " costs. J. H. Clioetes. Retainer 12,000 00 .1. H. Cliuates. Counsel fee 28,000 00 127,000 00 C. Carlisle, ii c fees. $1,000 00 C. Carllnle, 2,000 no C. Carlisle. ft.dOO 00 C, Carlisle, Counsel fee 20,iiiio oo 29,000 00 DISUIRSEMKXTS AND K.XI'KNSKS OF CALl)KIU)N CARLISLE. Amount |iai(l for Mr. Sedyjewlck for telef;rain to Sir ,lolin Tlionipaon |I4 54 Telegrams to Depart nuMit of . I iistiee 19 fift Teli-Krams to A. I,. Uuljea, Vie., H. C 101 «4 Telegrams from Ok. 1.^7 08 Telegrams lojolin .\. Wri^lit, San Kranciseu 80 h4 Telegrams from Do. 27 17 .Miscellaneous telegrams 1 2 04 By paid R. O. I'olkinhnrn for piintini; Teti. tion, Suggestion and I'rt'liininnry lirlof: Voucher No. 1 268 85 iiy paid Ditto lor printing Brief in Reply and Additional Brief in Reply ; Voticner No. 2 240 70 By paid Ditto for printing Orders, Minutes, Rule and opinion of Court ; Voucher No, H . 6 BO By paid Oscar I.uclcett for special services to Mr. Sedgewicli, Mr. Clioate, and superin- tendence of printing; Voucher No. 4 240 00 By paid Wm. G. Johnson for special profes- aional services ; Voucher No. 5. 278 00 Expenses of self to, from and during stay at Ottawa ; Vouclier No. i! 78 00 By paid George R. Ferry (O. E. Ferey), Cap- tain of " Sayward," expenses of return journey to Victoria ; Voucher No. 7 185 00 Deposited with Clerk Supreme Court of the United States for costs; Voucher No. 8. . . 80 00 Refunded to (?has. Strauss amount deposited by him on docketing appeal with Clerk of Supreme Court of United States ; Voucher No. 9 25 00 MiKcellaneous ; Voucher No. 10 .. 8 05 Mr. Carlisle's expenses to New York ; Vouclier 1 26 00 By paid U. S. Coast «t Geodetic Survey for platting positions of "Sayward," from July 2 to 9th, 1887 ; Voucher" No. 2 '. 15 97 Ivxpenscs of Mr. Liickett to New Vork to ob- tain rt jasu from Chas. Strauss ; Voucher No. 8 17 »0 By paid Judd A Del .eiller for printing record of proceedings in District Court of Alaska ; Vchr 4 522 50 By paid Norris, I'elers A Co., for lithograph ing map ; voucher 5 80 00 By paid John A. Wright for professional ser- vices ; vouclier 6 260 00 By paid do. for expenses 4 00 Paid M. N. Stansbury for supervising print- ing of record of proceedings in Dist. Court; voucher 7 20 00 Paid H. 0. Polkinliorn for printing briefs; vouchers 986 OS Paid Judd A De'weiller for printing record on appeal ; vchr 9. . . , 56 00 Paid J. G Hodges, binding; vchr 10 54 75 Telegrama 7 44 Sundries, eT^preak charges, dc 12 90 S.897 77 h V i! t* (Exhibit No. 115.) Belyea A Gregory '■ Aecoont for 1890, taxed at tl.SOO 00 DeUili of Belyea A Oresory'i BUI of Cmta for 1890: 1890. Jany. fi. To amount advanced to Capt. Ferey on going to New York 1140 00 20. Toamount paid for typewriting documenta.. IB 75 Feby. 3 . Expenies of measenger to Naoaimo to catcli steamer for Sitlca 10 00 10 10. Ezpensea of measenger going to Sitka ; trani- porUtion 108 00 Board A general ezpenies, ditto AO 00 Paid Clerk of Court BO 00 868 76 Belyea & Gregory, foh cash ad- vances re "W. P. Sayward," ex- clusive OF AMOUNT advanced AS PER PREVIOUS STATEMENT, AND PAID. 1890. 2Q Dec. 26. To paid cnb liire delivering message to Mr. Belyea 60 Paid telegram to New York »•« " Sayward". . 8 00 1891. Jan. 2. Paid cab hire interviewing Judge Drake, Collector of Customs, M. Moss and Captain Warren l 00 Feb. 17. Paid cab hire to U. S. consul and boat to Sitka 2 00 18. Paid on deliverv of former telegrams 60 Paid Collector of Customs, Victoria, for forms for messenger to Sitka to expedite copying records 7 60 .QMar. 8. Paid teles;ram to T. H. Cooper 4 60 ^ Paid second telegram do 1 2S B. Paid cab hire twice to outer harlrar to Sitka steamer sending instructiunn to iiiessenger. 2 00 19. Paid U. S. Consul for taking affidaviU of J. D. Warren, & cab fare 6 26 24. Paid transportation of messenger to and from Sitka 102 00 Paid Clerk of Court at Sitka for certified copies of records (voucher) 166 00 Paid expenses at Juneau r< Delaney affidavit. 26 00 Paid expenses at Port Townsend 7 00 Paid expenses at Sitka and general expenses. 60 00 .- Apl. 14. Paid telegram from messenger at Washing- ^^ ton 170 27. Paid expenses paid by messenger to Wash- ington aa follows : Ticket to Chicago of the British North America Act, passed a statute. Number 44, intituled "An Act respecting Interest in the Province of British Columbia, which provided as follows: "1: In the Province of British Columbia, in all cases " where interest is chargeable or recoverable at law, or by 50 "any contract expressed or itnplied, or upon any judg- "ment of any Court in British Columbia, if the rate of "interest has not been agreed upon in writing, such rate "shall be six per centum per annum." "2: In all cases in which judgment is recovered upon "any contract in writing, in or by which interest at a "higher rate than six per centum per annum has been "agreed to be paid, the amount awarded by such judg- " ment shall bear interest at the rate agreed upon, not, "however, exceeding twelve per centum per annum." 60 This Act purported also to repeal the British Columbia Interest Ordinance of 1867, but by a clerical error the Ordinance repealed is stated to be Number 71 instead of Number 91, which was the Ordinance in question. The provisions of Chapter 44 of the Dominion Statutes were carried forward into the Revised Statutes of Canada, 880 (Exhibits Nos. 22 and 23 U. S.) 1886, under Chapter 127, from Sections 24 to 27 inclusive. In 1890 the Dominion Parliament passed another Stat- ute, Number 34, which repealed the section relating to interest in British Columbia contained in the Revised Statutes, Chapter 127 before referred to. By this means the only clause relating to interest in Chapter 127 was Section 2, in the following words: 10 "2: Wherever interest is payable by the agreement of " the parties or by law, and no rate is fixed by such agree- " nient or by law, the rate of interest shall be six per " centum per annum." In the case of the British Columbia Corporation v. Coughlan, reported in 3 British Columbia Reports, at page 273, Mr. Justice Drake held that the provisions of Section 2 applied to British Columbia by reason of the construc- tion to be placed upon the Interpretation Act, Chapter 1 of the Revised Statutes of Canada, 1886, Section 7, of 20 which provides as follows: "7: In every Act of Parliament of Canada, unless the " context otherwise requires, the enactment shall apply " to the whole of Canada." In the case of Reg. v. The Beatrice, Vol. 5, Exchequer Court of Canada Reports, p. 160. Interest at Q% was allowed against the Crown on the amount of damages assessed for the illegal seizure of the ship. EXHIBIT No. 28 (U. S.), CLAIM No. 1. 30 London, 30th October, 1889. Prompt, 13th November, 1889. AccoDNT Sales. Sold by oi-der & for Account of Messrs. Carne & Munsib, @ p. sale. Per ' ' Viva " & " Fremona. " ^- ^ ^- 13 Casks Salted Fur Seal Skins. Lot 20. 24 Middlgf. Fur Seal skins, @«1/. ea... 49 4 40 41. 611 Smalls " '• i\/. " .. 128 22/24. 190 Large pups " " 42/- " . . 399 26. 77 Mlddlg. '• " "47/- - .. 180 19 28. 77 "46/. " .. 173 & 27. 88 Small " '■ • 38/- " . . 167 4 28/29. 178 "88/. " .. 384 8 80/31. 141 Ex. Small " "31/- " .. 218 U 32. 18 Large pups " "29/- " .. 18 17 10 Mlddlg." " "29/. " .. 14 10 18 Small " " " 29/- " . . 23 4 1,702 2 872 Di8count2i°^ 42 11 I 50 1,669 10 II Si-pt. Srd. Freight on 58 Cks. £162 Int. 31/6 . 163 116 Dock charges it Cartage on 58 Cks 7 16 4 Telegrams, Ac 2 18 8 Landing charges 190 Housing <& striking.. . 872 (w 3/9 p. 100 1 12 8 • riling awav to sorter. . 872" I/IOJ " |6 4 Weighing fur average.. 200 " 2/tf " 5 Ceasing for assortment. 872 " i/^ p. 120 18 3 Counting at delivery.. 872 " 1/3 " u 1 Rent on 872 @ 6 p. 1x0 p. wk., 10 weeks . . 1 16 4 Stowing for p. sale, mens time 1 46 <5o 182 « A Allowance 20% on £7 2 1 8 5 180 18 1 AasnrKng for sale, 672 @ 6/2| p. 100 2 55 Public sale charges, advertising, Ac, 13 lots ® 8/6 2 5 6 Fire Insurance 4 51 Brokerage, 2^ per cent 42 11 1 232 5 S X1,427 6 9 390 (Exhibit No. 24 U. S.) Ex. "Viva." Sales of 30th Oct., 1889, in London, by Culverwell's. 872 Sealskins netted, after deducting all London chaiees and Ocean and Railway Freight, £1,427 5 9— @ 4. 84 - $6,908.07 -f- 872 = 792^ each. 10 EXHIBIT Wo. 24 (U. 8.), CLAIM No. 1. London, 30th October, 1889. prompt 13th November, 1889. Account- Sales. Sold by order & for Account of Messrs. Carne & Munsie, ® p. sale. Per "Viva" & "Grecian." 37 Casks Salted Fur Seal Skins. IPi'- 20C. & M. [VJ Lot 62. 63. 64/66. 67/88. 6»/72. 73. 74/80. 81/82. 88/85. 86/87. 8ti. 89. 18 Wigs Fur .Seal skina @ 84/- ea 30 81 Middlinga 2A4 Smalls 176 •■ 824 Large pups 81 '• 567 " 184 Middig " 280 " " 186 Small " 46 Large " 8 Middig •■ 15 Small ■■ 2 Pieces " 2,226 68/. 80/. 61/. 60/. 51/. 60/- 62/- 63 / 61/-' 43/. • 37/- ' 87/- ' 87/- ' Discount 2|%. . . 22 2 . . 214 18 ..660 . . 448 16 ..810 .. 206 11 . 1417 10 ..478 8 ..742 .. 471 16 .. 98 18 .. 14 16 . . 27 16 S 14 Oct. 21it. 40 50 Rate 2.10 Freight on 80Cn»ks^ £218 16 8 Int. 13/10 21P 10 6 Dock charges 4 Cartage on 80 Cka 11 7 9 Telegrams, ibc 3 4 « Landing charges " 2 10 Housing 4 striking 2,226 @ ;i/il*p. ioo 4 .S 6 Piling away to sorter 2,226" 1/10,1 " 2 19 Weighing fur average 700 " 2/6 ' '• 17 6 Cesaing for assortment 2,226 " 2/6 p. 120 2 tl P Counting at delivery 2,226 " 1/3 " 1 .H 2 Rent on 2,226 @ 6 p. 120 cwt., 4 weeks... 1 17 I Shewing for p. sale, mens time, ifrc 2 12 6 251 14 8 Allowance 20;^ on £16 ^ 11 .-5 5 . , 248 14 a Aaaorting for sale 2,226 @ 6/2^ p. 100. . . 6 16 11 Public sale charges, advertising, Ac, 28 loU@3/H 4 18 „ Fire hisin-ance n 010 Brokerage 2^ per cent '.'.'...... 140 8 6 6,616 18 140 8 6 6,476 » 7 413 17 6 £6,062 12 2 Ex. "Viva." Sales of 30th Oct., 1889, in London, by Culverwells. 60 2,226 sealskins netted, after deducting all London charges and Ocean and Railway Freight, £5,062 12 2 # 4.84 = $24,503.02 -5- 2,226 (g) ll.OOJ each. 391 10 Lot ao 30 40 (Exhibit No. 26 U. S.) EXHIBIT No. S6 (U. S.). CLAIM No. 1. London, 30th October, 1889 Prompt 13th November, 1889. Account Sales. Sold by order & for Account of Messrs. Cahne & McxsiE, @ p. sale. "Maby Taylor" & "Fbemona." 6 Casks Salted Fur Seal Skins. Per C. & M. M. T. 04. I< BS. fi«. 67. 68. 69. «0. 8 Middlg. Fur Seal skins @ 40/- each lA C8 Smalls " •• 40/- " 47 Largn pups " " 86/- " E.E. *"*'" Culverwell, Brooks & Co. Ex. " Mary Taylor." Sales of 4th July, 1889, in London, by Culverwell, Brooks «ScCo. 881 Sealskins netted after deducting all London charges and Ocean and Railway Freight, £674 11 2 ® 4 84 $0 = 13,264.86 ^ 381 ^ $8.57 per skin. ill pi 804 10 . I, 20 30 (Exhibits Nos. 28 and 29 U. S.) EXHIfilT No. 88 (U. 8.). OLAIK No. 1. (Copy.) Account Sale of Fur Sealskins received per '•Denmark" by con- signment and for account of J. Boscowitz, Esq're, Victoria, B. C. Lot. 8kln«. [BI B9a 118M. ASint je/- 801 U BM/4 844 Smallii •' 4(9 4 »M/6 801 Lal'upa ; ■■ 861 16 Ck. 1/18. m 188 Mddg. I'up. 88/- 860 16 608 67 8tn. " 88/- 107 4 699 S9Ei.8in." 88/- 64 18 600 61 SkiiiH, Low A cut 86/- 79 6 689 7»M. ASms 81/- 116 II 680 105 L«Pup« 88/- 178 » «8I IM " •■ 88/- 166 8 682/8 880 Mddg. Pup» 88/- 879 10 684 801 Sin. " 81/- 811 11 686 l»4Ex.em." 28/- 177 8 886 69 Ex. Ex. Sm. Tup 81/- 72 9 ni 8 Wigs 27/- 4 1 688 66 Sms. die, Low cut, . I, Gordon Hunter, of the City of Victoria, British Columbia, do certify that Joseph Boscowitz, an alien, on the first day of November, 18U.'), subscribed and took be- fore me the oaths of residence and allegiance authorized by the eighth section of the Naturalization Act, Canada, 30 and therein swoie to a residence in Canada of five years; that I have reason to believe, and do belii ', that the said Joseph Boscowitz, within the period of e years preced- ing the said day, has been a resident w, lin Canada for five years; that the said Joseph Boscowitz is a person of good character, and that there exists, to my knowledge, no reason why the said Joseph Boscowitz should not oe granted all the rights and capacities of a natural-born British subject. Dated at Victoria, B. C, the first day of November, 40I8U5. GORDON HUNTER. I hereby certify the foregoing to be a true and correct of certificate issued to Joseph Boscowitz re Naturalization Act, and filed in this office. Dated 14th Jany., 18y7. ARTHUR KEAST, Dep. Regst. Cy. Ct. The Naturalization Act, Canada. Certificate of Naturalization. Dominion of Canada, ) Province of British Columbia. ) In the County Court of Victoria, holden at Victoria, Whereas Joseph Boscowitz, formerly of Floss, Bf^varia, (termany, anti now of the City of Victoria, Provmce of British Columbia, Dominion of Canada, merchant, has complied with the several requirements of the Natural- ization Act, Canada, and has duly resided in Canada for the period of five years; and whereas the certificate granted 60 to the said Joseph Boscowitz, under the eighth section of the said Act, has been duly read in open court, and there- upon, by order of the said Court, has been filed of record in the same pursuant to the said Act. This is therefore to certify to all to whom it may con- cern that, under and by virtue of the said Act, Joseph 50 397 (Exhibit No. 8(1 U. 8.) Boscowltz has become naturalized oh a British subject, and iH, within Canada, entitlal to all political and other lights, powers and privileces. and is subject to all obli- gatioiiH to which n natural-lMirn British subject is eniitled or subject within Canada, with this «iiialiHcntion tliut ho shall not, when within the limits of the Foreign State of which he was a .lubji-ct, previous to the date hereof, be lOdeenied to be a British subject unless he has censed t(» be a subject of that Sfate in pursuance of th«' laws thereof or in pursu.uice of a tieatv or convention to that r*^'"t. (Jiven under the seal of the said Court, this seventh day of November, <»ne thuusjind eight hundred and ninetv- tive. "^ ARTHIU KKAST, Dep. Registrar. I heivby certify the foivgoing to bo a true and correct of certificate of naturalizatir.n issued to Joseph Boscowitz 20 Dated Uth Jan., lii'Jl. ARTHUR KKAST, Dep. Registrar. The Naturalization Act, Canada. Oath of Residence. I, Joseph Bo.scowitz. do swear that, in the period of five years preceding this date, I have resided five years in the Dominion of Canada with intent to settle therein, with- out iiaving been durmg such five years a stated resident •'"m any Foreign Country. So help me God. Signatui-e. JOSEPH BOSCOWITZ. Sworn Itefore me at the City of ) Victoria, on the first day of .' November, 1895. ) Gordon Hunter, Commissioner for taking oaths in the Superior Court of British Columbia. 40 Oath of Allegiance. I, Joseph Boscowitz, do sincerely proinis*? and swear that I will be faithful and bear true allegiance to Her Majesty Queen Victoria, as lawful Sovereign of the United Kiiigddiii of Great Britain and Ireland, and of the Dominion of Canada, dependent on and belonging to the said King- dom, and that I will defend Her to the utmost of nfy power against all traitorous conspiracies or attempts what- ever will, h shall be made against Her Person, Crown, and Dignity and that I will do niv utmost endeavour to dis- 3" close and make known to Her Majesty, Her Heirs or Suc- cessors, all treasons or traitorous conspiracies, and at- tempts, which I shall know to be against Her or any of them; and all this I do swear without any equivocation, mental evasion, or secret reservation. So help me God Signature. JOSEPH BOSCOWITZ.' bworn before me vt the City of i V'ictoria, on the first day of }• November, 1895. ) ^ Gordon Hunter, A Commissioner for taking oaths in the Supreme Court of British Columbia. li 398 ill 10 (Exhibits Nos. 126 and 127.) I hereby certify the within to be a true and correct copy of the Oaths of Residence and Allowance sworn to by Joseph Boscowitz on 1st November, 1895, and placed on file in this office. Dated 14 Jany/97. ARTHUR KEAST, Dep. Segr. Clerk. Claims Nos. 2, 6, 7, 9 and 10 (Continued). EXHIBIT No. 126 (O.B.), CLAIMS Nos. 2, 6. 7, 9 and 10. School Register, Joseph Boscowitz, 1841-18-t2. By order of the Commissioners, on consent of counsel, this exhibit is not printeil. Claim No. 8, ** Alfred Adams '* (Continued). EXHIBIT No. 127 (G B.). CLAIM No. 8. I hereby certify the annexed paper writing marked with the letter " A " to be a full, true and correct copy of the copy Bill of Sale on file in my office and of every affidavit thereto and endorsement theieon, of which same purports to be a copy, as examined by me. As witness my hand and seal of office at Victoria, Brit- ish Columbia, this 28th day of January, 1897. A. Y. WOOTON. 3° [seal.] Registrar General. I, Henderson Fiennes Clinton, of Victoria, British Columbia, luak" oath and say as follows: 1. That the paper writing hereunto annexed and marked A. is a true copy of a Bill of Sale, and of every Schedule or Inventory thereto annexed, or therein referred to, and of every attestation of the execution thereof, as made and given and executed by Moritz Gutmann. 2. That tiie Bill of Sale was made and given by the said 40 Moritz Gutmann on the 9th day of November, in the year of Our Lord one thousand eight hundred and eighty- eight. ;$. That I was present and did see the said Moritz Gut- mann in tlie said Bill of Sale mentioned, and whose name is signed thereto sign and execute the same on the said 9th day of November, in the year Jiforesaid. 4. That tlie said Moritz Gutmann at tlie time of making and giving the said Bill of Sale, resided and still resides at Victoria, B. C, and then was and still is a trader 50 5. That the name of H. Fieimes Clinton set and sub- scribed as the witness attesting the due execution thereof, is of the pnjper handwriting of me this deponent, and that I reside at Victoria, B. C, and am a studentat-law. H. FIENNES CLINTON. before me this JOth day of Subscribed to and sworn November, 1SS8. 60 ROLAND FLETT, S. Y. W. R. G. A." This is the Exhibit marked " A," referred to in the affi- davit of H. F. Clinton, sworn before me this 16th day of November, 1888. J. ROWLAND HETT, N. P. 899 (Exhibit No. 127.) This Indenture made this eighth day of November, one thousand eight hundred and eighty eight Between Moritz Gutman, of Victoria British Columbia, Administrator of the estate and effects of Jacob Gutmann, late of Victoria aforesaid, deceased, of the first part, and Alexander Frank of the same place of the Second part, Whereas the said Alexander Frank and Jacob Guttman were formerly part- ,0 ners in thb business of traders under the firm name of Gut- mann & Frank. And Whereas the said Jacob Gutmann has been some time dead, and Whereas the said Jacob Gutmann and Alexander Frank were partners as above mentioned at the time of the (ieath of the said Jacob Gut- mann. And whereas letters of administration of the es- tate and effects of the said Jacob Gutmann, deceased were on the 2nd day of October, 1S88, duly granted to the said Moritz Gutmann; And Whereas the said partnership at the time of the death of the said Jacob Gutmann had a 2o claim against the United States of America to the amount ^^ twenty thousand four hundred and thirty-three dollars; And Whereas the said Claim is still in dispute and uu paid. ^ And Whereas it has been agreed between the parties to these presents that the said Moritz Gutmann shall assign grant and convey unto and to the use of the said Alexander frank all and singular the property of the said partner- ship set out in the first schedule hereto for the considera- tions herein niejitioned; And Wliereas, it is estimated that 30 the liabilities ot the said partnership exceed the assets thereof by the sum of eight hundred and ninety nine dol- lars and fifty-seven cents (!?S!t!» 57); And Whereas, in mak- ing such estimate there has been included in the said assets ot the said partnership all that piece or parcel of land being part of Section a. Victoria District, Bntisli Co- lumbia (now within the limits of the City of Victoria) containing in the whole one acre more or less and known as the site of the "Lion Brewery," and valued at five thousand dollars in such estimate, and there has been -n- 40 eluded in the said liabilities of the said partnership a mort- gage or mortgages on the said real estate to the amount ot two thousand two hundred dollars. And Whereas if from the assets as aforesaid there be deducted the said real estate and from the said liahilities the said nioit<-ioe or mortgages the liabilities of the said partnership exceed t,he assets thereof by the sum of three thousand six hun- dred and ninety-nine dollars and fifty-seven cents Now this Indenture Witnesseth, that in coiisideiation ot the premises and in consideration of the covenants qo hereinafter contained by the said Alexander Frank his executors, administrators or assigns to be performed The said Moritz Gutmann doth herebv grant assiLMi and convey unto and to the use of the "said Alexander frank, his hens, executors, administrators and as signs all the estate, right, title and interest of him the said Mm;itz Gutmann, as the administrator of the estate and effects of the said Jacob Gutman in and to all and singular the property in the first sched- ule hereto contained of what nature soever. And the 60 said Alexander Frank doth hereby in consideration of the premises and of the covenants herein contained by the said Moritz Gutmann, his executes and administrators to be performed covenant with the said Moritz Gutmann his executors and administrators that he the said Alexander frank, his executors and administrators will assume and 400 w (Exhibit No. 127.) discharge all and singular the liabilities of the said part- nership in the second schedule hereunto contained and will fully indemnify the said Moritz Gutmann, his ex- ecutore and administrators against all claims thereon of what nature soever. And this indenture further witnesseth that it is hereby agreed by the parties hereto that the said Alexander Frank ID shall have a charge upon the share of the said Moritz Gut- man as administrator as aforesaid of the proceeds of the aforementioned claim against the United States of Amer- ica to the amount of four hundred and forty- nine dollars and seventy-nine cents together with interest thereon at the rate of eight per cent, per annum from the date hereof until the said claim shall be paid by the United States of America either wholly or in part. And the said Moritz Gutmann hereby covenants with the said Alexan- der Frank that he will out of the first moneys coming into 20 his hands or control being the proceeds oipart proceeds of the claim against the United States of America pay to the said Alexander Frank the sum of four hundred and forty- nine dollars and seventy-nine cents as aforesaid, with in- terest thereon as aforesaid provided that the said Alex- ander Frank shall not bring any action to recover the said sum of four hundred and forty-nine dollars and seventy- nine cents and interest thereon as aforesaid until such time as the aforesaid claim against the United States of America is so far settled that the said Moritz Gutmann 30 shall have a sufficeint sum of money in his hands or con- trol being the proceeds of such claim to pay the said sum of four hundred and forty-nine dollars and seventy-nine cents and interest thereon as aforesaid. And this Indenture Further Witnesseth that for the considerations herein mentioned to him moving it is hereby agreed between the parties hereto that the said Moritz Gutmann shall within one month from the date hereof obtain a good title to the interest of the said Jacob Gut- mann in the real estate herein mentioned, and give to the 40 said Alexander Frank a good conveyance of the same free from all encumbrances except such as exist at the date hereof. And it is further agreed that if the said Alexan- der Frank shall sell the real estate for a price greater than five thousand five hundred dollars at any time before the first day of June, IHsy, then the said Alexander Frank will pay to the said Moritz Gutmann one-half of the dif- ference between such selling price and the sum of five thousand dollais, provided that if the said Moritz Gut- mann do find a bona jUlc purchaser before the 1st day of 50 June, 1SH<>, fc" a price exceeding five thousand five hun- dred dollars, t ie said Alexander Frank will give a good conveyance of the said real estate to such purchaser. In Witness Whereof the said parties hereto have here- unto set their hands and seals the day and year first above wiitten. MORITZ GUTMANN [se.al.1 ALEXANDER FRANK [seal.] Signed, sealed and delivered ) in the presence of ) Oo H. FiENSEs Clinton. 10 20 401 (Exhibits Nos. 127 and 128.) Schedule 1. All the interest of Moritz Gutmanu in the following • All the property of the said firm at Clayoquot All f^u^r" Vu **.0W +« A whahng gear, the property of the said firm 3i>l its All the stock in trade of the taid firm at Vic- toria gQ^ i^k^ All the interest of the said firm in the Real Es- tate in the foregoing deed described . . 5 ooo oi) A merchandise on board the schooner " Lily " 1 537 71 All book accounts of said firm "... I'^^O (»1 Bills and notes receivable I'.j.jj. qq Cash in hand ..'.'." '^Ji 40 All other property and choses in action of the said firm, estimated at 3 ooo 00 M(JRITZ GUTMANN. Witness- ALEXANDER FRANK. H. FiENNES Clinton. Scdedule 2. Liabilities. Due S. H. Frank «& Co gio,58S> 32 J->ue H. Gutmann 89 00 Bills and notes payable 1000 00 Mortgages on real estate referred to' in the ' Due toFred. Thornberg.... 700 oo Sundry accounts ' " 2 500 00 Due the Bank of British Columbia ..." 2*490 54 Due Clayoquot Indians '335 ()(> MOItifz GUTMANN. ,„., ALEXANDER FRANK. Witness : H. FiENNEs Clinton. 40 Claim No. 1, "Carolena" (Continued). EXHIBIT No. 128 (0. B.), CLAIM No. 1. The Naturalization Act, Canada. Oath of Residence. I, John Andrew Bechtel, better known as Andrew J Bechtel, do swear that, in the period of 18 years preced- ing this date, I have resided 18 years in the Dominion of 50 Canada with intent to settle therein, without having been during such 18 years a stated resident of any Foreien Country. So help me God. (Signature) JOHN ANDREW BECHTEL Sworn before me at Victoria, B. C, on the 7th dav of April, 1892. (Signed) Thos. Shotbolt. Oath of Allegiance. I, John Andrew Bechtel. better known as Andrew J 60 Bechtel, do sincerely promise and swear that I will be faithful and bear true allegiance to Her Majesty Queen Victoria, as lawful Sovereign of the United Kingdom of Great Britain and Ireland, and of the Dominion of Can- ada, dependent on and belonging to the said Kingdom 402 (Exhibit No, 128.) and that I will defend her to the utmost of my power against all traitorous conspiracies or atteiupts whatever, which shall be made against Her Person, Crown, and" Dignity, and that I will do my upmost endeavour to dis- close and make known to Her Majesty, Her Heirs or Suc- cessors, all treasons or traitorous conspiracies, and at- tempts, which I shall know to be against Her or any of ID them; and all this I do swear without any equivocation, mental evasion, or secret reservation. So noip me God. (Signed) JOHN ANDREW BECHTEL. Sworn before me at Victoria, B. C, this 7th day of April, 18t>2. (Signed) Thos. Shotbolt, J. P. The Naturalization Act, Canada. Certificate Under Section 10. 20 I, Thomas Shotbolt, of Victoria, British Columbia, do certify that John Andrew Bechtel, better known as Andrew J. Bechtel, an alien, on the seventh day of April, 181>'J, subscribed and took before me, the Oaths of Resi- dence and Allegiance authorized by the eighth section of The Nahiralizatiou Act, Canada, and therein swore to a residence in Canada of 18 years; that I have reason to be- lieve, and do believe, that the said John Andrew Bechtel, better known as Andrew J. Bechtel. within the period of IS years preceding the said day, has been a resident within 3° Canada for 18 years; that the said John Andrew Bechtel, better known as Andrew J. Bechtel, is a person of good character, and that there exists, to my knowledge, no reason why the said should not be granted all the rights and capacities of a natural-born British subject. Dated at Victoria, B. C, the seventh day of April, 1892. (Signed; THOS. SHOTBOLT, J. P., 59 Johnson St . Victoria, B. C. 40 The Naturalization Act, Canada. Certificate of Naturalization. Dominion of Canada, ) Province of British Columbia. ) In the County Court of Victoria holden at Victoria. Whereas John Andrew Bechtel better known as An- drew Bechtel, formerly of United States of America, and now of the City of Victoria, Province of British Columbia, Dominion of Canada, Hotel Keeper, has complied with the 50 several requirements of The Naturalization Act, Canada, and has duly resided in Canada for the period of 18 years: And whereas the certificate granted to the said John An- drew Bechtel better known as Andrew Bechtel, under the eighth section of the said Act, has been duly read in open Court, and thereupon, by order of the said Court has been filed of record in the same pursuant to the said Act. This is therefore to certify to all to whom it may con- cern that under and by virtue of the said Act, John Andrew Bechtel better known as Andrew Bechtel, has become 60 naturalized as a British subject, and is, within Canada, entitled to all political and other rights, powers and priv- ileges, and is subject to all obligations to which a natural- born British subject is entitled or subject within Canada, with this qualification that he shall not, when within the 403 (Exhibit No. 128.) limits of the Foreign State of which he was a subject, pre- vious to the date hereof, be deemed to be a British sub- i™olT ^®*l!^,'=®*^!? ^^^ '^"bject of that State in pursuance of the laws thereof, or in pursuance of a treaty or convention to that effect. ^ Given under the seal of the said Court, this Twenty- first day of April, one thousand eight hundred and ninety-two '° (Signed) ARTHUR KEAST, Dep. Register. 404 (Exhibit No. 51.) i: ADDENDA. 10 _______ EXHIBIT No. 61 (0. B.), CLAIM No. 2. (This exhibit, referred to above at page 10,5, has been designated for printing by counsel for Great Britain, since the foregoing exhibits were printed.) The California Insurance Co. Surveyor's Report on 2oName, Flag and Rig B. Screw Steamer "Thornton" By request of Henry Saunders. Captain Colin Clunes. T«of 29AV Decks One. When and where built 1861, Dungeneys. Buildei-s Cannot ascertain. Material Pine. Fastenings Copper, Iron. ,QWhen metalled ...Unc. lain. When caulked Do. Draft Loaded 5 feet. Hails from Victoria. Owned by J. D. Warren. Dimensions Length, feet; Breadth, feet: Depth, feet. Model Medium. Cables Two. 120 fathm. Hawsera. Anchors Two. .gBoats One. Rigging Wire. Sails One suit, i wore. Spears Two. Rate .A No rate. Trade engaged in Coal trade. Remarks. I hereby certify that I have this day surveyed the above described Schooner assisted by Wra. Cavin, Ship Carpenter we both found her in pretty fair Order, Seaworthy. Surveyed at Victoria, B. C. Nov. 16th, 1883. H. G. LEWIS. Marine Surveyor. "mLJ 405 (Exhibit No. 75.) EXHIBIT No. 75 (0. B.), CLAIM No. 4 (Continued). (The following extracts from memorandum book for 1886 of Schooner "Favourite," Exhibit No. 75 (G. B.), referred to above at page 188, have, since the printing of the foregoing exhibits, been selected for printing, by i^counsel for Great Britain, and are here printed at their request.) Positions of Schooner " Favourite" in Behring Sea, August 1st— l!)th, 188«. lat. 55° 17' N., long. 168° 17' W. lat. 54° 50' N., long. 168° 49' W. lat. 54° 40' N., long. 168° 50' W. lat. 54" 3l»' N., long. 169° 23' W. lat. 54° 35' N„ long. 168° 40' W. lat. 54° 50' N., long. 170° 07' W. lat. 55° 06' N., long. 170° 40' W. lat. 54° 51' N., long. 170° 49' W. lat. 64° 46' N., long. 171° 01' W. lat. 55° 03' N., long. 170° 40' W. lat. long, lat. long, lat. 54° 45' N., long. 168° 17' W. lat. 55° 24' N., long. 168° 35' W. lat. 55° 30' N., long. 169° 10' W. lat. 56« 15' N., long. 166°45'30" W. lat. 55° 40' N., long. 165° 30' W. lat. .55° 12' N., long. 165° 40' W. in Ounimack Pass. August 1st, * * » August 2nd, * * * August 3rd, * * * August 4th, * * * 2Q August 5th, * * * August 6th, * •» * August 7th, * * « August 8th, * * * August 9th, * * * August 10th, * * # August 11th, * * # August 12th, * # * August 13th, * * * 30 August 14th, » * * August 15th, * * * August 16th, if * * August 17th, * * * August 18th, 4f- * * August 19th, * * # N, ^ — \<^:^y ^<*^ o K AT CV*' -'.;-''