Slike strani
PDF
ePub

seized in the Bering Sea had been received, I have the honor to inform you that the Marquis of Salisbury has instructed me to request you to be good enough to furnish me with a copy of the same for the information of Her Majesty's Government. I have, etc.,

L. S. SACKVILLE WEST.

No. 14.

Mr. Bayard to Sir L. S. Sackville West.

DEPARTMENT OF STATE,

Washington, July 11, 1887. SIR: Complying with the request contained in your note of the 8th instant, conveyed to me under the instructions of your Government, I have the honor to inclose you two printed copies of the judicial proceedings in the United States district court for the District of Alaska in the several cases of libel against the schooners Onward, Carolena, and Thornton, for killing fur seals in Alaskan waters. Accept, etc.,

T. F. BAYARD.

(Inclosure.)

Transcript of record in the case of the schooner Carolena.

The United States, libellant, vs. The Schooner Carolena, her tackle, etc. On libel

of information for being engaged in the business of killing fur seal in Alaska.

On the 28th day of August, 1886, was filed the following libel of information.

IN THE DISTRICT COURT OF THE UNITED STATES FOR THE DISTRICT OF ALASKA,

AUGUST SPECIAL TERM, 1886.

To the honorable LAFAYETTE DAWSON,

Judge of said District Court : The libel of information of M. D. Ball, attorney for the United States for the district of Alaska, who prosecutes on behalf of said United States, and being present here in court in his proper person, in the name and on behalf of the said United States, against the schooner Carolena, her tackle, apparel, boats, cargo, and furnitare and against all persons intervening for their interest therein, in a cause of forfeitore, alleges and informs as follows:

That Charles A. Abbey, an officer in the Revenue Marine Service of the United States, and on special duty in the waters of the District of Alaska, heretofore, to wit, on the first day of August, 1886, within the limits of Alaska Territory and in the waters thereof, and within the civil and judicial district of Alaska, to wit in the waters of that portion of Bering's 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 scbooner, the Carolena, her tackle, apparel, boats, cargo, and furniture, being the property of some person or persons to said attorney unknown, as forfeited to the use of the United States, for the following causes :

That the said vessel was found engaged in killing fur seal within the limits of Alaska Territory and in the waters thereof in violation of section 1956 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 statutes of the United States in such cases made and provided, the aforementioned and described schooner or vessel, being a vessel of over twenty tons burden, her tackle, apparel, boats, cargo, and furniture, becamo 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 process and monition of this bug. orable court issue in this behalf, and that all persons interested in the beforementioned and described schooner or vessel may be cited in general and special to adster the premises, and all due proceedings being had, that the said schoover or vessel, ber tackle, apparel, boats, cargo, and furniture, may, for the causes aforesaid au«i otbets appearing, be condemned by the definite sentence and decreo of this honorable court, as forfeited to the use of the United States, according to the form of the statutes of the said United States in such case made and provided.

M. D. BALL,

U. S. Dist. Attorney for the Dist. of Alaska. Thereupon issued forth with the following monition : DISTRICT OF ALASKA, SCT.

The President of the United States to the Marshal of the District of Alaska, greetiug:

Whereas a libel of information liath been filed in the district court of the United States for the District of Alaska on the 28th day of August, in the year 18-ti, ly N. D. Ball, United States attorney for the District aforesaid, on behalf of the Unita States of America, against the schooner Carolena, her tacklo, apparel, boats, carga, and furniture, as forfeited to the use of the United States for the reasons and ca in the said libel of information mentioned, and praying the usual process and inepttion of the said court in that behalf to be made, and that all persons interested 13 the said schooner Carolena, her tackle, apparel, boats, cargo, and furniture, etc., bay be cited in general and special to answer the premises, and, all proceedings being bad. that the said schooner Carolena, her tackle, apparel, boats, cargo, and furniture, mar, for the causes in the said libel of information mentioned, be condemned as forfeited to the use of the United States.

You are therefore hereby commanded to attach the said schooner Carolena, her tackle, apparel, boats, cargo, and furniture, to detain the same in your custody until the further order of the court respecting the same, and to give notice to all persons claiming the same, or knowing or baving anything to say why the same should not be condemned and sold pursuant to the prayer of the said libel of information, that they te and appear before the said court to be held in and for the district of Alaska, on the 4th day of October, 1886, 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, the and there to interposo a claim for the same and to make their allegations in that be half.

And what you shall have done in tho premises do you then and there make return thereof together with this writ.

Witness the honorable Lafayette Dawson, judge of said court, and the seal thetro affixed at the city of Sitka in the district of Alaska, this 28th day of August, in the year of our Lord ono thousand eight hundred and eighty-six and of the Independence of the United States the one hundred and eleventh. (SEAL.]

ANDREW T. LEWIS.

Clerk On the 6th day of September, 1886, was filed the following affidavit:

IN THE UNITED STATES DISTRICT COURT IN AND FOR THE DISTRICT OF ALASKA.

UNITED STATES OF AMERICA.

The United States of America vs. The Schooner Carolena.

UNITED STATES OF AMERICA, District of Alaska, 88 :

C. A. Abbey, being duly sworn, deposes and says:

That he is, and at all times herein mentioned was, a captain in the United States Revenue Marine, and in command of the United States revenue cutter Coruin,

That affiant and the following-named officers and men of said Corvin are material and necessary witnesses for the United States in the above-entitled action, to wit: J. C. Cantwell, lieutenant; Thos. Singleton, seainan; J. U. Rhodes, lieutenant; T. Lorensen, seaman; and J. H. Douglass, pilot.

That owing to scarcity of provisions and fuel upon said Corwin, the said Corra and deponent and said witnesses will be obliged to and are about to go to sea within five days, and out of the district in which the said case is to be tried, and to a grea er distance than ono hundred miles from the place of trial of said action before the time of said trial.

That there is urgent necessity for taking the depositions of afwant and said witnessen forthwith.

That James Blake was the mate of said schooner at the time of its seizure, and is the only person or officer of said schooner now within the jurisdiction of this court, or upon whom service of notice can be made as affiant is informed and believes.

C. A. ABBEY. Subscribed and sworn to before me this 6th day of September, 1886.

ANDREW T. LEWIS,

Clerk, On the same day was entered the following order: In the matter of the United States vs. Schooner Thornton, casc No. 50; schooner Carolena

case No. 51; schooner Onward, case No. 49; schconer Sun Diego, case No.52. In the above-entitled actions 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 l'nited States herein, it is ordered that the depositions of the witnesses C. A. Abbey, J. W. Howison, J. C. Cautwell, J. U. Rhodes, J. H. Douglass, C. T. Winslow, Albert Leaf, C. Wilhelm, Thos. Siugleton, and T. Lorensen be taken before the clerk of the said district court on Tuesday, thó 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 said clerk at Sitka, Alaska, and if not completed on said evening, then the taking of said depositions to be continued by said clerk, from time to time until completed. That notice of the time and place of taking said depositions be served by the marshal of said district on Hans Guttormsen, James Blake, Daniel Munroo, and Charles E. Raynor, and upon W. Clark, osq., attorney-at-law, on or before September 7th at 12 m., and that such shall be due and suflicient and reasonable notice of the taking of said depositions.

Done in open court this 6th day of September, 1886. Now at this time W. Clark, esq., being present in court, waives service of notice.

On the 7th day of September, 1886, was filed the following notice and return thereof:

IN THE UNITED STATES DISTRICT COURT IN AND FOR THE DISTRCT OF ALASKA, UNITED

STATES OF AMERICA.

The United States vs. The schooner Carolena.

To James Blake groeting : You are notified that by order of Lafayette Dawson, judge of said district court, that the depositions of c. A. Abbey, J. C. Cantwell, J. U. Rhodes, and J. H. Douglass will be taken before the clerk of said district court at his office at Sitka in said district on Tuesday, September 7th, 1886, at 7 o'clock p. m., or as soon thereafter as the matter can be reached, and if not completed on said evening, the taking of said depositions will be continued by said clerk from time to time until completed. Dated September 7th, 1886.

ANDREW T. LEWIS,

Clerk. UNITED STATES OF AMERICA, District of Alaska, 88 :

This is to certify that on the 7th day of September, 1886, before 12 o'clock noon of that day, I served the annexed notice on the within-named James Blake, at Sitka, district of Alaska, by then and there personally delivering to said James Blake a copy of said notice. And then and there gave him the privilege of being present at the taking of said depositions. Dated September 9th, 1886.

BARTON ATKINS,

U. S. Marshal. On the 9th day of September, 1886, were filed the following depositions:

IN

THE UNITED STATES DISTRICT COURT IN AND FOR THE DISTRICT OF ALASKA,

UNITED STATES OF AMERICA.

The United States of America vs. The schooner Carolina. No. 51. Deposition of witnesses sworn and examined before me on the 7th day of September, A. D. 1886, at 7 o'clock p. m. of said day, and on September 8th and 9th, 1886, tbereafter, at the clerk's office of said court in Sitka, district of Alaska, United States of America, by virtue and in pursuance of the order of said court, made and entered in

tbe above-entitled action on September 6th, 1886, directing that the testimony and depositions of said witnesses be taken before me at said first inentioned time and place and at such subsequent times as the taking of the same might be continned to by pe, in said action then and there pending in said district court between the United States as plaintiff and the schooner Carolena as defendant, on behalf of and at the instance of the said plaintiff, the United States, and upon notice of the time and place of iaking of said depositions, served upon James Blake, the mate of said schooner, he being the only officer of said schooner upon whom service could be made, and upon W. Clark esq., his attorney, the owners of said schooner being unknown and without the juris diction of this court.

Captain C. A. Abbey, being duly sworn, deposes and says:

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 Corris on special duty in Alaskan waters, for the protection of the seal islands and of the Government interests in Alaska generally.

Q. What were you doing and what occurred on the 1st of August last in the line of your duty ?-A. Cruising in Berings Sea about 75 miles south-southeast from St George's Island, and I found the British schooner Carolena of Victoria, B. C., drifting with sails down. Her boats were absent and she was evidently a sealer. I saw dead seal lying upon her forward deck; inquired of the schooner in which direction ber boats wero.

I then ordered her to be seized by Lieut. Cantwell for killing fur seal in the raters of Alaskie, took her in tow, and proceeded to hunt up her boats, all four of which I found with freshly-killed für seal in them, arms, atomunition, and hunters, some of whom I saw shooting at the seal in the water. These boats all went on board tbe Carolena. On this evidence I caused the vessel to be seized by Lieut. Cantwell. I took her in tow and proceeded with her to Ounalaska where I placed the vessel tackle, cargo, furniture, and appurtenances in charge of Deputy U. S. Marshal laic Anderson, of Ounalaska; the cargo of fur seal skins being stored in “Keuch," in ore of the warehouses of the Alaska Commercial Company and under seal. The arms and ammunition of this vessel I took on board the Coruin and brought to Sitka and de livered into the custody of the U. S. marshal there.

The vessel, tackle, furniture, and cargo are now in the custody of the U. S. marsial of this district.

Q. Was this the vessel against which this libel of information is filed !--A. It is

Q. Did all this occur within the waters of Alaska and the Territory of Alaska, and within the jurisdiction of this court 1-A. It did.

Q. Did this occur within the waters of the sea navigable for vessels of ten (10) tous burden or over 1-A. It did.

C. A. ABBET. Subscribed and sworn to before me this 9th day of September, A. D. 1886, after having been read over by me to deponent.

ANDREW T. LEWIS.

Clak. Lieutenant John C. Cantwell, being duly sworn, deposes and says:

Q. State your name, occupation, and age ?-A. John C. Cantwell, third lieutesant, U. S. Marine Service, at present on duty on the U. S. Revenue steamer Corris, and over the age of twenty-one years.

Q. Were you so on the Ist day of August last :-A. I was.

Q. State what occurred on that day in the line of your duty.-A. A schooner vas siglted from the Corvin and I was directed by Capt. Abbey to board her. I found her to be the schooner Carolena, of Victoria, B.C., James Ogilvie, captain, and James Blake, mate. I saw dead seal upon her deck, and the captain admitted that he was engaged in taking seal, and that four of the schooner's boats were at the time absent from the vessel engaged in killing seals. I signaled this fact to Capt. Abbey and he directed me to seize the vessel, which I did, and the Coruin took us in tow.

Q. Do you recognize these papers ?-A. I do. This paper marked (Ex. I) is the certificate of registry of the schooper Carolena, of Victoria, B. C. (Said certificate is dated March 21st, 1870, and represents said schooner as of 3,190 tons burden, and ourned by I'rancis Armstrong, at Victoria, B. C.). This paper marked (Ex. J) is the bill of heaith of said schooner. (Said bill of health is dated at Victoria, B. C., May 19th, 189, and represents said schooner Carolena as then ready to depart for Behring Sea and Okistá Sea and other places beyond the sea, with James Ogilvie, master, and eleren persons, iacluding said master.) This paper marked (Ex. K) is the coasting license of sand schooner. (Said license is in the usual form, to James Ogilvie, master of the schooper Carolena, dated at Victoria, B. C., Feb. 16th, 1886, and in terms expires on the 30th day of June, 1886.). This paper marked (Ex. L) is the clearance of said schonger. (Said clearance is for said schooner as of 3,190 tons, navigated with eleven men, James

mo.

Orie, master, bound for Pacific Ocean, Behring Sea, and Okhotsk Sea, on a fishing and hunting voyage, and is dated at Victoria, B. C., May 19th, 1886.) All of which papers were found on board the Carolena at the time of seizure and taken possession of by

Q. State how many men the Carolena had on board as crew when seized.-A. Thirteen or fourteen.

Q. State whether this is a reasonable number of men for ordinary purposes of commerce and navigation.-A. It is an unusually large number for that purpose on a vessel of that size.

John C. CANTWELL,

3d Lieut, U. S. R. M.

a

Subscribed and sworn to before me this 9th day of September, A. D. 1886, after having been read over by me to deponent. (SEAL.)

ANDREW T. LEWIS,
Clerk U. S. Dist. Court.

John U. Rhodes, being duly sworn, deposes and says:

Q. State your name, age, and occupation.--A. John U. Rhodes, Lieut. U. S. Revenue Marine, and at present on duty on the U. S. revenue steamer Corwin, and over the age of 21 years.

Q. State what arms and ammunition were seized on the schooner Carolena at the time of her seizure.-A. 4 ritles, 1 muskot, 5 shotguns, 171 shotgun cartridges, 353 ritie cartridges, 141 bags buck-shot, 1 bag of bullets, 40 bags of wards, 21 boxes wads, 13 boxes primers, it boxes of caps, 91 lbs. powiler.

Q. Wen there any nautical instruments seized on the Carolena except what is included in the general inventory?-A. 1 octant, 1 quadrant.

Q. What has become of this property ?-A. It lias ali been delivered to the U. S. Marshal at Sitka, and is now in his custody.

JOIN U. RIIODES.

Subscribed and sworn to before me this 9th day of September, A. D. 1886, after having been read over by me to deponent.

ANDREW T. LEWIS, [SEAL.]

Clerk U. S. Dist. Court. J. H. Douglass being duly sworn deposes and says:

Q. State your name, age, and occnpation.-A. J. H. Douglass; am over the age of 21 years; am a pilot in the revenue-marine service of the U. S., and have been so for 7 years last past. I am now, and on the first of August, 1886, was, pilot on the revenue steamer Coruin.

Q. State what experience you have bad in the fur-sealing business and your knowledge of the habits of the fur-seal.-A. I have been cruising for more than 15 years off and on in Alaskan waters always as an otficer or pilot and have visited the Pribyloff Islands, St. Paul and St. George, several hundred times and am perfectly familiar with the sealing business as conducted on those islands and understand the migrating habits of the fur-seal. From about the 1st of May to about the 1st of July of each year the fur-seal is migrating north through the Unimak and Akutan passes to these islands for breeding purposes. They go to no other place in the known world except these islands and Copper Islands for breeding purposes. After the breeding season of about a month they begin to migrate south, and until into November of each year are migrating south through Behring Sea. During this season from May till November the fur seal are plenty in the waters adjacent to the Pribyloff Islands, and are migrating to and from these islands and are at all times very plenty between Unimak pass and said islands in a track about 30 miles wide which seems to be their highway to and from said islands. The schooner Carolena and her boats when seized were directly in this tract. I was present at time of seizure.

J. H. DOUGLASS.

Subscribed and sworn to before me this 9th day of September, A. D. 1886, after having been read over by me to deponent. (SEAL.]

ANDREW T. LEWIS,

Clerk U. s. Dist. Court.

Thomas Singleton, being duly sworn, deposes and says: Q. State your name, age, and occupation.-A. Thomas Singleton; am over the age of 21 years; and am a seaman. Was employed on the steamer Coruin on the 1st day of August, 1886, when the Carolena was seized. I was sout on board the Carolena

H. Ex. 1, pt. 1-111

« PrejšnjaNaprej »