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the value of the various fishing grounds, and the market value of schooners. I have read the affidavit of James G. Tarr, and am able to say from my knowledge of the business and my recollection of the facts, that his judgment as to the value of the property seized, the damage resulting from the breaking up of the voyage, the damage resulting to the vessel for the balance of the season, and the depreciation in the market value of the vessel, is in my opinion correct. At the time of said seizure I was connected with said co-partnership as clerk, and know of my own knowledge that the seine, seine boat and fittings which were seized were worth at least $1,600, and I also know that said Schooner Argonaut was sold at a discount from her actual worth on account of her proscription by the Canadian Government.
BENJAMIN N. TARR,
Subscribed and sworn to at Gloucester, Massachusetts, this ninth day of January, 1913, before me.
FREDERICK H. TARR,
License Certificate of the Argonaut.
UNITED STATES CUSTOMS SERVICE,
I certify that the records of this office show that the American Schooner Argonant, official number 105,604, was duly licensed for the fisheries for one year from April 4, 1887.
Witness my hand and seal.
Affidavit of Benjamin F. Sprague.
GLOUCESTER, Aug. 5th, 1887.
I, Benj. F. Sprague, Master of the American Sch. Argonaut, of Gloucester, Mass., do on oath depose and say that on or about the 12th day of July we left Gloucester for the Gulf of St. Lawrence for mackerel. Messrs. James G. Tarr & Brother, the owners of the vessel, directed me not to fish inside of the three-mile limit, and I did not.
On July 24th about three o'clock in the afternoon our vessel being four to five miles off West River P. E. Island, we discovered about a half mile from our vessel a large school of mackerel, I took my largest boat and largest seine, the seine being two hundred and thirty fathoms long and twenty five fathoms deep, and went for the mackerel. It was ebb tide running to the eastward, at a rate of about three knots an hour. Being in the immediate pursuit of the mackerel and they being four miles from shore, I did not hesitate to set my seine and enclosed the mackerel. My seine fouled and it was some time before we got it pursed up. After the fish were secured in the seine and I had an opportunity to look around I found the tide had set us towards the shore quite rapidly, and this was the first intimation I had that we were going with the tide so fast, I felt that even then we were outside of the limit, but I did not wish any contest or trouble with the Canadian Officials and did not take any fish from the water except a few that were necessarily washed in the twine. I then gave orders to my men to take up the seine, turn out the fish which they did, taking the seine into the boat releasing the fish all alive. The Cutter Critic was about a mile to the westward of us when we got the seine pursed up. I had felt no alarm from the Cutter when I set
around the fish that I was aware of the tide setting us in so fast, but the moment that I realized that we could not keep the deep seine full of fish from drifting still further in shore it was then I found it might be a question of illegal fishing and tripped the seine to go back to my vessel which being under sail was not affected by the tide, I went myself in the dory to the Cutter and asked if they considered my seine and boat within the three mile limit. They replied they thought they were, I informed the Cutter's Captain that the tide had swept us in as the seine was set fully a mile outside. The Cutter's boat in charge of an officer was on the way to the seine and I returned and asked the Officer how far he thought we were from the land. He said two miles. The Officer then returned with his boat to the Cutter and I went with two men in the dory to my vessel. I seeing the Cutter's boat had returned and taken possession of my boat and seine and realizing that the intention was to make seizure and knowing that there had been no intention on my part to violate the provisions of the Treaty and that if the seine was inside the limit it was entirely without design on my part but the result of the tide taking it in, I felt that it was my duty to avoid having my vessel seized and subjected to detention and thus lose her season's work, so I set sail farther outside and not having sufficient crew for work my men being seized with the boat, I returned to Gloucester. The seine boat of the Sch. Jonas H. French of Gloucester was also similarly engaged with a school of mackerel some three hundred yards outside of my boat and when I saw the Cutter's boat take possession of the French's boat and seine it was apparent that the Cutter intended to seize all she could at that time. I desire to say that the three mile limit is so very uncertain that the exact measurement cannot be ascertained by any person's judgment but I am certain that when my seine was put into the water we were more than
other way we should have been as far as we had drifted in,
BENJAMIN F. SPRAGUE,
The undersigned Crew of said Schooner Argonaut, on oath depose and say that the above statement made by Capt. Sprague is true to best of our knowledge and belief.
FREEMAN W. Kent.
GEORGE W. Loyd.
COMMONWEALTH OF MASSACHUSETTS, Essex, ss:
Subscribed and sworn to, by above named affiants, Master and portion of crew of said Schooner Argonaut, this fifth day of August A. D. 1889.
DAVID W. LOWE,
Affidavit of Freeman W. Kent and Other Members of the Crew of the Schooner Argonaut.
I, Freeman W. Kent, a resident of Swans Island, Me., on oath depose and say that I have been a Master Mariner five years that I was one of the Crew of Schooner Argonaut of Gloucester lately returned from a mackerel voyage to the Gulf of St. Lawrence that on July 24th, 1887, when off West River, Prince Edward Island, about three o'clock in the afternoon we saw a large school of mackerel about half a mile from the vessel well outside of the three mile limit, this we are positive of. More so after the so called measurements of the distance by the Cutter. We set around them and found part of the seine fouled by twine, caught in the rings, not by the seine touching bottom, by which we were delayed over an hour in pursing the seine. While pursing we noticed the tide was running to the Eastward at from two and a half to three miles an hour. About the time the seine was pursed up we discovered the Cutter's boat approaching us. The officer on his approach asked What are you doing here? then asked the vessel's name we belonged to, which was given him. He went back to the Cutter, after telling us he would let us know how far we were off. Before he returned the Captain of the Cutter dropped a kedge anchor with buoy attached which the tide run under and afterwards dropped a sounding lead with his vessel's dingy for a buoy with a boy in it with oars out to try and keep it from drifting on account of its insufficient anchorage, in shore. About fifteen minutes after the officer left us he returned saying "Boss I suppose we have got to take you," which he did. Was on board the Cutter when she attempted the measurement of the distance from