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shore. We all knew the Cutter was with the fleet and felt perfectly secure as to being a long way outside the threemile limit. After leaving the boat and seine, we rowed some distance but finding no chance to set other seine returned to the vessel. There being quite a number of boats seining that day and when we went in the dory to aid the men we had left in charge of the seine and boat we saw,

as we thought, our boat drifting by East Point, we rowed some three miles, it was not our boat and on inquiry found that our boat had been seized and we then returned to our vessel.

MARTIN FOLEY.

STATE OF MASSACHUSETTS, Esser, ss:

Subscribed and sworn to this sixth day of Angust, A. D. 1887, before me, [SEAL.]

DAVID W. LOWE,

Notary Public.

EXIIIBIT 17.

Affidavit of John S. Staples.

I, John S. Staples, a resident of Swans Island, in State of Maine, Master of Schooner l'esta, of Gloucester, on oath depose and say that on the 24th day of July, 1887, I was in said Schooner off West River, Prince Edward Island, when the boats and seines of Schooners Col. Jonas II. French and Argonaut were captured by ('anadian ('utter. Vy vessel being the nearest one to them at that time.

Seeing mackerel schooling near my vessel I ascertained my distance from shore by taking bearings, found that re were five miles and a quarter from the nearest land. East Point, P. E. I., bearing N. by E. :34, E. and Souris Head, bearing N. \. by 1.1., W., we then went for the mackerel. The boats of the said Schooners passed my vessel and cast

wa

nearer the land than where my seine was cast, which

near above mentioned bearings and distance from shore, we were about an hour pursing our seine and getting the mackerel aboard of my schooner when I again took her bearings and found East Point bore N. by E. 17. E. and Souris Ilead bore West by X. 1., N. We were then three miles and a half from land and I then saw that the trgowut's boat, Capt. Sprague, was about the same distance inside my vessel toward the shore as when he first cast his seine viz: a quarter of a mile having drifted the same distance toward the land which we had, which was about two miles, this was the effect of the tide there being scarcely wind enough to move il vessel under sail. Tbout ten minutes after I took my last bearings the ('utter came out towards 11s from the land. Vy next observation of her she haid possession of one of the boats which was about a quarter of a mile inside of us from the bearings I had taken.

I should say that the seine boats and seines of both the Schooners digoncanut and ('0l. Jonas II. French were fully three miles from the land when taken. I understand the operation of a taffrail log which is by a l'an-like propeller imalement in the water which is connected with an index face on the tallrail. In light winds the instrument in the water will harily twn at all. Ind in case the Cutter nised a log of this character on that day to ascertain the distance, it could not have registered it correctly, as at that time there was scarcely wind enough for a sailing vessel to make a knot an hour. Our vessel did not have vind enough to vive her storage war.

JOHN S. STAPLES.

(OVYOTELLTIL OF VLASSICIILSETTS, Esse....5:

Subscribe andivorn to this ninth lax of Ingust, J. D. ISS7, before me,

DAVID W. LOWE,

EXHIBIT 18.

Affidavit of William F. Haris.

I, William F. Harris, formerly of Gloucester, now of Rockport, Essex County, Massachusetts, being duly sworn, on oath depose and say as follows:

I am now employed by the United States Fish Commission as a fish culturist, being now engaged on the Schooner Grampus in connection with the work on Ten Pound Island in Gloucester harbor.

I was master of Schooner Col. J. H. French of said Gloucester on July 24, 1887, and on August 6, 1887, I made affi davit regarding the facts in connection with the seizure of the seine boat, the seine, and two of the crew of said Schooner Col. J. H. French, and I now make the following affidavit which is supplementary thereto.

After the seizure on July 24, 1887, it being apparent that the Canadian Cutter intended to seize the schooner under my command, and it being impossible to secure another seine and boat with which to prosecute the mackerel fishery, I set sail for Gloucester. I stood far out to sea in order to avoid capture, and at the end of eight days, after severe suffering on the part of myself and crew on account of the lack of water, we arrived at Gloucester. On arriving there I received notice through the press and also from the owners of the schooner, that the Canadian authorities had given public notice of their intention to seize the schooner Col. J. II. French wherever she could be found outside the territorial waters of the United States.

The direct money loss to the vessel's stock which resulted from this seizure and the breaking up of this particular trip, I estimate to be at least $6,500. In adclition, the direct making a total loss for the year of $20,500. I base this estimate upon the following considerations:

First, the schooner under my command was fully fitted out and carried about 550 barrels. It the time of the seizwe mackerel were plentiful and there was every reason to believe that the vessel could have secued a fare of fish within a few days, which would have been about 500 harrels of mackerel at a price from $14 to $20 per barrel. I had been master engaged in the mackerel fishery for many years, and had been in command of the schooner ('01. J. H. Fruch for at least five years from 1892 to 1987, and during that time the stock of the schooner in the mackerel fishery varied each year between $10,000 and $20,000.

Second, there were engaged in the mackerel fishery that year at least the following schooners of which I have memory, namely: Schoonei's S. F. Joker, llice (. Jordan, Ilarry G. French, Ralpli 1Lodgdon, Crittenden, Senator JI oryal, Ilewy Dennis, Isaur. A. Chapmum, l'esta, Jayflowrey, Joh IT. Brm. Eduard E. IT'obster, The Gatherer. Edith, Poire, and Thetis. Of these schooners the catch at this particular time at which this seizure was made and my trip broken up, was between :300 barrels for the smallest catch up to exceeding 500 barrels for the largest catch, and to the best of my recollection, no one of these schooners matte for this season a stock less than $7,000, and the highest took of any of them was in the neighborhood of $2.5.000.

Third, the total receipts of mackerel at the port of Gloucopster during the month of Jugust alone in the year 1987, was 7,999) barrels, and the price per barrel varied from

10.30 11 to $28.00. I know from my experience in the mackerel Haber that while the fishery is uncertain, still the

virag stock of a mackerel matcher under command of an able master at this period ought not to fall below $7.000 for i poor year, and friently reached the sum of $15,000 or $20,000, and has been known on many casions to go as Fourth, I base my estimate not only upon the foregoing facts, but also have taken into consideration the facts set forth in the affidavits of other mackerel catchers which are annexed hereto,' and hereby certify that said affidavits are substantially in accord with my recollection of the facts.

After the vessel returned to Gloucester in 1887 it was at least six weeks before I could secure a crew with which to proceed on another voyage in the Schooner Col. J. II. French. The widely known threats of the Canadian Government to seize the schooner made it almost impossible to secure a crew. It was impracticable on account of danger of seizure to proceed to any fishing grounds anywhere in the vicinity of the Canadian shore. For the rest of the year 1887 and for years afterwards, the Schooner Col. J. H. French did not make a successful yearly stock which she had been regularly making before. It was impossible to employ the schooner in the mackerel fishery in the Gulf of St. Lawrence and adjacent waters. I estimate the yearly loss to the schooner from the time of the seizure up to the time she was lost at sea in 1894, a period of six years, solely on account of these threats of the Canadian Government, the schooner's virtual exclusion from the best fishing grounds, and the consequent difficulty of securing a crew, to be at the least calculation *8,000 per year. I had the experience while master of the schooner after this seizure year after year of lying at the wharf, finding it almost impossible to secure a crew. Fishermen would not go in the schooner because she was barred from the best fishing grounds, and also because they were under the impression that the schooner was likely to be seized at any moment by the Canadian cruiser, her trip broken w, and her crew arrested.

WILLIAM F. HARRIS. Subscribed and sworn to at Gloucester, January 1, 191.3, before me, [SEAL.]

FREDERICK II. TUR,

Notary Public

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