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The evidence upon which the condemnation of the property er these schooners was based cannot be produced. I enclose herewith a letter signed by the Prothonotary of the Supreme Cout of Prince Edward Island, to the effect that if such evidence could be located at all it would be among the judgments of the late Chief Justice Palmer; and I also enclose a letter from one of the sons and executors of Chief Justice Palmer stating that he has been unable to locate anything in his father's legal files relative to these cases. His search was a protracted one, and the absence of his brother, Vr. II. James Palmer, from this city has been responsible for my delay in replying to the Department's instruction. In my judgment the representatives of Great Britain or ('anada vould find it well-nigh impossible to show the testimony upon which the condemnations were founded.
Copies of the above letters have been retained in this consulate. I charge of two dollars and fifty cents, made by Captain Palmer for his pains in examining his father's judgments, has been included under the contingent expense accounts of the consulate.
With reference to the legal procedure in the cases, the only records upon the formal books of the l'out are those already transmitted to the Department hy my despatch dated November 14, 1912, upon the assuance of the Prothonotary that they constituted the sole authentic registry of the cases. This assurance vas reiterated upon my second application made after receiving the Department's instruction of December 12, 1912?; but the Prothonotary consented to search among the loose papers stored away in the vaults of the l'ourt, und discovered a packet containing the following documents:
Affidavit of marshal and in a sales and expenditure, digowant and French.
\ffidavit iud counts of marshal (memorandum sum
Orders for payment to the Receiver General of Canada, receipts from property of Argonaut and French.
Accounts of marshal's fees.
Affidavits of masters of Argonaut and French, made at Gloucester, Massachusetts.
Orders for hearing.
The memorandum of accounts mentioned above may be summarized as follows:
dollars; and as I am unable to distinguish the essential ones
American Consul. Enclosures :
Letter of W. J. Morson.
SUPREME COURT OF PRINCE EDWARD ISLAND,
CHARLOTTETOWN, P. E. I.,
January 3r1, 1913. W. FROST, ESQ., America Consul,
Charlottetown, P. E. I.
Re Argonaut ord Col. Jonas Il. French.
DEAR SIR: I beg to inform you that there is not in this office any record of the evidence given by the witnesses at the trial of these cases.
It that time there was no stenographer employed in the ('ourt, and the evidence given by witnesses was taken down by the trial Judge, the late Chief Justice Palmer. The practice was for the Judge to take the evidence down, but he kept it himself, and it was never filed in the Court. So far as I am aware the evidence in this case was so taken down.
The late Chief Justice Palmer died in the fall of 1889, and his papers should be in the possession of his son, who I understand was his executor. I have the honour to be Your obedient servant,
Edw. Palmer to the American Consul.
H. James Palmer, K. C.,
Notary Public, &c.
CHARLOTTETOWN, P. E. ISLAND,
January 30, 1913.
WESLEY FROST, Esq.,
American Consul for P. E. I.
Edw. PALMER, Capt.,
late Chief Justice Palmer.
The Deputy Minister of Fisheries to James G. Tarr, David
Tarr, and John Chisholm.
GENTLEMEN: I have the honor to acknowledge the receipt of your letter of 30th ulto., asking that the sale of boats and seines seized from the 1. S. vessel Argonaut and Col. J. II. French for violation of the stipulations of the treaty of 1818 be stayed until
You byo bod
wity of off
munication has been transferred to the Minister of Justice, who will deal with the matter.
I have the honor to be, Gentlemen,
Your obedient servant,
Deputy Minister of Fisheries. Messrs.
James G. Tarr,
The Deputy Minister of Fisheries to James G. Tarr, Darid
Tarr, ad John Chisholm.
DEPARTMENT OF FISHERIES, CAXADA,
OTTAWA, 11th April, 1858. GENTLEMEN: With further reference to rour communication of the 31st of Varch last, representing that the boats and seines of the fishing schoouers Argonaut and Col. J. H. French, which have been condemned by the Vice-Admiralty ('ourt, at Charlottetown, were not, at the time they were seizeit, either fishing or preparing to fish, and further stating that you had no notice of the time set for the trial of the cases, and no opportunity of being heard. I am directed by the Minister of Marine and Fisheries to say that he has no desire to take advantage of the or parte judgments which have already been obtained. The is therefore willing, , potwithstanding the long delay, to have the cases opened up, upon your giving security for costs in the usual manner.
If the facts all its stated in your letter, they would ap