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The manner of taking the evidence in the causes, whether by viva voce testimony or by commission, as suggested in your letter, may be arranged after the judgments have been removed, and you have put in any defense you may wish to raise.

The Department of Justice will assist you in every way in having your evidence before the Court.

Mr. E. J. Hodgson, Q. C., Charlottetown, P. E. I., is the. professional Agent of the Department of Justice there, and has charge of the proceedings on behalf of the Crown. Will you kindly instruct your solicitors to communicate now with Mr. Hodgson.

I have the honor to be, Sir,

Your obedient servant,

Messrs. James G. Tarr,
David Tarr, &
John Chisholm,

JOHN TILTON, Deputy Minister of Fisheries.

Gloucester, Mass.

EXHIBIT 24.

The Deputy Minister of Fisheries to James G. Tarr, David Tarr, and John Chisholm.

DEPARTMENT OF FISHERIES, CANADA,
OTTAWA, 24th April, 1888.

GENTLEMEN: Adverting to my letters of 13th and 14th instant in reply to yours of the 30th ultimo, I have now the honor to inform you that the Marshal of the Admiralty Court of Prince Edward Island has advertised the Seines and Boats to which your Petition, previously acknowledged, has reference, to be sold at Souris on Tuesday the 2nd of

you so desire, take the steps indicated by my letter of the 14th instant to re-open the case.

I have the honor to be, Gentlemen,

Messrs.

Your obedient servant,

James G. Tarr,

David Tarr,

John Chisholm,

Gloucester, Mass.

Messrs.

JOHN TILTON,

Deputy Minister of Fisheries.

The Deputy Minister of Fisheries to James G. Tarr, David Tarr, and John Chisholm.

EXHIBIT 25.

DEPARTMENT OF FISHERIES, CANADA,
OTTAWA, 2nd May, 1888.

GENTLEMEN: Reverting to my previous letters on the subject, I beg to inform you that the sale of the condemned boats and seines of the schooners French and Argonaut has been postponed till the 17th instant, thus affording you ample time to make the necessary application to the ViceAdmiralty Court at Charlottetown, to have the case reopened, on the terms stated in my letter of the 14th April, should you decide on this course.

Please acknowledge the receipt of this letter.

I have the honor to be, Sir,

James G. Tarr.

David Tarr, and

Your obedient servant,

JOHN TILTON,

Deputy Minister of Fisheries.

EXHIBIT 26.

James G. Tarr, David Tarr, and John Chisholm to the Deputy Minister of Fisheries.

GLOUCESTER, MASS., U. S., May 9th, 1888.

SIR: I have the honor to acknowledge receipt of your letter of 13th, 14th, and 24th of April and of 2d May, 1888.

When our protest against the action of Her Majesty's Vice-Admiralty Comt in condemning and ordering the Sale of the boats and seines of Schooners Argonaut and Col. J. H. French for alleged violation of the treaty of 1818 was prepared the middle of November last and sent to Consul General Phelan to be dated and filed in said Court, if nec essary, we supposed the Court was to take immediate action, and were then prepared to furnish additional evidence showing that the boats and seines were outside of the threemile limit when captured. Since receiving your communications in regard to the matter we delayed answering until we obtained information from Halifax, and State of Maine, we find that important witnesses to the seizure are away to sea, which prevents our obtaining, for an indefinite time the evidence which was obtainable last Fall or Winter.

We are of the opinion that the condition of the boats and seines, from the long delay since their seizure, must be such as not to warrant the expense of the costs in the case and a long wait for the final action by the Court.

We have the honor to be, sir,

Your obedient servants,

To Hon. JOHN TILTON,

Donutu Minister of Fisheries

JAMES G. TARR.
DAVID TARR.

JOHN CHISHOLM.

EXHIBIT 27.

Affidavit of F. F. Dimick.

I, F. F. Dimick, of Boston, in the County of Suffolk and Commonwealth of Massachusetts, being duly sworn, on oath depose and state as follows:

i

I am secretary of the Boston Fish Bureau located at said Boston, and have held said position for more than twenty years. The said Boston Fish Bureau has among its records the records of the gross stocks of many of the vessels engaged in the mackerel fishery for the years 1880, 1881, 1882, 1883, and 1893. The Boston Fish Bureau has no records for the years 1884, 1885, 1886, 1887, 1888, 1892, and of the other years the records are only fragmentary. The statement following, showing the names of the schooners, the number of barrels caught, the gross or net stock of each schooner, and the year when the catch was made, is a transcript from the books of the Boston Fish Bureau, and is, to the best of my knowledge and belief, full and accurate in every respect. The list, however, includes only a portion of the vessels engaged in the mackerel fishery each year, as the fleet in some years numbered more than a hundred vessels.

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Ed. E. Webster...
Nellie W. Rowe.
Volunteer

Ed. E. Webster.... 3,922 fresh, 2,476 cured

Nellie N. Rowe...

Wm. M. Gaffney.
Leona

Abbie M. Deering..
Fannie A. Spurling
Elsie M. Smith....
Eliz. W. Smith...
Ellen M. Sawyer...

2,300

2,300

2,300

2,450 cured

1881.

Alice Truro.

Fannie A. Spurling 1.650 fresh, 2,069 salt...

Eliz. W. Smith.... 1,925 fresh,
Titmouse

1.777 salt..
1,198 salt..

1,500 fresh,

1882.

800 fresh.

[blocks in formation]

1883.

2.160 pickled. . . (28,700.
(27.700.

1,200 pickled..
909 pickled.

est.) 25,700.
est.) 24,700.

. (15,000. est.) 12,000.
(15,000. est.) 12.000.
(18,000.
16.892.

est.)

15,000.

13.892.

1,005 fresh,
900 fresh.
994 pickled

(16315.

B3.315.

... (13.261.

10.261.

600 fresh. 1,044 pickled. . . ( 12,376.

9.376.

(12,000.

9,000.

est. )

est.)

est.)

est.)

est.)

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