Papers Relating to the Foreign Relations of the United States, Transmitted to Congress, With the Annual Message of the President, December 3, 1888, Part II

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 herein 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 furniture and against all persons intervening for their interest therein, in a cause of forfeiture, 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 schooner, 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, became 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 honorable 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 answer the premises, and all due proceedings being had, that the said schooner or vessel, her tackle, apparel, boats, cargo, and furniture, may, for the causes aforesaid and others appearing, be condemned by the definite sentence and decree 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 forthwith the following monition:

District of Alaska, sct.
The President of the United States to the Marshal of the District of Alaska, greeting:

Whereas a libel of information hath been filed in the district court of the United States for the District of Alaska on the 28th day of August, in the year 1886, by M. D. Ball, United States attorney for the District aforesaid, on behalf of the United States of America, against the schooner Carolena, her tackle, apparel, boats, cargo, and furniture, as forfeited to the use of the United States for the reasons and causes in the said libel of information mentioned, and praying the usual process and monition of the said court in that behalf to be made, and that all persons interested in the said schooner Carolena, her tackle, apparel, boats, cargo, and furniture, etc., may be cited in general and special to answer the premises, and, all proceedings being had, that the said schooner Carolena, her tackle, apparel, boats, cargo, and furniture, may, 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 having anything to say why the same should not be condemned and sold pursuant to the prayer of the said libel of information, that they be 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, then and there to interpose a claim for the same and to make their allegations in that behalf.

And what you shall have done in the 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 thereof affixed at the city of Sitka in the district of Alaska, this 28th day of August, in the year of our Lord one 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, ss:

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 Corwin.

That affiant and the following-named officers and men of said Corwin are material and necessary witnesses for the United States in the above-entitled action, to wit: J. C. Cant well, lieutenant; Thos. Singleton, seaman; 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 Corwin 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 greater distance than one 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 affiant and said witnesses 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 courts 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, case No. 50; schooner Carolena case No. 51; schooner Onward, case No. 49; schooner San 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 United States herein, it is ordered that the depositions of the witnesses C. A. Abbey, J. W. Howison, J. C. Cantwell, J, U. Rhodes, J. H. Douglass, C. T. Winslow, Albert Leaf, C. Wilhelm, Thos. Singleton and T. Lorensen be taken before the clerk of the said district court on Tuesday, the 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 Monroe, and Charles E. Raynor, and upon W. Clark, esq., attorney-at-law, on or before September 7th at 12 m., and that such shall be due and sufficient 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 greeting: 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, ss:

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 Carolena. 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, thereafter, 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 the above-entitled action on September 6th, 1886, directing that the testimony and depositions of said witnesses be taken before me at said first mentioned time and place and at such subsequent times as the taking of the same might be continued to by me, 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 taking 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 jurisdiction 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 Corwin 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 her boats were.

I then ordered her to be seized by Lieut. Cantwell for killing fur seal in the waters of Alaska, took her in tow, and proceeded to hunt up her boats, all four of which I found with freshly-killed fur seal in them, arms, ammunition, and hunters, some of whom I saw shooting at the seal in the water. These boats all went on board the 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 Isaac Anderson, of Ounalaska; the cargo of fur seal skins being stored in “Keuch,” in one of the warehouses of the Alaska Commercial Company and under seal. The arms and ammunition of this vessel I took on board the Corwin and brought to Sitka and delivered into the custody of the U. S. marshal there.

The vessel, tackle, furniture, aud cargo are now in the custody of the U. S. marshal 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?—A. It did.

Q. Did this occur within the waters of the sea navigable for vessels of ten (10) tons burden or over?—A. It did.

C. A. Abbey.

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,
Clerk.

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

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

Q. Were you so on the 1st day of August last?—A. I was.

Q. State what occurred on that day in the line of your duty.—A. A schooner was sighted from the Corwin 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 Corwin 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 schooner Carolena, of Victoria, B. C. (Said certificate is dated March 21st, 1870, and represents said schooner as of 3, 190 tons burden, and owned by Francis Armstrong, at Victoria, B. C.) This paper marked (Ex. J) is the bill of health of said schooner. (Said bill of health is dated at Victoria, B. C., May 19th, 1886, and represents said schooner Carolena as then ready to depart for Behring Sea and Okhotsk Sea and other places beyond the sea, with James Ogilvie, master, and eleven persons, including said master.) This paper marked (Ex. K) is the coasting license of said schooner. (Said license is in the usual form, to James Ogilvie, master of the schooner 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 schooner. (Said clearance is for said schooner as of 3,190 tons, navigated with eleven men, James O vie, master, hound 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 whichpapers were found on board the Carolena at the time of seizure and taken possession of by me.

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.

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, Lient. 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 rifles, 1 musket, 5 shotguns, 171 shotgun cartridges, 353 rifle cartridges, 14½ bags buck-shot, ½ bag of bullets, 40 bags of wads, 21 boxes wads, 13 boxes primers, 1½ boxes of caps, 91 1bs. powder.

Q. Were 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 has all been delivered to the U. S. Marshal at Sitka, and is now in his custody.

John U. Rhodes.

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,
Clerk U. S. Dist. Court.

[seal.]

J. H. Douglass being duly sworn deposes and says:

Q. State your name, age, and occupation.—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 Corwin.

Q. State what experience you have had 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 officer 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 Corwin on the 1st day at August, 1886, when the Carolena was seized. I was sent on board the Carolena right after the seizure, and saw a number of dead fur seal on deck and some of them had fur on them. Saw also some fresh fur-seal skins in the boats.

Thomas Singleton.

Subscribed and sworn to before me this 8th day of September, 1886, after having been read over by me to deponent.

[seal.]

Andrew T. Lewis,
Clerk U. S. Dist. Court.

in the united states district court in and for the district of alaska united states of america.

The United States vs. The schooner Carolena. No. 51.

Whereas on the 6th day of December, 1886, the said district court duly made and entered in the journal of said court an order in the above-entitled action, directing that the testimony and depositions of the witnesses, C. A. Abbey, J. C. Cantwell, J. U. Rhodes, J. H. Douglass, and Thomas Singleton, be taken before me, the clerk of said court, at the time or times and place and upon such notices as are specified in said order:

Now, therefore, this is to certify that, in pursuance of said order, on September 7th, 1886, at 7 o’clock p.m., each and all of the above-named witnesses appeared before me at the clerk’s office of said court afc Sitka, district of Alaska, United States of America; that M. D. Ball, esq., dist. attorney of said court and district, and W. H. Payson, esq., appeared then and there on behalf of and as attorneys and proctors for the United States, the libellant herein; and W. Clark,esq.,then and there appeared on behalf of and as attorney and proctor for the said schooner and her owners; and James Blake then and there appeared in pursuance of notice served upon him.

That I was unable to complete the taking of said depositions on said 7th day of September, 1886, and I continued the taking thereof on the 8th and 9th of September, 1886, and completed the same on said last-named day. That the said parties by their said attorneys and proctors then and there appeared and were present on each of said last-named days and at all times during the taking of said depositions. That each of said witnesses was then and there first duly cautioned and sworn by me, that the evidence he should give in said action should be the truth, the whole truth, and nothing but the truth, and thereafter each of said witnesses was then and there examined before me, and I then and there took down the statement and testimony of each of said witnesses, and reduced the same to writing in his presence, and then and there read the same over to him; and he then and there, after the same had been so reduced to writing and read over to him, subscribed the same in my presence, and swore to the truth thereof.

In witness whereof I have hereunto set my hand and the seal of said district court this 9th day of September, 1886.

[seal.]

Andrew T. Lewis,
Clerk of the U. S. District Court in and for the District of Alaska, United States of America.

On September 20th, 1886, was filed the following amended libel of information:

in the united states district court in and for the district of alaska united states of america. august special term, 1886.

To the honorable Lafayette Dawson,
Judge of said district court:

The amended 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 own proper person, in the name and on behalf of the said United States, alleges and informs as follows, to wit:

That C. A. Abbey, an officer in the revenue marine service of the United States, duly commissioned by the President of the United States, in command of the United States revenue-cutter Corwin, and now on special duty in the waters of the district of Alaska, heretofore, to wit, on the 1st 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, within the waters of that portion of Behring Sea belonging to the United States and said district, on waters navigable from the sea by vessels of ten or more tons burden, seized the schooner Carolena, her tackle, apparel, boats, cargo, and furniture, being the property of some person or persons unknown to said attorney. The said property is more particularly described as follows, to wit.

1 schooner Carolena, of Victoria, B. C., 4 canoes, 1 yawl, carpenter’s tools, clock, chronometer, nautical instruments, sails and running gear, 2 anchors, ropes, twine, oars, paddles, rowlocks, &c.; lamps, tanks, provisions, 685 fur seal skins, 12 pup seal skins, 1 hair seal skin, 4 rifles, 5 shotguns, and ammunition for same, and all other property found upon or appurtenant to said schooner.

That said C. A. Abbey was then and there duly commissioned and authorized by the proper department of the United States to make said seizure.

That all of said property was then and there seized as forfeited to the United States for the following causes:

That said vessel, her captain, officers, and crew were then and there found engaged in killing fur seals within the limits of Alaska Territory, and in the waters thereof, in violation of section 1956 of the Revised Statutes of the United States.

That all the said property, after being seized as aforesaid, was brought into the port of Ounalaska, in said Territory, and delivered into the keeping of Isaac Anderson, a deputy U. S. marshal of this district, with the exception of the said arms and ammunition, which latter were brought into the port of Sitka, in said district, and turned over to the U. S. marshal of this district, and all of said property is now within the judicial district of Alaska, United States of America.

And the said M. D. Ball, attorney as aforesaid, further informs and alleges:

That on the 1st day of August, 1886, James Blake and certain other persons whose names are to said U. S. attorney unknown, who were then and there engaged on board of the said schooner Carolena under the direction and by the authority of James Ogilvie, then and there master of said schooner, engaged in killing and did kill, in the Territory and district of Alaska, and in the waters thereof, to wit, 20 fur seals, in violation of section 1956 of the Revised Statutes of the United States, in such cases made and provided.

That the said 685 fur-seal skins, 12 pup-seal skins, and 1 hair-seal skin, and other goods so seized on board of said schooner Carolena constituted the cargo of said schooner at the time of the killing of said fur seals and at the time of said seizure.

And said attorney saith that all and singular the premises were and are true and within the admiralty and maritime jurisdiction of the United States and of this honorable court, and that by reason thereof, and by force of the statutes in such cases made and provided, the aforementioned schooner, being a vessel of over 20 tons burden, and her said tackle, apparel, boats, cargo, and furniture, became and are forfeited to the use of the United States.

Wherefore the said attorney prays that the usual process and monition of this honorable court issue in this behalf against said schooner and all said hereinbefore described property to enforce the forfeiture thereof, and requiring notice to be given to all persons to appear and show cause, on the return day of said process, why said forfeiture should not be decreed, and that after due proceedings are had, all of said property be adjudged, decreed, and condemned as forfeited to the use of the United States, and for such other relief as may be proper in the premises.

M. D. Ball,
U. S. Dist. Attorney for the District of Alaska.

Dated September 20th, 1886.

On the same day was filed the following claim by proctor for owners:

in the united states district court for the district of alaska. in admiralty.

In the matter of the libel of information against the schooner Carolena, her tackle, apparel, furniture, and cargo. Claim by proctor for owners.

And now W. Clark, the duly authorized proctor for Munzie & Co., owners of the property above named, intervening for the interest of the said Munzie & Co., of Victoria, B. C., owners of the said schooner Carolena, her tackle, apparel, furniture, and cargo, as set forth in the libel of information herein, appears before this honorable court and makes claim to the said schooner Carolena, her tackle, apparel, cargo, and furniture, as set forth in the said libel of information, and as the same are attached by the marshal under process of this court at the instance of M. D. Ball, esq., U. S. dist. attorney for the district of Alaska.

And the said W. Clark, proctor as aforesaid, avers that the said Munzie & Co. were in possession of the said schooner Carolena at time of the attachment thereof, and that tne said Munzie & Co. above named are the true and bona-fide owners of the said schooner Carolena, her tackle, apparel, cargo, and furniture, as seized by the marshal as aforesaid, and that no other person is the owner thereof.

Wherefore he prays to defend accordingly.

W. Clark.

W. Clark &. D. A. Dingley,
Proctors for Claimant.

On the same day was filed the following demurrer:

in the united states district court for the district of alaska.

United States vs. Munzie & Co. and schooner “Carolena.” Demurrer.

The demurrer of Munzie & Co., claimants of the property proceeded against in the above cause, to the amended information filed herein.

1st. The said claimant by protestation, not confessing all or any of the matters in said amended information contained to be true, demurs thereto and says that the said matters in manner and form, as the same are in said information stated and set forth, are not sufficient in law for the United States to have and maintain their said action for the forfeiture of the property aforesaid.

2d. The said claimants by protestation deny that this court has jurisdiction to determine or try the question hereby put in issue.

3d. And that said claimants are not bound in law to answer the same.

Wherefore the said claimants pray that the said information may be dismissed with costs. -

W. Clark & D. A. Dingley,
Proctors for Claimants.

Which was overruled by the court.

On the same day was filed the following answer:

in the united states district court for the district of alaska.

United States vs. Munzie & Co. and schooner “Carolena.”—Answer.

The answer of Munzie &, Co., owners and claimants of the said schooner Carolena, her tackle, apparel, furniture and cargo, as the same are set forth in the information filed herein in behalf of the United States.

And now come Munzie & Co., claimants as aforesaid, and for answer to said information against the said schooner Carolena, her tackle, apparel, and cargo as set forth in said information say that the said tackle, apparel, and cargo as set forth in the information mentioned, did not nor did any part thereof become forfeited in manner and form as in said information in that behalf alleged, or at all.

Wherefore the said claimants pray that said information be dismissed with costs to these claimants attached.

W. Clark & D. A. Dingley,
Proctors for Claimants.

On the 22d day of September, 1886, were filed the following exceptions to answer:

united states district court, district of alaska, united states of america.

United States vs. The Schooner Carolena. No. 51.

The said libellant hereby excepts to the sufficiency of the defendants’ answer herein, on the following grounds:

1st. Said answer is not properly or at all verified, as required by Rule 27 of the U. S. Admiralty Rules.

2nd. Said answer is not full, explicit, or distinct to each or any allegation of the libel herein, as required by said rule.

3rd. Said answer does not deny or admit any of the allegations of fact in said libel, but merely denies a conclusion of law.

M. D. Ball & W. H. Payson,
Proctors for libellant.

September 21st, 1886.

Which exceptions were sustained by the court, and on the same day was filed the following amended answer:

in the united states district court for the district of alaska. in admiralty.

United States vs. Munzie Co. and Schooner Carolena. Amended ansicer.

To the honorable Lafayette Dawson,
Judge of the U. S. District Court for the District of Alaska:

James Blake, the duly authorized mate of the schooner Carolena, for Munzie & Co., intervening in the interest of and on behalf of said Munzie & Co., owners and claimants of said schooner Carolena, her tackle, apparel, furniture, and cargo for amended answer to the libel of information herein against said schooner, her tackle, apparel, furniture, and cargo, alleges as follows:

1st. That he denies each and every material allegation in said libel of information contained.

2nd. Denies that the said schooner Carolena, her tackle, apparel, furniture, and cargo, and the property appertaining thereto, as set forth in said libel of information, or any part thereof became forfeited to the United States.

3rd. Denies that said schooner, her captain, officers, and crew or any one of them were found engaged in killing fur seal within the limits of Alaska Territory and within the waters thereof in violation of section 1958 of the Revised Statutes of the United States, as set forth in said libel of information or at all.

4th. Denies that they killed any number of fur seal or other fur-bearing animals within the waters of Alaska or within said Territory of Alaska or in part thereof.

5th. That all and singular the premises herein set forth are true.

Wherefore he prays that this honorable court will be pleased to pronounce against the libel herein and that the same may be dismissed with costs to these claimants to be taxed.

W. Clark and D. A. Dingley,
Proctors for Claimants.

United States, District of Alaska, ss.

James Blake, being first duly sworn upon his oath, says:

I am the mate of said schooner intervening for the within-named claimants. That I have read the foregoing answer and know the contents thereof and that the same is true as I verily believe.

James Blake.

Subscribed and sworn to before me this 22d day of September, A. D. 1886.

Andrew T. Lewis,
Clerk of the U. S. Dist. Court for the District of Alaska.

On the 4th day of October, 1886, the following return was made to the monition heretofore cited, page 5:

Sitka, District of Alaska, ss.

Be it remembered that, in obedience to the annexed monition, I have attached the within-described property and now hold the same in my possession subject to the order of this honorable court.

And I have given due notice to all persons claiming said property to be and appear before this district court on the 4th day of October, 1886, at 10 o’clock a.m., if the same shall be a day of jurisdiction, otherwise on the next day of jurisdiction thereafter, then and there to make their claim and allegations in that behalf.

And I have, as ordered by the said court, caused said notice to be published, and the same has been published in the Alaskan, a newspaper published at Sitka, in said district, on the 4th day of September, 1886, and in each issue of said newspaper subsequent thereto, until said 4th day of October, 1886.

Barton Atkins,
Marshal Dist. of Alaska.

Sitka, Alaska, October 4th, 1886.

On the same day was fixed the following decree:

in the united states district court in and for the district of alaska, united states of america.

United States vs. The Schooner “Carolena.” No. 51.

The marshal having returned on the monition issued to him in the above-entitled action that in obedience thereto he has attached the said schooner Carolena, her tackle, apparel, boats, cargo, and furniture, and has given due notice to all persons claiming the same to appear before this court on this 4th day of October, 1886, at 10 o’clock a.m., at the District of Alaska, United States of America, then and there to interpose their claims and make their allegations in that behalf; and W. Clark, esq., proctor for Munzie & Co., of Victoria, B. C., having heretofore filed a claim to all of said property, on behalf of said Munzie &, Co., the owners of said property, and no other persons having appeared and no claims or allegations having been made or filed herein by any other person or persons, and the usual proclamations having been made, and said cause having been heard upon the pleadings and proofs, M. D. Ball, esq., and W. H. Payson, esq., appearing as advocates for said libellant, and W. Clark, esq., as advocate for said claimants; and said cause having been submitted to the court for decision, and due deliberation being bad in the premises, it is now ordered, sentenced, and decreed as follows:

1st. That all persons whatsoever other than said claimants be and they are hereby declared in contumacy and default.

2d. That said schooner Carolena, her tackle, apparel, boats, and furniture, and her cargo of 685 fur-seal skins, 12 pup-seal skins, audi hair-seal skin, and all other property found upon or appurtenant to said schooner, be and the same are hereby condemned as forfeited to the use of the United States.

3rd. That unless an appeal be taken to this decree within the time limited and prescribed by law and the rules of court, the usual writ of venditioni exponas be issued to the marshal commanding him to sell all the said property and bring the proceeds into this court to be distributed according to law. Costs, to be taxed, are awarded against said claimants.

Lafayette Dawson,
District Judge,

Dated October 4th, 1886.

Done in open court this 4th day of October, 1886, at Sitka, District of Alaska, United States of America.

Andrew T. Lewis,
Clerk.

On the same day was filed the following motion to set aside decree:

in the united states district court for the district of alaska.

United States vs. Munzie & Co. and schooner “Carolena.” Motion to set aside decree.

Now come W. Clark and D. A. Dingley, proctors intervening for and in behalf of the claimants herein, and move the court to set aside the decree rendered herein for the reason that the evidence produced on behalf of the United States is wholly insufficient upon which to base said decree.

W. Clark & D. A. Dingley,
Proctors for Claimants.

Which motion was overruled by the court, and on the same day was filed the following notice of appeal:

in the united states district court for the district of alaska.

United States vs. Munzie Co. and schooner “Carolena.” Notice of Appeal.

And now come W. Clark & D. A. Dingley, proctors for and in behalf of the claimants herein and notify this honorable court that they hereby appeal from the decree rendered herein to the circuit court having appellate jurisdiction over this district and that said appeal is taken upon questions of law and fact, and pray the court for an order on its clerk to prepare a completed transcript of the record herein, as the law requires.

W. Clark & D. A. Dingley,
Proctors for Claimants.

On the 9th day of February, 1887, was entered the following order:

In the matter of the United States vs. schooner Onward, No. 49; schooner Thornton, No. 50; schooner Carolena, No. 51; schooner San Diego, No. 52; arms and ammunition schr. Sierra, No. 57, arms and ammunition schr. City of San Diego, No. 58.

In the above causes, upon motion of the attorney for the United States and argument of counsel for the United States and for the interveners in said causes, and consideration by the court, it is this day ordered that writs of venditioni exponas do issue from the clerk of said court to the marshal of said district, for the sale of the attached vessels, with their tackle, cargoes, and furniture of whatsoever description, and of the arms and ammunition attached in said causes, and as to said attached vessels that the sale of the same (except the schooner San Diego, which shall be sold at Sitka), shall be made at Port Townsend, in the district of Washington Territory, and as to the seal skins, part of the cargoes of said vessels attached, that sale of the same shall be made at San Francisco, in the District of California, and that sale of said schooner San Diego, and all the other attached property be made at Sitka, in the district of Alaska. Thirty days’ notice of such sales to be given at each of the places where the same are to be made, by posting such notice, or by publication in some newspaper published at such places respectively. And that said marshal do have the moneys arising from such sales, together with the writ commanding the same, at a district court of the United States for this the said district of Alaska, to he held on the first Monday in September, 1887, and that he then pay the same to the clerk of said court.

Clerk’s Office U. S. Dist. Court, District of Alaska,
Sitka, March 10, 1887.

I, Andrew T. Lewis, clerk of the United States district court for the district of Alaska, do certify that the foregoing transcript of the record in the case of the United States vs. The schooner Carolena, her tackle, apparel, &c., on libel of information, pending in said court, has been compared by me with the original, and that it is a correct transcript therefrom and of the whole of said original record, except the full text of the exhibits referred to in the testimony therein, of which the purport only is stated, and that said purport of said exhibits is correctly stated, as the same appears of record at my office and in my custody.

Witness my hand and the seal of said court the day and year above written.

[seal.]

Andrew T. Lewis,
Clerk.

[Inclosure 2.]

Transcript of record in the case of the schooner Onward.

The United States, libellant, vs. The Schooner Onward, her tackle, &c. On libel of information for being engaged in the business of killing fur-seal in Alaska waters.

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 the said districtcourt:

The libel of information of M. D. Ball, attorney for the United States for the district of Alaska, who prosecutes on behalf of the said United States, against the schooner Onward, her tackle, apparel, boats, cargo, and furniture, and against all persons intervening for their interest therein, in a cause of forfeiture, 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 second day of August, 1836, within the limits of Alaska Territory and in the waters thereof, and within the civil and judicial district of Alaska, to wit, within the waters of that portion of Behring’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 schooner, the Onward, her tackle, apparel, boats, cargo, and furniture, being the property of some person or persons unknown to said attorney, as forfeited to the United States for the following causes:

That the said vessel or schooner 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 statute of the United States in such case made and provided, the afore mentioned and described schooner or vessel, being a vessel of over twenty tons burden, her tackle, apparel, boats, cargo, and furniture, became 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 honorable court issue in this behalf, and that all persons interested in the before-mentioned schooner or vessel may be cited in general and special to answer the premises, and that all due proceedings being had, that the said schooner or vessel, her tackle, apparel, boats, cargo, and furniture, may for the cause aforesaid, and others appearing, be condemned by the definite sentence and decree of this honorable court as forfeited to the use of said United States, according to the form of the statute of the said United States in such case made and provided.

M. D. Ball,
U. S. District Attorney for the District of Alaska.

Whereupon forthwith issued the following monition:

District of Alaska, sct:

The President of the United States of America to the marshal of the district of Alaska, greeting:

Whereas a libel of information hath been filed in the district court of the United States for the district of Alaska, on the 28th day of August, in the year 1886, by M. D. Ball, United States attorney for the district aforesaid, on behalf of the United States of America, against the schooner Onward, her tackle, apparel, boats, cargo, and furniture, as forfeited to the use of the United States for the reasons and causes in the said libel of information mentioned, and praying that the usual process and monition of the said court in that behalf be made, and that all persons interested in the said schooner Onward, her tackle, apparel, boats, cargo, and furniture, etc., may be cited in general and special to answer the premises and all proceedings being had, that the said schooner Onward, her tackle, apparel, boats, cargo, and furniture may 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 Onward, 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 having anything to say why the same should not be condemned and sold pursuant to the prayer of the said libel of information, that they be 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, then and there to interpose a claim for the same and to make their allegations in that behalf.

And what you shall have done in the 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 thereof, affixed at the city of Sitka, in the District of Alaska, this 28th day of August, in the year of our Lord one 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 Onward.

United States of America, District of Alaska, ss:

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 Corwin.

That affiant and the following-named officers and men of said Corwin are material and necessary witnesses for the United States in the above-entitled action, to wit: J. W. Howison, lieutenant, C. F. Winslow, boatswain; Albert Leaf, seaman; J. C. Cantwell, lieutenant; J. H. Douglass, pilot, and J. U. Rhodes, lieutenant.

That owing to scarcity of provisions and fuel upon said cutter Corwin, the said Corwin 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 greater distance than one 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 ot affiant and said witnesses forthwith.

That Daniel Monroe was master and in possession of the said schooner Onward at the time of seizure thereof.

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, Case No. 50; Schooner Carolena, Case No. 51; Schooner Onward, Case No. 49; Schooner San 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 United States herein, it is ordered that the depositions of the witnesses C. A. Abbey, J. W. Howison, J. C. Cantwell, J, U. Rhodes, J. H. Douglass, C. T. Winslow, Albert Leaf, C. Wilhelm, Thos. Singleton, and T. Lorensen be taken before the clerk of the said district court on Tuesday the 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 Munroe, and Charles E. Raynor, and upon W. Clark, esq., attorney at law, on or before September 7th at 12 m., and that such shall be due and sufficient 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 of service:

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 Onward.

To Daniel Monroe, greeting: You are notified that by order of Lafayette Dawson, judge of said district court, the depositions of C. A. Abbey, J. W. Howison, C. F. Winslow, Albert Leaf, J. C. Cantwell, J. H. Douglas, and J. U. Rhodes will be taken before the clerk of said district court at his office in 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.

Andrew T. Lewis,
Clerk.

Dated, September 7th, 1886.

United States of America, District of Alaska, ss:

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 Daniel Monroe, at Sitka, District of Alaska, by then and there personally delivering to said Daniel Monroe a copy of said notice. And then and there gave him the privilege of being present at the taking of said depositions.

Barton Atkins,
U. S. Marshal.

Dated September 9th, 1886.

On the 10th 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.

United States vs. The Schooner Onward. No. 49.

Depositions 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, thereafter, 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 the above-entitled action on September 6th, A. D. 1886, directing that the testimony and depositions of said witnesses be taken before me at said first-mentioned time and place and at such subsequent times as the taking of the same might be continued to by me, in said action then and there pending in said district court between the United States as plaintiff and the schooner Onward 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 taking said depositions, served upon Daniel Monroe, the captain of said schooner, and in possession thereof at time of seizure, and upon W. Clark, esq., his attorney, the owners thereof being unknown and without the jurisdiction of this court.

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

I am a captain in the United States revenue-marine service, at present in command of the U. S. revenue steamer Corwin, on special duty in Alaskan waters, for the protection of the seal islands and of the Government interests generally.

Q. What were you doing and what occurred on 2nd of August last in the line of your duty?—A. Cruising in Behring Sea, about 115 miles southeast from St. George Island and in about latitude—— and longitude——between four and five o’clock in the morning, when First Lieut. J. W. Howison reported to me that there was a schooner alongside of us, which, in answer to his hail, replied that she was taking fur seals here in Behring Sea. I then directed him to seize her and place her in charge of C. T. Winslow, boatswain of the Corwin, I having no commissioned officer to spare at that time. I then got a hawser to her and proceeded to Oonalashka Harbor, where I placed the vessel, cargo, tackle, furniture, and appurtenances in charge of Deputy U. S. Marshal Isaac Anderson, of Oonalashka, the cargo of fur-seal skins being stored in “Keuch,” in one of the warehouses of the Alaska Commercial Company, and under seal.

The arms and ammunition I took aboard the Corwin and brought to Sitka, and delivered them to the U. S. marshal there. The said vessel, tackle, furniture, and cargo are now in the custody of the United States marshal of this district.

Q. Was this the vessel against which the libel of information is filed?—A. It is.

Q. Did this all occur within the waters of Alaska and the Territory of Alaska and within the jurisdiction of this court?—A. It did.

Q. Did this occur within the waters of the sea navigable for vessels of (10) ten tons burden or over?—A. It did.

C. A. Abbey.

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,
Clerk U. S. Dist. Court

J. W. Howison being duly sworn deposes and says:

Q. State your name, age and occupation.—A. J. W. Howison, am over 21 years of age, 1st lieutenant in the U. S. revenue service and executive officer on the U. S. revenue steamer Corwin and was such on the 2d of August of thisycar.

Q. State what happened on August 2nd, 1886, in the line of your duty.—A. Between 4 and 6 a.m. I spoke the schooner Onward of Victoria, B. C., and asked if they were catching seal in Behring Sea and they answered yes. I reported the same to the commanding officer of the Corwin, who ordered the vessel seized. I lowered the boat with the boatswain, C. T. Winslow, and two men and a line, pulled to the schooner and put the boatswain and two men onboard, told the captain of the schooner, Daniel Monroe, that I seized him for catching fur seal in Behring Sea. I ran a line from the Onward to the schooner Carolena already in tow and returned to the Corwin.

Q. State the place of this seizure as near as you can recollect.—A. The position is given as Lat. 55° north, and Long. 167° 40′ west; that is, about 110 or 115 miles to the south and east of St. George.

J. W. Howison.

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,
Clerk U. S. Dist. Court.

Lieut. John C. Cantwell being duly sworn deposes and says:

Q. State your name, occupation and age.—A. John C. Cantwell, 3rd lieutenant, U. S. Revenue Marine Service, at present on duty U. S. Revenue Steamer Corwin and over the age of twenty-one years—and was so during two years last past.

Q. Do you recognize this paper?—A. I do. It is the official inventory made by me on or about the 12th of August, 1886, of the furniture, tackle, appurtenances, and cargo of the schooner Onward. This inventory was made in consequence of the seizure of the vessel and gives a true and complete list of the furniture, tackle, appurtenances, and cargo of said vessel with the exception of the arms and ammunition. (Said inventory contains the usual ship’s furniture of a vessel of the class of the Onward, navigating instruments, lights, tools, sails, ship’s stores, and 400 seal skins. The receipt of I. Anderson, deputy U. S. marshal at Oonalaska, August 14th, 1886, fur said furniture, stores, and cargo, is attached thereto.)

“By witness” the item “400 seal skins” in said inventory means fur seal skins.

John C. Cantwell,
3d Lieut. U. S. R. M.

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

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. I am over the age of 21 years and a lieutenant in the U. S. revenue marine and attached to the revenue steamer Corwin.

Q. Do you recognize this paper?—A. I do. This paper marked (Ex. M) is the clearance paper of the schooner Onward, Victoria, B. C. I found this paper on the said schooner at the time of her seizure and then and there took possession of it. (Said clearance describes the Onward as a British schooner of 35.20 tons, navigated with four men, wood built, and bound for Pacific Ocean and Behring Sea, having on board ballast for fishing and hunting voyage. It is dated at Victoria, B. C., April 12th, 1886.)

Q. What arms and ammunition if any did you find aboard the schooner Onward at the time of her seizure?—A. 12 guns, 1 keg powder partly filled, 1 can powder, ½ bag of buck-shot, 2 small bags caps.

Q. What was done with these arms and ammunition?—A. They were brought to Sitka on the Corwin and turned over to the U. S. marshal at Sitka, and are now in his custody.

John U. Rhodes.

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,
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; at present on the U. S. revenue steamer Corwin; and over the age of 21 years.

Q. Was any other property seized upon the schooner Onward except what is included in the general inventory?—A. There was a box containing clothing and nautical instruments; the box was marked Daniel Monroe, master of the schooner Onward.

Q. What was done with this property?—A. I turned it over to the United States marshal at Sitka and it is now in his custody.

John U. Rhodes.

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,
Clerk U. S. Dist. Court

Charles T. Winslow, being duly sworn, deposes and says:

Q. State your name, age, and occupation.—A. My name is Charles T. Winslow; 48 years of age. I am a boatswain on the revenue-cutter Corwin, and was so on August 2nd, 1886.

Q. State what occurred on the last mentioned day.—A. At about 5 or 6 a.m. I was ordered by Lieut. Howison to go on board the schooner Onward, which he had seized, and I did so.

Q. What did you see on board, if anything?—A. About amidships on deck I saw 20 or 30 dead fur seal that had not been skinned, and some of them were bleeding. There were nine canoes on board with bloody water in them and with spears and outfit suitable for seal killing. Capt. Monroe, of the Onward, then told me he had caught 25 fur seal the day before the seizure and 125 the day before that. This was in answer to my statement that the Carolena had 75 seal in her boats.

Charles T. Winslow.

Subscribed and sworn to before me this 8th day of September, A. D. 1886, after having been read over by me to deponent.

Andrew T. Lewis,
Clerk U. S. Dist. Court.

Albert Leaf, being duly sworn, deposes and says:

Q. State your name, age, and occupation.—A. Albert Leaf; over 21 years of age, and a seaman employed on the revenue-cutter Corwin, and was so on the 2nd day of August last.

Q. What happened on the last named day in connection with the schooner Onward?— A. I was placed on board the schooner Onward by Lieut. Howison when the vessel was seized. I saw dead fur seal with fresh blood on them on the forward deck and fresh fur-seal skins on the deck and there were salted fur-seal skins in the hold. I saw nine canoes with blood in them and spears equipped for seal killing. All this was upon the schooner Onivard at the time of her seizure.

Albert Leap.

Subscribed and sworn to before me this 8 day of September, A. D. 1886, after having been read over by me to deponent.

Andrew T. Lewis,
Clerk U. S. Dist Court.

in the united states district court in and for the district of alaska, united states of america.

The United States vs. The Schooner “Onivard.” No. 49.

Whereas, on the 6th day of September, 1886, the said district court duly made and entered in the journal of said court an order directing that the testimony and depositions of the witnesses, C. A. Abbey, J. W. Howison, J. C. Cantwell, J. U. Rhodes, C. T. Winslow, and Albert Leaf, be taken before me, the clerk of said court, at the time or times and place and upon such notice as are specified in said order:

Now, therefore, this is to certify that in pursuance of said order, on September 7th, 1886, at 7 o’clock p.m., each and all of the above-named witnesses appeared before me at the clerk’s office of said court, at Sitka, district of Alaska, United States of America; that M. D. Ball, esq., district attorney of said court and district, and W. H. Payson, esq., appeared then and there on behalf of and as attorneys and proctors for the United States, the libellant herein; and W. Clark, esq., then and there appeared on behalf of and as attorney and proctors for the said schooner and her owners herein, and Daniel Munroe then and there appeared in pursuance of notice served upon him.

That I was unable to complete the taking of said depositions on said 7th day of September, 1886, and I continued the taking thereof on the 8th and 9th of September, 1886, and completed the same on said last-named day. That the said parties by their said attorneys and proctors then and there appeared, and were present on each of said last-named days and at all times during the takings of said depositions. That each of said witnesses was then and there duly cautioned and sworn by me, that the evidence he should give in said action should be the truth, the whole truth, and nothing but the truth, and thereafter each of said witnesses was then and there examined before me, and I then and there took down the statement and testimony of each of said witnesses, and reduced the same to writing in his presence, and then read the same over to him; and he then and there, after the same had been so reduced to writing and read over to him, subscribed the same in my presence, and swore to the truth thereof.

That the foregoing depositions are the depositions of said witnesses then and there taken before me as aforesaid. That due notice of the taking of said depositions was given as required by said order.

Witness my hand and the seal of said district court this 9th day of September, A. D. 1886.

[seal.]

Andrew T. Lewis,
Clerk of the United States District Court in and for the district of Alaska, United States of America.

On September 20th was filed the following amended libel of information:

in the united states district court in and for the district of alaska, united states of america, august special term, 1886.

To the honorable Lafayette Dawson,
Judge of said district court:

The amended libel of information of M. D. Ball, attorney for the United States for the district of Alaska, who prosecutes on behalf of the said United States, and being present here in court in his own proper person, in the name and on behalf of the said United States, alleges and informs as follows, to wit:

That C. A. Abbey, an officer in the Revenue Marine Service of the United States, duly commissioned by the President of the United States, in command of the United States revenue-cutter Corwin, and on special duty in the waters of the district of Alaska heretofore, to wit, on the 2nd 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, within the waters of that portion of Behring Sea belonging to the United States and said district, on waters navigable from the sea by vessels of ten or more tons burden, seized the schooner Onward, her tackle, apparel, boats, cargo, and furniture, being the property of some person or persons unknown to said attorney. The said property is more particularly described as follows, to wit:

l schooner, Onward, of Victoria, B. C., 9 canoes, carpenter’s tools, caulking implements, 3 anchors, chronometer, clock, nautical instruments, sails, running rigging, rope, twine, lamps, oil, 3 tons of salt, casks and buckets, 400 fur seal skins, provisions, 12 guns and ammunition for same, and all other property found upon or appurtenant to said schooner. That said C. A. Abbey was then and there duly commissioned and authorized by the proper department of the United States to make said seizure.

That all of said property was then and there seized as forfeited to the United States, for the following causes:

That said vessel and her captain, officers, and crew were then and there found engaged in killing fur seals within the limits of Alaska Territory and in the waters thereof, in violation of section 1956 of the Revised Statutes of the United States.

That all the said property, after being seized as aforesaid, was brought into the port of Oonalaska in said Territory, and delivered into the keeping of Isaac Anderson, a deputy United States marshal of this district, with the exception of said arms and ammunition, which latter were brought into the port of Sitka, in said district, and turned over to the United States marshal of this district, and all said property is now within the judicial district of Alaska, United States of America.

And the said M. D. Ball, attorney aforesaid, farther informs and alleges:

That on the 2nd day of August, 1886, James Marketich and certain other persons whose names are unknown to said United States attorney, who were then and there engaged on board of the said schooner Onward as seamen and seal hunters, did under the direction and by the authority of Daniel Monroe, then and there master of said schooner, engage in killing and did kill, in the Territory and district of Alaska, and in the waters thereof, to wit, 20 fur seal, in violation of section 1956 of the Revised Statutes of the United States, in such cases made and provided.

That the said 400 fur seal skins, and other goods so seized on board of said schooner Onward constituted the cargo of said schooner at the time of the killing of said fur seals, and at the time of said seizure.

And said attorney saith that all and singular the premises were and are true and within the admiralty and maritime jurisdiction of the United States, and of this honorable court, and that by reason thereof, and by force of the statutes in such cases made and provided, the aforementioned schooner, being a vessel of over 20 tons burden, and her tackle, apparel, boats, cargo, and furniture, became and are forfeited to the use of the United States.

Wherefore the said attorney prays that the usual process and monition of this honorable court issue in this behalf against said schooner and all said hereinbefore described property to enforce the forfeiture thereof, and requiring notice to be given to all persons to appear and show cause, on the return day of said process, why said forfeiture should not be decreedand that, after due proceedings are had, all of said property be adjudged decreed and condemned as forfeited to the use of the United States; and for such other relief as may be proper in the premises.

M. D. Ball,
United States District Attorney for the District of Alaska

Dated September 20th, 1886.

On the same day was filed the following claim:

in the united states district court for the district of alaska. in admiralty.

In the matter of the libel of information against the schooner Onward, her tackle, apparel, furniture, and cargo. Claim of master for owner.

And now Daniel Monroe, master of the schooner Onward, intervening for the interests of Charles Spring & Co., of Victoria, B. C., the owners of the schooner Onward, her tackle, apparel, furniture, and cargo, as set forth in the libel of information herein, appears before this honorable court and makes claim to the said schooner Onward, her tackle, apparel, furniture, and cargo, as set forth in the said libel of information and as the same are attached by the marshal under process of this court at the instance of M. D. Ball, esq., United States district attorney for the district of Alaska.

And the said Daniel Monroe avers that the said Charles Spring & Co. were in possession of the said schooner Onward at the time of the attachment thereof, and that the said Charles Spring & Co. above named are the true bona fide owners of the said schooner, her tackle, apparel, furniture, and cargo, as seized by the marshal aforesaid, and that no other person is the owner thereof.

Wherefore he prays to defend accordingly.

Daniel Monroe.

Subscribed and sworn to before me this 18th day of September, A. D. 1886.

[seal.]

Andrew T. Lewis,
Clerk of the U. S. Dist. Court for the District of Alaska.

W. Clark & D. A. Dingley,
Proctors for Claimant.

On the same day was filed also the following demurrer:

In the District Court of the United States for the District of Alaska.

United States vs. Charles Spring and Schooner “Onward” Demurrer.

The demurrer of Charles Spring & Co., claimants of the property proceeded against in the above cause, to the amended information filed herein.

1st. The said claimants by protestation, not confessing all or any of the matters in said amended information to be true, demurs thereto and says that the said matters in manner and form, as the same are in said information stated and set forth, are not sufficient in law for the United States to have and maintain their said action for the forfeiture of the property aforesaid.

2d. The said claimants by protestation deny that this court has jurisdiction to determine or try the question hereby put in issue.

3d. And that said claimants are not bound by law to answer the same.

Wherefore the said claimants, Charles Spring & Co., pray that the said information may be dismissed with costs.

W. Clark & D. A. Dingley,
Proctors for Claimants.

Which demurrer was overruled by the court.

On the same day was filed the following answer of claimants:

in the united states district court for the district of alaska.

United States vs. Charles Spring & Co. and Schooner “Onward.” Answer.

The answer of Charles Spring & Co., claimants and owners of said schooner Onward, her tackle, apparel, furniture, and cargo, as the same are set forth in the information filed herein in behalf of the United States.

And now comes Charles Spring & Co., claimants as aforesaid, and for answer to the said information against the said schooner Onward, her tackle, apparel, furniture, and cargo, as set forth in said information, say that the said schooner Onward, her tackle, apparel, furniture, and cargo, as set forth in the information mentioned, did not, nor did any part thereof, become forfeited in manner and form as in said information in that behalf alleged, or at all.

Wherefore the said claimants pray that said information be dismissed with costs to these claimants attached.

W. Clark & D. A. Dingley,
Proctors for Claimants.

United States, District of Alaska, ss:

Personally appeared before me W. Clark, who, being first duly sworn upon his oath, says:

I am the duly authorized proctor for the claimants above-named, that the foregoing answer is true as I verily believe. That the reason this affidavit is made by me and not by claimants is because said claimants are non-residents and are absent from the District of Alaska.

(This was treated as subscribed and sworn to by Daniel Munroe, master.)

Subscribed and sworn to before me this day of September, A. D. 1886.

On September 22d, 1886, were filed the following exceptions to answer:

united states district court, district of alaska, united states of america.

United States vs. The Schooner Onward. No. 49.

The said libellant hereby excepts to the sufficiency of the defendant’s answer herein, on the following grounds:

1st. Said answer is not properly or at all verified as required by rule 27 of the United States admiralty rules.

2nd. Said answer is not full, explicit, or distinct to each or any allegation of the libel herein, as required by said rule.

3rd. Said answer does not deny or admit any of the allegations or facts in said libel, but merely denies a conclusion of law.

M. D. Ball and W. H. Payson,
Proctors for Libellant.

Sept. 21, 1886.

Which exceptions were sustained by the court, and on the same day was filed the following amended answer:

in the united states district court for the district of alaska in admiralty.

United States vs. Charles Spring & Co. and schooner Onward. No. 49. Amended answer.

To the honorable Lafayette Dawson,
Judge of the United States district court for the district of Alaska:

Daniel Monroe, master of the schooner Onward, intervening for the interests and in behalf of Charles Spring & Co., owners and claimants of said schooner Onward, her tackle, apparel, furniture, and cargo, for amended answer to the libel of information herein against said schooner, her tackle, apparel, furniture, and cargo, alleges as follows:

1st. That he denies each and every material allegation in said libel of information contained.

2nd. Denies that the said schooner Onward, her tackle, apparel, furniture, and cargo, and the property appertaining thereto as set forth and described in said libel of information or any part thereof became forfeited to the United States.

3rd. Denies that said schooner, her captain, officers, and crew or any one of them were found engaged in killing fur seal within the limits of Alaska waters and within the Territory of Alaska in violation of section 1956 of the Revised Statutes of the United States as set forth in said libel of information or at all.

4th. Denies that they killed any number great or less, or any number at all of fur seal or other fur-bearing animals within the waters of Alaska, or within the said Territory of Alaska or in any part thereof.

5th. That all and singular the premises herein set forth are true.

Wherefore said master prays that this honorable court will be pleased to pronounce against the libel herein and that the same may be dismissed with costs to these claimants attached.

W. Clark and D. A. Dingley,
Proctors for Claimants.

Unted States, District of Alaska, ss:

Daniel Monroe, being first duly sworn, upon his oath says:

I am the master and captain of the schooner Onward. That I have heard read the foregoing answer and know the contents thereof and that the same is true of my own personal knowledge.

Daniel Monroe.

Subscribed and sworn to before me this 22nd day of September, A. D. 1886.

Andrew T. Lewis,
Clerk of the U. S. Dist. Court for the District of Alaska.

On the 4th day of October, 1886, was filed the following return to the monition issued on the 28th day of August, 1886, cited on page 3 of this transcript:

Sitka, District of Alaska, ss:

Be it remembered that, in obedience to the annexed monition, I have attached the within-described property and now hold the same in my possession subject to the order of this honorable court.

And I have given due notice to all persons claiming said property to be and appear before this district court on the 4th day of October, 1886, at 10 o’clock a.m., if the same shall be a day of jurisdiction, otherwise on the next day of jurisdiction thereafter, then and there to make their claims and allegations in that behalf.

And that I have, as ordered by said court, caused said notice to be published, and the same has been published in the Alaskan, a newspaper published at Sitka, in said district, on the 4th day of September, 1886, and in each issue of said newspaper subsequent thereto, until said 4th day of October, 1886.

Barton Atkins,
Marshal, District of Alaska.

Sitka, Alaska, October 4th, 1886.

On the same day the following decree was entered:

in the united states distict court in and for the district of alaska, united states of america.

United States vs. The Schooner Onward. No. 49.

The marshal having returned on the monition issued to him in the above-entitled action that in obedience thereto he has attached the schooner Onward, her tackle, apparel, boats, cargo, and furniture, and has given due notice to all persons claiming the same to appear before this court on this 4th day of October, 1886, at 10 o’clock a.m., at the District of Alaska, United States of America, then and there to appear and make their allegations in that behalf; and Daniel Monroe, the captain of said vessel, having heretofore filed a claim to all said property on behalf of Charles Spring & Co., of Victoria, B. C., the owner thereof, and no other persons having appeared, and no claims or allegations having been made or filed herein by any other person or persons, and the usual proclamation having been made, and said cause having been heard upon the pleadings and proofs, M. D. Ball, esq., and W. H. Payson, esq., appearing as advocates for the said libellant, and W. Clark as advocate for said claimants; and the cause having been submitted to the court for decision, and due deliberation being had in the premises, it is now ordered, sentenced, and decreed as follows:

1st. That all persons whatsoever other than said claimants be and they are hereby declared in contumacy and default.

2nd. That said schooner Onward, her tackle, apparel, boats, and furniture and her cargo of 400 fur-seal skins, and all other property found upon or appurtenant to said schooner, be and the same are hereby condemned as forfeited to the use of the United States.

3rd. That unless an appeal be taken to this decree within the time limited and prescribed by law and the rules of court the usual writ of venditioni exponas be issued to the marshal commanding him to sell all of said property and bring the proceeds into this court to be distributed according to law. Costs to be taxed are awarded against said claimants.

Lafayette Dawson,
District Judge.

Dated October 4th, 1886.

Done in open court this 4th day of October, 1886, at Sitka, district of Alaska, United States of America.

Andrew T. Lewis,
Clerk.

On the same day the following motion was filed:

in the united states district court for the district of alaska.

United States vs. Charles Spring & Co. and schooner “Onward.” Motion to set aside decree.

Now come W. Clark and D. A. Dingley, proctors intervening for and in behalf of the claimants herein, and moves the court to set aside the decree rendered herein for the reason that the evidence produced on behalf of the United States is wholly insufficient upon which to base said decree.

W. Clark & D. A. Dingley,
Proctors for Claimants.

Which motion was by the court overruled, and thereupon the following notice of appeal was filed:

in the united states district court for the district of alaska.

United States vs. Charles Spring & Co. and schooner “Onward.” Notice of appeal.

And now come W. Clark & D. A. Dingley, proctors for and in behalf of the claimants herein, and notifies this honorable court that they hereby appeal from the decree rendered herein to the circuit court having appellate jurisdiction over this district, and that said appeal is taken on questions of law and fact, and pray the court for an order on its clerk to prepare a complete transcript of the record herein, as the law requires.

W. Clark & D. A. Dingley,
Proctors for Claimants.

On the 9th day of February, 1887, was entered the following order:

In the matter of the United States vs. Schooner Onward, No. 49. Schooner Thornton, No. 50. Schooner Carolena, No. 51. Schooner San Diego, No. 52. Arms and Ammunition Schr. Sierra, No. 57. Arms and Ammunition Schr. City of San Diego, No. 58.

In the above causes, upon motion of the attorney for the United States and argument of counsel for the United States and for the interveners in said causes, and consideration by the court, it is this day ordered that writs of venditioni exponas do issue from the clerk of said court to the marshal of said district, for the sale of the attached vessels, with their tackle, cargoes and furniture of whatsoever description, and of the arms and ammunition attached in said causes. And as to said attached vessels that the sale of the same (except the schooner San Diego, which shall be sold at Sitka) shall be made at Port Townsend in the district of Washington Territory, and as to the seal skins, part of the cargoes of said vessels attached, that sale of the same shall be made at San Francisco in the District of California, and that sale of said schooner San Diego, and all the other attached property be made at Sitka in the district of Alaska. Thirty days notice of such sales to be given at each of the places where the same are to be made, by posting such notice or by publication in some newspaper published at such places respectively. And that said marshal do have the moneys arising from such sales, together with the writ commanding the same, at a district court of the United States for this, the said district of Alaska, to be held on the first Monday in September, 1887, and that he then pay the same to the clerk of said court.

Clerk’s Office, U. S. Dist. Court, District of Alaska,
Sitka, March 10, 1887.

I, Andrew T. Lewis, clerk of the said court, do certify that the foregoing transcript of the record in the case of the United States vs. the schooner Onward, her tackle, apparel, &c., on libel of information, &c., pending in said court, has been compared by me with the original, and that it is a correct transcript therefrom, and of the whole of such original record, except the full text of the exhibits referred to in the testimony therein, the purport of which only is stated, and that the said purport of exhibits is correctly stated, as the same appears of record at my office and in my custody.

[seal.]

Andrew T. Lewis,
Clerk.

[Inclosure 3.]

Transcript of record in the case of the schooner Thornton.

The United States, libellant, vs. The Schooner Thornton, her tackle, &c. 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 Thornton, her tackle, apparel, boats, cargo, and furniture, and against all persons intervening for their interest therein, in a cause of forfeiture, 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, within the waters of that portion of Behring Sea belonging to the said district, on waters navigable from the sea by vessels of ten or more tons burden, seized the ship or vessel commonly called a schooner, the Thornton, her tackle, apparel, boats, cargo, and furniture, being the property of some person or persons to the said attorney unknown, as forfeited to the United States for the following causes:

That the said vessel or schooner 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, became 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 honorable court issue in this behalf, and that all persons interested in the before mentioned and described schooner or vessel may be cited in general and special to answer the premises, and all due proceedings being had, that the said schooner or vessel, her tackle, apparel, boats, cargo, and furniture may, for the cause aforesaid, and others appearing, be condemned by the definite sentence and decree of this honorable court, as forfeited to the use of the said United States according to the form of the statute of the said United States in such cases made and provided.

M. D. Ball,
United States District Attorney for the District of Alaska.

Whereupon forthwith issued the following monition:

District of Alaska Sct:

The President of the United States of America to the marshal of the district of Alaska greeting:

Whereas a libel of information hath been filed in the district court of the United States for the District of Alaska, on the 28th day of August, in the year 1886, by M. D. Ball, United States attorney for the District aforesaid, on behalf of the United States of America against the schooner Thornton, her tackle, apparel, boats, cargo, and furniture, as forfeited to the use of the United States for the reasons and causes in said libel of information mentioned, and praying the usual process and monition of the said court in that behalf to be made, and that all persons interested in the said schooner Thornton, her tackle, apparel, boats, cargo, and furniture, etc., may be cited in general and special to answer the premises and all proceedings being had, that the said schooner Thornton, her tackle, apparel, boats, cargo, and furniture may 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 Thornton, 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 having anything to say why the same should not be condemned and sold pursuant to the prayer of the said libel of information, that they be 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, then and there to interpose a claim for the same and to make their allegations in that behalf.

And what you shall have done in the 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 thereof affixed at the city of Sitka, in the District of Alaska, this 28th day of August, in the year of our Lord one 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 September 6th, 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 Thornton.

United States of America, District of Alaska, ss:

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 Corwin.

That affiant and the following-named officers of said Corwin are material and necessary witnesses for the United States in the above-entitled action: J. C. Cantwell, lieutenant; J. U. Rhodes, lieutenant; J. H. Douglass, pilot.

That owing to scarcity of provisions and fuel upon said cutter Corwin, the said Corwin 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 greater distance than one 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 affiant and said witnesses forthwith.

That Hans Guttormsen was master and in posession of said schooner Thornton at the time of seizure thereof.

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, Case No. 50; Schooner Carolena, case No. 51; Schooner Onward, case No. 49; Schooner San 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 United States herein, it is ordered that the depositions of the witnesses C. A. Abbey, J. W. Howison, J. C. Cantwell, J. U. Rhodes, J. H. Douglass, C. T. Winslow, Albert Leaf, C. Wilhelm, Thomas Singleton, and T. Lorensen be taken before the clerk of the said district court on Tuesday, the 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, 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 Munroe, and Charles E. Raynor, and upon W. Clark, esq., attorney at law, on or before September 7th at 12 m., and that such shall be due and sufficient 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 Mlowing notice and return:

in the united states district court in and for the district of alaska, united states of america.

United States of America vs. The Schooner Thornton.

To Hans Guttormsen greeting: you are notified that by order of Lafayette Dawson, judge of said district court, the depositions of C. A. Abbey, J. C. Cantwell, J. U. Rhodes, and J. S. Douglas will be taken before the clerk of said district court at his office in 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 7, 1886.

Andrew T. Lewis,
Clerk.

United States of America, District of Alaska.

}

SS.

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 Hans Guttormsen, at Sitka, District of Alaska, by then and there personally delivering to said Hans Guttormsen 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 September 10th, 1886, were tiled the following depositions:

in the united states district court in and for the district of alaska, united states of america.

The United States vs. The Schooner Thornton. No. 50.

Depositions 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, thereafter, 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 the above entitled action on September 6th, 1886, directing that the testimony and depositions of said witnesses be taken before me at said first mentioned time and place and at such subsequent times as the taking of the same might be continued to by me, in said action then and there pending in said district court between the United States as plaintiff and the schooner Thornton as defeudant, on behalf and at the instance of the said plaintiff, the United States, and upon notice of the time and place of the taking of said depositions, served upon Hans Guttormsen, the captain of said schooner and in possession thereof at time of seizure, and upon W. Clark, esq., his attorney, the owners thereof being unknown and without the jurisdiction of this court.

Captain C. A. Abbey, being duly sworn, desposes 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 Corwin, 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 day of August last in the line of your duty?—A. I was cruising in Behring Sea, about 70 miles south-southeast from St. George Island, in about latitude —— and longitude ——. I found the 4 boats of the British steam schooner Thornton, of Victoria, B. C., engaged in killing fur seal. Each boat had in her from three to eight freshly-killed seal, arms, and ammunition, rowers, and hunters, who stated that they belonged to the said schooner Thornton, and were engaged in taking or killing fur seal. Some of them, if not all, were seen shooting at the fur seal which were swimming in their neighborhood. On this evidence I caused the vessel to be seized by Lieut. Cantwell; took her in tow and proceeded with her to Oonalaska, where I placed the vessel, cargo, tackle, furniture and appurtenances in charge of Deputy U. S. Marshal Isaac Anderson, of Oonalaska, the cargo of fur-seal skins being stored in “Keuch,” in one of the warehouses of the Alaska Commercial Company and under seal. One boat of the Thornton was sent to Sitka by the schooner San Diego and placed in custody of the U. S. marshal at Sitka. All of this property is how in the custody of the U. S. marshal at Sitka, including her arms and ammunition, which I brought to Sitka on the Corwin.

Q. Was this the vessel against which the libel of information is filed?—A. It is.

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

Q. Did this occur within the waters of the sea navigable for vessels often tons burden or over?—A. It did.

C. A. Abbey.

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.

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

Q. State your name, occupation, and age.—A. John C. Cantwell, 3rd lieutenant U. S. Revenue Marine Service; at present on duty U. S. revenue steamer Corwin, and over the age of twenty-one years.

Q. Were you so on the 1st day of August last?—A. I was.

Q. State what occurred on that day in the line of your duty.—A. I saw a small boat on the port bow; we came up to her and found she had about 8 fur seal aboard. The men in the boat were armed with breech-loading rifles. In answer to the commanding officer the men admitted they were killing fur seal. Shortly after we picked up a second boat and then sighted the schooner Thornton. There were dead seal in the second boat. I did not examine the other boats; I was sent on board the schooner; saw Hans Guttormsen apparently acting as captain and Henry Norman as mate. I asked them what they were doing. The captain replied, catching seals. I signaled this to Capt. Abbey, who directed me to seize her, which I did, and the Corwin took the schooner in tow. The fur seals in the boats were bleeding and must have been killed within a few hours.

Q. How many men were on board of the Thornton at the time of seizure? —A. About fifteen.

Q. Was this a reasonable number for ordinary purposes of commerce and navigation?—A. It was an unusually large number for the size of the vessel.

Q. Do you recognize this paper?—A. I do. It is the official inventory made by me of the furniture, tackle, and cargo of the schooner Thornton (inventory embraces the usual furniture, rigging, nautical instruments, boats, and stores of a vessel of this class with a cargo of 403 seal skins, 3 seal pup skins, and one hair seal skin, and they are receipted for by I. Anderson, deputy U. S. marshal, Oonalaska, August 14th, 1886); the item, 403 seal skins, mentioned in the inventory, are fur seal skins; this inventory gives a full and correct list of all the furniture, tackle, and cargo of said vessel, with the exception of the following: Arms and ammunition, octant, and one chronometer. There is one boat belonging to the Thornton that was sent down on the San Diego and included in the inventory of the San Diego. The Thornton had four boats.

John C. Cantwell,
3d Lieut, U. S. R. M.

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, over 21 years of age, and lieutenant in the U. S. Revenue Marine and attached to the revenue steamer Corwin, and was so on the 1st day of August, 1886.

Q. State what happened on the last-named day in connection with the schooner Thornton.—A. I was on the Corwin at the time the Thornton was seized on that day. We first picked up a boat bearing the name Thornton; it had about 8 dead fur seal in it; the men in the boat had breech-loading rifles; we afterwards picked up another boat and then sighted the schooner Thornton, and went on board and was put in charge of her. We afterwards picked up two more boats; the men in the boats claimed that the boats belonged to the Thornton and were put on board of her. There were between 15 and 20 dead fur seal on deck and one hair seal. These seal were most of them bleeding and evidently recently killed. The captain and several of the hunters said they had killed 21, I think it was, fur seals that day, and would have got more if they had had more daylight and if the cutter had not come up.

Q. Do you recognize these papers?—A. I do. This paper marked (Ex. G) is the clearance paper of the schooner Thornton (this paper represents the British steam schooner Thornton, Hans Guttormsen, master, 2230/100 tons, navigated with 15 men, bound for the Pacific Ocean, Behring Sea, and Okhotsk Sea, on a hunting and fishing voyage, as having cleared from Victoria, B. C., May 16th, 1886). This paper marked (Ex. H) is her bill of health (issued same date and place with clearance). I found these papers in the schooner Thornton at the time of seizure and then took possession of them.

Q. What was the list of arms and ammunition found aboard the schooner Thornton at the time of seizure?—A. 4 rifles, 6 shotguns, 867 shotgun cartridges, 420 rifle-gun cartridges, 108 lbs. powder, 1 keg powder partly filled, 2 bags bullets, 11 bags buckshot, 5 boxes of wads, 3 boxes primers.

Q. What has become of these arms and ammunition?—A. They were delivered to the U. S. marshal at Sitka, and are now in his custody.

John U. Rhodes,
Lieut. U. S. R. M.

Subscribed and sworn to before me this 8th day of September, A. D. 1886, after having been read over by me to the 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; at present on duty on the U. S. revenue steamer Corwin; and over the age of 21 years.

Q. State what nautical instruments, if any, were seized on the schooner Thornton, except such as are included in her general inventory.—A. One chronometer, No. 1374, made by Kessels, and one octant.

Q. What has become of this property?—A. I turned it over to the U. S. marshal at Sitka, and it is now in his custody.

John U. Rhodes.

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.

J. H. Douglas, being duly sworn, deposes and says:

Q. State your name, age, and occupation.—A. J. H. Douglas; am over 21 years; am a pilot in the Revenue-Marine Service of the United States, and have been so for the 7 years last past. I am now, and on the first of August, 1886, was, pilot on the revenue steamer Corwin.

Q. State what occurred on the last-named day in connection with the schooner Thornton.—A. We sighted a boat on our port bow and soon after saw another boat; steamed to the first boat and ordered her to come alongside, which she did. The name steamer Thornton was on the stern of the boat. There were two or three men in the boat with arms and 6 or 8 dead fur seal, which had the appearance of having been lately killed. I asked the men what luck they had had. One of them replied “We have 6 or 8, but not as good as some days.” We took possession of the boat and contents by order of Capt. Abbey. We then picked up the second boat, finding it engaged in the same business; then we sighted a schooner drifting without sail or steam, which proved to be the steam schooner Thornton. On coming up with her she was seized, by order of Capt. Abbey, and taken in tow. We then picked up two more boats belonging to the Thornton having dead fur seal on board. This was in Behring Sea, about 65 miles southeast from St. Georges Island and about 500 or 600 miles to the eastward of the western boundary line of Alaska Territory.

Q. State what experience you have had 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 officer or pilot, and have visited the Pribiloff 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 seals. From about the 1st of May to about the 1st of July of each year the fur seal is migrating north and mostly 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 Island for breeding purposes.

After the breeding season of about a month they begin to migrate south, and until 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 adjoining the Pribiloff 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 Thornton and her boats when seized were directly on this track.

J. H. Douglass.

Subscribed and sworn to before me this 8th day of September, A. D. 1886, after having been read over by me to deponent.

[seal.]

A. T. Lewis,
Clerk U. S. Dist. Court.

in the united states district court in and for the district of alaska, united states of america.

The United States vs. The Schooner “Thornton.” No. 50.

Whereas on the 6th day of September, 1886, the said district court duly made and entered in the journal of said court an order in the above-entitled action directing that the testimony and depositions of the witnesses, C. A. Abbey, J. C. Cantwell, J. U. Rhodes, and J. H. Douglass be taken before me, the clerk of said court, at the time or times and place and upon such notice as was specified in said order.

Now, therefore, this is to certify, that in pursuance of said order, on September 7th, 1886, at 7 o’clock p.m., each and all of the above-named witnesses appeared before me at the clerk’s office of said court at Sitka, district of Alaska, United States of America; that M. D. Ball, esq., dist. attorney of said court and district, and W. H. Payson, esq., appeared then and there on behalf of and as attorneys and proctors for the United States, the libellant herein; and W. Clark, esq., then and there appeared on behalf of and as attorney and proctor for the said schooner and her owners herein; and Hans Guttormsen then and there appeared in pursuance of notice served upon him.

That I was unable to complete the taking of said depositions on said 7th day of September, 1886, and I continued the taking thereof on the 8th and 9th of September, 1886, and completed the same on said last named day. That the said parties by their said attorneys and proctors then and there appeared and were present on each of said last named days and at all times during the taking of said depositions. That each of said witnesses was first duly cautioned and sworn by me, then and there, that the evidence he should give in said action should be the truth, the whole truth, and nothing but the truth, and thereafter each of said witnesses was then and there examined before me, and I then and there took down the statement and testimony of each of said witnesses, and reduced the same to writing in his presence, and then and there read the same over to him; and he, then and there, after the same had been so reduced to writing and read over to him, subscribed the same in my presence, and swore to the truth thereof.

That the foregoing depositions are the deppsitions of said witnesses then and there taken before me as aforesaid. That due notice of the taking of said depositions was given as required by said order.

In witness whereof I have hereunto set my hand and the seal of said district court this 9th day of September, 1886.

Andrew T. Lewis,
Clerk U. S. Dist. Court in and for the District of Alaska, United States of America.

On the 20th day of September, 1886, was filed the following claim of master for owner:

in the united states district court for the district of alaska in admiralty.

In the matter of the libel of information against the schooner Thornton, her tackle, apparel, furniture, and cargo. Claim of master for owner.

And now Hans Gutormsen, master of the schooner Thornton, intervening for the interest of J. D. Warren, of Victoria, B. C., the owner of the said schooner Thornton, her tackle, apparel, furniture, and cargo, as set forth in the libel of information herein, appears before this honorable court and makes claim to the said schooner Thornton, her tackle, apparel, furniture, and cargo, as set forth in the said libel of information, and as the same are attached by the marshal under process of this court at the instance of M. D. Ball, esq., United States district attorney for the district of Alaska.

And the said Hans Guttormsen avers that the said J. D. Warren was in possession of the said schooner at the time of the attachment thereof.

And that the said J. D. Warren, above named, is the true and bona fide owner of the said schooner, her tackle, apparel, cargo, and furniture, as seized by the said marshal as aforesaid, and that no other person is the owner thereof. Wherefore he prays to defend accordingly.

Hans Guttormsen.

Subscribed and sworn to before me this 18th day of September, A. D. 1886.

[seal.]

Andrew T. Lewis,
Clerk of the U. S. Dist. Court for the District of Alaska.

W. Clark & D. A. Dingley,
Proctors for Claimant.

On the same day was filed the following amended libel of information:

in the united states district court in and for the district of alaska, united states of america. august special term, 1886.

To the honorable Lafayette Dawson,
Judge of said District Court:

The amended 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 own proper person, in the name and on behalf of the said United States, alleges and informs as follows, to wit:

That C. A. Abbey, an officer in the Revenue-Marine Service of the United States, duly commissioned by the President of the United States, in command of the United States revenue-cutter Corwin, and on special duty in the waters of the district of Alaska heretofore, to wit, on the 1st 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, within the waters of that portion of Behring Sea belonging to the United States and said district, on waters navigable from the sea by vessels of ten or more tons burden, seized the schooner Thornton, her tackle, apparel, boats, cargo, and furniture, being the property of some person or persons unknown to said attorney. The said property is more particularly described as follows, to wit:

1. Schooner Thornton, of Victoria, B. C., 4 boats with oars, sails, and gear; carpenter’s and caulking tools and materials; 5 tons of coal, 10 yds. of canvas, clock, chronometer, nautical instruments, provisions, sails and running gear, ropes, twine, lamps, oil, casks, buckets, engine and gear, 20 sacks of salt, 403 fur-seal skins, 1 hair-seal skin, 3 pup-seal skins, 4 rifles, 6 shotguns, and arms and ammunition for same, and all other property found upon or appurtenant to said schooner.

That said C. A. Abbey was then and there duly commissioned and authorized by the proper department of the United States to make said seizure.

That all of said property was then and there seized as forfeited to the United States for the following causes:

That said vessel, her captain, officers, and crew were then and there found engaged in killing fur seals within the limits of Alaska Territory and within the waters thereof, in violation of section 1956 of the Revised Statutes of the United States.

That all the said property, after being seized as aforesaid, was brought into the port of Oonalaska in said Territory, and delivered into the keeping of Isaac Anderson, a deputy United States marshal of this district, with the exception of the said arms and ammunition, which latter were brought into the port of Sitka in said district and turned over to the United States marshal of this district, and all of said property is now within the judicial district of Alaska, United States of America.

And the said M. D. Ball, attorney as aforesaid further informs and alleges:

That on the 1st day of August, 1886, Henry Norman and certain other persons whose names are to said United States attorney unknown, who were then and there engaged on board of the said schooner Thornton as seamen and seal hunters, did, under the direction and by the authority of Hans Guttormsen, then and there master of said schooner, engage in killing and did kill, in the territory and district of Alaska, and in the waters thereof, to wit, 20 fur seals, in violation of section 1956 of the Revised Statutes of the United States, in such cases made and provided.

That the said 403 fur-seal skins, 3 pup skins, 1 hair-seal skin, and other goods so seized on board of said schooner Thornton constituted the cargo of said schooner at the time of the killing of said fur seals, and at the time of said seizure.

And said attorney saith that all and singular the premises were and are true and within the admiralty and maritime jurisdiction of the United States and of this honorable court, and that by reason thereof and by force of the statutes in such cases made and provided, the aforementioned schooner, being a vessel of over 20 tons burden, and her said tackel, apparel, boats, cargo, and furniture became and are forfeited to the use of the United States.

Wherefore the said attorney prays that the usual process and monition of this honorable court issue in this behalf against said schooner and all said hereinbefore described property to enforce the forfeiture thereof, and requiring notice to be given to all persons to appear and show cause on the return day of said process why said forfeiture should not be decreed; and that after due proceedings are had, all of said property be adjudged decreed and condemned as forfeited to the use of the United States; and for such other relief as may be proper in the premises.

M. D. Ball,
U. S. Dist. Attorney for the District of Alaska.

Dated September 20th, 1886.

On the same day was filed the following demurrer:

in the united states district court for the district of alaska.

United States vs. J. D. Warren and schooner “Thornton.” Demurrer.

The demurrer of J. D. Warren, claimant of the property proceeded against in the above cause to the information filed herein.

1st. The said claimant by protestation, not confessing all or any of the matters in said amended information contained to be true, demurs thereto and says that the said matters, in manner and form as the same are in the information stated and set forth, are not sufficient in law for the United States to have and maintain their said action for the forfeiture of the property aforesaid.

2d. The said claimant by protestation denies that this court has jurisdiction to determine or try the question hereby put in issue.

3d. And that the said claimant is not bound in law to answer the same.

Wherefore claimant prays that said information may be dismissed with costs.

W. Clark & D. A. Dingley,
Proctors for Claimant.

Which demurrer was overruled by the court, and on the same day was filed the following answer:

in the united states district court for the district of alaska.

United States vs. J. D. Warren and schooner “Thornton.” Answer of claimant.

The answer of J. D. Warren, owner and claimant of the said schooner Thornton, her tackle, apparel, cargo, and furniture, as the same are set forth in the information, filed herein in behalf of the United States.

And now comes J. D. Warren, claimant as aforesaid, and for answer to the said information against the said schooner Thornton, her tackle, apparel, furniture, and. cargo, as set forth in said information, says that the said schooner Thornton, her tackle, apparel, furniture, and cargo, as set forth in the information mentioned, did not nor did any part thereof become forfeited in manner and form as in said information in that behalf alleged, or at all.

Wherefore the said claimant prays that said information be dismissed, with costs to this claimant attached.

W. Clark & D. A. Dingley,
Proctors for Claimant.

On the 22nd of September, 1886, were filed the following exceptions to answer:

united states district court, district of alaska, united states of america.

United States vs. The Schooner Thornton. No. 50.

The said libellant hereby excepts to the sufficiency of the defendant’s answer herein, on the following grounds:

1st. Said answer is not properly or at all verified as required by Rule 27 of the U. S. Admiralty rules.

2nd. Said answer is not full, explicit, or distinct to each or any allegation of the libel herein, as required by said rule.

3rd. Said answer does not deny or admit any of the allegations of fact in said libel, but merely denies a conclusion of law.

M. D. Ball & W. H. Payson,
Proctors for Libellant.

September 21st, 1886.

Which exceptions were sustained by the court and on the same day was filed the following amended answer:

in the united states district court for the district of alaska.

United States vs. J. D. Warren and Schooner Thornton. Amended answer.

To the honorable Lafayette Dawson,
Judge of the United States District Court for the District of Alaska:

Hans Guttormson, master of the schooner Thornton, intervening for the interest of and in behalf of J. D.Warren, owner and claimant of said schooner Thornton, her tackle, apparel, furniture, and cargo, for amended answer to the libel of information herein against said schooner, her tackle, apparel, furniture, and cargo, alleges as follows:

1st. That he denies each and every material allegation in said libel of information contained.

2d. Denies that the said schooner Thornton, her tackle, apparel, furniture, cargo, and the property appertaining thereto, as set forth and described in said libel of information, or any part thereof, became forfeited to the United States.

3d. Denies that said schooner, her captain, officers, and crew, or any one of them, were found engaged in killing fur seal within the limits of Alaska Territory, and within the waters thereof, in violation of section 1956 of the Revised Statutes of the United States, as set forth in said libel of information, or at all.

4th. Denies that they killed any number of fur seal or other fur-bearing animals within the waters of Alaska, or the Territory of Alaska, or in any part thereof.

5th. That all and singular the premises herein are true.

Wherefore said master prays that this honorable court will be pleased to pronounce against the libel herein, and that the same may be dismissed with costs to the claimants to be taxed.

W. Clark &, D. A. Dingley,
Proctors for Claimant.

United States, District of Alaska, ss:

Hans Guttormson, being first duly sworn, says he is master of the schooner Thornton, that he has heard read the foregoing answer and knows the contents thereof, and that the same is true of his own personal knowledge.

H. Guttormsen.

Subscribed and sworn to before me this 22d day of September, A. D. 1886.

Andrew T. Lewis,
Clerk of the U. S. Dist. Court for the District of Alaska.

On the 4th day of October, 1886, the motion cited, page 5, was returned with the following indorsement:

Sitka, District of Alaska, ss:

Be it remembered that, in obedience to the annexed monition, I have attached the within described property and now hold the same in my possession subject to the order of this honorable court.

And I have given due notice to all persons claiming said property to be and appear before this district court on the 4th day of October, 1886, at 10 o’clock a.m., if the same shall be a day of jurisdiction, otherwise on the next day of jurisdiction thereafter, then and there to make their claims and allegations in that behalf.

And I have caused said notice to be published, andthe same has been published in the Alaskan, a newspaper published at Sitka, in said district, on the 4th day of September, 1886, and in each issue of said newspaper subsequent thereto until 4th day of October, 1886.

Barton Atkins,
Marshal Dist. of Alaska.

Sitka, Alaska, October 4, 1886.

On the same day was filed the following decree:

in the united states district court in and for the district of alaska, united states of america.

United States vs. The Schooner Thornton. No. 50.

The marshal having returned on the monition issued to him in the above-entitled action that in obedience thereto he has attached the said schooner Thornton, her tackle, apparel, boats, cargo, and furniture, and has given due notice to all persons claiming the same to appear before this court on this 4th day of October, 1886, at 10 o’clock a.m., at the district of Alaska, United States of America, then and there to interpose their claims and make their allegations in that behalf; and Hans Guttormsen, the captain of said vessel, having heretofore filed a claim to all of said property on behalf of J. D. Warren, of Victoria, B. C., theowner thereof, and no other persons having appeared, and no claims or allegations having been made or filed herein by any other person or persons, and the usual proclamation having been made, and said cause having been heard upon the pleadings and proofs, M. D. Ball, esq., and W. H. Pay-son, esq., appearing as advocates for said libeilant, and W. Clark as advocate for said claimant; and said cause having been submitted to the court for decision, and due deliberation being had in the premises, it is now ordered, sentenced, and decreed as follows:

1st. That all persons whatsoever other than said claimant be, and they are hereby, declared in contumacy and default.

2nd. That the said schooner Thornton, her tackle, apparel, boats, and furniture, and her cargo of 403 fur-seal skins, and all other property found upon and appurtenant to said schooner, be, and the same are hereby, condemned as forfeited to the use of the United States.

3rd. That unless an appeal be taken to this decree within the time limited and prescribed by law and the rules of this court, the usual writ of venditioni exponas be issued to the marshal commanding him to sell all of the said property and bring the proceeds into this court to be distributed according to law. Costs to be taxed are awarded against said claimant.

Lafayette Dawson,
District Judge.

Dated October 4th, 1886.

Done in open court this 4th day of October, 1886, at Sitka, district of Alaska, United States of America.

Clerk.

On the same day was filed the following motion to set aside decree:

in the united states district court for the district of alaska.

United States vs. J. D. Warren and Schooner “Thornton.” Motion to set aside decree.

Now come W. Clark and D. A. Dingley, proctors intervening for and in behalf of the claimants herein, and moves the court to set aside the decree rendered herein for the reason that the evidence produced on behalf of the United States is wholly insufficient upon which to base said decree.

W. Clark & D. A. Dingley,
Proctors for Claimant.

Which motion was overruled by the court, and on the same day was filed the following notice of appeal:

in the united states district court for the district of alaska.

United States vs. J. D. Warren and Schooner “Thornton.” Notice of appeal.

And now come W. Clark &. D. A. Dingley, proctors for and in behalf of the claimant herein, and notifies this honorable court that they hereby appeal from the decree rendered herein to the circuit court having appellate jurisdiction over this district, and that said appeal is taken on questions of law and fact, and prays the court for an order on its clerk to prepare a complete transcript of the records herein, as the law requires.

W. Clark & D. A. Dingley,
Proctors for Claimant.

On the 9th day of February, 1887, was entered the following order:

In the matter of the United States vs. Schooner Onward, Case No. 49; Schooner Thornton, Case No. 50; Schooner Carolena, Case No. 51; Schooner San Diego, Case No. 52; Arms and Ammunition Schr. Sierra, No. 57; Arms and Ammunition Schr. San Diego, No. 58.

In the above causes, upon motion of the attorney for the United States and argument of counsel for the United States and for the interveners in said causes, and consideration by the court, it is this day ordered that writs of venditioni exponas do issue from the clerk of said court to the marshal of said district, for the sale of the attached vessels, with their tackle, cargoes, and furniture of whatsoever description, and of the arms and ammunition attached in said causes, and as to said attached vessels that the sale of the same (except the schooner San Diego, which shall be sold at Sitka) shall be made at Port Townsend, in the district of Washington Territory, and as to the seal skins, part of the cargoes of said vessels attached, that sale of the same shall be made at San Francisco, in the district of California, and that sale of said schooner San Diego and all the other attached property be made at Sitka, in the district of Alaska. Thirty days’ notice of such sale to be given at each of the places where the same are to be made, by posting such notice, or by publication in some newspaper published at such places respectively. And that said marshal do have the moneys arising from such sales, together with the writ commanding the same, at a district court of the United States for this, the said district of Alaska, to be held on the first Monday in September, 1887, and that he then pay the same to the clerk of said court.

Clerk’s Office U. S. Dist. Court, District of Alaska,
Sitka, March 10, 1887.

I, Andrew T. Lewis, clerk of the said court, do certify that the foregoing transcript of the record in the case of the United States vs. the schooner Thornton, her tackle, apparel, &c., on libel of information pending in said court, has been compared by me with the original, and that it is a correct transcript therefrom and of the whole of such original, except the full text of the exhibits referred to in the testimony therein, the purport of which only is stated, and that the purport of said exhibits is correctly stated, as the same appears of record at my office and in my custody.

Witness my hand and the seal of said court this 10th day of March, 1887.

[seal.]

Andrew T. Lewis,
Clerk.