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the abovo-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. Stato your name and occupation.-A. Captain C. A. Abboy, in the United States Revenue Marine Service, at present in command of the U. S. Revenuo steamer Cortis 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 Ísland, and I found the British schooner Carolena of Victoria, B. C., driftiog with wails 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 Coruin and brought to Sitka and delivered into the custody of the U. S. marshal there.
The vessel, tackle, furniture, and 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) tous burden or over 1--A. It did.
C. A. ABBEY. Subscribed and sworn to before mo this 9th day of September, A. D. 1886, after having been read over by mo 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 ist day of August last 1-A. I was.
Q. State what occurred on that day in the line of your duty.-A. A schooner was sigbted 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 di. rected 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 Okkotsk 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 nie, mastır, bound for Pacific Ocoan, Behring Sea, and Okho18k Sea, on a fishing and hunting voyage, and is dated at Victoria, B. C., May 19th, 1886.) All of which papers were found on board the Carolena at the time of seizure and taken possession of by
Q. State how many men the Carolena bad on board as crew when seized.--A. Thirteen or fourteen.
Q. State whether this is a reasonable nunber 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,
John U. Rhodos, being duly sworn, deposes and says:
Q. State your name, age, and occupation.-A. John U. Rhodes, Lieut. U. S. Revenue Marine, and at present ou 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 rities, 1 musket, 5 shutguns, 171 shotgun cartridges, 353 rifle cartridges, 144 bays buck-shot, 1 bag of bullets, 40 bags of wads, 21 boxes wads, 13 boxes primers, 1} boxes of caps, 91 lbs. powder.
Q: Wen 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 lias ali been delivered to the U. S. Marshal at Sitka, and is now in his custody.
JOIN U. RIIODES.
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, [SEAL.]
Clerk U. S. Dist. Court. J. H. Douglass being duly sworn deposes and says: Q. State your name, age, and occupation.-A. J. H. Donglass; 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, aud 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 knowl. edge 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 otlicer 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 seamau. Was employed on the steamer Coruin on the 1st day of August, 1886, when the Carolena was seized. I was sent on board the Carolina
H. Ex. 1, pt. 1--111
right after the seizure, and saw a number of dead fur seal on deck a:d some of them had fur ou them. Saw also some fresh fur-seal skins in the boats,
THOMAS SINGLETOX. Subscribed and sworn to before me this 8th day of September, 1880, after having been read over by me to deponent. [SEAL.]
ANDREW T. LEWIS,
IN TIIE 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, tho 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, 1836, 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 berein; 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, 1866, 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 cantioned 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 bis 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 gwore to the truth thereof,
In witness whereof I have hereunto sot my hand and the scal of said district court this 9th day of September, 1886. [SEAL ]
ANDREW T. LEWIS,
United States of America. On September 20th, 1856, was filed the following amended libel of iuformation :
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:
i 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, 655 fur seal skins, 12 pup seal skins, 1 bair seal skin, 4 riiles, 5 shotguns, and ammunition for same, and all other property found upon or appurtenaut to said schooner.
Tbat 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 forteited 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 Alaskil 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 arins 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 sking, 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 maritimo 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 bur: den, 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:
DISTRICT OF ALASKA.
DISTRICT COURT FOR THE
In the matter of the libel of information against the schooner Carolena, her tackle, apparel,
furniture, and cargo. Claim by proctor for ouner8.
And now W. Clark, the duly authorizeul 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, a pparel, cargo, and furniture, as set forth in the said libel of information, and as the same are attached by tho marshal under process of this court at the instance of M. D. Ball, esq., U, . 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 the said Manzie & Co. above named are the true and bona-side owners of the said schooner Carolena, her tackle, apparel, cargo, and furniture, as seized by the marshal as aforesaid, and that no other persou 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:
United Stales vs. Junzie F Co. and schooner “ Carolena." Demurrer. The demurrer of Minzie & Co., clainants of the property proceeded against in the above cause, to the amended information tiled herein.
Ist. The said claimant by protestation, not confessing all or any of the matters in said amendeel information contained to be true, demu's thereto and says that the said matters in manuer and form, as the same are in suid 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.
21. 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. DixGLEY,
Proctors for Claimants. Which was overruled by the court. On the same day was filed the following answer:
IN TIIE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ALASKA.
United States vs. Munzie of Co. and schooner " Carolena." - Answer. The answer of Munzie & Co., owners and claimants of the said schoouer Caro. lena, her tacklo, apparel, furniture and cargo, as the same are set forth in the informaijon tiled herein in behalf of the United States.
And now como Munzie & Co., claimants as aforesaid, and for answer to said information against the said schooner Carolena, her tackle, apparel, and cargo is set forth in saill information say that the said tackle, apparel, and cargo as set forth in the iu. formation 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, 1956, were filed the following excep tions to answer:
UNITED STATES DISTRICT COURT, DISTRICT OF ALASKA, UNITED STATES OF AMERICA.
United States ve. The Schooner Carolina. 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 . S. Admiralty Rules,
20. Said answer is not full, explicit, or distinct to each or any allegation of the libel herein, as required by said rule.
rd. 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 of Co. and Schooner Carolena. Amended ansier. To the honorable LAFAYETTE DAWSON,
Judge of the U. 8. District Court for the District of Alaska : James Blake, the duly anthorized mate of the schooner Carolena, for Munzie & Co., interveuing 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