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 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 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. UNITED STATES, District of Alaska, 89. W. CLARK AND D. A. DINGLEY, James Blake, being first duly sworn upon his oath, says: Proctors for Claimants. 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, 88. 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, 1856, and in each issue of said newspaper subsequent thereto, until said 4th day of October, 1836. SITKA, ALASKA, October 4th, 1886. BARTON ATKINS, Marshal Dist. of Alaska. 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, 1885, 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 nade, and said cause having been heard upon the pleadings and proofs, M. D. Ball, esq., and W. II. 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 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. 2d. That said schooner Carolena, her tackle, apparel, boats, and furniture, and her cargo of 685 fur-seal skins, 12 pup-seal skins, and 1 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. Dated October 4th, 1886. LAFAYETTE DAWSON, District Judge. 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 o 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, 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, 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 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. Clerk. [Inclosure 2.] Transcript of record in the case of the schooner Onward. The United States, libellant, rs. 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 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 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, 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'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 forth with 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, 88: 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 of 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, 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. Donglass, 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, 1888. UNITED STATES OF AMERICA, District of Alaska, 88: 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. Dated September 9th, 1886. BARTON ATKINS, On the 10th day of September, 1886, were filed the following deposi tions: 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, 1×86, 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 |