PERIOD FROM 1836 TO 1854. 433 



I have received no information from thence that can be depended 

 upon, as to the probable issue of the exertions already made and now 

 making in behalf of the owners and others interested in these vessels. 

 The affidavits which have been made to substantiate the legality of 

 these seizures are: 



1. That of John McConnell, of this place, who deposes that he did 

 see the crew of the Java, between the 11th and 27th days of May last, 

 in the Tusket islands, put their nets into the boat belonging to that 

 vessel, and on the following morning he saw them return with a 

 quantity of fish, which was repeated four or five times during the 

 above mentioned period; and that the skipper of the Java acknowl- 

 edged to him that he had taken fish within the prohibited limits for 

 bait. He further states that on Sunday, the 26th of May last, he saw 

 on the deck of the Java, then lying in the Tusket islands, a quantity 

 of gurry, which the crew said was from about three quintals of fish 

 caught the day before, and that he, (the master,) and crew threw the 

 same overboard, being then about two miles from Tebogue Point, in 

 Yarmouth. 



2. The same person, John McConnell, further deposed, that he saw 

 the Magnolia, about two weeks previously, when at anchor in the 

 islands, send two boats away in the evening with nets, and return 

 again the next morning with fish; which also again took place for 

 several successive days. He further stated, that the crew of the 

 Magnolia did, about the same time, acknowledge that they were then 

 taking fish among the Tusket islands, and had before been doing the 

 same. 



3. David McConnell, of Yarmouth, made oath that the skipper of 

 the American schooner. Independence, acknowledged to him, on the 

 2Gth day of May. that he had hired nets belonging to that schooner 

 to the skipper of an English fishing vessel, to be set by him on shares. 



4. Jonathan Baker, of Yarmouth, deposed that between the 11th 

 and 18th days of May last he saw the crew of the American schooner 

 Java, then a( anchor in the Tusket islands, put the nets out of the 

 schooner into the boats in the evenings of four different days, leave 

 the vessel, and return in the morning with the nets and a quantity 

 of herring. 



.-. Joseph Darby, commander of the schooner Victory, deposed 

 thai he did see from on board the said schooner Victor'}/, then lying 

 in the Tusket islands, the crew of the American fishing-boal Hart 

 cleaning fish on board of that vessel ; and thai the master of the Hurt 

 acknowledged to him that he did about a week previously procure 

 from Benjamin Brown two barn-Is of fresh herrings for bait. 



The crew of ilu- Magnolia positively deny the truth of the deposi- 

 tions made againsl them, and they say that their vessel must have 

 been mistaken for some other. The crew of the Independence also 

 deny having hired then- nets. And it i- probable thai the acknowl- 

 edgment sworn to as made by the masters has been misunderstood by 

 the person to whom it was made; th<- real admission having been the 

 [ending the Qets for one nij/hl to an inhabitant of the Tuskel islands, 

 as i~. mentioned in the deposition of tin- master and crew of the tn- 

 >h /» ndence. I need no1 remark upon the insufficiency <>f the evidence 

 upon which the seizures of the independence and Hart have been 

 made. It consists entirely of verbal acknowledgments, which may 



