AKGUMENT OP SAMUEL J. ELDER. 1523 



921 " Philip Farrel was also fishing for the Americans, being 

 master of McCauley's seine. The Newfoundlanders then cap- 

 sized Tom Farrel's seine of fish," 



A little farther down : 



" They went to McCauley, an American, who had laid his seine out 

 for barring herring ; this American also employed a Newfoundlander 

 to lay his seine out." 



Still farther down : 



"The Americans were often set afterwards, but not on Sunday; 

 the Americans did not leave off catching herring after this on other 

 days. The English did not prevent the Americans hauling their 

 seines, but the Americans usually employed the English to haul them, 

 as their crews were not sufficient in number, and are not acquainted 

 with the work. The American crews are employed salting and freez- 

 ing the fish, while the English employed by them with the American 

 seines are catching them." 



Page 698 ; this is the deposition of John Cluett : 



" Q. Tell me what you know of it? A. They commenced hauling 

 herrings on Sunday, about mid-day. The first American seine shot 

 was Captain Jacobs '. There were two more American seines shot. 

 There was an Englishman working for the Americans who had a 

 seine moored there for several days, but it was not shot or attempted 

 to be hauled on the Sunday." 



Page 699 : 



" If there was not a good feeling and mutual understanding be- 

 tween all fishermen, whether foreigners or Englishmen, there would 

 be no law carried out or upheld at all, but there was always prior to 

 this a very good feeling and a mutual understanding between the 

 Americans and ourselves, and I don't know anything to prevent the 

 same in future. After the destruction of McCauley's seine some of 

 the American schooners, one of which was Peter Smith's, drifted 

 about the harbour among the fishermen's nets when blowing hard, 

 with their anchors hanging to their bows, and destroyed several nets." 



That does not seem to have been the correct passage. At the bot- 

 tom of the page : 



" I, Charles Dagle, . . . sailed from Gloucester on the 6th De- 

 cember, 1877, for Fortune Bay, Newfoundland, for a load of herring. 

 The last year (1877) I had sold a seine and boat to parties in New- 

 foundland, and they were to supply me with herring in payment for 

 the seine and boat." 



Page 701 ; deposition of James McDonald : 



" I carried a large purse seine, such as is used to take mackerel. 

 ... I employed Newfoundland fishermen to operate the seine. I set 

 my seine twice "- 



And so on. Page 703 ; deposition of David Malanson : 



" The Newfoundland fishermen have for years been in the habit 

 of selling all the herring to American vessels. I have been there 

 eight years, and I have always bought my herring, or engaged the 

 Newfoundlanders to take them for me, paying them in cash." 



