ABGUMENT OP SAMTJEX, J. ELDEB. 1529 



the coast of Nova Scotia. I refer to the portion near the middle of 

 the page: 



" Some of the coves where they resort have fine streams of fresh 

 water, with rum shops near by," 



It was not for that purpose I read the quotation : 



" which give them an opportunity " (they are the Americans) " of 

 taking on shore a barrel of the American manufactured brandy, and 

 bringing in return the pure fresh water ; and as many of the crew of 

 these vessels were actually residents of these places, they think they 

 have the same privileges as those who sail in British vessels; and as 

 they have been habituated to go." 



925 Showing at that point that American fishing-vessels, the 

 kind complained of, were then known to have Nova Scotians 

 on board. Take another illustration : the schooner " Crittenden " 

 put into port, and it appears (entirely incidentally) that some of the 

 crew were inhabitants of the Nova Scotian port where they had put 

 in. That appears in the United States Case Appendix, p. 896. 

 This was at the Gut of Canso. I will turn to that. This is Mr. 

 Carr to the Minister of Marine, dated Steep Creek, the 1st November, 

 1886 : 



" They also landed a man the same day with his effects, and on 

 their return from Gloucester to the Bay St. Lawrence they shipped 

 a man. Was looking out for the vessel, but could not catch her. . 



The case is that of the " Pearl Nelson." It is in the United States 

 Case Appendix, p. 845. This is the affidavit of the captain of the 

 "Pearl Nelson," the United States fishing- vessel which was from 

 Provincetown and put in at Arichat : 



" I concluded to make a harbor and wait for better weather and 

 wind. I anchored the vessel in Arichat Harbor at 11 p. m., Septem- 

 ber 7, 1886. I had lost a man on the Grand Banks, named James 

 Sampson, who belonged to Arichat, and I wanted to land his effects 

 if the customs officers would allow me to. Some of my crew belonged 

 in that neighborhood. William Babins, my cook, and nine others 

 of the crew took boats off the deck and went ashore." 



And so on. 



This was the subject of the seizure, for not reporting, or not enter- 

 ing. In that case this vessel did not enter because she did not get 

 in until 11 in the evening. The captain put in because of heavy 

 weather. Some of the crew went ashore during the night without 

 his knowledge, and when he sought to report in the morning he was 

 brought to book. But, the point about it is that, in all this discus- 

 sion that took place with regard to the boat it never was suggested 

 that the boat was improperly exercising its rights because it had 

 Nova Scotians on board. 



JUDGE GRAY: As a matter of fact, Mr. Elder, (this is outside of 

 the record perhaps) , was it not a matter of daily news in the papers, 



