No. 1. 



In the Court of Vice Admiralty. 

 Judgment of His Honor Judge Hazen in the case of the " White Fawn." 



The following is a copy of the decision recently pronounced by His Honor 

 Judge Hazen in this case. 



At the last sitting of this Court, Mr. Tuck, B. C., Proctor for the 

 Crown, applied, on behalf of Sir John A. McDonald, the Attorney-Gen- 

 eral of the Dominion, for a monition, calling upon the owners of the 

 schooner and her cargo, to show cause why the White Fawn and the 

 articles above enumerated with her tackle, etc., should not be consid- 

 ered as forfeited to the Crown for a violation of the Imperial Statute 59, 

 George III., Cap. 38, and the Dominion Statutes 31 Vic . Cap. 61. and 

 33 Vic., Cap. 15. 



The White Fawn, as it appears from her papers, was a new vessel of 

 64 tons, and registered at Gloucester, Massachusetts, in 1870, and owned 

 in equal shares by Messrs. Somes, Friend, and Smith, of that place ; 



That she was duly licensed for one year, to be employed in the Coast- 

 ing Trade and Fisheries, under the laws of the United' States ; 



That by her " Fishery Shipping Paper," signed by the master and ten 

 men, the usual agreement was entered into for pursuing the Cod and 

 other Fisheries, with minute provisions for the division of the profits 

 among the owners, skipper, and crew. These papers and other docu- 

 ments found on board, are all in perfect order, and not the slightest sus- 

 picion-can be thrown upon them. The Seamen-s Articles are dated 19th 

 November, 1870 : On the 24th Nov., 1870, she arrived at Head Harbor, 

 a small Bay in the eastern end of Campobello, in the county of Char- 

 lotte, in this Province. 



Captain Betts, a Fishery Officer, in command of the Water Lily, a ves- 

 sel in the service of the Dominion, states that on the 25th November he 

 was lying with his vessel at Head Harbor. Several other vessels, and 

 among them the White Fawn, were lying in the harbor; that he went 

 on board the White Fawn : He states a number of particulars respect- 

 ing the vessel from her papers, and adds that the said vessel, White 

 Fatvn, had arrived at Head Harbor on the 24th Nov., and had been 

 engaged purchasing fresh herrings, to be used as bait in trawl fish- 

 ing; that there were on board about 5.000 herrings, which had been 

 obtained and taken on board at Head Harbor; also 15 tons of ice, and 

 all the materials and appliances for trawl fishing, and that the master 

 admitted to him that the herring had been obtained at Head Harbor by 

 him for the purpose of being used as bait for fishing. There are then 

 some remarks as to the master being deceived as to the fact of the cut- 

 ter being in the neighborhood, which are not material ; and, that de- 

 ponent further understood that persons had been employed at Head 

 Harbour to catch the herring for him ; that he seized the schooner on the 

 2 th, fsic], and arrived with her the same evening at St. John, and de- 

 livered her on the next day to the Collector of the Customs. 



No reason is given for the delay which has taken place of more than. 



