AWARD OF THE FISHERY COMMISSION. 3389 



None of these were caught; but Captain Garmichael discovered the 

 A. H. Wanson about a third of a mile distant. She was hove to under 

 her mainsail, with her rail manned, and fishing on the starboard side, 

 according to the established usage. The morning was clear, and he 

 could see the men on her deck distinctly, casting their lines and throw- 

 ing bait ; he also looked at her through his spyglass, and described 

 certain marks on her to his men, that they might easily distinguish and 

 board her. He then steered in the direction of the A. H. Wanton, and 

 when about fifty yards of her, hoisted his colors, and fired a blank car- 

 tridge. The vessel then showed American colors, and Nickerson, the 

 first officer, and boat's crew, went on board. 



" Nickerson testifies that he also distinctly saw the men casting and 

 hauling in their lines, and throwing bait, until the cutter was within 

 three hundred yards of them. He observed them at this work for about 

 fifteen minutes. After going on deck, he observed four lines over the 

 rail in the water, on the starboard side ; he saw several of the hooks 

 baited with fresh bait ; he saw the bait on the lines in the water after 

 being hauled in ; be also saw scales of fresh mackerel on the deck, and 

 over the inside of the strike barrels then on the deck ; also two bait- 

 boxes, with fresh bait in them pogies and clams. He then signalled 

 for the captain of the Cutter, who came on board, and asked some of 

 the crew why they did not get under weigh when they saw his vessel, 

 having had plenty of time to get off. Some of them replied that they 

 did not see him ; they were not thinking of Cutters, only of Steamers, 

 having arrived only the evening before. The vessel waVtheii in 17 

 fathoms of water, by the lead, less than two miles from Cape Breton 

 shore, and Sea Wolf Island bearing about North by the compass. 

 When seized she was drifting, with mainsail guyed off, in the direction 

 of Sea Wolf Island, forging a trifle ahead. 



"It would be a waste of time to go through the depositions of the 

 other officers and crew of the Cutter, which are more or less affirmative 

 of, and none of them contradict the above. Jones says he saw one man 

 forward of the main rigging throw a scoop of bait into the water. This 

 is confirmed by five others Grant, Langley, Cleas, Evans, and Hen- 

 nesy. 



" Eose says that the crew ceased casting their lines about a minute 

 before the Sweepstakes rounded to. The A. H. Wanson was then inside 

 of two miles from Cape Breton shore, and drifting in, in a Northwest- 

 erly course. 



"From the direction in which the Cutter came, veiling her approach, 

 and with the Nova Scotia vessels intervening, none of the persons on 

 board saw the fish actually taken and hauled up, and the further evi- 

 dence of the three men on board the Dusky Lake becomes very material. 

 Thos. E Nickerson says there were about 100 yards from the A. H. 

 Wanson, lying between her and the shore. He did not see any fish 

 taken or caught by her, he could not see the men hauling any lines or 

 throwing bait from the way the sails hid them, but in answer to the llth 

 question, he says that he saw the Cutter approaching she approached 

 the A. H. Wanson from the south-west, and the witness observed her 

 men standing at the rail, and saw them take their strike-barrels to 

 leeward, and throw round mackerel overboard, and when the Sweep- 

 stakes was rounding to, they hauled in their main sheet, and after the 

 Sweepstakes fired a gun, they hoisted their colors to the main peak. 

 The next witness, Joseph H. Grant, says the A. H. Wanson was lying 

 to under mainsail and foresail ; they appeared to be fishing ; he did not 

 see them catch any ; as the Sweepstakes approached, he observed them 



