3390 AWARD OF THE FISHERY COMMISSION. 



take their strike barrels to leeward, and throw the mackerel overboard, 

 he could not see any one throwing bait ; but saw the tole of bait in the 

 water, as is usual when bait is throwing, in order to raise mackerel. 



"By the ninth cross interrogatory he was asked < would not any ves- 

 sel drifting along use the same sails and appear in the same position as 

 the A. H. Wanson f Is there anything particular in the use of their 

 sails by vessels employed in mackerel fishing more than in any other 

 vessels ? ' To which his answer is : ' I cannot say never saw any ves- 

 sel in that position unless she was fishing. There is quite a difference.' 

 He had previously said that he had been two years engaged in the hook 

 and line mackerel fishing in the Gulf of St. Lawrence, and was quite 

 familiar with the way in which the fish are caught. 



*The remaining witness, Thomas Eoberts, who was described at the 

 hearing as the master, says the A. H. Wanson was lying north-west, 

 arid about 200 yards from the Dusky Lake, they (that is the men of the 

 A. H. Wanson) catching mackerel, lying head to the southward, under 

 her mainsail. They were fishing, and the witness saw them catch fish 

 mackerel. She was inside of three miles. He further says : ' I ob- 

 served lines on the starboard side. I saw the men handling the lines 

 sixteen or seventeen men. They hauled them in with fish on them, and 

 slatted them off, and threw them out again. ... I saw them throw- 

 ing bait in the manner usual for attracting mackerel." In his thirteenth 

 answer, he says : ' I can positively swear they were catching mackerel, 

 and were within three marine miles of the shores of Cape Breton.' 

 When the Sweepstakes ran down upon them from the south-west they 

 gave up fishing, and carried their strike- barrels to leeward, and threw 

 the fish overboard." In answer to the eleventh and thirteenth cross- 

 interrogatories, he says : ' 1 saw them heaving bait, casting lines, catch- 

 ing mackerel, and dumping them overboard, and coiling up their lines. 

 They were slatting fish off of their lines after hauling them in.' 



" Let us consider the effect of this mass of evidence, which I have 

 gone into with a particularity very unusual with me, and only to be justi- 

 fied by the nature of the charge, and the necessity of vindicating every 

 judgment that is pronounced. Here is a fleet of vessels, Nova Scotian 

 and American, on a fine clear morning, busily engaged in fishing, the 

 mackerel rising all around, and no hostile cutter supposed to be near. 

 The Americans think little of the prohibition which the new and more 

 vigorous policy of the Dominion has imposed. They are impatient of 

 the exclusive right claimed by the Canadian people on the principles 

 of international law, and the faith of treaties; and violate it without 

 scruples whenever the opportunity occurs. Hence the eagerness, and 

 the openness too, with which these American fishermen are plying their 

 task on this particular morning. What should we say, if we were told 

 that one vessel only was virtuous or strong enough to resist the tempta- 

 tions, and to hold their hands from touching their neighbour's goods ? 

 The captain of the Wampatuck, when caught in the act, excused him- 

 self, on the ground, that his crew were so crazy to catch fish, that they 

 would not stop. But, here on the decks of the A. H. Wanson was a 

 model crew, who would not catch mackerel within the three miles, 

 though swarming around them. That is the sole defence in this case. 

 They admit that they were within three miles of the shore that they 

 were lying guyed off under mainsail, and with their anchor up, heading 

 south-south east towards the shore in the very position for fishing 

 they were not aware'of the arrival of the cutter and yet they would 

 have this Court believe that they were not fishing. It would be a great 

 stretch of credulity to believe this in the absence of evidence to the con- 



