3392 AWARD OF THE FISHERY COMMISSION. 



tion that she had been fishing on that day, she was seized on the loth 

 October, in the Strait of Canso, and libelled in the usual form on the 2nd 

 November, and a responsive allegation put in. The vessel and cargo 

 were afterward liberated on bail at the appraised value of $2,500, and 

 depositions were taken both sides, and cross-interrogatories filed. Some 

 irregularities appear on the face of them, which were waived by consent 

 as endorsed, and the case came before me on the 6th instant, on the 

 pleadings, and eighteen depositions, those of the master, second mate, 

 and six of the crew of the Ida J&., and of six of the crew of two Luuen- 

 burg vessels, produced on the part of the prosecution, and those of the 

 first mate of the Ida E., and of the master and two of the crew of the 

 A. J. Franklin, produced on the defence. 



"Captain Tory states that on the morning of the llth October, he saw 

 the mackerel fleet close to the shore in Broad Cove, engaged in fishing, 

 and having run outside until he got about midway, he fired a blank 

 shot, for the purpose of ascertaining, by their returning the signal, what 

 vessels were British and what not. The A. J. Franklin then came out 

 from the centre of the fleet, and immediately set all sail and ran direct 

 from the land, as if trying to avoid detection. To prevent her escape 

 the captain ordered a shot to be fired across her bow, when she hauled 

 down her jib, and hove to. The two vessels were then about 2 miles 

 from Marsh Point in Broad Cove, and less than 2 miles from Sea Wolf 

 Island. The captain at once boarded the A. J. Franklin, and found 

 some mackerel lines coiled up on the rail that were wet, the hooks at- 

 tached thereto being newly or fresh baited, and fresh fish-blood and 

 mackerel gills on deck ; he saw also other lines coiled up under the rail, 

 which were dry. Captain Tory charged Captain isass with fishing that 

 morning inside the limits, and he admitted that he was lying to with 

 his jib down and sheets off when the first gun was fired, but denied that 

 he had caught any mackerel. He said, however, that he had caught 

 two or three codfish. He accounted for his lines being so recently wet 

 by the washing of the deck. His attention was then called to the gills, 

 blood, and bait on deck, but no fresh mackerel being found, and Nass 

 solemnly denying having caught any, and appealing to two vessels, 

 which he named, for confirmation of his statement, Capt. Tory released 

 him, warning him, however, that if he ascertained that he had been 

 fishing, or trying to fish, within the limits that morning, that he would 

 seize him wherever he caught him, within three miles of the coast. 



"This statement is confirmed by the other men who boarded the ves- 

 sel with Capt. Tory. Matson thinks the A. J. Franklin was not more 

 than one and a-half miles from the shore when they first saw her. Nass 

 at first denied that he had his jib down, but afterwards admitted it, and 

 said he was waiting to see if the other vessels caught any mackerel. 

 Although this circumstance, and his being so near the shore were sus- 

 picious, it is obvious that on the facts as they then appeared, the seizure 

 of the vessel could not have been justified, especially if it be true, as 

 stated in the defendants' evidence, that she was then outside of the three 

 miles. 



" The evidence of the Lunenburg men is, therefore, very material, and 

 we must see what it amounts to. There were two vessels, the Cherub 

 and the Nimble, and the A. J. Franklin lay within 60 to 100 yards of 

 them. The crews spoke together while trying to fish. Arnburg saw 

 three of the crew of the A. J. Franklin- fishing, saw them catch cod- 

 fish three he is sure of ; she was in the position to catch mackerel, and 

 was then about a mile from the shore. The witness saw no mackerel 

 caught, and no fish thrown overboard. Rodenizer states that the A. J. 



