Appendix to the Memorwl. 21 



Q. Where were your crew at the time? A. They were all on 

 deck; I was aloft at the mast head. 



Q. At that time where did the Gerring lie? A. I think she 

 was about 7S or 100 yards to the south of Hardy. 



O. How far did you iud<^e yourself to be from the line that 

 the Vigilant was on? A. I thought we were nothing less than 

 150 yards, if not more; I did not think we were anything over 

 that. 



Q. You thought you were 150 yards to the south of the Vigi- 

 lant? A. Yes. 



Q. At that time the school of fish was running? A. Yes, 

 they were all up playing in the water. 



O. Now, did you get out your seine? A. No, we wanted to 

 find out first that we did not make any mistake in regard to the 

 instructions given by the captain of the Vigilant to Capt. Hardy, 

 and we rowed up to Capt. Hardy's boat ; we got in our boat and 

 rowed up to Capt. Hardy's boat to ask him. He had his seine out 

 then (Mr. Ritchie objects to evidence of conversation between wit- 

 ness and Capt. Hardy). We asked Capt. Hardy what the captain 

 of the cutter said, and he told us that he said he was jogging on 

 the line. We had heard him say that, but we wanted to make sure, j 

 Capt. Hardy said to go ahead and set, that the captain of the Vigi- 

 lant said he was jogging on the line, and we did set and soon 

 caught the fish. 



Q. When you went in the boat, did all of your men go with 

 you? A. Yes, all went except the cook, who was left in charge of 

 the vessel. 



Q. After getting the statement from Captain Hardy, you set 

 the seine and caught the fish? A. Yes. 



Q. While you were at work did the Vigilant sail up and 

 down past you ? A. Yes, she passed us three times. 



Q. How close was she to you while you were fishing? A. I 

 judge that she would be 150 yards inshore of us to the northward, 

 if not more. 



Q. Did the Vigilant interfere with you or with the Has- 

 kins? A. No, she never bothered us in the least; she was there an 

 hour if not longer. 



Q. The captain of the Vigilant never hailed you or said 

 that you were inside the limits? A. No, not in any shape or man- 

 ner after tellincr us that he was on the line. 



