40 The Frederick Gerring, Jr. 



Q. If there is a heavy swell it would wash it in? A. No, I 

 don't think so. I have been fishing a good many years. 



Q. About how long after the Vigilant said that she was on 

 the line was it that the net was set? A. Probably it would be 10 to 

 20 minutes. It may have been half an hour. I did not keep any 

 time. 



Q. Are you sure that the Vigilant came back after the seine 

 was set? A. Yes. 



Q. Was she in sight when you were taking the fish out? A. 

 Yes, we had at least half out when she was close alongside. She 

 was within hailing distance. 



Q. She passed you, did she? A. Yes, she passed inshore to 

 leeward of us. 



Monday, June 1st. 

 Before Mr. Des Bar res, Deputy Registrar. 



Present : ; 



Mr. Ritchie, O. C, for PlaintifT. 

 Mr. MacCoy, Q. C, for Defendant. 



LEANDER GAUD'ET, recalled. 



Cross-examination by Mr. Ritchie, continued. 



Q. How many boats were engaged in setting and drawing the 

 seine? A. One boat. 



Q. Did you go in a boat from the Gerring to the Haskins? 

 A. Yes. 



Q. Was the Haskins' seine set then ? A. No. 



Q. Which seine was set first, the Haskins' or the Gerring'sf 

 A. The Haskins set their seine first. 



Q. Was the Haskins' seine drawn before the Gerring's seine 

 was set? A. No, the Haskins' seine was not drawn before the 

 Gerring's seine was set; they commenced to set their seine before 

 the Gerring. 



Q. In what state of progress was the Gerring's seine at the 

 time the Haskins went away. A. They were bailing out their 

 fish. 



