96 The Frederick Gerring, Jr. 



Vigilant was at this time some distance to the westward of the 

 Frederick Gerring. On approaching the Frederick Gerring and 

 finding her engaged in fishing Capt. Knowhon of the Aberdeen 

 took the bearings of his own ship and that of the Frederick 

 Gerring and found that according to those bearings she was 

 within two miles of the coast, and after communicating 

 with the master of the Frederick Gerring arrested her for the 

 offence of fishing v.-ithin the prescribed limits. The evidence of 

 Capt. Knowlton and his officers as to the exact locaHty in which he 

 found the Frederick Gerring when the Aberdeen came up to her, 

 appear to be very definite and precise. The cross bearings by 

 which he determined that locality appear to be very carefully taken 

 by himself and verified by his officers, all very intelligent and seem- 

 ingly capable men, and it was admitted by Mr. MacCoy, the learned 

 counsel for the defense, that if these bearings were correct, and no 

 error, accidental or intentional, occurred in taking them, it could 

 not be disputed that the defendant vessel was more than a mile in- 

 side of the prohibited line when seized. The master of the Fred- 

 erick Gerring took no bearings and could give no idea of his posi- 

 tion other than an impression he entertained that he could not in 

 the time which had intervened since he threw his seine, have drifted 

 so far inwards from the place where Capt. MacKenzie had at that 

 time located him. This in fact is the only argument on which the 

 defendants rest this point of their case, that is to say, if Capt. Mac- 

 Kenzie was right in the position assigned to the schooner when he 

 left her about half past four o'clock p. m., it was improbable 

 if not impossible she could have in the intervening time 

 drifted inshore so far as the spot where Capt. Knowlton 

 alleges he found her, and several respectable sea-faring per- 

 sons were examined, who stated their opinion as experts that 

 takinsr into consideration the state of the weather, wind, tide 

 and currents then prevailing at this particular locality, they 

 did not think it likely or possible that the change of the posi- 

 tion of the schooner or seine involved in the contention of Capt. 

 Knowlton could have taken place. Apart from the recognized un- 

 certainty of expert evidence of this character, it is in evidence that 

 the master of the Frederick Gerring at the time the Vigilant 

 was in his neighborhood was himself uncertain as to his position 

 and was guided in his decision to throw his seine by 



