Appendix to the Memorial. 191 



The schooner was seized by Captain Knowlton of the cruiser 

 Aberdeen, who saw the crew of the schooner haihng fish from 

 the seine on board the schooner, and took bearings from the place 

 where they were doing so. From this place the north-west point 

 of Big White Island bore W. N. W. and Liscombe Light bore N. 

 E. ^ N. This place was less than a mile and three-quarters 

 from Gull Islands off the coast of Nova Scotia by actual measure- 

 ments. (See the evidence of Captain Knowlton, of Captain 

 Arthur Morin, 1st Officer of the Aberdeen, of Levi Whitman, 

 3rd Officer of the Aberdeen, of Commander Spain, of Ernest 

 Kinney, 1st Officer of the cruiser Acadia and of William J. 

 Milne, 2nd Officer of the cruiser Acadia). The schooner took 

 no bearings and evidently no pains to ascertain her position during 

 the fishing. It is not controverted that immediately after the 

 seizure Captain Doren. master of the schooner, told Mr. Bennet, 

 3rd officer of the Aberdeen, that "if he was put on oath he w^ould 

 not swear if she was inside or outside of the limits; that he 

 had an old chart there that he could not depend on." 



Captain Angrove, who is a master mariner of considerable 

 experience upon the coast, and who moreover was called for the 

 defense gave as his opinion, in view of the time and place of the 

 seizure, and the conditions of the weather assumed to have ex- 

 isted at the time, that the schooner would not have drifted to the 

 position where she was seized if she had netted the fish outside 

 the three-mile limit, and his opinion is supported by several fisher- 

 men who were called upon the same point. Captain MacKenzie of 

 the cruiser Vigilant testifies, on the other hand, that in his opinion 

 the schooner would drift in, and that in fact he himself had 

 drifted in at the same time. 



Tlie main fact, however, that the schooner was at the time 

 of the seizure lying within a mile and three-quarters of the land 

 was established by the concurrent testimony of many witnesses, 

 and was not controverted. None of the six judges who considered 

 the evidence had any difficulty in finding that the vessel was seized 

 in that position. 



From the tenor of Your Excellency's note it would seem 

 that tl:e United States Government do not admit that Gull Ledge 

 is part of the coast of Nova Scotia, but it can scarcely be con- 

 tended that the territorial waters of Canada do not extend three 



