APPENDIX. 19 



It was about one or one and one half hours after this that the 

 Dominion cruiser Aberdeen seized her because it was alleged she 

 was then inside of the three mile limit. The plaintiff admits that 

 if she was inside of the three mile limit the only thing she did was 

 to continue bailing the fish from, the seine into the schooner. They 

 also admit that from the time the seine was set until pursed up 

 was only about ten minutes, and Capt. IVIcKenzie says the reason 

 he did not seize her was because she was outside the limit. The 

 plaintiff's witnesses all admit that there was some \nnd from the 

 eastward that afternoon, sufficient to enable the Gerring to run down 

 to her seine and to enable the Vigilant to sail away to the westward, 

 and also that the current was running westerly, oi> more correctly 

 speaking southward and westward. It is also important to recollect 

 that at the time the Vigilant left her and at the time she was seized, 

 the Gerring was heading off shore. Captain Knowlton of the 

 Aberdeen says that when he seized the Gerring it was between 

 five and six o'clock p.m., so that according to his story she was an 

 hour drifting over one mile. It was also admitted by the plaintiff, 

 and indeed could not be denied, that if Capt. McKenzie was correct 

 i-n his cross bearings at the time the Gerring was fastened to her 

 seine and pursed up, then being outside of the limit, it was impos- 

 sible that she could be in the position as stated Ijy Capt. Knowlton 

 at the time she was seized. A look at the chart will fully substan- 

 tiate this position. It was impossible for the Gerring if she drifted 

 at all, to drift in the direction of and be in the place where Capt. 

 Knowlton says he found her. He says he took bearings at the place 

 where he seized her, and that the north west point of Big White 

 Island bore W.N.W., and Liscomb Light bore N.E. | N., less 

 than one mile and three quarters from dull Ledge, so that she must 

 have drifted about one and three-(iuarter miles in one hour to the 

 N. by W. 5 W., against a wind from the eastward and the current 

 running to the S.W. — a thing impossible. It may be said this was 

 a question for the court below. It is submitted that it is equally 

 a question for the Court of Appeal, inasmuch as there is a con- 

 tradiction between the two important witnesses for the Crown, 

 and the defendant should not suffer for the mistake in Capt. 

 Knowlton's bearings, for it is beyond doubt that if Capt. Mc- 

 Kenzie's bearings are correct, then Capt. Knowlton's bearings 

 juust be wrong, and this was admitted. The defendant admits 

 on the question of fact, the rule was in the Privy Council that the 

 finding of the Court below in Admiralty matters is almost conclu- 

 sive, and it will not reverse the finding unless it is convinced that it 



