APPENDIX. 21 



Captain McKenzie says the Gerring was inside the limits when 

 seized, but it must be remembered that when he took his own 

 bearings he was nearh' two miles away and could not take them 

 accurately, and a slight inacccuracy would make a great difference 

 as to the Gerring's position. And while he says he himself drifted 

 in, it must be remembered he was sailing close to the line heading 

 west along the shore. Besides, his vessel being light would drift 

 much easier, while the Gerring could not drift in shore because the 

 weight of her seine in the water would prevent her, while the 

 current would carry the seine and vessel with it. Capt. Knowlton 

 was asked (p. 26, 1-24) how was the Gerring heading? Ans. I 

 judge she was heachng about S.S.W. I would judge so.— Q. 

 Would she be heading off shore? A. Yes. — Q. In what direction, 

 in your judgment, was the tide at that particular place? A. I 

 think the tide would probably be westerly. — Q. That is off shore? 

 A. It would be along the line of the shore. — Q. That is carrying 

 her westerly? A. Yes. 



Is this not conclusive that if she drifted at all she drifted westerly 

 and if so, then Capt, Knowlton could not have found her where 

 he says he did. If McKenzie is right in placing her at the time 

 she pursed her seine up, then Knowlton is clearly wrong, and if 

 Knowlton is right, then McKenzie is wrong. Which one of these 

 two important crown witnesses is correct.? 



Captain Knowlton says there was a light draft of wind at the 

 time from the east or east-south-east. And as regards the tide ho 

 says (p. 23, 1.40 and p. 24, 1.13) "It would be apt to send the 

 Gerring to the westward slightly and set her along the coast." 

 This is a clear admission from, him that she did not drift from where 

 McKenzi<' left her to the place he found her. She would be 

 drifting along the shore instead of drifting N. by W. 5 N., to the 

 place where he says he found her. This would carry her to the 

 southwarrl and westward and away from the three mile line. 

 Question put to Knowlton: "The question I asked was whether, 

 in your judgment from the trend of the current, you would say that 

 the seine had been set further away from Gull Ledge than it was 

 at the time the fish were being taken out of it?" Answer: "Well, 

 I think it would slightly." (p. 24, 1 .7). From this it is clear that 

 between the time McKenzie left her and Knowlton found her she 

 had only drifted .slightly, but in order to show she was inside the 

 lines they must show she drifted nearly two miles in an hour 

 Ifow (•(Mild she do this if she only drifted slightly, especially in a 

 N. by W. \ N. direction, .ind against the wind and tide with her 



