772 CORRESPONDENCE, ETC. 



from the person in charge of the schooner to take down this process 

 so that I might read, and, if possible, ascertain from its contents what 

 offenses were charged against this vessel. My request was refused; 

 and right here I may remark that it seems a strange course of pro- 

 cedure to serve a party with a process to appear and defend a suit, 

 and then prohibit that party and those interested in his protection 

 and defense in respect to that suit, from seeing or inspecting the 

 process thus served. The frequent changes as to the custodians of this 

 vessel, the mysterious secret, and unexplained movements of these 

 officials, and their refusal to set forth any of the alleged offenses 

 charged to the vessel, was most aggravating. 



All the parties to the controversy were on the ground, and want of 

 knowledge could not be urged as a reason why this information was 

 withheld. Not until after my arrival in Halifax, on the 14th of May, 

 did I receive the slightest intimation of the charge against the vessel, 

 but on the contrary every effort was made to conceal it. All I could 

 do under the circumstances was to serve Captain Scott, and the person 

 in charge of the schooner, with protest. Captain Scott arrived in 

 Halifax on the 12th. On the 14th he sent me a second reply, in which 

 he stated that the vessel was seized for a violation of the imperial 

 statutes in entering a port for other than a legal purpose. 



The facts in this case, as I obtained them from Captain Kinney, are 

 as follows: 



The David J. Adams entered Digby Bay on Wednesday evening, 

 May 5, 1886. Her captain purchased from a fisherman named Ellis, 

 residing at the entrance of Digby Bay, nearly five barrels of bait. 

 On Thursday he purchased from several fishermen, whose names he 

 did not know, nearly seven barrels of bait. He then brought his 

 vessel to anchor. It appears that this man Ellis had promised to sell 

 this bait to a Canadian captain named Sproule for 75 cents per bar- 

 rel, but getting $1.25 from the captain of the David J. Adams, sold it 

 to him. The Canadian captain reported the sale to the collector, who 

 telegraphed for the Lansdowne, which arrived during the night. On 

 Friday morning the David J. Adams in sailing out of the basin was 

 hailed by a boat from the Lansdowne and came alongside, the com- 

 mander of which asked the name of the vessel and that of her owner, 

 where she was from, and her business in the basin. Being answered 

 by the captain in his own way, the boat returned to the Lansdowne 

 without ordering the vessel to sea. The schooner continued her 

 course, but ran aground, and while in this position she was boarded 

 a second time. The officer in charge stated that he had orders from 

 Captain Scott to search the vessel, and immediately proceeded to carry 

 out the order, and found some herring. The captain was asked how 

 old they were. He replied about ten days. The boat again returned 

 to the Lansdowne and brought to the schooner a new officer, who 

 examined the vessel and returned to the Lansdowne. The fourth 

 visit to the vessel brought Captain Scott, who, in the name of the 

 Queen, seized her. On Saturday morning the vessel was taken to 

 St. John, N. B., and on Sunday she was returned to Digby, the place 

 of capture. 



A suit has been begun in the supreme court of Xova Scotia at Hali- 

 fax in the name of the Queen against Alden Kinney, master, in 

 which the following claim is made, namely, for 200 sterling, equal 



