neeVfi'tnMit.fsmhmat 



347 





" Q. And within four miles of them 'I— -A. Well, yoB. 



" Q. Hut you did not generally run in no close ? — A. We might have done so. I could not tell 

 exactly liow far off we fished. We used tu cateh our lish ou diileront days in different places. 



"Q. Vou W(!re usked whether you woiil.l noi, hiive your i>ar.s open ami your undorstandiug to 

 know where other people caught their flsli, and your answer wa.-* that some people had their choice ? 

 — A. V'es, sir 



" Q. Tliat is to say that some people liave their choice to fish in certain places and other in different 

 |)lacea ? — A. Yes. 



" Q. And that is the only answer you gave. I suppose that you did hear where others were 

 tisliins- Have you given a full answer ?— A. I have given a full answer, 



" Q. You must have heard where others have lished ? — A. Of course if a man gets a full trip on 

 Orphan Bank lio will go there again. 



" (J. Ho does not earn where others have fished ? — A. No. 



" Q. Tlien it i.'* ]iii.ssii)le that sonic fish altogether in one place, and some altogether in another 

 place ? — A. Well, 1 dnn't know anything about that— I only know my own experience. 



" Q. Then you ciui j,'ivi) no idea wlinro lish are cunght except your own uctuiil exiierience ? — A 

 Well, I know where iieoplc havi^ said. 



"Q. That is just what Mr. Dana asked you. 1 want to take the sanie ground that ho did that 

 your cars wito i)i)eu and you undiirsti' Y^oiir answer was simply that some had their choice? — A. 



If I .spoke a vi's.si^l anil he said there wa.> a good prospect at Bradley I should go there. If he said 

 there was good fishing on the Magdalens 1 shoulil go there. 



"Q. 1 thnujihtyour answer was that .-onic would liavo ihoir choicp, that no matter what they 

 henrd, they would still go to the same jdiicps ?— A. 1 would go whon' 1 got good entehes the year 

 befoiv. 



"Q. 'then yon did'nt hear of others fishing in other plnces ? — A I hnvn heard of them fishing 

 at Bradley and Magdalens, and up the Gulf" 



Again : — 



" Q. Now 1 don't want to trouble you with reading any opinions, but about what time was it 

 .iscertained that the mackerel fishing was inshore ? — A. I could not tclL 



" Q, At the time yon mentioned it was not known that it was an in.=ihore lishery at all ? — A. No. 

 not to my knowledge. 



" Q. It was after it wius ascertained that it was an inshore tishi^ry that yon hnard of a difficulty 

 about the limit ? — A. Yes." 



By Mr. Dana .- — 



" Q. I wish to ask you with reference to the last qxiestion, when you ascertained that the mackerel 

 fishery was an in.shore fi.shery ? — A. I stated it was not in the year 1838. 



" Q. Mr. Weatherbe asked you when you first ascertained that the mackerel lishory was an inshore 

 fishery, iuid whether ilii.s or that happened before you ascertained th.at it was an inshore fishery. 

 Now have vou ever learned that it was an iushoni fishery in dLstuiction from an outshore fi.^herv ? — A. 

 No. 



"Q, Well, what do you mean when you spoak of ' after you understood it waa an inshore fishery.' 

 Do you mean mainly or largely inshor(> ? — A. No. We would hardly ever catch any inshore in the 

 first part of the season. Some parts of the year they did take them inshore and offshore too. 



" Q. Taking them all through, where did you catch them ?— A. Most of them are caught oilshore." 



By Mr. yVeatnerbe .- — 



"Q. I asked when it was that the difliculty fir.st arose about the limit, and whether it was 

 after it was considered an inshore fishery, that is, 18;il) ?— A. I re.'envd to the year 1838. It was an 

 insho'e fishery when thoy lished there. Whi'ii vi-.ssi'ls didn't fish there, you could not call it an inshore 

 fishety." 



The attempt of many witnesses to show tiuu the fishing was all carried on outside of 

 three miles was amusing, to say llie least. 



Isaac Burgess, of Belfast, Maine, (isherman, called on beliaif of the Government of 

 the United States, sworn and examined. 



By Mr. Foster . — 



This witness fislicd in the Gulf of St. Lawrence in the years ISlJS, 1869, 1872, and 

 1874, and excepting on one day, all his fisliing was outside of three mile.s. 



By Mr. Wcatherlw. — 



" Q. You caught your mackerel four mdes otf"' — A. Yes. 

 •'IJ. Wliat proportion? — A. '•latf of them — I could not tell. 



"Q. I suppose that would be the distance you would select as being good fishing? — A. Yes sir. 

 " Q. That would be the best fishing you have? — A. Yes, sir. 



" Q„ I suppose most of the fishermen ILshed that distance ? — A. Yes, they generally fished oflf there 

 near four or five miles. 



"tj. It is considered about the best fishing for four or five miles ^— A. Yes, it is. 

 Q. I suppose in some places the fish would go in three and a half miles ? — A. Yes, some fish do. 



