312 OWNERSHIP OF CERTAIN SEALING VESSELS. 



she would cost $4,000.00; we paid that in the first place and then I put 

 machinery in her afterwards, so she would — aud then she was burnt — her 

 decks were burnt out. They were raised on here, and made her larger 

 and a good deal of money was spent on her. After that she was valued 

 at about $8,000.00. The Grace when she was all ready fitted out, and all 

 the gear aboard — for passengers, and her hoisting gear, and all this — 

 she cost about $16,000.00, and the Dolphin about the same. The Say- 

 ward cost, say, between $6,000.00 and $7,000.0!). 



" Q. But did you always own the whole of the Saywardf — A. "No; 

 only half. 



" Q. Who was the owner of the other half? — A. Andrew Laing. 



" Court. Then there is the Bustler. — A. The Bustler, she was 

 bought in the fall, I think. 



"Q. I mean to say, Avhat was her cost? — A. We bought her a wreck 

 and had to fix her up. She cost, I think, something over $2,000.00. 



" Mr. Belyea. After she was fixed? 



"A. Yes; I think she cost in the neighborhood of $2,500.00, alto- 

 gether, when she was put in thorough order." 



Court in session, December 15th, 1890. 



J. D. Warren, in cross-examination, page 117 of the record, as to 

 his claim against Boscowitz, testified as follows: 



" Q. What do you claim, as against Mr. Boscowitz, in respect of these 

 schooners; the whole of their value, the half of their value, or what? — 

 A. In respect of what, the hulls? 



" Q. Yes. — A. Well, I don't know about that. That is for the court 

 to decide about that. 



"Q. Well, what do you claim? — A. Well, I claim that I put in so 

 much money; that Mr. Boscowitz was to furnish what he didn't furnish 

 for the sealing business. I furnished it. 



" Q. I am asking you in respect of the schooners. Do you expect 

 any claim, or make any claim ? — A. Well, I don't know. I made a 

 claim against the United States. 



" Q. Are we to understand that you make a claim against Mr. Bos- 

 cowitz in respect of these schooners or not? — A. That is for the court 

 to decide. 



" Q. Do you think if you do not make any claim the court will de- 

 cide you have a claim? Are you making any claim against the United 

 States Government in respect of these vessels? — A. I am; yes. 



" Q. Do you make any claim against Mr. Boscowitz in respect of this 

 business ? — A. My business ? I gave it to the creditors. 



"Q. Do you or have you instructed your assignees? — A. I don't know 

 what the assignees did. 



" Q. Have you made any claim, or do you make any claim against Mr. 

 Boscowitz? — A. I don't know, personally, I make any claim against 

 him. I put in so much money that he was to furnish for the outfit. 



"Court. If he makes a claim against the United States it must be a 

 claim in derogation of Mr. Boscowitz's claim, because, whatever befalls, 

 you would suppose he claims enough to pay the mortgages in full. 

 What is the nature of the claim made against the United States — the 

 whole value of the schooners, or only so much as remained after the 

 mortgages were paid off ? 



" A. I put in what I value the schooners at, and outfit, and I was 



