APPENDIX TO CASE OF GREAT BRITAIN. 363 
328 [Inclosure 11 in No. 237.] 
Statement of Captain O’ Leary. 
VicToriA, BRITISH COLUMBIA, August 80, 1889. 
Captain O’Leary states that he sailed as master on board the British schooner 
“Pathfinder,” owned by Carne and Munsie, of Victoria. We cleared at Custom- 
house on the 17th April for a sailing expedition to the North Pacific Ocean and on 
Behring’s Sea. We had fair success, and shipped the early season’s catch to Vic- 
toria. We entered Behring’s Sea on the Ist July, and up to the 27th of that month 
had taken about 860 skins, the weather being rather unfavourable for sealing up to 
that time. On the morning of the 29th we sighted the United States cutter 
“ Richard Rush” in about 57° 24’ north latitude, 172° 14’ west longitude. Com- 
mander Shepard ordered me to heave-to; I did so: as there was no wind, escape was 
impossible. First Lieutenant Tuttle came on board with a boat’s crew, and asked 
me if I was sealing; I told him Iwas. He asked me how many skins I had on 
board; I told him J had about 854. He then returned to the Revenue-cutter, and in 
a short time returned and told me he was going to seize my vessel. I asked him 
what he was going to seize me for; he said for sealing in Behring’s Sea. His men 
then searched my vessel, and took all the ship’s papers, 854 sealskins, 12 rifles and 
shot-guns, also all shells, cartridges, &c., which were transferred to the cutter 
‘*Rush.” He put one of his crew on board my vessel, and told me to proceed to 
Sitka with the ‘“‘ Pathfinder.” The ‘ Rush” then steamed away, and I headed the 
*¢Patbfinder” south. After we were well out of the Behring’s Sea, some of my crew 
informed the American officer that we were bound for Victoria. He said nothing to 
me, nor did he offer any objection. As the month of August is our best sealing 
month, I consider we could easily have taken 3,000 seals in all to the end of the 
sealing season. 
(Signed) W. O’LEarY. 
Sworn before me this 31st day of August, 1889. 
(Signed) J. W. SHOTBOLT, 
Justice of the Peace. 
[Inclosure 12 in No. 237.] 
Captain Shepard, U. S. N., to Mr. Hunter. 
. UNITED STATES REVENUE-CUTTER ‘‘ RUSH,” 
Behring’s Sea, Lat. 57° 24’ N., Long. 171° 55' W., July 29, 1889. 
Str: You are hereby appointed a special officer, and are directed to proceed on 
board the schooner ‘‘ Pathfinder,” of Victoria, British Columbia, this day seized for 
violation of section 1956 Revised Statutes of the United States, and assume charge 
of the said vessel, her officers and crew, twenty white men, all told; excepting the 
navigation of the vessel, which is reserved to Captain O’Leary, and which you will 
not interfere with unless you become convinced he is proceeding to some other than 
your port of destination, in which event you are authorized to assume full charge of 
the vesse!. Everything being in readiness, you will direct Captain O’Leary to make 
the best of his way to Sitka, Alaska, and upon arrival at that port you will report 
in person to the United States District Attorney for the District of Alaska, and 
deliver it to him, the letter so addressed, the schooner, her outfit, and the persons of 
Captain William O’Leary and mate, A. Davidson, and set the crew at liberty. 
After being relieved of the property and persons intrusted to your care, you will 
await at Sitka the arrival of the “‘ Rush.” 
Respectfully, &c. (Signed) L. G. SHEPARD. 
[Inclosure 13 in No. 237.] 
Deputy Governor Sir W. Ritchie to Lord Knutsford. 
OTTAWA, September 24, 1889. 
My Lorp: I have the honour to forward herewith a copy of an approved Minute 
of the Privy Council, submitting a copy of the attidavit of the master of the British 
sealing-schooner ‘ Lily,” which vessel was seized in Behring’s Sea by the United 
States Revenue-cutter ‘‘ Richard Rush” on the 6th ultimo, about 60 miles from the 
nearest land, together with a copy of the certificate of seizure signed by the captain 
of the ‘‘ Richard Rush,” and a sealed communication addressed to the United States 
District Attorney at Sitka. 
I have, &c. (Signed) W. J. RITCHIE, 
