624 APPENDIX TO CASE OF GREAT BRITAIN. 
In the United States District Court in and for the District of Alaska. 
The United States v. Schooner ‘‘ Sylvia Handy” and Cargo. 
No. 93.—Bill of Laxceptions. 
Be it remembered that on the trial of this cause, the same being the 22nd day of 
September, 1887, in the District Court of the United States for the District of Alaska, 
holden at Sitka, in the aforesaid district, and at the November term thereof, the 
Government, to sustain the issue on its part, offered the following evidence to the 
Court, viz.: 
I am John C. Moore, Third Lieutenant of the revenue-cutter ‘‘ Bear,” and I was 
such on the 2nd September last. J was present at the seizure of the schooner ‘‘ Sylvia 
Handy” on the 2nd. We were in latitude 54° 12’ north, and longitude 166° 51’, 17 
miles from Cape Cheerful. Captain Healy is Commander of the ‘“ Bear,” R.M.S., 
U.S.N. I was boarding officer, sent by Captain Healy in company with Alex. Wil- 
son; boarded the vessel and found she had forty-two seals on deck unskinned, I 
reported the fact to Captain Healy, who ordered me to seize the vessel. I returned 
and told the captain that I had orders to seize the vessel. He said he would submit, 
but on protest. James Cartheut was in command of the vessel; captain did not 
state how long he had been in Behring’s Sea, but said he thought he had a perfect 
right to sealing in the sea if he was 3 miles from shore. 
This was in waters from the sea navigable by vessels of 10 or more tons burden. 
The schooner was taken to Ounalaska, the skins taken out and stored in the Gov- 
ernment warehouse. 
By Court.—There were 1,637 skins below and 42 on deck. 
Cross-examined by Mr. Clark, 
The only authority you had for making the seizure were Captain Healy’s orders ?— 
Yes, Sir. 
By whose orders did you deliver those skins to Ounalaska?—Under Captain Healy’s 
orders. 
Who did you deliver them to?—I did not deliver them myself, but have a receipt 
for them. 
Who did?—The Captain. 
Were you in command of the vessel?—Yes, Sir. 
He ordered you to deliver the skins in Ounalaska?—Yes, Sir. 
You say you were ordered to deliver the skins in Ounalaska?—Yes, Sir; I delivered 
them to Captain Healy, in Ounalaska. 
34 You stated those skins were placed in the Government warehouse?—Yes, Sir; 
in charge of the United States Marshal. 
What was his name?—Isaac Anderson. 
Have you a receipt for the skins?—Yes, Sir. I have not got it here, but 1 can 
et it. 
: Counsel here produces papers for identification. Witness identifies them. 
Redirect by Mr. Delaney. 
Counsel states that witness may correct any statement which he may have made 
during counsel’s absence for a few minutes. 
Witness states Johnson is Commissioner in Ounalaska, and the skins were deliv- 
ered to the Commissioner, the United States Marshal being absent at the time. 
In the trial of the sealer cases Captain Sheppard, commander of the revenue-cut- 
ter ‘‘Rush,” engaged in cruizing in the Behring’s Sea, testified that shooting and the 
method of taking seals pursued by said seized vessels tended to drive them from their 
usual haunts and breeding and raising grounds in Behring’s Sea, which evidence was 
used and considered in the trial and decision of this cause. 
To which the defendants then and there objected, the objection being overruled 
and the evidence admitted. The defendants there and then excepted to the ruling of 
the Court, and the law, as declared by the Court, viz.: 
This cause having been tried and submitted, the Court, from the evidence, finds 
the following facts and conclusions of law: 
“1. That on the 2nd day of September, 1887, and theretofore, the master and crew 
of the defendants’ vessel were engaged in- killing, and did kill, fur-seals in that 
portion of Behring’s Sea ceded by Russia to the United States by the Treaty of 
March 1867, and within the waters of Alaska, in violation of section 1956 of the 
Revised Statutes of the United States, and that the promiscuous shooting of fur- 
bearing animals in the waters adjacent to the Islands of St. Paul and St. George, 
