line 25.

App. B, 102, based upon a statement in Exhibit No. 64 (G. B.), claims Nos. 6, 7, 9, and 10. By this it appears that the policy was canceled on August 18th, and the only damage that the owner could have sustained by reason of the seizure was the amount of premium for the thirty-one days from July 17th to August 18th, having received the benefit of his policy from January 3, 1887, to the date of seizure.

R., 1165, line 30.

R,. 1165, line 50; 1179, line 28.

R., 1171, line

The item "769 skins, at $6.50 each, $4,998" will be discussed in connection with a similar item appearing in the schedule of the damages claimed in the case of the Dolphin.

In the cross-examination of Captain Warren, he made the following statement:

I chartered her [the Grace] to the United States marshal, and the United States marshal allowed us to take all the provisions that was left on the Grace and the Dolphin to help fit her to go to Unalaska to bring the skins.

For this charter Warren received $2,500, out of which the wages of the captain, mate, and crew were paid, leaving a balance in the hands of Warren of $2,030. No reference is made in the British Argument to this charter, and no deduction is made for the money received therefor. It is claimed that from whatever amount of damages sustained by the owner as a result of the seizure there must be deducted the sum thus received by Captain Warren.

In the case of the Dolphin the items for "slop chest," "iron tanks," "casks," "26 guns at $40 each, "10 muzzle-loading guns at $20 each," "4 rifles at $22.50 each," "bomb guns," "tools," and "cooking stove," are based upon the testimony of Captain Warren, and what has been said in reference to his testimony in considering similar items in the schedule of the damages claimed for the Grace equally apply

here.

The firearms mentioned in this schedule are derived from a list contained in an account book, from which

the witness Warren testified. In his examination in reference to this account book, and particularly to this list on which the item for firearms in the opposing Argument is based, Warren testified:

Q. And at the foot is this statement, "The guns returned." R., 1162, line A. Yes; that is, the Indian guns. That statement is that

14 were returned and that one of my own, a private fowling piece, was returned.

*

27.

37.

The Indians on the Dolphin got their guns back; I do R., 1159, line not know, but I suppose that the Indians on the Grace got theirs back also. They were there at the time and I know they were given what they claimed.

Q. Do you mean by "their guns" guns furnished then by you?

A. No; their own guns. There were quite a number of them seized.

Q. Were there any guns on the Dolphin besides those you did not get back?

A. Yes; quite a lot.

Q. How many?

A. There was about 21 shotguns and about 4 rifles, as near as I can remember.

Q. Do you mean belonging to the Dolphin?

A. Yes, sir.

It is apparent, therefore, from this evidence that the "ten muzzle-loading guns" and five of the shotguns were returned, which would corroborate the statement of the witness of the number of guns taken as "about 21 shotguns and about 4 rifles."

55.

The witness Warren states that he bought some of R., 1159, line these guns at auction when they were sold by the R., 1170, line

45.

App. B., 171,

App. B., 178,

United States marshal in April, 1888. The sale to App. B., 171, which reference is made occurred on April 19, 1888, line 16. at Sitka, at which time the sale of seal skins also took place. The guns of the Dolphin were purchased by line 23. Warren for $299.50, and those of the Grace for $91.50. line 48. Subsequently to this sale the marshal sold “ guns, ammunition," etc., from the schooner Dolphin, for App. B., 171, $62.41, and "guns, ammunition," etc., from the schooner Grace for $135.27. As these latter sales App. B., 178,

line 25.

line 54.

included the ammunition which was taken from the
vessels, it is apparent that the majority of the guns
were disposed of at the sale which took place on
April 19, at which Captain Warren was the purchaser
in both instances. There is no evidence before the
Commission that the guns were not in as good order
at the time of sale as when they were seized, or that
they had not received proper care.
On his redirect

R., 1170, line examination the witness was asked whether he had an
54.
opportunity to inspect them, or if he knew what
care had been taken of them from the time of seizure
until the auction took place; he was not asked in
what condition the guns were, or how many he
pur-
chased at that time. It is therefore claimed by the
United States that the only damage which the owner
sustained by reason of the firearms seized was the
amount which Captain Warren paid out at the mar-
shall's sale, namely, $299.50 and $91.50.

App. B, p. 120.

R., 1181, line 40.

The item "insurance, $722.71," is founded upon the statement in Exhibit No. 64 (G. B.), Claims Nos. 6, 7, 9, and 10. It appears therein that the policies were canceled on August 2, 1887; the only damage in this particular, therefore, which the owner suffered was the amount of premium from July 12, the day of seizure, up to August 2, when the policies were canceled, he having had the benefit of the insurance from January 3, 1887, when the policies were issued, up to the time of the seizure.

The item "ammunition extra" has no evidence to sustain it.

In reference to the claim for "618 skins, at $6.50 each, $4,017," and the claim for "769 skins, at $6.50 each, $4,998," for the Grace, the Record discloses that they were purchased by Warren at the sales which took place on August 19, 1888, to which reference has been made. His testimony is:

Q. Can you make a statement of the seals you have bought from the various vessels. You told us that you thought you could do so.

That is the lot that I bought, but on a division I got 127

more.

The returns of the United States marshal for these sales show that he realized from the seal skins on the Dolphin $2,235 and from those on the Grace $2,537.70.

The owner, having procured the skins for these amounts, sustained damages by reason of their seizure only to the amount which was actually paid for them to the United States marshal.

BS-26

App. B, p 171, line 18; 178, line 45.

R., 1210, line 31.

48.

R., 1213, line

48.

28; 1214, line 21. R., 1211, line 50.

THE ADA.

CLAIM NO. 11.

The Ada was a schooner of 65.23 tons register. Her owners in June, 1887, were J. J. Gray and W. E. R., 1212, line Pine. She sailed from Victoria for Bering Sea on June 17, 1887, carrying seven canoes, one hunting boat, and a stern boat. She entered the sea July 16, R., 788, line and continued sealing in those waters until the morning of August 25, at which time she was seized by the United States revenue steamer Bear, having on board 1,876 seal skins. She was towed to Unalaska, where she remained two days, her seal skins and firearms being removed. From that port she was sailed by her crew to Sitka under orders of the commanding R., 1216, line officer who made the seizure, where she arrived September 5. September 13 the vessel, her outfit and R., 1288, line cargo were libeled by the United States attorney for R., 1297, line the District of Alaska, and on October 11 a decree of condemnation, forfeiture, and sale was entered. On R., 1298, line the same day one W. Clark filed a claim of owner, stating therein that he was the duly authorized attorCraig, owner." The vessel was subsequently sold under the decree. By reason of the seizure she became totally lost to her owners.

20.

40.

47.

42.

R., 1277, line ney for 66

25.

R., 1217, line 50.

The Ada when seized had in fact completed her seal hunting in Bering Sea, James Gaudin, the captain, having stated that the length of his voyage would be determined absolutely by the weather. The schooner R., 1247, line Allie I. Alger was seized on the same day, a short time before the Ada. Charles E. Raynor, the master of the Alger, testified that he had finished sealing for the sea

58.