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THE TRIUMPH.

CLAIM No. 12.

The statement of the claim of the owners of this vessel, filed at Victoria, sets out the departure of the Triumph for Bering Sea, the warning given by the revenue cutter Richard Rush, and alleges: "That in consequence of the illegal boarding, searching, warning, and threats of seizure, made use of by the comPleadings, mander of the said cutter, the master of the Triumph abandoned his intended voyage into Bering Sea."

claim No. 12.

The cross-examination of several witnesses, testifying before the case of the Triumph was opened, developed the fact that this vessel had been sighted in the Bering Sea after the day upon which she claimed to have abandoned her voyage.

The first witness sworn on behalf of the claimants, and the only witness giving testimony bearing directly upon the occurrences at the time of the warning, was Herman Smith. He stated that he was mate of the R., 1396, line vessel during her voyage in 1887; that the captain 60; R., 1397, was dead, and that he had no log of the voyage.

line 3. R., 1397, line 10, 12.

The Triumph left Victoria for her voyage to Bering Sea "about the 20th or 21st of May." She carried four canoes and a crew of eight Indians. R., 1397, line Before entering Bering Sea 52 or 54 seal skins were

17.

R., 1397, line

20.

taken.

On the 4th of August, while lying becalmed at the entrance to Unimak Pass, at 8 o'clock in the morning, she was boarded by an officer from the United States revenue cutter Richard Rush, who examined the vessel, returned to the cutter, whereupon Captain Shep

ard, commanding the Rush, hailed the Triumph and warned her not to enter Bering Sea.

The captain of the Triumph, the mate, and the Indians, Smith says, talked over the matter of con

tinuing or abandoning the voyage, the result being R., 1398, line that the captain gave Smith to understand "that he 43. thought it would be best to go on some different sealing ground."

The mate says "he was compelled to enter Bering

Sea because of the gale that sprang up that night,

and we were so close inshore that we either had to R., 1398, line go on the rocks or run before the gale."

Q. But, as a matter of fact, the vessel entered Bering

Sea?

A. Yes, sir.

Q. And, as you understood it, she made in what direction?
A. Westerly.

64.

30.

The hunting boats of the vessel were lowered on R., 1400, line the 5th day of August, the day after the warning, when 19 seals were taken, and on the following days thereafter, with the results stated:

August 8th, 9 seals; 9th, 42; 10th, 34; 11th, 33; 12th, 25; 13th, 32; 14th, 24; 15th, 34; 16th, 3; 17th, 35; 18th, 2; 19th, 18; 20th, 27; 21st, 4; 22d, 14; 23d, 33; 24th, 15; 25th, 33.

The Triumph, therefore, entered Bering Sea the night of August 4, and the next day commenced

hunting, and continued without interruption, save by R., 1401, line the weather, until the 26th of that month.

50.

42.

What claim for damages this little vessel of 15 tons, which, according to the mate, hunted more days R., 1396, line while in the sea than any vessel a detailed account of whose voyage is given in the record, and which remained in the sea until the 26th of August, can have against the Government of the United States, that Government can not conceive.

The mate, Smith, makes some vague assertions about being off the sealing grounds, but his testimony should be scrutinized very carefully in the light of

the statement of this claim, which gives the information that the intention of the claimants was to establish the fact that their vessel did not enter Bering Sea.

The testimony bearing upon the location and movements of this vessel between August 4 and August 26 conclusively establishes that she hunted continuously during that period, sailing westerly between the northward of Unimak Pass and Four Mountain Pass, R., 1486, line taking a course far enough to the northward so that Bogoslof Volcano was over 50 miles to the south.

14.

R., 1402, line

39.

R., 1402, line 50.

R., 1403, line 2.

R., 1403, lines 29, 36.

R., 1486, line 5.

Q. We were talking about this storm. When this storm was blowing you into Bering Sea, after you got through Unimak Pass, did you change your course to go to the westward?

A. So far as I can recollect, our course was always westerly after we went through the Unimak Pass.

The vessel then hunted for twenty-one days, during which time she could cover but a small distance, as a vessel is unable to sail far while her canoes are out.

Q. How many miles of ground a day will canoes cover in an ordinary sealing day while sealing?

A. Twelve to 15 miles.

Q. And every day that the canoes lowered off your vessel the vessel would go about 12 miles?

A. Yes.

Q. And you went out of Four Mountain Pass?

A. Yes.

Q. And you think your course was always westward?

A. Always westerly, wind and weather permitting.

Q. From Unimak Pass?

A. From Unimak Pass.

This witness was examined on behalf of the claim of the Ariel:

Q. And you were in Bering Sea in 1887, I believe?
A. Yes, sir.

Q. You cruised southeast of the Islands in 1888, and you
cruised in the vicinity of the Bogoslof Volcano in 1887?
A. How near do you call the vicinity?

Q. Well, about 50 miles to the northward.
A. Oh, no; it was further off than that.

The witness apparently remembered that his testi

mony might have a bearing on the claim of the Triumph, for to the next question which was asked, “How far to the northward?" he answered, "I did not hunt to the northward; I hunted to the westward in 1887."

This testimony establishes the fact that the voyage of the Triumph, in 1887, covered the waters between Unimak Pass and Four Mountain Pass, at a distance to the northward more than 50 miles from Bogoslof Volcano.

In the attempt of the witness to avoid the effect of this testimony, he said that he did not seal to the northward of Bogoslof in 1887, but to the westward. When compared with his statement that the boats of the Triumph were lowered on the next day after entering Unimak Pass and before the vessel had proceeded to the westward, and that thereafter hunting was carried on for a period of about twenty days, this witness is convicted either of dense ignorance as to the location of his vessel and the geography of Bering Sea, or of making a false statement regarding the course of the Triumph in 1887.

The course of the Triumph from north of Unimak Pass to the westward at a distance more than 50 miles to the northward of Bogoslof Volcano, and from north of Bogoslof southwest to Four Mountain Pass, would take the schooner through the waters hunted over by the Kate in 1889, Alfred Adams in 1887, Mary Ellen in 1886, the Theresa in 1886, and Mary Ellen in 1887. The Anna Beck, W. P. Sayward, and the Dolphin were all seized between 54° 30′ and 55°, and 167 and 168°, and if the Triumph sailed from the northward of Unimak Pass westward at a distance 50 miles north of Bogoslof, its voyage would be directly through the waters in which these vessels were hunting when seized, and which the Argument on behalf of Great Britain alleges are "the best sealing grounds in Bering Sea."

Refer to the charts or maps cited in the British

Arg. on behalf of

Argument as bearing upon the locality where seals are found in Bering Sea, and trace the voyage of the Triumph. She sailed directly over the so-called sealing grounds.

That the Triumph, which sealed some 21 days out of a possible 23, between 165° 30′ and 169, and 54° 30′ and 55°, did not sustain any damages by reason of the warning given by the United States revenue cutter Richard Rush is abundantly established.

If the Triumph had been deprived of an opportunity to take seals the results secured by her hunters might certainly be expected to establish the fact.

The Argument on behalf of Great Britain states Great Brit- that the Mary Ellen is the vessel which should be ain, p. 79. made use of as a basis for calculating the catch of other schooners. The Mary Ellen made an average catch of 6.74 seals per day from the 5th of August. The statement is made in the Argument (p. 79, line 9) that boats have one-third more working power than canoes, which would make the average daily catch of the Mary Ellen, had she used canoes, 5.055. The Triumph carried four canoes, making her average daily catch for all the hunters 20.22 skins, which, multiplied by 21, the number of days she hunted, her total catch would be 424. But as a matter of fact the Triumph took 436 seal skins during that period.

R., 1400, line

43.

This calculation, made upon the basis which is the most advantageous that could possibly be obtained from the Record, fails to establish the claim that the Triumph was deprived of the opportunity to take seals by reason of not venturing upon the "best sealing grounds."

Some vague testimony was adduced, bearing upon the duration of the voyage of this small vessel, but the United States rest upon the general testimony regarding the close of the season in Bering Sea, and believe that the voyage of the Triumph was completed on the 26th day of August, having continued

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