The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1852-07-31

similar circumstances, having put in at the Tuskets
ior wood ana water. The captain and Grew deny.
on OATH having taken any 6sh, at any time within
10 miios OF the coast; and they had not lent their
nets. rs those of tho Independence had done.
The schooner Java was also seized at tho same
time ard place; the captain and crew acknowledped
that they had taken fish at tho TusKets
Tho Hart, Captain Turner, seized al the Tus-
kets on the 30th of May, having put in there for
wood, water and shelter She had once before an
chOred in Yarmouth harbor, having come in for the
purpose of hiring an additional hand The captain
ara crew deny having ever fshed within Is miles of
tne coast or remained longer than "a hours Mt one
Inc az the Islands, or at any port they Init how
ever, that In compensation for assistance rendered
the captain of a British fisherman at the islands.
they accepted from him two barrels Of herrtngs
lhelr statement s confrmedsb by the British cApta
W.. VINO was hshDg at the fnskets, and deposes tn u
,ne hart never remained there for moro than "a
hours, aud never took any fish while there
Mr. Granthsm then says:-
= These dispositions enclosed to John Morrow ESQ
united States Consul ut Halifax, for the purpo 20 Of
using them 70 assist him in his endeavors to eject
the release OF the Magnolia Java aud Hart on tn,
plea oi their having been sezed and detained oa
insufficient grounds
Tho masters of these three last named ycsssls. by
my advice proceeded to Halifax, where they now
are awaiting the decision of the government officer
there, whether they will be Obliged to contest th
legality OF the seizures in the Court Of Vice Adm
rally at that place. hayo received no informatio,
ifom thence, that can be depended upon, rs 60 tn,
probaoie issue OF the eSertions already made, AMI
now making, in behalf Of the owners and others in.
terested In these vessels
The afidavts which have been made TO substan
tIae the legality Of these seizures are FIRST that of
John Mcdonnell, Of this place, who deposes that he
oid see the crew OF the Java between tho lIth
and 9th days Of May last in the Tusket Islands.
put their nets into the boat belonging to that vessel
and on the following morning he saw them return
with quantity of fish, which was re- epeated four or
hve e times during the above mentioned period, and
that the skipper of the Java acknowledged to
hiIn that ne had taken fish within the prohibited
limits, for bait. He further states that on Sunday,
the 10th Of May last, he saw on the deck of the
Java, then lying IN the Tusket Islands, quanti-
ty OF curry, which the crew said was from about
three quintals of fish. caught the day before, and
that he saw tho master and crew throw the same
overheard, being then about two miles from Te-
boque Point in Yarmouth
The same person, John Mcconnell farther de- |
posed that he saw the Magnolia about two weeks |
previously, wien at anchor in the islands, send two
boats away IN the evening with nets, and return !
ogan me next morning with fish, which also again |
took place for several successive days He further
stated that The crew Of the Magnolia did, about the
same time, acknowledge that they were then taking
hsh among the Tusket Islands, and had before been
dong the same.
3. David Mcconnell, of Yarmouth, made oath
that the skipper Of the American schooner Inde-
pensense a acknowledged to him on the 26th day of
May, that ne had hired nets belonging to that
schooner TO the skipper of an English fishing ves
sci, to be set by him on shares
4 Jonathan Baker. Of Ysrmouth deposed that,
between the llth and 18th days of May last, he
at chor in the Tuske Islands, put the nets out of
the schooner into the boats the evenings of four
different days, leave the vessel and return in the
mornings with the nets and a quantity Of herring.
Joseph Darby, commander of the schooner
Victory, deposed that he did see from on board the
said schooner Victory, then lying in the Tusket
lslants the crew ofthe American fishing boat Hart
cleaning fish on board of that vessel, and that the
mas ter of the Hart acknowledged to him that ho
dlc. about week previously, procure from Benja-
min Brown two barrels Of fresh herrings for bait
The crew of the Magnolia positively deny tho
truth OF the deposition made against them, and
they say that their vessel must ha ve been mistaken
for some other. The crew Of the Independence ais,
deny having hired their nets and it is probable that
the ackno w!edg gment sworn to as made by the mas
ter, has been misunderstood by the person TO whom
u Tes made, the r,a. admission having been tn,
lending the nets for one night to an inhabtant Of
The Tusket Islands, as is mentioned in tho dcposi
tions OF the master and crew of the Independence.
need not remark upon the insuficiency Of the evil
dence upon which the seizures Of the Indedendence
and hart have been made 1t consists entirely Of |
vel bal acknowleda menis, which may, and usually
are, misunderstood or misconstrued, and can seldom
be correctly repeated: and, indeed taking for grant
ed that the admissions sworn TO have been made by
the masters of these vessels, cannot understand |
that they amount to evidence to authorize seizure
| may observe that all these vessels have been
fitted out on shares-that is, each board, in |
lieu of wages. receives share of fish at the tor.
mination OF the voyage This circumstance may |
be of importance, as IL probably may affect their
evidence in the Court OF Vice Admiralty
The crews Of the Java, Magnolia, and Tndepen- !
denee, put by me on board Of British schoon-
er, the master Of which landed them at Castne. in
the State Of Maine. They were 10 perfectly des
titute condition. the provisions and stores of the
vessel having been seized had, therefore, to pro.
vide for them while they remained in this place, and
to find them passage to the United States.
am sir, your obedient humble servant,
HENRY GRANTHAM.
Constr Agent U. S for the port Of Yarmouth, n S.