Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1886-09-17
THE FISH QUESTION.
The David }. Adams Case-The Prelim.
mary Proceedings Begun at Halifax
Today.
HALAFAx, Sept, I6,

HALAFAx, Sept. l6.
The first proceedings in the case of the
Gloucester fishing schooner. David j. Adams,
| seized at Digby last MAY for purchasing bait
and violating the Dominion custom laws were
to begin today. The David j. Adams has
lain idle at Digby since falling into Canada's
clutches. Her case resembles in many re-
spects that of the Ella NJ. Doughty, which Is
also charged with buying bait, the main dit
ference between the two being that the latter,
when seized, was living in port at ST. AIMS,
Z. b., for shelter, having put in to escape a
held of ice which was pressing in upon the
coast. These two seizures are the only ones
that have been made on the charge of pur-
chasing fishing supplies.
The first witnesses to be examined were to
be called by the Canadian counsel, and in.
clude Captain p. A. Scott, commander OF the
fishery protection fleet, Captain Charles
Dakin of the steamer Landsdowne. and the
latter's chief officer, j. B. Hill. 1t was by
the Landsdowne that the Adams was seized.
These officers arrived in Halifax last night
from Pictou. The following five witnesses
are from Digby: Robert Spur, Arthur
Vroom aud George Vroom. Owen Riley and
Samuel ID. Ellis. The United States counsel
Is not yet able to say whether the late crew
of the David j. Adams will go to Halifax to
give evidence; he cannot say what other wit
nesses will be called for the defence. The
evidence is taken before w. w. Mcclellan. a
Halifax barrister, whom the vice-admiralty
court has appointed commissioner for the
purpose. Wallace Graham and Mr.. Sedge-
wick will act as counsel for the Canadian
government, and N. H. Meagher of Meagher,
Drisdale and Newcombe for the United States.
The trial of the case in the admiralty court
! kA. IA
September 2S
The first evidence in the David j. Adams
seizure case was taken this afternoon by
Commissioner Mcclellan. The only per-
sons presents were: N. A. Meager, counsel
for the U s.; Wallace Graham and r. L.
Borden,.t representing Canada; Captains
Scott and Dakin; First Officer Hill and
number OF newspaper reporters. The exam
| ination of only two witnesses, first officer
Hill and Capt. Dakin was completed just
after the proceedings opened Meagher OBJ
jected to reporters being allowed to attend,
| saying that the court was private and besides
| the publication of evidence taken might pref
udice the minds of the people against the
case for the U. S. before the dispute actual
| ly came up in the Vice Admiralty for settle
ment Commissioner Mcclellan said he did
not know that he could rule reporters out as
ed AS an ordinary part of the proceedings and
asked Meagher whether he could show au-
| thority why the court should act in the man.
ner desired. Meagher replied that he
thought such authority was possessed by any
person taking evidence and linsisted that the
| newspaper representatives should not be al
lowed to remain. The Commissioner said he
couldn't order them out unless authority
could be shown for such proceedings and the
matter being dropped the reporters stayed.
Before the court adjourned Meagher de-
clared that he wanted some fair play, of
which he had not received thus far from the
press attached and said that if any of the evil
dence was printed here he would proceed
against the papers publishing it for contempt
of court. The legal gentlemen then ar
ranged that the objections taken by the
counsel during the examination should be
made note of by the commissioner.
The first officer, Hill, testified that the
Landsdowne reached Digby Thursday night,
May 6. He went on the watch at A o'clock
the next morning. Soon after the ward boat
from the shore came along and pointed to the
Yankee schooner with broken topmast ly-
ing up the basin near Fear Island. He
ordered out the boat and was rowed to the
vessel. Immediately after the Landsdownes
boat left the steamers side the American was
seen to be getting under way and when the
boat reached her she was lacking out towards
Digby gut. Without boarding her Hill
hailed her and asked him his business in
there. The captain replied that he came in
to see his people and stated he had bought no
bait Hill ordered him outside the limits
and returned to the Landsdowne. Four hours
later Capt. Dakin, who had been on shore,
returned to the Landsdowne, and on the in
formation which he brought Hill again set off
to board the Adams. By this time she was in
Digby gut tacking out. Capt. kenney being
charged with purchasing bait again denied
| the charge One of the schooner's matches
was then opened and the seaman descending
into the hold handed up one herring to Hill I;
| it appeared quite fresh and he said so to the
captain, who replied that it was 10 days old.
Hill also observed in the ice-house below the
deck about eight barrels of fish through which
ice was distributed. He returned to the
Lansdowne and reported his discovery to
Capt. Scott Capt Dakin and Hill then set
off again and boarded the Adams, and Capt.
Dakin made the same discovery as Hill. Go
ing back to the Lansdowne he got Capt
Scott and the latter boarded the Adams and
declared her seized.
| Officer Hill before retiring, in reply to Mr..
Meagher, said if there was any prize money
to be distributed in connection with the seiz-
ure he would expect his portion.
| Capt. Chas. Dakin of the Lansdowne, gave
evidence which agreed with that given by
| Hill respecting the seizure. He said when he
examined the herring he found them perfect
ly fresh; their gills were red, eyes bright.
and their appearance generally was good.
He would expect his share of any prize
money awarded.
The court adjourned until tomorrow.