The Portland daily press., 1886-09-17
THE DOMINION.
The Case of the David j. Adams
in the Court.
An Unsuccessful Attempt to Exclude
Reporters from the Court Room.

HALIFAX, Sept. 16.-The first proceedings
in the case of the Gloucester fishing schooner
David ]. Adams, seized at Digby last May
for purchasing bait and violating the Do
minion customs 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 respects that of the
Ella M. Doughty, which is also charged with
buying bait the main difference between the
two being that the latter, when seized, was
lying in port at st. AIMS, c. B., for shelter,
having put in to escape field of ice which
was pressing in upon the coast. These two
seizures are the only ones that have been
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 Lansdowne, and the
latter's chief officer, J. b. Hill. 1t was by
the Lansdowne 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
v
d. 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, and he cannot tell what other wit
nesses will be called for the defence. The
evidence is taken before w. w. Mcclellan,
Halifax barrister, whom the vice-admiralty
court has Eappointed commissioner for the
purpose. Wallace Graham and Mr.. Sedge-
wick will act as counsel for the Canadian
government, and N. III. Meagher of Meagher,
hrsnI In1A atN1 Nnxx- alA fAr Ah. Init fnA
States. The trial of the case in the admiral
ty court has been definitely fixed to begin
Tuesday, September %.
The government has taken a remarkable
course in connection with the arrest Of the
Gloucester schooner Moro Castle, which is
detained at Port Hawkesbury. 1t appears
that another charge-that of violating the
customs laws this SeaSOn-beSide that of
smuggling two years ago, has been brought
against the vessel. Yesterday an inland rev.
Port Hawkesbury and offered to release the
vessel on payment of $1,000. This fact has
been telegraphed to the owners by the
SchoonerS captain, but up to last night no
directions had been received.
Ten days ago the Moro Castle went ashore
at Malpeque, P. e. L., while beating into the
harbor, and remained aground all night. In
the morning the cruiser LanSdowne observed
her position and lent her a helping hand, sue
ceeding in Eauling her off the rocks without
any udIlldSe. Wllllll Week IQt mOTO CdS-
tie had fallen into the mercileSs hands of the
Canadian customs authorities.
The first evidence in the David j. Adam S
seizure case was taken this afternoon by
Commissioner Mcclellan. The only persons
present were w. III. Meagher, counsel for the
Borden, representing Canada, Captains
Scott and Daking, First Officer Hill and a
number of newspaper reporters. The exam
ination OF only two witnesses, First Officer
Hill and Capt Dakin was completed. just
after the proceedings opened Mr.. Meagher
objected to reporters being allowed to attend
saying the court was private and besides the
publication of evidence taken might preju-
dice the minds of the people against the case,
for the United States before the dispute ac-
tually came up in the Vice Admiralty Court
for settlement.
Commissioner Mcclellan said that he did
not know that he could rule reporters out as
their attendance at the courts of law was re-
garded as an ordinary part Of the, proceed
ings and asked Mr.. Meagher whether he
could show authority why the Court should
act in the manner desired.
Mr.. Meagher replied that he thought such
authority was possessed by any person tax
ing evidence and insisted that the newspa-
per representatives, should not be allowed to
remain.
The commissioner said he could not order
. them out unless authority could be shown
for such proceeding, and the matter be-
ing dropped here the reporters stayed.
Before the Court adjourned Mr. Meagher
he had not received any thus far from the
press attaches, and said that if any of the
evidence was printed here he would proceed
against the papers for publishing it for con-
tempt of court The legal gentleman then
arranged that objections taken by counsel
during the examination sh0uldsbe made note
of by the commissioner.
First Officer Hill testified that the Lans-
downe reached Digby Thursday night, May
g. He went on watch at 4 O'Clock the next
morning. Soon afterward a boat from the
shore came along and pointed to the Yankee
schooner with broken topmaSt lying up the
basin near Bear Island. He ordered out a
boat and was rowed to the vessel. Immedi-
ately after the Lansdowne's boat left the
steamers side, the American was seen to be
getting under way. When the boat reached
her she was tacking out towards Digby Gut
without boarding her Hill hailed the cap
tain and asked him his business there. The
captain replied he came in to see his people
and stated he had bought no bait Hill or
dered him outside the limits and returned
to the Lansdowne. Four hours later Captain
Dakin, who had been on shore. re-
turned to the, Lanssdowne and oT on
again set off to board the Adams.
BY this time she was in DigbyGut tacking out
Captain Kenney being charged with pur-
chasing bait again denied the charge. One
OF tne schooner s natcneS was Inen Openeu
and a seaman descending into the hold hand
ed up enc herring to Hill; 1t appeared quite
fresh and he said so to the captain, who re-
piled that it was ten days old. Hill also OBJ
served 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 70 Captain Scott;
Capt Dakin and Hill then set off again and
boarded the Adams and Capt. Dakin made
the same discovery as Hill. Going back to
the Lansdowne he got Capt. Scott and the
latter boarded the Adams and declared her
seized. Officer Hill before, retiring,
reply to Meagher, said that if there
was any prize money to be distributed in
connection with the seizure he would expect
mis- portion. Capt. Charles 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 perfectly fresh. Their gills were
red, their eyes bright, and the appearance
generally was good. He would expect his
share of any prize money awarded The
court then adjourned until tomorrow.
CURIOUS PHENOMENA,