The sun. [volume] (New York [N.Y.]) 1833-1916, 1891-10-08
THE CASE OF THE orro.
The British Coiunsbian Vessel That Was
Captured by the Mohican.

Captured by the Mohicsn.
WASHINGTON, Oct. 7.-Although the seizure
Of tho Victoria sealing schooner Otto wns Of
fected by the United States cruiser Mohican.
tho controversy over the Justice Of the pro-
ceedings is one that concerns the British au-
thorities rather than ours. Commander Cot
ton captured tho poacher at The express re-
quest OF Commander Turnor OF the British war
vessel Nymphe. 90 that II thore was any ille-
gality in the seisure the owners Of the Otto
will have to seek redress from their own Gov.
eminent
There are several points in dispute about
this affair. Capt Reilly Of tho Otto complains
that he was entitled to preliminary warning.
like the other sealing vessels. under the n'odss
ripentii, and that only after neglect OF such
warning could his vessel have Justly boen
seized. But. unlike other British Columbian
vessels, tho Otto did not leave her home port
for Bohring Sea until aftcr the n,odus ciUendt
agreement had been made public. What other
people knew through the public press was not
likely to have been hid from tho knowledge OF
thsowners ind masters Of the sealing vessels.
who were directly Interested in II The old
principle that ignorance Of the law is not an
excuse sometimes results In injustice, es-
TAKEN W sSrs ts spouSs ex
pense to mako the law known: but In this case
maS be sns zig nevobe
cruisers. But here we have tho statement that
anS n s sa q WARN ss ot
while both vessels were lying In that port and
S39 n to gG nor II appears that the SfSsr
WIS going for ooddshlng and not for senl kill
ar fE c fos sea n sfn
Behrlng soa; and II is known from Comman.
AoserdipklS, 4 there was any 5landsr abou.
eonsldersd that hs had discharged his duty.
sfs sP ssSs 5 aon sa st he north
him to i ssSn The pTchS.
q uns ses Pass
sight Of two sailing vessels in company, one Of
Es b. hRsg pa aas te sr
one which the Mohican Chased was the Otto.
enough to give her Q blank cartridge. which
h her tho TO- Masa5 5e
tor the Oscar and Hattie, Whish, however. IS.
b thst the mastsr Of 1
TICS 70 meet one for breaking rort resSlstions
se fi tne n asnss
bss ga ss s ssd S
ington that the seizure OF the Otto was In con-
sequence OF irregularity in her papers, the in.
ference from the former statement being that
this was not an adequate cause Of procedure
arose in reference to her papers" Both
partly wrong. She was seizod solely for illegal
sealing. but the facts are said to be that the
incorrect in having tho names both OF her
events. was the statement made public at VIC
ton with tho singular biunder or deception Of
the port authorities. The facts must be known
to tho British naval officers. as the Mohican
towed her prize to Oonalaska, and there
turned her over to the British war vessel
Pheasant tS whose commander rs y happened
Turner's warning about the Otto to Collector
Milne.
II is worth noting that both the Victoria
schooners seized this year. the Otto and tho
Z. Is: Marvin. have set up the plea OF INSULT
Gent warning; In both cases, too. It is rather o
the niodus rirendi before starting on her yoy:
age from Victoria The Marvin was notified
by ono OF our vessels. but pleads that the copy
OF the Presidents proclamation served on her.
and containing the n,Odts virendi agreement
had Sir Julian Pauncefote's name printed as
upon she determined to wait for notification
quest was seized. The trials Of these Vessels
may bring up the legal point as to what was q
good and sufficient warning under the ,nodus
rtrendi during the present season.