Evening star., 1896-12-03
LATE NEWS BY WIRE
Hearing of Gases by the Bering Sea
Commission.
CONSIDERING TIE SCHOONER CAROLINE
Testimony Regarding the Seizure
of the Onward.
TREATMENT AT SITK A

VICTORIA. B. c.. December 3.-The pre-
lfminaries having been well settled, the
Bering sea claims commission got down to
business yesterday, when the actual trial
of the claims began with the case of the
schooner Caroline.
Mr. Peters senior counsel for the British.
opened by reading the pleadings set forth
in the claim already filed. The pleadings
state that the schooner is British vessel,
registered at Victoria: that she sailed
hence May 70, 1885, to Bering sea The
schooner was seized August l in Bering
sea by the United States revenue steamer
Corwin. towed to Ounalaska, and con-
demned by the United States district court
at Sitka. on charge of violating the mu-
nicipal laws of the United States relating
to seal fishing; that she was detained I'M
der such condemnation until after Decem-
Der. 1SS6. when her return was offered.
but refused on the ground that the vessel
mad been practically wrecked in the mean
time. By reason of the loss arising out OF
this Illegal seizure 10000 is asked and in
terest at per cent per annum.
Mr Peters said for the meantime he
would not deal with personal claims. He
then proceeded to read the reply of the
United States. claiming that the vessel was
at the time of the seizure wholly or in part
owned by United States citizens. and that
IN any case the damages claimed were ex-
cessive
The British answer to this was that .hc
Paris tribunal had already decided as to
the finding of fact that the vessel was
British and that all the present commits
sion mad to do vas to decide the amount
OF compensation to be paid. Mr.. Peters
remarked That with regard to the issue
raised py the United States. that the YES
sci was IN whole or in part owned by cit
liens of the United States he did not al
present intend to deal with It, for the onus
10 snow otherwise lay on the United States
counsel.
The British claim was that the scboona,
was of British registration at the time ot
tne SEIZURE, and that was already admitted
Nr Peters then laid before the commits.
sion The diplomatic correspondence reJatinp
TO the claim, and quoted from official do.
uinents evidence as to the seizure given on
behalf of the United States court In Alas.
Mr. Dickinson, for the United States oh
Jected that 1t was not nee essary 10 sbou
that, Tor the Paris tribunal mad ALREADY
uecioed that II the Caroline was British
vessel she was Illegally seized. If the
Vessei was proved to be British. then tl,.
question of compensation was all that ,e
manned to be settled
MT Peters replied that he considered the
evidence he had quoted had a direct hear.
ing on the matter of compeusa.i,r and
That 1t was quite proper for him 10 show
Dy the evidence accepted by the United
states courts how the vessel had been con.
demned
Justice Putnam asked if Mr.. Peters did
not think he was opening rather vids
uoor Dy quoting what was recorded in the
previous trial for determining what was
now before the present commission
MI Peters in reply maintained that really
the case now in hand was a part of the
same action
Justice Putnam to this remarked tna- OF
course the evidence to be submitted TO a
great extent depended on the counsel fo1
IlS respective governments f,irt
ed with the commissioners to say whether
1t was admissible or not
MI Peters proceeded and quoted al
length from the diploma tic correspondenc,
and handed in the official government book
evidence.
Before going on with the Caroline case
he requested leave to examine the witness
IN the Onward claim, man who lived on
the west coast, being obliged to leave fc1
home tonight.
The request was granted. and John Mar
gotIch was placed in the box. He had been
mate on the Onward when she was seized
in Bering sea by the United States cutter
on August 2. 1856. The schooner was
toWed to Ounalaska. and the crew kept
aboard for ten days, though allowed on
shore on leave of four at time They
were then transferred to an American
schooner. San Diego, which was also under
seizure. and taken to Sitka. The men were
allowed to bring blankets from the vessel
but had TO bed, and there were eight men
square They were confined in this room
one month and then tried at Sitka the
judge addressing them robbers. The
Indians of the crew came outside to the
window saying they had nothing to eat
and the witness gave them all the none y
he had. some s1j. Captain Hansen of the
Thornton, Captain Ogilvie of the Caroline
and Harry Norman were among those in
Jail at Sitka, with him. one morning Cap
tain Ogilyie got away and he never saw
him again. Captain Ogilvie. 1t will be re-
memhered, was afterward found dead in
the woods)
Being subjected to rigid cross-examina-
ton by MIR. Dickinson, the men admitted
they We're allowed to walk about Sitka one
day before being trieo. The room they
were confined In Was .iie jury room at the
court hcase. but. though the door was not
locked, there was a guard over them. Cap
tan Ogilvie. when he got away, had not
teen stopped by the guard.
VIM Munsie was the mex: witness. Much
OF his testimony consisted in details as to
amounts paid out for fitting out and paying
the crew.
The commission then adjourned.