The herald., 1896-12-03
Gets Down to Work on the
SeaIer's Claims
THE CASE OF THE CAROLINE
Is the First Actually to Come 10
Trial
All the Technicalities Known to the
Law VIII Be Worked for All
They Are Worth.
Associated Press Special Wire

NlCIORIA, Is. C., Dec. 2.-Tne pre-
liminaries having been we'll settled, the
Bering sea claims commission got well
down to business today. When the ac-
tual trial of the claims began with the
case of the schooner Caroline, Mr.. Pc
ters, of counsel for the British, opened
by reading the pleadings set forth in
the claim already filed. These plead
ings state that the schooner is a British
vessel registered at Victoria; that she
sailed hence May 10, 1885, to Bering sea.
The schooner was seized August 1 in
Bering sea by the United States revenue
cutter Corwin, towed to Ounalaska and
condemned by the United States dis
trict court at Sitka on charge of vio-
lating the municipal law Of the United
States relating to seal fishing; tnat she
was detained under such condemnation
until after December, 1886, when her
return was offered, but refused on the
ground that the vessel had been practi-
cally wrecked in the meantime. By rea-
son of the loss arising out of this illegal
seizure $50, 900 is asked for, and interest
at per cent per anrum.
Mr.. Peters said that meantime he
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 dam
ages claimed We're excessive.
The British answer to this was that
the Paris tribunal had already decided
as to the finding of the fact that the
vessel was British, and that all the
present commission had to do was to de-
eide the amount of compensation to be
paid. Mr.. Peters remarked that with re-
gard to the issue raised by the United
States, that the vessel IVES in whole or
part owned by citizens of the United
States, he did not at present intend to
deal with it, with the onus to show 9TH
erwise.
The British claim was that the schoon-
err was of British register at the time Of
the seizure, and that was already ad-
mitted. Mr.. Peters then laid before the
committee the diplomatic correspon-
dence relating to the claim, and quoted
from official documents evidence as to
the seizure given on behalf of the United
States at the United States court in
Alaska. His intention, he stated, was
to present the evidence given there on
behalf Of the United States. and on ac-
count Of which the United States had
condemned the ship.
Mr.. Dickinson for the United States
objected on the ground that it was not
necessary to show that the Paris tri-
bunal had already decided that the Car
oline was British vessel. She was IL
legally seized. If the vessel was proved
to be British then the question of COM
pensation was all that remained to be
settled. Mr.. Peters replied that he con-
sidered the evidence he quoted had a
direct bearing on the matter OF compen-
sation, and that it was quite proper for
him to show by the evidence as present.
ed by the United States courts how the
vessel had been condemned.
Justice Putnam asked il Mr.. Peters
did not think he was opening rather a
wide door by quoting what was record
ed in the previous trial for determining
what was now before the present COM
mission.
really the case now in hand was part
of the same action.
Justice Putnam, to this. remarked
that of course the evidence to be sub
mitted to a great extent depended on
the counsl for the respective govern
ments, but it remained with the COM
missioners to say whether 1t was admis-
sible or not. Mr.. Peters, replying.
at length from diplomatic correspond
ence and handed In the official govern
ment book as evidence. Before going
on with the Caroline case he requested
leave to examine a witness in the On.
ward claim, a man who lived on the west
coast, being obliged to leave for home
tonight. This request was granted and
John Margotich was placed in the box.
He testified at some length to the treat
ment he and the rest of the crew received
after the seizure.