The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1896-12-04
BERISG SEA COMMISSION

| Of the company TO which she belonged
BERING SEA COMMISSION
Case of the Carolina Under Consideration
at Victoria.
| Victoria. B. c.. Dec. 3.-The prelmina-
| ries having been well settled, the Der
| ing sea claims committee got down 70
business yesterday.
| When the actual trial of the claims be
| gan, with the case of the schooner Car
| DINA. Hon. Mr.. Peters, senior counsel for
| the British, opened by reading the plead
| ings set forth in the claim already filed.
| These pladinss state that the schooner is
a British vessel, registered at Victoria;
| that she sailed hence May so, 1856, 10
| Boring sea; that the schooner was seized
| August / in Boring sea oy the United
! States revenue cutter Corwin. toWed 10
| Ounalaska and condemned by the Unit
| ed States district court at Sitka On a
! charge of violating the municipal laws
of the United States relating 10 seal nsl-
| cries; that she was detained under Sucn
condemnation until December, 1886,
when her return was offered, but refused
| on the ground that the vessel had been
practically wrecked in the meantime. BY
reason of the loss arising out of this IL
at per cent per annum.
Mr. Peters said that for the meantime
ne would not deal with personal claims.
He then proceeded to read the reply OF
the United States, claiming that the YES
| sci was at the time of the seizure. wholly
| or in part Owned by United States citi-
| zens. The British answer to this was
F., THAI the Paris tribunal had already decid
! ed as to the finding of act that the YES
| sci was British and that all the present
commission had to do was 10 decide the
| amount of compensation to be paid. Mr.
Peters remarked that with regard 10 the
Issue raised by the United States that
the vessel was in whole or in part owned
| by citizens of the United States he did
not at present intend TO deal with it, for
the onus to show otherwise law on the
| United States counsel. The British
| claim was that the schooner was OF
! British register at the time OF the seizure
and that was already admitted.
| Mr. Peters then laid before the com.
| mission the diplomatic correspondence
relating to the claim and quoted from,
| official documents evidence as TO the sell
zure given on behalf Of the United States
at the United States court in Alaska.
His intention, he stated, was ~ present
the evidence given there on behalf of the
| United States and on the benefit OF
which the United States had condemned
! the ship.
Mr.. Dickinson, for the United States,
objected that it was not necessary 10
| show that, for the Paris tribunal had
already decided that if the Carolina was
a British vessel she was illegally seized
If the vessel was proved to be British
then the question of compensation was
all that remained to be settled. Mr.. Pc
| tiers replied that he considered the evil
dence h had quoted had a direct bearing
on the matter of compensation and that
ii was quite proper for him to show by
the evidence accepted by the United
| States courts how the vessel had been
| condemned.
Justice Putnam asked if Mr.. Peters did
no: tiinA he was opening rather wide
door by quoting what was recorded IT
| the previous trial for determining what
was now before the present commission
! Mr.. Peters, ir reply. maintained thai
| really the case now in hand was parl
| of the same acton.
Justice Putnam, to this, remarked thai
| Of course the evidence to be submitted
to a sreat extent depended upon the
counsel for the respective governments
| but il remained with the commission &c
| say whether it was admissible or not.
Mr.. Peters. proceeding, quoted al
| length from diplomatic correspondence
and handed in the official government
| book a. evidence.
| Before going on witi1 the Carolina case
| he requested leave to examine witness
| in the Onward claim, man who LIVED
OF the west coast, being Obliged TO leave
| for home tonight. This request wa:
granted and John Margotich was placed
! in the box. He had been mate on the
| Onward when she was seized in Berine
sea by the United States cutter on Au'
gust :. 1856. The schooner was toweo
| 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 schoon
! or at san Diego, which was under sci
| Zure, and taken to Sitka. The men were
| allowed TO bring blankets from the yes
| sci but had no bed and there were elgn
| mer in one room, which was only ter
1 feet square. They were confined In TN;
| room one month and then tried at Sltka
| the judge addressing them as ROBBERS
| The Indians of the crew came outside
| to the window, saying they had nothing
| to eat, and the witness gave them all the
| money he had. some SIS. Captain Han
| sen of the Thornton, Captain Ogiivie o.
| the Carolina and Harry Norman were
| among those in jail at Sitka with him
| One morning Captain Ogilvie got away
and he never saw him again. Captain
| Osilyie il will be rendered, was after
| forwards found dead IN the woods. Be
| ing subjected to rigid cross-examinatioI
| by Mr.. Dickinson. the men, he admitted
were allowed to walk about Sitka on:
day before being tried. The room they
we're confined in was the jury room a
| the court house. but though the door va:
not locked. there was guard over them
| Captain Ogilvie. when he got away, hac
aot been stopped by the guard
in the afternoon evidence was begun
in the Carolina case William Munsi'
was the first witness Much OF his ties
| -inory consisted in details as I,
/ a.