Q. And you had chairs to sit down to the table? A. Yes. Q. And a table well provided for you? A. Yes. Q. And comfortable for you to eat there? A. Yes. Q. There was no guard accompanied you around the streets? A. No. Q. You used to go out fishing? A. If we felt that way we could go fishing. Q. As a matter of fact, some of them did go fishing? A. Yes. Capt. Charles E. Raynor testified relative to the treatment accorded the captains and mates of the seized R., 1248, line schooners in 1887: Q. Were you arraigned in 1887, or released on a bail bond? Q. So far as you know, were any of the mates or captains Captain Raynor was testifying relative to proceed 64. 56. ings after he arrived there on the Allie I. Alger, which R., 1251, line was seized on the 25th of August. Capt. James D. Warren, examined relative to the R., 1267, line treatment of the masters and mates in 1887, said: Q. After the seizure of the vessels in 1887 did you see the captains and mates there in Sitka? A. Yes. Q. They were all in Sitka together? A. Yes; I don't remember how many, but I know they were there. Q. And were they in custody, any of them, under arrest in any way, or restrained of their liberty? A. No more than bound over, I think. Q. Do you know whether anything was signed over before the order for release came? A. I would not like to say positive. Q. You were treated like other captains there, were you not? 1. A. I know what was done with me. Q. You were not made a pet of specially? A. I don't know that I was. Q. And what was the treatment accorded, so far as you knew-you were captain of the largest fleet that went in the port at that time-by the United States authorities? A. I was called into court, and the captains and mates with me, and we were bound over in our own recognizance to appear at the trial. Q. Did you sign anything? A. I don't remember signing anything; I remember we had to hold up our hand in court. Q. And then you were told to go wherever you liked? Q. How long after that were you notified of your release? A. I think it is the 9th of September that we were notified of our release. Q. You are pretty sure about that date? A. I can soon tell. I think that is the date. [Refers to memorandum.] On the 9th of September we were called in and released. Q. Were you all together there, the captains and mates of the detained vessels? A. I think we were. I think all the captains and mates that were there were released; at least my entry goes in that way. We were all called in. Q. And told you were released? A. I should suppose that means the lot. Q. Were you shut up in any room, or told to go to any room, or anything of that sort? A. I was allowed to go wherever I saw fit. Q. And the others were, too? A. I think the others were under the same liberty. Q. And were you treated in a polite and courteous way by the United States marshal and authorities? A. I have no fault to find with that myself. These claims, which, when originally presented to the Government at Ottawa for the purpose of being forwarded to the Home Government, were reduced in amount at the request of the privy council for Canada, because they were deemed excessive, and referred ican re-back to the parties making the claims, who consented print Pro- to a reduction of one-half, have without any apparent Tribunal reason been again increased from the time of the 184. presentation at Victoria. Vol. 5, Amer ceedings at Paris, p. The following statement shows the increase in the amount demanded by these claimants at the various stages of the arbitration proceedings between the two Governments. The observations elsewhere made in this Argument, relative to the extortionate nature of the claims presented by this class of men to international tribunals, apply with added weight to the claims of these masters and mates for damages arising from alleged illegal arrest and imprisonment. The United States assert that its officers acted entirely without malice at Sitka, that the captains and mates were never imprisoned or restrained of their liberty, and that there was no detention except that they remained in Sitka for a time. The claimants have shown no actual damage, and no sum can be awarded for pain and suffering or injured feelings. The argument of the motion made to dismiss the claim of James Gaudin from the consideration of the High Commission was postponed until the final argu ment. The United States contend that this claim is not Pleadings, properly before this Commission. claim No. 11. R., 1808, line 30. R., 1216, line 20. A stipulation consenting that the High Commissioners might report the facts to their respective Governments regarding this claim was filed. The Record discloses that Captain Gaudin arrived in Sitka on the 5th day of September, 1887, and left for Victoria on the 9th day of September; that he never was restrained of his liberty in any way; that he never was detained by the authorities of the United States, and that he suffered no hardship. THE CAROLENA. CLAIM NO. 1. The presentation of this claim, in the Argument on behalf of Great Britain, radically differs from the claim as presented by the testimony of the claimants at Victoria. The evidence offered relating to the cost of supplying Munsie's trading station, the cost of equipping a sealing vessel for a hunting voyage on the west coast of Vancouver Island before the departure of the ship for the voyage to Bering Sea, and the vouchers placed in evidence, aggregating about $6,000, which, according to the claimants, represented the cost of outfitting this small schooner of 28 tons for a sealing voyage in Bering Sea of two months, receive no consideration in the British Argument. R., 376, line 66. An swer of the United Pleading. The Carolena entered Bering Sea in 1886, about the 13th of June, and commenced hunting about the 1st of July. She was seized on the 1st day of August by the United States revenue cutter Corwin for violation of the municipal laws of the United States prohibiting the taking of fur seals in Bering Sea. The cutter took her to Unalaska, dismantled her, and thereafter the vessel, outfit, and cargo were libeled by R., 52. the Government of the United States in the United States district court of Alaska. The inventory of the Ex. 13, G. B. articles on board, as prepared by the officers of the Exhibits, cutter, is in evidence. The decree condemning the vessel was entered on the 4th day of October, 1886. She then became a total loss to her owners. The property described in the inventory is the run B S- -22 Cl. No. 1, p. 27. 337 |