EXHIBIT 8.

Affidavit of John Campbell.

I, John Campbell, of Gloucester, County of Essex, and Commonwealth of Massachusetts, being duly sworn, hereby make affidavit and state as follows:

During the year 1908, I was in the employ of the Gorton-Pew Fisheries Company, a Gloucester corporation engaged in the business of producing and packing fish. This Company owned a large fleet of fishing schooners which it sent to sea to engage in the herring, cod, mackerel, halibut and other fisheries. It was the practice of the Company to send a large number of schooners to Bay of Islands on the Treaty Coast of Newfoundland during the herring season of each year to engage in the herring fishery. In the winter of 19081909, I made a herring trip to Bay of Islands as master of the Company's schooner Fannie A. Smith, leaving Gloucester on or about December 2, 1908, and returning to Gloucester on or about January 15, 1909.

I have also made other herring trips to the Treaty Coast of Newfoundland as master of vessels owned by other persons and concerns.

I have carefully read an affidavit executed by Chaney N. Hall, of the Gorton-Pew Fisheries Company of this city, on April 4, 1924, relating to the methods employed by that Company in conducting the herring fishery on the Treaty Coast of Newfoundland and to the practices of the customs officers of the Colony of Newfoundland in levying light dues, customs duties, etc., against vessels engaged in this fishery. Mr. Hall's statements, with respect to the manner in which the Company carried on the herring fishery and with respect to the acts of the customs officers of Newfoundland in levying duties and light dues, are correct.

A copy of Mr. Hall's affidavit of April 4, 1924, is hereto attached.1 I have examined the statement of the Deputy Collector of Customs at Gloucester, Massachusetts, dated March 19, 1924, relating to the herring trip which I made to Newfoundland in the 19081909 season, and the statement of the Collector of Customs at Woods Island, dated December 9, 1908, showing the articles on which I paid duty when I entered the schooner Fannie A. Smith at Woods Island. Both of these statements are filed with the claim of the Gorton-Pew Fisheries Company against Newfoundland. I recollect that the Customs Officer required duties to be paid on nets and on flour, beef, and other provisions, which he deemed to be in excess of the ship's stores. Said flour, beef and other provisions were consumed by the crew on board the Fannie A. Smith and other vessels

1[Mr. Hall's affidavit is printed on p. 96.-Agent's Note.]

of the Gorton-Pew Fisheries Company then engaged in fishing operations on the Newfoundland Treaty Coast, and were not sold or exchanged for other goods.

In witness whereof I hereunto set my hand on this 18th day of April, A. D. 1924.

JOHN CAMPBELL.

Subscribed and sworn to before me on this eighteenth day of April,

I, John Campbell, of Gloucester, County of Essex, and Commonwealth of Massachusetts, being duly sworn, hereby make affidavit and state as follows:

In the years 1888, 1899 and 1901, I was in the employ of Gardner & Parsons, a Gloucester firm engaged in the business of producing and shipping fish. Said firm owned and operated fishing schooners which it sent to sea to engage in the halibut, herring, cod, mackerel, and other fisheries. Special attention was given to the fresh halibut industry.

In the year 1888, I was master of the firm's schooner Grace L. Fears and in the spring of that year I made a halibut trip to the Burgeo Banks, off the coast of Newfoundland. During the years 1899 and 1901, I was master of the firm's schooner Argo and made a halibut trip in the spring of each year to the Burgeo Banks, off the coast of Newfoundland.

On each of the above mentioned trips, I had occasion to exercise the rights accorded American fishermen under the Treaty of 1818 between the United States and Great Britain to enter ports on the Treaty Coast of Newfoundland for the purpose of shelter. On the 1888 trip referred to above, I entered the harbor of Burgeo for that purpose, and on the 1899 and 1901 trips I entered the harbors of Channel and Rose Blanche respectively for the same purpose. On each of these occasions I was compelled, under threat of seizure in case of non-compliance, to enter my vessel in the customs house and to pay light dues. These dues were on each occasion paid under protest, my contention being that I had a right under the aforesaid Treaty to enter these harbors for the purpose of shelter.

I have refreshed my recollection concerning the voyages and payments referred to above by an examination of the statements of the Deputy Collector of Customs at Gloucester concerning these voyages

and by an examination of the receipts and of documents bearing upon said payments now in the files of the attorney retained to prosecute the claim of the above mentioned firm against Great Britain.

In witness whereof I hereunto set my hand on this 18th day of April, A. D. 1924.

JOHN CAMPBELL.

Subscribed and sworn to before me on this eighteenth day of April,

A. D. 1924.

[SEAL.]

FREDERIC A. SHACKELFORD,

EXHIBIT 10.

Notary Public.

Affidavit of Jerry Cook.

I, Jerry Cook, of Gloucester, County of Essex, and Commonwealth of Massachusetts, being duly sworn, hereby make affidavit and state as follows:

During the years 1900 to 1910 I made a number of trips to the Treaty Coast of Newfoundland as master of fishing schooners operated by the Cunningham & Thompson Co., a Gloucester concern engaged in the business of producing and packing fish. It was the practice of this company to send a large number of fishing schooners to Bay of Islands on the west coast of Newfoundland during the herring season of each year to engage in the herring fishery. This season usually commenced in October and ordinarily lasted until the latter part of the following January.

I have read an affidavit executed by Capt. George H. Peeples of Gloucester, Mass., dated April 16, 1924, relating to the methods employed by the Cunningham & Thompson Co. in conducting the herring fishery on the Newfoundland Treaty Coast and to the practices of the customs officers of the colony of Newfoundland in levying light dues, customs duties, etc., against vessels engaged in this fishery. Capt. Peeples' statements in respect to the manner in which the company carried on the herring fishery and with respect to the acts of the customs officers of Newfoundland in levying customs duties and light dues are correct. A copy of Capt. Peeples affidavit of April 16, 1924, is attached hereto.1

In witness whereof I hereunto set my hand on this 7th day of July, A. D. 1924.

JERRY E. COOK.

Subscribed and sworn to before me on this 7 day of July, A. D. 1924.

[SEAL.]

FREDERICK H. TARR,
Notary Public.

1 [Capt. Peeples' affidavit is printed on p. 78.— Agent's note.]

EXHIBIT 11.

Affidavit of Lemuel Firth.

I, Lemuel Firth of Gloucester, County of Essex and Commonwealth of Massachusetts, being duly sworn, do hereby make affidavit and state as follows:

During the years 1906 and 1907, I was in the employ of Gardener & Parsons, a Gloucester firm, engaged in the business of owning, outfitting and operating fishing vessels in the wholesale salt fish producing business. It was the practice of this firm to send fishing schooners to the Treaty Coast of Newfoundland during the herring season of each year to engage in the herring fishery on that Coast. This season ordinarily commenced in October and usually ended in the following January or early February.

In each of the above mentioned years, I was master of the firm's fishing schooner Corsair and made two herring trips to the Treaty Coast of Newfoundland. On the first trip, I cleared from Gloucester in the early part of November, 1906, and returned to Gloucester about the middle of January, 1907. On the second trip, I cleared from Gloucester on or about November 23, 1907, and returned to Gloucester on or about January 18, 1908.

During the years 1908 and 1909, I was in the employ of Sylvanus Smith & Company, a Gloucester concern, likewise engaged in the fish business. This Company also sent fishing schooners to the Treaty Coast of Newfoundland each fall to engage in the herring fishery.

In the years 1908 and 1909, I was master of the Company's schooners Claudia and Arcadia, respectively. I sailed from Gloucester to Bay of Islands, Newfoundland, as master of the Claudia about the middle of October, 1908, returning to Gloucester about the middle of December of the same year. In the following year, I left Gloucester on the Arcadia about the 1st of November and returned to Gloucester about Christmas.

During these years, I also had general supervision of the other vessels of Sylvanus Smith & Company which were engaged in the herring fishery on the Newfoundland Treaty Coast.

These herring trips were conducted in the following manner: The fishing schooners usually sailed from Gloucester with an incomplete crew. Upon their arrival at Bay of Islands on the Treaty Coast of Newfoundland additional men were shipped to complete the crew.

The vessels carried no outward cargo; they carried simply the barrels, salt, lumber, fishing gear (anchors, nets, rope, etc.), fishermen's outfit (rubber boots, oiled clothes, oiled caps, etc.), supplies and food stuffs necessary for the use of the vessel and crew in the successful prosecution of a herring trip.

Upon the arrival of the schooners at the Bay of Islands, the Newfoundland authorities required them to make formal entry at a Customs House before they could fish. The master was required to pay duty on barrels, lumber, salt, fishing gear and fishermen's outfit. Duty was not ordinarily paid upon provisions as the customs officers usually included in the ship's stores a supply of food stuffs sufficiently large to feed not only the members of the crew shipped at Gloucester, but also the additional men shipped at Newfoundland. Light dues, i. e., dues for the upkeep of light houses, were also levied against each schooner. These dues were payable annually. A small fee was also charged for making out the papers in connection with entering and clearing the vessel.

Newfoundlanders engaged as additional crew were ordinarily shipped within the three mile limit. In the 1905 and 1906 herring seasons they were, however, generally shipped outside the three mile limit.

The men shipped in Newfoundland rowed out to the schooner in their small boats, two or three men in a boat. They were housed and fed aboard the vessel during the continuance of their employment. This employment continued until the vessel had obtained a cargo. Sometimes fish were plentiful and a cargo was readily obtained; sometimes it was necessary to wait as long as a month for the herring to strike. Men shipped at Newfoundland were accorded exactly the same treatment as the men shipped at Gloucester.

The fishing was done in small boats or dories within sight of the schooner and usually within a mile or two of it. It was done mostly by the men shipped at Newfoundland; a few fishermen were, however, frequently taken from Gloucester. Members of the crew engaged in fishing were compensated on a piece work basis, at the rate of so much per barrel for fish caught. The customary rate was $1.25 per barrel. Toward the close of the herring season, when herring usually became scarce and the fishing more difficult, on account of weather conditions, the rate was usually increased. All fish caught by the crew were placed on board the vessel where they were salted or frozen. It was distinctly understood that all fish caught by the crew belonged to the vessel and could not be disposed of to others.

I have made a careful examination of the receipts and vouchers issued by the customs officials of the Government of Newfoundland for payments made by me for light dues, custom duties, and other charges on the above mentioned trips. These receipts show that duties were collected on barrels, lumber, fishing gear and equipment (nets, anchors, rope, dories, etc.), fishermen's outfit (rubber boots, oiled clothes, oiled hats, etc.), tobacco and three dories. The barrels were used solely as receptacles for the fish and were never taken ashore. They returned to Gloucester with the vessel. Lumber