the taking of said depositions to be continued by said Clerk, from time to time, until completed. That notice of the time and place of taking said depositions be served by the Marshal of said district on Hans Guttormsen, James Blake, Daniel Munroe, and Charles E. Raynor, and upon W. Clark, Esq., Attorney at Law, or or before the 7th September at 12 A.M., and that such shall be due and sufficient and reasonable notice of the taking of said depositions.

Done in open Court this 6th day of September, 1886, now at this time W. Clark, Esq., being present in Court, waives service of notice.

On the 7th day of September, 1886, was filed the following notice and return :

IN THE UNITED STATES' DISTRICT COURT IN AND FOR THE DISTRICT OF ALASKA, UNITED STATES OF AMERICA.

The United States of America v. the Schooner "Thornton."

To Hans Guttormsen greeting: you are notified that by crder of Lafayette Dawson, Judge of said District Court, the depositions of C. A. Abbey, J. C. Cantwell, J. U. Rhodes, and J H. Douglas will be taken before the Clerk of said District Court at his office in Sitka in said district on Tuesday, the 7th September, 1886, at 7 o'clock P.M., or as soon thereafter as the matter can be reached, and if not completed on said evening, the taking of said depositions will be continued by said Clerk from time to time until completed.

Dated the 7th September, 1886.

(Signed)

ANDREW T. LEWIS, Clerk.

United States of America, District of Alaska, ss.

This is to certify that on the 7th day of September, 1886, before 12 o'clock noon of that day, I served the annexed notice on the within-named Hans Guttormsen, at Sitka, District of Alaska, by then and there personally delivering to said Hans Guttormsen a copy of said notice; and then and there gave him the privilege of being present at the taking of said depositions.

Dated the 9th September, 1886.

On the 10th September, 1886, were filed the following depositions:

IN THE UNITED STATES' DISTRICT COURT IN AND FOR THE DISTRICT OF ALASKA, UNITED STATES OF AMERICA.

The United States v. the Schooner "Thornton," No. 50.

Depositions of witnesses sworn and examined before me on the 7th day of September, 1886, at 7 o'clock P.M. of said day, and on the 8th and 9th September, 1886, thereafter, at the Clerk's Office of said Court in Sitka, District of Alaska, United States of America, by virtue and in pursuance of the order of the said Court, made and entered in the above entitled action on the 6th September, 1886, directing that the testimony and depositions of said witnesses be taken before me at said first-mentioned time and place, and at such subsequent times as the taking of the same might be continued to by me, in said action then and there pending in said District Court between the United States as plaintiff and the schooner "Thornton" as defendant, on behalf and at the instance of the said plaintiff the United States, and upon notice of the time and place of the taking of said depositions served upon Hans Guttormsen, the Captain of the said schooner, and in possession thereof at the time of seizure, and upon W. Clark, Esq., his Attorney, the owners thereof being unknown and without the jurisdiction of this Court.

Captain C. A. Abbey, being duly sworn, deposes and says:

Q. State your name and occupation.-A. Captain C. A. Abbey, in the United States' Revenue Marine Service, at present in command of the United States' Revenue steamer Corwin," on special duty in Alaskan waters, for the protection of the Seal Islands and of the Government interests in Alaska generally.

Q. What were you doing and what occurred on the 1st day of August last in the line of your duty ?-A. I was cruizing in Behring Sea about 70 miles south-south-east from St. George Island, in about latitude and longitude I found the four boats of the British steam-schooner "Thornton," of Victoria, British Columbia, engaged in killing fur-seal. Each boat had in her from three to eight freshly killed seal, arms, and ammunition, rowers, and hunters, who stated that they belonged to the said schooner "Thornton," and were engaged in taking or killing fur-seal. Some of them, if not all, were seen shooting at the fur-seal which were swimming in their neighbourhood. On this evidence, I caused the vessel to be seized by Lieutenant Cantwell, took her in tow, and proceeded with her to Oonalaska, where I placed the vessel, cargo, tackle, furniture, and appurtenances in charge of Deputy United States' Marshal Isaac Anderson, of Oonalaska, the cargo of fur-seal skins being stored in "Keuch," in one of the warehouses of the Alaska Commercial Company, and under seal. One boat of the "Thornton" was sent to Sitka by the schooner "San Diego," and placed in custody of the United States' Marshal at Sitka. All of this property is now in the custody of the United States' Marshal at Sitka, including her arms and ammunition, which I brought to Sitka on the "Corwin."

Q. Was this the vessel against which the libel of information is filed? A. It is. Q. Did this all occur within the waters of Alaska and the Territory of Alaska, and within the jurisdiction of this Court ?-A. It did.

Q. Did this occur within the waters of the sea navigable for vessels of 10 tons burden or over ?-A. It did.

Subscribed and sworn to before me this 9th day of September, A.D. 1886, after having been read over by me to deponent.

Lieutenant John C, Cantwell, being duly sworn, deposes and says:

Q. State your name, occupation, and age.-A. John C. Cantwell, Third Lieutenant United States' Revenue Marine Service, at present on duty United States' Revenue steamer "Corwin," and over the age of 21 years.

Q. Were you so on the 1st day of August last ?-A. I was.

Q. State what occurred on that day in the line of your duty.-A. I saw a small boat on the port bow; we came up to her, and found she had about eight fur-seal aboard. The men in the boat were armed with breech-loading rifles. In answer to the Commanding Officer, the men admitted they were killing fur-seal. Shortly after we picked up a second boat, and then sighted the schooner "Thornton." There were dead seal in the second boat. I did not examine the other boats; I was sent on board the schooner, saw Hans Guttormsen apparently acting as captain, and Henry Norman as mate. I asked them what they were doing? The captain replied, "Catching seals." I signalled this to Captain Abbey, who directed me to seize her, which I did, and the "Corwin" took the schooner in tow. The fur-seal in the boats were bleeding, and must have been killed within a few hours.

Q. How many men were on board of the "Thornton " at the time of seizure ?— A. About fifteen.

Q. Was this a reasonable number for ordinary purposes of commerce and navigation ?—A. It was an unusually large number for the size of the vessel.

Q. Do you recognize this paper ?—A. I do. It is the official inventory made by me of the furniture, tackle, and cargo of the schooner "Thornton" (inventory embraces the usual furniture, rigging, nautical instruments, boats and stores of a vessel of this class, with a cargo of 403 seal-skins, 3 seal-pup skins, and 1 hair seal-skin, and they are receipted for by I. Anderson, Deputy United States' Marshal, Oonalaska, the 14th August, 1886); the item 403 seal-skins mentioned in the inventory are fur seal-skins: this inventory gives a full and correct list of all the furniture, tackle, and cargo of said vessel, with the exception of the following: arms and ammunition, octant, and one chronometer. There is one boat belonging to the "Thornton" that was sent down on the "San Diego" and included in the inventory of the "San Diego." The "Thornton" had four boats.

(Signed,

JOHN C. CANTWELL, 3rd Lieutenant,
United States' Revenue Marine.

Subscribed and sworn to before me this 9th day of September, A.D. 1886, after having been read over by me to deponent.

John U. Rhodes, being duly sworn, deposes and says:

Q. State your name, age, and occupation ?-A. John U. Rhodes, over 21 years of age, and Lieutenant in the United States Revenue Marine, and attached to the Revenue steamer "Corwin," and was so on the 1st August, 1886.

Q. State what happened on the last-named day in connection with the schooner "Thornton "?-A. I was on the "Corwin" at the time the "Thornton" was seized on that day. We first picked up a boat bearing the name "Thornton;" it had about eight dead fur-seal in it, the men in the boat had breech-loading rifles: we afterwards picked up another boat, and then sighted the schooner "Thornton," and went on board, and was put in charge of her. We afterwards picked up two more boats; the men in the boats claimed that the boats belonged to the "Thornton," and were put on board of her. There were between fifteen and twenty dead fur-seal on deck and one hair-seal. These seal were most of them bleeding and evidently recently killed. The captain and several of the hunters said they had killed twenty-one, I think it was, fur-seals that day, and would have got more if they had had more daylight and if the cutter had not come up.

Q. Do you recognize these papers ?-A. I do. This paper marked (Ex. “G”) is the clearance paper of the schooner "Thornton" (this paper represents the British steamschooner "Thornton," Hans Guttormsen, master, 22:30 tons, navigated with fifteen men, bound for the Pacific Ocean, Behring Sea, and Okhotsk Sea, on a hunting and fishing voyage, as having cleared from Victoria, British Columbia, the 15th May, 1886). This paper marked (Ex. "H") is her bill of health (issued same date and place with clearance). I found these papers in the schooner "Thornton" at the time of seizure, and then took possession of them.

Q. What was the list of arms and ammunition found aboard the schooner "Thornton" at the time of seizure?-A. Four rifles, 6 shot-guns, 867 shot-gun cartridges, 420 rifle-gun cartridges, 108 lbs. powder, 1 keg powder partly filled, 2 bags bullets, 11 bags buck-shot, 5 boxes wads, 3 boxes primers.

Q. What has become of these arms and ammunition ?-A. They were delivered to the United States' Marshal at Sitka, and are now in his custody.

(Signed)

JOHN U. RHODES, Lieutenant,
United States' Revenue Marine.

Subscribed and sworn to before me this 8th day of September, A.D. 1886, after having been read over by me to the deponent.

(Seal.)

ANDREW T. LEWIS, Clerk,

United States' District Court.

John U. Rhodes, being duly sworn, deposes and says:

Q. State your name, age, and occupation?-A. John U. Rhodes, Lieutenant United States' Revenue Marine, at present on duty on the United States' Revenue steamer "Corwin," and over the age of 21 years.

Q. State what nautical instruments, if any, were seized on the schooner "Thornton " except such as are included in her general inventory ?-A. One chronometer, No. 1374, made by Kessels, and one octant.

Q. What has become of this property?-A. I turned it over to the United States' Marshal at Sitka, and it is now in his custody.

(Signed)

JOHN U. RHODES.

Subscribed and sworn to before me this 9th day of September, A.D. 1886, after having been read over by me to deponent.

(Seal.)

ANDREW T. LEWIS, Clerk,

United States' District Court.

J. H. Douglass, being duly sworn, deposes and says:

Q. State your name, age, and occupation? A. J. H. Douglass, am over the age of 21 years, am a pilot in the Revenue Marine Service of the United States, and have been

so for the seven years last past. I am now and on the 1st August, 1886, was pilot on the Revenue steamer" Corwin."

Q. State what occurred on the last-named day in connection with the schooner "Thornton"?-A. We sighted a boat on our port bow and soon after saw another boat, steamed to the first boat and ordered her to come alongside, which she did. The name "Steamer Thornton" was on the stern of the boat. There were two or three men in the boat with arms, and six or eight dead fur-seal, which had the appearance of having been lately killed. I asked the men what luck they had had. One of them replied, "We have six or eight, but not as good as some days." We took possession of the boat and contents by order of Captain Abbey. We then picked up the second boat, finding it engaged in the same business, then we sighted a schooner drifting without sail or steam, which proved to be the steam-schooner "Thornton." On coming up with her she was seized by order of Captain Abbey and taken in tow. We then picked up two more boats belonging to the "Thornton," having dead fur-seal on board. This was in Behring's Sea, about 65 miles south-east from St. George's Island, and about 500 or 600 miles to the eastward of the western boundary-line of Alaska Territory.

Q. State what experience you have had in the fur-sealing business, and your knowledge of the habits of the fur-seal?-A. I have been cruizing for more than fifteen years off and on in Alaskan waters, always as an officer or pilot, and have visited the Pribiloff Islands, St. Paul and St. George, several hundred times, and am perfectly familiar with the sealing business as conducted on those islands, and understand the migrating habits of the fur-seals. From about the 1st May to about the 1st July of each year the furseal is migrating north, and mostly through the Unimak and Akutan Passes to these islands for breeding purposes. They go to no other place in the known world except these islands and Copper Island for breeding purposes.

After the breeding season of about a month they begin to migrate south, and until November of each year are migrating south through Behring's Sea. During this season, from May till November, the fur-seal are plenty in the waters adjoining the Pribiloff Islands, and are migrating to and from these islands, and are at all times very plenty between Unimak Pass and said islands in a track about 30 miles wide, which seems to be their highway to and from said islands. The schooner "Thornton" and her boats when seized were directly on this track.

Subscribed and sworn to before me this 8th day of September, A.D. 1886, after having been read over by me to deponent.

(Seal.)

ANDREW T. LEWIS, Clerk,

United States' District Court.

IN THE UNITED STATES' DISTRICT COURT IN AND FOR THE DISTRICT OF ALASKA, UNITED STATES' OF AMERICA.

The United States v. the Schooner "Thornton." No. 50.

Whereas, on the 6th day of September, 1886, the said District Court duly made and entered in the journal of said Court an order in the above-entitled action, directing that the testimony and depositions of the witnesses: C. A. Abbey, J. C. Cantwell, J. U. Rhodes, and J. H. Douglass be taken before me, the Clerk of said Court, at the time or times and place, and upon such notice as was specified in said order.

Now, therefore, this is to certify:-That in pursuance of said order, on the 7th September, 1886, at 7 P.M., each and all of the above-named witnesses appeared before me at the Clerk's office of said Court at Sitka, District of Alaska, United States of America: that M. D. Ball, Esq., District Attorney of said Court and District, and W. H. Payson, Esq., appeared then and there on behalf of and as attorneys and proctors for the United States, the libellant herein; and W. Clark, Esq., then and there appeared on behalf of, and as Attorney and Proctor for the said schooner and her owners herein and Hans Guttormsen then and there appeared in pursuance of notice served upon him.

;

That I was unable to complete the taking of said depositions on said 7th day of September, 1886, and I continued the taking thereof on the 8th and 9th September, 1886, and completed the same on said last-named day. That the said parties by their said Attorneys and Proctors then and there appeared, and were present on each of said lastnamed days, and at all times during the taking of said depositions. That each of said witnesses was first duly cautioned and sworn by me, then and there, that the evidence he

should give in said action, should be the truth, the whole truth and nothing but the truth, and thereafter each of said witnesses was then and there examined before me, and I then and there took down the statement and testimony of each of said witnesses, and reduced the same to writing in his presence, and then and there read the same over to him; and he then and there, after the same had been so reduced to writing and read over to him, subscribed the same in my presence, and swore to the truth thereof.

That the foregoing depositions are the depositions of said witnesses then and there taken before me as aforesaid. That due notice of the taking of said depositions was given as required by said order.

In witness whereof I have hereunto set my hand and the seal of said District Court, this 9th day of September, 1886.

(Signed)

ANDREW T. LEWIS, Clerk, United States'
District Court in and for the District of
Alaska, United States of America.

On the 20th day of September, 1886, was filed the following claim of Master for Owner:

IN THE UNITED STATES' DISTRICT COURT FOR THE DISTRICT OF ALASKA.

(In Admiralty.)

In the Matter of the Libel of Information against the Schooner "Thornton," her Tackle, Apparel, Furniture, and Cargo.-Claim of Master for Owner.

And now Hans Guttormsen, master of the schooner "Thornton " intervening for the interest of J. D. Warren of Victoria, British Columbia, the owner of the said schooner "Thornton," her tackle, apparel, furniture, and cargo, as set forth in the libel of information herein, appears before this honourable Court and makes claim to the said schooner "Thornton," her tackle, apparel, furniture, and cargo, as set forth in the said libel of information, and as the same are attached by the Marshal under process of this Court at the instance of M. D. Ball, Esq., United States' District Attorney for the District of Alaska.

And the said Hans Guttormsen avers that the said J. D. Warren was in possession of the said schooner at the time of the attachment thereof.

And that the said J. D. Warren above named is the true and bona fide owner of the said schooner, her tackle, apparel, cargo and furniture as seized by the said Marshal as aforesaid and that no other person is the owner thereof. Wherefore he prays to defend accordingly.

(Signed)

HANS GUTTORMSEN.

Subscribed and sworn to before me this 18th day of September, A.D. 1886.

On the same day was filed the following amended libel of information.

IN THE UNITED STATES' DISTRICT COURT IN AND FOR THE DISTRICT OF ALASKA, UNITED STATES' OF AMERICA.

(August Special Term, 1886.)

To the Honourable Lafayette Dawson, Judge of said District Court:

The amended libel of information of M. D. Ball, Attorney for the United States, for the District of Alaska, who prosecutes on behalf of said United States and being present here in Court in his own proper person, in the name and on behalf of the said United States, alleges and informs as follows, to wit:

That C. A. Abbey, an officer in the Revenue Marine Service of the United States, duly commissioned by the President of the United States, in command of the United States' Revenue cutter "Corwin," and on special duty in the waters of the District of Alaska heretofore, to wit on the 1st day of August, 1886, within the limits of Alaska