is most destructive and ruinous to the herring fishery in those localities. I do not know the names of the persons who destroyed the seines; there were about eighty vessels from different harbours of Fortune Bay at Long Harbour at the time the seine was destroyed by a great lot of people. I left Long Harbour for St. John's on the 31st day of January and arrived here on the 4th instant. ALFRED NOEL. Sworn before me at St. John's aforesaid, this 8th day of February, A. D. 1878. (2.) Deposition of John Rumsey. CENTRAL DISTRICT, ST. JOHN'S, to wit: The examination of John Rumsey, of St. John's, master mariner, taken upon oath, who saith: On or about the 14th of November last I sailed from St. John's to Fortune Bay for a cargo of herring. I arrived in Long Harbour, Fortune Bay, about Christmas last. I found about 200 schooners there looking for herring; twelve of the schooners were Americans; my schooner was called the Briton, six hands all told. I got most of my herring between Christmas and the 8th January. Most all the schooners in Long Harbour lay inside of Woody Island. Woody Island is about three miles from the entrance of Long Harbour. On the northern side, rather above the island, there is a fine beach about a mile long. This is the best hauling place in Long Harbour, and most all the herring were taken there. It is only this year and last year that the American schooners have brought down very large seines for catching herring. I have been informed that some of these seines were 250 fathoms long and 35 fathoms deep. The seines which our Newfoundland fishermen use are about 120 fathoms long and from 8 to 13 fathoms deep. In the first week in January there were four or five American schooners who had the beach above mentioned barred for herring. The mode of inbarring for herring is as follows: when a place is selected, generally a smooth beach with deep water outside free from rocks, a party is sent ashore with a long line from one end of the seine; the seine-boat then goes off with the seine, makes a long sweep, and the other end of the seine is then brought into the beach also; ther the crew begin to haul together on both ends of the seine with long seine lines running fore and aft up and down the beach, four or five seines thus barring herring would cover all the hauling ground on this long beach I have spoken of, and would occupy all the best ground for hauling herring in Long Harbour. On the first Sunday in January the beach was barred by four or five large American seines. On that day. after dinner, a large number of people belonging to the crews of the Fortune Bay schooners then in Long Harbour went over to the beach, and I was informed there were 600 or 700 Newfoundland fishermen there. The Americans had barred the berring, and were hauling on their seines on the Sunday morning. The Newfoundland fishermen told the American captains to take up their seines or they would take them up for them. All the American seines were then taken up which were set on a Sunday except one; this one the American captain who owned it refused to take up. The Newfoundland fishermen then hauled it ashore, took the herring out of the seine, and according as they hauled the seine out of the water they tore it up. I saw the seine the next day, Monday, on the beach, and it was completely destroyed; it was an old second-hand seine, and very rotten. I have been for thirteen or fourteen years carrying on the herring fishery in Fortune Bay, and during that time I have never known our Newfoundland fishermen to haul herring on Sunday. If the American fishermet were permitted to bar herring in the way that they were doing at Long Harbour Beach, all the rest of the craft would be deprived of the best place in the harbour to haul herring; and such a mode of fishing for herring is most injurious to the fishery and must in time ruin the herring fishery there. The Americans in hauling their long seines often removed the Newfoundland fishermen's nets when they came in their way. I have known the Americans last year to have herring barred in for a fortnight. Barring kills a great many herring, and makes those who are barred in very I have seen the bottom covered with dead herring after the seine had been poor. barred for a week. The American schooners heave out their ballast in the channel between Woody Island and the shore, and if not prevented, will soon destroy the an chorage there. his JOHN RUMSEY. mark. Sworn before me at St. John's, this 9th day of February, A. D. 1878, having been first read over and explained. D. H. PROWSE, (3.) Deposition of John Saunders. The examination of John Saunders, of Tickle Beach, Long Harbour, taken upon oath, and who saith: In January last there were a great number, close on 100, schooners and boats fishing for herring, both American and Newfoundlanders. The Americans were employing the English to haul their seines for them. There were some English schooners who had seines also. One Sunday, I do not know the date, John Hickey laid out a seine, and was told by the English or Newfoundlanders to take it up, as it was Sunday, which he did. The Americans laid out their seines, assisted by the English employed by them. The Newfoundlanders told them to take them up, as it was not legal their fishing on that day, being Sunday; J. McDonald took his up. Jacobs upset his net into Farrel's seine, who was employed by him. Farrel was barring for the Americans, and was not allowed by Jacobs to haul his seine until the hard weather came. After Jacobs had upset his seine into Farrel's he took it up to shoot again, and threatened with the revolver any one who interfered. Then they told McAulay to take his up, but he didn't, so the people hauled it in and tore it up. I don't know any man concerned in the destruction of the net that I could swear to but one, John Pitman, a servant to Samuel Pardy, who was at " Jack Fountain." There was no other reason that I know for destroying nets but for fishing on Sunday, and because they would not take them up when they were told. The Americans never hauled a seine before that day; they always employed the English to use their seines, and bought fish from the English. The only reason that the Americans laid their seines out that day was because there were plenty of herring, and no Englishman would haul them, being Sunday, excepting Hickey, who had been compelled to take his seine up. Q. Where does Philip Farrel live?-A. In Bay-de-North, and so does Thomas Farrel. Q. Was any obstruction or hindrance placed in the way of the Americans before or after that Sunday?-A. No. Q. Did they remain in the harbour until the close of the season; until the herring slacked away were any Americans compelled to leave the coast after this circumstance?-A. No; there was nothing to prevent their remaining, and they remained for some days, until the weather became soft, and there were no more herring in the bay. Most of them left, but one American schooner remained about three weeks after that, when another lot of herring came into the bay, and he filled up and went away the next fair wind. Jim Boy was the captain's name. Q. Do you know any American of the name of Dago?-A. Yes; he has part in this seine. The Americans hauled their seine on the beach immediately in front of my property. Q. Do you know the names of the schooners?-A. No. Q. Do you know the names of the owners of the seine ?—A. Yes; Captain Dago and McAulay. Q. Do you know anything the Americans did by way of revenge?-A. The Americans, in revenge for the destruction of the net, afterwards drifted their vessels all about the bay or river with their anchors hanging, and so hooked and destroyed many nets, about fifty or sixty, I should think. The name of one of these captains was Smith-but I don't know the name of his vessel-and the other was Pool. We all believe that this was done in revenge. They were pretending to be at anchor, where there was about 50 fathoms of water, but were drifting all over the bay and hooking the nets; there was no weather to cause them to drift. Our small boats were anchored off the beach. We had never any difficulty with the Americans before this, but were always on good terms with them. his JOHN SAUNDERS. mark. Sworn before me at Tickle Beach, Long Harbour, this 13th day of June, A. D. 1878. GEO. L. SULIVAN, Captain and Senior Officer on the Coast of Newfoundland. (4.) Deposition of Mark Bolt. The examination of Mark Bolt, of Tickle Beach, Long Harbour, taken upon oath, and who saith: I am a native of Dorsetshire, England. I have been in this country twenty-one years, and have been fishing all that time. I have lived in this neighborhood fourteen or fifteen years, and at Tickle Beach since last fall. The ground I occupy (150 feet) was granted me for life by government, and for which I have to pay a fee. There are two families on the beach; there were three in the winter. Our living is dependent on our fishing off this settlement. If these large American seines are allowed to be hauled it forces me away from the place. One Sunday in January last John Hickey, Newfoundlander, came first and hove his seine out. Five Newfoundlanders came and told him to take it up, and he did not; then others came and insisted upon it, then he took it up. If he had then refused to take it up it would have been torn up. Then Jacobs, an American, came and laid his seine out and hauled about 100 barrels of herring in the big American seine, and capsized into Tom Farrel's seine-a Newfoundland fisherman employed by Jacobs and fishing for him. Philip Farrel was also fishing for the Americans, being master of McAulay's seine. The Newfoundlanders then capsized Tom Farrel's seine of fish, who was only fishing for the Americans. After this Jim Macdonald, another American, threw out his seine. Then the people went and told Macdonald that he was not allowed to fish on Sundays, and he must take his seine up; and he took up his seine, and carried it on board his vessel. Jacobs would not allow his seine to be touched, but drew a revolver. They went to McAulay, an American, who had laid his seine out for barring herring; this American also employed a Newfoundlander to lay his seine out. The Newfoundlanders said it should not be done on a Sabbath day, and they resolved to tear up all the seines they could get hold of. They managed to seize McAulay's and tore it up. They would have torn up any they could have got at if laid out, whether English or American, because it was Sunday. The Americans do not bar fish. This was the first time I ever knew them to do so; they usually buy the fish from the Newfoundlanders, and also barter flour and pork for them, and I have never known anything to complait of against them previous to this. Q. Did the American schooners continue to fish after the destruction of McAulay's seine? A. Yes. They (the Americans) continued to fish, and left about the usual time, the 10th March. I do not know any reason for the conduct towards the Americans except that they were fishing on Sunday. I do not know what became of the nets that were torn up; it was left on the beach for some days, and then taken away. I do not know who took it away; the Americans, perhaps, but I don't know. The Americans were often set afterwards, but not on Sunday; the Americans did not leave off catching herring after this on other days. The English did not prevent the Americans hauling their seines, but the Americans usually employed the English to haul them, as their crews were not sufficient in number, and are not acquainted with the work. The American crews are employed salting and freezing the fish, while the English employed by them with the American seines are catching them. The seine torn up was being worked by an Englishman for McAulay, the American, namely, Philip Farrel. Jacobs' seine was in the water a night and a day. I was not aware that it was illegal to haul or catch herring by or in a seine at that time of the year, nor that barring is prohibited at all seasons, nor that the seine must be shot and forthwith hauled, but have heard some reports to that effect. The nearest magistrate is at St. Jacques, about 25 or 30 miles from this, and there is no means of communicating with him excepting by a sailing boat. The seine that was destroyed belonged to men called Dago and McAulay, who, I believe, were each of them captains of schooners, but the names of the vessels I do not know. MARK BOLT. Sworn before me at Tickle Beach, Long Harbour, this 13th day of June, A. D. 1878. GEO. L. SULIVAN, Captain and Senior Officer on the Coast of Newfoundland. (5.) Deposition of Richard Hendriken. The examination of Richard Hendriken, of Hope Cove, Long Harbour, taken upon oath, and who saith: I have been nine years in Long Harbour. I was here in January last, when the American seine was destroyed. It was destroyed on account of barring herring on Sunday. I was watching their proceedings from the point opposite; they laid their seine out and went to haul it in because the English would not haul it in on Sunday, and the bay was full of fish. The fish would have remained. The Americans generally employ some Euglishmen to work with their own crew; they don't generally lay out their own seines. Captain Dago and Samuel Jacobs would persist in hauling, and hauled once and barred them in Farrel's net. Farrel was working for him, and had been barring herring for several days--perhaps about a fortnight-by the Americans' orders. I believe it is illegal to bar herring; it destroys the fish, but we have no power to stop it. It is no good telling a magistrate; the Americans take no notice of them. The nearest magistrate to this place is at Harbour Briton, 25 or 30 miles off. The only thing to let people know what is right and what is wrong is to have a noticeboard in each harbor, and some heavy fine imposed on law-breakers. James Tamel is harbor-master. I don't know if he is a special constable or not; but Mr. Enburn told me he was to see the Yankees did not heave their ballast over, and that their measures were correct, but they would not listen to him. They hove their ballast overboard, and had tubs 22 inches in depth instead of 16 inches; in these tubs they measured the fish they bought from the Newfoundlanders, and they would not alter them. The fish are sold to the Americans by the barrel. For 100 barrels it is usual to pay for 90, which is considered fair, but a flour barrel cut down to 16 inches in depth is the proper measure; they only cut them to 22 inches or more, and insist on having them filled. The vessels from St. John's and Halifax always take the proper size tubs, but the Americans constantly overreach us, and choose the most ignorant to deal with, or those who are not so sharp as themselves. They generally otherwise behave well, and we bave never had any quarrel with them before, but have always been on good terms. If the natives did not see the laws carried out themselves there might as well be no laws, for there is often no one else to enforce it. It is the only way I know, and it is pretty well understood by both foreigners and natives. his RICHARD + HENDRIKEN. mark. Sworn before me at Tickle Beach, Long Harbour, this 14th day of June, A. D. 1878. GEO. L. SULIVAN, Captain and Senior Officer on the Coast of Newfoundland. (6.) Deposition of Ambrose Pope. The examination of Ambrose Pope, of Stone Cove, Long Harbour, taken upon oath, and who saith: I was at Tickle Beach on a Sunday in January last. I don't know the date. I saw the Newfoundlanders hauling a seine and leave it on the beach; it was torn in hauling it on shore. It was evening when I saw the seine hauled on the beach, and it was laying there when I left the beach. I don't know if any was carried away. I don't know anything more about it. The Americans we thought had no right to haul their seines on Sunday. his AMBROSE + POPE. Sworn before me at Anderson Cove, this 15th day of June, A. D. 1878. mark. GEO. L. SULIVAN, Captain and Senior Officer on the Coast of Newfoundland. (7.) Deposition of James Tharnell. The examination of James Tharnell, of Anderson's Cove, Long Harbour, taken upon oath, and who saith: I am a special constable for this neighborhood; I did not see anything of the alleged outrage last January, but I heard something about it; I believe some of the men named Pope were on the beach, but which I do not know. Q. Have you formed any opinion as constable as to the cause of the dispute?—A. Mr. Snellgrove, of the customs, and myself, from what we were informed of the circumstances, were of opinion that the Americans were acting illegally in shooting their seines, but notwithstanding that, nothing would have been said to them for that had it not been on the Sabbath day. The men forbid them hauling seines on the Sabbath day, and told them to take them up or they would take them up for them, and what annoyed them so much was that the Americans drew their revolvers; probably, if it had not been for the threat of the revolvers the seines would only have been taken up, and not torn. They asked him three times to take them up before they did so themselves. The people were not aware that it was illegal to set the seines that time of the year, and were only prompted to their act by the fact that it was Sunday. We all consider it to be the greatest loss to us for the Americans to bring those large seines to catch herring. The seines will hold 2,000 or 3,000 barrels of herring, and, if the soft weather continues, they are obliged to keep them in the seines for sometimes two or three weeks, until the frost comes, and by this means they deprive the poor fishermen of the bay of their chance of catching any with their small nets, and then, when they have secured a sufficient quantity of their own, they refuse to buy of the natives. If the Americans had been allowed to secure all the herring in the bay for themselves, which they could have done that day, they would have filled all their vessels, and the neighbouring fishermen would have lost all chance on the following week. days. The people believed that they (the Americans) were acting illegally in thus robbing them of their fish. If the natives had not defended themselves by enforcing the law, there was no one else to do it. I was sworn in as a special constable by Mr. Herbert, the magistrate of Harbour-Briton, last October. On the arrival of the Americans I showed my authority, signed by Mr. Herbert, and they laughed at it, and said it had no stamp, and they didn't, therefore, recognize it. I told them the lawful size of a tub-sixteen gallons-and they said they required a brand on it. I have no means of branding tubs; there is no means to brand on the coast, and it is not the custom. I don't know if it is the custom at St. John's to brand them. I have cautioned the Americans about throwing ballast out inside Woody Island, where it is very shallow; but they have continually done so notwithstanding up to this. There are now several shallow places there and in the cove, where the Americans have been in the habit of throwing out their ballast, and small vessels now, of twenty-eight to thirty tons, repeatedly ground on this ballast there thrown out by the Americans. I believe there was less thrown out last winter after I spoke to them about it; but I have no power, moral or otherwise, to enforce any rules, and they don't seem to care much about me. his JAMES THARNELL. mark. Sworn before me at Tickle Beach, Long Harbour, this 14th day of June, A. D. 1878. GEO. L. SULIVAN, Captain and Senior Officer on the Coast of Newfoundland. (8.) Deposition of George Snellgrove. The examination of George Snellgrove, of St. Jacques, Fortune Bay, taken upon oath, and who saith: I am sub-collector of customs for the district of Fortune Bay. I went to Long Har bour on the 8th January, two days after the dispute between the Americans and Newfoundland fishermen had taken place. Captains Jacobs and Dago informed me that an American seine had been taken up by the Newfoundland fishermen on the Sunday previous and destroyed; that the seine belonged to Dago and McAulay, and that they had other seines out, but they had taken them up when they found that the other was destroyed. One of these captains said that the fishermen had threatened to take up the seine if they didn't themselves. Captain Jacobs showed me a revolver, and said that he had threatened them with it. I remonstrated with him for doing so, when he replied that I couldn't suppose that he was really going to use it; that he only did it to frighten them; he had taken care there were no charges in it. I said to him, "Do you suppose that you would have got off that beach alive if you had used it?" and he said he never intended to use it. Captain Warren told me that on the fishermen coming to haul in the seine that Captain Dago hailed them to say that they would take the seine in themselves if they waited, and that he (Warren) said to Dago, "It is too late now; you ought to have done it when they told you first; that they are too excited now.' I then communicated with the natives of the place, who related the circumstances, and gave their reasons that the Americans were fishing illegally, and would have secured the whole of the fish, which they considered part of their property, and that they would have been distressed for the winter. They told me that they had at first told them to take up their seines, and they refused; that Captain Jacobs had threatened them with a revolver, but, notwithstanding this, they had taken up one and destroyed it. I saw Captain Jacobs several times afterwards, and in the course of conversation with him I said: "If I had been there you would not have been allowed to shoot your seine." "What!" he said, "could you prevent me?" I said " Yes; I should have |