EXHIBIT (D). Damages arising from the seizure and detention of the "W. P. Sayward" during the season of 1887, based upon her reasonable and probable catch of seals for that season. Estimated catch of seal-skins.. Balance, at 5 dol. 50 c. per skin. 3,500 $16, 615. 50 3, 021 Loss to owners of "W. P. Sayward" by reason of her detention after the close of the sealing season of 1887, namely, for the months of October, November, and December, A. D. 1887, and January, A. D. 1888, when the "W. P. Sayward," if in owner's possession, would have been engaged in coasting trade. Four months, at 300 dollars per month If owner not put in possession of "W. P. Sayward" on or before the 1st February, 1888, so that she may be put in order and condition to engage in fishing and hunting voyage for season of 1888, reasonable and probable profit for the season of 1888. 1,200.00 6,000.00 Estimate of the principal sums on which interest is claimed at 7 per cent. per annum, and the time for which it is so claimed. Value of the estimated catch of the "W. P. Sayward" for season of 1887, Total principal ou which interest at 7 per cent. per annum from the 1st $19, 250.00 605.10 19,855. 10 (Signed) J. D. WARREN. (Signed) D. O'CONNOR, Notary Public. EXHIBIT (F). Value of estimated consumption of articles of "W. P. Sayward's" outfit on a full voyage. Memo.-If the full claim for the season of 1887, as set out in Exhibit (D), be allowed, then the amount of this exhibit, 3,774 dol. 62 c., will properly appear as a credit, and be deducted from the total of Exhibit (A), of which it forms a part. No. 6. "Grace."-Seized by United States steam-ship "Richard Rush," July 17, 1887. CITY OF OTTAWA, Province of Ontario, Dominion of Canada. I, James Douglas Warren, of the city of Victoria, in the Province of British Columbia, of the Dominion of Canada, master mariner and shipowner, do solemnly and sincerely declare as follows: 21 1. That I am the duly authorized agent of Thomas H. Cooper, of the city of San Francisco, in the State of California, one of the United States of America, the owner of the hereinafter-mentioned schooner "Grace," by power of attorney bearing date the 4th day of February, A. D. 1886. 2. That the said Thomas H. Cooper is, I am informed and do verily believe, a British subject by birth, and never having renounced his allegiance to the Sovereign of Great Britain. 3. That the said steam-schooner "Grace" is a British vessel built at Victoria aforesaid, in A. D. 1881, and duly registered at the port of Victoria aforesaid. By builder's measurement the "Grace" is about 182 tons burden. She is substantially and strongly built, copper fas tened throughout, and in A. D. 1885 her bottom and sides to about halfload-line were coppered. Her steam power consists of one large boiler, compound engines, and all necessary fittings, including inside surface condenser, steam fire pumps and hose, and also had on board a double steam cargo winch. 4. The said "Grace" was duly licensed as a passenger boat, and had all the appliances and conveniences required by Canadian law for such vessels. 5. That as such agent as aforesaid, I am the sole manager of the said steam-schooner "Grace" for the said Thomas H. Cooper. 6. That on or about the 23rd day of April, A. D. 1887, having previously duly cleared therefor at the port of Victoria aforesaid, the said steam-schooner "Grace" sailed from Victoria on and for a full season hunting and fishing voyage in the North Pacific Ocean and Behring Sea. On said voyage the crew of the "Grace" consisted of William Petit, of Victoria aforesaid, master, a mate, and twenty-nine sailors and hunters. 7. That on the 6th or 7th day of July following the "Grace" entered the Behring Sea along the 172nd west meridian, through the Amoughta Pass, commonly called the "172nd Pass," having then on board 458 seals taken while on the voyage from Victoria aforesaid to the said pass. 8. That on the 12th day of said July, A. D. 1887, the "Grace" began sealing in said Behring Sea, and from then till she was seized as here inafter set out caught 323 seals. On the 17th day of the said month of July the United States steam-ship "Richard Rush" seized the said steam-schooner "Grace" for alleged violation of the laws of the United States of America respecting seal-fishing in the waters of Alaska. At the time of said seizure the "Grace" was in north latitude 55° 3′ and west longitude 168° 40', then being about 92 miles from Ounalaska Island, the nearest land, and, as I verily believe, lawfully pursuing the objects of said voyage. 9. The "Grace" after being seized was taken to Ounalaska, in the Territory of Alaska, where by order of the United States authorities thereat, all the seal-skins on board, except as hereinafter stated, were taken out and stored at Ounalaska, and all the fire-arms and ammunition taken on board the said "Richard Rush." On removing the seal-skins twelve were missing. Five were afterwards discovered on board the "Grace" and not removed, the remaining seven were not, as far as I know, ever found. 10. After removal from the "Grace" of the said seal-skins as stated in the preceding paragraph 8, a United States officer was placed on board the "Grace," and she was, in charge of said officer, taken to Sitka, in the Territory of Alaska, together with all the crew and hunters. On arrival at Sitka on the 1st August United States Marshal Atkins took charge of the "Grace." The master, the said William Petit, was bound over to appear for trial on the 22nd day of August then instant, on a charge then preferred against him of having violated the laws of the United States respecting seal-fishing in the waters of Alaska. The said master so appeared for trial on the 22nd instant, and thereafter day by day until the 9th day of September next following, when, without having been brought to trial on such a charge or any other charge whatever, he was unconditionally released. 11. That hereto annexed, marked "(A)," is a statement of the value of said steam-schooner "Grace" at the time of her seizure, and of the outfit then on board, also of the premiums paid for insurance on the hull, outfit, and cargo of the "Grace" for and during said voyage; also of the amount of wages paid the crew and hunters on and for said voyage up to time of seizure; also of the expenses and fares of the master and five men at and from Sitka to Victoria aforesaid, and also of the number of the seal-skins on board at the time of seizure and the value thereof. 12. That the value placed upon the said steam-schooner "Grace" at the time of her seizure, namely, 12,000 dollars, is based upon the original cost of the said vessel, the state of repair she was then in, and the general market value of the vessels of the same class at the said port of Victoria, and for the same purpose for which she was designed. The first cost of the "Grace" was between 16,000 and 17,000 dollars. At the time of her seizure she was 6 years old, and in 1885 had been thoroughly repaired, coppered as aforesaid, and generally put in first-class order and condition. On her departure on said voyage she was in good order and condition, and had on said voyage up to the time of seizure sustained no damage beyond ordinary wear and tear. Her insurance value for said year 1887 was placed at 12,500 dollars, and she was, while on said voyage, insured for the sum of 2,000l., and the said value of 12,000 dollars at the time of her seizure is a reasonable and fair value for the said steam-schooner "Grace." 13. That the value in Exhibit (A) placed on the articles, and groups of articles, comprising the outfit of the said "Grace" is the cost price of the said articles at the port of Victoria at the time of their purchase for the purposes of said voyage. In addition to the outfit named in Exhibit (A), there was on board the "Grace" at the time of her seizure a considerable quantity of general ship stores. 22 14. The price per seal-skin charged in Exhibit (A), namely, 5 dol. 50 c. per skin for the seal-skins on board the "Grace" when seized and taken out at Ounalaska, was the market price at Victoria at the close of the sealing season of 1887, when the catch of the "Grace" for that season, in the ordinary course of events, would have been placed on the market. 15. That hereto annexed, marked "(C)," is a statement of the legal expenses incurred at Sitka and elsewhere by reason of the seizure of the "Grace" and the arrest of the captain, and the claims arising therefrom, and also of the personal expenses connected therewith. 16. That hereto annexed, marked "(D)," is a statement of the amounts claimed by the owner of the steam-schooner "Grace" by reason of her seizure and detention during the season of 1887, and of the loss arising from the detention of the said "Grace" after the close of said season. 17. The estimated catch by the "Grace" for the season of 1887, namely, 4,200 seal-skins, is based upon a reasonable and probable catch per boat or canoe for that season. Experience in sealing has proved that the greater number of boats or canoes, or both, carried by any one sealing-vessel, the smaller the average per canoe or boat, and it is in view of this that the average per canoe for the "Grace" is put at 300 per canoe, while the average for the steam-schooner " Anna Beck" for the same season is placed at 350, the latter carrying eight canoes and one boat, while the former carried twelve canoes and two boats. The said average catch of 300 seal-skins per canoe and boat for the "Grace" is a fair average catch, and I verily believe that had the "Grace" not been seized as aforesaid, her catch for the season of 1887 would have exceeded the said number of 4,200 seal-skins. 66 18. That during the months of October, November, and December, A. D. 1887, and January, A. D. 1888, had the "Grace" been in possession of her owner, she would have been engaged in the coasting trade between the various ports of British Columbia. The estimated loss per month of 500 dollars for each of said months is a fair and reasonable estimate of the earnings of the said steam-schooner "Grace" for the said months of October, November, December, and January, after deducting the cost of wages and ordinary running expenses, and I verily believe that the "Grace" would have earned the said sum per month had she been in her owner's possession. 19. That in order to engage in the hunting and fishing of next year, namely, A. D. 1888, and in view of the fact that the "Grace" will require the usual overhauling and fitting out before being sent on so long a voyage, the latest date at which it will be possible to begin necessary repairs and refitting, and have them completed in order to leave at or about the usual date on said hunting and fishing voyage, will be on or about the 1st day of February, A. D. 1888. If the "Grace" be not delivered to the owners at Victoria on or before that date, it will be too late to repair and refit her for a full season hunting and fishing voyage, which begins on or about the 1st March of each year. During the summer months, for a vessel of the class and equipment of the "Grace," there is very little to do in and about the coasting trade, and the season in the event of the "Grace" not being in the possession of her owner on or before the 1st February, A. D. 1888, would be practically lost to her owner. The claim for loss if detained beyond the 1st Feb ruary aforesaid is a fair and reasonable estimate of the loss which will in such cases be sustained by the owner of the "Grace." 20. That hereto annexed, marked (E), is an estimate of the principal sums on which interest at 7 per cent. per annum is claimed, and the time for which it is so claimed. On the 1st day of October, A. D. 1887, when the catch of the "Grace" would have been, in the ordinary course of events, realized on, the minimum rate of interest on money for commercial purposes at the said city of Victoria was, has since continued to be, and now is, 7 per cent. per annum. 21. That hereto annexed, marked (F), is a statement of the articles, and groups of articles, and the value thereof, from Exhibit (A), which would have been wholly, or almost wholly, consumed in the course and prosecution of the said voyage, had not the "Grace" been seized and detained as aforesaid. And I, James Douglas Warren aforesaid, make this solemn declaration, conscientiously believing the same to be true, and by virtue of "The Act respecting Extra-Judicial Oaths." (Signed) J. D. WARREN. Declared and affirmed before me at the City of Ottawa, in the County of Carleton, in the Province of Ontario, this 9th day of December, A. D. 1887, and certified under my official seal. (Signed) D. O'CONNOR, Notary Public for Ontario. Value of the steam-schooner "Grace" at the time of her seizure.... Outfit: Groceries Ammunition Dry goods $948. 13 $12,000.00 276. 17 Wages paid crew and hunters on voyage up to time of seizure 781 seal-skins on board the "Grace" when seized, at 5 dol. 50 c. per skin.. 1,335.99 2, 164.25 200.00 4,295.50 23, 648.92 J. D. WARREN, |