I received yesterday and now inclose a copy of the statement made under oath
by Captain Landry of the Marion Grimes, and present it as supplementary and
confirmatory of my former communication on the subject.
[Inclosure in No. 462.]
Affidavit of Captain Landry, of the schooner Marion
Grimes.
I, Alexander Landry, master of schooner Marion Grimes, of Gloucester,
being duly sworn, do depose and say:
That on Monday, October 4, 1886, I sailed from Gloucester on a fishing
trip to Western Bank. On the night of Thursday, October 7, the wind
blowing almost a gale from the southeast and a heavy sea running, we
came to anchor, in the entrance of Shelburne Harbor about midnight for
shelter. We were then fully 10 miles from the custom-house at Shelburne.
At 4.30 a.m. of the next day we hove up our anchor to continue our
voyage, the wind having died away almost to a calm. Just as we had got
our anchor on the bow an officer and boat’s crew from Canadian cruiser
Terror (which laid off Sand Point some 3 miles above us) came on board
and told me we must come to anchor at once and go to the custom-house at
Shelburne and enter and clear. I at once anchored the vessel and taking
my boat and two of my crew started for the custom-house. When we reached
the Terror, Captain Quigley ordered me to come on board his vessel,
leave my boat and men, and go with him in his boat to Shelburne. I
arrived at the custom-house at about 8.30 a.m., and waited until 9 a.m.,
when Collector Attwood arrived. I then entered and cleared my vessel and
was about to pay the charges and depart, when Captain Quigley entered
the office and told the collector he ought not to clear my vessel as I
had attempted to leave the harbor without reporting, and that the case
should be laid before the authorities at Ottawa. Collector Attwood then
withheld my papers until a decision should be received from Ottawa. I
then tried to find the American consul, calling at his office three
times during the day, and was unable to find him. But in the afternoon
found a Mr. Blatchford in the consul’s office, who informed me that my
vessel had been fined $400, and I wired my owners accordingly. At 4 p.m.
returned with Captain Quigley on board the Terror, and when on board he
informed me that my vessel was fined $400.
He then sent a boat’s crew on board my schooner, telling me to go with
them, but detaining my boat and two men, and ordered me to take my
schooner up to Shelburne at once. We started and got as far as Sand
Point, and came to anchor for want of wind at about 10 o’clock p.m., and
alongside the Terror. At 3 o’clock a.m. on Saturday, October 9,
accompanied by the Terror, we started again for Shelburne inner harbor,
arriving there about 7 o’clock a.m., and then the boat’s crew left us
and my two men came on board in my boat. I then went on shore and found
the American consul, who informed me he could not give me any
assistance. During Saturday, Sunday, and Monday I awaited dispatches
from my owner in regard to the payment of the fine. On Monday morning,
it being the anniversary of my birthday, I hoisted the American flag to
the mast-head, and immediately Captain Quigley (speaking from the deck
of his vessel) ordered me to haul it down, which I did; but after
thinking the matter over, I concluded that as no regular seizure of my
vessel had been made, no broad arrow put upon my mast, but my vessel
only detained untill a deposit of the fine had been made, Captain
Quigley had acted beyond his authority, and acting on this conclusion I
again set my flag at the mast-head. Captain Quigley again ordered me to
haul down the flag, which I refused to do; upon which he came on board
my vessel with eight men, and asked who gave the authority to hoist that
flag. I replied that I took the authority myself He then said, “Well,
I’ll haul it down myself,” [Page 372]
which I forbid him to do; but without heeding me he immediately hauled
down the flag, unbent it, unrove the halyards, and passed the flag to
me. I passed it back to him, telling him as he had hailed it down he
better take charge of it himself He then ordered his men to haul the
vessel into the wharf, which they did, and Collector Attwood came on
board and put a broad arrow (↑) on the mainmast and placed two watchmen
on the wharf to watch the vessel. On Tuesday, October 12, at 10 a.m.,
Collector Attwood informed me that the vessel was released, but I must
pay the bill for watching, amounting to $8, and to save further delay I
did so. On Tuesday evening, October 12, sailed for the Western Bank in
continuation of my voyage.
ALEXANDER his × mark LANDRY,
Master.
Witness:
J. Warren Wonson.
Massachusetts,
Essex,
ss:
Personally appeared Alexander Landry and made oath to the truth of
the above statement before me.
[
seal.]
AARON PARSONS,
Notary Public.