No. 330.
Mr. Bayard to Sir L. S. Sackville West.

Sir: I have the honor to inclose a copy of an affidavit of the captain and two members of the crew of the schooner Sarah H. Prior, of Boston, stating the refusal of the captain of the Canadian revenue cutter Critic to permit the restoration to the former vessel, in the port of Malpeque, Prince Edward Island, of her large seine, which she had lost at sea, and-which had been found by the captain of a Canadian vessel, who offered to return the seine to the Prior, but was prevented from doing so by the captain of the Critic.

This act of prevention, the reason for which is not disclosed, practically disabled the Prior, and she was compelled to return home without having completed her voyage, and in debt.

I have the honor to ask that Her Majesty’s Government cause investigation of this case to be made.

I have, etc.,

T. F. Bayard.
[Inclosure 1.]

Mr. Prior to Mr. Bayard.

Dear Sir: I wrote to Senator W. P. Frye, setting forth in my letter the facts contained in the affidavit inclosed. He wrote me to have it sworn to and to send it to you, which I have done. Will you please let me know what course is best to pursue in regard to it, whether to enter a claim or not? I think it is a clear, strong case, and the claim would be a just one, and will be pleased to receive your advice in the matter.

Yours, very truly,

P. H. Prior.
[Inclosure 2.]

Affidavit of the captain and crew of the schooner Sarah H. Prior.

On this 28th day of December, A. D. 1886, personally appeared before me Captain Thomas McLaughlin, master, and George F. Little and Charles Finnegan, two of the crow of the schooner Sarah H. Prior, of Boston, and being duly sworn, signed and made oath to the following statement of facts:

On September 10, 1886, the schooner Sarah H. Prior, while running for Malpeque, Prince Edward Island, and about seven miles from that port, lost her large seine. [Page 502]Four days afterwardsthe schooner John Ingalls, of Halifax, N. S., Captain Wolfe, came into Malpeque and had the seine on board, which she had picked np at sea, Captain Wolfe offered to deliver the seine to Captain McLaughlin in consideration of twenty-five dollars, which offer the latter accepted and paid him the money. The Canadian revenue cutter Critic, Captain McLearn, was lying at Malpeque at the time, and Captain McLaughlin went to see him, to ascertain if there would be any trouble in delivering the seine. Captain McLearn would not allow the captain of the John Ingalls to give up the seine, so the latter returned the twenty-five dollars to Captain McLaughlin.

The schooner Sarah H. Prior had two seines, one large and one small size. It was the large one which she lost and the schooner John Ingalls picked up. She had to leave Malpeque without it, and consequently came home with a broken voyage and in debt.

  • Thos. McLaughlin.
  • George F. Little.
  • Charles Finnegan.

Suffolk, ss:

Personally appeared before me Thomas McLaughlin, George F. Little, and Charles Finnegan, who signed and made oath that the foregoing statement was true.

[seal.]
Charles W. Hallstrain,
Notary Public.