Office of the Historian

EXHIBIT P.

[In the matter of the claim of Charles Lutgens against the Russian Government for the seizure of certain seal skins from the schooner Kate and Anna.]

State of California, City and County of San Francisco, ss:

On this 20th day of November, 1900, before me, William T. Hess, a notary public in and for the city and county of San Francisco, State of California, duly commissioned, and by law authorized to administer oaths in said city, county, and State, and not in any way interested in the above claim, and not being the agent or attorney for any person interested in the above claim, personally appeared Charles Lutjens, personally known to me to be a credible witness, and being first duly sworn, says:

My full name is Charles Lutjens, sometimes also called Claus Lutjens; my age is 59 years; my place of birth is North Germany; I am a citizen of the United States; my residence is Alameda, Cal.; my occupation, master mariner; my residence at the time the events took place in relation to which my testimony is given was San Francisco; my occupation at that time was master mariner. I am the claimant above named, and am, and was at the date of the seizure of the said schooner Kate and Anna, the owner thereof. I produce herewith the log book or original book of entry of said schooner Kate and Anna, which is marked “Exhibit A,” and duly certified by the notary. The said log book is in the handwriting of Jim Crew, mate of said schooner Kate and Anna, who is now deceased. I know the handwriting of said Jim Crew. I have seen him write many times, and know his handwriting well, and on the voyage I frequently saw him make entries in said log book, and the facts in relation to this log book are exclusively within my knowledge since the death of said mate, Jim Crew. I was on said schooner Kate and Anna acting as captain and master thereof during the voyage of said schooner, commencing March 2, 1892, at [Page 280] which time we left the port of San Francisco, and up to the time of the return of said schooner to the said port of San Francisco, and particularly at the date of the seizure of said seal skins by the Russian war cruiser Zabiaca, August 12, 1892. No entries were made in said log book subsequent to said seizure. The entries in said log book were each made at the date that they severally purport to have been made by said mate, Jim Crew, under my directions, and each of said entries in said log book is true of my own knowledge; and the statement contained in said log book purporting to be signed by B. de Livrein, captain, and reading as follows:

“Schooner Kate and Anna was arrested in 54° 9’ N. lat. and 168° 2’ long., though not in Russian waters exactly; but she has been sealing at the sealing grounds of Commodore Islands. The contra verse could not be witnessed by the log book, so the seals are confiscated; but the vessel was not taken, and got free.

“B. de Livrein,
”Captain of H. I. M.’ is Russian Cruiser Zabiaca.

“August 12, 1892.”

was at the date thereof, to wit, August 12, 1892, by the said B. de Livrein signed and executed, and is and was actually written by him in my presence in the cabin of the said Russsan cruiser Zabiaca.

As will appear by said log book, during said voyage we had caught 1,376 seals, 124 of which were seized by said Russian cruiser Zabiaca, and the other 1,252 seal skins had been, previous to said seizure, by me discharged at Hakodate, Japan, and shipped to London, England, and there sold in open market for the sum of $14 each, net. I estimate that had it not been for the seizure of said skins and the orders of the captain of said Russian cruiser Zabiaca, ordering me to cease sealing, as is more fully set forth in my memorial on file herein, that up to September 15, 1892, during which time the sealing season would have lasted, and which would have been the best month for sealing, the probable catch of said schooner Kate and Anna would have been at least 625 seal skins in addition to those seized, which would have netted the same price as the other seal skins sold by me as aforesaid, to wit, $14 each, or the sum of $8,750, and that I was then and am damaged to the amount of $8,750 by the breaking up of my voyage by the Russian cruiser Zabiaca, in addition to the value of the skins seized as set forth in my memorial herein. I further state that the schooner Kate and Anna carried 4 hunting boats and a full equipment of hunters and sealers to man said boats.

Charles Lutjens.
Subscribed and sworn to before me this 20th day of November, 1900.

W. T. Hess,
Notary Public in and for the City and County of San Francisco, State of California.

State of California, City and County of San Francisco, ss:

I, Wm. A. Deane, county clerk of the city and county of San Francisco, State of California, and ex officio clerk of the superior court thereof (which court is a court of record, having a seal), do hereby certify that W. T. Hess, whose name is subscribed to the annexed instrument, and thereon written, and before whom the annexed oath or affidavit was taken, was at the time of taking such oath or affidavit a notary public in and for the city and county of San Francisco, residing in said city and county, duly authorized to take the same, and an officer duly authorized by the laws of said State to take and certify the acknowledgment and proof of deeds to be recorded in said State. And further, that I am well acquainted with the handwriting of such officer, and verily believe that the signature to such jurat or certificate is genuine.

In witness whereof I have hereunto set my hand and affixed the seal of the said superior court, at my office in said city and county, this 23d day of November, A. D. 1900.

Wm. A. Deane, Clerk.

[Seal of the superior court.]

(10-cent stamp.)

11/23/1900.

W. A. D.