No. 5122.—United States of America.

department of state.

To all to whom these presents shall come, greeting!

I certify that the documents hereto annexed are true copies from the files of this Department.

In testimony whereof I, John Hay, Secretary of State of the United States, have hereunto subscribed my name and caused the seal of the Department of State, to be affixed.


[seal.]
John Hay.

PIÈCE PRODUITE A.

[Cat. No, 335.—Register No. 80: Permanent. Official number: Numerals, 14,376: letters.]

Copy of certificate of registry.

In pursuance of Chapter I, Title XLVIII, “Regulation of commerce and navigation,” Revised Statutes of the United States, Charles Lutjens, of San Francisco, State of California, having taken and subscribed the oath required by law, and having sworn that he is the only owner of the vessel called the Kate and Anna, of San Francisco, whereof Charles Lutjens is at present master, and is a citizen of the United States; and that the said vessel was built in the year 1882, at Portland, Oregon, as appears by P. E. No. 9, issued at the port of Astoria, Oregon, Oct. 16, 1889, now surrendered; district changed. And said enrollment having certified that the said vessel has one deck and two masts, and that her length is 36 and 4-tenths feet, her breadth 14 feet and 8-tenths, her depth 5 feet and 7-tenths, her height — feet and — tenths; that she measures twenty-three tons and forty-two hundredths, viz:

Tons.
Capacity under tonnage deck 24.65
Capacity between decks about tonnage deck
Capacity of inclosures on the upper deck, viz
Gross tonnage 24.65
Deductions under section 4153, Revised Statutes, as amended by act of August 5, 1882 . 23
Total deductions 1.23
1.23
Net tonnage 23.42

The following-described spaces, and no others, have been omitted: and that she is a schooner, has a sharp head and an elliptic stern; and the said Charles Lutjens, having agreed to the description and admeasurement above specified, and sufficient security having been given, according to law, said vessel has been duly registered at the port of San Francisco.


[Place for seal of naval officer.]
E. P. Danforth,
Naval Officer.

[Place for seal of collector.]
T. G. Phelps,
Collector of Customs.

[Seal of the United States Treasury.]
Wm. W. Bates,
Commissioner of Navigation.
[Page 266]

District of San Francisco, Port of San Francisco, Collector’s Office.

I hereby certify the within to be a true copy of the original, on file in this office. Given under my hand and seal this 18th day of October, 1892.

John T. Dare,
Deputy Collector.

Cat. No. 335. Permanent.

Copy of certificate of registry, No. 80, of the schooner called the Kate and Anna, 23 42/100 tons.


T. G. Phelps,
Collector of Customs.

EXHIBIT B.

[Gardner & Thornley, ship and custom-house brokers, No. 322 Washington street—Outward foreign manifest.]

(New form. Special.)

Report and manifest of the arms, etc., laden at the port of San Francisco on board the American schooner Kate and Anna, whereof Charles Lutjens is master, bound for hunting and fishing voyage, February 27, 1892.

Marks. Numbers. Packages and contents. Quantities, pounds, gallons, etc. No. 1. Value of domestic merchandise. No. 2. Value of foreign merchandise. Free. No. 3. Valueof foreign merchandise from bonded warehouse. No. 4. Value of foreign merchandise not from bonded warehouse, which has paid duties. No. 5. Value of foreign merchandise on the passage (in transitu) from one foreign country to another. To be landed at—
4 rifles $60.00
9 shotguns 180.00
5,000 primers 8.00
20,000 wads 15.00
500 shells 20.00
400 pounds shot 20.00
Hunting and fishing gear

W. P. Saxe, Bond Clerk.

Master’s or conductor’s oath on clearing outward.

District and Port of San Francisco:

I, Charles Lutjens, master or conductor of the American schooner Kate and Anna, bound from the port of San Francisco to hunting and fishing, solemnly, sincerely, and truly swear that the manifest of the cargo on board the said American schooner, now delivered by me to the collector of this district and subscribed with my name, contains, according to the best of my knowledge and belief, a full, just, and true account of all the goods, wares, and merchandise now actually laden on board the said vessel or vehicle, and of the value thereof; and if any other goods, wares, or merchandise shall be laden or put on board the said American schooner previous to her departure from this port, I will immediately report the same to the collector. I do also swear that I verily believe the duties on all foreign merchandise therein specified have been paid or secured according to law, and that no part thereof is intended to be relanded within the United States; and that if, by distress or other unavoidable accident, it shall become necessary to reland the same, I will forthwith make a just and true report thereof to the collector of customs of the districts wherein such distress or accident may happen. And said cargo is truly intended to be landed in the port of———. So help me God.

Charles Lutjens, Master.

Sworn to before me this 27th day of February, 1892.

John T. Dare,
Deputy Collector of Customs.
[Page 267]

EXHIBIT C.

[Sec. 4201, Rev. Stats.—Cat. No. 481.]

The United States of America.

Clearance of vessel to a foreign port.

District of San Francisco, Port of San Francisco:

These are to certify all whom it doth concern, that Charles Lutjens, master or commander of the American schooner Kate and Anna, burden 23 tons, or thereabouts, mounted with——guns, navigated with 12 men, built and bound for hunting and fishing voyage, having on board stores, hath here entered and cleared his said vessel, according to law.


[seal.]
John T. Dare,

Deputy Collector.
[seal.]
G. M. Branch,
Acting Deputy Naval Officer.

EXHIBIT D.

United States of America.

Record of naturalization.

In the circuit court of the United States for the district of California.

In the matter of the naturalization of Claus Lutjens.

Be it remembered that on this 29th day of September, A. D. 1873, being a day in the June term, A. D. 1873, of said court, Claus Lutjens, an alien, and late a subject of the Emperor of Germany, appeared in said court and applied to be admitted a citizen of the United States of America, pursuant to the acts of Congress in relation thereto; and having then and there exhibited to the court a certified copy of his declaration of intention to become a citizen of the United States, made in the United States district court, district of California, on the 10th day of August, A. D. 1869, and proved by the oaths of Adam Pfeffer and Charles Woge, citizens of the United States, his residence within the United States for the last five years, and his residence within the State for the last year, and by said witnesses and other satisfactory proofs that he is entitled to be made a citizen of the United States; and having on oath then declared, before said court, that he will support the Constitution of the United States of America, and that he doth absolutely and entirely renounce and abjure all allegiance and fidelity to every foreign prince, potentate, State, or sovereignty whatever, and particularly to the Emperor of Germany.

Whereupon it is ordered by the court that said Claus Lutjens be admitted, and he is hereby adjudged and declared to be, a citizen of the United States of America.

In open court:

Lorenzo Sawyer, Judge.

EXHIBIT E.

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

I, W. T. Hess, a notary public in and for the city and county of San Francisco, State aforesaid, duly commissioned and sworn, do hereby certify that the annexed log book of the Kate and Anna is the original log book produced by Charles Lutjens and verified as an original log book by his affidavit this day sworn to before me, to which said affidavit special reference is hereby made.

The said log book consists of 58 pages besides this, and I have this day affixed my official seal to each of the said 58 pages for the purpose of identifying the same.


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

[Seal of notary public.]

[Page 268]

Log of Schooner Kate and Anna, 1892.

[Journal from San Francisco toward the coast of Japan.]

2nd day of March, 1892.—Weighed anchor at 2 p.m. Wind light from NW. Proceeded on voyage toward southered and westered. Farallons light, hearing NNW. 11 p.m. Weather fine. Course, SW. Wind fresh, NW., all sails set.

2nd day of March, 1892.—Course, SSW.; wind, NW. Remarks: Fresh breeze; weather clear. Distance, 150. Lat. by D. R., 36° 30′; lon. by D. R., 124° 15′.

3rd day of March, 1892.—Course, SW. Wind, NW. Remarks: Fresh breeze from NW., and showery. Distance, 150. Lat. by D. R., 35° 30′; lon. by D. R., 127° 45′.

4th day of March, 1892.—Course, SW.; wind, NW. Remarks: Wind more moderate; weather clear in afternoon. Distance, 150. Lat. by D. R., 32° 25′; lon. by D. R., 129° 30′.

5th day of March, 1892.—Course, SW.; wind, N. Remarks: Light north wind and clear. Distance, 140. Lat. by D. R., 32° 10′; lon. by D. R., 131° 50′.

6th day of March, 1892.—Course, SW.; wind, NE. Remarks: Wind light; weather cloudy. Distance, 135. Lat. by ob., 31° 2′; lon. by ob., 134°.

7th day of March, 1892.—Course, SW. by W.; wind, ENE. Remarks: Light breeze from ENE., with light showers during the night. Distance, 140. Lat. by ob., 30° 19′; lon. by ob., 136° 35′.

8th day of March, 1892.—Course, SW. by W.; wind, SE. Remarks: Strong breeze from SE. Distance. Lat. by ob., 29° 47′; lon. by ob., 139° 30′.

9th day of March, 1892.—Course, SW. Remarks: Wind strong from SE. and hauled to SW. 11 a.m., with heavy rain shower till 2 p.m., when rain ceased and wind moderated. Vessel hove-to, heading to southward and eastward. Lat. by D. R., 29°; lon. by D. R., l° 42′.

10th day of March, 1892.—Wind, SW. Remarks: Wind increased to a gale and hauled to SW., with heavy sea; rising wind all day and all night. Vessel hove-to.

11th day of March, 1892.—Wind, SW. Remarks: Wind slightly moderated, but still blowing hard from SW., with heavy rain squalls. Lat. by ob., 28° 19′.

12th day of March, 1892.—Remarks: Wind still fresh from SW., but moderated in the evening. Shook out reefs and stood to the southward and eastward. Weather clouded, light rain squalls. Vessel heading toward southward and westward. Lat. by ob., 27° 16′; lon. by ob., 140° 51′.

13th day of March, 1892.—Course, SW.; wind, NW. Remarks: Wind light from W. Weather clear. Wind changed to NW. during the night. Lat. by ob., 27° 27′; lon. by ob., 141° 20′.

14th day of March, 1892.—Course, SW. Remarks: This day opened fine and clear, with light breeze from NW. Wind hauled to the northward and eastward toward the middle of the day. Vessel heading SW. Lat. by ob., 25° 6′; lon. by D. R., 142° W.

15th day of March, 1892.—Course, SW. by W.; wind, NE. Remarks: Light breeze from NW., with light rain squalls and cloudy. Lat. by ob., 24° 36′; lon. by ob., 144°.

16th day of March, 1892.—Course, SW. by W.; wind, NNE. Remarks: Clear and bright; wind moderate from northward and eastward. Lat. by ob., 24° 15′; lon. by ob., 146°.

17th day of March, 1892.—Course, SW. by W.; wind, NE. Remarks: Light breeze from northward and eastward; increased to fresh breeze; toward evening died out; calm during the night. Lat. by ob., 23° 47′; lon. by ob., 147° 22′.

18th day of March, 1892.—Course, WSW.; wind, NE. Remarks: This day opened with light winds from NE., and continued so during the day. Sky clear, sun quite warm. Lat by ob., 23° 12′; lon. by ob., 150° 30′.

19th day of March, 1892.—Course, WSW. Remarks: Weather fine and clear. Winds light and changeable from E. to N. Lat. by ob., 23° 10′; lon. by ob., 152° 30′.

20th day of March, 1892.—Course, WSW.; wind, NE. Remarks: Fresh breeze from northward and eastward, with light rain squalls at intervals. N. lat. by ob., 22° 50′; W. lon. by ob., 155° 20′.

21st day of March, 1892.—Course, WSW. Remarks: Fresh breeze from NNE. Weather clear. Lat. by ob., 22° 44′ N.

22nd day of March, 1892.—Course, WSW. Wind, NW. Remarks: Fresh breezes from NE. Weather clear. Lat. by ob., 22° 30′;. lon. by ob., 160° 30′.

23rd day of March, 1892.—Course, WSW. Remarks: Fresh breeze from northward and eastward. Weather fine and clear.

24th day of March, 1892.—Course, W. by S. ½ S.; wind, NE. Remarks: This day opened fine and clear, with fresh breeze from northward and eastward; 2 o’clock p.m. very heavy rain squall, followed by light showers the rest of the day.

[Page 269]

25th day of March, 1892.—Course, W. by S.½ S. Remarks: Fresh breeze from northward and eastward. Light rain squalls during the day, with thunder and lightning at intervals during the night.

26th day of March, 1892.—Course, W. by S. ½ S. Remarks: Fresh breeze from northward and eastward, with light rain showers during the day and night; light flashes of lightning at intervals.

27th day of March, 1892.—Course, W. by S. ½ S. Remarks: Weather clear. Light breeze from northward and eastward.

28th day of March, 1892.—Course, W. by S. ½ S.; wind, NE. Remarks: Weather clear. Wind light from NE.

29th day of March, 1892.—Course, W. by S.½ S.; wind, NE. Remarks: Wind light, NE. Weather clear.

30th day of March, 1892.—Course, W. by S. Remarks: Wind fresh from NE.

1st day of April, 1892.—Course, W. by S.; wind, NE. Remarks: Weather fine and clear. Light breeze from NE.

2nd day of April, 1892.—Remarks: Strong breeze from northward and eastward in fore part of the day; wind moderated toward noon. Wind hauled round to the westward 1 o’clock p.m., and increased to very fresh breeze. Heavy rain squalls during the evening.

3rd day of April, 1892.—Course, W.; wind, NE. Remarks: Weather more moderate. Wind shifted to NE.

4th day of April, 1892.—Remarks: This day opened fine and clear. Wind light from NE.

5th day of April, 1892.—Course, W.; wind, WNW. Remarks: Sighted a comet about 2 o’clock in the morning bearing E. Weather fine and clear. Light breeze from NE.

6th day of April, 1892.—Course, W. Remarks: Weather clear and very warm. Very light breeze from the north and eastward. Course, W.

7th day of April, 1892.—Course, W. by N.; wind, E. Remarks: Weather clear and calm. Light air from the eastward. Very warm.

8th day of April, 1892.—Course, W. by N. ½ N.; wind, E. Remarks: Light breeze from eastward. Weather clear and very warm. Course, W. by N. ½ N.

9th day of April, 1892.—Course, WNW. Remarks: Weather clear. Light breeze from northward and eastward.

10th day of April, 1892.—Course, WNW. Remarks: Strong breeze from northward. Weather clear.

11th day of April, 1892.—Course, WNW. Remarks: This day opened fine and clear, with light breeze from NE. Wind hauled to the southward and westward about 2 p.m., and blew hard. Heavy rain squalls at intervals. Wind hauled to NW.

12th day of April, 1892.—Course, WNW. Remarks: Wind, NE. Fresh breeze. Weather clear.

13th day of April, 1892.—Course, NW. by W. Remarks: Weather clear. Wind light from southward and eastward.

14th day of April, 1892.—Course, NW. by W. Remarks: This day opened fine, with fresh breeze from northward and eastward, and gradually hauled round the compass to N. about 4 p.m.

15th day of April, 1892.—Course, NW. ½ W. Remarks: Light northerly winds. Light fog.

16th day of April, 1892.—Course, NW. ½ W. Remarks: Fresh breeze from NE., with light rain and fog.

17th day of April, 1892.—Course, NW. ½ W. Remarks: Light breeze from northward and eastward. Foggy at intervals.

18th day of April, 1892.—Course, W. by N. Remarks: Fresh breeze from SE., with light rain and fog. Sighted 1 seal.

19th day of April, 1892.—Remarks: Fresh breeze from northward and westward.

20th day of April, 1892.—Remarks; This day opened fine and clear, with light breeze from northward and westward. Lowered boats about 9 o’clock and took 52 seals.

21st day of April, 1892.—Wind, S. Remarks: This day opened clear, with light breeze from southward and eastward, increased to very fresh breeze. About 5 p.m. stood under short sail for land. Course, NW. Took 3 seals from the vessel during the day.

22nd day of April, 1892.—Remarks: Moderate gale from the south and westward. Hove-to 4 o’clock a.m. Wind shifted to northward during the evening and died out toward midnight.

23rd day of April, 1892.—Remarks: This day opened fine and calm, with very light breeze from SE.; increased during the day. Put off boats and took 11 seals.

[Page 270]

24th day of April, 1892.—Remarks: This day opened fine, with light breeze from eastward; continued so during the day. Put boats out in the afternoon; took 5 seals. Spoke the schooner Bowhead.

25th day of April, 1892.—Remarks: Wind, SE., increased to a gale, then hauled to northward and eastward, and blew very hard during the night.

26th day of April, 1892.—Remarks: This day opened with fresh breeze from northward and westward. Moderated toward evening. Put out the boats and took 3 seals. Sighted land of Japan.

27th day of April, 1892.—Remarks: Weather fine, wind light from northward and eastward in forenoon, changed to SE. 5 p.m.; ran inshore and came to anchor in Yamada Harbor, Bay of Yamada, 8 p.m.

28th day of April, 1892.—Remarks: Light breeze from southward. Took in water.

29th day of April, 1892.—Remarks: Weather fine. Wind light from southward and eastward. Hove up anchor and got under weigh and started out of harbor, but came to anchor again 5 p.m.

30th day of April, 1892.—Remarks: This day opened fine, and calm set in. Foggy, with light rain, 10 a.m.; 4 p.m. wind freshened up from southward and eastward.

1st day of May, 1892.—Remarks: Opened calm and foggy. Very light breeze from southward. Got up anchor and started out of the harbor. Wind died out; put the boats out and towed out. Struck a breeze about 7 o’clock p.m., and stood offshore. Wind increased during the night, and hove the vessel to.

2nd day of May, 1892.—Remarks: Strong breeze from north and eastward. Very thick and rainy all day.

3rd day of May, 1892.—Remarks: Strong breeze from the eastward. Weather cloudy and cold. Wind moderated toward evening. Took 2 seals.

4th day of May, 1892.—Remarks: Light southerly winds. Put out boats and took 83 seals.

5th day of May, 1892.—Remarks: Strong breeze from southward. Put out boats; about 5 p.m. took 17 seals.

6th day of May, 1892.—Remarks: Fresh breeze from the north and eastward. Put out boats and took 54 seals. Wind freshened about 12 o’clock, and boats came aboard.

7th day of May, 1892.—Remarks: This day opened with strong easterly wind; moderated toward evening. Took 4 seals.

8th day of May, 1892.—Remarks: Strong northerly wind during the entire day.

9th day of May, 1892.—Remarks: Wind still very fresh from westward; moderated about 4 p.m., but freshened during the night. Took 1 seal.

10th day of May, 1892.—Remarks: This day opened with strong breeze from north and westward; moderated toward evening. Put out boats; took 1 seal.

11th day of May, 1892.—Remarks: This day opened with strong breeze from southward and eastward, and increased to a gale during the night.

12th day of May, 1892.—Remarks: Wind, still very strong, but moderated toward evening. Took 1 seal.

13th day of May, 1892.—Remarks: Very fresh breeze from westward. Weather clear.

14th day of May, 1892.—Remarks: This day opened fine and clear, with light breeze from westward, but freshened toward evening, and hauled to southward Put out boats; took 35 seals.

23rd day of May, 1892.—Remarks: Wind light from southward and eastward; light during the day, but increased toward evening; quite fresh during the night. Lowered boats; took 71 seals.

24th day of May, 1892.—Remarks: Strong breeze from southward and eastward during the entire day.

25th day of May, 1892.—Remarks: Fresh breeze from southward and eastward. Put out boats; took 50 seals.

26th day of May, 1892.—Remarks: Moderate gale from north and eastward. 1 seal.

27th day of May, 1892.—Remarks: Gale.

28th day of May, 1892.—Remarks: Heavy gale from southward and westward. Very heavy sea. Glass 28.90.

29th day of May, 1892.—Remarks: Still heavy gale from northward and westward.

30th day of May, 1892.—Remarks: Light breeze from southward and westward. Took 40 seals.

31st day of May, 1892.—Remarks: Calm through the day. Took 105 seals.

1st day of June, 1892.—Remarks: Light southerly wind during the day, increased to fresh breeze toward evening. Took 39 seals.

2nd day of June, 1892.—Remarks: Moderate gale from southward and eastward.

3rd day of June, 1892.—Remarks: Fresh breeze from southward and westward during the forepart of the day. Wind hauled to soutward and eastward in the afternoon, and died out. Calm. Put out boats; took 70 seals.

[Page 271]

4th day of June, 1892.—Remarks: Fresh SW. wind. Took 2.

5th day of June, 1892.—Remarks: Light breeze from eastward. Thick fog. Took 4 seals.

6th day of June, 1892.—Remarks: Light southerly wind. Thick fog.

7th day of June, 1892.—Remarks: Fresh breeze from southward and westward. Weather clear. Put out boats; took 20 seals.

8th day of June, 1892.—Remarks: Very slight breeze from southward and westward. Took 54 seals.

9th day of June, 1892.—Remarks: Very light breeze from southward and westward. Took 56 seals.

10th day of June, 1892.—Remarks: Light easterly breeze. Very thick fog in afternoon. Took 29 seals.

11th day of June, 1892.—Remarks: Strong breeze from northward.

12th day of June, 1892.—Remarks: Fresh breeze from westward. Took 10 seals.

13th day of June, 1892.—Remarks: Slight easterly breeze. Took 12.

14th day of June, 1892.—Remarks: Strong breeze from northward and eastward.

15th day of June, 1892.—Remarks: Moderate gale from NE.

16th day of June, 1892.—Remarks: Light breeze from northward. Took 31 seals.

17th day of June, 1892.—Remarks: Fresh breeze from SW. Took 1 seal.

18th day of June, 1892.—Remarks: Light breeze from southward. Took 36 seals.

19th day of June, 1892.—Remarks: Calm and foggy throughout the day.

20th day of June, 1892.—Remarks: Light breeze and foggy. Took 13 seals.

21st day of June, 1892.—Remarks: Light breeze, thick fog. Took 1 seal.

22nd day of June, 1892.—Remarks: Thick fog, light breeze. Took 12 seals.

23rd day of June, 1892.—Remarks: Light southerly breeze. Took 17 seals.

24th day of June, 1892.—Remarks: Light breeze. Foggy at intervals. Took 2 seals.

25th day of June, 1892.—Remarks: Very light breeze and changes through the day. Entered the Straits of Tsugar bound for Hakodadi.

26th day of June, 1892.—Remarks: Very light and changeable winds. Still in the Straits of Sangar. Foggy and rainy.

27th day of June, 1892.—Remarks: Fresh southwesterly wind. Came to an anchor in Hakodadi, 7.30 p.m.

28th day of June, 1892.—Remarks: In Hakodadi. Weather clear and fine, with fresh breeze from southward and westward.

In Hakodadi 29th, 30th June, 1st, 2nd, 3rd, 4th, 5th July.

6th day of July, 1892.—Remarks: Hove up anchor and got (9 o’clock a.m.) under weigh, and started on my northern cruise.

[Journal from Hakodadi for northern cruise.]

7th day of July, 1892.—Remarks: Fresh breeze from southward and westward.

8th day of July, 1892.—Remarks: Fresh breeze from westward. Sighted Cape Yesimo, bearing north 2 o’clock p.m. Took 4 seals.

9th day of July, 1892.—Remarks: Fresh breeze from southward and westward. Took 2 seals. P. D. R., lat. 42° 18′; lon. 144° 58′.

10th day of July, 1892.—Remarks: Fresh breeze from SW.; thick fog. P. D. R., lat. 42° 12′; lon. 147° 30′.

11th day of July, 1892.—Remarks: Wind SW.; fog. P. D. R., lat. 42° 30′; lon. 149°.

12th day of July, 1892.—Fresh breeze from southward and westward; thick fog; wind moderated in afternoon; rain. P. D. R., lat. 43° 15′; lon. 152° 2′.

13th day of July, 1892.—Remarks: Thick fog and heavy rain. Fresh breeze from southward and westward. P. D. R., lat. 44° 25′; lon. 154° 48′.

14th day of July, 1892.—Remarks: Light breeze from southward and westward. Thick fog and heavy rain. P. D. R., lat. 46° 26′; lon. 157° 33′.

15th day of July, 1892.—Remarks: Very light breeze from NW. Cloudy. P. D. R., lat. 47° 14′; lon. 159° 35′.

16th day of July, 1892.—Remarks: Light breeze from north and westward; fog. P. D. R., lat. 48° 5′; lon. 161° 40′.

17th day of July, 1892.—Remarks: Light breeze from northward and westward. P. D. R., lat. 49° 25′; lon. 163° 48′.

18th day of July, 1892.—Remarks: Light breeze from westward. Weather clear at intervals. P. by ob., lat. 51° 40′; lon. 166° 55′.

19th day of July, 1892.—Remarks: Fresh breeze from SW. Weather misty. Took lseal. P. D. R., lat. 52° 35′; lon. 166°.

20th day of July, 1892.—Remarks: Light southerly wind, foggy, and misty. Hove to all day.

[Page 272]

21st day of July, 1892.—Remarks: Hove to. Wind southward and westward. Foggy.

22dday of July, 1892.—Remarks: Weather clear. Wind southward and westward, light. Took 1 seal. P, by ob., lat. 53° 40′ N.; lon. 169° 30′ E.

23rd day of July, 1892.—Remarks: Strong breeze from SW. Weather foggy.

24th day of July, 1892.—Remarks: Strong breeze from SW. Thick fog.

25th day of July, 1892.—Remarks: Light southerly wind. Foggy.

26th day of July, 1892.—Remarks: Light breeze from southward. Thick fog.

27th day of July, 1892.—Remarks: Light breeze from NW. Weather clear. Took 17 seals. P. by ob., lat. 53° 38′; lon. 167° 10′.

28th day of July,1892.—Remarks: Light breeze from W. Took 36 seals. Weather fine and clear. Lat. 53° 30′ N.; long. 168°.

29th day of July, 1892.—Remarks: Fresh breeze from southward and westward. Clear. Took 6 seals. P. by ob., lat. 53° 30′, lon. 167°.

30th day of July, 1892.—Remarks: Strong breeze from southward and eastward. Hove to all day.

31st day of July, 1892.—Remarks: Moderate gale from southward and eastward. Hove to. Took 1 seal.

1st day of August, 1892.—Remarks: Strong breeze from southward and eastward. Weather foggy, and light rain.

2nd day of August, 1892.—Remarks: Fresh breeze from southward and eastward. Lat. 54° 30′; lon. 165° E.

3rd day of August, 1892.—Remarks: Light breeze from southward. Weather foggy. Took 7 seals.

4th day of August, 1892.—Remarks: Light breeze from eastward, with fog at intervals. Took 3 seals.

5th day of August, 1892.—Remarks: Wind hauled to the northward, very light breeze, light fog. Took.22 seals.

6th day of August, 1892.—Remarks: Calm through the day. Took 39 seals.

7th day of August, 1892.—Remarks: Light breeze from southward and westward; foggy at intervals. Took 22 seals.

8th day of August, 1892.—Remarks: Fresh breeze from westward. Took 4 seals.

9th day of August, 1892.—Remarks: Light breeze from southward and westward; weather misty. Took 1 seal.

10th day of August, 1892.—Remarks: Light breeze from southward and westward.

11th day of August, 1892.—Remarks: Weather misty; fresh breeze from southward and westward. Took 2 seals.

Schooner Kate and Anna was arrested in 54° 9′ N. lat. and 168° 21′ lon., though not in Russian waters exactly; but she has been sealing at the sealing grounds of Commodore Islands. The contraverse could not be witnessed by the log book, so the seals were confiscated; but the vessel was not taken and got free.

B. De Livrein,
Captain of H. I. M.′s Russian cruiser “Zabiaca.”

Harry, cabin boy, account current, February 27, 1891.

Dr. Cr.
Feb. 27, to advance $25.00 Wages, 7 months at 20 dollars $140.00.
Apr. 30 cash at Yamada 1.00 Less 5 days 3.66
July 5, “ Hakodadi 31.50 136.34
” 28, to one cap .25 3.50
Aug. 23, allow to cash 6.00 139.84
63.75 73.75
10.00 66.09
73.75

Received full payment for sealing voyage of schooner Kate and Anna in 1892.

Harry K. Handa.
[Page 273]

Schooner “Kate and Anna,” Dr. to seals.

Cr.
B. G. C.L. B. G.
May 26 1 1 March 4 By seal 4
May 30 34 6 40 March 31 3
May 31 101 4 105 June 1 1
146 June 3 1
June 1 36 3 39 623 from L. Pg. July 27 1
June 3 68 2 70 July 28 1
June 4 2 2 769 in May. August 5 1
June 5 4 4 74 in April. August 6 2
June 7 17 3 20
June 8 45 9 54 843 to 1st June.
June 9 48 8 56
June 10 26 3 29
June 12 9 1 10
June 13 12 12
June 16 26 5 31
June 17 1 1
June 18 29 7 36
June 20 12 1 13
June 21 1 1
June 22 1 1 12
June 23 13 4 17
June 24 1 1 2
409
1,252 by 24th June.

Schooner “Kate and Anna,” Dr. to seals.

April 20 46 6 52 May 4 By seal 4 B. and G. net.
April 21 3 3
April 23 8 3 11
April 24 5 5
April 26 3 3
74 seals in April.
May 3 2 2
May 4 79 4 83
May 5 14 3 17
May 6 52 2 54
May 7 3 1 4
May 9 1 1
May 10 1 1
May 12 1 1
May 14 33 2 35
May 15 30 4 34
May 16 40 4 44
May 17 31 31
May 18 5 5
May 19 61 5 66
May 20 87 4 91
May 21 30 1 31
May 22 2 2
May 23 67 4 71
May 25 48 2 50
623
July 8 3 1 4
July 9 2 2
July 19 2 2
July 27 17 17
July 28 36 36
July 29 6 6
July 31 1 1
August 3 7 7
August 4 2 1 3
August 5 20 2 22
August 6 38 1 39
August 7 22 22
August 8 4 4
August 9 1 1
August 11 2 2
August 12 3 1 4
172
August 14 3 3
August 18 5 5
August 19 1 1
August 20 1 1
August 30 1 1
[Page 274]

EXHIBIT F.

United States of America.

State of California, city and county of San Francisco, ss:

To all people whom these presents shall or may concern:

I, Harry J. Lask, a public notary in and for the State and city and county aforesaid, by letters patent, under the great seal of the said State, duly commissioned and sworn, dwelling in the city and county of San Francisco, send greeting:

Know ye that on the 18th day of October, in the year of our Lord one thousand eight hundred and ninety-two, before me, the said notary, at my office, in the city and county of San Francisco, personally appeared Charles Lutjen, master of the schooner Kate and Anna, belonging to the port of San Francisco (the said master having previously noted, in due form of law, his intention to protest), who, together with Daniel Clanssen, hunter and third mate, and Frank Morean hunter and second mate, belonging to the aforesaid vessel, being by me duly sworn on the holy evangelists of Almighty God, voluntarily and solemnly did declare and depose as follows, to wit:

That they, the said appearers, on the 1st day of March, A. D. 1892, set sail and departed in and with the said vessel from the port of San Francisco, having on board a hunting and fishing outfit, aud bound for the North Pacific Ocean, the said vessel being then stout, staunch, and strong, her cargo well and sufficiently stowed and secure, well masted, manned, tackled, victualled, appareled, and appointed, and in every respect fit for sea and the voyage she was about to undertake; that we proceeded on our voyage without disaster of any kind, and had been hunting seals until the 12th day of August, A. D., 1892, at which time we had on board 124 seal skins, which had all been taken in the North Pacific Ocean more than 30 miles south of the Copper and Bering islands, when on said 12th day of August, 1892, being then in said North Pacific Ocean, on the high seas, in latitude 54° 9′ north, longitude 168° 21′ east, by correct observation, we were ordered by the Russian cruiser Zabiaca to heave to, and the captain of our vessel was ordered to come on board of said cruiser, and to bring his papers with him.

I, the undersigned, captain of said Kate and Anna, then went aboard of the said cruiser; the captain of the Zabiaca told me that I could not prove by my log book that I had not got the sealskins in Russian waters, and he then took all my sealskins, 124 in number, confiscated them, and ordered me to stop sealing and go home.

I then protested against the seizure of the sealskins, and the captain of the cruiser then forced me to sign a paper in Russian, which I did not understand. I signed said paper under protest.

Captain Deleveron, of said Russian cruiser, signed a statement in my log book, of which the following is a copy:

“Schooner Kate and Anna was arrested in 54° 9′ north latitude and 168° 21′ east longitude, though not in Russian waters exactly, but she has been sealing at the sealing grounds of Commander Islands. The contraverse could not be witnessed by the log book, so the seals are confiscated; but the vessel was not taken, and got free.

B. de Liveron,
Captain of H. I. M. Russian Cruiser ‘Zabiaca.’

August 12, 1892.”

I then, with my vessel and crew, sailed for the port of San Francisco, in accordance with the orders of said captain of the said Zabiaca, fearing that should I remain fishing in said North Pacific Ocean I would be further molested by said cruiser, and arrived in said port of San Francisco on the 23d day of September, A. D. 1892.

And the said appearers further declare that as all the damage and injury which already has or may hereafter appear to have happened or accrued to the said vessel, her freight and cargo, has been occasioned solely by the circumstances hereinbefore stated, and can not, or ought not to, be attributed to any insufficiency of the said vessel, the neglect or default of him, this deponent, his officers or crew. He now requires me, the said notary, to make his protest and this public act thereof, that the same may serve and be of full force and value, as of right shall appertain. And thereupon the said master protested, and I, the said notary, at his special instance and request, did, as by these presents I now do, publicly and solemnly protest against winds, weather, and seas, and against all and every accident, matter, and thing had and met with as aforesaid, whereby, or by means whereof, the said vessel, her freight, or her cargo already has, or hereafter shall have, suffered or sustained loss, damage, or injury, and for all losses, costs, charges, expenses, damages, and injury [Page 275]which the said vessel, or the owner or owners of the said vessel, or the owners, freighters, or shippers of her said cargo, or any other person or persons interested or concerned in either, already have been or may hereafter be called upon to pay, sustain, incur, or be put unto by or on account of the premises, or for which the insurer or insurers of the said vessel, her freight, or her cargo, is or are respectively liable to pay or make contributions or average, according to custom, on their respective contracts or obligations, so that no part of any losses, damages, injuries, or expenses already incurred, or hereafter to be incurred, do fall on him, the said master, his officers or crew.

Thus done and protested in San Francisco, Cal., this 18th day of October, in the year of our Lord one thousand eight hundred and ninety-two.

In testimony whereof, as well as the said appearers, as I, the notary, have subscribed these presents, and I have also caused my seal of office to be hereunto affixed the day and year before written.

Charles Lutjens, Master.
Frank Morean, Second Mate and Hunter.
Daniel Clanssen, Third Mate and Hunter.

[seal.]
Harry J. Lask, Notary Public.

State of California,
City and County of San Francisco:

I, the undersigned notary public, hereby certify that the foregoing act of protest to be an accurate and faithful copy of the original on record in my book of official acts.

In testimonium veritatis:

[seal.]
Harry J. Lask, Notary Public.

EXHIBIT G.

The memorial of Claus Lutjens, commonly known and called by the name of Charles Lutjens, to the Department of State of the United States, respectfully shows:

That the said Claus Lutjens makes this claim and memorial in his own right and for his own benefit;

That the above-named Claus Lutjens is now, and was at the time when the claim hereinafter set forth had its origin, a duly naturalized citizen of the United States, and presents herewith a duly certified copy of his naturalization papers, and a duly qualified and registered voter in the city and county of San Francisco, State of California;

The said Claus Lutjens claims from the Russian Government the sum of $10,000, being the entire sum hereby claimed; the claimant believes that the sum so claimed would not reimburse him for the losses sustained by the wrongful act of the authorities of the Russian Government, hereinafter set forth; and that this claimant has received no money or other equivalent or indemnification from insurance or otherwise for the whole or any part of the loss or injury upon which this claim is founded.

That the said claim is based upon the following facts and circumstances, to wit:

The said Claus Lutjens, in the pursuit of his regular and legitimate business, was at all the times herein mentioned the owner of the American schooner Kate and Anna, which said schooner was enrolled and registered in the port of San Francisco, and said schooner was regularly cleared from said port for a fishing and hunting voyage in the North Pacific Ocean, or elsewhere, as the master might direct, having at the time on board said vessel a hunting and fishing outfit, consisting of rifles, shotguns, powder, and hunting and fishing gear, all of which will more fully and at large appear by the certified copies of the original enrollment or registry of said schooner and certified copies of the original clearance papers and outward manifest of said schooner, which are herewith filed, and that the reason why the originals of all of said papers were and are not filed is that all of said original papers were and are in the United States custom-house at San Francisco, Cal.

That said Claus Lutjens, owner of said American schooner Kate and Anna as above set forth, was then, and at all the times hereinafter mentioned, the duly acting and qualified master of said schooner, and is now and was at the time when the claim herein set forth had its origin a citizen of the United States of America and of the State of California; that the said schooner Kate and Anna on the 1st day of March, A. D. 1892, under command of the said master, and with a good and sufficient crew and a hunting and fishing outfit on board, as aforesaid, did set sail and depart from the said port of San Francisco, bound for the North Pacific Ocean, said vessel being [Page 276]at that time and at all the times hereinafter mentioned seaworthy and in all respects fit for the voyage which it took as herein mentioned; that the master and crew proceeded with said vessel on their voyage without disaster of any kind until the 12th day of August, A. D. 1892, and that prior to said day and in the open Pacific Ocean, more than 30 miles south of the Commander Islands, and not in Russian waters, had killed and taken 124 seals, worth in the open market $1,767, all of which were caught and killed on the voyage from San Francisco, and more than 30 miles south of the Commander Islands, and not in Russian waters; and that on said 12th day of August arrived at 54° 9′ north, longitude 168° 21′ east, by correct observation, and had not sealed in said place, nor at any place within 30 miles south of said Commander Islands or in Russian waters at all, and no boats being out at said time from said vessel, either for hunting or fishing, and no one from said vessel being either hunting or fishing, and said schooner then sailing in a southwesterly course.

Said latitude 54° 9′ north, longitude 168° 21′ east, by correct observation is more than 30 miles from Copper or Bering Islands on the high seas, and not in Russian waters; when, at said time, and in the latitude and longitude above mentioned, on the 12th day of August, A. D, 1892, as aforesaid, and not being at the time hunting or fishing, and not having at any time fished or hunted seals in Russian waters, but being at said time on a southwesterly course, as aforesaid, the Russian war cruiser Zabiaca was at all times herein mentioned a steamer regularly commissioned as a war cruiser, and belonging to the Russian Government, armed for offensive and defensive warfare, and acting under the authority and by the directions of the said Russian Government, steamed toward said schooner and fired a blank charge, which was an order for said schooner to heave-to. I accordingly heaved-to, and said cruiser steamed alongside said schooner, and I was ordered to come on board the cruiser with the schooner’s papers; I accordingly went on board with my papers, showed my log book and other papers to the captain of said cruiser, who then ordered me to send my sealskins to said cruiser, to stop sealing, and to go home. I then, under said orders, and being forced to do so by said cruiser, sent on board said cruiser 124 sealskins; and being then fearful of arrest and confiscation of my schooner by said cruiser, I stopped sealing and sailed for San Francisco, at which port I arrived on the 23d day of September, A. D. 1893.

While on board said cruiser Zabiaca the captain thereof wrote in my log book the following, to wit:

“Schooner Kate and Anna was arrested in 54° 9′ north latitude and 168° 21′ longitude, though not in Russian waters exactly, but she has been sealing at the sealing grounds of Commander Islands. The con traverse could not be witnessed by the log book, so the seals are confiscated, but the vessel was not taken, and got free.

B. de Livron,
Captain of H. S. M. Russian Cruiser ‘Zabiaca.’

August 12, 1892.”

My original log book, containing said writing by said Russian captain, is now in my possession, and will be produced by me in support hereof when required.

By said wrongful seizure by the Russian cruiser Zabiaca, as aforesaid, I have been damaged as follows, to wit: In the sum of $1,767, United States gold coin, by the seizure of the 124 seal skins above set forth, and in the sum of $8,233, United States gold coin, by the breaking up of my voyage from the threats and wrongful armed interference of said Russian war cruiser Zabiaca.

That I, as master of said schooner, Kate and Anna, duly protested at the time to the captain of said Russian war cruiser against the seizure of said seal skins, and against all the other acts herein complained of; that on the 18th day of October, A. D. 1892, I duly noted a protest against said seizure and said acts with Harry J. Lask, a notary public in and for the city and county of San Francisco, State of California; and on said day, before said notary public, I duly made a regular marine protest.

That the seizure of said seal skins and all of said acts by the said war cruiser, by the officers thereof, and by the Russian officials, were in violation of the law of nations and of the right of citizens of the United States, and in contravention to the treaties existing between the United States of America and Russia, and that this claim is founded upon the principles of international law and the rights which every nation and every person has upon the high seas, and upon the fact that all the above mentioned acts by the Russian Government and its officials were in violation thereof.

Wherefore I hereby request the interposition of the Government of the United States of America against the Russian Government for the presentation of this claim against said Russian Government.


Claus Lutjens.
[seal.]
[Page 277]

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

Claus Lutjens, being duly sworn, says: My true name is Claus Lutjens, although I am sometimes known and designated by the name of Charles Lutjens.

I am the person making and subscribing the above memorial to the Department of State.

I have read the foregoing memorial, and know the contents thereof; it is true of my own knowledge except as to those matters which are therein stated on information and belief, and as to those matters I believe it to be true.

Claus Lutjens.

Subscribed and sworn to by the said Claus Lutjens, known to me to be a credible witness, before me, this 28th day of January, A. D. 1893.

[seal.]
Harry J. Lask,
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, M. C. Haley, 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 Harry J. Lask, 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.


[seal.]
M. C. Haley, Clerk.

I, Eugene R. Garber, presiding judge of the superior court of the city and county of San Francisco, State of California, do hereby certify that said court is a court of record, having a clerk and seal. That M. C. Haley, who has signed the annexed attestation, is the duly elected and qualified county clerk of the city and county of San Francisco, and was, at the time of signing said attestation, ex officio clerk of said superior court. That said signature is his genuine handwriting, and that all his official acts, as such clerk, are entitled to full faith and credit.

And I further certify that said attestation is in due form of law.


Eugene R. Garber,
Presiding Judge of the said Superior Court.

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

I, M. C. Haley, county clerk of the city and county of San Francisco, and ex officio clerk of the superior court of the city and county of San Francisco, State of California, do hereby certify that the Hon. Eugene R. Garber, whose name is subscribed to the preceding certificate, is presiding judge of the superior court of the city and county of San Francisco, State of California, duly elected and qualified, and that the signature of said judge to said certificate is genuine.


[seal.]
M. C. Haley,
County Clerk and Clerk of Court.

EXHIBIT H.

(Copy.)

Your Excellency: I am instructed by my Government to present to the Imperial Government the claim of claus Lutjens, sometimes called Charles Lutjens, an American citizen, owner and master of the American schooner Kate and Anna.

[Page 278]

It appears that this vessel cleared from San Francisco March 1, 1892, bound for a hunting and fishing voyage to the North Pacific Ocean. That between the 1st day of March, 1894, and the 12th day of the same month, the captain and crew caught and killed, on the voyage and on the high seas, and not in Russian waters, 124 seals, worth $1,767, and that on the 12th of March, 1892, when in latitude 54° 9′ north, longitude 168° 21′ east, on a southwesterly course, more than 30 miles from Copper or Bering Islands, on the high seas and not engaged in fishing or hunting in Russian waters, this vessel was stopped by the Russian war cruiser Zabiaca. The captain was forced to go on board the cruiser, his seal skins were taken from him, and he was ordered to take his vessel back to San Francisco.

For this loss and interruption the claim of $10,000 is presented to the Imperial Government, and attention is called to a copy of the memorial of the claimant inclosed herewith.

Following the instructions of my Government, I have the the honor to request of your excellency that early attention be given to this matter.

I avail myself of this occasion to renew to your excellency the assurance of my most distinguished consideration.

Clifton R. Breckinridge.

To His Excellency M. de Giers,
Imperial Minister of Foreign Affairs, etc.

I certify that the document hereto annexed, namely, a note of the United States minister to Russia to the Russian minister for foreign affairs, dated St. Petersburg, November 9/21, 1894, is a true copy from the files of this embassy.

In witness whereof I, Herbert H. D. Peirce, chargé d’affaires of the United States, have hereto subscribed my name and affixed the seal of the embassy of the United States.


[seal.]
Herbert H. D. Peirce.

EXHIBIT I.

[Translation.]
No. 3498.]

Mr. Envoy: I did not fail to report to the competent quarter the contents of your note of November 9/21, 1894, relative to the affair of the confiscation by the Russian war cruiser Zabiaca in the month of August, 1892, of 124 seal skins on the American schooner Kate and Anna.

According to a communication which I have just received from the imperial ministry of marine the commander of the Zabiaca believed himself to be justified in making this confiscation, inasmuch as, having encountered the schooner at a distance of 30 miles to the south of the Commander Islands, it was shown that the log book had not been kept up for ten days, and that the chart of the voyage bore marks which indicated that during these ten days she had twice been in the channel between Bering and Medny islands.

He concluded that the seals had been killed in Russian waters, and, in confiscating the skins in question, finding no other supporting evidence, he released the schooner, but required of the captain an engagement, signed by him, not to kill seals in Russian waters. Mention was made of this engagement in the log book. According to the statement of the commander of the Zabiaca no claim was made at the time by the captain of the schooner.

In view of the above-stated facts and the good faith of the commander of the Zabiaca being beyond doubt, it is clear that indemnity to the captain of the schooner Kate and Anna could only be due for the 124 seal skins confiscated upon his proving that the seals in question were killed outside the limits of Russian waters.

As to the claim of $8,233 for loss sustained, owing to the measures taken by the commander of the Zabiaca, that can not be taken into consideration, inasmuch as the Kate and Anna was not prevented from continuing her hunting outside the prohibited waters.

Please to accept, Mr. Envoy, the assurance of my most distinguished consideration.

Chichkine.

Mr. Clifton Breckinridge, Envoy, etc.

[Page 279]

EXHIBIT J.

Identical with Exhibit T, Cape Horn Pigeon.

EXHIBIT K.

Identical with Exhibit V, Cape Horn Pigeon.

EXHIBIT L.

Chart of Bering Sea—Identical with Exhibit L, C. H. White.

EXHIBIT M.

Identical with Exhibit C C, Cape Horn Pigeon.

EXHIBIT N.

Identical with Exhibit E E, Cape Horn Pigeon.

EXHIBIT O.

Identical with Exhibit F F, Cape Horn Pigeon.

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.

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.


Wm. A. Deane, Clerk.

[Seal of the superior court.]

(10-cent stamp.)

11/23/1900.

W. A. D.

[Page 281]

EXHIBIT Q.

[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 19th day of November, 1900, before me, William T. Hess, a notary public in and for said city and county of San Francisco, State of California, duly commissioned and authorized by law to administer oaths in said city, county, and State, and not interested in anywise in said claim, and not being the agent or attorney of any person interested in said claim, personally appeared George E. Dodge, personally known to me to be a credible witness, who, being first duly sworn, deposes and says:

My age is 38 years; I was born at San Francisco, Cal. My residence is now, and was at the time the events took place in regard to which I am testifying and deposing, at San Francisco, Cal. My occupation is now butcher; my occupation at the time the events took place in regard to which I am testifying and deposing was butcher; but I was then, and prior thereto, and subsequently thereafter, managing owner and part owner of sealing vessels and otherwise interested in the sealing business. I am not interested directly or indirectly in the said claim, nor have I any contingent interest in the same. I am not the agent or attorney of the claimant making the above claim nor of any person whatever interested therein. I will not be entitled to receive any part of any sum which may be awarded under said claim to said claimant. I have been engaged in the sealing business as aforesaid since 1884, and am now interested in said business, and during that time I have been managing owner and part owner of the following-named vessels engaged in the sealing business, viz, City of San Diego, Vanderbilt, C. G. Wilson, Ellen, Bowhead, and Active. I know the probable number of seals which a well-equipped sealing vessel would have captured in 1892. I know the schooner Kate and Anna well, and knew said schooner in 1892. I knew Charles Lutgens was in every way well acquainted with the sealing business and fully competent for the purpose, and that the Kate and Anna was well equipped for the sealing business, and that the crew and hunters were skilled in said sealing business; and I know that during the years from 1890 to 1896, while the said Charles Lutgens was acting as master of said schooner Kate and Anna, the said vessel under his management captured fully as many seals in proportion to its size and equipment as any other vessel clearing from the port of San Francisco. I know that in the season of 1892 seals were plentiful from August 12, 1892, to the end of the season of 1892, and I know that during that season seal skins were worth in London as high as $14 each. I firmly believe and do depose and say that during the remainder of the sealing season of 1892, after August 12, 1892, the Kate and Anna would be reasonably expected to capture and catch at least 625 seals, and that the value of the seal skins so caught would have been $8,750; and I place the probable catch of seals by the Kate and Anna for the remainder of the season of 1892, after August 12, 1892, at 625, and the probable value thereof at $8,750.

Geo. E. Dodge.

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.


[Seal of the superior court.]
Wm. A. Deane, Clerk.

[10-cent stamp.]

11/23/1900.

W. A. D.