EXHIBIT G.
(2.)
State of California, City and County of San Francisco, ss:
Lawrence Magnus Furman, being duly sworn, deposes and says as follows, to wit:
My full name is Lawrence Magnus Furman; I am 37 years of age; I was born in the city of Guttenburg, Sweden; I am now a resident, and at all the times when the events took place in regard to which I make this affidavit I was a resident of the city and county of San Francisco, State of California; I am now and at all the times when the events took place in regard to which I make this affidavit, I was by occupation a master mariner; I have an interest in the claim of the Eagle Fishing Company against the Russian Government, to support which claim I make this affidavit, that interest is as follows: I own one share of the capital stock of the Eagle Fishing Company, and am director thereof; I have no contingent interest in said claim other than should said Eagle Fishing Company recover damages I will receive a dividend of the amount recovered as owner of said share of stock. There are 1,500 shares of the stock of said corporation now in force. I am not the agent or attorney for the said claimant or for any person having an interest in said claim. I am a duly naturalized citizen of the United States of America, but I can not now produce a certified copy of the record of my said naturalization, but will hereafter produce the same if necessary.
I was on the 7th day of May, A. D. 1892, the duly acting and qualified master of the American schooner C. H. White, belonging to said Eagle Fishing Company, which said vessel on said day duly cleared from said port of San Francisco for a hunting and fishing voyage in the North Pacific Ocean, having at the time all necessary and requisite legal papers on board, as will more fully and at large appear by the memorial and papers on file herein; on said day I was master, as aforesaid, did in and with said schooner set sail and depart from the said port of San Francisco, bound for the North Pacific Ocean, said vessel being 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; I proceeded with said vessel and crew on my voyage without disaster of any kind, until the 15th day of July, A. D. 1892, and prior to said day and in the open Pacific Ocean, more than 30 miles south of the Aleutian Islands and not in Russian waters, had caught 8 barrels of mackerel and 1 ton of codfish and had killed 20 seals, all of which were caught and killed on the voyage from San Francisco and more than 30 miles south of the Aleutian Islands and not in Russian waters; I with said vessel and crew on or about the 12th day of July, A. D. 1892, being then fishing about 40 miles south of Agattou Island, one of the Aleutian Islands, set sail for the Kurile Islands off the coast of Japan, intending to fish there, and knowing that my chronometer was out, wanted to sight land to correct my chronometer, and accordingly deviated toward the Copper and Bering islands for the purpose of sighting them or one of them and correcting my chronometer, as aforesaid, and on the 15th day of July arrived at latitude 54° 16’ north, longitude 167° 18’ east, by correct observation, and had not fished or sealed in said place nor at any place within 50 miles thereof, or in Russian waters at all, and the wind being light, but the vessel sailing on its course as aforesaid, and no boats being out from said vessel, either for hunting or fishing, and no one from said vessel being either hunting or fishing.
Said latitude 54° 18’ north, longitude 167° 19’ east, is, by correct observation, measured by me on the United States Coast Survey Chart, No. 900, more than 80 [Page 233] 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 15th day of July, 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 my course for the Kurile Islands, as aforesaid, the said schooner was boarded by an officer from the Russian war cruiser Zabiaca, which said war cruiser Zabiaca was at all times herein mentioned a regularly commissioned war cruiser, belonging to the Russian Government, armed for offensive and defensive warefare, and acting under the authority and by the directions of the said Russian Government, and I was by said Russian officer ordered to come on board of said cruiser with all the schooner’s papers; I accordingly went on board, and the captain of said cruiser, after examining the schooner’s papers, arrested me, and then all of the crew of the said schooner, except the mate, were brought on board of said schooner as prisoners. The said Russian cruiser then and there seized said schooner, C. H. White, and towed it to Mcholovsky Bay, Bering Island, and then placed said schooner under a prize crew and sent it to Petropaulovsky, and the cruiser with me and the crew of said schooner as prisoners, sailed to Petropaulovsky and arrived there on the 20th day of July, A. D. 1892; and while on board of said cruiser, I was by the captain of said cruiser forced to sign a paper in Russian, which I did not understand, the said captain threatening to send me to Siberia unless I signed said paper, and I only signed said paper under a protest in consequence of said threat and the duress exercised by said captain of said cruiser.
The Russian Government seized said schooner C. H. White, as herein set forth, but I do not know what disposition was made of said schooner, but I am advised and believe, and therefore allege, that said schooner was repainted and refitted and used by said Russian Government, and is now in its possession and by it used.
I, as master of said schooner C. H. White, duly protested at the time to the captain of the said war cruiser against the seizure of said vessel and against all his other acts herein testified in regard to; and on the 5th day of August, 1898, I, as master, duly noted a protest against said seizure and said acts with the governor of Petropaulovsky; and I, as said master, on the 31st day of August, 1892, duly made a regular marine protest against said seizure to James G. Swan, a notary public in and for Port Townsend, State of Washington, United States of America, immediately upon my arrival at said city, and said city being the first place in the United States at which I arrived.
Notary Public in and for the City and County of San Francisco, State of California.