The Court resumed again on Wednesday at 11 o'clock. Sheriff Broun on the bench.

Alexander Dowine, 78 Walker Road, Aberdeen, was charged with having on 14th February last, in a part of the sea 1¼ miles off low water mark, south-easterly from the east side of Fair Isle, while master of the Ben Edra, A.17, covered or concealed the name, letters, and numbers of the said vessel, contrary to the regulation of the registry, lettering, and numbering of British sea-fishing vessels, whereby he rendered himself liable to a fine of £20.

Accused failed to appear, and evidence was led in his absence.

The first witness called was James Rundale, 17 Holborn Place, Aberdeen, who stated that he was a hand on board the trawler Ben Edra, A.17. He joined her on 12th February. Alexander Dowine was master of the trawler then. They sailed from Aberdeen on the 13th February, and steamed 100 miles N.E. ½ E. from Buccanness.

George Mclennan, police constable, Aberdeen, stated that on 3rd March he was instructed to enquire into an alleged case of illegal trawling at Fair Isle and concealment of numbers. Witness got a sketch of the mizzen sail of the trawler. On Sunday, Feby. 13, he kept a lookout for trawlers of the Ben line, because from the information which he had he knew that it was one of that vessels. The distinctive mark of the Ben line was two red bands on the funnel. On the 15th March witness detected at Aberdeen Fish Mart what he took to be the sail which answered to the sketch which he had got. He charged Alexander Downie, the master of the Ben Edra, A.17, with fishing at Fair Isle on the 14th February. Downie admitted that he was master of that trawler then. The Ben Edra had a red hull with green topsides. (Sketch of trawler produced). On the 5th of April witness had a warrant and went on board the trawler and took possession of the sail, and afterwards saw it put on board the Shetland steamer.

The Court then proceeded down to the courtyard where the sail was inspected by the Sheriff.

James Russell, Fish Mart porter, 12 George Street, Aberdeen, stated that he watched the Ben line on Sundays. On Sunday, 5th April, witness assisted Constable Maclennan to remove the mizzen sail from the Ben Edra. That was the same sail which he had seen to day.

Jerome Eunson, Leog, stated that on the afternoon of the 14th of February, he saw a trawler steaming in towards the land. He went home and told his father, Stewart Eunson. Witness then went to Brakes of Busta. He looked at the trawler through a glass and saw that her numbers were covered. He then tried to identify the trawler by other means. Her funnel was black with two red bands, and the hull was painted red with green topsides. She carried a mizzen sail, and witness made a sketch of it from the port and starboard sides. (Sketch produced). That is the sketch I made.

The witness then proceeded out to the courtyard and saw the sail. When he returned to the Court he stated that that was the same sail as the trawler carried on 14th February, and which he took a sketch of. Witness then spoke to the taking of the bearings from the north and from the south.

Evidence was also given by Robert Stout, Busta, Stewart Eunson, Taft, Jerome Stout, postmaster, William Stout, William Stewart Eunson, Busta, Andrew Eunson, Busta. Several of these witnesses had made sketches of the trawler’s mizzen sail.

Captain Wright, of the Freya, stated that the bearings given by the Fair Isle witnesses put the trawler 1¼ miles S.E by S. ½ S. from the island.

This concluded the evidence for the charge of concealment of the number.

A charge of trawling 1¼ miles off the east side of Fair Isle was then made against Downie.

Mr Galloway then addressed the Court, after which Sheriff Broun said he found both charges proven. For concealment of numbers the fine would be £20 to be recovered by poinding, and for a illegal trawling the fine would-be the full penalty, viz., £100 or 60 days imprisonment.