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Wednesday January 23, 2008 |
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Illegal Fishing in Fair Isle waters, 1908
A
description of Court proceedings, as reported in the Shetland News on
the 20th June, 1908. The
master in this case was one of the first to be prosecuted for covering the
registration numbers on his trawler.
By 1908 the Fair Isle men, after constantly reporting trawlers fishing
illegally for some two years, had got themselves something of reputation
with Fair Isle waters no longer a safe bet for illegal fishing.
Wednesdays
Proceedings AN
INTERESTING CASE - IDENTIFICATION BY A SAIL The
Court resumed again on Wednesday at 11 o'clock.
Sheriff Brown on the bench. Alexander
Dowine, 78 Walker Road, Aberdeen, was charged with having on 14th February last,
in a part of the sea 1 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. E. from Buccanness. George
Mclenna, 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 trawlers mizzen
sail. Captain
Wright, of the Freya, stated that the bearings given by the Fair Isle witnesses
put the trawler 1
miles S.E by S.
S. from the island. This
concluded the evidence for the charge of concealment of the number. A
charge of trawling 1 miles off the east side of Fair Isle was then made
against Downie. The
above witnesses gave evidence in this case, and also William Stout, jr., and J.
W. Anderson. 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. A
charge of failing to exhibit proper sailing lights was also to have been made
against Downie, but the Fiscal decided to drop this charge. |
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