ORAL ARGfUMENT OF HON. EDWARD J. PHELPS. 71 



dian sealiug vessels who swore to having seen seals in varions parts of 

 the sea outside of the migration routes, and at various times. 



That none of this evidence attempted to discriminate between the 

 island or fur seals and the hair seals which were proved to frequent 

 these waters, and which at a little distance could not be discriminated 

 from the fur seals. 



That these witnesses were swearing ex parte in defence of their own 

 craft; were a class of men whose credit was not to be depended upon, 

 and were brought forward not in the principal but in the counter case, 

 so that the United States had no opportunity whatever to reply to their 

 evidence by testimony. 



That they divided into two classes : those who undertook in their 

 aflidavits to state the locations in which they saw the seals referred to, 

 and those who give no locations wliatever but speak of seeing them all 

 over the sea. That those who give locations turn out in every instance 

 to have seen the seals where they should have been, in their proper 

 migratory route as shown on the map. That of these who give no loca- 

 tion, not one testifies that he ever killed a seal in the outside waters he 

 refers to, though engaged in the business of sealing and with the proper 

 outfits. 



That this class of witnesses are completely contradicted by many wit- 

 nesses on both sides of unquestionable character, who made careful 

 observations in crossing these waters at the instance of the British Com- 

 missioners or of those of the United States. That these witnesses 

 include all the captains of the British .steamship line running between 

 Vancoover and Japan. They include also the officers of seven vessels 

 of the United States Navy who thoroughly cruised the waters in ques- 

 tion and made charts of their observations which we i)roduced. These 

 charts show the extent of the cruises and the exact number of seals 

 seen and the localities. That the cruises of the British Commissioners 

 themselves as well as those of the American Commissioners are to the 

 same effect. That none of these various witnesses saw any seals out- 

 side of the regular navigation route upon any of these careful and often 

 repeated examinations. 



That the alleged intermingling is demonstrated to be untrue by the 

 great difterence that has always existed between the species from the 

 Commander Islands and those from the Pribyloif Islands. A dilierence 

 described by many dealers and master sealers examined as witnesses, 

 and not denied by any witness, and which is still further shown by 

 the great difference in the price in the Loudon market between the Com- 

 mander Islands and the Pribylofif Islands species which was from 20 to 

 30 i)er cent in favour of the latter. A difference which could never exist 

 if the seals from the two islands intermingled in tlieir reproduction. 

 That the attempt on the British side to break the force of the evidence of 

 the furriers by re examining some of them entirely failed. 



Of the six leading furriers in London, through whose hands pass all 

 these skins, and who were examined on the part of the United States 

 and testified to the facts above stated, but three have been re-examined 

 on the ])art of Great Britain, though they are British subjects, quite 

 accessible in London. To six other furriers who testify on the British 

 side no question is put on this subject, though they must of course 

 have full knowledge in regard to it. 



One of the British witnesses of the largest experience says that the 

 new skins are readily distinguishable, but that the iDrocess of dyeing 

 and dressing causes the difference to disappear to a considerable 

 extent. Four others testify that there are some skins in each catch 

 that are indistinguishable after they are dressed and dyed. 



