238 ORAL ARGUMENT OF HON. EDWARD J. PHELPS. 



mony, of wlii(;1i there is a great deal more. Now is there any testimony 

 to the contrary? Is there any witness brought here to say: "I knew 

 those ishmds ])rior to 1891; in all those years there were no dead pups 

 there"? Not a witness! What brought my friends into the error of 

 saying, as they have said in the course of the argument, that this first 

 appearance of starved pups was in the year 1891? 



Then they say, the mortality in 1891 Avas confined to St. Paul Island, 

 and to two of the rookeries on that island, namely Tolstoi {-.nd Pola- 

 vina. That when you come to 1891 instead of its being diffused all 

 .over those islands, as the mothers from both were equally killed, it 

 is confined to two rookeries on one island. That again would be 

 extremely important, if it were true. The difficulty of that proposition 

 is that it is not supported by evidence and is overthrown by evidence. 



I will allude, as briefly as I possibly can, to a few witnesses on that 

 ■ point. Mr. Stanley Brown testifies in the United States Appendix, 

 Yolume II, page 19 : 



From a careful examination of everii roolcery upon the two islands made by me iu 

 August and September (1891) I place the minimum estimate of the dead pups to be 

 15,000, and that some number between that and 30,000 would represent more nearly 

 a true statement of the facts. 



Lieutenant Cantwell, of the United States Eevenue Marine, at page 

 408 of the same book, says : 



During the month of September of that year (1891) in company with Mr. J. Stanley 

 Brown, I visited the Starry Arteel and Eastern rookeries on St. George Islan^ 



— that is the island where they say the mortality did not reach- 



and saw more than the average number of dead pups, and a great many dying pups, 

 evidently in very poor condition. 



Captain Coulson of the Eevenue Marine, on duty there, at page 415 

 of the same book, says: 



No mention was ever made of any unusual dead pups upon the rookeries having 

 been noticed at any time prior to'^my visit in 1870, but when I again visited the 

 islands iu 1890, I found it a subject of much solicitude by those interested in the per- 

 petuation (of the seals), and in 1891 it had assumed such proportions as to cause 

 serious alarm. The natives making the drives lirst discovered this troubh^, then 

 special agents took note, and later on I think almost every one who was allowed to 

 visit the rookeries could not close their eyes or nostrils to the great number of dead 

 pups to be seen on all sides. 



Now thisi is the particular point: 



In company with special Agent Murray, Captain Hooper, and engineer Brerton of 

 the Corwin, I visited the Reef and Garbo'tch rookeries, St. Paul Islands, in August 1891, 



Lord Hannen. — On St. Paul Islands? 



Mr. Phelps.— Yes. 



Lord Hannen. — I thought the object of yoar observation was to 

 show that i)ups were also dead on St. George's Island. 



Mr. Phelps. — Yes, but it was said on that Island it was confined to 

 two rookeries, and this witness testifies to visiting other rookeries on 

 that island — to visiting the Eeef and the Garbotch rookeries which are 

 different. 



Mr. Carter. — Tolstoi and Polavina are said to be the ones. 



Mr. Phelps. — Their proposition is that this is confined to Tolstoi 

 and Polavina. This witness whilst on the same island visited 2 other 

 rookeries. He continues thus : 



and saw one of the most pitiable sights that I have ever witnessed.. Thousands of 

 dead and dying i)ups wore scattered over the rookeries while the shores were liued 

 with hungry, emaciated little fellows with their eyes turned towards the sea utter- 

 ing plaintive cries for their mothers which were destined never to return. 



