308 ORAL ARGUMENT OF HON. EDWARD J. PHELPS. 



shown in the argument. I have not particularly addressed myself to 

 that question. 1 have dealt only with the tact that they were taken in 

 the Sea, and when they were taken, and what their condition was, and 

 what proportion of them were in that condition, and pointed out how 

 the JJritish evidence concurs with that of the American in its great 

 weight. 



In the Appendix to the United States Case, Volume 2, we have from 

 a number of sealers a statement of the distances. 



On page 400 Adair speaks of the distance — the distance I mean 

 within which they took the seals— as being from 30 to 150 miles. 



Then Bendt on page 404 gives the distance as I'rom 10 to 150 miles. 



The President. — Is this from the islands. 



Mr. Phelps. — From the islands. On page 405 Benson gives the dis- 

 tance as 05 miles. 



On page 315 Bonde says 10 to 100 miles off St. George Island. 



On page 413 Collins says a distance of 100 miles or more. 



On page 328 Jacobson says, a distance of 200 miles. 



On page 448 Kean says a distance over 150 miles. 



On page 435 Laysing a witness who is also examined on the British 

 side says from 50 to 150 miles. 



On page 4()4 Maroney says, a distance of 40 to 200 miles. 



These are all the witnesses I believe — it is intended to be all the wit- 

 nesses — who give precise distances. 



Captain Shepard of the United States Pevenue Marine made 18 seiz- 

 ures of sealing vessels, and states that the skins were two-thirds to 

 three-fourths those of females. He says that of the females taken at 

 Behring Sea nearly all are in milk; and he has seen the milk on the 

 decksof sealing vessels that were more tliau 100 miles from the Pribilof 

 Islands. And these seizures were not confined to any particular sum- 

 mer. They range along from July 30tli to August 15. 



If you will have the kindness to turn to map Ko. 5 in the portfolio of 

 maps annexed to the United States case, you will see how it is marked. 



The President. — The seizures niai). 



Mr. Phelps. — Yes it is map No. 5 called "seizures". On that map 

 are laid down the places where the vessels there named engaged in seal- 

 ing were seized, by Captain Slie])ard of the Revenue Marine, whose 

 testimony is given, and upon whose log and upon whose testimony this 

 Chart is compiled. 



Mr. Justice Harlan. — What do those dates on the right below the 

 line mean"? Is that the date of seizure? 



Mr. Phelps. — Tlie date of seizure; and it will be found that those 

 dates cover from June 30th to August 18th— they are all within that 

 period. The map speaks for itself The great majority, as the scale of 

 the map will show, of these seizures were 60 miles or more than 00 

 miles, and a considerable number of them a great deal more than 00 

 miles, clear down to the passes through the Aleutian chain. ISIot a 

 word can be added to that map as showing where sealers a'.e found. 



Now of the vessels so seized, we have plotted the logs of four — all 

 that we have — showing where they had been. This map shows where 

 they had been seized. Where had they been sealing? If you will take 

 the first volume of the United States Appendix, and open it at page 

 525 (and in three subsequent pages 531, 543, and 574), you will find 

 plotted the courses taken by four of these vessels that were then seized. 

 The first one is the "Ellen", page 525. She entered Behring Sea on 



