ORAL ARGUMENT OF SIR CHARLES RUSSELL, Q. C. M. P. 23 



Island, show that at that date there were nearly, if not quite, as many of them on 

 this rookery as there were ten days later. 



At the time I first noticed tlie dead i»nps I counted over 4,000, but they lay so closely 

 together that it was impossible to Judge what proportion of the whole number was 

 seen. I was told by the Treasury Agents on the island, and have no reason lor dis- 

 lielieviug their statements, that when this rookery was carefully examined late in 

 1891 as many or more dead pups were found among the rocks or other parts of the 

 rookery as were on the open space, and seen and specially remarked upon by the 

 British Commissioners in 1891. This being so, it is reasonable to assume that such 

 would be the case again this year. The dead pups noticed by me were on the same 

 ground on which those seen last year were lying, but were scattered over a larger 

 area, and in much greater numbers. 



I accompanied the British Commissioners when they inspected Tolstoi rookery in 

 1891, and the date of my visit to that rookery this year coincided with tbeir visit to 

 it last year. Depending upon my memory alone, I had no hesitation in deciding that 

 there was a greater number of dead pups at that place in August this year than at 

 the same date in 1891, and a comparison since my return from the islands of thepho- 

 tograjdis taken during the two seasons proves that this is undoubtedly the case. 



The pups when I first saw them appeared to have been dead not more tban two 

 weeks, and nearly all seemed to have died about the same time. Very few were 

 noted that were in a more advanced state of decomposition than those about them, 

 ami the dozen or so that were seen were probably pups that had died at an earlier 

 date, and from some other cause than that to which this unusual mortality among 

 the young seal, is to be attributed. 



The photographs taken on the 8th August show that at that time there were 

 several groups of seals hauled out on ground on which the dead pups lay, but on 

 the 19th August it was almost entirely deserted by the older seals. This rookery 

 was revisited on the 21st August, and at this time an estimate was again made of 

 the number of dead pups. A large band of holhischickie on their way from the 

 water to the hanling-gruund at the back of Tolstoi rookery had stopped to rest on 

 the ground on which the pups were lying and hid a part of them, so that on this 

 occasion a few less than 3,800 were counted. On the 23rd August I again visited 

 Tolstoi rookery in company with Assistant Treasury Agent Aiusworth, Mr. Maynaid, 

 the photographer, and Anton Melavedotf. who is the most intelligent native on St. 

 Paul Island, and has charge of all the boats and store-houses belonging to the Com- 

 pany. This native acted as boat-st<-erer at the time the British Commissioners 

 visited Tolstoi rookery in 1891, and that I might learn his o])luion regarding the 

 relative number of dead pu])s for the two years 1891-92, I asked him to accompany 

 me on the occasion referred to above. When asked whether there were as many 

 seals in 1892 as in 1891, he replied: "More; more than I ever saw before." I, at the 

 tiuie, asked Mr. Maynard to pay particular attention to what was said, and he has 

 since made an affidavit to the above eti'ect, which is appended to this Kei)ort. 



Sir Charles Russell. — Let that be realised, and see wliat the force 

 of that is in 1892, when pehigic sealino^ was prohibited, when there was 

 no pelajjic sealing; and, in corroboration of the fact that tliere was very- 

 close vigilance, will you refer to the bottom of page 147 where Mr. 

 Macoun goes on to state this. 



Whites and natives on the island were unanimous in saying that the mother of 

 the ]iups found dead on the rookeries had been killed at sea, and that their young 

 had then starved. 



That is a strong opinicn against us they say that the mothers had 

 been killed at sea and thereupon the pujjs starved; but what is the 

 answer? Mr. Macoun goes on to say. 



During the months of July, August, and September I had frequent opportunities 

 of conversing with the officers of nearly all the ships stationed in Behriug Sea, both 

 those of the United States and of Great Britain. 



You understand that ships of both nations, Sir, were policing the sea 

 at that time. 



And all agreed that it was not possible for a schooner to have been in and out of 

 Behriug Sea in 1892 without being captured (see statement in Appendix (C.) of 

 Captain Parr, the Senior British Naval Officer stationed at Behriug Sea). 



Then Mr. Macoun proceeds. 



The cruises of the various ships were carefully arranged by Captains Parr and 

 Evans, and so planned that no part of Behriug Sea to which sealing-vcssels were 

 likely to go was left unprotected. Her Majesty's Ships "Melpomene" and "Daphne", 



