ORAL ARGUMENT OF SIR RICHARD WEBSTER, Q. C. M. P. 101 



from sucking; and probably meinbers of tbe Tribmial will know if tbey 

 bave studied natural bistory tbat many animals go on sucking for a 

 long time after it is unnecessary. It is not unknown witli Ibur-footed 

 animals, and I believe also, not unknown witb otbers — it is known witb 

 regard to descendants of tbe liuman race. It is a fact. It is a fact, 

 and you sbould by no means draw tbe conclusion tbat pups cannot 

 sui)port tbemselves, because wben killed tbey bave milk in tbem. 



A striking instance of tbat was given by my learned friend Mr. Cou- 

 dert. He said tbe i)ups billed in October or November bad milk in 

 tliem, and suggested tbat this proved tbat tbey were not able to sup- 

 port tbemselves because tbey bad milk in tbem, but tbat is at a time 

 wben, according to all accounts, tbey would be able to support tbem- 

 selves, because tbey were witbin a day or two of taking to tbe water 

 for tbeir winter voyage. I submit tbat tbere is no doul)t that as long 

 as tbere are female seals on tbe land witb milk, some of tbese pups will 

 suck tbeir motbers wben tbey get the opportunity. I only mention 

 tbat to sbow bow very uncertain is tbe evidence upon wbicb you would 

 form a conclusion as to wben tbe pup can support itself is, I tbink, 

 after 4 or 5 or 6 weeks or two montbs tbe piri^s do feed in tbe sea partly 

 upon sea animals of tbe small kind and partly u])ou tbe algw or sea- 

 weed, and are not absolutely dependent on tbe motber but can support 

 tbemselves very soon after four or five weeks. 



I tbink it must be so for anotber reason, wbicb I will expand later 

 on. Sbortly after tbe Gtb of July, large numbers of pups were found 

 in otber parts of tbe island ; and it is doubtful if tbeir motbers find them 

 again. I do not mention tbat for tbe sake of saying tbat tbe motber 

 has not a natural instinct to come back to tbe pup; but it will be found 

 to have some bearing upon tbe question whether tbe pu]) is absolutely 

 dependent on tbe motber after a certain date. 



Then, in this connection of food, I shall call attention to tbe very 

 remarkable evidence wbicb up, to the time of this case, has never been 

 disputed. It is not a very savoury subject, but it is one wbicb bas to 

 be examined with some little care; I mean, tbe absence of all excreta 

 or dejecta from these animals upon tbe Islands. 



1 mention tbat, because it is a most remarkable tbing, wben we come 

 to the United States Case, tbey think nothing of throwing overboard 

 tbe unanimous testimony and consent of everyl3ody else who has exam- 

 ined tbe question previously saying that an affidavit made for tbe pur- 

 X)ose of this case is to be preferred to tbe knowledge of other people who 

 have independently examined this matter without tlie slightest motive 

 for saying that which is untrue or to exaggerate it. I shall bave to 

 call attention to that in connexion witb an incident to which I shall 

 refer. Then, following out this line of argument I shall call attention 

 to the fact tbat upon the evidence tbere is abundance of food near the 

 islands, and further to a very remarkable solution which is endeav- 

 oured to be given by one of the United States witnesses with regard to 

 why the females do not take the food near the islands which he admits 

 to be there in large (|uantities. That is that some males are so busy 

 catching the fish tbat the female seal knowing that tbere are plenty 

 catching these fish she goes to a place which is more distant to catch 

 other fish, because she will be less disturbed than where the males are 

 near tbe islands. It is a remarkable suggestion and does great credit 

 to the gentleman who thought it out. I will read that affidavit in 

 connection with a part of the case to wbicb I have referred namely, the 

 proof that there is abundance of food near tbe islands, and then I shall 

 endeavour to make good tbe statement made by the Attorney General 



1 



that there is substantial evidence leadbig us to tbe belief that tbe 



