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



The President. — Before you proceed, Sir Ricliard, we sliould like 

 to have a few words together. 



The Tribunal then proceeded to consult for a short time. 



Sir KiCHARD Wetister. — I have had an intimation, Mr. President 

 from my learned friend, Mr. Phelps, who is always courteous in these 

 matters, that may save the Tribunal further trouble with reference to 

 their consultation. 



He does not propose to make any suggestion against Mr. Elliott other 

 than can be gathered from the fiice of the Report itself in the way of 

 criticism, and I do not wish to introduce any extraneous matter with 

 a view of either commenting upon or raising any comment upon Mr. 

 Elliott personally, it being open both to my learned friend, Mr. Phelps 

 and myself to criticize the Report itself. Therefore it is not necessaiy 

 for me, as there is nothing before the Tribunal, to bring forward any 

 independent testimony with regard to it. 



The President. — The Report having been admitted, it is better to 

 proceed on that alone. 



Sir Richard Webster. — It is very satisfactory to me, because my 

 learned friends have, whatever the objection may have been, met us in 

 a way that is fair, when it was necessary to dismiss or get rid of mat- 

 ters for the purpose of shortening the proceedings. The Tribunal will, 

 of course, see why I was anxious that they should have sufficient infor- 

 mation to enable them to judge of the merits of the Report, and I am 

 willing to take it upon the Report itself. Therefore I pass from that. 

 The Report, as you will see, bears on its face matter which may be 

 criticized and also evidence both of great accuracy and obvious verac- 

 ity, as we shall submit. I am very glad indeed that the occurrence of 

 the incident will enable me to shorten the time of my argument by not 

 having to refer to certain documents which have been put into my 

 hands. 



Now, Mr. President, Lord Hannen was good enough to put a question 

 to me, and I apologize for not having the answer ready at the moment, 

 as to whether there was any evidence of the emaciation of females. 



Lord Hannen. — Well, it was rather the other side of it. My ques- 

 tion was whether there was any evidence of their having a store of fat 

 like that of the males. 



Sir Richard Webster. — Well, my Lord, I will not apologize to this 

 Tribunal for not being able to answer any question at the moment it is 

 asked. It is difficult to carry all the facts in one's memory, but my 

 learned friend, Mr. Robinson, has been good enough to remind me of a 

 passage which we should read in another connexion which will be found 

 at page 214 of the British Counter Case from a book of undoubted 

 authority by Professor Allen. I will look at the rest of the book 

 to-night to see if there is any other authority on the matter, but this 

 appears to me bear directly upon Lord Hannen's question. 



The habit of prolonged abstinence at the breeding season is well known to be nor- 

 mal among the rinnipedia as a whole; and notwithstanding the number of years over 

 which the habits of seals have been observed, there is no record of food being found 

 in the stomachs of females when killed upon the islands, or any facts that justify the 

 statement that nursing females leave the islands on feeding excursions. 



Writing particularly of the eared-seals (or fur-seals and sea-lions). Professor Allen 

 Bays : 



One of the most striking features in their history is that at this period [that of 

 reproduction], both sexea pass weeks, and even months, without food, or without 

 oiten visiting the water. Arriving at the breeding-grounds exceedingly fat and 

 un wieldly, they seem to be sustained by the fat of their bodies, they finally leave at 

 the end of the breeding season greatly emaciated. 



A similar fact has been long known in respect to the walrus, whose period of 

 fasting, however, seems to be shorter than that of the eared-seals. 



