ORAL ARGUMENT OF SIR RICHARD WEBSTER, Q. C. M. P 153 



States statement to be tlie largest of tlie rookeries — can anybody sug- 

 gest any reason why, if it was pelagic sealing, those pnps should have 

 died on those two rookeries alone and in those two places'? 



Senator Morgan. — You mean the abnormal death. 



Sir KiCHARD Webster. — Of course, I do not deal with the normal 

 death. 



Senator Morgan. — Not with the normal death at all. 



Sir EiCHARD Webster. — I will point out what the normal death is. 



Senator Morgan. — We get then half of the abnormal death. 



Sir lliciiARD Webster. — Yes, because what happened in 1891, every- 

 body agrees is something entirely abnormal. It is suggested after this 

 case began for the first time that this abnormal death of i)ups had been 

 noticed gradually increasing from 1884 to 1891. 1 shall ask the Tribunal 

 to come to the conclusion that that is not only the fact, but can be shewn 

 to be so from the United States own evidence. Be it as it may, it will 

 make no dilTerence to my point: it will be as good to me to show that 

 pelagic sealing cannot have been the cause of the abnormal death of 

 j)ups to which I am referring. 



That I may not have to go back to the map, you will follow that 

 argument with reference to the Island of St. Geoige about one third or 

 one-fourth of the size, having regard to the seals killed in reference to 

 its importance. It is, of course, as you already know, common ground 

 that no abnormal death of pups has ever been noticed on the Island of 

 St. George. The argument which I have addressed to the Tribunal 

 pointing to the selection of rookeries on St. Paul Island applies equally 

 as between St. Paul and St. George, and I only mention it for the pur- 

 pose of enforcing what I have said. Now the otherside knew perfectly 

 well this was a most important point. It was made so in the original 

 United States Case. It was made so in the British Case. It was made 

 so in the British Counter Case; and I will not leave any reference 

 untouched as far as I can. How has this been dealt with up to the 

 present time? I read from page 706 of the Shorthand Note of my learned 

 friend Mr. Coudert's speech. 



Now with regard to the question of dead pnps the learned Tribunal will find that 

 considerable space is tlevoted to the examination of that question and the origin of 

 their death. Of course, these animals will die, as all animals Avill, and a certain 

 portion of tliem would perish under the best circumstances, but when there is a 

 large loss, and that loss is coincident with the death of the mothers, I do not think 

 that wo need to go into any careful examination or balancing of testimony. If we 

 find a man with a bullet through his brain lying on the ground, even in the hot sun 

 of July, we assume that he was killed by that bullet, and not by the sunstroke. 



That is very fine, but it does not seem to me with deference to have 

 much bearing on the point. 



And 80 when we find, at a certain period of the year, that a large number of pups 

 die on the islands, that they are emaciated, and when they are opened there is 

 nothing in their stomachs, or nothing but a very little milk; and you are shown at 

 the same time that the mothers upon which they depend for sustenance have been 

 killed — unless something can be shown that prima facie appears to account for the 

 death outside these natural causes, we must assume that they die of starvation, and 

 that is what the testimony undoubtedly shows. 



And that is the whole argument that has been addressed to this Tri- 

 bunal upon a matter which is vital and has been made vital in both the 

 printed Cases in relation to this question of the death of pups. 



Now will the Tribunal, as I have asked them already follow me some- 

 what carefully in regard to this matter. The case now made by the 

 United States is that there had been a gradual, but observed, abnor- 

 mal increase of dead pups right away from 1884 to 1891 — culminating 

 in 1891, and they have produced 4 or 5 affidavits all taken in the year 



