ORAL ARGUMENT OF SIR RICHARD WEBSTER, Q. C. M. P. 157 



argument and in the Caseby tbe United States swore an affidavit wliich 

 is given at page 152 of the same Appendix — the 2nd Appendix to the 

 United States Case, and he refers to it in this language: 



In 1891 the rookeries iu St. Paul Island were covered in places witli dead pups, all 

 of wliicli had every symptom of having died of hunger, and on opening several of 

 them the stomachs were found to be empty. The resident physician, Dr. Ackerley 

 examined m:iny of them and found in every instance that starvation was the cause 

 of death. The lowest estimates made at the time placing the number of dead pups 

 on the rookeries as 25,000 is tdo high. 



I ask you in all fairness, and I ask those in the habit of considering 

 evidence, if this were possible, if this were true, if this were a gradu- 

 ally increasing occurrence of dead pups on these rookeries, these gen- 

 tlemen could have been possibly ignorant of it, and, yet they are mak- 

 ing aflidavits on the part of the United States and are in the position 

 of knowing, and had it been the fact they must have spoken to it. 



Mr. Daniel Wel'Ster — he has been on the Islands since 1870 — makes 

 an affidavit at page 183 of the same second volume, and he refers to 

 the fact of the death of seals — the mothers who had left pups on the 

 rookeries. He refers to that fact as being a cause of the death of the 

 pups, and there is not a suggestion made that prior to the year 1891 

 this abnormal death of pups occurred. He, Mr. President, was the 

 Superintendent on St. George's Island during that very year when the 

 Witness Morgan states, contrary to everybody else in this case, that in 

 the year 1889, I think it was, (I read it this morning), he noticed 5,000 

 or 0,000 pups dead in an abnormal manner upon St. George's Island. 

 Now, quite apart from any testimony coming from my side, quite 

 apart from any testimony in respect of which it may be said that it is 

 British testimony or British witness, can you have anything stronger 

 than that; all the Government Agents during that series of years, 

 from 1884 to 1891, and that the Company's Agents on the Islands dur- 

 ing that time, have never breathed tlie suggestion that from 1884: up 

 till 181)0 there had been noticed a gradual abnormal death of pups on 

 the liookeries, which they could only attribute to pelagic sealing! I 

 say that it does not impress one with the care that has been taken in 

 connexion with the obtaining and preparing the evidence in this case 

 that such should be the state of the matter. 



Now, Sir, at page 84 of the same volume there is a witness of the 

 name of Dr. Noyes, and no doubt, a gentleman of position. He had 

 been upon the island, if I remember rightly, a great many years — I am 

 not quite sure — from 1880. He was partly on St. George and partly on 

 St. Paul, and he says: 



The epidemic theory was urged very strongly in 1891, when the rookeries were 

 found covered with dead pups; but a careful and technical examination was made 

 on several of the dead bodies without discovering a trace of organic disease; while 

 starvation was so apparent that those who had examined them decided that it was 

 the true cause of their death. Had sickness or disease attacked the seal herd, it is 

 only reasonable to sup])ose a few grown seals would be found dead where so many 

 young ones had died so suddenly; but the most diligent search has failed to find a 

 grown seal dead upon the islands I'rom unknown causes. 



It is scarcely to be believed that a gentleman of his position observ- 

 ing upon this abnormal death of ])nps in 3 891, resident in the island 

 the whole time, would, if it had been true that this fact had been grad- 

 ually increasing and attracted the attention of the residents of the 

 island one of these witnesses actually says wlien he went back the 

 natives told him they had observed large numbers in the years 1885 

 and 188G — well, I have sufticiently indicated to the Tribunal that if I 

 relied on the United States testimony alone, it would negative the sug- 



