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



gestion that there liad been a gradual increase of these dead pups 

 extendii)g over the time when, according to the contention of my 

 learned friends they suggest pelagic sealing had been becoming a for- 

 midable factor in the case. 



Kow I must ask the Court to be good enough to notice what is our 

 testimony with regard to this matter. I will first read the United 

 States case upon it. Page 213 of the United States case says: 



Professor Dall, wbo visited the rookeries in 1880, says: ''There were not in 1880 

 sufficient dead pups scattered over the rookeries to attract attention, or form a fea- 

 ture on the rookery". Captain Bryant, Avho was on the islands from 1870 to 1877, 

 says: "A dead pup was rarely seen". Mr. J. H. Moultou, who was on St. George 

 Island from 1877 to 1881, says: "There were practicallj^ no dead pups on the rook- 

 (nies. I do not think I saw during any one season more tlian a dozen." Mr. H. G. 

 Otis, Treasury agent on the islands from 1879 to 1881, states that "it was a rare 

 thing to find a dead pup," Mr. H. A.Glidden, the Government agent from 1882 to 

 1885, says : — " During the time I was on the islands I only saw a very few dead pups 

 on the rookeries, but the number in 1884 was slightly more than in former years." 



Then comes the allegation to which I have called attention that 

 from 1884 up to 1891, the United States' Case alleges that there had 

 been a gradual increase of these dead pups without specifying the par- 

 ticular rookeries, and that this death of i)ups was occasioned by pelagic 

 sealing. 



Now I call attention, if you please, Mr. President, to the British Com- 

 missioners Eeport, paragraph 344, where they say: 



In the season of 1891, considerable numbers of dead pups were found in certain 

 places upon the rookery grounds or in their vicinity, and various hypotlieses were 

 advanced to account for this unusual mortality. As some of thes'- have special 

 bearings on the general (juestion of seal j)reservation, it may be well to devote afew 

 words to this particular subject. 



In order to exhibit the circumstances surrounding this fact and to arrive at a prob- 

 al>le explanation of its true meaning, it will be necessary in the first instance to 

 give in summarized form the observations and notes bearing upon it made on the 

 ground by ourselves. 



When visiting Tolstoi Rookery, St. Paul Island. 



That is the one I pointed out to you Sir. — 



On the 29th July, we observed and called attention to several hundred dead pups 

 which lay scattered aljout in a limited area, on a smooth slope near the northern or 

 inland end of the rookery ground, and at some little distance from the shore.. The 

 bodies were i^artly decomposed, and appeared to have lain where found for a week 

 or more, which would place the actual date of the death of the pups, say, between 

 the 15th and 20th .July. Neither the Government Agent who ^vas with us, nor the 

 natives forming our boat's crew at the time, would at first believe that tlie objects 

 seen on the rookery were dead pups, affirming that they were stones; but when it 

 became clearly apparent that this was not the case, they could suggest as causes of 

 death only over-running by bulls or surf along the shore, neither one of which 

 appeared to us at the time to he satisfactory. Mr. D. Webster, interrogated on the 

 subject some days later on St. George Island, offered merely the same sugu,estions, 

 but a few days still later, both Whites and natives on the islands were found to have 

 developed quite other opinions, and to be ready to attribute the deaths to the opera- 

 tions of pelagic sealers killing mothers while off at sea, and leading to the death of 

 pups from starvation consequent on such killing. 



"JS'ow nobody will accuse the British Commissioners of giving otherwise 

 than an accurate record of what their recollection is as to what occurred. 

 Is it conceivable that if this took place it should be true that the 

 natives — the agents — the people iii)on the island — had been observing 

 this thing gradually going on from 1884 on this rookery or on any 

 rookery ? 



Then the British Commissioners say: 



347. Believing the matter to be one of considerable importance, however it might 

 be explained, particular attention was paid to it on subsequent visits to rookeries. 

 On the 31st July and the Ist August the rookeries of St. George were inspected, but 



