222 ORAL ARGUMENT OF SIR CHARLES RUSSELL, Q. C. M. P. 



together dnriug the remainder of the seasou. The 2-year-okl females, which pair 

 with the young males in the water near the island, also now associate with the other 

 females. 



At this stage they (the female pups) leave the island for the winter, and very few 

 fil)pcar to return to the island until they are 3 years old, at which age they seek the 

 males for sexual intercourse. 



On the other hand, the males return the following year with the mature females. 



Mr. Justice Harlan. — Does tliat mean the young males? 

 Sir Charles Kussell. — I tbiuk it does. 



But the young females, as already stated, are not seen in numbers until they are 3 

 years old, when they arrive in the height of the breeding season. 



Then: 



The masters and officers of these scliooners (of the Alaska Commercial Company) 

 who are familiar with the seals, say they see small groups of small (apparently 1 and 

 2 year old) seals at all times during July and August. 



That means in the sea. 



These, I think, may be young females, which, as already stated, do not visit the 

 island till thej' are 3 years old. 



Then the other statement that he made in his later Eeport was : 



Returning again, this time as 2-year-old, 



This is the deposition which he makes in tliis case; therefore, he makes 

 a curious contradiction there of one year, 



the males go upon the hauling-grounds with the bachelor seals, and the females land 

 on the breeding rookeries. It is probable that the females of this age are fertilized 

 by the bulls, and leave the islands in the fall pregnant. 



On returning the third year the young male goes again upon the hauling-grounds, 

 and the female to the rookeries, where she brings Ibrth one pup. 



Kow, there is certainly a very remarkable difference in the two state- 

 ments; the first statement is the earlier; the one on the left-hand side 

 is that the female, after leaving as a pup a few months old, does not 

 986 come there except acting under the impulse of the sexual instinct, 

 and then she returns at three years of age; and, again returns 

 the next year, as a 4-year old, to deliver her pup. 

 Mr. Justice Harlan. — The ])hrase "2-year olds" refers to males. 

 Sir EiCHARD Wee.ster. — I think to both. 

 Sir Charles Eussell. — Yes, it goes on to say : 



It is probable that the females of this age, and so on. 



Mr. Justice Harlan. — The first sentence refers to males. 

 Sir Charles Eussell. — Yes; but to females in the next instance. 

 He says : 



Returning again, this time as 2-year-olds, the males go upon the hauling- ground 

 That is, of course, 2-year olds: 



And the females, that is the females of the same age, land on the breeding rookeries. 

 It is probable that the females of this age are fertilised by the bulls. 



And so on. 



Now finally in this connection, and still bearing on the question of 

 property and the possibility of identification, you will recollect that my 

 learned friends have again and again said that not merely do they return 

 to the island ui)on wliich they were born and attach themselves to tlie 

 land of their birth, but that they return to the same spot. We have 

 luckily the means of testing this "by experiments Avhich their own wit- 

 nesses depose to. This same Mr. Bryant went through the experiment 

 of marking a certain number; the account of the experiments will be 



