ORAL ARGUMENT OF FREDP^RICK R. COUDERT, ESQ. 359 



Sir Charles Russell. — Yes; but these charts do not show that 

 at all. 



Mr. Justice Harlan. — Do not these charts show where the seizures 

 took place? 



Sir Charles Kussell, — Yes, but not the place of taldng of the 

 cows in milk. 



Mr. Justice Harlan. — No. Mr, Coudert is arguing from locality and 

 time, because he had before that argued, that according to all the proof, 

 the seals had passed that i)oint and reached the Pribilof Islands before 

 August, and therefore when they were found in August round there, it 

 meant that the seals had left the Pribilof Islands before August. I 

 am not speaking of the soundness of the argument, but simply indicat- 

 ing what I understood. 



Sir Charles Russell. — I am merely pointing out that the chart 

 does not indicate that cows were taken at all, still less that they were 

 cows in milk. 



Mr. Justice Harlan. — The chart would not indicate that. 



Mr. Coudert. — Of course, the chart does not indicate that. A chart 

 is not intended to indicate that. 



Sir Charles Russell. — No. 



Mr. Coudert. — If the CouDsel will have patience with mc, I will 

 bind all these things up in a slieaf, if I can; but as Horace tells us, if 

 I want to pull a horse's tail out, I must do it hair by hair. This is a 

 hair, and if I can pull it out, then I have made some in-ogress, but I 

 cannot get at it otherwise. 



Now with regard to the observation of the learned President, we have 

 fixed the time and fixed the migration routes. If these seals are taken 

 in milk, they must have rcachecl the islands and left it. It follows from 

 the evidence already in the case, and from the evidence that we shall 

 produce, that when the animals go north, the cows are pregnant. Their 

 great haste is to reach the land. Reaching the land is life; failing to 

 reach it in time is death. As I said yesterday, the temporary and acci- 

 dental obstruction for a lew days by ice, if they are late iu the season, 

 causes an enormous mortality, for the reason that, the pups are drop])ed 

 into the sea and drowned. I am glad to have the opportunity to make 

 this statement now, for it will exi)lain much as to which there appears 

 to be (and really in fact is not) any discrepancy. They say — many of 

 these men — "We never catch seals in pup in the Behring Sea." Of 

 course, they do not — it must be very rare indeed. They pursue them 

 in pni) and slaughter them as they go up towards the Pribyloff Islands. 

 Those that they catch there are in pup. 



General Foster. — In tbe North Pacific? 



Mr. Coudert. — In the North Pacific. After they have landed and 

 established themselves at home and have dropped their pup (a#:id they 

 have but one function and one desire, which is to nurse the pup), they 

 go oft, as I have stated, and they are caught in milk. All those females 

 that are caught there — the breeding females — are in milk; those that 

 are caught before they reach the islands are in ])up. You will find it 

 very important to bear this in mind, and I am glad the learned Presi- 

 dent made the suggestion which called for this explanation. 



Mr. Justice Harlan. — When you speak of those caught on their 

 way to the land, you are referring, are you not, to those caught south 

 of the Aleutian Islands? 



Mr. Coudert. — Yes, in the North Pacific. 



Mr. Phelps. — Perhaps you would ask the learned President to look 

 at this chart. 



