ORAL ARGUMENT OF FREDERICK R. COUDERT, ESQ. 397 



witness. I might say that I am reminded by my associates that it 

 shoukl not be inferred from all I have read — although the Court nuiy 

 have thought I have gone ou the very verge of being tedious in read- 

 ing so much — that this is more than a part of the testimony of the 

 furriers; and if any doubt whatever remains after this reading, the 

 Arbitrators may satisfy themselves because we have given them refer- 

 ences to the Ai^pendix to the Argument of the United States, which 

 contain all the testimony ui)on the point. 



Mr. Phelps. — The same as to the evidence yon are now about to read, 

 in respect to the searches of the vessels — a good deal more there is set 

 out. 



Mr. CouDERT. — Yes. Upon this point there are only extracts from 

 the evidence of some of the witnesses. It would be taxing the patience 

 of the Court too heavily to read it all. There is an enormous mass of 

 it; we have taken some of it and the Court can judge Irom this what 

 the nature of the evidence is and what its real meaning may be. 



I am now going to read from the examination of witnesses as to the 

 catches of the sealing vessels. In the Counter-Case of the United 

 States, will be found the testimony of Mr. Grebuitzky. He makes the 

 following sworn statement: 



This year I have counted over 3,500 skins seized on poachiu <? vessels and have found 

 96 per cent to be skins of females. These were skins taken from the Commander 

 Island seals. As to skins taken near Pribilof Islands I counted the skins seized in 

 the Hosa Olsen and found two-thirds of them were skins of females. These were 

 taken as the log book of the Bosa Olden shows over 88 miles from shore. 



Kow I would like to read — I will not ask the Court to turn to it — 

 from the argument of the British Counsel, a short paragra])h in con- 

 nection with Mr. Grebnitzky's testimony. 



Mr. Justice Harlan. — What year does this witness refer to? 



Mr. CouDERT. — Mr. Grebnitzky, 1892. 



The President. — That was the year when poaching went on the 

 other side of the line? 



Mr. CouDERT. — Yes. Of course making it difficult to poach on our 

 side would have the effect of iucreasing poaching on the other side. It 

 increased Avhat the commissioners call, "the energy of the business". 



I believe scientifically no man has described what force or energy 

 meant, but we can explain what they mean here. 



In the British Argument, at page 109 (I say this for my learned 

 friends on the other side, so that they may follow me) is this para- 

 graph, — this is the language of the British Counsel commenting on the 

 statement which I have just read: and I deflect from the course of my 

 reading because it is appropriate here to show how they explain, or 

 what comments they make ou, this testimony: 



Mr. Grebnitsky is next quoted as affirming that 96 per cent of the seals taken at 

 sea are females ! 



And that is followed by a note of exclamation. 



This gentleman has had long experience as Superintendent of the Commander 

 Islands, and any statement made by him must be received with respect ; but we majr 

 be pardoned for doubting such a statement as that Jiere attributetl to him, i)articu- 

 larly as it is unsupported by any details of fact and is entirely iu opposition to other 

 evidence. 



Perhaps I ought to comment upon the words that have slipped from 

 the pen of Counsel when he spoke of this statement being here attrib- 

 nted to Mr. Grebnitsky; when the United States i)roduces an aflidavit, 

 a paper sworn to with his signature, either they have committed tlio 

 enormous crime of falsifying and forgery, or the expression ought not 

 to have been used. But it was a slii> of tlie pen perhaps in copying. 



