1832 AWARD OF THE FISHERY COMMISSION. 



off the headlands ; while the herring are all caught close inshore, within two miles of the 

 shore. 



There is nothing in that. It has been very honestly put by the wit 

 ness, fle says nine-tenths of the fish were caught within three miles of 

 the shore. 



It is a pure assumption on the part of Judge Foster that this line he 

 refers to is a line drawn from the headland formed by East Point to the 

 headland formed by North Cape. 



Mr. FOSTER. What other headlands are there ? 



Mr. THOMSON. There are headlands formed by the indentations along 

 the coast; and he refers to them. It will be found, as I have stated, 

 that the witnesses referred to draw a clear distinction. They say that 

 two-thirds or nine-tenths of the fish, as the case may be, are caught 

 within three miles of the shore, but that if you draw a line three miles 

 outside of the line from North Cape to East Point, they are all caught 

 within such a line. 



At page 39 Judge Foster introduces the inshore fishery question in 

 this way : 



We come then to the inshore fishing. What is that ? In the first place there has been 

 some attempt to show inshore halibut-fishing in the neighborhood of Cape Sable. It is 

 very slight. It is contradicted by all our witnesses. 



I take leave to join issue with him on that statement, and I call atten- 

 tion to page 429 of the British testimony, where he will see what the 

 evidence is. I am obliged to call the attention of the Commission to 

 this, because Mr. Foster treated it as a matter of course, as he did the 

 case of Newfoundland. On page 439 William B. Smith, of Cape Sable 

 Island, is asked, and answers as follows : 



Q. With regard to halibut-fishing, is there any halibut-fishing carried on near Cape Sable 

 Island ? A. Not by British people. The Americans fish there. 



Q. Every year ? A. Every year regularly. 



Q. What is the number of the fleet which come there to fish for halibut ? A. I have seen 

 as high as nine sail at one time. I should suppose there was from 40 to 60 sail. 



Q. Are the vessels cod-fishers at other times of the year ? A. I think they are. During 

 the latter part of May and June they fish for halibut ; then they fish for cod until October, 

 and then for halibut. 



Q In the spring and fall they fish for halibut, and in the summer for cod ? A. Yes. 



Q. Where do you live ? A. On Cape Sable Island. 



Q. Can you see the fleet fishing for halibut ? A. Yes. 



Q. Are they right within sight from your door? A. Yes ; I can count the men on deck 

 with an ordinary glass. I counted at one time nine sail at anchor fishing there. 



At page 440 he is asked, just at the top of the page : 



Q. How far from the shore are those halibut caught? A. From one mile to two and ft 

 half or three miles perhaps off. 



Q. They are caught inshore ? A. Near my place they fish within one mile and a half 

 of the whore in 18 fathoms water. 



Now here is the evidence of a credible witness, a very respectable 

 man, whose testimony was not shaken in the least by cross-examination. 



Cunningham gave evidence, which will be found on page 407, to the 

 same effect. 



Mr. FOSTER. Have you got through with these gentlemen? 



Mr. THOMSON. Yes, because I am going to show how you attempted 

 to answer the whole of that testimony. 



Mr. FOSTER. Shall you not want an observation upon the one vou 

 have referred to? It is this : If you follow the testimony through you 



II see that this witness, William B. Smith, testified that there was one 

 spot where there was eighteen fathoms of water, and that was the spot 

 where they caught the halibut. It turned out that upon the chart that 



