1836 AWARD OF THE FISHERY COMMISSION. 



Q. Why do the American schooners come over to your district, and not fish on their own 

 coast T A. They said the fishery on their own coast has failed, and they gave me as a 

 reason that they thought it was a good deal due to the trawling practices. 



Q. During how many years have they been coming there ? A. Three or four years. 



Q. They gave you that as the reason why they come to your coast T A. I talk to a great 

 many masters of American vessels. My son keeps an ice house, and they come there fot 

 ice, and I have talked with them about the fisheries, and they told me the trawling had, in 

 a measure, broken up their fishing. 



Q. How far from the shore do they catch -cod, pollock, and haddock ? A. From, half a 

 mile to a mile. The large vessels fish mostly outside the three miles, but the small vessels 

 fish on the same ground as our own fisLermen. The small vessels fish within half a mile 

 or a mile of the shore. They anchor the vessels in the harbor, and go out in boats to fish ; 

 they fish close inshore. 



Now, they did not contradict that evidence at all. I do not know 

 what the extent of coast is from Cape Split to Digby Neck. 



Mr. FOSTER. What counties does it include ? 



Mr. THOMSON. Kings, Annapolis, and Digby. 



There was an attempt to contradict this evidence by the evidence of 

 Sylvanus Smith, page 338 of the American testimony. As the coun- 

 sel for the United States have not the privilege of replying, it is only fair 

 that I should cite the pages of the American testimony that were pre- 

 sented in attempted contradiction of the evidence of our witness. 



The evidence of Sylvanns Smith is as follows : 



Q. How near ihore to any place have you known of the halibut being fished ? A. One 

 hundred and fifty miles may be the nearest point. 



Q. These are Banks ; but haven't you known it to be done, or attempted, near shore T 

 A. I have. 



Q. Where have you known them ? A. On the Labrador coast they have caught them 

 large near the shore. I have known them catch them in 30 miles or 25 miles around Cape 

 Sable. I fished there quite a number of years, around Seal Island and Brown's Bank. 



Q. How near laud there did you ever fish ? A. I have fished in sight of land. I could 

 see it. 



Q. Did you ever fish within three miles / A. No ; I don't think any one could fish in 

 there, because it is not a fishing ground. 



Q. You don't know of any one? A. No. 



That i? all he could give in the way of contradictions, if I recollect 

 right. On page 340 this question is put to him : 



Q. You cannot speak of the places where halibut have been caught since that time from 

 practical knowledge T A. No. 



Q. Previous to )df>4 you were engaged. How many seasons were you engaged catching 

 halibut ? A. I think some six or eight. 



Q. When you were then engaged did you go into the Gulf of St Lawrence at all for hali- 

 but T A. Never. 



y. Are you aware that there is a halibut fishery around Anticosti ? A. I never was aware 

 of any. 



Q. Well, the fact that two vessels were seized there while inside trying to catch, would 

 be Home evidence that they believed the halibut were there ? A. Well, they look for them 

 everywhere. 



Q. Don't you think they must have had reasonable grounds f A. I don't think it. They 

 are in the habit of looking everywhere where they may be. 



Q. Do you stand by the full meaning of your answer that you don't think they had rea- 

 nwble grounds for believing the fish to be there ? A. Well, a man might have reasonable 

 grounds for believing they were in the water anywhere. 



Mr. FOSTER. Have you the evidence where he says that one of his 

 vessels strayed into the Gulf of St. Lawrence after halibut ? Look also 

 at Swim's affidavit, page 238. 



GLOUCESTER, October 10, 1877. 



I, Benjamin Swim, of Gloucester, Muss., on oath depose and say, that I was born at Bar- 

 on, Nova Scotia; am years of age, and am now master of schooner Sarah C. Pyle. 

 I Gloucester, and have lx;en since April of this year; have been engaged in codfishing dur- 

 have landed 150,000 pounds of codfish and about 3,000 pounds of halibut; 

 and caught them all, both codfish and halibut, on Western Banks. The nearest to the shore 

 that I have caught fish of any kind this year is at least forty miles. 



BENJAMIN SWIM, 

 Master of Schooner Sarah C. Pyle. 



