1838 AWARD OF THE FISHERY COMMISSION. 



tion. Why was Swiin ? I dismiss his affidavit as no contradiction 

 whatever. 



Mr. FOSTER. Don't dismiss it until I call attention to the fact that 

 further on in the cross-examination of Smith, he says he does not know 

 where the Sarah C. Pyle caught her halibut at all, and that all he knows 

 is that he supplied the bait. 



Mr. THOMSON. Where is that ? 



Mr. FOSTER. Head right along in Mr. Dana's cross-examination. His 

 statement on cross-examination is as follows: 



Q. You have with you a memorandum concerning this vessel to which you sold these 

 mackerel ? A. Yes. 



Q. What did they do with mackerel ? A. They put the fish in ice on board. I do not 

 know what became of the latter afterward. 



Q. What did the vessel do then ? A. She went out to fish. 



Q. Did you see her do so ? A. Yes. 



Q. Did she continue fishing with 2,800 fresh mackerel on board? A. The captain took 

 them for part of his bait. We did not supply him altogether with bait. 



Q. Did you go on board of her after she left the harbor? A. No. 



Q. Do you know what she caught ? A. No. 



Q. Whether cod or mackerel ? A. No. 



Q. It might have been cod f A. Yes. 



Q. Why did you say it was halibut ? A. I said that we supplied him with bait, but I do 

 not know that she caught halibut. 



Q. As to those vessels, can you tell with your glass at that distance whether what they 

 haul on board is halibut or cod ? A. I do not know what they catch, but they say that they 

 come there to tish for halibut. I frequently converse with them. 



Mr. THOMSON. He says this Captain Swett is a neighbor of his; that 

 the Sarah C. Pyle, of which Captain Swett was master, fished for 

 halibut; that he supplied him with 2,800 mackerel ; that she went out 

 to fish, and in answer to the question why he said it was halibut she 

 caught, he says, we supplied her with bait ; and in answer to the next 

 question he says, he does not know what they catch, but that they say 

 they come there to fish for halibut. Captain Sweit told Mr. Smith that 

 he came there to fish for halibut, and Smith believed his word; and I 

 say that his evidence stands entirely uucoutradicted ; and, in view of 

 what I have seen of this evidence, 1 shall dismiss the affidavit of Swim 

 as being entirely irrelevant, and having no bearing whatever upon the 

 matter. 



But there is another man that was brought forward to contradict Mr. 

 Smith. Confronted with the maps, and shown that the soundings were 

 there that he had undertaken to say were not there, he was obliged to 

 admit that he had not been there for eleven years, while Mr. Smith had 

 given evidence referring to a period within a couple of years. 



There is another witness that they put forward to contradict Hopkins' 

 testimony. On page 417 of the British evidence, Hopkins testifies as 

 follows : 



Q. Am you aware that halibut is taken inshore by boats as well as cod and pollock T A. 

 Bj our boat* T Yes; it is taken inshore. 



Q. I think you said you had heard of Americans coming in within three miles, but you did 

 'A. I do not know. Mr. Cunningham will know more than I do. It is a little 

 wide from where my business takes me. I have understood they have been in a good deal 

 around St. John Island, just west of where I am. 



Q. That is within :$ miles ? A. Close in. 



In this connection I will turn your attention to the evidence of Joseph 

 Coutoure, page L'80. fie says : 



I am 42 years of ape. I live at Cape Despair, in the county of Geap6. I am a fisher- 

 an, and at present employ men in the fishing business. This fishery is carried on along 

 coast from one to three miles from shore, and also on Miscou Bank. The Americans 

 ere. I have seen as many as 40 sail fishing there at the same time. 



