AWARD OF THE FISHERY COMMISSION. 2965 



Mr. THOMSON. Yours? 



Mr. FOSTER. Certainly. 



Mr. KELLOGG asked to what rule the British counsel referred. 



Mi. FOSTER said the British counsel put in their statistics, a mass of 

 them, on the last day of their evidence. 



Mr. THOMSON read the eleventh rule. 



Hon. Mr. KELLOGG said that a modification of the rule in regard to 

 affidavits had been assented to. Aside from that, no question could 

 arise except that of relevancy. If the agents or counsel on either side 

 assured the board that, in their view, that evidence was relevant to the 

 hearing, he would be very slow himself to refuse its admission. It hap- 

 pened that it was late in the hearing, but all evidence had to come iu 

 some time or other. 



Mr. THOMSON read the affidavit of Mr. Blatchford, and said it was to 

 the effect that he went and asked the gentlemen to give him those state- 

 ments, and he swore that they were copies of the statements which they 

 were pleased to furnish him. 



Mr. FOSTER said the British counsel put in a statement from George 

 Murray, he being the collector of Port Mulgrave, of United States 

 mackerel fishing vessels for 1873 and 1874. Mr. Murray stated the 

 number of United States vessels, the number of barrels ; and in regard 

 to where they were caught, stated : " The most of those mackerel were 

 caught about Prince Edward Island, small size mackerel ; the best and 

 largest were caught at Magdalen Islands. This may not be a true num- 

 ber of barrels ; only gathered this from the vessel men ; they call them 

 that quantity ; it is not much out of the way either way." When he 

 found those statements he called for similar statements for the two fol- 

 lowing years, 1875 and 187G, and he had kept reminding the counsel 

 about them. One of the English counsel in cross-examining one of the 

 j United States witnesses, did so from a paper which they said was Mr. 

 [Murray's statement of what American vessels had caught this year, 

 j whereupon he (Mr. Foster) called for it, and got it in as part of the 

 cross examination. 



Mr. WEATHERBE asked if the paper was not an official report made 

 by Mr. Murray to the department. 

 'Mr. FOSTER. No. 



Mr. WEATHERBE said if the paper was of the character of one pre- 

 pared since the" treaty went into operation, and to be presented be- 

 fore the Commission, the rules should be conformed to, and it should be 

 presented under oath. 



Mr. FOSTER said the paper was extracted from the cross-examination. 

 It was called, "Account of American Mackerel Catches in North Bay, 

 1877." 



Sir ALEXANDER GALT said he did not remember that the statement 

 was put in as evidence. 



Mr. FOSTER said it was not put iu as independent evidence, but, after 

 ascertaining what it was on which the witness was cross examined, he 

 had stated that he was entitled to have the paper put in. 



Sir ALEXANDER GALT said the question was as to which sjde put in 

 the paper. 



Mr. FOSTER said that by the twenty-fourth article of the Treaty of 

 Washington the Commissioners " shall be bound to receive such oral or 

 written testimony as either government may present." He had called 

 upou an official of the Government of the United States to obtain sta- 

 tistics with regard to this matter, and, in pursuance of that call, he had 

 :loue so. The statistics came certified from the office, and. on behalf of 



