

398 



Mr. Ditties. — No, that is not the case, 



Mr Foster. — Try thcni. 



Mr. Thomson. — I will try ^IcNril. He says, in srction -1 of his allidavit : — 



"1. Tliat tin* tisli iiru iii'mly nil I'iUijjlit I'losc to tin- slitiiv, Ilic licsl lisliiii;; u'Wiiiul liciiig iibout 

 OIK' nnil oiii'-liiiir milt's tVinii llic slidit'; in Oclnln'V tlic lumls sniiutiiiic.-- u'n "II' iii"'rc lliiiii tlncc iiiilen 

 IVi'iii liiiul. Fully twii-thinls dl tlic nmikiici iirc iiiii,i;lit villiin tlmt' niilf.-i limii ilic slioic, iiml nil nrv. 

 caiiulit williiii vluit is kimwii iis Itu' lliiic-jiiilc ii'iiil, tlnil is witliiii n line iliawn I'ltwtfii twn ]Miiiits 

 taken lliicf miles nil' tlii' Noiih ('a[H'aiiil Kusl I'liiut ol' this islaiul." 



He draws the distinction at once. He says two-thirds were caught within three miles of 

 the coast, that is, following the contour of the shore ; hut if you are goinu: to <lraw a line 

 from point to jjoint, and take the three-mile line as a line outside of that, then they were 

 all caught within that line, liut you sec that, for the purpose of our case, the fact that 

 two-thirds were caught within three miles of the contour of the coast, is all that is 

 necessary. There were only two alfiduvits, I think, that had any allusion of this kind. 



Mr. Foslrr. — See McLcod's attidavits, |)agc 218. 



Mr. Thomson. — lu the 6th section of McLcod's affidavit he says : — 



"C. Tliai iLiiio-tcntlis ot cmr markiri'l an^ ciuij^ht witliiii unc ami (>m>-lialt' niiks iVuin tlic shore, 

 and I may sav tlic wliulc ul' tin in an cauj^lil wilhii' lliicf iiiiks d the shuvc. 'I'liiic iiciy lie an mill 

 calcli of mai ki'ic! \i>>i moiv thai thiic niiUs IVoui >hoii', hut that ilocs not olicn lia|iinii. The t;rcati'r 

 pari (if tlii'ioillisli caii'/nl hv Imiul-liiu' aiv laiitrhl at IVom twn to live milts I'rom the .sliore, ami all 

 the eoillisli taiii^ht hy tlie tiiiwl or set-lines are eaii,i_'lit w ithiii three miles iVnm the shoic. TIutc arc 

 no uiaikorel or eodtisli at all caiij,'lil hy the lioats ontsitle ol the tliree-mih' limit — thai is, oiilsitle of a 

 line til awn liom |ioints three miles oil the Iieadlands ; while the lierrinj; aie all eauijhl close inshon', 

 within two miles ot the shore. " 



There is nothing in that. It has hecn very honestly jmt by the witness. He says 

 nine-tenths of the lish 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 Nortii 

 Cape. 



Mr. Foster. — What other headlands are there ? 



Mr TAoHLvon.— There arc headlands fonned by the indcntalii ns along the coast ; and 

 he refers to them. It will he found, as I have stated, that the witnesses referr'.'d to dniw a 

 clear distinction. They say that two-thirds or nim-tenths of the tish, as ihe ease may be, 

 are caught within three miles of the shore, but that, if you draw a line th tr miles outside 

 of the line from North Cape to East Point, they are all caught within such a line. 



At page M9 Judge Foster introduces the inshore tishery ijuestion in this way : — 



"We roliiu then to the inshore tishin;,'. What is that ' in Ihe lirsl iilaee there has Ihh'D 

 some attem]il to show inslmre halil'Ul-lisliin^' in the iieiu'lihoiuluioU of Cape SaMe. It i.s very slij;ht. 

 It is eonlMilioleil by all our witnesses." 



I take leave to join issue with him on that statement, and I cali attention to page 4;i9 

 of the British testimony, where ho will see what the evidence is. 1 am ohiii^ed to call the 

 attention of the Conunission to this, because Mr. Foster treated it a.s a matter of lourse, as 

 he did the case of Newfoundland. On page 43i> William IJ. Smith, of C'lpv Sable Island, 

 is asked and answers as follows : — 



"(i>. With ivL;ai(t to lialilpiit-lishiiiL; — is tiicreany iinlil iit-lisliin;,' rarrieil onneni CniH^ Sable I.sIiukI ? 

 — A. Not liy I'.rilish jieople. I'he AniericaMs lish there 



" (). Kveiy year '. — A. Kvery year leu'iilarly. 



"t,>. What is the nnmber of the Heel whit h eonie there to lish for halibiil '. — A. I have I'eeii as hiuh 

 as i.hit; sail al one lime. 1 shoulil siipjiose there was from forty lo sixty .sail. 



'• (). .Vie the ves.sels coil-lishers at other limes i.f the y(.iii' /_A. I ihiiik they are. Duriii'^' 

 Ih'T latter jiart of Jlay ami .luiie they lish for halibut -. then ihey li-li lor eoil iiniil ( tetolur, ainl linn 

 fur iialibut. 



" (,•. In the sjirinj; ami fall they lish for halilmt, ainl in the summer I'oi eoil ' — A Yes. 



" t,t. Where Jo yon live ' — A. On (ape S.iMf Island. 



" Q. Can yon see the llei I lishiii!,' lor halibut '--A. Yes. 



'■<,». Ale Ihey iii;hl \\ithin si;,'ht from your door ?— A. Yi s. lean iiiiinl Ihe men oiide.kwith 

 an oriliiiaiy j,'hiss. I eoiinted at laii' lime nine sail al aiiehor lisliini; there." 



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



•'(). How far from the shore are Iho.se halibut cau^'lil ' — A. I'nviu one mile to two and a-lialfr\ 

 three miles perhaps ofl. 



"1,1. They are eaui.'ht inshore^ — A. Neat my place they joh wilhiii oue mile and a-lialf of Ihe 

 aboru iu uigLtuuu lathums water." 



