399 



Now lierc is the evidence of a credible witness, ft very respectable man, whose 

 testimony was no. shukcn in tlic least by cros^i-cxaniinatioii. 



I'unninj^'har.i gave ovidencc, uhic!: will hv foiiiul on page K)7, to the same effect. 



Mr. F(iii(fi\ — Have you };ot through with these gentlenieu ? 



Mr. Tliomsnn. — Yes, except that I am going to show how you attempted to answer 

 the whole of that testimony. 



Mr. /'b.s/f/-. — Shall you not want an observation upon the one you have referred to? 

 It is this: If you follow the testimony through you will see that this witness, William B. 

 Smith, testified that there was one spot where there was eighteen t^thoms of water, and 

 that was the spot where they eaught the halibut. It turned out that upon the chart that 

 (luiith could not he found. In reply to the oueslion whether lie could name any person 

 who had cauuht halibut there within the distance he had nan\ed in eighteen fathoms of 

 water, he gavf us the name of one vessel, the " Sarah C. Pyle," t'iiptuin Swett (ns it is in 

 the report), of (ilouceslcr; and bchig .iskcd if ho is a halibul (isher, he says he thinks 

 he is. 



Mr. Thomson. — When Smith was under cros8-cxamin:ition the (piestion was put to 

 him whether there was eighteen fathoms of water in llio jilaci? where the halibut was 

 caught, and he said there was. A chart was placed 'f bis hand, and wliether he looked at 

 it or not I do not know, and 1 do not cari'. It was said 'o him by the Counsel for the 

 IJnited Slates, " Look at that chart and you will find no such depth as eighteen fathoms." 

 lie said, " I have known it all my lifetime ; 1 know there arc eighteen fathoms there." 

 And while the American case was going on, and while one of the witnesses, who had 

 been brought for the jiurpose of contradicting Smith, was on the stand, I, myself, took the 

 British Admiralty chart, and on the identical s|)ot which Mr. Smith had referred to 1 found 

 eighteen or twenty fathoms of water. I think Mr. Foster nmst have Ibigottcn this 

 incident when he interrupted mc. 



I now turn to the evidence of Cunningham, i)age 407. The following j)assagc occurs 

 in his evidence : — 



"<,). Ilnw iii\uli wiiliiii time' iiiilos ild tlioso vcs.scN wliiili lisli t'lir hiiiilmt witliin lliiii iliNlanco 

 t'l'uMi tlir liiiri' loiiu' .' — A. 1 iciiilJ not :siy ; sdiui', ]ii'ili;i|is, lisli witliiii mii' ami a-li;ilt' in''' s of thu 

 hliiiii'. Wlieii' I iiiu i'iij,'a.!_'i'il ill priisocmiiiL; tiic lisln'ric.-., sdiiu' (•I'tliu Aiiicrkau vosstls lish within one 

 .iiiii a-lialt iiiiif'-. ami clhi'is w itliiii iwn laik's of llic slimc ami so mi. 



" <J. .\w any mil ,i:ii| halilnit taken oiil-iilr ><( tlu' llnri'-iuilr liiiut ! — A. ' Ml, yos ' lait tills U not 

 *i liiurli tlic I'asi' with lialilml a-, willi rdd. 



" t^i. I'll many Aiiirrii'an lislirinii'ii lish tht'iv,i)iit>iiirii|' ilnni miles i'min .-hore ' — A. I'mlouhlodly : 

 some ^eveiitv-live Aiiu riiMii ^lil ili) s(p arouml the shoivs iit'tlie eonutv nl' Sliell'iinie. " 



e 4^9 



rek villi 



The word " oiitsids " in the last question but one must be a misprint f'or inside. My 

 (piestion was : "Do many Amerlciui lishermeu lish there inside of three miles from the 

 shore:" And the answer was, undoubtedly, ''Some seventy-five American sail do so 

 around flie shores of tbi- county of Shelburne.'" 



Now I will turn the attention of the Commission to the evidence of I'atillo. 



Mr. I'oslfr. — Do you understand Cunningham as having left his testimony that 

 scventy-tive sail of halibut fishermen I'recpientcd the shores of the county of Shelburne r 



Mr. Thdin.ion. — No ; .'Xmerican fishermen. 



Mr. Fo.'ilcr. — lie said he could not tell how many fished for halibut. 



Mr. TliDiiisnn. — I dare say if he had been ;in untruthful witness he would have 

 tixcd the number at once. 



I now turn to the evidence of Thomas R. I'atillo — not the I'atillo of pugnacious 

 reputation — iuul I want to refer s|iecially to ilii' lemarks of my leariu'd iViend in reference 

 to the evidence of Mr. I'atillo, because it is a warning to the Commissioners to scrufini/.e 

 the argument of my learned f'liend very closely. It is womfcrfully ingenious, and urdess 

 y()u watch it very closely it will jiossihly mislead you. This h what Mr. Foster said, page 

 39 of his argument : — 



"Sci nuich fur llie inslidre haiilaii lisjieiv I will; imwevci', liefure leaviii'^ it, rel'cr to the stalti- 

 iiieiit I'l'iinr I'.iiiish wiliiess, TliMiiia-- II. I'.iiiiln. who lesiilicil that ULaisiuiially luilihiit may be caught 

 iushore, ;ls -k hny may catch a coillish oil ihr idck'.' 



Now he puts it as if Mr. Patillo bad said that occasionally a halibut might he caught, 

 us a boy might catch a codfish off I'lc nicks, but that it was not pnrsui'd as a business. 

 There is jusf eiimigh truth in his stat^nu'iil to make it a little dangerous. This is the way 

 the (ju-jstion is put : — 



"I,'. On Msiiiiiallv a lialiluil iiiiylil he i ,uighl iiislicue, lis a l>i>\' liii-hl ealeli a re(lli-.li nil the ruck'!, 

 but jmisiieil a^ aliusim-- lialilput aiv taii^'la in the sea ,' — A, Vcs, iu deep wutii-." 



[28t»] a (J !> 



