PLEADINGS. 207 



from the east nor west, but direct from their winter-quarters to their 

 summer-homes, and if unmolested would have spawned in our waters. 



The truth is that these fishermen have studied the habits of these fish 

 so far only as they contribute to their pecuniary interests, as suggested 

 by Captain Atwood, and upon their knowledge of these habits, these 

 traps are set where the fish most do congregate, and in such a manner 

 as to catch them. 



They profess that because these traps do not completely close the 

 mouth of the river, they do not obstruct the fish going up it. It is un- 

 doubtedly the case that these fish, like other animals, have their roads 

 and pathways, and any obstruction placed in these roads would be as 

 effectual to bar their progress as if the river were completely closed. 



It is a remarkable fact, taken in this connection, that while we are as- 

 sured that acres and acres of scup are seen outside and away from the 

 traps, and while it is the custom to unite two gangs, so that while one 

 of them attends the traps, the other, with purse-seines, are out on the 

 river looking for and catching menhaden, yet we never hear of their 

 catching scup, which are so much more valuable, by these purse-seines. 



To prove that- the fish at Seaconnet Point are hot connected with 

 those above Stone Bridge, until after they have left the latter place, 

 the trappers have set up another theory, which we shall attmept to show 

 has no better foundation than the one last discussed. It is stated that 

 some of the schools on their way eastward, from Watch Hill to Buzzard's 

 Bajr, lose their road and go up the west passage into Mount Hope Bay, 

 toward Fall Biver ; here they find they are off their course, and to regain 

 it skirt along the southern shore of the bay until they reach Seaconnet 

 Biver, then down along the eastern side of the river until they find the 

 bridge, and the passage through which being too narrow, (although 

 Captain Church admits that they have been seen going down, but not 

 up,) they cross and go up on the west side to Common Fence Point. 

 From the time they enter this river, until and up to Common Fence 

 Point, they used to be caught in purse-seines, but from this place they 

 disappear; it is held that they then go down the west passage, pass 

 around Brenton's Beef and reach Seaconnet Point about a week after 

 they allege they left Common Fence Point on their way eastward. 



This entire theory is based on the allegation that sctip used to be taken 

 at Seaconnet Point about a week after they had disappeared at Common 

 Fence Point ; it is simply a bare allegation, and is unsupported by the 

 least tittle of evidence. To believe this, one must accept as true that 

 the scup, whom instinct has led them to, our shores, have suddenly lost it ; 

 that they must have passed quietly, unseen, and beneath the surface 

 of the waters, when they had previously been on the surface, up 

 through the west passage and through Mount Hope Bay, and did not 

 appear in sight until they found they were on the wrong road, when they 

 first appear on the surface, I suppose to look round and see hoic the land 

 lies ; they then keep near the surface, while skirting along the sides of 

 the river, until they reach Common Fence Point, where they again dis- 

 appear beneath the waters, and are not seen again until the sea is 

 reached. It is not pretended that all the schools do this, for the others, 

 better informed or led by a more experienced pilot, keep along the coast 

 until they reach Seaconnet Point. 



How this can be reconciled with the fact that the unlost schools are 

 being taken as soon as they arrive at Seaconnet Point, several days or 

 a week before the lost schools regain their proper course, coupled with 

 the fact that the first run of scup do no.t continue more than a week at 

 the most, I cannot conceive. 



