The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1893-04-06
LAWYER PHELPS OBJECTS
Great Britain's Supplementary Report
on the Behring Sea Case Inadmissible.
Sir Charles Russell Surprised at the Ameri-
cans Observation-Disclosures of the Sultan's
Household Drowned-VictOry for Rebels.
SHARP PRACTICE BY BRITAIN.
Effort to Introduce InadmissibIe Evidence
in the Behring Sea Case.

Effort to INTRODUCES Inadmissibie Evidence
in the Behring Sea Case.
PARIS, April 6.-The Behring Sea Court
of Arbitration resumed it's session at Has
to-day. The Hon. 4. j. Phelps, counsel In
behalf of the United States. continued his
He commended that the British
supplementary report was inadmissible.
The admission of new evidence at this
stage. he said, was b gross injustice to the
United States. because it deprived the
United States of any chance to adduce re-
butting testimony. Mr.. Phelps discoursed
at some length on the technical meaning of
the treaty OF arbitration. and the coDdi-
tions and methods of procedure TO be fol-
lowed under the treaty. His address was
interrupted several times by an exchange
of criticisms between the counsel for the
two powers. eff / had been guiding the
policy of the United States" said Mr..
Phelps. when Great Britain presented
the counter case at the last minutel would
then n there have refused to proceed
with the arbitration. Great Britain's con-
duct was not only unjust. but deeply
humiliating for the United States"
Sir Richard Webster lnterpneed the re-
mark that Great Britain had announced In
her counter case the production at a future
date of the Behring sea commissions re-
port.
MIR. Phelps. in continuing, said that he
had not been aware of this. The whole re-
port, he said, was untrustwOrthy, for. nj
though preliminary Investigations had
been made conformity by the British aud
the American commissioners. the reports
had been drawn separately. and the Brit
ish report. therefore. had been neither an
swered nor commented upon by the United
States. The British report contained.
moreover. a large amount of hearsRy re-
marks, coDjectures and other matters quite
unsuitable as evidence before the court.
Sir Charles Russell. III his reply. said that
he had not expected such u discussion of
the legal character of the evidence as that
introduced by Mr.. Phelps. He felt quite
unprepared for this extraordinary heat on
the part of the opposing counsel. He was
extremely surprised that Great Britain
should be charged with injustice in her
conduct of the proceedings preliminary to
the meeting OF the court. There was no
intention on the part or Great Britain to
use the report of the Behring sea commits
sion as bearing upon the question of right
before the court. The cOuns for the
United States had attempted t%hroughous
the sittings of the tribunal TO force this
matter upon the commissioners as If only
one question were before them. There
were, however, other questions than those
of right TO DO settled. The tribunal was
dealing with the affairs of an open sea, in
~ " ~ Aht
than those of Great Britain and the
United States. namely, the rights of
mankind. In the matter of Great Britain's
and Americas rights the arbitrator must
act strictly as judges; in the matter of the
right OF mankind they must acquit them
selves as Just men. Sir Charles Russell
then justified the production of the report
OF the Behring Sea commission. arguing
from the terms of the arbitration treaty
between the United States and Great Bril-
tain If he said the aOla Ohiact of the ra.
port was to assist the tribunal TO gain in
formation as to the regulation of the seal
fisheries. and to increase it's knowledge of
the practical matters Al issue. the report
then must be admitted to evidence under
the article governing the procedure OF the
corrt of arbitration. Sir Charles Russell
then read the article in question. and the
court adjourned. Upon Its resssembling
he will resume his argument During the
course of his address TODAY he paid u trib-
ute to the late James q. Blame. whose
ability. he said, was recognized in both
hemisphores.