April, 1889.] 



a:n^d oologist. 



61 



shoot terns until they were within two hun- 

 dred yards of the shore, and singularly enough 

 every bird shot fell upon the beach within 

 plain sight of them. When they had ap- 

 proached within a hundred and fifty yards of 

 the beach Mr. Cahoon left his blind in which 

 he had been lying and picked up, according 

 to witnesses, seven birds, all most unmistaka- 

 bly terns, carried them to his boat, which was 

 anchored on the opposite side of a narrow 

 point and deposited them in it. 



The fourth man testified that they were 

 within seventy-five yards of the shore when 

 the defendant picked up his birds and conse- 

 quently he was, if anything, more sure than 

 the others of their identity with terns. 



Upon cross examination by the eminent at' 

 torney for the defendant, no new facts were 

 elicited from the three first witnesses. While 

 they explained clearly how they could row and 

 keep a careful lookout, none did say why it 

 was that they, one and all, were very anxious 

 to see just how many birds were shot by Mr. 

 Cahoon, for they most emphatically denied 

 that they had any idea of coming there to 

 watch him. 



The fourth witness, was, as he expressed it, 

 a man "who kept his right eye constantly 

 over his slioulder"; even when rowing, his 

 optic was fixed in this position, but when 

 asked by counsel if this eye had never been 

 directed towards signals of distress when they 

 were displayed along shore, he did not answer 

 his question but persistently turned the con- 

 versation back to the habits of terns. AVith 

 these birds he had been familiar from child- 

 hood, he had always loved them, for were 

 they not most useful to him in pointing out 

 the position of the blue fish ? Their rapid 

 diminution during his career had been so con- 

 stantly forced upon his attention, and he was 

 extremely anxious lest they should become 

 utterly exterminated! The idea was "He 

 who raises his hand against a tern raises it 

 against the thing most dear to my heart." 

 He had no malice in bringing this defendant 

 to the bar, only his extreme love for the terns 

 and solicitude for their safety caused him to 

 do it ! Had his own father stood there that 

 day and shot terns, it would have made no 

 difference, he must, with more than Spar- 

 tan fortitude, have prosecuted him ! Yet this 

 worthy man, this honest Cape Cod fisherman, 

 in whom we trust there is no guile, this man 

 whose eyesight is so keen that he is obliged to 

 keep his right optic over his right shoulder in 

 order that he may not go wrong when on the 



high seas, this man did, when under oath, on 

 the witness stand, tell the jury, in his eagerness 

 to inform them that he was familiar with the 

 habits of the terns, all their habits, that he had 

 ill his lifetime taken at least ten thousand eggs 

 of the Common Tern, thus destroying, as the 

 counsel for defendant immediately suggested 

 to him, at least ten thousand of the children 

 of his more than fatherly love. 



Against this array of evidence on the other 

 side, Mr. Cahoon stood alone. His simple as- 

 sertion that he did not shoot any terns that 

 day was all that he could offer to combat all 

 that testimony. 



Mr. Maynard, summoned as an expert on 

 the habits of terns, said that although jjre- 

 sumably terns might be identified at two hun- 

 dred yards and upwards, yet it was not a 

 matter that any one could swear was so, as 

 there was a chance for deception. Neither 

 could a tern lifted from the beach at a hundred 

 and fifty yards from the observer be identified 

 positively as such. 



Col. Nickerson made an eloquent plea for 

 the defendant, followed by one equally elo- 

 quent for the law and right by the honorable 

 district attorney. He said that Mr. Cahoon 

 had proved an excellent witness for the Com- 

 monwealth because he had acknowledged 

 that there were no birds about that day that 

 could have been mistaken for terns. The ex- 

 pert, who brought science out of books in 

 conflict with the positive evidence of men who 

 had grown up among toi-ns, might just as well 

 have staid at home. 



His Honor, the presiding Judge, made, as is 

 his custom, a just and perfectly fair charge to 

 the jury. The law was rendered to them in a 

 clear manner and they were instructed as to 

 the bearing the various evidence had upon the 

 case. 



The jury, that was fortunately made up of a 

 remarkably intelligent set of men retired, and 

 after remaining out two hours and three- 

 quarters rendered a verdict of not guilty, 

 a decision well worthy of their heads and 

 hearts. 



The yearly subscription rate of the O. & O. 

 is one dollar. This we consider low for a 

 magazine of its nature. It has again come to 

 our attention that some subscription agencies 

 have assumed the responsibility of offering it 

 to the public at a reduction. We propose to 

 protect those who advertise it at the regular 

 rates. We will trump the trick by charging 

 full rates to any who persist in cutting. 



