BEES AND FRUIT. 62 



BEES EXONERATED BY A JURY. 



In 1900, trouble arose between two broth- 

 ers named Utter, at Amity, N. Y. One was 

 a bee-keeper and the other a fruit-grower. 

 The latter averred that tlie former's bees 

 punctured his peaches, and that, in conse- 

 quence of their alleged damage, he was un- 

 able to raise any fruit. There had not been 

 very good feeling between the brothers for 

 years. The fruit-grower brought suit against 

 the bee-keeper, and the case was tried on 

 December 17, 18, and 19, 1899, at Goshen. 

 There was no lack of legal talent on either 

 side. The case was a very hard fought one 

 from beginning to end. Among some thirty 

 odd witnesses examined, the Government 

 expert, Mr. Frank Benton, of the United 

 States Department of Agriculture, Wash- 

 ington, D. C, gave in his testimony to 

 the effect that bees never puncture sound 

 fruit; that it is practically impossible for 

 them to do so, owing to the fact that they 

 have no ciitting jaws like those found in the 

 wasp and other insects of that character. He 

 also showed how wasps and birds will, under 

 some conditions, puncture fruit ; that these 

 minute holes theymake will, during a dearth 

 of honey, be visited by bees. Other expert 

 testimony was offered, nearly all of which 

 exonerated the bees. After all the evidence 

 was in and the pleas were made, the jury re- 

 tired, and in a short time returned a verdict 

 for the defendant. The fruit-grower had 

 failed to make out a case against the bees. 



For further particulars regarding this the 

 readei" is referred to the General Manager of 

 the National Bee-keepers' Association. 



In case trouble arises, the owner of the 

 bees will do well to read the next subject, 

 '' Bees as a Nuisance,'' and also the other 

 subject found in its alphabetical order, 

 " Laws Relating to Bees." 



BEES AS A rrUISArrCE. it would 

 seem almost out of place to discuss this 

 (juestion in a work intended for perusal and 

 study by those who believe (and rightly, too) 

 that bees are not a nuisance ; but, as we 

 shall show, there are very good reasons why 

 we should calmly discuss this question in 

 order to avoid trouble that may arise in the 

 future. Certain difhculties have arisen be- 

 tween the keepers of bees and their neigh- 

 bors. Perhai)S the bees, after a long winter 

 confinement, have taken a flight and soiled 

 tlie washing hung on a line in a neighbor's 

 yard. Possibly some of his cliildren have 

 been stung, or there have been times when 

 he has been annoyed while in the peaceable 



BEES AS A NUISANCE. 



possession of his own property by bees com- 

 ing on his premises, and smelling around, as 

 they sometimes do during the fruit-canning 

 season when tlie aroma of sugar and juicy 

 fruits is flowing out through the doors and 

 windows of the kitchen. Possibly the of- 

 fended neighbor keeps chickens, and mem- 

 bers of his feathered tribe have trespassed 

 on the grounds of the bee-keeper. The re- 

 sult of all this is that bad feelings arise. 

 Complaint is made to the village fathers ; an 

 ordinance is passed declaring bees within 

 the limits of the corporation to be a nui- 

 sance, and requiring the keeper to remove 

 them at once or suffer the penalty of fine or 

 imprisonment, or both. 



In some instances, live stock has been 

 stung ; a cow or a calf or a horse may get 

 near the entrances of the hives, which, we 

 will say, are within a foot of a dividing line 

 between the two properties. Perhaps the 

 stock is stung nearly to death. Damage is 

 claimed and a lawsuit follows, with the re- 

 sult that a feeling of resentment is stirred 

 up against the bee-keeper. But this is not 

 all. Possibly the bee-keeper has an a])iary 

 in his front yard, bordering on the general 

 highway. A nucleus may be robbed out, 

 with the result that the bees go on the war- 

 path , and begin to sting passersby . Perhaps 

 a span of horses is attacked ; a runaway 

 follows ; damages are claimed, and another 

 lawsuit is begun. 



In the foregoing we have supposed j5oss/6/e 

 instances. It is proper to state that they 

 are only types of what has occurred and may 

 occur again, so it behooves us to be careful. 



In the case first mentioned (the aggrieved 

 neighbor's washing soiled by the stains from 

 bees affected with dysentery), it is well for 

 the bee-keeper to send over several nice sec- 

 tions of honey, or offer to pay for the dam- 

 age done to the washing. Nothing makes a 

 woman more angry than to have her nice 

 clean white linen, after she has scrubbed, 

 rinsed, and hung it out to dry, dai;bed with 

 nasty, ill-smelling brown stains. But if our 

 bee-keeping friend will take pains to offer 

 an apology before the woman makes com- 

 plaint, and show a disposition to make the 

 matter good, trouble may be averted. And 

 right here it should be said, if the bees are in 

 the cellar do not set them out on a w^ash-day ; 

 or if they are outdoors, and the sun comes 

 out bright so they begin to fly strongly from 

 the hives, send word to your neighbors and 

 ask them not to hang out their washing, if 

 it is wash-day, for a few hours. Send along 

 a few boxes of honey, and keep the folks 



