Hunting in Many Lands 



believed this evidence, but the jury found for 

 the defendant. 



The defense has been frequently interposed, 

 that the birds in question were not the prohib- 

 ited birds, but were some other or foreign 

 variety, until it was found that it was nec- 

 essary always to purchase and to produce 

 in court, fresh or dried, some of the game 

 in regard to which the suit was being tried. 



Before leaving the litigation of the courts 

 of the State of New York, and in order to 

 show how early and ardently the gentlemen of 

 the old school followed the diversions of the 

 chase, it is well to cite the case of Post 

 against Pierson, tried in 1805 before the ven- 

 erable Judges Tompkins and Livingston, and 

 reported in 3d Cain's New York Reports. It 

 there appears that Mr. Post, a worthy citi- 

 zen of that most traditional hunting ground, 

 Lone Island, organized a fox-hunt. The chase 

 went merrily — 



An hundred hounds bayed deep and strong, 

 Clattered an hundred [more or less] steeds along, 



and they started a fox and had him in view, 

 when one Pierson, of Hempstead, the defend- 

 ant in the case, well knowing of the chase, yet 



368 



